693JF719R000002_LRF_Solicitation.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)

MMAPR5CIP19000002

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

MARAD-00091

Judy Bowers, Contracting Officer

MARAD Office of Acquisition, MAR-380, W26-418 1200 New Jersey Avenue S.E.

Washington, D.C. 20590

Finiana Joseph 202-366-1676

1x 11/20/2018

693JF719R000002

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 renovate the Lower Roosevelt

Baseball/Soccer/Lacrosse sports facility located at the USMMA, 300 Steamboat Road, Kings Point, NY 11024 (Nassau County).

The work for this project will consist of renovating the current facility and to construction of a new entrance, new press-box, spectator seating stands and baseball dugouts. In addition, the project requires the installation of new artificial grass fields for baseball, soccer and lacrosse as well as an artificial grass lacrosse practice field.

This announcement is a Total Small Business set-aside.

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

236220; The Business Size Standard is $36,500,000.00 in average annual receipts for the last three years.

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

$1,000,000 and $5,000,000.

Continued ...

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

12/20/2018

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

USMERCHANT MARINE ACADEMY PROCURE

DIVISION OF PROCUREMENT

MAR-3805

300 STEAMBOAT ROAD

MARAD-00095

KINGS POINT NY 11024-1699

Judy Bowers

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 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF719R000002

The government intends to award a Firm Fixed

Price Contract.

Period of Performance: Beginning in May 2019, the work is to be completed within 180 days after

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.

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: 180 Days After Notice to Proceed

Delivery Location Code: MARAD-00095

USMERCHANT MARINE ACADEMY PROCURE

US DOTMARITIME ADMINISTRATION

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699 USA

FOB: Destination

Period of Performance: 05/06/2019 to 10/17/2019

00001 Renovation and upgrade of Lower Roosevelt field.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF719R000002

00002 Renovation and upgrade of Lower Roosevelt field

00003 Renovation and upgrade of Lower Roosevelt field

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

Sponsored by GSA

FAR (48 CFR) 53.110

Lower Roosevelt Field Project

Place of service: U.S. MERCHANT MARINE ACADEMY (USMMA)

300 Steamboat Rd, Kings Point N.Y. 11024

Date of issuance: November 20, 2018, Closing date and time: December 20, 2018 at 3PM EST

Site Visit: Tuesday, November 27, 2018

Description of service:

Renovation and upgrade of Lower Roosevelt field in the areas containing the soccer field, the Mariners’ baseball diamond and the lacrosse surfaces at USMMA. For Specifications and Drawings Reference Section J Attachment.

NAICS code: 236220 - Commercial and Institutional Building Construction

Contract type: Firm Fixed Price (FFP)

Set Aside: Small Business

Mailing address:

Judy Bowers Contracting Officer W26-418 Office of Acquisition, MAR-380 Maritime Administration U.S. Department of Transportation (DOT) 1200 New Jersey Avenue S.E.

Washington, D.C. 20590

Lower Roosevelt Field

Source: http://www.usmmasports.com/facilities/LowerRoosevelt http://www.usmmasports.com/facilities/LowerRoosevelt

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 and experienced Contractor to provide labor, material, tools, and equipment to perform contraction and renovation of Lower Roosevelt Field located at the USMAA.

This facility consists of Upper and Lower Roosevelt Fields. The two fields honor Presidents Theodore and Franklin D. Roosevelt.

- Upper Roosevelt is used as a practice field for football and lacrosse.

- Lower Roosevelt is the area that contains the practice soccer field and the Mariners’ baseball diamond.

An assessment survey to determine and document the condition of the existing structure of the Lower Roosevelt Field was completed by an architectural/engineering (A&E) firm and the survey shows that the field needs critical repairs and life extension repairs.

Lower Roosevelt Field is located at:

U.S. MERCHANT MARINE ACADEMY (USMMA)

300 Steamboat Road, Kings Point N.Y. 11024

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

CLIN # Description Price 0001 Renovation of Lower

Roosevelt Field

Section C: -- Descriptions / Specifications Work Statement.

General Description of Work

The Maritime Administration (MARAD) of the U.S. Department of Transportation (DOT) requires r e n o v a t i o n o f Lower Roosevelt Field, located at the United States Merchant Marine Academy (USMMA) in Kings Point, NY to include:

- new entrance

- new press box

- spectator seating stand(s)

- bleacher(s)

- baseball dugout (s)

- lights

- scoreboard(s)

In addition, the project requires the installation of:

- new artificial grass fields for baseball, soccer and lacrosse

Specifications and Drawings – See LRF Specifications dated 4.23-2018 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.

Contractor shall provide a warranty that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

Section F: -- Delivery and performance Time / Hours: 7:00am-4:00pm EST, M-F

Place: Lower Roosevelt Field - 300 Steamboat Road, Kings Point, NY 10024

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

Period of Performance: Within 180 calendar days after notice to proceed (NTP). It is anticipated that the NTP will be issued on or about May 6, 2019. 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-base 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.

POINTS OF CONTACT

a. PROCURING CONTRACTING OFFICER (PCO)

U.S. Department of Transportation Maritime Administration Judy Bowers, Senior Contracting Officer 1200 New Jersey Avenue, S.E. - W28/201 Washington, D.C. 20590 Telephone: (202) 366-3618 E-mail Address: Judy.Bowers@dot.gov

b. LOCAL CONTRACT ADMINISTRATION

All post award Correspondence shall be directed to the Administrative (ACO) Contracting Officer except as otherwise specified at the following address:

U.S. Merchant Marine Academy Maxmillian Diah, Chief of Procurement 300 Steamboat Road Kings Point, NY 10024 Email: DiahM@USMMA.edu

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 Judy Bowers, Senior Contracting Officer 1200 New Jersey Avenue, S.E. - W28/201 Washington, D.C. 20590 Telephone: (202) 366-1913 E-mail Address: Judy.Bowers@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:DiahM@USMMA.edu

c. The COR for this contract will be:

U.S. Merchant Marine Academy Robert Ditroia Capital Improvements Manager 300 Steamboat Road Kings Point, NY 10024 Office: (516) 726-5620 Email: Ditroiar@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 52.204-19 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, 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 52.214-34 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 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

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 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 F.o.b. 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

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 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 180 days.

The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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 $4,587.73 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

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

(a) Definitions. As used in this clause--

“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 nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“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)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

OFFICE OF ACQUISITIONS (MAR-380)

U.S. DOT/MARITIME ADMINISTRATION

1200 NEW JERSEY AVE., SE

MAIL STOP: W28-201

WASHINGTON, DC 20590

Bruce.Markman@DOT.gov

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

(End of provision)

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

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information (the drawings and the specifications) furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the Federal Government through an Architectural and Engineering (A&E) firm.

52.243-7 Notification of Changes. (APR 1984)

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

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

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 2 (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions.

On the basis of the most accurate information available to the Contractor, the notice shall state -

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

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

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

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

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

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

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

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

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

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

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

(d) Government response. The Contracting Officer shall promptly, within 5 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either -

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

(2) Countermand any communication regarded as a change;

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

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

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

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

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

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

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

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.

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.

701 pages 02 pages

1. Specifications

2. National Environmental Policy Act (NEPA)

3. Davis Bacon Act – Wage Determination

4. Drawings

13 pages 34 pages

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: Tuesday, November 27, 2018 at 10:00 A.M.

Location: Conference Room in Furuseth Hall

USMMA 300 Steamboat Rd, Kings Point NY 11024

Prospective offerors planning to attend the site visit should notify the Contract Specialist, Finiana Joseph by November 26, 2018, 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.

Questions that offerors desire to be addressed at the meeting should be submitted to via email at Finiana.Joseph.CTR@dot.gov no later than 12:00 Noon EST November 23, 2018. Include the solicitation number 693JF719R000002 in the subject line.

Where to Submit:

Offerors shall submit proposals electronically to Judy Bowers via Judy.Bowers@Dot.gov

Proposal Content:

The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria. Proposals must clearly demonstrate how the offeror intends to accomplish the project and must include convincing rationale and substantiation of all claims. Unnecessarily elaborate presentations beyond those sufficient to present a complete effective response to the solicitation are not desired.

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:

The proposal should be clear and succinct in presenting the offeror’s methodology, technical approach, and supporting rationale. 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:

The offeror’s proposal shall provide documented evidence of the offeror’s successful performance of the same or substantially similar services as those required in the RFP, including the ability and experience to furnish and install artificial grass fields. Offeror shall provide a proposal with a list of past projects that the Government should consider, including but not limited to any of similar scope and magnitude that have reached the artificial grass goal of a 10+ year life expectancy and any that have not reached the minimum goal of 8-year life. More recent projects are acceptable for determination of prior experience in the installation of artificial grass fields.

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…