693JF719R000027_-_Yocum_Sailing_Exterior_Railing_and_Stairs.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)

USMERCHANT MARINE ACADEMY PROCURE

DIVISION OF PROCUREMENT

USMMA-5206

300 STEAMBOAT ROAD

MARAD-00095

KINGS POINT NY 11024-1699

Judy Bowers 202-366-1913

1x 07/26/2019

693JF719R000027

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

This is a solicitation notice pursuant to FAR 36.213-3 announcement for the

Department of Transportation/Maritime Administration/ United States Merchant Marine

Academy (USMMA). This solicitation is for the deck railing replacement and exterior stair replacement at the Yocum Sailing Center. Railings and stairs must be suitable to withstand harsh weather conditions in an area located near seaside activities.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any buildings. This project is located at the USMMA, 300 Steamboat Road, Kings Point, NY 11024 (Nassau County)

The package should include a Bid Bond 20% of the proposed award and a 100%

Performance Bond within 10 days after award.

This is a Request for Proposals (RFP). The Government intends to award a Firm-Fixed

Price contract.

This announcement is a Total Small Business set-aside in accordance with Federal

Acquisition Regulation (FAR) 52.219-6.

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

236220 - Commercial and Institution Building Construction; The Business Size

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

08/26/2019

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

OFC OF ACQUISITION

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590-0001

MARAD-MAR-380

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF719R000027

Standard is $36,500,000.00 in average annual receipts for the last three years.

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 BOND IS REQUIRED IN AN AMOUNT OF

20% OF THE BID PRICE.

NOTE 1: 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.

Site Visits are scheduled as follows:

Wednesday, August 7, 2019 at 10:30am

Wednesday, August 14, 2019 at 10:30am

It is highly recommended that you attend one of the site visits.

Contact Paul Buhse. at buhsep@usmma.edu and judy.bowers@dot.gov if you intend on attending the site visit.

Proposals are due on Monday, August 26, 2019, at

2:00 pm, Eastern Standard Time, via email to:

judy.bowers@dot.gov

Judy Bowers

Sr. Contracting Officer

FOB: Destination

00001 Replace Exterior Railing and Stairs to Yocum

Sailing Destination

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

Sponsored by GSA

FAR (48 CFR) 53.110

Document No.

693JF719R000027

Document Title

Yocum Sailing Exterior Railing and Stairs Replacement

SECTION A - Solicitation/Contract Form (Continues)

The Maritime Administration (MARAD) will furnish the offeror with the following materials in the Solicitation on FBO:

1) Statement of Work;

2) Pictures and,

3) Labor Rates.

SECTION B – Schedule of Services/Prices

This is a Firm Fixed Price contract. The anticipated contract will not have any Optional Item or Option Year Period. The Prevailing Construction Labor Categories, the Labor Rates, and the Total Contract Price is an attachment in the solicitation.

The Proposed Total Contract Price is: $

SECTION C - Description/Specifications

Statement of Work

C.1. BACKGROUND

The United States Merchant Martine Academy (USMMA) is an agency of the Maritime Administration (MARAD) managed by the United States Department of Transportation.

The USMMA is listed on the National Register of Historic Places. Therefore, all work shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part 68) http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf.

All work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S. Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.

Document Title

Yocum Sailing Exterior Railing and

SCOPE

The USMMA seeks a qualified and experienced contractor to provide labor, material, transportation, tools, equipment and supervision to perform deck railing replacement and exterior stair replacement at the Yocum Sailing Center. Railings and stairs must be suitable to withstand harsh weather conditions in an area located near seaside activities.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any buildings located at the USMMA. The contractor will immediately notify the contract officer’s representative (COR) or contracting officer upon encountering any hazardous materials.

DELIVERABLES

The Contractor is responsible for the following;

1. Remove and dispose of existing railing on the Tyson Pavilion.

a. Remove concrete paving blocks to expose railing pitch pockets.

b. Remove damaged pitch pockets and/or grouting.

c. Remove and preserve signage and flower boxes as necessary.

d. Remove and dispose of existing railing around the Tyson Pavilion

(Approximately 175 feet).

e. Provide temporary safety railing around the pavilion.

2. Remove two existing exterior staircases.

a. Remove and dispose of the existing steel/concrete staircases leading to the Tyson Pavilion from the ground.

3. Furnish and install new stainless steel handrails around the Tyson Pavilion and roof.

a. Replace new pitch pockets where damaged.

b. Install new aluminum handrails around the Pavilion and roof as per original specifications. See illustrations.

Document Title

Yocum Sailing Exterior Railing and

c. Railing posts and top rails shall be 2-inch diameter painted aluminum and intermediate rails shall be 1 ½ -inch diameter painted aluminum. Color to match existing.

d. Posts shall be secured in the pitch pockets using non-shrink grouting.

e. Ensure railing installation results in a firm and solid railing secured to the roof deck.

4. Furnish and install new exterior staircases.

a. Install two exterior aluminum staircases and rails with fiberglass reinforced; non-slip plastic (FRP) stair treads in the existing locations. Approximately 15-feet in height.

b. Staircases shall duplicate design of existing including landings, steps and handrails. Paint to match existing.

GENERAL

1. The contractor shall provide all labor and material, transportation and supervision in the performance of all tasks detailed in this statement of work.

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

3. Maintain a work area compliant with safety standards.

4. Areas worked on shall be cleaned and secured on a daily basis.

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

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

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

8. No vehicles shall be driven on the sidewalks or grass.

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

Document Title

Yocum Sailing Exterior Railing and

CLOSE OUT

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

Materials and labor to be warranted for one year after installation, and equipment to be warranted per manufacturer.

SUBMITTALS

1. Shop drawings and design of handrails and staircases.

2. Grout specifications.

3. MSDS information on paint.

4. Safety plans.

GOVERNMENT FURNISHED PROPERTY, MATERIAL, EQUIPMENT OR

INFORMATION.

N/A

CONSIDERATIONS

• Submit schedule showing area to be worked on, dates of work, and estimated timeline for completion of the task(s).

• Maintain communication with the COR (and immediately inform the COR of any unforeseen issues or problems that arise).

• Inform COR of any anticipated disruption in services for construction at least three (3) days in advance

PLACE OF PERFORMANCE

Contractor will perform the task at the Yocum Sailing Center located at the USMMA, 300 Steamboat Road, Kings Point, N.Y. 11024

Document Title

Yocum Sailing Exterior Railing and

PERIOD OF PERFORMANCE

Work is to be completed within 90 calendar days after NTP is approved. Work is to be performed during normal business hours 0700 to 1630, Monday through Friday unless approval is granted by the Contracting Officer.

ACRONYMS

ANSI American National Standards Institute ASME (Formally known as) American Society of Mechanical Engineers ASHRAE American Society of Heating Refrigeration and Air Conditioning Engineers CFR Code of Federal Regulations COR Contract Officer Representative EPA The United States Environmental Protection Agency IEEE The Institute of Electrical and Electronics Engineers MARAD United States Maritime Administration NEC National Electrical Code ANSI/NFPA 70 NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NTP Notice to Proceed USMMA Unites States Merchant Marine Academy.

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Yocum Sailing Exterior Railing and

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Original Design of Handrails and Pitch Pockets

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Yocum Sailing Exterior Railing and

Original Design of Handrails

SECTION D - Packaging and Marking

N/A

SECTION E - Inspection and Acceptance

E.3 Contracting Officer’s Representative.

a. The Contracting Officer’s Representative (COR) is responsible for the technical aspects of the project. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

b. The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes to the Contracting Officer directly or through the COR. No such changes shall be made without the express prior authorization of the Contracting Officer. The COR may designate assistants in writing and transmit a copy of such designation through the Contracting Officer to the offeror.

Document Title

Yocum Sailing Exterior Railing and

c. The COR for this contract will be Mr. Paul Buhse..

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

SECTION F - Deliveries or Performance

The period of performance will is forty-five days from the issuance of the “Notice to Proceed”.

The Notice of Proceed will be issued after the 100% performance bond has been received to the Contracting Officer.

SECTION G - Contract Administration Data

G.I. Address for Invoices

Invoices should be mailed to the following e-mail address: MARADInvoices@faa.gov

G.2. Administrative Contracting Officer

The Administrative Contracting Officer of this contract is: Judy Bowers.

SECTION H - Special Contract Requirements

None

SECTION I - Contract Clauses

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 this/these address(es): http://farsite.hill.af.mil and 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 mailto:MARADInvoices@faa.gov http://farsite.hill.af.mil/ https://acquisition.gov/far/

Document Title

Yocum Sailing Exterior Railing and

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 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters FEB 2012 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records- -Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -Modifications - Sealed Bidding AUG 2011 52.214-28 Subcontracting Certified Cost or Pricing Data--Modifications--Sealed Bidding OCT 2010 52.219-6 Notice of Total Small Business Set-Aside OCT 2014 52.219-8 Utilization of Small Business Concerns JAN 2011 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work MAY 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 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 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-35 Equal Opportunity for Veterans JULY 2014 52.222-36 Affirmative Action for Workers with Disabilities JULY 2014 52.222-37 Employment Reports on Veterans JULY 2014 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification AUG 2013 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

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Yocum Sailing Exterior Railing and

52.223-11 Ozone-Depleting Substances MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-12 Notice of Buy American Act Requirement – Construction Materials Under Trade Agreements MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 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 52.236-17 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 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items OCT 2014 52.246-12 Inspection of Construction AUG 1996

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52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 TAR 1252.223-71 Accident and fire reporting (APR 2005) TAR 1252.223-73 Seat belt use policies and programs (APR 2005) TAR 1252.228-73 Notification of Miller Act payment bond protection (APR 2005) TAR 1252.242-73 Contracting officer's technical representative (OCT 1994)

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 140 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 $300.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

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

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Yocum Sailing Exterior Railing and

(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

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Yocum Sailing Exterior Railing and 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.

“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;

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Yocum Sailing Exterior Railing and

(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

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Yocum Sailing Exterior Railing and 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.]

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Yocum Sailing Exterior Railing and

[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)

ATTN: Judy Bowers

U.S. DOT/MARITIME ADMINISTRATION

1200 NEW JERSEY AVE., SE

MAIL STOP: W26-418

WASHINGTON, DC 20590

(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.

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(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.

(End of clause)

52.243-4 -- CHANGES (JUN 2007)

(a) ) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes --

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating --

(1) The date, circumstances, and source of the order; and

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the

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Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of Clause)

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows: NONE

(End of Clause)

SPECIAL CONTRACT REQUIREMENTS

1. SCHEDULE OF INSURANCE

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

Workmen’s Compensation and Employer’s Liability Insurance:

$100,000

General Liability Insurance for Bodily Injury Liability Minimum Per Occurrence for Bodily Liability: $500,000 Minimum Per Each Accident for Property Damage: $100,000 Minimum Aggregate for Bodily Injury: $500,000

Automobile Liability Insurance Minimum Per Person $200,000 Minimum Per Occurrence for Bodily Injury $500,000 Minimum Per Occurrence for Property Damage $ 20,000

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

(2) until 30 days after the insurer of the contractor gives written notice to the Contracting Officer.

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c. The contractor shall insert the substance of the clause entitled “Insurance Work on a Government Installation (FAR 52.228-5),” in subcontracts under this contract that require work on a Government Installation and shall require subcontractors to provide and maintain the insurance required above.

2. SECURITY

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

3. BID, PERFORMANCE AND PAYMENT BONDS

In accordance with FAR 52.228-15 Performance and Payment Bonds – Construction, 100 % of the quoted value for the project. Fully executed performance and payment bonds and the above referenced insurance certificate should be returned to this office within 10 days of award of contract. Bid Bonds are required with pricing and solicitation submittal. Refer to Bid Bond Clause 52.228-1 Bid Bonds are required at 20% of the Total Value of the Bid being submitted by the contractor.

5. CONTRACT DRAWINGS AND SPECIFICATIONS

(a) The Government will provide to the Contractor, without charge, applicable drawings and specifications related to this requirement upon request.

(b) Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work.

6. INVOICE REQUIREMENTS

Invoices can be mailed or submitted to the following address:

U.S. Mail MARAD, A/P Branch AMZ-160 P.O. Box 2570 Oklahoma, OK 73125

FEDEX

MARAD A/P Branch, AMZ

6500 S. MACARTHUR BLVD.

Oklahoma, City, OK 73169

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

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Yocum Sailing Exterior Railing and

MARADInvoices@FAA.GOV

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

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

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

(2) Invoice date

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

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

(5) Shipping and payment terms

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

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

Upon completion of the web-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 Central Contractor registration (May 1999) is included in this solicitation/contract. All Contractor payments will be made by EFT unless accepted or otherwise determined by the paying office designated in the contract.

GOVERNMENT POINTS OF CONTACT

a. PROCURING CONTRACTING OFFICER (CO)

Judy Bowers Lead Contracting Officer U.S. Department of Transportation

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Maritime Administration Office of Acquisition, MAR380 1200 New Jersey Avenue, S.E. – W26-418 Washington, D.C. 20590 Office: (202) 366-1913 E-mail: judy,bowers@dot.gov

b. LOCAL CONTRACT ADMINISTRATION

All Correspondence shall be directed to the Procuring Contracting Officer except as otherwise specified.

c. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Paul M. Buhse United States Merchant Marine Academy Department of Public Works 300 Steamboat Road Kings Point, NY 11024 Office: 516.726.5901 Email: buhsep@USMMA.edu

SECTION L - Instructions, Conditions, and Notices to Bidders

Site Visits are scheduled as follows:

Wednesday, August 7, 2019, at 10:30am Wednesday, August 14, 2019, at 10:30am

Contact Richard Ronde, Jr. at buhsep@USMMA.edu and judy.bowers@dot.gov if you intend on attending the site visit

Proposals are due on Monday, August 26, 2019, at 2:00 pm, Eastern Standard Time, via email to:

Judy.bowers@dot.gov Sr. Contracting Officer mailto:buhsep@USMMA.edu mailto:buhsep@USMMA.edu mailto:judy.bowers@dot.gov mailto:Judy.bowers@dot.gov

SPECIAL CONTRACT REQUIREMENTS