693JF723R000005 Fulton-Gibbs RFP (AMD0012).pdf

(x)

693JF723R000005

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

WASHINGTON DC 20590-0001

693JF7

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

OFFICE OF ACQUISITION MAR-380

US DOT MARITIME ADMINISTRATION

04/27/20230012

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/22/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purposes of this amendment are to:

1. Modify the type of contract resulting from this solicitation from fixed-price incentive

(firm target) to firm-fixed price

2. Reduce the amount of liquidated damages required

3. Modify the anticipated award date

4. Extend proposal due dates to May 12, 2023.

5. Modify the contract line item (CLIN) structure to align phases of work with line items

6. Revise the language in the solicitation concerning invoicing procedures

7. Incorporate the amended Attachment 1 Fulton-Gibbs Refurbishment Statement of Work

a. Scope related to fume hoods and exhaust systems in the welding and diesel labs has been removed

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

CHRISTOPHER C. ARCHER

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

27APR23

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 43CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF723R000005/0012

b. Scope related to engineering studies has been removed

c. Requirements for submission of cost data have been removed

d. Brand name or equal language has been added

(3.8 M)

e. Language related to physical security has been updated (3.10)

f. Language related to vehicle registration has been added (3.11)

g. Scope related to the procurement of modular swing space has been removed

h. Language related to roofing has been modified (4.1)

i. Language related to flooring has been modified (4.2)

j. Language related to windows has been modified (4.3)

k. Language related to lighting has been modified (4.4)

l. Language related to ceilings has been modified (4.6)

m. Language related to painting has been modified (4.7)

n. The attachments entitled "Ceiling-Floor

Finishes" and "Material Specifications" are hereby added.

8. Incorporate the amended Attachment 2

Fulton-Gibbs Refurbishment Schedule Requirements

9. Incorporate the amended Attachment 3

Fulton-Gibbs Refurbishment Pricing

10. Modify other language in the solicitation to reflect the above changes

a. Section E is added to require completion of each phase of work before final payment is issued for that phase.

All other terms and conditions remain in effect.

Period of Performance: 07/19/2023 to 07/18/2026

00003 Phase 1 (Roof & Windows)

00004 Phase 2 (1st Trimester 23/24)

00005 Phase 3 (2nd Trimester 23/24)

00006 Phase 4 (3rd Trimester 23/24)

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 43CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF723R000005/0012

00007 Phase 5 (Summer Break 24)

00008 Phase 6 (1st Trimester 24/25)

00009 Phase 7 (2nd Trimester 24/25)

00010 Phase 8 (3rd Trimester 24/25)

00011 Phase 9 (Summer Break 25)

00012 All (Period of Performance)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation #: 693JF723R000005

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: 693JF723R000005

ISSUED: February 22, 2023

PROPOSALS DUE: May 12, 2023 at 4:00 PM East Coast Time

PROPOSALS VALID THROUGH: July 11, 2023

FOR: FULTON-GIBBS REFURBISHMENT

IMPORTANT

Read the ENTIRE solicitation and see Section L for proposal submission instructions

1. Before submitting your proposal, please recheck the following:

a) Does your proposal set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

b) Have you rechecked your figures, including calculations on your work sheets?

c) Have you completed and signed all required documents?

d) Have you included a bid guarantee? A 20% bid guarantee (SF 24) is required.

2. Offerors offering less than 60 calendar days for proposal acceptance WILL NOT BE considered and WILL BE rejected.

3. Telegraphic, telephonic, or facsimile proposals will NOT be accepted.

4. All information pertaining to this RFP, including amendments, will be posted on-line at SAM.gov.

5. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Part 19.

6. Offerors shall include all APPLICABLE Federal, State, and Local taxes in their proposal. A tax-exempt number will not be provided.

7. Performance Bonds and Payment Bonds will be required for 100% of the total award amount.

8. All offerors are required to be registered with an active status at SAM.gov at the time of proposal submission. Accounts shall remain active for the entire performance period of the resulting contract.

9. Offerors shall email proposals to: usmmaproposals@dot.gov https://sam.gov/ https://sam.gov/ mailto:usmmaproposals@dot.gov

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 5

X | B | SUPPLIES OR SERVICES AND PRICES/COSTS 6

X | C | DESCRIPTION/SPECS/WORK STATEMENT 7

| D | PACKAGING AND MARKING 7

X | E | INSPECTION AND ACCEPTANCE 7

X | F | DELIVERIES OR PERFORMANCE 7

X | G | CONTRACT ADMINISTRATION DATA 7

X | H | SPECIAL CONTRACT REQUIREMENTS 11

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 18

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 30

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X | K

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

|STATEMENTS OF OFFERORS 31

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 36

X | M |EVALUATION FACTORS FOR AWARD 42

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

The contractor (also referred to as “vendor” throughout) shall provide all labor, materials, equipment, supervision, transportation, and disposal required for the complete renovation of the Fulton and Gibbs Halls at the U.S.

Merchant Marine Academy (USMMA), located at 300 Steamboat Road, Kings Point, NY 11024.

Work tasks include, but are not limited to, the following:

• Roof and window replacement

• Upgrade of hallway and classroom lighting

• Replace emergency shower/eyewash stations

• Repoint/patch/paint CMU walls

• Assessment/abatement of asbestos

Offerors shall submit proposed scheduling using Attachment 2 – Fulton-Gibbs Refurbishment Schedule Requirements.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be accomplished in accordance with contract terms and conditions, as well as the documents listed in Section J.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be conducted by the COR upon completion of work under each contract line item. Final inspection and acceptance of the scope of work under each contract line item is required before final payment will be made for that work. Final invoice submissions for work under a line item that has yet to be completed will not be considered proper invoices and payment will be rejected in accordance with FAR 52.232- 27 (a)(1)(ii) and (a)(2).

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

All work will be performed at Fulton and Gibbs Halls, located on USMMA’s campus at 300 Steamboat Road, Kings Point, NY 11024

F.2 PERIOD OF PERFORMANCE

The period of performance will be three years from the date the Notice to Proceed (NTP) is issued to the contractor.

Work shall be performed during normal business hours of 7:00AM-4:30PM, Monday through Friday. If the Contractor desires to work during periods other than above, the Contractor must notify the Contracting Officer (CO) five (5) working days in advance of the intention to work during other periods to allow assignment of additional inspection forces. When the CO determines that they are reasonably available, they may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the contract amount.

F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 1,095 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.4 FAR 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 $3,074 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.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING

DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov.

Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web-portal:

Vendors shall have electronic internet access to register in the U.S. General Services Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal. The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password. Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code.

Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web-portal User Access Request (UAR) to include the users full name, contact phone number, work e-mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing.

Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account. An e-mail will also be sent to the agency POC who initiated the UAR.

Definition.

Payment request, as used in this subpart, means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

B. Electronic payment requests—invoices.

(a) Requirements. Contracts shall require the electronic submission of payment requests, except for—

(1) Purchases paid for with a Governmentwide commercial purchase card;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise classified information or national security; or

(3) As directed by the contracting officer to submit payment requests by mail.

(b) Alternate procedures. Where a contract requires the electronic submission of invoices, the contracting officer may authorize alternate procedures only if the contracting officer makes a written determination that the Department of the Transportation (DOT) is unable to receive electronic payment requests or provide acceptance electronically and it is approved one level above the contracting officer.

For contractors/vendors who are unable to utilize DOT’s Delphi eInvoicing web-portal, waivers may be considered on a case-by-case basis. Vendors should contact the Contracting Officer’s Representative for assistance and reach out to the Accounts Payable department for review and approval.

(c) DOT electronic invoicing system. DOT utilizes the Delphi eInvoicing web portal to facilitate the electronic submission and approval of vendor invoices and certain grantee payment requests.

Except as provided in paragraphs (a) and (b) of this section, contracting officers and DOT finance officials shall process electronic payment submissions through the Delphi eInvoicing web portal. If the requirement for electronic submission of payment requests is waived under paragraph (a) or paragraph (b) of this section, the contract or alternate payment authorization, as applicable, shall specify the form and method of payment request submission.

C. Electronic authentication.

Access to Delphi eInvoicing is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via login.gov.

D. Contract clause.

Contracting officers shall insert the clause provided in Section E. below, Electronic Submission of Payment Requests, in solicitations and contracts exceeding the micro-purchase threshold, except those for which the contracting officer has directed or approved otherwise under Section B. above, and those paid with a Governmentwide commercial purchase card.

E. Electronic Submission of Payment Requests.

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

Definitions. As used in this clause—

Contract financing payment has the meaning given in FAR 32.001.

Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

Invoice payment has the meaning given in FAR 32.001.

Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and and authenticated via www.login.gov

The following FAR section applies (32.905 Payment documentation and process). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

Content of invoices.

A PROPER INVOICE MUST INCLUDE THE FOLLOWING ITEMS (except for interim payments on cost reimbursement contracts for services):

Name and address of the contractor.

Invoice date and invoice number. (Date invoices as close as possible to the date of mailing or transmission.)

Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number and mailing address of person to notify in the event of a defective invoice.

Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

Point of Contact:

Contracting Officer: Theodore Nigro: theodore.nigro@dot.gov

Vendor coordinator:

Primary: Felicia Eberling: Felicia.eberling@dot.gov Alternate: Henry Puppe: henry.puppe@dot.gov

G.2 CONTRACT ADMINISTRATION

All matters related to the contractual obligations, and general correspondence, shall be coordinated with and directed to the Contract Specialist:

Markita Wade Contract Specialist U.S. Department of Transportation

Maritime Administration Office of Acquisition, MAR380 1200 New Jersey Avenue, S.E.

Washington, DC 20590 E-mail: markita.wade.ctr@dot.gov

G.2 TAR 1252.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (NOV 2022)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

The Contracting Officer’s Representative (COR):

David Hance United States Merchant Marine Academy Capital Improvement Office 300 Steamboat Road Kings Point, NY 11024 Email: HanceD@USMMA.edu

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow- down" contract clauses have been included in the contract in accordance with FAR Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.2 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests, for changes to the contract (other than corrective), shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the Contractor.

(2) The request shall state how the proposed change would be incorporated into the schedule; whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or mailto:markita.wade.ctr@dot.gov mailto:HanceD@USMMA.edu disapproval so as not to affect the existing schedule.

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.3 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other provision of this contract such costs shall be in accordance with the contract cost principles and procedures in Federal Acquisition Regulation Part 31.

H.4 BONDS, INSURANCE, AND GUARANTEES

FAR 52.228-15 Performance and Payment Bonds-Construction (JUN 2020)

(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 valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, 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 25A). 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 6 F01, 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.

REQUIREMENT FOR INSURANCE

In accordance with FAR 52.228-5, Insurance - Work on a Government Installation (JAN 1997), the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages. The contractor shall, at its own expense, provide at least the kinds and minimum amounts of insurance required below:

Type of Accident Comprehensive

Per Person Coverage Per Accident Property

General Liability $500,000 (aggregate for bodily injury)

$100,000

Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

the certificate of insurance shall also indicate that a 30-day notice of cancellation applies. Any cancellation or material change, adversely affecting the Government’s interest, shall not be effective until 30 days after the insurer or Contractor gives written notice to the Contracting Officer.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

FAR 52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,500,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

TAR 1252.228-74 Notification of Payment Bond Protection (NOV 2022)

(a) The prime contract is subject to the Bonds statute (historically referred to as the Miller Act) (40 U.S.C. chapter 31, subchapter III), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Bonds statute for amounts owned for work performed and materials delivery under the prime contract.

(b) Persons believing that they have legal remedies under the Bonds statute should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party.

(c) The surety which has provided the payment bond under the prime contract is: [Contracting Officer fill-in prime contractor's surety information] (Name) (Street Address) (City, State, Zip Code) (Contact & Tel. No.)

(d) Subcontract flowdown requirements. This clause shall be flowed down to all subcontractors. Prime contractors shall insert this notice clause in all first-tier subcontracts and shall require the clause to be subsequently flowed down by all first-tier subcontractors to all their subcontractors, at any tier. This notice contains information pertaining to the surety that provided the payment bond under the prime contract and is required to be inserted in its entirety to include the information set forth in paragraph (c).

H.5 GREEN PURCHASING

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the Maritime Administration promotes managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well-being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at http://epa.gov/cpg Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are at http://energystar.gov/products for Energy Star products Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated Products Environmentally Preferable Computers are at http://www.epeat.net Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html Water efficient plumbing products are at http://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products or does not meet reasonable performance standards.

H.6 SECURITY

http://epa.gov/cpg http://www.biopreferred.gov/ http://energystar.gov/products http://www.eere.energy.gov/femp/procurement http://www.epeat.net/ http://www.epa.gov/ozone/strathome.html http://epa.gov/watersense

The contractor shall be solely responsible for the security of its materials and equipment.

H.7 CONTRACTOR TRAINING

The contractor shall provide a work force properly trained (and certified, if required) to perform all taskings defined within the SOW. If a tasking requires certification and/or periodic recertification, the contractor is responsible for the costs of certification and, if required, periodic recertification.

H.8 PERFORMANCE OF WORK ON GOVERNMENT PREMISES

The rules and regulations, whether in effect now or to go into effect in the future, at the premises where services are to be performed, shall apply to the Contractor and its employees while working on the premises. These regulations include, but are not limited to, presenting valid identification for entrance, smoking restrictions, obtaining and using vehicle passes for all contractor-owned and/or privately-owned vehicles, obeying posted directives, strict adherence to security and/or police directives, and safety procedures and directives.

H.9 INHERENTLY GOVERNMENTAL FUNCTIONS

Prohibition on Performing Inherently Governmental Functions - In performance of this contract, the Contractor shall not perform inherently governmental functions as defined in FAR Subpart 2.101 and prescribed in FAR Subpart 7.5. If the contractor receives a task order or other direction under the terms of the contract that it believes are inherently governmental, the contractor shall notify the CO prior to commencing work on the questioned activity.

H.10 CONTRACT SPECIFICATIONS AND DRAWINGS

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

(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 misdescribed details of the work.

H.11 CONSTRUCTION SITE DOCUMENTATION

Contractor shall keep all permits and other documents required to be on the job site with the construction manager.

SECTION I

CONTRACT CLAUSES

I.1 FAR 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 address: https://acquisition.gov/browse/index/far

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government (Alt.1) JUN 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-17 Contractor Employee Whistleblower Rights JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 Systems for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirement OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.211-13 Time Extensions SEP 2000 52.222-6 Construction Wage Rate Requirements AUG 2018 https://acquisition.gov/browse/index/far

52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirement 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 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and SEP 2013 Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-11 Buy American-Construction Materials under Trade Agreements DEC 2022 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges of Assets FEB 2021 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 52.232-27 Prompt Payment For Construction Contracts paragraph (a)(1)(i)(A) JAN 2017 (“30 days” in lieu of “14 days”) 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Contractors NOV 2021 52.233-1 Disputes (Alternate I) (Dec 1991) MAY 2014 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, &

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 (Alt. 1) 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 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2022 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed-Price) (ALT I

SEP 1996)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

TAR 1252.204-70

TAR 1252.209-70

TAR 1252.209-71

TAR 1252.211-70

TAR 1252.222-72

Contractor Personnel Security and Agency Access Organizational and Consultant Conflicts of Interest Limitation of Future Contract

Index for Specifications Contractor Cooperation in Equal Employment Opportunity and Anti- Harassment Investigations

NOV 2022

NOV 2022

NOV 2022

NOV 2022

NOV 2022

TAR 1252.222-70

TAR 1252.222-71

Strikes or Picketing Affecting Timely Completion of the Contract Work Strikes or Picketing Affecting Access to a DOT Facility

NOV 2022

NOV 2022

TAR 1252.223-70 Removal or Disposal of Hazardous Substances—Applicable Licenses and NOV 2022

Permits TAR 1252.223-71 Accident and Fire Reporting NOV 2022 TAR 1252.223-73 Seat Belt Use Policies and Program NOV 2022 TAR 1252.228-74 Notification of Payment Bond Protection NOV 2022 TAR 1252.232-70 Electronic Submission of Payment Requests NOV 2022 TAR 1252.237-70 Qualifications of Contractor Employees NOV 2022 TAR 1252.242-72 Dissemination of Contract Information NOV 2022

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts…