RFQ 693JF724Q000002 Painting.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

693JF724Q000002

DOT/Maritime Administration Office of Acquisition MAR-380 1200 New Jersey Ave SE Mail Stop W-28-201 Wasington, DC 20590-0001

See section C of the solicitation for this requirement .

Durba Ray 202-366-9551

1 4802/28/2024

3/20/2024

3:00PM EST

In accordance with the solicitation

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Solicitation #: 693JF724Q000002

REQUEST FOR QUOTATION

SOLICITATION NUMBER: 693JF724Q000002

ISSUED: February 28, 2024

QUESTIONS DUE: March7, 2024 at 3:00 PM East Coast Time

PROPOSALS DUE: March 20, 2024 at 3:00 PM East Coast Time

PROPOSALS VALID THROUGH: June 20, 2024

NAICS Code – 238320. Total Small business set aside

FOR: Painting Services for Barry and Jones Halls at the U.S. Merchant Marine Academy (USMMA)

IMPORTANT

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

1. Offerors offering less than 90 calendar days for proposal acceptance WILL NOT BE considered and WILL BE rejected.

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

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

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

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

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

7. 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.

8. Offerors shall email proposals to: usmmaproposals@dot.gov and cc durba.ray@dot.gov https://sam.gov/ https://sam.gov/ mailto:usmmaproposals@dot.gov mailto:durba.ray@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

| 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

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 “Offeror” throughout) shall provide all labor, materials, equipment, supervision, transportation, and disposal required for the complete the repainting of various facilities on the Academy listed in Attachment A. Base period shall be awarded utilizing the USMMA identified facility schedule located on Attachment B. All measurements in Attachment A are Rough Order Magnitude. Prospective Offerors shall be responsible for measuring and verifying the total square footage of areas to be painted under this award prior to submitting proposals. The USMMA is looking for a qualified, licensed and insured contractor to provide labor, material, transportation, tools, equipment and supervision to re-paint the interior of the facilities listed in this section of SOW.

CLIN DESCRIPTION PER

SQ FT

PER SQ

FT

TOTAL

0001 BARRY DORMITORY

BUILDINGS

INTERIOR RE-

PAINTING (Including labor, material, transportation, tools, equipment and supervision to re-paint the interior of the facilities)

0002 JONES DORMITORY

BUILDINGS

INTERIOR RE-

PAINTING (Including labor, material, transportation, tools, equipment and supervision to re-paint the interior of the facilities)

TOTAL $

SECTION C

DESCRIPTION/SPECIFICATION/STATEMENT OF

WORK (SOW)

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.

OBJECTIVE:

The USMMA seeks the repainting of various facilities on the Academy listed in Attachment A. Base period shall be awarded utilizing the USMMA identified facility schedule located on Attachment B. All measurements in Attachment A are Rough Order Magnitude. Prospective Offerors shall be responsible for measuring and verifying the total square footage of areas to be painted under this award prior to submitting proposals.

SCOPE:

The USMMA is looking for a qualified, licensed and insured contractor to provide labor, material, transportation, tools, equipment and supervision to re-paint the interior of the facilities listed in this section of

SOW.

The selected contractor will be responsible for the following:

JONES/BARRY DORMITORY BUILDINGS

Re-painting of two dormitory buildings, totaling approximately 109,000 square feet of interior space. Each building has four floors with approximately (26) to (34) rooms per floor on floors 1, 2 and 3.

Re-painting of all hallways, stairwells (including stairs and hand rails), dorm rooms and bathrooms. Hallway, laundry room, mail room and IT office will be painted in basement level (Zero Deck) of Jones Hall.

Hallway in basement level (Zero Deck) of Barry Hall is required.

DELIVERABLES:

• Moving of all bunk beds, desks, chairs and furniture to center of room or hallway

• Patch all existing holes, and repair all damaged areas in existing walls and ceilings.

• Supply and apply a minimum of one coat of Benjamin Moore Fresh Start Primer # 046-00, or equivalent, primer suitable for paint type on all surfaces to be painted.

• Supply and apply a minimum of two coats of Benjamin Moore Super Hide Latex eggshell finish on all wall surfaces in hallways, rooms and stairwells. Spec per Paint Color Requirement in this document.

• Supply and apply a minimum of two coats of Benjamin Moore, Waterborne ceiling paint in flat white, or equivalent on all ceiling surfaces and closets.

• Supply and apply a minimum of two coats of white, semi-gloss finish on all trim and railing surfaces, except as noted in Paint Color Requirement in this document.

• Supply and apply a minimum of two coats of oil-based paint on all door jambs and stair railings.

• Protection of all floor, and non-painted/paintable surfaces and furniture

GENERAL:

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

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

• Maintain a work area compliant with safety standards.

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

• Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows).

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

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

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

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

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

• Contractors shall be licensed, bonded and insured as mandated by federal, state and local municipal regulations.

• The Contractor shall provide samples, color catalogues and others, for approval at the Contractor's expense to the

COR.

• Submit schedule seven (7) days in advance of work to be accomplished for approval.

• 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.

PREPERATION:

• The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping, prior to surface preparation and painting. (Taping includes windows, door jams, etc.)

• The Contractor shall clean and prepare surfaces to be painted following the manufacturer's instructions before applying paint or surface treatments. This preparation includes removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion.

• In some cases, the Contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, chipping, etc.

• All surfaces must be clean and dry. The Contractor shall schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

• The Contractor shall notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas.

• Electrical covers will be removed by the Contractor and saved until the end of the job. The Contractor will re install the electrical covers. If the Contractor- before paint job starts- finds a broken cover, he should inform of it by writing to the COR, otherwise, the Contractor will be responsible to replace all missing electrical covers with new covers after painting.

• The Contractor shall provide samples of the color on sample of the type of material to be painted before actual paint date is scheduled.

• Historical areas shall be prepped by removing damaged or deteriorated paints and finishes to the next sound layer using the gentlest method possible, then repainting or refinishing using compatible paint or other coating systems and repainting with colors that are appropriate to the historic building.

• Occupant furniture and office equipment in the Contractor's immediate work area shall be moved and protected by the Contractor and returned to its original location once work is completed. The Contractor is responsible for repair or replacement of furniture and office equipment due to damage as a result of moving tenant furniture or office equipment.

PAINT COLOR REQUIREMENT:

Contractor to provide the following Benjamin Moore or equivalent, paint colors-

BARRY/JONES HALL-

All walls- Benjamin Moore, Linen White #OC-146, Eggshell Ceilings- Benjamin Moore, Flat White #286-01 Latex Hallways- Above Chair Rail: Benjamin Moore, Sugar Cookie #2160-70, Eggshell Hallways- Below Chair Rail: Benjamin Moore, Harbor Fog #2062-70, Eggshell Columns & Chair Rail: Benjamin Moore, Whipple Blue #HC-152, Eggshell Stair Well- Benjamin Moore, Linen White #OC-146, Eggshell Stair Railings- Oil Based, Black

MATERIAL PRPERATION:

The Contractor shall mix and prepare paint following the manufacturer's directions.

APPLICATION:

• The Contractor shall apply paint following the manufacturer's directions.

• Use applicators and techniques best suited for substrate and type of material being applied.

• Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

• The Contractor shall apply the first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration.

• Allow sufficient time between successive coats to permit proper drying.

• Do not recoat until paint has dried.

• Metal grills and metal doors must be cleaned; rust removed, and painted with pre-catalyzed enamel paint in similar colors as they are currently painted.

• Paint shall cover painted surface completely with no underlying colors coming through.

• The Contractor shall apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

• The Contractor shall maintain the room identification signs, wayfinding signs, evacuation signage and any other existing labeling and signage in accordance with OSHA and NFPA standards to ensure labels remain visible and easily readable.

MECHANICAL APPLICATION:

• The Contractor may use mechanical methods for paint application when permitted by manufacturer's recommendations.

• Wherever spray application is used, the Contractor shall apply each coat to provide the equivalent hiding of brush-applied coats.

• The Contractor shall not double-back with spray equipment building up film thickness of two coats in one pass, unless recommended by the manufacturer.

HAZARDS:

The Contractor is responsible for ensuring safe working conditions and identifying hazards that exist in the work environment. When the Contractor identifies any hazardous work condition, regardless of cause, the Contractor he is responsible for protecting its employees from that hazard and correcting hazards under its control. Hazards not under the control of the Contractor, as well as all hazards that present an imminent danger, must be reported immediately to the CO.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any buildings located at the USMMA. It is the responsibility of the contractor to take appropriate measures in accordance with all local, state, and federal environmental and occupational safety and health laws and regulations.

SAFETY DATA SHEETS: The Contractor shall make Safety Data Sheets (SDS) available to its employees in accordance with 29 C.F.R. 1910.1200 and upon request to the COR or designee.

HAZARDOUS COMMUNCATION PLAN:

The Contractor shall develop a written Hazard Communication Plan in accordance with 29 C.F.R. 1910.1200 as part of its overall Health and Safety Program. The written plan applies to any hazardous chemical present in the area where the Contractor is working and to which the Contractor is or may be exposed to, under normal conditions of use. The plan must include the method the Contractor will use to provide other employers that shall also be exposed to the hazardous chemicals, knowledge of the locations where the Contractor’s SDSs are kept and how access by other employers can be obtained. The Contractor shall prepare and submit a hazardous materials inventory as an appendix to the BOP and Hazardous Communication Plan. This inventory shall itemize all materials by type as sold with an SDS and include approximate quantities stored or to be stored as well as the exact locations where hazardous materials are to be stored on the premises and the date the material was stored.

The inventory must be kept current and submitted annually by September 30 of each year and at the end of the Contract.

PLACE OF PERFORMANCE:

Contractor will perform the task at USMMA, 300 Steamboat Road, Kings Point, N.Y. 11024 o Jones Hall- Approximately 47000 square feet o Barry Hall- Approximately 63000 square feet

CLOSE OUT:

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

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

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

F.2 PERIOD OF PERFORMANCE

The Period of Performance shall be for 6-months. Notice to Proceed will be issued to the contractor within 5 Calendar days after award.

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. All actions must be completed in accordance with the schedule Attachment B.

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 in accordance with the Schedule in Attachment B, 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 $18,000.00 or 0.01% of the amount due for the last invoice payment scheduled (whichever is greater), 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:

(a) 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;

(b) 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;

(c) 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;

(d) 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;

(e) 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.

A. 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 http://www.login.gov/ 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

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) 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.

(3) 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.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) 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.

(c) 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

(e) 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:

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

(b) Content of invoices.

http://www.login.gov/

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

(i) Name and address of the contractor.

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

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

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

(v) 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.

(vi) 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).

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

(e) 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

G.2 CONTRACT ADMINISTRATION

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

Durba Ray

Contracting Officer U.S. Department of Transportation

Maritime Administration Office of Acquisition, MAR380 http://www.login.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/

1200 New Jersey Avenue, S.E.

Washington, DC 20590 E-mail: durba.ray@dot.gov

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

Contractor:

TBD

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 mailto:HanceD@USMMA.edu

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 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 http://www.fms.treas.gov/c570/ 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

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

Building drawings are not available for this requirement. For specification see section C- SOW.

H.11 CONSTRUCTION SITE DOCUMENTATION

Contractor shall keep all permits and other documents required to be on the job site with the Government Contracting Officer’s Representative.

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

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 52.203-13

Restrictions on Subcontractor Sales to the Government (Alt.1) Contractor Code of Business Ethics and Conduct

JUN 2020

NOV 2021

52.203-12 52.203-15

Limitation on Payments to Influence Certain Federal Transactions Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

JUN 2020

JUN 2010

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 52.204-19

Commercial and Government Entity Code Maintenance Incorporated by reference of representations and certifications

AUG 2020

DEC 2014

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.211-13 52.219-6 52.222-3

Time Extensions Notice of Total Small Business Set-Aside Convict Labor

SEP 2000

NOV…