69727622R000002 MARAD BRF Guard Shack Repairs.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

MAPR616-522000020

MARITIME ADMINISTRATION

DIVISION OF GULF OPERATIONS

500 POYDRAS STREET ROOM 1223

NEW ORLEANS LA 70130-3394

697276

BRIDGET BONNECARRERE 504-589-6585

1x 07/07/2022

69727622R000002

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

MARAD Beaumont Reserve Fleet (BRF) - Composite Deck for Guard Shack Repairs

The above numbered solicitation is for the removal and replacement of the existing wooden deck, steps, ramps, and handrails of the BRF Guard Shack Ramp with an all-weather non-slip composite type material. The contractor shall also make repairs to the fiber cement siding and trim board on the façade of the Guard Shack building.

Once repairs are complete, the contractor is required to pressure wash to remove algae growth and paint the guard shack building a similar shade/color to the current color.

All questions in reference to the subject solicitation shall be received by no later than 21 July 2022 at 10:00 am CST. Responses to questions will be provided by amendment to the solicitation. All proposals in response to the solicitation shall be submitted via email to Bridget Bonnecarrere at Bridget.Bonnecarrere@dot.gov by 8

August 2022 at 10:00 AM CST.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 45 calendar days and complete it within ________________ ________________ calendar days after receiving

08/08/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

MARITIME ADMINISTRATION

DIVISION OF GULF OPERATIONS

500 POYDRAS STREET ROOM 1223

NEW ORLEANS LA 70130-3394

697276

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

69727622R000002

Delivery: 45 Days After Award

Delivery Location Code: MARAD-00093-DGO BRF

U S DOTMARTIME ADMINISTRATION

DIVISION OF GULF OPERATIONS

BEAUMONT RESERVE FLEET

2600AMOCO ROAD

BEAUMONT TX 77705 USA

00001 Composite Deck for the Beaumont Reserve Fleet

(BRF) Guard Shack

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

Sponsored by GSA

FAR (48 CFR) 53.110

U.S. D.O.T. MARAD DGO Beaumont Reserve Fleet

Composite Deck for the Beaumont Reserve Fleet (BRF) Guard Shack

Statement of Work

1. INTRODUCTION: The contractor shall remove and replace the existing wooden deck, steps, ramps, and handrails with an all-weather non-slip composite type material on the MARAD Guard Shack ramp. The contractor shall also make repairs to the fiber cement siding and trim board on the façade of the Guard Shack building. Once repairs are complete, the contractor is required to pressure wash to remove algae growth and paint the guard shack building a similar shade/color to the current color.

2. ABSTRACT: The deck is rotting and starting to collapse creating a hazard to BRF, security, and visiting personnel. The deck has two points of access. One ramp for handicap access, and one set of four-step steps. The deck area in front of the building is 14’ x 4’ and would require staying within those dimensions. The remaining deck area is approximately 12’ x 20’. Including the handicap ramp that is approximately 4’-0” in width with one incline, approximately 16’ in length. Landing on the turning landing is approximately 5’-7” x 7’-8”. The second incline reaches the deck level, is approximately 7’-10” in length and 4”– 0” in width and reaches a landing area that is approximately 8’-0” x 4’-0”. The remainder of the deck is 4’-0” in width and approximately 20’-0” in length. The backside of the deck has 4 steps, which are 33” in height (Concrete steps could be considered). The height varies from zero inches at the ramp entrance upwards to 33” at the step entrance. The 12’ x 20’ deck area can be adjusted to fit composite type martial dimension, but no less than 4’ width for ramp incline and 5’ x 8’ turning landing area. The inclines should be approximate 1:12 of the slope, with a lip approximately 1/8” in height. The existing metal lip may be recycled. The handrail for the ramp and deck area will be a height of 40” to 42” NOTE: the handrail on the front of the building is at a lower height of 37 ½” to allow line of sight from guard to vehicle operator. The contractor is required to repair all damaged exterior fiber cement siding on the guard shack building. The repair areas include approximately 6 plank siding boards and 4 trim boards. The contractor shall re-caulk and paint the guard shack building to a similar shade color to the existing color. The paint used needs to be exterior, dirt-resistant, and mildew-resistant rating.

3. SCOPE OF WORK:

3.1. The contractor shall provide/supply all-new material, except for the handicap ramp lip currently in place. It can be reused.

3.2. The contractor shall remove and dispose of all old material and end cuts of new material in a BRF-supplied refuse bin (40’ roll-off box) located on-site.

3.3. The contractor shall install all-new decks, steps, ramps, and handrails according to local building codes.

3.4. The contractor shall pressure wash building exterior side walls in a way not to damage the surface and to remove dirt and algae growth.

3.5. The contractor is to paint the building exterior complete, with a similar shade/color to the current color.

3.6. The contractor shall clean all work areas as found or cleaner before work started.

3.7. Any damage to sheetrock, trim, door, framing, shelving, flooring, paint, or exterior finish of the building is to be repaired to the condition of the building before work commenced at no cost to the Government. Any restructuring of footing, carpentry, or woodwork is the contractor’s responsibility.

3.8. The contractor shall prove all work is Free of defects and is without faults.

4. ITEM LOCATION:

4.1. LOCATION – Beaumont Reserve Fleet, 2600 Amoco Road, Beaumont, Texas 77705. Guard Shack.

5. DEFINITIONS:

5.1. NA.

6. PERFORMANCE CRITERIA/DELIVERABLES:

6.1. All material shall be new (unless otherwise specified) and construction shall be complete within 45 days of award.

6.2. Worksite is located at MARAD DGO Beaumont Reserve Fleet, 2600 Amoco Road, Beaumont, Texas, 77705.

6.3. The contractor shall perform all work within the hours of 7:30 am to 3:30 pm Monday-Thursday. 7:30 am to 2:30 pm Friday. The facility will be closed on all Federal Holidays and work shall not be performed on those days.

7. SITE VISIT:

7.1. Can be made with COR or ACOR, listed below, during the following dates 00/00/000 – 00/00/0000. From 07:30 to 1400 Monday thru Thursday.

8. POINTS OF CONTACT:

8.1. COR Jody Hoyt Electrical Supervisor. jody.hoyt@dot.gov

8.2. ACOR Joel Ducote Electrical Leaderman.

9. GOVERNMENT-FURNISHEDHED MATERIAL:

9.1. EQUIPMENT: None

9.2. MATERIALS: None

10. GOVERNMENT Supplied SERVICES:

10.1. SERVICES: Before work commences, the BRF will relocate BRF supplies stored in the vicinity of the work area.

10.2. The Government will provide an on-site roll-off container for the disposal of material/scrap resulting from this contract.

10.3. NO other service is implied.

11. GENERAL SPECIFICATION/SAFETY AND WORK REQUIREMENT::

11.1. SAFETY

11.1.1. Once awarded and before any physical work begins, a Job Hazard Analysis (JHA) will be performed by the Beaumont Reserve Fleet with all contractors present.

11.1.2. The Contractor is responsible for providing their employees and subcontractors personnel protective and safety equipment before work is started.

11.1.3. The Contractor is responsible for the cleanliness of the worksite, and cleaning and restoring all areas disturbed by the work outline in the specification(s) as the original.

11.1.4. Contractor must follow Beaumont Reserve Fleet Safety and Environmental rules. See attached.

BRF Guard Shack mailto:jody.hoyt@dot.gov

Rotate Picture above

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

PROVISIONS INCORPORATED BY REFERENCE

1. FAR 52.204‐7 System for Award Management (Oct 2018)

2. FAR 52.204‐16 Commercial and Government Entity Code Reporting (Aug 2020)

3. FAR 52.204-22 Alternate Line Item Proposal (JAN 2017)

4. FAR 52.204‐24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

5. FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

6. FAR 52.225‐10 Notice of Buy American Requirements – Construction Materials (May

2014)

7. FAR 52.236-28 Preparation of Proposals – Construction (Oct 1997)

PROVISIONS INCORPORATED BY FULL TEXT

8. FAR 52.204‐8 Annual Representations and Certifications (Jan 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service‐disabled veteran‐owned, economically disadvantaged women‐owned, or women‐owned small business set‐aside or sole‐source award regardless of dollar value.

(b) (1) If the provision at 52.204‐7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204‐7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203‐2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm‐fixed‐price contract or fixed‐price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two‐step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203‐11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203‐18, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements‐Representation. This provision applies to all solicitations.

(iv) 52.204‐3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204‐7, System for Award Management.

(v) 52.204‐5, Women‐Owned Business (Other Than Small Business). This provision applies to solicitations that‐

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204‐26, Covered Telecommunications Equipment or Services‐ Representation. This provision applies to all solicitations.

(vii) 52.209‐2, Prohibition on Contracting with Inverted Domestic

Corporations‐ Representation.

(viii) 52.209‐5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209‐11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214‐14, Place of Performance‐Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215‐6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219‐1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple‐award contract with more than one NAICS code assigned.

(xiii) 52.219‐2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222‐22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222‐26, Equal Opportunity.

(xv) 52.222‐25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222‐26, Equal Opportunity.

(xvi) 52.222‐38, Compliance with Veterans’ Employment Reporting

Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223‐1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223‐2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223‐4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223‐22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals‐ Representation. This provision applies to solicitations that include the clause at 52.204‐7.)

(xx) 52.225‐2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225‐1.

(xxi) 52.225‐4, Buy American‐Free Trade Agreements‐Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225‐3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225‐6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225‐5.

(xxiii) 52.225‐20, Prohibition on Conducting Restricted Business Operations in Sudan‐ Certification. This provision applies to all solicitations.

(xxiv) 52.225‐25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran‐Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226‐2, Historically Black College or University and Minority

Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(i) 52.204‐17, Ownership or Control of Offeror.

(ii) 52.204‐20, Predecessor of Offeror.

(iii) 52.222‐18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222‐48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐ Certification.

(v) 52.222‐52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Certification.

(vi) 52.223‐9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vii) 52.227‐6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227‐15, Representation of Limited Rights Data and Restricted Computer Software

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

9. FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

10. FAR 52.237-1 Site Visit (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

11. FAR 52.252‐1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

CLAUSES INCORPORATED BY REFERENCE:

1. FAR 52.204‐13 System for Award Management Maintenance (Oct 2018)

2. FAR 52.204‐18 Commercial and Government Entity Code Maintenance (Aug 2020)

3. FAR 52.204‐19 Incorporation by Reference of Representations and Certifications (Dec

2014)

4. FAR 52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

5. FAR 52.219‐6 Notice of Total Small Business Set Aside (Nov 2020)

6. FAR 52.219‐28 Post‐Award Small Business Program Representation (Sep 2021)

7. FAR 52.222‐6 Construction Wage Rate Requirements (Aug 2018)

8. FAR 52.222‐7 Withholding of Funds (May 2014)

9. FAR 52.222‐8 Payroll and Basic Records (Jul 2021)

10. FAR 52.222‐9 Apprentices and Trainees (Jul 2005)

11. FAR 52.222‐10 Compliance with Copeland Act Requirements (Feb 1988)

12. FAR 52.222‐11 Subcontracts (Labor Standards) (May 2014)

13. FAR 52.222‐12 Contract Termination – Debarment (May 2014)

14. FAR 52.222‐13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014)

15. FAR 52.222-15 Certification of Eligibility (May 2014)

16. FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr

2015)

17. FAR 52.222‐14 Disputes Concerning Labor Standards (Feb 1988)

18. FAR 52.222‐15 Certification of Eligibility (May 2014)

19. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

20. FAR 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

21. FAR 52.232‐5 Payments under Fixed‐Price Construction Contracts (May 2014)

22. FAR 52.236‐5 Material and Workmanship (Apr 1984)

23. FAR 52.236‐7 Permits and Responsibilities (Nov 1991)

24. FAR 52.236‐12 Cleaning Up (Apr 1984)

25. FAR 52.243-4 Changes (Jun 2007)

CLAUSES INCORPORATED BY FULL TEXT

26. FAR 52.213‐4 Terms and Conditions‐ Simplified Acquisitions (Other Than

Commercial Items) (Jan 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(iii) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(iv) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

(v) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233‐3, Protest After Award (AUG 1996) ( 31 U.S.C.3553).

(ix) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub.L.108‐77, 108‐78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply: (i) 52.232‐1, Payments (APR 1984).

(ii) 52.232‐8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232‐11, Extras (APR 1984).

(iv) 52.232‐25, Prompt Payment (JAN 2017).

(v) 52.232‐39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors

(NOV

2021).

(vii) 52.233‐1, Disputes (MAY 2014).

(viii) 52.244‐6, Subcontracts for Commercial Products and Commercial Services

(JAN

2022).

(ix) 52.253‐1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020)(Pub. L. 109‐282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro‐purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222‐20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR

22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222‐36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222‐41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C.

chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222‐50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222‐6 or 52.222‐41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706) (Applies when 52.222‐6 or 52.222‐41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223‐5, Pollution Prevention and Right‐to‐Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223‐12, Maintenance, Service, Repair, or Disposal of

Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (MAY 2020) ( 42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy‐ consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be‐

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally‐ controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223‐21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225‐1, Buy American‐Supplies (NOV 2021) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro‐purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition‐

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502‐2), and does not exceed $25,000).

(xviii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C.

1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204‐21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405‐2(b) on the date of award of this contract).

(iii) 52.211‐17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed‐ price supplies).

(iv) 52.247‐29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b.

origin).

(v) 52.247‐34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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/these address(es):

https://acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its post acceptance rights‐

(1) Within a reasonable period of 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.

(e) 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.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

27. FAR 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 45 calendar days from contract award. The time stated for completion shall include final cleanup of the premises.

*Note: The contract award will serve as notice to proceed for this contract.

28. FAR 52.225‐9 Buy American‐Construction Materials (Nov 2021)

a) Definitions. As used in this clause—

Commercially available off‐the‐shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of

“commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both‐

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

or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the

United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (dollars)*

Item 1:

Foreign construction material

(End of clause)

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

IMPORTANT INFORMATION FOR VENDORS/CONTRACTORS- Updated Invoicing Instruction

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:

1. 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;

2. 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;

3. 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.