USMMA_Chapel_Repairs_Solicitation-Final.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTMA91B1600005

2. TYPE OF SOLICITATION

x SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/09/2016

PAGE OF PAGES

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

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

CHAPEL REPAIRS

7. ISSUED BY CODE

00091 8. ADDRESS OFFER TO

U.S. DOT/ Maritime Administration

Office of Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

9. FOR

INFORMATION

CALL:

a. NAME

LACHELLE JOHNSON

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

202-366-2660

SOLICITATION

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

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

THE ESTIMATED MAGNITUDE FOR THIS PROJECT IS BETWEEN $250,000 AND $500,000.

THE NORTH AMERICAN INDUSTRIAL CLASSIFICATION STANDARD (NAICS) IS 236220, COMMERCIAL

AND INSTITUTIONAL BUILDING CONSTRUCTION

THE SIZE STANDARD IS 36.5 MILLION

THIS SOLICITATION IS A SET-ASIDE FOR SMALL BUSINESS CONCERNS ONLY

BIDS SHOULD BE MAILED TO THE ADDRESSE BELOW:

U.S. DOT/MARITIME ADMINISTRATION

OFFICE OF ACQUISITION (MAR-380)

1200 NEW JERSEY AVE., SE

ROOM W26-420

WASHINGTON, DC 20590

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (See FAR 52.211-10)

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:

x YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1000 (hour) local time

07/11/2016 (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 .

b. An offer guarantee x is, is not required.

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 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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.)

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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:

Continued...

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

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

26. ADMINISTERED BY CODE 00091 27. PAYMENT WILL BE MADE BY

U.S. DOT/ Maritime

Administration Office of

Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

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,

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.

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

DTMA91R1500003

PAGE OF

3 47

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Delivery: 60 Days After Award Delivery Location Code: 00095 U.S Merchant Marine Academy U.S. DOT/Maritime Administration 300 Steamboat Road Kings Point NY 11024-1699 USA

FOB: Destination

Chapel Interior Repairs

Exterior Chapel Repairs

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

Sponsored by GSA

FAR (48 CFR) 53.110

STATEMENT OF WORK

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.

SCOPE

The USMMA seeks a qualified and experienced contractor to provide labor, material, transportation, tools, equipment and supervision to perform interior and exterior repairs at the

Mariner’s Memorial Chapel. This project will include;

Exterior

Repair the main entrance granite staircase and bluestone landings.

Remove all iron handrails and replace with similar handrails.

Replace all steel frame windows (34) located on the lower level of the chapel, organ loft and the vestry with similar design.

Repair two retaining walls in rear of chapel. (approximately 14’ x 4’)

Remove asphalt walkways leading to the Prosser boat house, cultivate soil and seed.

Interior

Repairs shall be performed in the main chapel area and main entry area only.

Repair all damages to wall, ceilings and interior window shelves, trims and moldings.

Remove all air supplies and return air diffusers and clean and/or replace as necessary.

Prepare, prime and paint all interior painted surfaces matching the existing colors.

Replace Academy supplied lightbulbs in ceiling fixtures.

DELIVERABLES

1. The Contractor shall repair/reset the granite slabs and bluestone on the main entrance staircase, landings and planters. If replacement is needed, the slabs will be replaced with like material.

2. The Contractor shall remove all iron hand rails and replace with a similar handrail system. (approximately 250 Linear Feet)

3. All post connections on handrails to the ground, shall have split feet that match the look of the existing railing. Feet shall be backfilled with a non-shrink grout to ensure no water penetration is possible and sealed at the top to prevent intrusion.

4. The Contractor shall replace all steel frame windows (34) located in the lower level of the chapel, organ loft and vestry with similar windows and frames.

5. Replacement window glass may be insulated glass.

6. Replacement windows shall have the same muntin (‘lite’ configuration) as the original historic windows. Snap-in muntins shall not be permitted. See window details below.

7. The contractor shall scrape all chipped and cracked paint throughout the entire main

Chapel area and entryway area (see photos below).

8. The contractor shall remove all HVAC diffusers (approximately 24 total). Both diffusers and ductwork within reach shall be cleaned. Contractor shall store the diffusers until completion of the painting when they shall be reinstalled.

9. The contractor shall repair damaged areas in the walls throughout the main Chapel and the entryway.

10. The contractor shall prepare all designated surface areas for painting in the main

Chapel and the entryway (approximately 9500SF). (Includes walls and trim)

11. The contractor shall prime all surfaces to be painted in the main Chapel and entryway.

12. The contractor shall paint a minimum of two coats, all surfaces in the main Chapel and entryway. Color selection will match existing colors. Contractor shall provide a sample prior to the start of work and paint a test area for COR approval.

13. Contractor shall scrape existing paint from radiator covers prior to priming and painting so as not to restrict vents in size.

14. Brick facing repair and replacement on the retaining walls will be accomplished using bricks of exact size and color of existing brick (pictures are below).

15. The Contractor shall remove the asphalt paths leading to the Prosser boat house behind the Chapel. The area is to be filled with soil and seeded to blend in with the existing lawn. (approximately 2000SF)

16. Contractor shall replace light bulbs in the chapel chandeliers. The Academy will supply the new light bulbs for this task.

GENERAL

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

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

3. Maintain a work area compliant with OSHA safety standards.

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

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

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

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

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

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

10. Contractors shall be licensed, bonded and insured as mandated by federal, state and municipal regulations, to include submission of a performance, payment and bid bond.

CLOSE OUT

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

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

GOVERNMENT FURNISHED PROPERTY,

MATERIAL, EQUIPMENT OR INFORMATION.

The Academy shall provide light bulbs for the contractor to change in the chapel chandeliers.

CONSIDERATIONS

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.

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

PLACE OF PERFORMANCE

Contractor will perform the task at the Mariner’s Chapel located at the USMMA, 300 Steamboat Road, Kings Point, NY 11024

PERIOD OF PERFORMANCE

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

ACRONYMS

ANSI American National Standards Institute

ASME (Formally known as) American Society of Mechanical Engineers

ASHRAE American Society of Heating Refrigeration and Air Conditioning Engineers

CFR Code of Federal Regulations

COR Contract Officer Representative

EPA The United States Environmental Protection Agency

IEEE The Institute of Electrical and Electronics Engineers

MARAD United States Maritime Administration

NEC National Electrical Code ANSI/NFPA 70

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

NTP Notice to Proceed

USMMA Unites States Merchant Marine Academy.

DRAWINGS, PICTURES AND SPECIFICATIONS

Existing Chapel Windows

Basement Window (11 EA.) Basement Window (1 EA.)

Basement Window (2 EA.) Basement Bathroom Window (2 EA.)

Sacristy Windows (6 EA.)

INSTRUCTIONS TO BIDDERS:

a. CONDITIONS AFFECTING THE WORK – Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, the specifications or related documents.

b. SITE VISITS - Offerors should inspect the job site prior to submitting a bid package. In this regard, offerors should note Contract Clause No. FAR 52.236-3 entitled "Site Investigation and

Conditions Affecting the Work.” (FAR 36.210). The Government has scheduled two (2 )

Site Visits for June 14, 2016, from 10:00 AM to 11:30 AM EST and June 22, 2016, from

10:00 AM to 11:30 AM EST. All attendees shall meet in at the Department of Public Works

Building on Elmridge Road at the U.S. MERCHANT MARINE ACADEMY (USMMA) located at 300 Steamboat Road, Kings Point, NY 11024. No other site visits will be scheduled or granted. If you miss the scheduled site visit please do not request an individual inspection of the site. A valid government issued identification card is required to enter the campus.

For direction-related questions on the day of the site visit, call: 516-726-5901.

c. PRE-BID SITE VISIT REGISTRATION ENCOURAGED FOR ALL POTENTIAL BIDDERS:

Potential bidders are encouraged to send an email to LaChelle.Johnson@dot.gov requesting registration for a pre-bid site visit no later than 10AM EST on June 13, 2016.

The subject of your email message shall be addressed as follows: Registration Request for Site Visit- Chapel Repairs

Please include the following information in your email:

Company

Primary Point of Contact (include title, telephone number, and email address)

Names of Participants

Number of Participants

Phone Number

Email mailto:LaChelle.Johnson@dot.gov

d. OFFERORS QUALIFICATIONS – To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding previous experience in performing comparable work, business and technical organization, financial resources, and plant available to be used in performing the work.

e. CONTRACT AND BONDS - The bidder whose Invitation for Bid is accepted will, within the time established in the proposal, furnish performance and payment bonds on Standard Forms in the amounts indicated in the Invitation for Bid. (Reference FAR 52.228-15). Reference section on Bid Bonds as well.

f. OFFEROR’S ADDRESS. Prospective bidder should indicate in the offer, the address to which correspondence should be mailed, if such address is different from that shown for the bidder.

g. AMENDMENTS PRIOR TO DATE SET FOR THE IFB- The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for receipt of Invitation for Bid (IFB). Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of Bid Packages may be postponed by such number of days as in the opinion of the issuing officer will enable bidder to revise their Bid

Package. In such cases, the amendment will include an announcement of the new date for receipt of Bid Packages.

h. BID MATERIAL – Bid forms can be obtained at no cost from the Federal Business

Opportunities (FBO) website, www.fbo.gov. Questions concerning IFB documents should be submitted in writing to LaChelle Johnson, Contract Specialist, via e-mail at

LaChelle.Johnson@dot.gov.

i. NOTICE – The following bond information is provided:

(1) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.

(2) PAYMENT BONDS. Pursuant to FAR clause 52.228-15, the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of award.

(3) BID BONDS are required on this solicitation.

(4) INSURANCE. Insurance shall conform to FAR 28.310 and FAR 52.228-5.

http://www.fbo.gov/ mailto:LaChelle.Johnson@dot.gov.

j. BID DOCUMENTS:

The following documents must be submitted with your Bid in duplicate (One Original

& One copy of the original document):

- SF 1442, Solicitation, Offer and Award;

- Bid Bond (One original document);

- Bid Schedule;

- Representations and Certifications

- All Amendments must be acknowledged (if any);

- Cage Code; and

- Duns Number.

k. TYPE OF CONTRACT:

From this IFB, the Government intends to award one firm-fixed price contract. The IFB documents for this procurement will be posted on the FBO website. You can access these files from the website at www.fbo.gov.

It is, and will continue to be, all potential bidders responsibility to monitor the FBO website for any amendments, updates, responses to questions and answers, etc. as the Government will not be maintaining a mailing list. Any communications regarding this procurement must be made in writing and forwarded via email or facsimile and must identify the IFB number, company name, address, email address, phone number including area code, facsimile, number, and point of contact. Bidders must be successfully registered in the System for

Award Management (www.SAM.gov ) to receive a Government contract award. The government reserves the right to not award to any vendor not registered in the System for

Award Management (SAM) at the time of award.

l. WHERE TO SUBMIT:

Bidders shall submit/mail sealed proposal packages to LaChelle Johnson at the address listed below:

Point of Contact

LaChelle Johnson

Contract Specialist

Academy & Infrastructure Support

Office of Acquisition (MAR-380)

DOT/Maritime Administration

1200 New Jersey Avenue, SE

W26-420; 2nd Floor

Washington, DC 20590

Work: (202) 366-2660

Fax: (202) 366-3237 LaChelle.Johnson@dot.gov http://www.fbo.gov/ http://www.sam.gov/ mailto:LaChelle.Johnson@dot.gov

Secondary Point of Contact

Judy Bowers Contracting Officer

Academy and Infrastructure Support

Office of Acquisition (MAR-380)

DOT/Maritime Administration

1200 New Jersey Ave, SE

W26-418; 2 n d

Floor

Washington DC 20590

202-366-1913 (Office)

202-366-3237 (Fax)

Judy.Bowers@dot.gov

Please be advised that Hand delivery is acceptable; also, be advised that IFB’s, amendments or modification received by Facsimile will not be considered.

mailto:Judy.Bowers@dot.gov

AWARD:

The Government intends to award to the lowest bidder who is found to be responsive and responsible. Award will be made as a whole to one bidder.

Bids must be received no later than 10:00AM EST by the closing date of July 11, 2016

The procurement is set-aside for Small Business. Only bids submitted by Small Business will be accepted by the Government. Any bid that is submitted by a bidder that is not

Small Business will not be considered for award

Any questions may be submitted by email to: lachelle.johnson@dot.gov

Bids will be accepted from Small Business concerns under NAICS Code 236220 and the Size Standards in millions of dollars is $36.5

SOLICITATION PROVISIONS:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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): http://farsite.hill.af.mil and https://acquisition.gov/far/

52.207-1 Notice of Standard Competition MAY 2006

52.209-5 Certification Regarding Responsibility Matters APR 2010

52.209-7 Information Regarding Responsibility Matters Jul 2013

52.214-3 Amendments to Invitations for Bids DEC 1989

52.214-4 False Statements in Bids APR 1984

52.214-5 Submission of Bids MAR 1997

52.214-6 Explanation to Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission of Offers in the English Language APR 1991

52.214-35 Submission of Offers in U.S. Currency APR 1991

52.219-28 Post-Award Small Business Program Representation JUL 2013

52.222-15 Certification of Eligibility MAY 2014

52.232-13 Notice of Progress Payments APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with Offer JUL 2013

52.236-27 Site Visit (Construction) FEB 1995 mailto:lachelle.johnson@dot.gov http://farsite.hill.af.mil/

SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 -- Annual Representations and Certifications (Dec 2014)

(a)

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

(2) The small business size standard is $36.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the

Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

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

(iv) 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.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic

Corporations— Representation.

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

(vii) 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.

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

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.

(x) 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.

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

Opportunity.

(xii) 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.

(xiii) 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 items.

(xiv) 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.

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

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

(xvii) 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

$79,507, the provision with its Alternate II applies.

(D) ) If the acquisition value is $79,507 or more but is less than

$100,000, the provision with its Alternate III applies.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan-- Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

(xxi) 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 certifications are applicable as indicated by the Contracting

Officer: [Contracting Officer check as appropriate.]

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

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for

Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered

Material Content for EPA-Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted

Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the

SAM Web site accessed through www.SAM.gov. After reviewing the SAM database 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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Priced Construction contract resulting from this solicitation.

(End of provision)

52.219-2 Equal Low Bids (Oct 1995)

(a) This provision applies to small business concerns only.

(b) The bidder’s status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in http://www.sam.gov/ accordance with the obligations of an LSA concern.

52.225-10 -- Notice of Buy American Requirement—Construction Materials. (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,”

“domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials”

(Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the

Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR

52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form

1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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 $500,000.00, 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.

52.236-27 -- Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) The schedule visit is scheduled to take place on June 14 th and 22 nd

, 2016 from 10:00AM to

11:30AM EST at the U.S. MERCHANT MARINE ACADEMY (USMMA), located at 300

Steamboat Road, Kings Point, NY 11024

52.252-3 -- Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

NONE

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil and https://acquisition.gov/far/

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters FEB 2012

52.211-13 Time Extensions SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--

Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -Modifications -

Sealed Bidding AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed

Bidding OCT 2010 http://farsite.hill.af.mil/

52.219-6 Notice Of Total Small Business Set-Aside OCT 2014

52.219-8 Utilization of Small Business Concerns JAN 2011

52.222-3 Convict Labor JUN 2003

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999

52.222-35 Equal Opportunity for Veterans JULY 2014

52.222-36 Affirmative Action For Workers With Disabilities JULY 2014

52.222-37 Employment Reports on Veterans JULY 2014

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification AUG 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substances MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-12 Notice of Buy American Act Requirement – Construction Materials Under Trade

Agreements MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention (Nov 1991) - NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.244-6 Subcontracts for Commercial Items OCT 2014

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

TAR 1252.223-71 Accident and fire reporting (APR 2005)

TAR 1252.223-73 Seat belt use policies and programs (APR 2005)

TAR 1252.228-73 Notification of Miller Act payment bond protection (APR 2005)

TAR 1252.242-73 Contracting officer's technical representative (OCT 1994)

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 -- COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to

(a) commence work under this contract within 7 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 60 days.

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

(End of Clause)

52.211-12 LIQUIDATED DAMAGES--

CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of

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

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

(End of clause)

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

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

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a

COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the

Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for

Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(d) of this clause.

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

American statute applies and the Contracting…