IFB 70Z0G122BABCD0075_Repair Waterfront USCG Station NY.pdf

INVITATION FOR BID

SOLICITATION NUMBER: 70Z0G122BABCD0075

ISSUED: 14 JULY 2022

QUESTIONS DUE: 4 AUGUST 2022 AT 4:00 PM LOCAL TIME, WARWICK, RI

BIDS DUE: 16 AUGUST 2022 AT 2:00 PM LOCAL TIME, WARWICK, RI

FOR: REPAIR WATERFRONT, USCG STATION NEW YORK STATEN ISLAND,

RICHMOND COUNTY, NEW YORK

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 27)

a) See Section L for instructions

b) Sign and return ONE original of the entire solicitation form (see SF 1442, Section B, Section I and Section K for applicable fill-in information).

2. Before submitting your bid, please recheck the following:

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

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

c) Have you completed and signed all required documents?

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

3. Bidders offering less than 90 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Submit any QUESTIONS to the Contracting Officer via email at Sean.E.Waldron@uscg.mil not later than

04 August 2022, AT 4:00 PM LOCAL TIME, WARWICK, RI.

5. Email, telegraphic, telephonic, or facsimile bids will NOT be accepted.

6. Bid results will be available on-line at https://sam.gov

7. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Parts 5, 14, & 19.

8. Bidder shall include all APPLICABLE Federal, State, and Local taxes in their bid price. A tax exempt number will not be provided.

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

10. The Government reserves the right to cancel this solicitation, either before or after the closing date.

mailto:Sean.E.Waldron@uscg.mil

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office

(GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

mailto:OPAP@uscg.mil

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70Z0G122BABCD0075

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. Date Issued

14 JUL 2022

PAGE OF PAGES

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

51283PR220000075

6. PROJECT NO.

16148458

7. ISSUED BY CODE 51283 8. ADDRESS OFFER TO

Contracting Officer USCG Civil Engineering Unit Providence 475 Kilvert Street Suite 100 Warwick, RI 02886

USCG Civil Engineering Unit Providence Attn: Sean E. Waldron 475 Kilvert Street Suite 100 Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Sean E. Waldron Sr. Field Contracting Officer

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

401-736-1721

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):

Repair Waterfront, USCG Station New York, Staten Island, Richmond, County, New York; PSN: 16148458

Contractor shall furnish all labor, material, equipment, transportation, disposal, supervision, and incidental related work necessary to Repair Waterfront at USCG Station New York, Staten Island New York.

CAUTION TO BIDDERS: You are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve you from the responsibility for estimating properly the difficulty or cost of successfully performing the work. IMPORTANT: See Section L for site visit information.

Pursuant to FAR Part 19.5, this solicitation is issued as a 100% Total Small Business Set-aside.

Magnitude of Construction is estimated to be between $500,000 to $1,000,000. Applicable NAICS Code is 237990 – Other Heavy and Civil Engineering Construction, with a Small Business Size Standard of $39.5 Million. The Product Service Code is Z2PZ.

BIDDER SHALL INCLUDE ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES IN THEIR BID PRICE.

A tax exempt number will not be provided.

11. The contractor shall begin performance within 10 calendar days and complete the work within (See Section F) calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable

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

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

YES NO

12B. CALENDAR DAYS

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 P.M. (hour) local time 8/16/2022 (date). If this is a sealed bid solicitation, offers must 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 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 90 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)

70Z0G122BABCD0075MM

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO./FAX NO. (Include area code)

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

TIN NO. __________________ UEI NO:___________________

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 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.)

AMOUNTS

Total Lump Sum Bid (Items 0001 through 0004): ___________________________________________

(BIDDERS SHALL COMPLETE AND SUBMIT PRICING SCHEDULE PROVIDED IN SECTION B WITH THEIR BID)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT 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

2022|0610000A002222DD|G020G015G000|30200ENGST|UCGILC543P|2540

09|61000000|52100COMPX|22PROJEXEC |000000|000000|000000|000000|0|0|0|0

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 USC 2304I ( ) 41 USC USC 253I ( )

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

USCG Civil Engineering Unit Providence Attn: Sean E. Waldron, Sr. Field Contracting Officer 475 Kilvert Street Suite 100 Warwick, RI 02886

(401) 736-1785

COMMANDING OFFICER (0324)

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324 For payment inquiries, call (757) 523-6940

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, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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)

Sean E. Waldron, Sr. Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 (Rev. 4-85)

Solicitation #: 70Z0G122BABCD0075 Contract #:

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 1-2

X | B | SUPPLIES OR SERVICES AND PRICES/COSTS 4-5

X | C | DESCRIPTION/SPECS/WORK STATEMENT 6

| D | PACKAGING AND MARKING 6

X | E | INSPECTION AND ACCEPTANCE 6

X | F | DELIVERIES OR PERFORMANCE 6

X | G | CONTRACT ADMINISTRATION DATA 6-7

X | H | SPECIAL CONTRACT REQUIREMENTS 7-9

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 10-16

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 16

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 16-24

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 24-26

X | M |EVALUATION FACTORS FOR AWARD 27

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

Contractor shall furnish all labor, material, equipment, transportation, disposal, supervision, and incidental related work necessary to perform Repair Waterfront, USCG Station New York, Staten Island, Richmond, County, New York. Base bid item consists marginal floating docks C, D, and E, as listed below. Three (3) optional bid items consists of marginal floating docks A, B, C, D, and E guide piles (6 EA), and Boarding (Refueling) Floating Dock, as shown in the Contract Documents.

All work shall be accomplished in accordance with project Specifications Issued for Construction – MAR 2022, for PSN 16148458 (223 pages) Drawings for PSN 16148458 (16 sheets), applicable Federal and State Permits (All permits have been secured. See Appendix A of Attachment No. 1 – Specifications for PSN 16148458), and the applicable wage rates incorporated into the solicitation.

SPECIAL INSTRUCTIONS:

• Floating dock replacement and repair phasing will need to be coordinated with STA.

• Work shall be conducted such that navigation through the boat basin and entrance channel is possible at all times.

• Contractor shall complete work on one (1) floating dock at a time, unless otherwise agreed by STA NY

CO and KO.

• Miscellanous STA items located on the Floating Docks (e.g., shore ties, wire reels, etc.) will need to be temporarily relocated by the Contractor during the replacement work. Coordination with STA will be required for this work.

• Basis of Design for guide pile coating system per 09 97 13.26, COATING OF STEEL WATERFRONT STRUCTURES, Part 2.1.1

ON SITE POINT OF CONTACT:

MKCM Scott Pressimone (STA New York EPO) 10 Search Lane Staten Island, NY 10305

(718) 816-2420 Scott.E.Pressimone@uscg.mil mailto:Scott.E.Pressimone@uscg.mil

PRICING SCHEDULE (TO BE SUBMITTED WITH YOUR BID):

ITEM 00001: BASE BID

RPUID 9859, Marginal Floating Docks: Replace the existing marginal floating docks C, D, and E with new floating docks;

remove and reinstall the existing shore ties on the new floating docks; replace the shore tie electrical lines on the new floating docks; and replace multiple steel pile guide frames, steel thru-rods, timber wales, and timber rubstrips throughout the remainder of the marginal floating docks as specified and shown in the contract documents.

ITEM 00002: OPTIONAL BID ITEM 1

RPUID 9859, Marginal Floating Docks:

Install sacrificial anodes on the existing marginal floating docks A, B, C, D, and E guide piles (6 ea) as specified and shown in the Contract Documents. = $ _________________________

ITEM 00003: OPTIONAL BID ITEM 2

RPUID 9859, Marginal Floating Docks: Install sacrificial anodes on the existing marginal floating dock A, B, C, D, and E guide piles (6 ea) as specified and shown in the Contract Documents. = $ _________________________

ITEM 00004: OPTIONAL BID ITEM 3

RPUID 842140, Boarding (Refueling) Floating Dock:

Replace the plastic rubstrips and gangway rollers as specified and shown in the Contract Documents. = $ _________________________

TOTAL LUMP SUM BID PRICE: $__________________________________

(SUM OF ITEMS 00001 through 00004)

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

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

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996). This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 215 calendar days* after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

If option(s) are exercised at award the performance period (215 days) will not increase. If option(s) are exercised after award the performance period will be increased accordingly not to exceed 60 days.

F.2 FAR 52.242-14 SUSPENSION OF WORK (APR 1984). This clause is incorporated by reference.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. Note: Scanned invoices for Final Payment shall be accompanied by a fully executed Contractor’s Release, DHS Form 700-3.

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the Invoice Processing Platform (IPP) must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contracting Officer and COR at the addresses cited below:

Sr. Field Contracting Officer: Sean.E.Waldron@uscg.mil Contract Specialist: TBD

COR: David.J.Arpin@uscg.mil

G.2 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, U.S. Coast Guard, Civil Engineering Unit Providence. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer at:

USCG Civil Engineering Unit Providence Attention: Sean E. Waldron, Sr. Field Contracting Officer 475 Kilvert St. Suite 100 Warwick, RI 02886 Tel: (401) 736-1721 E-mail: Sean.E.Waldron@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage Accident Per Person Per Accident Property Comprehensive General Liability $500,000 Automobile Liability $200,000 $500,000 $20,000 mailto:Sean.E.Waldron@uscg.mil mailto:Christian.D.Reed@uscg.mil mailto:David.J.Arpin@uscg.mil

Workmen's Compensation--As required by Federal and State Law. Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et. Seq. will be required when a specific project involves operations in or on piers or waterways.

In accordance with FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the certificate of insurance shall also indicate that a 30 day notice of cancellation applies. Any cancellation or material change, adversely affecting the Government’s interest, shall not be effective until 30 days after the insurer or Contractor gives written notice to the Contracting Officer.

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

H.2 SUBCONTRACT DATA

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

H.3 MODIFICATION PROPOSALS - PRICE BREAKDOWN

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

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

(2) The request shall state how the proposed change would be incorporated into the schedule; whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the existing schedule.

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

H.4 PRICING OF ADJUSTMENTS

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

H.5 HSAR 3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG)

(DEC 2003)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime Contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

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

(c) The surety who has provided the payment bond under the prime contract is:

______________________________ (Name) ______________________________ (Street Address) ______________________________ (City, State, Zip Code) ______________________________ (Contact and Telephone No.)

H.6 GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

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

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

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

52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, which may be contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html

52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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 JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 Systems for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirement OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.209-6 Protecting the Government's Interest when Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.214-26 Audit and Records -- Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications – Sealed Bidding JUN 2020 52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding JUN 2020 52.217-7 Options for Increased Quantity – Separately Priced Line Item MAR 1989 The Government may exercise the option(s) within 60 days of award 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting SEP 2021 52.219-28 Post-Award Small Business Program Re-representation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAY 2018 http://www.acquisition.gov/comp/far/index.html

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirement FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination - Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts AUG 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.227-17 Rights in Data – Special Works DEC 2007 52.228-1 Bid Guarantee (20%, use form SF24) (Perf & Pay Bonds 100% of Award) SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work on a Government Installation JAN 1997 52.228-11 Individual Surety - Pledges of Assets FEB 2021 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 JUN 2020 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 paragraph (a)(1)(i)(A) (“30 days” in lieu of “14 days”) JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Contractors NOV 2021 52.233-1 Disputes (Alternate I) (Dec 1991) MAY 2014 52.233-3 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, & 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 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 (ALT I APR 1984) FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2022 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering - Construction OCT 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price) (ALT I SEP 1996) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

The following Homeland Security Acquisition Regulation (HSAR) clauses are also incorporated by reference:

3052.204-71 Contractor Employee Access SEP 2012 3052.205-70 Advertisements, Publicizing Awards, and Releases SEP 2012 3052.211-70 Index for Specifications DEC 2003 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003 3052.222-90 Local Hire JUN 2006

3052.22370 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits JUN 2006 3052.223-90 Accident & Fire Reporting DEC 2003 3052.228-70 Insurance DEC 2003 3052.242-72 Contracting Officer's Technical Representative DEC 2003

I.2 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

I.3 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(DHS-USCG DEVIATION 14-01 SEPT 2013)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C.

2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3. 908 of the

FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

I.4 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 item (as defined in paragraph (1) of the definition 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 https://www.acquisition.gov/far/part-2#FAR_2_101

(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 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 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-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

SECTION J

LIST OF ATTACHMENTS

1. Specifications, Repair Waterfront – Issued for Construction – MAR 2022, PSN 16148458 (223 pages)

2. Drawings, CG STA New York, Staten Island, Richmond County, New Your, 16148458, Repair Waterfront, STA NY MRG Floats (Small Boats) (16 sheets)

3. General Decision Number NY20220003 06/24/2022 (Bronx, Kings, New York, Queens and Richmond

Counties in New York)

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (MAY 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39.5 Million.

(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, 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.

(v…