NAVMWR-25-R-0007.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

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

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 257

R20-20 N944

5720 Integrity Drive, Bldg 457 Millington, TN 38055

NAVMWR-25-R-0007

See L-19 See Section L 3:00PM

A'Keesha Stark akeesha.r.stark.naf@us.navy.mil

25 4

2/28/2025

901 874 6680

1/29/2025

SECTION A

SOLICITATION/CONTRACT FORM

A-1. ADDITIONAL INSTRUCTIONS (MAY 2015)

A-2. DEPARTMENT OF DEFENSE INSTRUCTION (DODI) 4105.67 (DEC 2017)

A-3. FEDERAL ACQUISITION REGULATION (FAR) (MAY 2015)

A-4. PROSPECTIVE OFFERORS (MAY 2015)

SECTION A Page 1 of 2

NAVMWR-25-R-0007 Install Wave Attenuator

JBPHH, HI

A-1. ADDITIONAL INSTRUCTIONS (MAY 2015)

A. Prospective Offerors are advised to disregard all information in the following blocks and notes on the Standard Form (SF) 33:

Disregard: Provision No. 52.214-7 or 52.215-1 in block 9.

Disregard “Note: Item 12 does not apply if the solicitation includes the provisions at 52.214.16, Minimum Bid Acceptance Period” above block 12.

Disregard, Only “Clause No. 52.232-8” in Block 13, Discount for Prompt Payment.

Disregard, Block 22, “Authority for Using Other Than Full and Open Competition” in its entirety.

A-2. DEPARTMENT OF DEFENSE INSTRUCTION (DODI) 4105.67 (DEC 2017)

A. Pursuant to the provisions of Department of Defense Instruction (DoDI) 4105.67 dated 26

February 2014 with Change 2 dated 1 December 2017 the following authorities do not apply to this contract:

1. The Federal Acquisition Regulation (FAR)

2. The Department of Defense Federal Acquisition Regulations Supplement (DFAR)

3. Other DoD Component FAR Supplements

4. Chapter 137 of 10 U.S.C.

5. The Small Business Act, as amended

B. No appropriated funds of the United States are obligated, due or payable under the subsequent contract awarded as result of this solicitation.

A-3. FEDERAL ACQUISITION REGULATION (FAR) (MAY 2015)

There may be references to the FAR throughout this solicitation; however, only the specific clause or provision cited applies. In addition, the clause or provision only applies to the extent and manner in which the solicitation states. Any FAR clause or provision cited shall have the same force and effect as if it were in full text in the solicitation. Any reference to the

“Government” in applicable FAR clauses and provision as discussed above shall be construed to mean the NAFI as it applies to the solicitation and resulting contract.

A-4. PROSPECTIVE OFFERORS (MAY 2015)

“Only firms specifically included on the Source List may respond to the solicitation as a Prime

Contractor. Prime Contractors responding to the solicitation shall hold the Payment and

Performance Bonds. Lower tier contractors may not provide the bonds for the Contract.”

END OF SECTION A

SECTION A Page 2 of 2

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. PRICE SCHEDULE

CLIN DESCRIPTION LUMP SUM

AMOUNT

0001 DESIGN

All costs in connection with the design and installation of the

JBPHH Floating Wave Attenuator, as set forth herein

AA 50% DESIGN

AB 95% DESIGN

AC 100% DESIGN

0002 CONSTRUCTION

TOTAL $

B-2. TIME SCHEDULE

DAYS

0003 DESIGN

Number of calendar days after Notice to Proceed (excluding the NAFI’s review time)

AA 50% DESIGN

AB 95% DESIGN

AC 100% DESIGN

0004 CONSTRUCTION TIME

The number of calendar days after Notice to Proceed with construction

B-3. NOTES TO OFFERORS (MAR 2009)

A. No appropriated funds of the United States are obligated, due, or payable under the subsequent contract awarded as result of this solicitation.

B. The breakdown of lump sums offered in Section B shall be in sufficient detail to permit an analysis of (1) material; (2) labor; (3) equipment; (4) subcontract; and (5) overhead costs, as well as; (6) profit. Overhead and profit shall also be stated as a percentage of cost when the

Contractor’s own forces are used as well as when subcontractors’ forces are engaged. These percentages of cost may be used to form a basis for overhead and profit rates to be included in any pricing for change orders issued after award.

C. The minimum detail required will be a description of material or trade broken down by (1)

SECTION B Page 1 of 2 quantity or number of labor hours; (2) unit prices; (3) total per each description; and (4) a grand total.

D. The breakdown should be by division or by task. If by division, references to tasks shall be included in line-item description of breakdown or in a remarks column associated to each line item of the breakdown.

E. Failure to submit required information may result in proposal being determined

“unacceptable” and not receive any further consideration.

F. Project Design and Construction Schedule: In addition to completing the time above, the

Offeror shall provide with his proposal an outline of his plan for the design and construction of the project prepared in accordance with Section L-19. In preparing the schedule, the Offeror shall allow 15 days for NAFI’s review of each design submittal.

END OF SECTION B

SECTION B Page 2 of 2

SECTION C

STATEMENT OF WORK

C-1. GENERAL INFORMATION

C-2. PROJECT INFORMATION

C-3. DESIGN REQUIREMENTS

C-4. GENERAL CONSTRUCTION REQUIREMENTS

SECTION C Page 1 of 8

C-1. GENERAL INFORMATION

A. Intent: It is the intent of this Request for Proposal (RFP) to award a Design Build contract which will result in completed code compliant installation of a commercial quality wave attenuator that will function efficiently and without unreasonable failure or deficiency throughout the expected life of the facility. The design life required for the facility shall be at least 15 years. The selected Offeror’s design and construction must meet this intent. Any planned deviation from this intent which is not brought to the attention of the Contracting Officer at time of offer by separate letter will render the deviation as not a part of the contract and the Contractor shall design and construct to the intent specified above.

B. Definitions: Throughout this RFP, certain terms, abbreviations and acronyms are used. The definitions for these items are as follows:

1. ABA: Architectural Barriers Act.

2. ACOE: Army Corp of Engineers

a. Base: Naval Support Activity Hampton Roads

3. CNIC: Commander, Navy Installations Command

4. Contracting Officer (KO): The person with the authority to enter into, administer, and/or terminate contracts on behalf of the NAFI, which is party to this contract and make related determinations and findings.

5. Contractor: The person or entity who has been awarded the contract for design and construction of this project.

6. COR (Contracting Officer’s Representative): The on-site representative of the Contracting

Officer with authority to act for the Contracting Officer in areas specified by letter of designation.

7. Desirable: A feature or element that is not required in the base proposal, but adds value to the project and will enhance the facilities and/or its operation. The NAFI prefers to include this feature or element in the project if it can be provided within the established budget.

8. FEAD: The Facilities Engineering and Acquisition Division at the base (normally part of PW).

9. DOH Water: Department of Health

10. FEAD: The Facilities Engineering and Acquisition Division at the base (normally part of PW).

11. The Fund: The Non-Appropriated Fund Instrumentality of the U.S. Navy also referred to as NAF or NAFI that is a party to this Contract.

12. Government: The term will generally refer to the NAFI or Fund. The use of the term

"Government" shall not be construed to infer that appropriated funds of the United States are involved in this project. No appropriated funds of the United States shall become due, or be paid to the Contractor by reason of this contract.

13. IAP: The Installation Appearance Plan for the installation.

14. Installation: Same as “Base”.

15. MWR: Morale, Welfare, and Recreation activity at the Installation.

16. NAFI: Same as “The Fund”.

17. NOAA: National Oceanic and Atmospheric Administration.

18. Offeror/Proposer: The person or entity submitting a proposal in response to this RFP. After the contract is awarded, this term will refer to the person or entity that was awarded the contract (the

Contractor).

19. Owner: Same as “The Fund”.

20. PW or PWD: The Public Works Department at the installation.

SECTION C Page 2 of 8

21. Product: Design, completed construction, materials, systems and equipment installed in the completed facilities.

22. Provide: The term “provide” shall be understood to mean “provide complete in place;” that is, “furnish and install.”

23. UFC: Unified Facilities Criteria.

24. User/Using Agency: The MWR activity at the installation will be the ultimate user activity when the facilities are completed.

25. UL: Underwriters Laboratories.

A. Correlation and Intent.

1. Omissions in the RFP of such words and phrases as "the Offeror shall," "shall be," "shall consist of," "as indicated on the drawings," "in accordance with," "shall," "and," "the," etc., are intentional. Such words and phrases shall be supplied by implication.

2. Whenever the words "necessary," "proper," or words of like effect are used in the RFP with respect to the extent, conduct, or character of work required, they shall mean that the said work shall be carried to the extent, must be conducted in a manner, or be of a character which is "necessary" or

"proper" under the circumstances in the opinion of the Contracting Officer, and the Contracting Officer's judgment in such matters shall be considered final.

B. Validity of Information Provided:

1. Basic information maps and any other data obtained from PW, other Government sources or NAFI are provided for information only and must be verified by site investigation. The NAFI will not be responsible for erroneous data if the errors can be reasonably detected through site investigation.

a. While the sizes and materials shown for underground utilities on the attachments in Section are generally accurate, the exact location of underground systems cannot be guaranteed and shall be verified by the Contractor through site investigation.

b. Information Verification

1) Offerors shall examine the site and determine for themselves the existing conditions and general character of the site. Claims for additional costs due to conditions that could have been verified by site investigation will not be permitted.

2) Sizes, materials, and capacities of existing utility lines may be verified by site investigation or with PW through the Contracting Officer. Questions regarding design, coordination, or interpretation of RFP requirements during the proposal phase shall be directed to the Contracting Officer.

3) Questions regarding design, coordination, or interpretation of RFP requirements during the proposal phase shall be directed in writing to the Contracting Officer.

4) Arrangements for a site visit may be made in accordance with Section L, Site Visit.

Site visits should be arranged seven (7) days in advance of the intended date.

5) Infrastructure: No as-built drawings of the facility are available

6) Gas Service: N/A.

7) Potable water: N/A

8) Sanitary Sewer: N/A

9) Storm Water: N/A

10) Electricity: N/A

11) Environmental Issues: The proposed renovation meets the categorical exclusion

SECTION C Page 3 of 8

(CATEX) criteria. Site is not located in a historic district or in an archaeologically sensitive area. No further NEPA action is anticipated, at this time.

C-2. PROJECT INFORMATION

A. Project Location: The project is located on Joint Base Pearl Harbor-Hickam (JPPHH) at the Rainbow

Bay Marina, 57 Arizona Memorial Drive, Honolulu, Hawaii, just north of the Ford Island Bridge, as shown on the location map in attachment J.

B. Project Budget: The budget for the design, purchase and install of a wave attenuator as detailed herein for this project is $2,000,000.00. Proposals over this amount may not be considered.

C. Period of Performance: 360 days.

D. Project Description: This project includes all investigation, surveying, and construction necessary to design and install a wave attenuator as described herein. The project includes all demolition, relocation, temporary construction and restoration necessary to produce a complete and useable facility. The project includes installing a new floating wave attenuator system that is approximately 300 feet long and securing it to the ocean floor in the configuration noted herein. The work includes, but is not limited to the following:

1. Design of Wave Attenuator

a. Site Development: There is not landside site development work required. The project has received approval from all authorities as referenced in Section J.

b. The work includes developing the detailed engineering, shop drawings and specifications for the floating wave attenuation systems, auger piles, mooring systems (chains, cables, etc) signage, and all related appurtenances and elements as well as specifying construction techniques in accordance with all requirements governing Rainbow Bay Marina JBPHH, Hawaii for certain components of the construction work such as anchoring operations for a complete and usable floating wave attenuation system.

2. Purchase and Installation of Wave Attenuator

a. The new wave attenuator shall be a “whisper wave” product (or equal) and secured to the ocean bottom as required. Reference Attachment Section, Wave Attenuator Layout.

b. The attenuation system shall be able to withstand the greater of; waves at least 4’ high or as called for in the wind wave analysis.

c. Anchorage to the sea bottom (encl 3c) shall be provided and installed in sufficient size, quantity and spacing to resist the environmental loads listed in the wind wave analysis. The connective ties that connect the floating wave attenuator to the anchors shall be as recommended by the manufacturer and able to withstand the forces listed in the wind wave analysis (encl 3d). They shall be of an appropriate material, that is elastic in nature (i.e. Sea Flex or equal) or rigid (i.e. chains or cables).

d. No utilities are to be installed in or extended to the wave attenuator system.

e. Solar-powered LED lights to mark the location of the floating wave attenuator shall be installed as required by applicable law.

f. Four mooring balls shall be installed an accordance with Marine spacing standards to allow mooring of vessels up to 50’ in length.

SECTION C Page 4 of 8

C-3. DESIGN REQUIREMENTS

A. The project shall be designed and constructed in accordance with the applicable codes, standards, design parameters or regulations noted in this section or other sections of the Request for Proposals

(RFP). In case of conflict between codes, standards, or regulations, the most stringent requirement shall apply.

B. Codes, Standards, and Permits: Following, are applicable, but not necessarily all-inclusive, codes, standards, and permits relative to the site development of this project. Under circumstances where applicable codes or standards conflict, the most stringent shall apply. The latest code or standard as adopted by the Authority Having Jurisdiction (AHJ) shall prevail.

Description/Usage: Site Development

General Site

Development:

▪ UFC 1-300: Series (Geotechnical)

▪ UFC 4-150-03 (Moorings)

▪ Base Installation Appearance Plan (IAP) is provided.

1. Wind Load

a. Wind loads shall be based on the requirements set forth in UFC 3-301-01 Structural

Engineering, for Risk Category II for the project location.

b. Design and construct system to resist a lateral horizontal wind loading based on a design basic wind velocity of 115 mph, 3-second gust wind speed at 33 feet above open water from any direction acting on all above-water profile of the system and boat surfaces assuming one hundred percent (100%) boat occupancy.

c. Design and construct system to resist a lateral horizontal wind loading based on a design basic wind velocity of 115 mph, 3-second gust wind speed at 33 feet above open water from any direction on all above water profile of the system and boat surfaces assuming zero percent (0%) boat occupancy (no boats moored). The 115 mph, 3-second gust wind speed above open water, listed in this section corresponds to a Category 2 hurricane wind event.

d. Check wind loads for both parallel and perpendicular directions to the main piers.

2. Dynamic Wave Load

a. The system shall be designed to sustain the storm design conditions for a 115 mph design wind speed (namely, 115 mph design basic wind speed, 3-second gust at 33 feet above open water per UFC 3-

301-01).

b.Certain components of the pier system may be designed for attenuated wave heights based on established computational methods.

3. Storm Surge; the new structure including the floating pier system and its components shall be designed to withstand a 100-year storm surge event.

4. Seismic Load; Design and construct anchorage system in accordance with the seismic requirements listed in UFC 1-200-01.

5. Connectors: Connectors shall be able to withstand a three thousand pound (3,000-lb) minimum load applied to the full connector.

SECTION C Page 5 of 8

a. All walers and timber framing shall be pressure treated lumber in accordance with the requirements of AWPC C1, AWPA C2 and AWPA C18.

b. All metals exposed to the environment, including anchor bolts, shall be hot dip galvanized after fabrication in accordance with ASTM 123, or stainless steel, unless otherwise specified herein.

C-4. GENERAL CONSTRUCTION REQUIREMENTS

A. The Contractor shall implement the following Best Management Practices (BMP) during the installation of the wave attenuator to minimize impacts to the project and associated species:

1. The Contractor shall provide a qualified protected species observer (PSO) to monitor the before and 15 minutes into construction activities to ensure no protected species are within the Project no-start/shutdown zone. Pile driving may commence once the PSO has declared the no-start/shutdown zone to be clear of protected species, marine mammals, and turtles.

2. All work will be performed during daylight hours to minimize the amount of artificial lighting required to perform construction operations, to reduce chance of vessel collision or fuel spill, and to allow for maximum visual conditions for the PSO.

3. All project equipment will be inspected prior to beginning work each day to ensure the equipment is in good working condition, and there are no contaminant leaks; if equipment is found to be leaking contaminants, it will be removed from service until it is repaired.

4. All project-related materials and equipment that will be placed in the water will be cleaned of pollutants prior to use to prevent pollutants from being introduced into the marine environment.

5. Fueling of project-related vehicles and equipment shall be performed away from the water to prevent spills.

6. During refueling, sorbent material shall be placed under the receiving tank, and close-by avenues for spilled fuel to flow into the bay will be blocked with sorbent material to minimize oil spill potential.

7. If a spill does occur, oil spill kits that contain sorbent pads and a deployable containment boom sufficient to recover the maximum spill will be stored on-site.

8. Should any endangered species enter the area work will be stopped until the endangered animal has left the project area on its own accord.

9. All outdoor lights shall be fully shielded so the bulb can only be seen from below bulb height, and lights will be turned off when not in use to minimize impacts to seabirds that may be attracted to artificial lighting, as suggested by the Hawaii Department of Land and Natural Resources (DLNR, HI, 2016).

10. Tall woody plants (>15 feet) in the project area shall not be disturbed, removed, or trimmed during the project to minimize impacts to the Hawaiian hoary bat.

SECTION C Page 6 of 8

11. Depressions that capture standing water shall be avoided to discourage attracting

Hawaiian Stilts.

12. No project-related materials shall be stockpiled in the water or on beach habitats.

13. All project -related debris removed from the site shall be disposed of at an approved upland disposal site.

B. The Contractor shall implement the following Conservation Measures (CM) during the installation of the wave attenuator, so the proposed activities are avoided, minimized, offset for or otherwise mitigated:

1. Ensure that all work activities avoid physical contact with corals, particularly those along the bulkhead near any existing dock footprint.

2. Ensure that any work platforms are oriented to minimize shading by allowing for the path of the sun to cross perpendicular (e.g. in a north-south orientation) to the length of the platform to reduce the duration of shading. This will allow light into the areas under barges and work platforms.

3. Prior to mobilizing, ensure all construction equipment, ballast, and vessel hulls do not pose a risk of introducing new invasive species and will not increase abundance of those invasive species present at the project location.

4. Prior to mobilizing, contractor shall include a minimum 8 hours diving under the entire footprint of the wave attenuator to identify any debris in the area of construction. The contractor is to submit a dive plan prior to proceeding with the dive.

C. Special Conditions

1. This project will be awarded as a Design Build project. The Design/Build Contractor entity shall bear full responsibility for development of the final facilities, architectural/engineering designs and construction of complete and usable facilities. The Design/Build Contractor’s architect/engineer shall be

“the Architect/Engineer of Record” and as such, shall bear full responsibility for the design and construction Quality Control.

2. Construction on certain project segments may be authorized prior to completion of design, provided that the Contracting Officer considers that design of the segment of construction to be started is sufficient to permit the construction start and all required permits have been obtained.

3. The adjacent streets shall always remain open during construction. Short-term closings of one-half of a street for utility trenching will be permitted. Coordinate closings through the COR 14 days prior to the required date.

4. Acceptable work hours for construction are Monday through Friday, 7:00 am through 4:30 pm excluding federal holidays. If the Contractor desires to work outside of regular working hours, or on a

Saturday, Sunday or Holiday, he/she shall submit a written application to the COR at least 15 days in advance. The Contracting Officer Representative (COR) will return their approval or disapproval to the contractor within 7 calendar days.

SECTION C Page 7 of 8

5. Hurricane/Typhoon Condition of Readiness: JBPHH may be subject to typhoons at various times during the year. The Contractor shall comply with the following requirements for hurricane/typhoon readiness unless specifically directed otherwise by the Contracting Officer Representative.

a. Condition FOUR: (Sustained winds of 50 knots or greater expected within 72 hours): Normal daily job site cleanup and good housekeeping practices. Collect and store in piles or containers all scrap lumber, waste material, and rubbish for removal and disposal at the close of each workday. Maintain the construction site at the close of each workday. Maintain the construction site including storage areas, free of accumulation of debris. Stack form lumber in neat piles less than 4 feet high. Remove all debris, trash, or objects that could become missile hazards. Contact the COR for readiness update and completion of required action.

b. Condition THREE: (Sustained winds of 50 knots or greater expected within 48 hours):

Maintain “Condition Four” requirements and commence securing operations as necessary for “Condition

TWO” which cannot be completed within 18 hours. Cease all routine activities that might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing buildings. Review requirements pertaining to “Condition TWO” and continue action as necessary to attain “Condition THREE” readiness. Contact the COR for weather and readiness updates and completion of required action.

c. Condition TWO: (Sustained winds of 50 knots or greater expected within 24 hours): Curtail or cease routine activities until securing operation is complete. Reinforce or remove formwork and scaffolding. Secure machinery, tools, equipment, materials, or remove from the job site. Expend every effort to clear all missile hazards and loose equipment from project site. Secure the job site and leave

Government premises.

D. Permits

1. The NAFI has obtained approvals through ACOE, NOAA, DOH Water, and NAVFAC

Environmental; however, the Contractor shall obtain and pay for all permits required by authorities having jurisdiction. The Architect/Engineer of Record shall certify completion of construction for all permits prior to final acceptance.

a. The Contractor shall prepare and submit the applications for all permits and required close-out documentation to the COR who will submit them to the applicable Base agencies.

b. Close-out documentation shall be submitted as soon as the permitted systems have been constructed.

2. Base Permits: Obtain base permits for utility outages, excavation and “heat producing” or “spark generating” work prior to beginning these activities. Coordinate these permits through the COR with PW and the Base Fire Department. There will be no charge for these permits. Processing may take up to 30 days.

3. NPDES: National Pollution Discharge Elimination System –If a SWPPP is required for this project, the Contractor shall prepare the application for an NPDES permit for the project including a Storm Water Pollution

Prevention Plan in compliance with the local Water Management District.

4. The Contractor shall be responsible for compliance with all permit requirements. As-built drawings required by the permits will be in addition to all others generated by the proposed contract. The

Contractor shall submit close-out documentation for each permit as required by the issuing authority and obtain acceptance of that documentation prior to final acceptance of the project and final payment by the

NAFI.

SECTION C Page 8 of 8

SECTION D

PACKAGING AND MARKING

D-2. SUBMITTALS (MAR 2021)

SECTION D Page 1 of 3

D-2. SUBMITTALS (MAR 2021)

A. General: Existing requirements for submittal formats and content are addressed herein.

1. Marking & Shipping: All submittals shall be marked with the project name (identified by installation and project) and the contract number (#). Submittals shall be shipped in complete packages unless authorized in advance by the Contracting Officer.

2. Document Requirements: The Contractor is required to submit the documents in electronic formats (virus free Compact Disk (CD)) and hard copy formats. All documents submitted shall become the property of the NAFI and will not be returned to the Contractor.

These documents shall be prepared, organized, and submitted on a Master Data Disc in the following formats, as applicable to the contract. Hard copies shall be assembled in bound packages appropriately tabbed (or with cover sheets) and sequential page numbered for easy identification of sections and subsections of the documents.

a. “SPECIFICATIONS”: For all submittals, provide all specification sections in separate files in the current release of editable Microsoft Word (.docx) format. The Cover Sheet and Table of Contents shall also be provided as separate (.docx) files. Specifications shall be provided in 3-ring binders when hard copy formats are required. The information shall be in 8

1/2” x 11” three-ring binders with durable plastic covers with the words “Specifications” and the name and address of the project, Contractor, and architect/engineer(s) neatly and permanently marked on the cover when hard copy formats are required.

b. “DRAWINGS”: For all submittals provide all drawings in separate files for each drawing sheet in the most current release of AutoCAD (.dwg) format and in PDF format. All other CDs shall be bookmarked in PDF format. Drawings shall be half-size (11” x 17”) sets unless otherwise specified. All drawings and design calculations of the Contractor shall be affixed with the registration stamp (seal) of the professional consultant responsible for the applicable design such as architectural, civil, structural, mechanical, electrical and fire protection engineering, and landscape architect, as applicable.

c. “SHOP/CONCEPT DRAWINGS, BUBBLE DIAGRAMS, PHOTOS”: For all submittals, provide all drawings/diagrams/photos as separate files for each drawing/diagram/photo in PDF format. Progress Photos shall be submitted on Compact Disk in a compressed format which may be readily extracted for other uses by the NAFI.

d. “OPERATION AND MAINTENANCE (O&M) DATA, SYSTEM

DEMONSTRATION (DEMO)”: For all submittals provide all O&M Data and System Demo in PDF format. The information shall be in 8 1/2” x 11” three-ring binders with durable plastic covers with the words “Operation and Maintenance Manual” and the name and address of the project, Contractor, and architect/engineer(s) neatly and permanently marked on the cover when hard copy formats are required.

e. “MISCELLANEOUS”: For all submittals, all other project documents shall be submitted in editable MS Word (.docx), editable MS Excel (.xlsx) or pdf file formats.

3. Submittal Matrix

a. The Contractor shall provide submittal packages in accordance with the matrix below.

Packages shall be shipped directly to reviewers.

SECTION D Page 2 of 3

Reviewers

Execution

Package

Design

Submittals

O&M Data, Warranties &

System Demo

As-Builts &

Progress Photos

Inventory of Installed

Equipment, Schedule of

Values & DD Form 1354

Contracting Officer 1 & 1-CD 1 & 1-CD 1 & 1-CD 1 & 1-CD 1 & 1-CD

Project Manager 1 Electronic 1 Electronic 1 Electronic 1 Electronic N/A

COR 1 & 1-CD 1 & 1-CD 1 & 1-CD 1 full size & 1- CD 1

Base POC N/A 1 & 1-CD 1 & 1-CD 1 & 1-CD N/A

Total 2 HC, 1

EC & 2

CD

3 HC, 1 EC,

& 3 CD

3 HC, 1 EC,

& 3 CD

2 HC, 1 FS HC, 1

EC, & 3-CD

1 HC & 1-CD

b. Execution Package: The Contractor shall submit within 14 days of award a project execution package. The execution package shall include the project specific area use plan (H-6.

Contractor’s Area Use Plan), written safety plan (H-14. Safety), progress schedule (H-24.

Contractor-Prepared Progress Schedule), Quality Management Plan (H-26. Contractor Quality

Control and Quality Assurance) and environmental protection (H-33. Environmental Protection).

c. Video Training: Video all training sessions and give to COR and Contracting

Officer as a part of system demonstration documentation.

END OF SECTION D

SECTION D Page 3 of 3

SECTION E

INSPECTION AND ACCEPTANCE

E-1. INSPECTION OF CONSTRUCTION (MAR 2009)

E-2. PRE-FINAL AND FINAL INSPECTION (MAR 2009)

SECTION E Page 1 of 4

E-1. INSPECTION OF CONSTRUCTION (MAR 2009)

A. Definition. "Work" includes, but is not limited to materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under this contract conforms to contract requirements. The contractor shall maintain complete inspection records and make them available to the NAFI. All work shall be conducted under the general direction of the Contracting Officer and is subject to

NAFI inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. NAFI inspections and tests are for the sole benefit of the NAFI and do not:

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the NAFI after acceptance of the completed work under paragraph I below.

D. The presence or absence of a NAFI or Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonable needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The NAFI may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The NAFI shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the NAFI not to conform to contract requirements, unless in the public interest the NAFI consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the NAFI may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the NAFI decides to examine already completed work by moving it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material for such effort. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

SECTION E Page 2 of 4

Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the NAFI shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the NAFI's rights under any warranty or guarantee.

E-2. PRE-FINAL AND FINAL INSPECTION (MAR 2009)

A. Pre-Final Inspection:

1. In addition to the requirements in Section E-1 above, the Contracting Officer or his authorized representative and technical representatives will jointly conduct a pre-final inspection prior to a final inspection of the facility.

2. The Contractor shall notify the Contracting Officer in writing when the entire project has been inspected by his design team and the project is ready for the Contracting Officer or his authorized representative to conduct a pre-final inspection. With this notification, the Contractor shall prepare and submit a list of items to be corrected or completed.

3. Upon completion of the pre-final inspection, the Contracting Officer will transmit a punch list report to the Contractor listing discrepancies requiring correction or completion and establishing a date for the final inspection. Upon receipt of this punch list, the Contractor shall within seven (7) days advise the Contracting Officer of any questions that he or any of his subcontractors may have concerning the requirements of the report.

B. Final Inspection:

1. When all pre-final inspection discrepancies have been corrected, the Contractor shall submit a written request for final inspection to the Contracting Officer at least fourteen (14) days before the desired date of inspection.

2. The Contracting Officer or his authorized representative will conduct the final inspection with his Technical Representative(s), the Contractor, and any needed subcontractor to determine whether the project can be finally accepted upon written notice from the Contractor that the re-inspection punch list items are complete.

C. Re-Inspection:

1. If, upon the first re-inspection, it is found that punch list items or other discrepancies are not sufficiently complete that the Project can be finally accepted, the Contractor shall be responsible for the NAFI’s costs for additional technical services for preparation of a new punch list and any subsequent re-inspection prior to final acceptance. The NAFI’s costs for additional services will be charged to the Contractor through an appropriate change order to recover

SECTION E Page 3 of 4 applicable reimbursable expenses for activities involved in the re-inspection (this includes, but is not limited to, A/E expenses incurred by the NAFI).

2. Upon written notice from the Contractor that the re-inspection punch list items are complete, the Contracting Officer or his authorized representative will conduct the final inspection to verify that the discrepancies have been completed and determine whether the project can be finally accepted.

END OF SECTION E

SECTION E Page 4 of 4

SECTION F

DELIVERIES OR PERFORMANCE

F-1. COMPLETION TIME (MAR 2009)

F-3. PERFORMANCE EVALUATION OF THE CONTRACTOR (MAR 2009)

F-5. LIQUIDATED DAMAGES - CONSTRUCTION (APR 2016)

F-9. SUSPENSION OF WORK (MAR 2009)

SECTION F Page 1 of 3

F-1. COMPLETION TIME (MAR 2009)

The Contractor shall complete the work within the proposed time periods as outlined in Section

B of the Contractor’s Proposal as accepted and agreed to by the NAFI.

F-3. PERFORMANCE EVALUATION OF THE CONTRACTOR (MAR 2009)

A. At a minimum, the Contractor’s performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the NAFI.

B. The Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of

Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, in the overall rating, prior to completing the evaluation, and any overall comments will be made a part of the official record.

F-5. LIQUIDATED DAMAGES - CONSTRUCTION (APR 2016)

A. If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the NAFI in the amount of $290.00 for each calendar day of delay until the work is completed or accepted.

B. If the NAFI 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.

F-9. SUSPENSION OF WORK (MAR 2009)

A. The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the NAFI.

B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified) an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

C. A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and

SECTION F Page 2 of 3

(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date the final payment under the contract.

END OF SECTION F

SECTION F Page 3 of 3

SECTION G

CONTRACT ADMINISTRATION DATA

G-1. ADDRESS FOR CORRESPONDENCE (MAR 2009)

G-2. INVOICES AND PAYMENTS (MAR 2009) – Alternate I

G-3. CONTRACT ADMINISTRATION (MAY 2015) – Alternate I

G-4. MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (APR

2016)

G-5. EFT VENDOR PAYMENT ENROLLMENT FORM (APR 2016)

G-6. CONTRACTING OFFICER’S REPRESENTATIVE DESIGNATION (MAR 2012)

G-7. RETAINAGE STATEMENT - CONSTRUCTION (MAR 2012)

G-8. INSTALLATION POINT OF CONTACT (POC) (JUL 2015)

SECTION G Page 1 of 6

G-1. ADDRESS FOR CORRESPONDENCE (MAR 2009)

A. Contractor is requested to indicate below the address to which correspondence should be mailed, if such address is different from the one shown on page one (SF33) of this contract.

Name:

Street Address:

City, State, Zip:

Area Code, Telephone Number:

G-2. INVOICES AND PAYMENTS (MAR 2009) – Alternate I

A. Progress payments to the Contractor are authorized on a monthly basis in accordance with

Section I, Contract Clause I-74, entitled Payments under Fixed-Price Construction Contracts.

The Contractor shall submit the following itemized applications for payment, using AIA Form

G-702 and G-703 or equivalent.

1. The original of all invoices shall be furnished to the below address. Payment will be made based on receipt to the below addressee only and copies provided to others in this section will not be considered as an acceptance date. Actual payment for all invoices will be made by the

Resource Manager

a. Commander Navy Installations Command

Facilities and Construction Contracting Branch N948

Attn: CNIC N948 Aaron Lewis

5720 Integrity Drive Bldg 457

Millington, TN 38055

Commercial: (901) 874-6669

FAX: (901) 874-6824

E-mail: R20-20_-_Install_Floating_Wave_Attenuator.98_Pay_ Apps@docs-gc2.e-builder.net

b. Or via commercial carrier, (i.e. other than U.S. Postal Services)

CNIC, Financial Management

Attn: Resource Manager (N948)

7736 Kitty Hawk Ave., Lassen Bldg. 457

Millington, TN 38055-6560

Comm: 901-874-6669

2. One electronic copy shall be furnished to the Contracting Officer.

Akeesha Stark, Contracting Officer

CNIC, Facilities and Construction Contracting

5720 Integrity Drive

Millington, TN 38055

E-mail: Akeesha.R.Stark.NAF@us.navy.mil

SECTION G Page 2 of 6

3. One electronic copy shall be furnished to the Project Manager.

Glenn Griggs – Supervisory Architect

CNIC, Facilities and Construction Contracting

5720 Integrity Drive, Lassen Bldg. 457

Millington, TN 38055

Email: jimmy.g.griggs2.naf@us.navy.mil

G-3. CONTRACT ADMINISTRATION (MAY 2015) – Alternate I

A. Contracting Officer: This contract will be administered by a Contracting Officer assigned to the Commander, Navy Installations Command, N944.

B. Contracting Officer’s Authority: The Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, said authority remains solely with the Contracting

Officer. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The name and address of the Contracting Officer is as follows:

Akeesha Stark, Contracting Officer

CNIC, Facilities and Construction Contracting

5720 Integrity Drive

Millington, TN 38055

E-mail: Akeesha.R.Stark.NAF@us.navy.mil

C. Installation Points of Contact: The Contracting Officer may designate one (1) or more

Installation Points of Contact (POC) for the purpose of receipt of supplies delivered and accepted or services rendered and accepted under this contract. No inspector or POC is authorized to change the terms and conditions of this contract or any provision of the specifications nor shall the presence or absence of an inspector or POC relieve the Contractor from any requirements of the contract.

G-4. MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (APR

2016)

A. Method of Payment. All payments by the NAFI under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (b) of this clause.

B. Exceptions to the EFT are as follows:

1. Contracts awarded to companies located OCONUS

2. Contracts denominated or paid in other than U.S. currency

3. Contracts executed by any Contracting Officer in the course of emergency operations, e.g., responses to natural disaster or national or civil emergencies

SECTION G Page 3 of 6

C. Waiver. The payment office may waive payment by EFT under the following situations:

1. Infrequently used Contractors. The payment office will make a determination, at its own discretion, whether or not to use EFT to pay infrequently used Contractors. Generally, this will apply only to those Contractors paid no more than once a year.

2. Advance checks for Entertainers. Entertainers may be paid by check when the

Contracting Officer determines this to be the most appropriate method of payment.

D. Mandatory submission of Contractor’s EFT information

1. The Contractor shall provide the payment office with information required to make payment by EFT.

2. Any changes to the Contractor’s original information, to include the closure of account, must be provided to the payment office at least 30 days prior to the effective date of payment.

E. Mechanisms for EFT payment. The NAFI may make payments by EFT through the

Automated Clearing House (ACH) network, subject to the rules of the National Automated

Clearing House Association.

F. Suspension of payment

1. The NAFI is not required to make any payment under this contract until after receipt by the designated office of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.