QTRS K ROOF IFB - Solicitation .pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

MMAPR520723000223

MARITIME ADMINISTRATION

USMMA PROCUREMENT

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699

6923G2

AMIT NARINE 516-726-6032

x

07/14/2023

6923G223B000002

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

THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THE STATEMENT OF WORK

(SOW), DOL WAGE DETERMINATION AND OTHER PERTINENT DOCUMENTS.

READ ALL DOCUMENTS FOR THIS SOLICITATION PRIOR TO COMPLETING AND RETURNING ANY FORMS

TO THIS OFFICE. ENTER PRICE ON PAGE 2 IN BLACK INK OR TYPEWRITER AND FOR OPTIONS

PAGE 3 BLOCK F.

A BID PACKAGE THAT FAILS TO CONTAIN THE FOLLOWING MAY RESULT IN THE BID BEING

CONSIDERED NONRESPONSIVE AND, THEREFORE, NOT BEING CONSIDERED FOR AWARD:

1. ALL REQUIRED ENTRIES IN BLOCKS 14 THRU 20, BID SCHEDULE;

2. SECTION K REPS, CERTS, & STATEMENT OF BIDDERS (UNLESS INCLUDED OR COMPLETED

ELECTRONICALLY THROUGH ONLINE REPRESENTATION AND CERTIFICATION VIA AN ACTIVE SAM

REGISTRATION AT HTTPS://SAM.GOV;

3. ALL ATTACHMENTS WHICH REQUIRE FILL-IN INFORMATION. ENSURE THAT SF1442 IS

COMPLETED, SIGNED & DATED. ACKNOWLEDGE ALL AMENDMENTS IF APPLICABLE.

SEE SECTION L FOR SITE VISIT/PRE-BID CONFERENCE INFORMATION.

THE MAGNITUDE OF THE CONSTRUCTION IS $250,000 to

$500,000. THIS ACQUISITION IS RESTRICTED TO SMALL

BUSINESS ONLY. APPLICABLE NAICS IS 238160. THE

SIZE STANDARD IS $19 MILLION. BIDS FROM THOSE

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

IAW 52.211-10

08/15/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

MARITIME ADMINISTRATION

USMMA PROCUREMENT

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699

6923G2

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6923G223B000002

FIRMS NOT CONSIDERED TO BE SMALL BUSINESS WILL

BE DEEMED NON-RESPONSIVE.

Please read the solicitation in its' entirety to be fully aware of bid requirements.

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: MARAD-00095

USMERCHANT MARINE ACADEMY PROCURE

US DOTMARITIME ADMINISTRATION

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699 USA

00001 The USMMA is looking for a qualified, licensed, bonded and insured contractor to provide labor, parts, material, transportation, tools, equipment and supervision to Replacement Quarter's K Roof including historic roofing, flat roofs, balconies and storage area, approx. 6,700 square-feet.

Please refer to Attachment 1 for Statement of

Work.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation #: 6923G223B000002

INVITATION FOR BIDS

SOLICITATION NUMBER: 6923G223B000002

ISSUED: July 14, 2023

QUESTIONS DUE: July 28, 2023 at 10AM Easter Standard Time (EST)

RESPONSES TO QUESTIONS: Approximately August 1, 2023, by 5PM EST (posted to sam.gov)

BIDS DUE: August 15, 2023 at 11AM EST

FOR: The Quarter’s K Roof Replacement

IMPORTANT - NOTICE TO BIDDERS

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

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). Provide a detailed price breakdown by discipline/spec. section.

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. A copy of an SF 24 can be retrieve from https://www.gsa.gov/forms-library/bid-bond

3. Bidders offering less than 60 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Telegraphic, telephonic, or facsimile bids will NOT be accepted.

5. All information pertaining to this IFB, including pertinent changes/amendments, will be posted on-line at SAM.gov | Contract Opportunities

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

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

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

9. All bidders are required to be registered with an active status at www.SAM.gov. Accounts shall remain active for the entire performance period of the resulting contract.

https://sam.gov/content/home https://www.gsa.gov/forms-library/bid-bond https://sam.gov/content/opportunities https://sam.gov/content/opportunities https://sam.gov/content/home

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

| A | SOLICITATION/CONTRACT FORM 1

| B | SUPPLIES OR SERVICES AND PRICES/COSTS 6

| C | DESCRIPTION/SPECS/WORK STATEMENT 7

| D | PACKAGING AND MARKING 7

| E | INSPECTION AND ACCEPTANCE 7

| F | DELIVERIES OR PERFORMANCE 8

| G | CONTRACT ADMINISTRATION DATA 10

| H | SPECIAL CONTRACT REQUIREMENTS 10

PART II - CONTRACT CLAUSES

| I |CONTRACT CLAUSES 14

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

| J |LIST OF ATTACHMENTS 20

PART IV - REPRESENTATIONS AND INSTRUCTIONS

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

| K |STATEMENTS OF OFFERORS 21

| L |INST., CONDITIONS, AND NOTICES TO OFFERORS 24

| M |EVALUATION FACTORS FOR AWARD 29

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

The USMMA seeks the repair and restoration of the flagpole water fountain. The current condition of the cracks and leakage through the base lighting is causing the fountain to be in-operable.

Repair shall include repair of all cracks in cast concrete base, basin and all pedestals and platforms, including sculptures. Stain and seal entire exterior of structure with finish matching to original as close as possible. Provide new pump and lights, resurface and seal interior of structure.

All work shall be accomplished in accordance with the Statement of Work, and the applicable wage rates incorporated herein (see Section J).

Vendor shall include a proposed monthly progress payment schedule or percentage in accordance with FAR clause 52.232-5, based on the estimates of work to be accomplished per the draft project schedule.

ITEM 00001: BASE BID ITEM

Construction elements in accordance to the Statement of Work, Drawings and applicable DOL Wage Determination.

TOTAL LUMP SUM PRICE

= $HI

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.

E. Electronic Submission of Payment Requests.

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices.

For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and and authenticated via www.login.gov

(d) The following FAR section applies (32.905 Payment documentation and process). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

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

(b) Content of invoices.

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

(i) Name and address of the contractor.

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

http://www.login.gov/

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

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

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an- account-with-login.gov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number.

The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system.

Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

All work to be performed for the Residential home, Quarter’s K, near Patten Hall, located at 300 Steamboat Road, Kings Point, New York 11024-1699.

F.2 PERIOD OF PERFORMANCE

The period of performance will be 90 days from the date the Notice to Proceed (NTP) is issued to the contractor.

Work shall be performed during normal business hours of 7:00AM-4:30PM, Monday through Friday.

If the Contractor desires to work during periods other than above, the Program Manager must notify the Contracting Officer (CO) five (5) working days in advance of the intention to work during other periods to allow assignment of additional inspection forces. When the CO determines that they are reasonably available, she may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the contract amount.

http://www.login.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/

F.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.4 FAR 52.242-14 SUSPENSION OF WORK (APR 1984). This clause is incorporated by reference.

F.5 FAR 52.211-12 LIQUIDATED DAMAGES-- CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $TBD__ of the amount due for the last invoice payment scheduled (whichever is greater), for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

F.4 TAR 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

1. Project Manager

2. Trade Foreman

3. Safety and Health Officer

(End of Clause)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

All matters related to the contractual obligations, and general correspondence, shall be coordinated with and directed to the Contracting Officer and/or Contract Specialist at:

Amit S. Narine, Contract Specialist DOT/Maritime Administration U.S. Merchant Marine Academy

300 Steamboat Road

Kings Point, NY 11024

Office: (516) 726-6032 E-mail: narinea@usmma.edu

Maxmillian Diah, Contracting Officer DOT/Maritime Administration U.S. Merchant Marine Academy 300 Steamboat Road

Kings Point, NY 11024

Office: (516) 726-6152 E-mail: diahm@usmma.edu

The Contracting Officer’s Representative (COR):

Paul Buhse, Planner/Estimator

Department of Public Works

U.S. Merchant Marine Academy 300 Steamboat Road Kings Point, NY 11024 Email: BuhseP@usmma.edu

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 (1997)," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages. The contractor shall, at its own expense, provide at least the kinds and minimum amounts of insurance required below:

mailto:narinea@usmma.edu mailto:diahm@usmma.edu mailto:BuhseP@usmma.edu

Solicitation #: 6923G223B000001

Type of Accident Comprehensive

Per Person Coverage Per Accident Property

General Liability $500,000 (aggregate for bodily injury)

$150,000

Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

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 five (5) 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 15.403-1), in excess of $250,000, 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 TAR 1252.228-73 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (APR

2005)

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

The Maritime Administration promotes managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well-being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at https://epa.gov/cpg

Biobased Products are described at https://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 https://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.

https://epa.gov/cpg https://www.biopreferred.gov/ http://energystar.gov/products http://www.eere.energy.gov/femp/procurement http://www.epeat.net/ http://www.epa.gov/ozone/strathome.html https://epa.gov/watersense

H. 7 SECURITY

The contractor shall be solely responsible for the security of its materials and equipment.

H. 8 CONTRACT SPECIFICATIONS AND DRAWINGS

(a) The Government will provide to the Contractor, without charge, applicable drawings and specifications related to this requirement upon request.

(b) Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work.

H. 9 CONSTRUCTION SITE DOCUMENTATION

Contractor shall keep all permits and other documents required to be on the job site in a 3-ring binder or posted on a bulletin board within the construction area.

SECTION I

CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

https://acquisition.gov/browse/index/far

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 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 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-17 Contractor Employee Whistleblower Rights JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management. OCT 2018 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 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2020 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. NOV 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment NOV 2021 52.204–27 Prohibition on a ByteDance Covered Application JUN 2023

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 Info Regarding Responsibility Matters OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.211-13 Time Extensions SEPT 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records – Sealed Bidding Alternate I JUN 2020 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 MAR 2020 52.219-28 Post-Award Small Business Program Re-representation NOV 2020

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act – Overtime MAY 2018

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

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.228-1 Bid Guarantee (20%, use form SF24) (P/P 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 & Payment Bonds – Construction OCT 2010

52.229-3 Federal, State, and Local Taxes FEB 2013

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

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment For Construction Contracts 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 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 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) SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 2012 52.253-1 Computer Generated Forms JAN 1991

TRANSPORTATION ACQUISITION REGULATIONS (48 CFR CHAPTER) CLAUSES

TAR 1252.301 Solicitation provisions and contract clauses (matrix). The TAR matrix is not published in the CFR. It is available on the Acquisition.gov website at https://www.acquisition.gov/TAR.

1252.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (NOV 2022)

1252.204-70 CONTACTOR PERSONNEL SECURITY & AGENCY ACCESS (NOV 2022)

1252.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES -- APPLICABLE

LICENSES AND PERMITS (NOV 2022)

1252.223-71 ACCIDENT AND FIRE REPORTING (NOV 2022)

1252.223-73 SEATBELT USE POLICIES AND PROGRAM APR 2005

1252.228-72 RISK AND INDEMNITIES (NOV 2022)

1252.228-73 NOTIFICATION OF MILLER ACT PAYMENT BONDS PROTECTION

1252.232-70 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2022)

1252.232-71 LIMITATION OF GOVERNMENT’S OBLIGATION (NOV 2022)

As prescribed in (TAR) 48 CFR 1223.303, insert the following clause:

The Contractor has ___ does not have ___ all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it must obtain all requisite licenses and permits within _15_ days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

https://www.acquisition.gov/TAR

CLAUSES INCORPORATED BY FULL TEXT

I.1 FAR 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS (FEB 2021)

As prescribed in 25.1102(a), insert the following clause:

Buy American-Construction Materials (Nov 2021)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes https://www.acquisition.gov/far/part-25#FAR_25_1102 https://www.acquisition.gov/far/part-2#FAR_2_101 involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

________________________________________________[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-

(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 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 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.]

I.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the Federal Government through an Architectural and Engineering (A&E) firm.

SECTION J

LIST OF ATTACHMENTS

1. Statement of Work (SOW) for Quarter’s K Roof Replacement

2. DOL Wage Determination: Davis- Bacon Act WD # NY20230012

3. State Historical Preservation Office & National Environmental Preservation Act

4. Question & Answer Response Form

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

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

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (May 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is____238160________ [insert NAICS code].

(2) The small business size standard is __$19 Million____ [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold;

(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

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

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

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

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

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

or

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

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

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

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

(B)…