RFQ 6923G226Q000016 May 192026.pdf

Solicitation #: 6923G226Q000016

REQUEST FOR QUOTATION

SOLICITATION NUMBER: 6923G226Q000016

ISSUED: May 19, 2026

QUESTIONS DUE: NA

PROPOSALS DUE: May 26, 2026, at 2:00 PM East Coast Time

PROPOSALS VALID THROUGH: September 30, 2026

NAICS Code –237120. Total Small business set aside

FOR: Yocum Sailing Center Fuel Dispensing System; Removal and Installation at the U.S. Merchant Marine Academy (USMMA)

IMPORTANT

Read the ENTIRE solicitation and see Section L for proposal submission instructions

1. Offerors offering less than 90 calendar days for proposal acceptance WILL NOT BE considered and WILL BE rejected.

2. Telegraphic, telephonic, or facsimile proposals will NOT be accepted.

3. All information pertaining to this RFQ, including amendments, will be posted on-line at SAM.gov.

4. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Part 19.

5. Offerors shall include all APPLICABLE Federal, State, and Local taxes in their proposal. A tax-exempt number will not be provided.

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

7. All offerors are required to be registered with an active status at SAM.gov at the time of proposal submission.

Accounts shall remain active for the entire performance period of the resulting contract.

8. Offerors shall email proposals to: usmmaproposals@dot.gov and cc durba.ray@dot.gov https://sam.gov/ https://sam.gov/ mailto:usmmaproposals@dot.gov mailto:durba.ray@dot.gov

SECTION A

SOLICITATION/CONTRA

CT FORM

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 5

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

X | C | DESCRIPTION/SPECS/WORK STATEMENT 6

| D | PACKAGING AND MARKING 12

| E | INSPECTION AND ACCEPTANCE 12

X | F | DELIVERIES OR PERFORMANCE 12

X | G | CONTRACT ADMINISTRATION DATA 13

X | H | SPECIAL CONTRACT REQUIREMENTS 16

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 20

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 38

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X

| K

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

|STATEMENTS OF OFFERORS

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 36

8X | M |EVALUATION FACTORS FOR AWARD 45

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN DESCRIPTION Quantity Unit TOTAL 0001 Remove the existing Yocum Sailing Center fuel dispensing system which includes two (2) double walled fiberglass underground storage tanks (UST), two (2) single product fuel dispensers, associated piping system between tanks and dispenser, associated electrical systems and install a new fuel dispensing system in a newly designated and approved area. See SOW and attachment(s) for additional details.

Firm Fixed Price

TOTAL $

SECTION C

DESCRIPTION/SPECIFICATION/SOW

Yocum Sailing Center Fuel Dispensing System; Removal and Installation (SOW)

LOCATION OF WORK

1.0 Yocum Sailing Center and adjacent upper parking lot, located on United States Merchant Marine Academy

(USMMA), 300 Steamboat Road, Kings Point, NY 11024 (see Figure 1 below).

Figure 1

ABSTRACT

1.0 The purpose of this work is to remove existing Yocum Sailing Center fuel dispensing system which includes two (2) double walled fiberglass (one - 2,500 gallons gasoline tank and one - 6,000 gallons diesel tank) underground storage tanks (UST); Two single product fuel dispensers, associated piping system between tanks and dispenser; and associated electrical systems.

2.0 Contractor shall then procure and install a new fuel dispensing system that includes two (2) double walled fiberglass (one - 2,500 gallons gasoline tank and one - 6,000 gallons diesel tank) underground storage tanks (UST) (located in

Existing Fuel Dispensing

System

Two Existing

Fuel Tanks the Collins Place Parking Area near Fitch Building); installation of two (2) new dual-product fuel dispensers configured with two (2) hoses – one dedicated to gasoline and the other diesel; all new piping from the new UST tanks to the equipment they serve; and all new wiring and components associated with the operation and monitoring of the tanks. One dual-product fuel dispenser shall be located on Mallory Pier, near the Salty O’Hara landing (where the current dispenser exists). The second dual-product fuel dispenser shall be located on land in the Collins Place Parking Area where the new USTs shall be installed. This dispenser shall serve land base equipment.

3.0 Contractor shall furnish all labor, supervision, materials, equipment, tools, supplies, and incidentals necessary to accomplish the following requirements, including but not limited to the tasks described herein.

All required permits and regulatory inspections required to complete work described and proper operation of all new systems.

All engineering and drawings required to permit and complete work described in this specification.

Removal of Existing Gasoline and Diesel UST’s (meets all regulatory requirements).

Removal on underground piping (meets all regulatory requirements).

Removal/demolition of existing dispensing equipment (pump island, fuel dispensers, and etc.) associated with the old system.

Repair of pier structure related to existing damage (meets all regulatory requirements) to address all criteria including but not limited to environment preservation (i.e. marine and shoreline), pedestrian safety, and regulated weight capacity for equipment (usage and storage), vehicle traffic, and additions of building structures (if needed).

Repair of surfaces (i.e. roadway) related to existing damage (meets all regulatory requirements) addressing but not limited to the incorporation of compact and asphalt to handle the required weight capacity of all utility and service vehicles (i.e. fuel tanker trucks, fire trucks, cranes). Repaired surfaces shall also meet all the requirements for safe traffic and transport.

Removal of all remaining fuels (gasoline and diesel) from the existing fuel dispensing system (meets all regulatory requirements).

The contractor shall provide temporary storage tank(s) for storing removed fuels (meets all regulatory requirements).

Electrical demolition of existing tanks, fuel dispensers and alarm systems.

Sheeting (i.e. utilizing vertical steel sheet pile barriers to provide structural support, maintain trench integrity, create waterproof barrier, and prevent potential cave-ins) and Excavation (meets all regulatory requirements).

Installation of new 6,000 gallons double wall fiberglass diesel UST (meets all regulatory requirements).

Installation of new 2,500 gallons double wall fiberglass gasoline UST (meets all regulatory requirements).

Installation of tank and pipe leak detection and alarm systems (meets all regulatory requirements).

Installation of pier mounted dual product (gasoline and diesel) fuel dispenser.

Installation of landward dual product (gasoline and diesel) fuel dispenser (supplemental CLIN item).

Installation of dispenser sumps, tank sumps, watertight manholes, etc. (meets all regulatory requirements).

Installation of concrete tank and dispenser pads and containments (meets all regulatory requirements).

Installation of all associated electrical work to ensure proper operation of tanks, fuel dispensers, alarm systems, etc.

Installation of marine fuel product dispenser (meets all regulatory requirements).

Installation of marine dispensing nozzles (meets all regulatory requirements).

Installation of reinforced hose (100ft in length and one inch inside diameter, minimum) and stainless-steel hose reels (meets all regulatory requirements).

Disposal of all obsolete equipment and materials, including, any hazardous waste created by this work (in accordance with local, state and federal requirements).

The Contractor shall perform site cleanup and restoration, including the removal and lawful disposal of all debris and waste materials generated by performance of the work, and shall repair or replace, at no additional cost to the

Government, any damage to surrounding areas, structures, utilities, or Government furnished equipment caused by Contractor operations, restoring all affected areas to their pre work condition, normal wear excepted.ADDITIONAL

WORK REQUIREMENTS

1.0 Yocum Sailing Center is a contributing building within the U.S. Merchant Marine Academy National Historic

District. The property was listed on the National Register of Historic Places on August 29, 2014. Therefore, all work shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part

68) http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf. Additionally, all work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S. Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.”

2.0 All work, including fuel system shut down and tag outs, required to complete this statement of work shall be coordinated with the USMMA Department of Public Works and the USMMA Environmental Protection Specialist.

Points of contact to be provided to the contractor upon award of contract.

3.0 Contractor shall complete all work and provide all materials required by this specification in accordance with all applicable Federal, New York State, Nassau County (Nassau County Department of Health (NCDH)), and any other local regulations.

4.0 Contractor shall be responsible for the cost of procuring and scheduling any required permits and inspections by State, County and local regulatory agencies necessary to complete this work.

PERIOD OF PERFORMANCE AND WORK SCHEDULE GUIDELINES

1.0 Start Date: To be determined (Upon USMMA Contracting Officer’s award of contract)

Completion Date: 90 days after award of contract.

2.0 Contractor may work swing and graveyard shifts throughout the contract performance period. Contractor shall notify the USMMA Contracting Officer’s Representative (USMMA COR) twenty-four (24) hours in advance of their intent to work outside normal working hours (7:30am – 15:30pm).

3.0 Prior to start of work the contractor shall provide a detailed work plan and timeline showing the contactor’s planned progression of work, including but not limited to plan development, plan approval, permitting, construction protection plan, UST tank(s) removal, fuel dispenser removal, fuel oil piping removal, soil testing (as required), back fill of tank excavation (as required), new UST tank(s) installation, new piping installation, new fuel dispenser(s) installation, electrical system installation, site restoration, start dates and completion dates, etc. This will be submitted in an electronic format, using Microsoft Office products, to the USMMA COR for approval.

GENERAL WORK REQUIREMENTS

1.0 Contractor shall provide the services of a Professional Engineer (or equal) that is acceptable to the Nassau County

Department of Health to develop all plans and permit submittals required to remove existing fuel dispensing system:

UST’s; fuel dispenser; obsolete piping systems; and tank/dispenser, electrical, arm/monitoring system, etc. As well as install new fuel dispensing system: UST’s; fuel dispenser(s); new piping system, and tank/dispenser, electrical, alarm/monitoring system, etc. All required plans shall be submitted to and approved by the Nassau County Department of Health (or other required regulatory agencies) and the USMMA COR prior to the start of any work.

Contractor shall be responsible for the submittal of all required permitting and fees to complete all work required by this specification.

2.0 Contractor shall be responsible for providing all labor, materials, subcontractors, disposal costs, permits, etc.

(including but not limited to): tank cleaning, waste disposal, staging, temporary lighting, equipment, soil testing, back fill soil, safe for entry/hot work certificates, etc. required to complete all the requirements of this specification.

3.0 Contractor shall provide any personnel barriers around the work site to ensure safety of USSMA midshipmen, staff and visitors.

4.0 Contractor shall submit in an electronic format, using Microsoft Office products, all documentation including but not limited to; required reports, design plans, discrepancies identified, and copies of permits required to accomplish the work specified to the USMMA COR and the USMMA Environmental Protection Specialist.

EXISTING FUEL DISPENSING SYSTEM REMOVAL

1.0 Prior to start of any work required to removing the existing fuel dispensing system; the Contractor shall notify the

USMMA Department of Public Works to tagout the fuel piping system, electrical and alarm system associated with this system. Contractor shall pump out all remaining fuels (gasoline and diesel) from the two existing tanks, piping and fuel dispenser to suitable temporary storage tank(s). The contractor shall store for further use in the new fuel dispensing system (see Figures 2 and 3 below).

Figure 2 USTs

Figure 3 Dual Fuel Dispenser

2.0 The contractor shall clean the existing fuel dispensing system (including tanks, piping and dispenser) until it is in a

“safe for hot work” status. Contractor shall prove this condition to the satisfaction of the USMMA COR prior to the dismantling, removal and disposal of the systems components.

3.0 The contractor shall remove the concrete pad and any asphalt in way of removals, which lies on top of the two tanks, piping and electrical system and dispose of these materials in accordance with all state and local regulations.

Contractor shall then excavate the area around the tanks and piping system as needed to remove the two tanks, saving (uncontaminated) soil to back fill the excavation area after the removal of tanks, associated piping, associated wiring and components of the existing alarm/monitoring system.

4.0 Contractor shall remove the existing UST tanks, existing fuel piping and the existing UST alarm/monitoring system

(wiring, components, conduit, etc.) and dispose of these materials in accordance with federal, state, county and local regulations. The fuel piping and alarm/monitoring system shall include those systems contained within Yocum Sailing Center. All piping and wiring shall be isolated and permanently sealed in accordance with state and Nassau County regulations.

5.0 Contractor shall remove and dispose of the dual fuel dispenser and its concrete pad as shown in Figure 3 above.

Contractor shall make any required repairs to the damaged pier structure underneath the fuel dispenser and areas disturbed by the dispenser’s removal. Upon removal and structural repairs contractor shall resurface disturbed areas to match surrounding surfaces. (See above, Abstract #3 regarding roadway repairs and/or reconstruction)

SOIL SAMPLING

1.0 The contractor shall accomplish analytical soil testing to the satisfaction of the Nassau County Department of Health, whether or not an unauthorized release has occurred from the tanks removed. All analytical testing and reporting shall be accomplished in accordance with Federal, State and local regulations. In addition, excavated soil to be reused to backfill excavation of the tanks shall be tested to ensure its suitability for reuse.

2.0 Contractor shall provide analytical result reports to all required regulators, the USMMA COR and the USMMA Environmental Protection Specialist.

3.0 Any required soil remediation as determined by Nassau County Department of Health shall be reported to the USMMA COR immediately.

4.0 Any contaminated materials identified by analytical testing shall be disposed of in accordance with Federal, State and local regulations.

COMPLETION OF EXISTING FUEL DISPENSING SYSTEM REMOVAL

1.0 After completion of the existing fuel dispensing system (UST’s, piping, etc.) removal the contractor shall back fill the excavation area starting with previously removed soil and additional soil necessary to level the excavation site to match surrounding surfaces. The additional soil shall be of sufficient quality to allow for grass seeding or sod. The contractor shall be responsible for accomplishing seeding or sodding of affected area.

2.0 Contractor shall properly address all disturbed surfaces associated with the removal of fuel oil piping and alarm/monitoring system. Disturbed areas that are painted or coated shall be cleaned, primed and coated to match the surrounding areas.

INSTALLATION OF NEW FUEL DISPENSING SYSTEM

1.0 Using the attached reference for guidance “Engineering Study For The Fuel Dispensing System At The Yocum

Sailing Dock”, the contractor shall engineer, obtain permitting, procure all new system components (including but not limited to): one - 2,500 gallon and one - 6,000 gallon double walled tanks UST(s); appropriate piping and components for gasoline and diesel supply; dual fuel dispenser for installation at pier, where effective and safe accessibility to fueling can be achieved; electrical and alarm systems required to operate and properly test the new system.

2.0 Exact locations of USTs to be installed, electrical power supply tie in to be located in Collins Place Parking Area (or in an approved area within the proposed vicinity meeting the flood elevation requirements set forth in the engineering study guidance document), placement of alarm monitoring station, and placement of the dual fuel dispenser on the pier shall be submitted to and approved by the USMMA COR prior to any plan submittal to appropriate regulatory bodies (including Nassau County Department of Health (NCDH). (See Figure 4 below).

Figure 4

3.0 Contractor shall then provide all labor and materials to install the new fuel dispensing system that meets the concept of the referenced engineering study- “Proposed Section Option, Section 3.3 New Underground Fuel Tanks in the Upper Parking Lot East of Kemp Lane” of the referenced engineering study, in accordance with all regulatory requirements.

4.0 Contractor shall provide all labor and materials to install the new underground / double wall piping and components that meets the concept of the referenced engineering study- “Proposed Section Option,3.4 New Dock Fuel Dispensing Systems” to feed/supply fuel products from the USTs (gasoline and diesel) to the new dual fuel dispenser located on the pier, in accordance with all regulatory requirements.

NOTE: “The Engineering Study For The Fuel Dispensing System At The Yocum Sailing Dock” is only meant to be a supplemental document in accordance with the work identified in this SOW. For any inquiries or clarifications, the proposed contractor must adhere to the requirements set within this SOW as the primary guidance for the project with communication and approval from USMMA.

TESTING

1.0 Contractor shall be responsible for accomplishing all required regulatory body testing for the removal of existing fuel dispensing system and components; and all testing requirements needed to initiate operation of the new fuel dispensing system and components.

2.0 All testing shall be scheduled and accomplished to the satisfaction of the USMMA COR, the USMMA Environmental Protection Specialist and all applicable regulatory bodies (including, but not limited to the Nassau County Department of Health).

Proposed USTs location (Collins Parking Lot)

SITE CLEANUP AND RESTORATION

1.0 Contractor shall be responsible for repairing, resurfacing all disturbed areas to match surrounding surfaces, related to the removal of the existing fuel dispensing system and the installation of the new fuel dispensing system.

2.0 Contractor shall be responsible for the proper disposal of all obsolete components and waste material related to existing system removals and new system installations. Hazardous material and waste shall be properly disposed of in accordance with all Federal, State, and local regulations. Documentation of all disposals shall be provided to the USMMA, USMMA COR and the Environmental Protection Specialist.

ADDITIONAL NOTES

1.0 The academy and the Waterfront operate 365 and as such disruption to the daily operation shall be limited to the best of the contractor’s abilities. The academy must be immediately notified of any service and/or activity interruptions.

Any potential unforeseen interruptions or issues must be immediately related to USMMA, USMMA COR and the Environmental Protection Specialist.

2.0 All work including but not limited to construction activities, on-site assessment(s), and document review, must be completed between normal business hours of operation (7am – 4:00pm), Monday – Friday, unless additional approval is granted by the USMMA and USMMA COR.

3.0 All work must be scheduled with the USMMA, USMMA COR and the Environmental Protection Specialist at five

(5) business days prior to commencement.

4.0 A pre-bid onsite walkthrough with USMMA, USMMA COR and the Environmental Protection Specialist will be conducted to identify and mark the proposed area where removal and installations of tanks and all piping, alarms and monitoring systems will take place. Additional onsite walkthrough(s) shall be completed at the request and/or approval of USMMA to address additional inquiries, concerns and/or updates to project scope.

5.0 Contractor will provide all mandatory permits, licenses and training certificates to conduct tank work per Federal, State and local laws and regulations including but not limited to requirements set forth by EPA, DOT, DEC, OSHA and Nassau County Department of Health. A copy of the mandated permits, licenses and training certificates will be provided to the USMMA, USMMA COR and the Environmental Protection Specialist.

6.0 Contractor must provide a written spill prevention plan or mitigation procedure to the USMMA, USMMA COR and the Environmental Protection Specialist to address potential spill hazards that may occur throughout the project. The plan and/or procedure must meet all the requirements set forth per federal, state and local laws and regulations.

7.0 Contractor must protect the environment (ex. soil and waters), floor drains, storm drains, catch basins and any other drainage system opening from potential petroleum spill at all times throughout the project. Contractor will provide their own spill response containment equipment to address minor spills.

8.0 Any potential spill that occurs at the academy must be reported immediately to the USMMA, USMMA COR and the Environmental Protection Specialist. Contractors must address all spills in accordance to all Federal, State and local laws and regulations.

9.0 Contractor shall assume full responsibility and liability for compliance with all applicable federal, state and local regulations related to any and all aspects of the project.

10. Contractor is responsible for ensuring client satisfaction throughout the duration of the project. Any discrepancies, issues and concerns identified by the client originating from the contractor will be addressed, documented and corrected in a timely manner.

NOTE: The contractor is responsible for any subcontractors that may be used for this project. Subcontractors are required to adhere to all the requirements set forth within this SOW.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING

DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov.

Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web- portal:

(a) Vendors shall have electronic internet access to register in the U.S. General Services

Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal;

(b) The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password;

(c) Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code;

(d) Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web- portal User Access Request (UAR) to include the users full name, contact phone number, work e- mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing;

(e) Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account. An e-mail will also be sent to the agency POC who initiated the UAR.

A. Definition.

Payment request, as used in this subpart, means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

B. Electronic payment requests—invoices.

(a) Requirements. Contracts shall require the electronic submission of payment requests, except for—

(1) Purchases paid for with a Governmentwide commercial purchase card;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise classified information or national security; or

(3) As directed by the contracting officer to submit payment requests by mail.

(b) Alternate procedures. Where a contract requires the electronic submission of invoices, the contracting officer may authorize alternate procedures only if the contracting officer makes a written determination that the Department of the Transportation (DOT) is unable to receive electronic payment requests or provide acceptance electronically and it is approved one level above the contracting officer.

http://www.login.gov/

For contractors/vendors who are unable to utilize DOT’s Delphi eInvoicing web-portal, waivers may be considered on a case-by-case basis. Vendors should contact the Contracting Officer’s Representative for assistance and reach out to the Accounts Payable department for review and approval.

(c) DOT electronic invoicing system. DOT utilizes the Delphi eInvoicing web portal to facilitate the electronic submission and approval of vendor invoices and certain grantee payment requests. Except as provided in paragraphs (a) and (b) of this section, contracting officers and DOT finance officials shall process electronic payment submissions through the Delphi eInvoicing web portal. If the requirement for electronic submission of payment requests is waived under paragraph (a) or paragraph

(b) of this section, the contract or alternate payment authorization, as applicable, shall specify the form and method of payment request submission.

C. Electronic authentication.

Access to Delphi eInvoicing is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via login.gov.

D. Contract clause.

Contracting officers shall insert the clause provided in Section E. below, Electronic Submission of Payment Requests, in solicitations and contracts exceeding the micro-purchase threshold, except those for which the contracting officer has directed or approved otherwise under Section B. above, and those paid with a Governmentwide commercial purchase card.

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

(a) 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

(e) 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.)

(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-logingov/.

(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

Notes: Invoices must be submitted monthly per the completion of work. No advance payment will be allowed.

G.2 CONTRACT ADMINISTRATION

All matters related to the contractual obligations, and general correspondence, shall be coordinated with and directed to the following persons:

http://einvoice.esc.gov/ http://einvoice.esc.gov/

Durba Ray Contracting Officer

U.S. Department of Transportation Maritime Administration Office of Acquisition, MAR380 1200 New Jersey Avenue, S.E.

Washington, DC 20590 E-mail: durba.ray@dot.gov

Brian Wiley Contract Specialist U.S. Department of Transportation Office of Acquisition, MAR380 1200 New Jersey Avenue, S.E.

Washington, DC 20590

E-mail: brian.wiley.ctr@dot.gov

Contractor:

TBD

G.2 TAR 1252.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (NOV 2022)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

The Contracting Officer’s Representative (COR):

TBD

Government Point of contact:

Roody S. Milord, MPH, CSP Environmental Protection Specialist Office of Environmental Compliance, MAR-410.1 USMMA Dept. of Transportation 516-726-6156 milordr@usmma.edu

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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 the 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.2 MODIFICATION PROPOSALS - PRICE BREAKDOWN

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

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

(2) The request shall state how the proposed change would be incorporated into the schedule;

whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the existing schedule.

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

H.3 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.4 BONDS, INSURANCE, AND GUARANTEES

FAR 52.228-15 Performance and Payment Bonds-Construction (JUN 2020)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds ( Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds ( Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the

Treasury, Financial

Management, Service Surety Bond

Branch, 3700 East

West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection ( 40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

H.5 REQUIREMENT FOR INSURANCE

In accordance with FAR 52.228-5, Insurance - Work on a Government Installation (JAN 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:

Type of Accident Comprehensive Per Person Coverage Per Accident Property

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

$100,000

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

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

http://www.fms.treas.gov/c570/ 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 submitted with the proposal volume I prior to the close of the RFQ.

H.6 TAR 1252.228-74 Notification of Payment Bond Protection (NOV 2022)

(a) The prime contract is subject to the Bonds statute (historically referred to as the Miller Act) (40 U.S.C. chapter 31, subchapter III), 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 Bonds statute for amounts owned for work performed and materials delivery under the prime contract.

(b) Persons believing that they have legal remedies under the Bonds statute 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 which has provided the payment bond under the prime contract is: [Contracting Officer fill-in prime contractor's surety information] (Name) (Street Address) (City, State, Zip Code) (Contact & Tel. No.)

(d) Subcontract flowdown requirements. This clause shall be flowed down to all subcontractors. Prime contractors shall insert this notice clause in all first-tier subcontracts and shall require the clause to be subsequently flowed down by all first- tier subcontractors to all their subcontractors, at any tier. This notice contains information pertaining to the surety that provided the payment bond under the prime contract and is required to be inserted in its entirety to include the information set forth in paragraph (c).

H.7 GREEN PURCHASING

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, 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 http://epa.gov/cpg Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are at http://energystar.gov/products for Energy Star products Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated Products Environmentally Preferable Computers are at http://www.epeat.net Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html Water efficient plumbing products are at http://epa.gov/watersense

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

H.8 SECURITY

http://epa.gov/cpg http://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 http://epa.gov/watersense

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

H.9 CONTRACTOR TRAINING

The Contractor shall provide a work force properly trained (and certified, if required) to perform all taskings defined within the SOW. If a tasking requires certification and/or periodic recertification, the contractor is responsible for the costs of certification and, if required, periodic recertification.

H.10 PERFORMANCE OF WORK ON GOVERNMENT PREMISES

The rules and regulations, whether in effect now or to go into effect in the future, at the premises where services are to be performed, shall apply to the Contractor and its employees while working on the premises. These regulations include, but are not limited to, presenting valid identification for entrance, smoking restrictions, obtaining and using vehicle passes for all contractor-owned and/or privately-owned vehicles, obeying posted directives, strict adherence to security and/or police directives, and safety procedures and directives.

H.11 INHERENTLY GOVERNMENTAL FUNCTIONS

Prohibition on Performing Inherently Governmental Functions - In performance of this contract, the Contractor shall not perform inherently governmental functions as defined in FAR Subpart 2.101 and prescribed in FAR Subpart 7.5. If the contractor receives a task order or other direction under the terms of the contract that it believes are inherently governmental, the contractor shall notify the CO prior to commencing work on the questioned activity.

H.12 CONTRACT SPECIFICATIONS AND DRAWINGS

Building drawings are not available for this requirement. For specification see section C- SOW.

H.13 CONSTRUCTION SITE DOCUMENTATION

Contractor shall keep all permits and other documents required to be on the job site with the Government Contracting Officer’s Representative.

SECTION I CONTRACT CLAUSES

Section I CONTRACT CLAUSES

NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations.

Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference. Feb-2098

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far.

(End of provision)

FAR CLAUSES INCORPORATED BY REFERENCE

Clause Number Clause Title Date 52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Sept 24

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-14 Display of Hotline Poster(s) Nov 2021 52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. Jan 2017

52.203-19 Prohibition on Requiring Certain Internal…