RFQ_6923G226Q000028_August_21_2026_Delano_hall_tank_removal.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

6923G226Q000028

MARITIME ADMINISTRATION

USMMA PROCUREMENT

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699

MARITIME ADMINISTRATION

USMMA PROCUREMENT

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699

9/9/2026,1400

ET

BRIAN WILEY

770-954-5976

6923G2

6923G2

DURBA RAY

562910

00001 permanently remove from service, extract, and scrap three (3) steel underground storage tanks

(USTs) containing No. 2 fuel oil, including all associated piping, wiring, components, and monitoring systems. Firm Fixed Price.

Continued...

x

8/21/2026

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Phase 1: Isolation and Fuel Product Management

Phase 2: Tank Cleaning and Excavation

Phase 3: Soil Sampling and Site Remediation

Phase 4: Backfill and Site Restoration

Solicitation #: 6923G226Q000028

REQUEST FOR QUOTATION

SOLICITATION NUMBER: 6923G226Q000028

ISSUED: August 21, 2026

QUESTIONS DUE: August 26, 2026 at 2:00 PM East Coast Time

PROPOSALS DUE: September 9, 2026 at 2:00 PM East Coast

Time PROPOSALS VALID THROUGH: December 31, 2026

NAICS Code – 562910. Total Small business set aside

FOR: Removing and Scrapping Three Steel Underground NO.2 Heating Oil Storage Tanks at Delano & O’Hara Hall 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

SECTION A

SOLICITATION/CONTRCT

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 6

X | C | DESCRIPTION/SPECS/WORK STATEMENT 7

| D | PACKAGING AND MARKING 7

| E | INSPECTION AND ACCEPTANCE 7

X | F | DELIVERIES OR PERFORMANCE 7

X | G | CONTRACT ADMINISTRATION DATA 7

X | H | SPECIAL CONTRACT REQUIREMENTS 11

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 18

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 27

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X

| K

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

|STATEMENTS OF OFFERORS

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

X | M |EVALUATION FACTORS FOR AWARD 42

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN Requirement Period of Performance US Dollars Total

00001 Base Year Removing and Scrapping Three Steel Underground NO.2 Heating Oil Storage Tanks at Delano & O’Hara Hall See SOW and attachment(s) for additional details. Firm Fixed Price

September 29, 2026-September 28, Total for the base year $ $

SECTION C

DESCRIPTION/SPECIFICATION/SOW

Removing and Scrapping Three Steel Underground NO.2 Heating Oil Storage Tanks at Delano & O’Hara Hall (SOW)

LOCATION OF WORK

Delano Hall & O’Hara Hall, located on United States Merchant Marine Academy (USMMA), 300 Steamboat Road, Kings Point, NY 11024.

1. Project Objective The Contractor shall permanently remove from service, extract, and scrap three (3) steel underground storage tanks (USTs) containing No. 2 fuel oil, including all associated piping, wiring, components, and monitoring systems.

Tank Inventory and Locations

• Delano Hall (Southern Side): Two (2) 20,000-gallon steel USTs.

• O’Hara Hall (Eastern Side): One (1) 10,000-gallon steel UST.

2. Historical Preservation Compliance

• District Status: Delano Hall and O’Hara Hall are contributing buildings within the U.S. Merchant Marine Academy (USMMA) National

Historic District (listed on the National Register of Historic Places on August 29, 2014).

• Statutory Standards: All work must strictly comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties

(36 CFR Part 68) and the Standards for Rehabilitation (36 CFR Part 67.7).

• Finishes Restoration: The Contractor shall clean, prime, and coat all interior and exterior surfaces disturbed by piping or wiring removal to match adjacent surrounding areas.

3. Regulatory and Engineering Framework

• Engineering Oversight: The Contractor shall retain a Professional Engineer (PE) or equivalent approved by the Nassau County Department of Health (NCDH) to engineer all plans and permit applications.

• Comprehensive Compliance: The Contractor shall complete all work and provide all materials required by this specification in accordance with all applicable Federal, New York State, Nassau County, and local regulations.

• Permits and Fees: The Contractor is solely responsible for procuring, scheduling, and paying for all federal, state, county, and local permits, licenses, and inspections.

• Compliance Umbrella: All execution, handling, and disposal must conform to EPA, NYSDEC, OSHA, and NCDH regulations.

• Required Documentation: Prior to starting work, copies of all mandated permits, PE-approved plans, licenses, and personnel training certificates must be submitted to the Contracting Officer’s Representative (COR).

4. Period of Performance and Scheduling

• Timeline: All work shall be completed within 60 calendar days from the date of contract award.

• Shift Work: Normal working hours are Monday through Friday, 7:00 AM – 4:00 PM. Swing and graveyard shifts are permitted.

• Advance Notifications:

o Off-Hours Work: Provide minimum 24-hour advance written notice to the COR, Department of Public Safety (DPS), and Department of Public Works (DPW).

o General Work Commencements: Schedule all distinct field activities at least 48 hours in advance with the COR, DPW, and

DPS.

o Activity Interruptions: Immediately notify DPW, DPS, and the COR of any planned or unforeseen utility or service interruptions.

• Project Timeline Submittal: At least one week prior to starting work, submit an electronic project schedule (Microsoft Office format) mapping milestones for permitting, tank isolation, removal, soil testing, and backfilling.

5. Execution Requirements

Phase 1: Isolation and Fuel Product Management

• System Lockout: Coordinate with DPW to execute a complete fuel system lockout/tagout (LOTO).

• Isolation: Drain the piping system and install hard blanks to isolate the USTs from remaining facilities.

• Fuel Analysis: Test the residual fuel oil for hazardous components, water content, sediment, and microbial growth per regulatory requirements. Provide certified analysis reports to the COR and DPS.

• Fuel Transfer, Polishing, and Disposition:

1. Coordinate with senior management of the Waterfront Operations and Training Section to determine if fuel can be recycled directly into the Kings Pointer vessel.

2. Fuel Polishing Option: If initial testing indicates the fuel fails quality standards due to water, particulate contamination, or degradation, the Contractor shall perform on-site fuel polishing or mechanical cleaning. All costs for fuel polishing, mechanical cleaning, and restoration to ASTM D396 compliance are deemed included in the Contractor's base contract price.

Following successful restoration and approval by the COR, the Contractor shall clean and transfer the stabilized fuel to the Kings Pointer or other designated Academy storage.

3. If the fuel cannot be reused on-site even after evaluating polishing options, the Contractor shall resell the product to the highest bidder (minimum of 3 competitive bids submitted to the COR prior to sale).

4. The final monetary value of the sold fuel oil shall be credited back to the Government on the final project invoice.

Phase 2: Tank Cleaning and Excavation

• Resource Operational Responsibility: The Contractor shall be responsible for providing all labor, materials, subcontractors, equipment, and disposal costs—including but not limited to tank cleaning, waste disposal, staging, and temporary lighting—required to complete all requirements of this specification.

• Hot Work Certification: Clean the tanks until a certified "safe for hot work" status is achieved. This condition must be verified via a calibrated combustible gas indicator or explosion meter to the satisfaction of the COR prior to dismantling.

• Site Demolition: Remove and legally dispose of the concrete pads and asphalt overlying the USTs.

• Excavation: Excavate the target areas to expose the tanks, piping, and conduit. Uncontaminated soil must be segregated and stockpiled for reuse as backfill.

Phase 3: Soil Sampling and Site Remediation

• Analytical Testing: Perform independent analytical soil testing at the excavation base and on stockpiled backfill soil to NCDH standards, regardless of whether a spill is suspected.

• Reporting: Submit all laboratory analytical reports to the NCDH, COR, and USMMA Environmental Protection Specialist.

• Remediation: Any required soil remediation as determined by Nassau County Department of Health shall be reported to the USMMA

COR immediately.

• Contaminated Disposal: Any contaminated materials identified by analytical testing shall be disposed of in accordance with Federal, State, and local regulations. Contaminated soil must be excavated, manifested, transported, and disposed of at an approved facility at no additional cost-incurred to the Government.

Phase 4: Backfill and Site Restoration

• Site Restoration and Liability: The Contractor shall return all work sites and surrounding areas to the exact condition in which they were found prior to the start of work. The Contractor shall assume full financial and operational responsibility for repairing or replacing any damage caused to Academy property, utilities, or vegetation during project execution.

• Backfill: Backfill excavations using the validated, uncontaminated on-site soil. Import clean, certified structural fill as needed to level the site to match surrounding grades.

• Concrete and Asphalt Restoration: The Contractor shall replace all concrete work and asphalt disturbed or removed during excavation at both locations (Delano Hall and O’Hara Hall) to brand-new, pristine conditions, matching original construction joints and specifications.

• Topsoil Quality: The final lifts of fill must be topsoil of sufficient quality to sustain grass seeding or sodding. Note: USMMA will perform the final seeding/sodding.

• Daily Housekeeping: Remove all project-generated debris from the Academy premises daily. Leave all work areas clean, neat, and ready for normal institutional operations.

6. Environmental Protection and Safety

• Site Security: Erect and maintain a rigid personnel barrier/fence around the active workspace to secure the area against midshipmen, staff, and visitors.

• Spill Prevention Plan: Submit a written Spill Prevention and Mitigation Procedure to the COR and DPS prior to mobilization.

• Drain Infrastructure Protection: Continuously protect all floor drains, storm drains, catch basins, and drainage pathways from oil ingress using Contractor-provided containment equipment (booms, mats, absorbent kits).

• Spill Reporting and Liability: Immediately report any product release to the COR, DPW, DPS. NYSDEC must also be notified (Spill

Hotline 1-800-457-7362) The Contractor maintains sole financial and legal liability for containment, cleanup, waste transport, and environmental remediation. Provide copies of all waste manifests to the Academy.

7. Contract Administration and Deliverables

• Pre-Bid Walkthrough: A mandatory onsite walkthrough will be conducted with DPW, DPS, and the COR to identify and physically mark project limits, piping runs, and monitoring system tie-ins.

• Subcontractor Oversight: The prime Contractor retains full responsibility and liability for the safety, regulatory compliance, and performance of all utilized subcontractors.

• Client Satisfaction: The 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.

• Deliverable Format: All plans, schedules, reports, permits, and closeout documents shall be delivered electronically in native Microsoft Office formats (Word, Excel, Project) or OCR-searchable PDF.

SECTION D PACKAGING AND MARKING

This section is not applicable.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)

(a)Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b)The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c)The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d)If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e)If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

a. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

b. Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

a. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

b. Terminate the contract for default.

(End of Clause)

SECTION F DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

All work will be performed at Delano Hall & O’Hara Hall, located on United States Merchant Marine Academy (USMMA), 300 Steamboat Road, Kings Point, NY 11024.

F.2 PERIOD OF PERFORMANCE

The Period of Performance shall be 60 days from TBD. May change based on the date of award. Exact date will be specified in the PO.

Notice to Proceed will be issued to the contractor within 5 Calendar days after award.

Base Period –April 01, 2027 – March 31, 2028

Work shall be performed during normal business hours of 7:00AM-4:00 PM, Monday through Friday. Swing and graveyard shifts are permitted.

Advance Notifications:

• Off-Hours Work: Provide minimum 24-hour advance written notice to the COR, Department of Public Safety (DPS), and Department of Public Works (DPW).

• General Work Commencements: Schedule all distinct field activities at least 48 hours in advance with the COR, DPW, and DPS.

• Activity Interruptions: Immediately notify DPW, DPS, and the COR of any planned or unforeseen utility or service interruptions.

• Project Timeline Submittal: At least one week prior to starting work, submit an electronic project schedule (Microsoft Office format) mapping milestones for permitting, tank isolation, removal, soil testing, and backfilling.

F.3 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 in accordance with the Schedule in Attachment B, 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 52.211-12 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 $18,000.00 or 0.01% 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.

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.

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

(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

(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

POINTS OF CONTACT

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

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 CONTRACTING OFFICER'S REPRESENTATIVE

(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):

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.

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

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

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://www.acquisition.gov/far/part-52

Clause Title Date 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

NOV 2023

52.204-09 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2025 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(Deviation) RFO April

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

OCT 2025

52.216-4 Economic Price Adjustment-Labor and Material Jan 2017

52.222-03 Convict Labor (Deviation) (RFO April 2026)

52.222-50 Combating Trafficking in Persons (Deviation) (RFO April 2026)

52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation) (RFO April 2026)

52.232-18 Availability of Funds (Apr 1984) APR 1984 52.232-19 Availability of Funds for the Next Fiscal Year APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.243-01 Changes--Fixed Price OCT 2025 52.246-4 Inspection of Services – Fixed Price AUG 1996 52.249-08 Default (Fixed-Price Supply and Service) APRIL 1984 TAR 1252.223-73 Seat Belt Use Policies and Programs APR 2005 TAR 1252.239-70 Security requirements for unclassified information technology resources APR 2005

TAR 1252.242-70 Dissemination of Information – Educational Institutions OCT 1994 TAR 1252.245-70 Government Property Reports OCT 1994 TAR 1252-242-72 Dissemination of Contract Information OCT 1994

FAR CLAUSES INCORPORATED FULL TEXT

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (Deviation) (RFO April 20, 2026)

a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.