RFQ 6923G523Q1368.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G523Q1368

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/22/2023

PAGE OF PAGES

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2023‐N‐P‐1368

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7 Great Lakes St. Lawrence Seaway Development Corporation Contracting Office 180 Andrews Street Massena, New York 13662

9. FOR INFORMATION

CALL: ► A. NAME

Chora Snyder, Contracting Officer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(315) 764‐3206

SOLICITATION

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

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

Project: Furnish all plant, labor, equipment, materials, and performing all work for pavement improvements at the Corporations Maintenance/Marine Base facility located in Massena, New York. Work includes, but is not limited to, installation of newly paved areas, mill and top of existing paved areas.

This acquisition is solicited as a 100% Small Business Set‐Aside: NAICS code 237310, Highway, Street, and Bridge Construction, Size standard ‐ $45,000,000.00.

In accordance with FAR 36.204, the magnitude of this construction project is between $100,000.00 and $250,000.00.

This acquisition will be awarded in accordance with FAR Part 13, Simplified Acquisition Procedures (SAP). Offerors must be registered in the System for Award Management (www.SAM.gov).

Site Visit: 29 August 2023, 9:00am EST: See FAR 52.236‐27; Site Visit (Construction).

Questions due: 31 August 2023, 2:00pm EST. Email to: chora.snyder@dot.gov

Offers due: 06 September 2023, 2:00pm EST. Email only to: chora.snyder@dot.gov

Performance (SF25) and Payment (SF25a) bonds are required ten (10) calendar days after award.

11. The Contractor shall begin performance within 10 calendar days and complete within thirty (30) calendar days after receiving the notice to proceed.

This performance period is mandatory, negotiable. (See FAR 52.211‐10)

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

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

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Offerors shall submit proposals in accordance with Part IV, Section L, Instructions. Conditions and Notices to Offerors. Failure to provide the required information may deem an offerors proposal non‐responsive.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

See Item 14

CODE FACILITY CODE

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

AMOUNTS ►

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Great Lakes St. Lawrence Seaway Development Corporation Finance Office 180 Andrews Street Massena, New York 13662

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD ( Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

31C. DATE

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM – TABLE OF CONTENTS 1 – 3

B SUPPLIES OR SERVICES AND PRICES/COSTS 4 – 4

C DESCRIPTION/SPECS/WORK STATEMENT 5 – 10

D PACKAGING AND MARKING 11

E INSPECTION AND ACCEPTANCE 12

F DELIVERIES OR PERFORMANCE 13‐14

G CONTRACT ADMINISTRATION DATA 15‐17

H SPECIAL CONTRACT REQUIREMENTS 18 ‐ 19

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 20 ‐ 24

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 25

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 26 – 29

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 29 ‐ 31

M EVALUATION OFFERS FOR AWARD 32‐33

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

The contractor shall furnish all plant, labor, equipment, and materials required to perform the work in accordance with the SOW:

Item No. Description Quantity Unit Unit Price Total Price

0001 Mobilization/Demobilization:

Furnish all plant, labor equipment, materials, and perform the work to mobilize and demobilize.

1 Lump Sum $ $

0002 Paving Area 1 (Paint Shop):

Furnish all plant, labor, equipment, materials, and perform the work to pave this area per SOW.

1 Lump Sum $ $

0003 Paving Area 2 (Sanitary Sampling

Manhole): Furnish all plant, labor, equipment, materials, and perform the work to pave this area per

SOW.

1 Lump Sum $ $

Grand Total $

NOTE TO OFFERORS:

1. The offeror shall provide pricing for all line items to be considered responsive.

2. The offeror shall provide past performance questionnaires (PPQs) for no more than two (2) of the most relevant contracts, which is same or similar in nature, size and complexity to the services being procured under this solicitation.

3. A preliminary project schedule showing the times for starting and completing the salient features of the project.

Signature Date

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT SPECIAL

PROVISIONS

C.1. DESCRIPTION OF WORK.

The Great Lakes St. Lawrence Seaway Development Corporation (GLS) is issuing a Request for Quote (RFQ) for pavement improvements at the GLS Maintenance/Marine Base Facility location, located at 251 Fregoe Road, Massena, NY 13662.

C.2. SCOPE OF WORK / OBJECTIVES

GLS is issuing an RFQ for pavement improvements at the GLS Marine Base / Maintenance Facility location, located at 251 Fregoe Road, Massena, NY 13662

The project specifications are comprised of these special provisions which provide a basic description of the various tasks compromising the project and together with the technical provisions, contract drawings, reference drawings, approved submittals and referenced publications, codes and standards form the contract requirements for the project. The specifications and drawings, and pertinent attachments are being furnished to the Contractor in the solicitation.

C.3. WORK SITE REQUIREMENTS.

a. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, uncertainties of weather or similar physical conditions at the site, the conformation and conditions of the ground and structures, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he/she has satisfied himself/herself as to the character, quality and quantity of surface and subsurface materials or interference from existing structures or related facilities to be encountered insofar as this information is reasonably ascertainable from an inspection of the site as well as from information presented by the contract and reference drawings and these specifications.

If the Contractor fails to properly acquaint himself/herself with the available information and existing work site conditions, he/she will not be relieved from responsibility for properly estimating the cost of successfully performing the work or for proceeding to successfully perform the work without additional expense to the Corporation. The Contractor shall be responsible for performing all work in strict accordance with applicable Corporation and Occupational Safety and Health Administration (OSHA) safety and health requirements. The Contractor shall also comply with Corporation lock‐out/tag out requirements and furnish his/her own locks for this purpose.

b. Utilities. The Contractor shall be responsible for providing and maintaining, at his/her own expense, any utilities required for the performance of the work.

c. Potable Water. Any potable water required shall be provided by the Contractor at his/her own expense. River water is available as a non‐potable water source.

d. Sanitation. The Contractor shall provide chemical toilets within his/her work areas, which shall comply fully with the New

York State Department of Health Standards. The capacity of the toilet facilities shall be sufficient to provide for the needs of the Contractor’s people and all waste material from the toilets shall be properly disposed of away from the site. The Contractor shall be responsible for keeping his/her work areas clean of refuse of any kind daily and shall dispose of all refuse off the sites.

e. Air. The Contractor shall be responsible for providing and maintaining all compressed air required for the performance of the work.

f. Electricity. All temporary wiring and extension cords shall be properly sized and conform to applicable provisions of OSHA, the National Electrical Code and the National Fire Prevention Association codes.

g. Fuel. On‐site, temporary fuel storage will not be allowed unless the method of storage is approved in writing by the COR.

All fuel storage shall be provided with secondary containment to prevent accidental spills from entering the surrounding environment. The Contractor shall provide spill kits and other measures needed to meet regulatory requirements.

h. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the Contracting Officer’s Representative (COR). Vehicles required to transport equipment and materials to and from the work site shall not be parked at the work site for long periods of time without the prior approval of the COR.

i. Work Areas. The work sites required by this contract include the areas in the vicinities of the GLS Maintenance/Marine Base.

j. Restricted Areas. The Contractor shall be required to confine his/her operations to the work area as designated in the previous subparagraph. The adjacent access roads, parking areas and buildings, except as required to perform required work, shall be kept free of the Contractor’s personnel, materials, and equipment.

k. Lighting. The Contractor will be required to provide illumination for his/her operations where necessary to meet the minimum requirements of OSHA and provide adequate lighting for performance of the work, inspection, and testing. All lighting shall be of a type and design for safe operation in the atmosphere where proposed for use.

l. Communications. The Contractor shall provide mobile cellular telephone or other communications capabilities at all times during the work, so that the Corporation can contact the Contractor’s responsible on‐site representative. Before the start of the work, the Contractor shall submit a list of representatives and other pertinent contact persons in charge of the work, as well as emergency telephone numbers where it will be possible to reach responsible personnel outside of normal work hours.

m. Existing Conditions and/or Existing Features. The paved areas are traveled by Corporation personnel, contractor personnel and the general public and must be maintained in a passable state (i.e. a minimum of one lane) during the project. Areas adjacent to the work areas shall be free of personnel, materials, and equipment. The Contractor shall install barriers around and/or clearly mark areas that would present hazards to people walking or driving in those areas, as approved by the COR.

Where surface indications of buried utilities are visible, the approximate locations are shown on the contract or reference drawings. The Contractor is advised that there are buried utilities in addition to those indicated on the drawings and the Contractor shall use care during excavation to avoid disturbing all buried utilities. The Contractor must notify the COR a minimum of four (4) business days prior to any excavation taking place such that a Corporation Dig Permit may be provided.

The Contractor shall also be responsible for making an underground facilities location request through the Dig Safely New York program prior to any excavation or underground work. Any buried utilities that will be impacted by the Contractor's work shall be located by hand digging so as not to damage them. Any buried utility damaged by the Contractor shall be repaired at his/her expense.

n. Equipment. The Contractor shall be responsible for providing all equipment required to perform the work, consistent with the requirements of the Technical Provisions.

C.5. LAYOUT OF WORK.

a. The Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, range markers, or other guides as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades shown on the contract drawings or as may be established or indicated by the COR. It shall be the responsibility of the Contractor to maintain and preserve all controls established by the COR until authorized to remove them. All elevations on the drawings are based on the 1935 United States Lake Survey (USLS) Datum or other datum as may be noted on the individual drawing.

C.6. PLANT.

a. The Contractor will furnish all plant to meet the requirements of the work. The Contractor‐furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work. The plant shall be subject to the inspection of the COR at all times. The Contractor shall indicate the minimum plant, which he/she agrees to place on the job in the "Statement of Plant", Section K. The listing of such equipment is not to be construed as an agreement on the part of the Corporation that the equipment is adequate for the performance of the work.

C.7. DISPOSAL OF WASTE AND SPOIL.

General.

Any waste material (except for excavated soils, asphalt pavement and concrete removed by the Contractor and unused fresh concrete) to be spoiled in the prosecution of the work shall be removed from the work site by the Contractor and disposed at his/her own expense in strict accordance with all applicable Federal, State and Local laws and regulations, the Contractor’s Solid and Hazardous Waste Management Plan and these provisions. The Contractor may spoil clean excavated soils, asphalt pavement and concrete removed by the Contractor, unused fresh concrete, and concrete truck washout on Corporation property at an area which will be designated by the COR.

a. Description.

The Contractor shall bear all costs and responsibilities associated with any waste generated including handling, testing/characterization, containerizing, labeling, transportation, recycling, treatment, or disposal including obtaining, completing, and monitoring each manifest.

The Contractor shall divert or recycle a minimum of 50% of the non‐hazardous solid waste and C&D waste materials generated by the work and document these activities in accordance with the Contractor’s Solid and Hazardous Waste Management Plan. If the Contractor is unable to meet the 50% goal, then the Contractor shall notify the COR and provide documentation of efforts made to divert or recycle the waste materials. Documentation shall include a list of contacts made with potential recycle firms, results of those communications and related correspondence.

b. Submittals.

Contractor shall submit a Solid and Hazardous Waste Management Plan for all wastes anticipated by the Contractor during the work.

The Contractor shall maintain a record of nonhazardous solid waste and C&D waste generated during the work by type and weight of waste materials diverted, recycled, or sent to landfills. The Contractor shall supply completed shipping manifests and final disposition certificates for all hazardous wastes shipped from the work site in accordance with the plan and applicable regulatory requirements.

The Contractor shall designate a site Environmental Representative, responsible for compliance with this Paragraph and related regulatory compliance.

c. Handling and Documentation.

The Contractor shall not store hazardous waste at the work site in a manner as to create a regulated storage facility. All hazardous waste shall be managed in accordance with applicable Federal, State, and local laws and regulations. All containers shall be properly located and labeled including contents and first date of accumulation. The Contractor’s Environmental Representative shall ensure that analysis certificates are obtained from an accredited laboratory, in the case where a characterization of the waste is required. The Contractor’s Environmental Representative shall obtain a recycled, treatment or disposal certificate issued by the final destination facility for all wastes. The Contractor shall maintain documentation of all waste materials generated and removed from the work site in such a manner as to enable the Corporation to trace the material from its point of origin to its final disposition and location.

d. Transportation.

The Contractor shall utilize a properly licensed, permitted, and insured transporter for transportation of hazardous waste or special waste generated during the work. The Contractor shall supply the COR with the intended transporter(s) names and license/permit scheduled by the Contractor to transport these materials. This information shall be submitted to the COR prior to any shipments.

e. Recycling, Treatment and Disposal.

The Contractor shall utilize waste recycling, treatment and/or disposal firms and facilities that possess the proper licenses, permits and insurance for recycling, treatment and/or disposal of the anticipated wastes generated by the work. The Contractor shall supply the COR with the names and license or permit numbers of the firm(s) as well as the designated facility information of the intended recipient of the wastes, including transfer facilities, up to and including final disposition. This information shall be submitted to the COR prior to any shipments.

C.8. DISPOSAL BY BURNING.

a. Burning of waste will not be permitted.

USE OF EXPLOSIVES.

a. Blasting with explosives will not be permitted.

C.9. HEALTH AND SAFETY.

The Williams‐Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in 29 CFR 1926/1910, where applicable, shall govern this contract. Special hazards related to this project include falls, slipping, hypothermia, overhead loads, proximity to water (drowning), and heavy equipment. Before cutting or drilling existing concrete in the lock walls, the Contractor shall first investigate the areas to determine the locations of buried utilities, facilities or objects that could be disturbed by the activity. Refer to the reference drawings for assumed locations of subsurface utilities, facilities, and objects. The Contractor shall follow lock‐ out‐tag‐out (LOTO) procedures and shall furnish their own locks and tags for any operating equipment that might affect the work areas. The Contractor shall provide OSHA compliant first aid and rescue equipment and/or personnel for use in treating and evacuating injured personnel from the work area. The generation of airborne dust shall be minimized. Internal combustion engine exhaust shall not be discharged into interior spaces but shall be vented to the outside. The Contractor shall also provide stairways, scaffolds, or other means for their employees to access the work areas. The stairways or other access means shall meet applicable OSHA requirements, shall be inspected daily, and shall be maintained in a dry condition and free from ice and snow. Commercially available scaffolding systems shall have documentation and certification that they meet the criteria of OSHA. Custom built work platforms and scaffolding systems, and anchoring plans and systems for same shall bear the stamp of a New York State licensed professional engineer. The Contractor shall provide fall protection for all Contractor and Subcontractor workers. This fall protection may consist of fall protection harnesses with suitable lanyards and anchorages, and/or safety railings. Safety railings must be built to OSHA dimensional and structural strength requirements. The fall protection must meet all applicable OSHA and other requirements and shall be submitted for approval as part of the Health and Safety Plan. Prior to mobilizing on the project site, the Contractor shall submit, and obtain approval, a detailed and project specific health and safety plan for review by the Corporation.

TECHNICAL PROVISIONS

C.10. SUBMITTALS.

These specifications provide a basic description of the various tasks comprising the project. Together with the approved submittals, referenced publications, codes and standards where specifically cited and contract and reference drawings, they form the complete Technical Specifications for the project.

a. Offerors shall submit with their proposals:

1) The offeror shall provide past performance information for no more than two (2) of the most relevant contracts, which is same or similar in nature, size and complexity to the services being procured under this solicitation.

2) A preliminary project schedule showing the times for starting and completing the salient features of the project.

b. Contractor. The Contractor shall submit the following within ten calendar days of contract award:

1) A detailed progress schedule showing the order in which work is to be performed and the dates on which the Contractor contemplates starting and completing the salient features of the work including acquiring materials, plant, and equipment.

2) A schedule of values to be used by the Corporation when making progress payments which aligns with the contract items

3) Project submittals for all other materials to be utilized on the project for approval by the COR.

4) A detailed Health and Safety Plan to describe the measures to be utilized to ensure that Contractor and Corporation employees are protected/kept safe and that all aspects of the work are accomplished in accordance with OSHA, NEC, NESC and Corporation standards

5) A LOTO Plan and Procedures, and a Staging and Storage Facility Plan.

C.11. PROJECT SCHEDULE.

a. The Contractor shall submit to the Contracting Officer a schedule showing the order in which the work is to be performed and the dates on which the Contractor contemplates starting and completing the salient features of the work including acquiring materials, plant and equipment. The schedule shall be in the form of progress charts of suitable scale to indicate approximately the percentage of work scheduled by any given date during the period.

C.12. SITE RESTORATION.

a. Scope. This item comprises backfilling of any holes remaining after project completion and restoration of turf disturbed in the course of the construction activities. It also includes replacing any disturbed paving or blacktop in kind.

b. Materials.

1) Random Fill shall consist of soil from on‐site sources, but shall exclude material exceeding 4 in. in size, topsoil, organic material, and other deleterious materials as determined by the COR.

2) Topsoil shall consist of existing topsoil that has been stripped and stockpiled or topsoil from off‐site sources that have been approved by the COR.

3) Grass seed shall be a standard mix suitable for commercial applications, and shall be approved by the COR.

c. Installation.

1) Any postholes that are to be abandoned shall be backfilled and the surface restored to match the surrounding existing surface. In areas with existing grass cover, fill the hole with Random Fill to within 6 in. of the surface, surface with topsoil, and apply grass seed and mulch. All backfill shall be placed in 4” lifts and tamped in the hole using a suitable tamper.

2) Seeding shall be performed at all locations designated by the COR where the existing grass cover has been disturbed. A minimum of 6 in. of topsoil shall be placed, followed by the grass seed and mulch. The seeding shall be performed in accordance with the seed supplier’s recommendations. The grass cover shall be established to the satisfaction of the COR

3) Paving shall be restored with the same quality materials at the same depths or thicknesses to match what was disturbed.

C.13. Access and Operating at Corporation Facilities.

1) Access. Access to the work sites shall be through Corporation property, roads, and facilities. Only the Contractor's authorized personnel and traffic will be allowed to enter the work areas.

2) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites which do not unreasonably interfere with the work required under this contract. The Contractor shall protect from damage all existing improvements and utilities at or near the work sites, and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

3) Staging and Storage Area. The Contractor's use of Corporation property for storage of materials, parking of trailers, employee parking, and other uses, shall be as shown on the drawings. If no area is designated, the Contractor shall submit a Staging and Storage Facility Plan to the Corporation for approval prior to mobilizing to the site. The COR will approve this plan provided it does not unreasonably impact Corporation activities and operations. The Contractor shall restrict staging operations to the designated staging areas.

4) Snow Removal. The Contractor shall be responsible for all snow removal necessary to maintain the Contractor’s work sites.

Snowplowing and sanding will be provided by the Corporation for roadway access to the work sites. However, it must be expected that at times of sudden, unpredictable and/or heavy snowstorms, the snow removal may be delayed. Any additional snow removal or sanding of roadways, as deemed necessary by the Contractor, to maintain his/her work schedule will be by and at the expense of the Contractor.

5) Use of Corporation Facilities. Except as otherwise authorized in writing by the COR, the Contractor shall not use Corporation telephones, restrooms, break rooms, or other facilities provided for Corporation employees.

Clean Up. The Contractor shall always keep the work areas, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Corporation. Upon completing the work, the Contractor shall leave the work areas in a clean, neat, and orderly condition satisfactory to the Contracting Officer. All waste shall be handled in accordance with EPA, DEC, and other applicable regulations or as directed by the COR.

C.14 “OR EQUAL” ITEMS.

“Or equal” items referred to in this specification means that items having physical properties and performance characteristics equal to or exceeding those of the item specified will be accepted. The physical properties and performance characteristics included for each item are not intended to be a maximum or minimum, unless so specified.

C.15 QUALITY CONTROL/ASSURANCE.

Project quality control (QC) will be the responsibility of the Contractor who shall perform such required specific QC tests and inspection tasks as are described in the QC paragraph of the appropriate technical provisions. The project quality assurance (QA) will be the responsibility of the COR or designee, who will perform various QA inspection activities and will also monitor the Contractor’s QC tests and inspections. The Contractor shall facilitate access of Corporation personnel to any and all work areas as requested and shall also provide any and all equipment and personnel necessary for this access including elevated personnel platforms, scaffolding, lifts, etc.

that are required.

C.16 ACCEPTANCE OF THE WORK. After completion of all work contracted for, the COR or designee will examine the work for final acceptance and approval by the Contracting Officer.

END OF SECTION C

PART I

SECTION D

PACKING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the Corporation’s Receiving Warehouse located at 251 Fregoe Road, Massena, NY 13662. Packaging must be labeled to include the Contractor’s name and contract number. The Contractor shall be responsible for any damaged or missing packages. Upon receipt, the Contractor shall examine all packages and make appropriate written exception for any goods not in apparent good order. The Contractor is responsible for contacting the shipping company for any damages or losses. The Corporation shall make every effort to contact the Contractor when packages arrive. The Contractor shall have large and/or heavy items (exceeding 80 lbs) delivered directly to the work site.

Warehouse hours are 7:00AM to 3:00PM on weekdays (except 7:00AM to 2:00PM on Fridays and closed on all Federal Holidays).

The Corporation reserves the right to refuse any packages that are damaged, improperly labeled, or appear suspicious.

END OF SECTION D

PART I

SECTION E

INSPECTION AND ACCEPTANCE

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not‐

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of his‐ section.

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may‐

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

END OF SECTION E

PART I

SECTION F

DELIVERIES OR PERFORMANCE

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: www.acquisition.gov/far/

52.242‐14 SUSPENSION OF WORK (APR 1984)

52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(modified as follows)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work including final cleanup of the premises no later than thirty (30) calendar days after receiving the Notice to Proceed (NTP).

52.211‐12 LIQUIDATED DAMAGES‐‐CONSTRUCTION (SEP 2000)

NA

52.228‐1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $ 3,000,000 , whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of provision)

52.236‐27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

The clauses at 52.236‐2, Differing Site Conditions, and 52.236‐3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

An organized site visit has been scheduled for—

A site visit is not required but highly recommended. In order to attend the site visit, all offerors shall email Chora Snyder at chora.snyder@dot.gov no later than 28 August 2023, 2:00PM EST. Please submit the following:

1. Company name

2. Names of individuals attending

29 August 2023, 9:00AM EST POC: Chora Snyder; email – chora.snyder@dot.gov

Participants will meet at:

GLS Maintenance/Marine Base 251 Fregoe Road Massena, NY 13662

(End of provision)

F.1. SCHEDULES FOR CONSTRUCTION CONTRACTS.

The Contractor shall prepare and submit to the Contracting Officer after award and prior to a preconstruction meeting, for approval, a copy of a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the salient features of the work (including acquiring materials, plant and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule as required, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

END OF SECTION F

PART I

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Chora Snyder, Contracting Officer, Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662‐0520, telephone number (315) 764‐3206 and e‐mail address chora.snyder@dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (Corporation).

No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

G.2. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance coverage:

(1) Workmen's Compensation Coverage: As required by applicable New York Statutes in effect as of contract award date.

(2) Comprehensive General Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

(3) Comprehensive Automotive Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident Property Damage: $50,000 each accident

b. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Corporation in such insurance shall not be effective until ten (10) days after written notice thereof to the Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in paragraph (a).

The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

G.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors 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 for the authorities and limitations of the COR under the contract. The COR will ensure that the Corporation's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

When in the opinion of the Contractor, the COR requests work outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action until the Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.

G.4. ADDITIONAL WORK

a. The Contractor shall not perform any additional work without the Contracting Officer's authorization.

b. The Contractor, in connection with any proposal he/she makes for a contract modification, shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

c. The Contracting Officer reserves the right to accomplish additional work on the basis of a negotiated fixed price when it is in the best interest of the Corporation.

G.5. REQUESTS FOR PROGRESS PAYMENTS

The Contractor shall furnish a breakdown of the total contract price, showing the amount included therein for each principal category of work, which shall substantiate the payment amount requested, in order to provide a basis for determining progress payments, in such detail as requested by the Contracting Officer.

The Government shall make progress payments monthly as the work proceeds on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract. (iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration

(3) Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that‐‐‐

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Codes; and

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name) (Title) (Date)

G.6. RELEASE OF CLAIMS

Upon completion of the work and prior to final payment, the Contractor shall furnish to the Contracting Officer a "Release of Claims," as specified in paragraph (h) of Contract Clause 52.232‐5, "Payments Under Fixed‐Price Construction Contracts," Part II, Section I, Contract Clauses.

G.7. INCORPORATION OF SECTION K BY REFERENCE

In accordance with FAR 14.201‐1(c), Part IV of the Uniform Contract Format shall not be physically included in the resulting contract, but shall be retained in the contract file. Section K, Representations, Certifications, and Other Statements of Offerors (as completed by the Contractor) shall be incorporated by reference in the contract.

G.8. COMPLIANCE WITH EXECUTIVE ORDERS

• EXECUTIVE ORDER (EO) 13043: INCREASING SEAT BELT USE IN THE UNITED STATES The contractor is encouraged to adopt and enforce on‐the‐job seat belt use policies and programs for its employees when operating company‐owned, rented, or personally owned vehicles.

G.9. The Contractor shall not in any way represent that he/she is part of the United States Government or that he/she has the authority to contract or procure supplies on the credit of the United States of America.

G.10 PROPOSAL ORDER OF PRECEDENCE

(a) The contract includes the standard contract clauses and schedules included in the Request for Quote. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc.. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform with all provisions of the contract, in the order of precedence herein. (End of special contract requirement)

END OF SECTION G

PART I

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. PERFORMANCE AND PAYMENT BONDS

52.228‐15 Performance and Payment Bonds‐ Construction

PERFORMANCE AND PAYMENT BONDS‐CONSTRUCTION (JUN 2020)

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…