Touchless Fixtures IFB_Final_081621.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G521B0016(R)

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/16/2019

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2021-N-P-0016

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Department of Transportation Great Lakes St Lawrence Seaway Development Corporation Attn: Contracting Office 180 Andrews Street Massena, New York 13662

U.S. Department of Transportation Great Lakes St Lawrence Seaway Development Corporation Contracting Office 180 Andrews Street Massena, New York 13662

9. FOR INFORMATION

CALL: ► A. NAME

Katie Maloney Contract Specialist

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 315-764-3260 Katie.maloney@dot.gov

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):

Furnish all plant, labor, equipment, and materials, and perform all work necessary to furnish and install touchless automatic and/or limited contact interior fixtures as specified herein.

NOTE: PROSPECTIVE CONTRACTORS ARE REQUIRED TO REGISTER IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) DATABASE AT www.sam.gov PRIOR TO SUBMITTING A BID

PROPOSAL, AND SHALL CONTINUE TO BE REGISTERED UNTIL TIME OF AWARD, DURING

PERFORMANCE AND THROUGH FINAL PAYMENT. THIS IS A TOTAL SMALL BUSINESS SET-

ASIDE PROCUREMENT, THE APPLICABLE NAICS CODE IS 238220 AND THE SIZE STANDARD IS

$16,500,000.00.

11. The Contractor shall begin performance within 10 calendar days after receiving the notice to proceed and complete by December 3, 2021 This performance period is mandatory, negotiable. (See Section F, Page 14 of 35.)

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. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 3 page 30 by 2:00 PM local time September 16, 2021. If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

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 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442

http://www.sam.gov/

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)

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

U.S. Department of Transportation Saint Lawrence Seaway Development Corporation Finance Office PO Box 520 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

STANDARD FORM 1442 BACK

6923G521B0016(R)

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

C DESCRIPTION/SPECS/WORK STATEMENT 5 – 9

D PACKAGING AND MARKING 10

E INSPECTION AND ACCEPTANCE 11

F DELIVERIES OR PERFORMANCE 12

G CONTRACT ADMINISTRATION DATA 13 – 15

H SPECIAL CONTRACT REQUIREMENTS 16

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 17 – 22

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 23

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 24 – 27

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 28 –30

M EVALUATION OFFERS FOR AWARD 31

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Furnish all plant, labor, equipment and materials and perform all work as described in the contract documents for:

BID ITEMS

Item No.

Schedule of

Supplies/Services Estimated Quantity Unit Unit Price Amount

Basic Requirements 1 Project Mobilization and Demobilization. 1 LS $_____________ $_____________

2 Furnish and install flush kit for commode with tank.

10 EA. $_____________ $_____________

3 Furnish and install flush kit for commode without tank (tankless).

28 EA. $_____________ $_____________

4 Furnish and install flush kit for urinal. 14 EA. $_____________ $_____________

5 Furnish and install touchless soap dispenser.

28 EA. $_____________ $_____________

6 Furnish and install touchless paper towel dispenser.

28 EA. $_____________ $_____________

Optional Requirements 7 Furnish and install touchless sink faucet. 39 EA. $_____________ $_____________

8 Furnish and install interior door levers. 123 EA. $_____________ $_____________

9 Furnish and install motion activated light switch.

123 EA. $_____________ $_____________

TOTAL $___________________

INSTRUCTIONS TO OFFERORS:

1. Offerors must submit bid pricing for all the Basic and Optional Requirements to be considered responsive.

2. Quantities are estimated. Only actual completed and verified quantities will be paid for.

3.GLS intends to award the Basic Requirements on or about September 24, 2021. The optional requirements may be awarded during project construction on a need only basis if funding is available.

4. All, or any combination of line items that are Optional Requirements may be awarded.

Bidder Signature ____________________________________

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. Background:

The Great Lakes St. Lawrence Seaway Development Corporation (GLS or Corporation) owns and operates the Eisenhower and Snell Locks in conjunction with the Maintenance Base and Administration building in Massena, New York. Due to the recent health emergency, it was identified that touchless/automatic fixtures could help to limit potential community spread of infectious diseases.

C.2. Location:

All work will be performed in Massena, New York at the following sites:

Snell Lock – 145 Snell Lock Road.

Eisenhower Lock – 190 A Barnhart Island Road.

Maintenance Base – 251 Fregoe Road.

Administration Building – 180 Andrews Street.

C.3. Utilities

Process water, potable water, heat, air, and any other utilities needed for this scope of work shall be the responsibility of the Contractor. All temporary facilities, including restroom facilities, shall be provided by the Contractor.

C.4. Access

The successful Contractor will be provided access to all locations via employee access cards. However, GLS business shall proceed undisrupted. At no time shall the Contractor interfere with normal operations, and scheduling with the GLS Contractor Officer Representative (COR) will be required to ensure temporary disruptions will not affect GLS operations.

C.5. Scope of Work

The Contractor shall provide all labor, equipment and materials required to complete this scope of work. All work shall be performed in accordance with Industry standards and meet all applicable laws, rules and regulations. Installation of fixtures shall be in accordance with all manufacturer recommendations and requirements.

Removal of existing fixtures/appurtenences shall be scheduled/coordinated such that when a fixture is removed that fixture will be in service by the end of the day. All fixtures and appurtenances removed as part of the contract shall be disposed of at the Contractor’s expense unless tagged for re-use by the GLS. If tagged for re-use, the Contractor shall place the item(s) neatly in a lay-down area to be designated by the COR at each facility where work is taking place.

Furnish and install the following components and all necessary appurtenances for a complete and functioning unit:

Flush Kit for commode with tank – Furnish and install Techo (or approved equal) touchless toilet flush kit with 8” range (or approved equal) and appurtenences necessary for a complete and functioning unit. Controller shall utilize 4 AA alkaline batteries and have a rated life cycle of 200,000 flushes. Flush time adjustment shall be 1 – 6 seconds. Batteries shall be mounted externally with Contractor supplied and installed initial set of batteries.

Flush kit for commode without tank – Furnish and install Sloan 8100 HET complete flushometer kit model 8110 (or approved equal) and appurtenances necessary for a complete and functioning unit. Flushometer shall have externally mounted batteries with a minimum capacity of 4 AA alkaline batteries. Unit shall be equipped with a “LOW BATTERY” flashing LED 3-second flush delay. Flushometer shall be capable of up to 10,000 flushes on new batteries.

Flush kit for urinal – Furnish and install American Standard exposed top mount automatic flush valve kit Ultima Sensor-Operated Urinal Flush Valve 1.0 gpf (or approved equal) and appurtenances necessary for a complete and functioning battery powered unit. Urinal flush valve shall include sensor operated gear actuator with metal casing. Units shall feature a self-cleaning diaphragm valve with integral wiper spring in bypass orfice to prevent clogging. Diaphram shall provide chlorine resistance. Shall include angle stop with back-flow protection.

Touchless sink faucet – Furnish and install American Standard Moments Selectronic Proximity Faucet with lithium battery power kit (or approved equal) and appurtenances necessary for a complete and functioning unit.

Electronic sensor-operated lavatory faucet shall feature programmable, multi function sensor and an electronically operated self-cleaning solenoid valve with chemical-resistant silicon seals.

Touchless soap dispenser – Furnish and install Rely Hybrid Electronic Touchless Soap Dispenser (or approved equal) with battery kit and appurtenances necessary for a complete and functioning unit. Dosage setting shall be controlled between full dose or half dose and equipped with a “push the cover” option when batteries are low. Unit shall utilize hand sanitizer, lotion, or foam soap.

Touchless paper towel dispenser – Furnish and install San Jamar Smart Essence Electronic Roll Towel Dispenser (or approved equal) and appurtenances necessary for a complete and functioning unit. Unit shall allow paper towel roll adjustement of 8, 12, 16” presentation. Unit shall dispense at a 1.5 or 3 second delay or no delay and utilize 4 D-cell alkaline batteries.

Interior door levers – Furnish and install Best 7KC37ABDS3 Standard duty interchangeable core entry lever (or approved equal) and appurtenances necessary for a complete and functioning unit. Unit shall accept the GLS existing Best door cores. Contractor shall coordinate installation with the GLS so that the existing cores are removed for each work day and the cores are reinserted into the new entry levers for that same day. The GLS will provide an employee for assistance with core swap.

Motion activated light switch – Furnish & install Energy Efficient Occupancy Sensor by RAB and appurtenances or approved equal. Sensor shall fit decorator wall plates with only 1/2" protrusion. 120 volts.

Gangable. Full 180° view covers 1000 sq. ft Works with electronic ballasts. Can be wired in parallel. LED indicator, wallplate included. Must have hot, common & ground wires in box.

Compatibility: Compatible with preset dimmers and electronic ballasts. Can be wired in parallel Maximum Reliability: Superb small movement sensitivity within 18 feet. LOS1000 has "ZAPS" - Zero Arc Point Switching to protect relay contacts lengthen ballast and sensor life. UL Listing: LOS800 & LOS1000.

Coverage Area: 1000sf. Detection: 180° view covers 1000 sq. feet. Incandescent & Fluorescent Watts Switched: 800 watts @ 120,277 volts. Manual Switch: On - Manual / Off – Auto. Maximum Energy Savings:

Light only when you need it. No ON switch so lights are never left on by mistake. Patents: Negligible Ratings:

6.7 amps. Time Delay: 8 seconds to 15 minutes. Wiring: Hot & common. Color: Ivory,Almond,White.

Weight: 0.3. Contractor to match color with existing room(s). Contractor to verify lighting circuit load (amps) and provide sensor with adequate ampacity.

C.6. New Equipment

i. Submittals: Submit the manufacturer’s product data and installation instructions for each component used in this contract. Include the manufacturer’s Safety Data Sheets as appropriate.

ii. Quality Assurance: The Contractor shall have a minimum of 5 years experience with projects of similar scope and size and submit project references with the bid. All materials shall be approved for use by the GLS and all tools/equipment shall be adequate for proper installation.

iii. Weather Conditions: The Contractor shall be responsible for ensuring his/her employees and equipment is protected from wind, moisture, and low temperatures as necessary to complete this scope of work.

iv. Disposal: The Contractor shall dispose of all materials, debris, packaging and any other items used in performance of this contract per governing agencies having jurisdiction of the property. All items shall be hauled offsite for disposal and/or recycling. All waste, including recycled materials, shall be quantified by weight and submitted to the project COR prior to final payment.

v. Warranty: All installed equipment and materials along with workmanship shall be covered by a 1 year warranty. Warranty shall be included in bid pricing and shall cover all hardware, equipment, appurtenances and workmanship under this contract.

C.7. Schedule The following schedule applies:

Site Visit: August 31, 2021 at 1:00 PM (ET) Bids Due: September 16, 2021 at 2:00 PM (ET) Award: On or about September 24, 2021 Complete Work December 3, 2021

C.8. Responsibilities The Corporation will be responsible for the following:

• Existing core removal and installation into new door levers. The Contractor is responsible for coordinating this work with aduaquate notice to allow the Corporations to plan core removal work.

The Contractor shall be responsible for the following:

• Personnel, materials, and equipment to complete the work.

• Any utilities required to complete the work. Utilities include, but are not necessarily limited to, water, heat, electricity, restroom facility and lighting.

C.10. Environment Protection

i. General. For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and the enhancement of the natural appearance in its final condition. Environment protection requires consideration of air, water and land resources and involves noise, solid waste management and management of liquid and gaseous pollutants, radiant energy and radioactive materials as well as other pollutants. In order to prevent and provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his/her subcontractors shall investigate and comply with all Federal, State and local laws and regulations concerning environmental pollution control and abatement. Any non-compliance shall be immediately corrected and the GLS notified.

ii. Notification. The COR will notify the Contractor whenever the GLS detects any noncompliance with the aforementioned Federal, State and/or local laws and regulations. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. The Contractor shall, after receipt of such notice, immediately inform the GLS of the proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the GLS may issue an order stopping all or a part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages incurred by the Contractor.

iii. Protection of Land Resources. The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his/her activities to areas defined by the contract plans and specifications.

iv. Protection of Water Resources. The Contractor shall not pollute the ground or surface waters with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State and local laws and regulations concerning pollution.

v. Permits and Insurance. The Contractor shall be responsible for researching and obtaining all permits that may be required for the work. The Contractor shall also have insurance as appropriate for the class of work.

C.11. Site Visit It is required that the offeror visit the site before quoting the work. A proper understanding of the physical conditions pertaining to the work may only be gained through an on-site visit. All expenses associated with the site visit will be the responsibility of the offeror. The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions, under which the work must be accomplished under the contract. The offer shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed. A site visit is scheduled for August 31, 2021 at 1:00 PM (ET). Arrangements must be made by calling (315)-764-3253 at least three business days in advance to allow for coordination required before visitors arrive on GLS property.

C.12. Plant The Contractor shall furnish all plant required for the performance of the contract. The 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.

C.13. 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. The Contractor shall be responsible for a safe work environment at all times. The Contractor shall submit a safety plan for approval prior to commencing work. The Contractor shall comply with all GLS health and safety site requirements. Due to the virus that causes the decease commonly known as COVID-19, GLS has requirements for employees, contractors and visitors on Federal property. The Contractor is responsible for its employees, subcontractors, suppliers and any other associated personell complying with these requirements while on GLS property.

C.14. Wage Rates:

In accordance with the requirements of Clause (a), Construction Wage Rate Requirements, (see Clause 52.222- 6 of this contract), the minimum wages to be paid to laborers and mechanics on this project, as most recently determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth in Attachment I. The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

Any class of laborers and mechanics not listed in Attachment I, which will be employed on this contract shall be classified or reclassified to conform to Attachment I, by mutual agreement between the Contractor and the class of labor concerned, subject to the prior approval of the Contracting Officer. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for final determination.

C.16. Other Work:

Maintenance work by GLS personnel and other work by contractors may be in progress concurrently with the work under this contract. Only the Contractor's authorized personnel, subcontractors and suppliers shall be allowed to enter the work area. The Contractor shall fully cooperate with the GLS in all phases of the work and any disputes which may arise will immediately be brought to the attention of the Contracting Officer through the

COR.

C.17. Acceptance of Work.

After completion of all work contracted for, the COR or his 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 GLS 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 GLS 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 Federal holidays).

The GLS 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

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/

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

Inspection of services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any inspectors designated by the Contracting Officer. 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.

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. 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.

END OF SECTION E

http://www.acquisition.gov/far/

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.arnet.gov/far/

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

52.242-14 SUSPENSION OF WORK (APR 1984)

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

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work ready for use not later than December 3, 2021. The time stated for completion shall include final cleanup of the premises.

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

http://www.arnet.gov/far/

PART I

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Lisa Healy, Contracting Officer, Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764-3275, facsimile number (315) 764-3268, and e-mail address lisa.healy@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 DELEGATION OF AUTHORITY

The Contracting officer may delegate all or part of her authority to administer this contract. Such a delegation will be in writing and will describe the extent of the authority delegated. The Contracting Officer will provide a copy of such delegation to the Contractor.

mailto:lisa.healy@dot.gov

G.4. 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 GLS’ 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.5. 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.6. 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.7. 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.8. 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.9. EXECUTIVE ORDER (EO) 13101: GREENING THE GOVERNMENT THROUGH WASTE

PREVENTION, RECYCLING, AND FEDERAL ACQUISITION

The Corporation encourages the use of environmentally sound, energy-efficient products and services. This includes, but is not limited to, the use of energy-efficient office equipment, supplies that contain recovered materials, and products that are either degradable, ozone safe, recyclable, contain low volatile organic content compounds, or contribute to source reduction. The Contractor shall comply with the requirements of this order within the scope of its operations.

G.10. OTHER ADMINISTRATION DATA

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.

END OF SECTION G

PART I

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. PERFORMANCE AND PAYMENT BONDS

a. If the contract price exceeds $150,000.00, the Contractor agrees to furnish a Performance Bond (Standard Form

25) and a Payment Bond (Standard Form 25-A), within 10 calendar days after award. 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.

The penal amount of the performance bond shall be one hundred (100) percent of the contract price. The performance bond secures performance and fulfillment of the contractor’s obligations under this contract.

The penal amount of the payment bond shall equal one hundred (100) percent of the original contract price. The payment bond assures payments as required by law to all persons supplying material or labor in connection with the performance of the work under this contract.

The Corporation 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.

b. For contracts greater than $35,000, but not greater than $150,000, the Contractor shall submit one of the following payment protections:

• Payment bond

• Irrevocable letter of credit (ILC)

• Certificate of deposit

The amount of the payment protection shall be 100 percent of the contract price. The Contractor shall submit its alternative payment protection within 10 calendar days of contract award.

H.2. SECURITY REQUIREMENTS

The Contractor shall be responsible for providing the Contracting Office with the following information on all his/her employees and subcontractor employees assigned to work on site prior to commencing work.

• Employee(s) name

• Copy of employee(s) driver’s license

• Make and license plate numbers of vehicles to be used on site

The GLS shall issue an identification pass to each of the Contractor’s and subcontractor’s employees engaged on the contract. Contractors are responsible for requiring their employees to display their pass while on site. Passes are to be returned to the COR or GLS security personnel upon completion of the project or upon the release of any employee. Failure to return the passes will result in a non-refundable $50.00 fee which will be deducted from the Contractor’s final payment. If the employee loses or damages his/her pass, a replacement fee of $50.00 will be assessed to the Contractor. The Contractor shall notify the COR of any personnel changes(s) prior to arriving on site.

The Contractor will be required to sign for his/her employee passes and any subcontractor employee passes.

END OF SECTION H

PART II

SECTION I

CONTRACT CLAUSES

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/

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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV2015)

52.214-26 AUDIT AND RECORDS – SEALED BIDDING (JUN 2020)

52.214-29 ORDER OF PRECEDENCE -- SEALED BIDDING (JAN 1986)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-6 CONSTRUCTION WAGE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED ACT

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APRIL 2015)

52.222-26 EQUALOPPORTUNITY (SEP 2016)

52.222-27 AFFIRMATIVEACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APRIL 201

52.222-50 COMBATINGTRAFFICKING IN PERSONS (JAN 2019)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVEPROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMINGPRODUCTS (MAY 2020)

52.223-17 AFFIRMATIVEPROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (AUG 2018)

52.223-18 ENCOURAGINGCONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.229-3 FEDERAL, STATE, AND LOCALTAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTIONCONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT

(OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2020)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities…