6913G619R200043.pdf

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Fencing Replacement Project Federal contract opportunity
Solicitation number
V3352026
Issued by
Department of Transportation Immediate Office of the Secretary Transportation

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6913G619R200043_0001.pdf PDF
Attachment_B_-_Steppingstone_Specification.pdf PDF
Attachment_A_-_USMMA_Site_Plan.pdf PDF
Attachment_C_-_Wage_Determination_NY20190012_Sept_20_2019.pdf PDF

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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

See Schedule

VOLPE NAT'L TRANSPORTATION SYS CNTR

55 Broadway

Cambridge MA 02142-1001

6913G6

Volpe National Transportation System Center

Attn: Heather Simpson, Contracting Officer 55 Broadway Cambridge, MA 02142-1001

Heather Simpson 617-494-3165

1x 10/15/2019

6913G619R200043

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

Title: Perimeter Security/Fencing Project

Location: USMMA, 300 Steamboat Road, Kings Point, NY 11024

Estimated Project Magnitude between: $250,000.00 and $500,000.00

NAICS Code: 238990 Size Standard: $16.5 Million

Set Aside: 100% for Small Business

The Volpe Center is supporting the United States Merchant Marine Academy(USMMA) in addressing its security improvement program, which includes an immediate need to replace and install perimeter fencing. All interested small business Contractors must submit a Firm-Fixed Price (FFP) offer in accordance with Section L and M of this solicitation.

FAR 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the

Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 60 calendar days and complete it within ________________ ________________ calendar days after receiving

SOW Project Schedule

10/25/2019

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

VOLPE NAT'L TRANSPORTATION SYS CNTR

55 Broadway

Cambridge MA 02142-1001

6913G6

Heather Simpson

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6913G619R200043

IT Related Pur: NO

Delivery: 11/28/2019

Delivery Location Code: RECEIVING

USDOT/VOLPE CENTER

Receiving Dock

125 Munroe Street

Cambridge MA 02142 US

FOB: Destination

00100 Removal of current fencing and install new perimeter fencing on the South side of the USMMA property(See Section C,C.1.1.-Task 1).Product

Service Code(PSC) is 5660.

Requisition No: V3352053

00200 Removal of current fencing and install new perimeter fencing on the North side of the USMMA property(See Section C,C.1.2-Task 2).Product

Service Code(PSC) is 5660.

Requisition No: V3352053

00300 Gate replacement to the North side of USMMA along

Sunset Road at the gate to the William Barstow

House and minor repair of two deteriorated side pillars at the entrance(See Section C,C.1.3-Task

3).Product Service Code(PSC) is 5660.

Requisition No: V3352053

00400 OPTIONAL CLIN 1-Wooden fencing repair at Toombs

Field and Tennis Courts(See Section C, C.1.4.A-Option 1).Product Service Code(PSC) is

5660.

Requisition No: V3352053

00500 OPTIONAL CLIN 2-Wooden fencing replacement at

Toombs Field and Tennis Courts(See Section

C,C.1.4.B-Option B).Product Service Code(PSC) is

5660.

Requisition No: V3352053

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 Job

1 Job

1 Job

1 Job

1 Job

FFP TOTAL PRICE FOR CLINs 00100, 00200, 00300 and 00400

FFP TOTAL PRICE FOR CLINs 00100, 00200, 00300 and 00500

C.1 STATEMENT OF WORK (SOW)

Overview The United States Merchant Marine Academy (USMMA) has an immediate requirement to replace and install security perimeter fencing. No solicitation extensions will be granted. All interested small business vendors must submit a Firm-Fixed Price (FFP) bid with the positive capability for an immediate start date upon contract award.

Background The Volpe Center documented the physical condition of the USMMA territorial reinforcement measures, and made recommendations on the repair, replacement, or addition of security fence and gates. Conditions of the perimeter “clear zone” were documented and recommendations provided for the maintenance required of the perimeter fence line. The Volpe Center used Crime Prevention through Environmental Design (CPTED) strategies to help maximize the effectiveness of the site security recommendations.

The USMMA uses various types of fencing to create territorial reinforcement for the USMMA perimeter. A majority of the security perimeter fencing is used to separate the USMMA from residential property; the remaining perimeter fence resides along public right of ways. A wood stockade style fence supported with steel posts is positioned along most of the USMMA perimeter with the exception of sections along Sunset Road which consists of a combination of 4’ high wrought iron picket fence. This fencing will be replaced and repaired as part of the following tasks and Attachment A – USMMA Site Plan should be viewed for placement of fencing and the Contractor must provide at least one manufacture specification of durable fencing with their submitted pricing. Final Government approval will be provided upon award.

C.1.1 Task 1 – Removal of current fencing and install new fencing on the South side of the USMMA

Removal:

Remove approximately 2,282 linear feet of wooden stockade fencing. All of the fence posts may be cut at or below ground level for ease of removal. All fencing must be disposed of and removed from the property, while keeping the grounds as clean as possible during the takedown and removal of fencing.

Installation:

Fencing will be replaced with a 6 foot tall black reinforced decorative chain link fence that incorporates black turf design visual and wind barriers to ensure the coverage of approximately 2,282 linear feet. Exact measurements to be confirmed by the Contractor.

Material Specifications:

6 foot tall black reinforcement decorative chain link fence that incorporates black turf design visual and wind barriers.

C.1.2 Task 2 – Removal of current fencing and install new perimeter fencing on the North side of the USMMA along Sunset Road to the waterline.

Removal:

Remove approximately 813 linear feet of a combination of iron and chain linked fencing. All of the fencing posts may be cut at or below ground level for ease of removal. This fencing extends from Elmridge Road down to the waterline at Long Island Sound and stops just short of the high tide mark.

Installation:

Fencing will be replaced with a 6 foot tall black reinforced decorative chain link fence that incorporates black turf design visual and wind barriers.

Material Specifications:

6 foot tall black reinforcement decorative chain link fence. The material will be the same type as in Task 1.

C.1.3 Task 3 – Removal of current gate and install a new gated entrance on the North side of the USMMA. Minor repair of two deteriorated side pillars at the entrance.

Gate Removal:

Remove and dispose of approximately 20 linear feet of an iron gate at the rear entrance of the William Barstow House. Located along Sunset Road.

Gate Installation:

Install a new 6 foot tall swing gate constructed of a black decorative aluminum material that is similar to the decorative fence along Steppingstone Lane. Refer to Attachment B.

Gate Material Specifications:

Please refer to attachment A for the current sizing specifications of the Alumi-Guard fence installed at Steppingstone Lane.

Pillar Minor Repairs:

Make minor repairs to the two concrete pillars at each side of the abandoned and deteriorated Iron Gate at the rear entrance of the William Barstow House. The minor repairs consist of the following:

• Repair the two concrete cracked and deteriorated concrete pillars using patching. This is subject to initial review and approval by the Government before work takes place.

• Remove damaged, rotted wood and repair the 2 small pillar roofs. The government has approximately 60 of replacement roof shingles and will supply them for this task.

C.1.4 Optional Task 4

C.1.4.A - Option 1: Repair and replace the wooden fencing at Toombs Field and Tennis Courts.

Repairs: Remove and replace the damaged 40 linear feet of existing wooden picket fencing as it extends from the tennis courts along the corner at Toombs Field near the USMMA DPW with same fencing as described below under C.1.4.B. The section that is broken is at the corner of the property line down from the tennis courts.

C.1.4.B. - Option 2: Removal of current fencing and install new fencing at Toombs Field and Tennis Courts

Removal:

Remove and dispose of approximately 200 linear feet of existing wooden picket fencing in addition to the 40 linear feet addressed under Section C.1.4.A above.

Installation:

Install a new 6 foot high reinforced steel, decorative chain link fencing that incorporates black turf design visual and wind barriers. The fencing will be the same material used in task 1.

Material Specifications:

6 foot tall black reinforcement decorative chain link fence. The Contractor must provide at least one manufacture specification of durable fencing with their submitted pricing. Final Government approval will be provided upon award.

C.1.6 Work Performance Location All work required under this contract will be performed at the USMMA, located at 300 Steamboat Road, Kings Point, NY 11024.

C.1.7 Project Schedule/Work Plan

The Contractor must supply the Government with a final project schedule/work plan within 5 days of award, inclusive of material lead time. All fencing tasks and project timelines must be labeled clearly in the project schedule/work plan, and must be performed to ensure the perimeter is secure even during fencing removal. . The contractor will report to the government on its compliance with the project schedule on a weekly basis, including reporting on compliance of projected work anticipated to be performed in the following week. The Government requires a weekly progress meeting, held Monday’s at 11:00 a.m. – 11:30 a.m.

Eastern Time (conference calls until construction starts, then in person progress meetings will be held onsite). The Volpe Center CO Representative (COR) and Contractor Designee will be attending weekly meetings.

C.1.8 Job Site Communication

The Contractor shall supply its own hand-held radios to their own employees working onsite, to ensure immediate communications with all employees while working on this contract at the USMMA campus. The contractor must ensure the equipment can operate reliably within the USMMA campus.

C.1.9 Health and Safety Plan

The Contractor will provide to the government for approval a Health and Safety Plan (HASP) per 29 CFR 1926 within five calendar days of contract award. The HASP is subject to government approval, which must be received by the contractor prior to commencing work onsite. The contractor is required to update the HASP, as needed, to reflect any changes in the work or manner in which it was intended to be performed. Emergency Medical Service should be included with an action plan. All on-site personnel, visitors, sub & prime Contractor employees will need to comply with the approved HASP. A copy of HASP will be retained onsite for access by the Government.

In performing any work under this contract on premises which are under the direct control of the Government, the Contractor shall (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the CO may reasonably require for safety and accident prevention proposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of the contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the CO, may be grounds for termination of this contract.

Safety: Onsite support to the Volpe Center at work at the USMMA requires an intense Safety Culture and commitment, from corporate, individual and the conduct of all work. The Contractor shall prepare a corporate Health and Safety Plan for COR review and approval prior to access to the USMMA. Contractor will be responsible for conducting daily safety briefs while at the USMMA.

The Contractor shall immediately notify and promptly report to the CO or her representative, an accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property arising out of work performed under this contract. Provided, however, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and industry experience reporting requirements set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the CO with a report, in such form as the CO may require, of the investigative findings, together with proposed and/or completed corrective actions.

C.1.10 General Tasks and Standards

The Contractor shall not perform any work at the direction of unauthorized Government personnel, or without prior authorization from the CO. Under no circumstance shall the contractor or its employees take any work direction from USMMA personnel.

C.1.11. Government Furnished Property (GFP)/Utilities (GFU) and Material (GFM)

The Government will furnish the following items at no cost to the Contractor. However, the Contractor will repair or restore the area or items used during construction to the condition existing before use.

• Storage area: Outside storage of materials, and equipment which will be used in the performance of work under the contract. The Contractor will not store any flammable or explosive liquids such as gasoline indoors. The Contractor will be provided with designated area as determined for each task. The Contractor will take appropriate disposal measures for hazardous chemicals and materials. The Government will not be responsible in any way for damage or loss to the Contractor's stored supplies, materials, replacement parts, or equipment.

• Electrical power: At existing outlets for the Contractor to operate equipment as necessary in the conduct of the work. Construction may require Contractor to provide alternate sources of power.

• Site Laydown Area: Government will identify the area where the contractor can locate its onsite trailer and storage container.

• Pillar Roof Shingles: The government has approximately 60 of replacement roof shingles and will supply them to the Contractor for completion of the minor repairs of the pillars required under Task C.1.3.

C.1.12 Contractor Furnished Property

The Contractor shall furnish all vehicles, tools, equipment, supplies, parts, or materials necessary to complete the specified tasks required to be performed under this contract.

Anything found not meeting acceptable standards shall be replaced by the Contractor at the Contractor's expense. All parts and materials must be approved by the COR prior to incorporation into contract work. The Contractor shall be responsible for the security of its own equipment and materials while onsite during contract performance.

C.1.13 Contractor Onsite Supervisor

Throughout contract performance, while work is being performed onsite, the Contractor shall have a designated qualified supervisor located onsite overseeing all Contractor personnel, inclusive of subcontractor personnel, if applicable. The supervisor’s qualification will be submitted to the government prior to commencement of work onsite. The CO and COR shall be notified in writing via email if there is a need to change the assigned supervisor.

C.1.14 Tradespersons and Workmanship Standards

The contractor shall ensure all personnel performing work onsite are skilled and knowledgeable in methods and craftsmanship needed to produce required quality-levels for workmanship in completed work. Any work, which does not comply with workmanship standards as specified and as recognized in the construction industry for applications indicated, shall be removed and replaced at the expense of the contractor.

C.1.15 Environmental Program/Sustainability Compliance

The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and standards regarding environmental pollution. All environmental protection matters shall be coordinated through the CO and COR.

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; biobased; environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); non-ozone depleting; or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an EPA- or USDA-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

C.1.16 Contractor Provided Services

All Contractor-provided services shall meet applicable standards specified herein, applicable Government regulations, codes, or directives to include applicable equipment specifications and manufacturers' instructions and recommendations related to the equipment receiving the services, and inclusive of equipment, supplies, parts, or materials used to provide the required services.

C.1.17 Excavation and Utility Clearances

Obtain dig safe permits prior to the start of excavation. Call 1-800-DIG-SAFE. Verify the elevations of existing piping, utilities, and any type of underground obstruction. Verify elevations before installing new work closer than nearest manhole or other structure at which an adjustment in grade can be made.

C.1.18 Limiting Exposures of Work

To extent possible through reasonable control and protection methods, supervise performance of work in a manner and by means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging, or other exposures during construction period. Such exposures include (where applicable, but not by way of limitation) static loading, dynamic loading, internal pressures, external pressures, high or low temperatures, thermal shock, high or low humidity, air contamination or pollution, water, ice, solvents, chemicals, light, radiation, puncture, abrasion, heavy traffic, soiling, bacteria, insect infestation, combustion, electrical current, high speed operation, improper lubrication, unusual wear, misuse, incompatible interface, destructive testing, misalignment, excessive weathering, unprotected storage, improper shipping/ handling, theft and vandalism.

C.1.19 Environmental Protection Contractor shall be responsible for the proper disposal of all solid, liquid, and gaseous contaminants in accordance with all local codes and regulations. Discharge gaseous contaminants so that they will be sufficiently diluted with fresh air to reduce the toxicity to an acceptable level.

Liquid contaminants may, subject to local utility standards and environmental laws, be diluted with water to a level of quality acceptable in the local sewer system, or shall be contained in approved vessels for disposal at approved sites. Make the necessary provisions to prevent hazardous vapors from entering any fresh air supply or any air handling system servicing the USMMA facilities. Remove refuse resulting from construction operations from the site on a daily basis.

C.1.20 Trucking Load all trucks leaving the site with earthen materials or loose debris in a manner that will prevent dropping of materials on streets. Fasten suitable tarpaulins over the load before they enter surrounding paved streets.

Trucks bringing earthen materials over paved streets to the site shall be similarly loaded and covered. At all points where trucks will leave the site and enter surrounding paved streets, maintain a suitable truck wheel washing installation and crew to prevent any mud from being carried onto such adjacent paved streets. All trucks, or other vehicles leaving the site at any time, shall be hosed and washed clean of mud and dirt clinging to wheels and exterior body surfaces.

Installation shall be provided with a concrete or macadam slab, arranged to assure adequate drainage to prevent puddling. Keep wash down area clean. The Contractor and all subcontractors on or delivering to the site shall conform to all local regulations regarding load limits.

C.1.21 Construction Site Maintenance Store all supplies and equipment on project site so as to preclude mechanical and climatic damage. Maintain site in a neat and orderly manner. Contractor shall be responsible for maintaining the temporary structures and construction enclosure (fence) in good repair and visually pleasant. The Contractor shall further provide adequate security to prevent the presence of unauthorized persons on the site, and to keep gates secured when not in actual use to insure the integrity of the barrier as well as for property security.

C.1.22 Noise Control Comply with all applicable state and local laws, ordinances, and regulations relative to noise control. Equipment to be employed on this site shall not produce a noise level exceeding 92 Db(A) at a distance of 50 feet from the equipment under test.

C.1.23 Barricades The Contractor shall erect and maintain temporary barricades to limit public access to hazardous areas. Such barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic.

Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

C.1.24 Final Cleaning The following is required in addition to special cleaning specified.

• Remove labels which are not required as permanent labels.

• Clean transparent materials, removing substances, which are noticeable as vision obscuring materials. Replace any damaged transparent materials.

• Clean project site of litter and foreign substances. Sweep paved areas to a broom-clean condition; remove other foreign deposits. Rake grounds, which are neither planted nor paved, to a smooth, even-textured surface.

Applicable Documents

The Contractor shall follow and adhere to the listed documents and all attachments in Section J. Supplements or amendments to publications shall be considered to be in full force and effect upon receipt by the contractor, except when such supplement or amendment is deemed to cause an increase, or decrease, in cost of contract performance. In such event, the Contractor shall inform the CO, in writing prior to implementation of such supplement or change. If applicable, a negotiated change in contract price will be made in accordance with terms and conditions of the contract related to change orders and modifications.

The Contractor shall have access to the latest revision of the documents described below, except as specified otherwise. All referenced Federal laws, codes, directives, and instructions in force at time of contract award, unless coded otherwise, shall be considered mandatory as applicable to the service or function to be performed. Failure to obtain, or have access to such documents shall not be cause of the Contractor to reduce any service or performance, nor reason nor comply with any contract term or condition.

a. Public Laws:

PL 91-190 National Environmental Policy Act of 1969 PL 91-596 Occupational Safety and Health Act of 1970 PL 94-469 Toxic Substance Control Act PL 94-590 Resource Conservation and Recovery Act (RCRA) of 1976 PL 96-510 Comprehensive Environmental Response Compensation and Liability Act of 1980

b. OSHA Regulations and Standard Numbering are available on the following web site:

https://www.osha.gov/laws-regs/regulations/standardnumber

1926.22 Recording and Reporting of Injuries

1910 Operational Safety and Health Administration Requirements All

Applicable to Construction 1926 OSHA Construction Industry 117 List of Hazardous Materials 257 Criteria for Classifications of Solid Waste Disposal, Facilities and Practices

c. Building Codes of New York, if applicable

Note: The preceding publications are subject to updates. In the case that the publications are updated, the new publication shall supersede the former publication.

SECTION D - PACKAGING AND MARKING

D.1 MARKING (JULY 2015)

All items submitted to the Government shall be clearly marked as follows:

a. Name of contractor;

b. Contract number;

c. Associated CLIN number;

d. Description of items contained therein; and

e. Consignee's name and address https://www.osha.gov/laws-regs/regulations/standardnumber

SECTION E - INSPECTION AND ACCEPTANCE

FAR CLAUSE(S) INCORPORATED BY REFERENCE:

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.1 GOVERNMENT INSPECTION AND ACCEPTANCE (JULY 2015)

In accordance with the above Federal Acquisition Regulation clause the Government will inspect and issue final acceptance of each CLIN awarded under this contract. The Government has the right to inspect and test all supplies and services required by the contract, to the maximum extent practicable, at any and all places and times and in any event before acceptance.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 DELIVERIES (FEB 2013)

All CLIN’s will be delivered with the period of performance of 60 calendar days, inclusive of the exercised Optional CLIN.

CLIN 0100 Removal of current fencing and install new perimeter fencing on the South side of the USMMA property (See Section C, C.1.1. - Task 1). Product Service Code (PSC) is 5660. Requisition No: V3352053

CLIN 0200 Removal of current fencing and install new perimeter fencing on the North side of the USMMA property (See Section C, C.1.2 - Task 2). Product Service Code (PSC) is 5660. Requisition No: V3352053

CLIN 0300 Gate replacement to the North side of USMMA along Sunset Road at the gate to the William Barstow House and minor repair of two deteriorated side pillars at the entrance. (See Section C, C.1.3 -

Task 3). Product Service Code (PSC) is 5660. Requisition No: V3352053

CLIN 0400 OPTIONAL CLIN 1 - Wooden fencing repair at Toombs Field and Tennis Courts (See Section C, C.1.4.A

- Option 1). Product Service Code (PSC) is 5660. Requisition No: V3352053

CLIN 0500 OPTIONAL CLIN 2 - Wooden fencing replacement at Toombs Field And Tennis Courts (See Section C, C.1.4.B - Option B). Product Service Code (PSC) is 5660. Requisition No: V3352053

All correspondence and reports related to each CLIN shall be delivered to the CO, and designated COR as specified in the contract.

(End of Clause)

F.2 FAR CLAUSE(S) INCORPORATED BY REFERENCE

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

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

1984)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the date the contractor received the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.4 PLACE OF DELIVERY/PERFORMANCE (JULY 2015)

The place of delivery/performance called for under this contract shall be:

United States Merchant Marine Academy, 300 Steamboat Road, Kings Point, NY 11024.

F.5 SERVICE CONTRACT REPORTING (OCT 2016)

The Contractor shall annually report the total dollar amount invoiced for services and the number of direct labor hours expended on services, during the previous Government fiscal year. The Contractor shall also report the number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year. The Contractor shall submit the report containing the required data of the previous fiscal year via www.SAM.gov no later than November 15 of each year within the contracts period of performance. See FAR Clause 52.204-14 Service Contract Reporting Requirements incorporated by reference in Section I.

F.6 REPORTS OF WORK - REPORT DISTRIBUTION (JULY 2015)

Nothing set forth herein regarding number of copies shall be construed as authority to disregard the provisions of the clause(s) of this contract.

A. Contract Status Report:

1 copy to the CO 1 copy to the COR (and alternate COR) http://www.sam.gov/

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (JULY 2015)

CO: The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.

However, the CO may delegate certain other responsibilities to authorized representatives. The Contracting Officer is:

Heather Simpson, heather.simpson@dot.gov Office: (617) 494-3165 U.S. Department of Transportation Volpe National Transportation System Center 55 Broadway, Cambridge, MA 02142-1001

G.2 TAR 1252.242-73 CONTRACTING OFFICERS TECHNICAL

REPRESENTATIVE (OCT 1994)

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

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

NOTE: Please note that the United States Department of Transportation has not updated Transportation Acquisition Regulation (TAR) Clause 1252.242.73. This clause uses the term CO Technical Representative. The terminology has changed and this position shall henceforth be referenced as CO’s Representative.

The responsibilities of the COR as cited in the written appointment include, but are not limited to, inspecting and monitoring the Contractor's work, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract, acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned, and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms.

(End of Clause)

G.3 INVOICE SUBMISSION (APR 1984)

Invoices must contain the information required by FAR Clause 52.232-27 (incorporated by reference in Section I) and must be consecutively numbered beginning with the Number 1.

mailto:heather.simpson@dot.gov

Additionally, invoices must identify the CLIN and the accounting information necessary to process payments. . The invoicing and payment office for all contract actions issued by DOT/OST-R/Volpe Center is located at the Enterprise Services Center (ESC), Office of Financial Operations, and Federal Aviation Administration (FAA) in Oklahoma City, Oklahoma.

All invoices, including supporting documentation, are to be submitted electronically (e.g. PDF format) by email at the following address volpeinvoices@faa.gov (all lower case). The CO, and COR shall be copied or forwarded a copy of the e-mail. A cover email must accompany each invoice and provide the applicable information in the fields listed below.

Invoice Date:

Contractor Name:

Invoice Amount:

Invoice Number:

Contract No.

CLIN No. (including quantity, unit of measure and price) Terms/Discount:

Performance Period:

Notes:

The Contractor may submit invoices not more frequently than monthly based on completion, and inspection/acceptance by the Government, of each CLIN in accordance with Section I FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts. The final invoice will not be paid until the Government has accepted all the work and reporting requirements.

The Government may at its sole discretion arrange for a Contractor to review vouchers and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing vouchers and supporting data will perform this function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NON-PERSONAL SERVICES (DEC 1998)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the Contractor’s supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

The Contractor shall ensure that all of its employees working on this contract are informed of mailto:volpeinvoices@faa.gov the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

H.2 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (DEC 2012)

In accordance with FAR 52.228-5, Insurance - Work on a Government Installation, in Section I, insurance of the following types and minimum amounts shall be procured and maintained during the entire period of performance under this contract:

(a) Workman's Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000.00

(b) General Liability Insurance - Bodily Injury Liability - $500,000.00 per occurrence.

(c) Automobile Liability Insurance - $200,000.00 per person, $500,000.00 per occurrence bodily injury, $20,000.00 per occurrence property damage.

A certification of each policy of insurance shall be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the endorsement required by FAR 52.228-5. The insurance companies providing the above insurance shall be satisfactory to the Government. Notices of policy change shall be furnished to the CO.

H.3 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT

PREMISES (DEC 2013)

Any work under this contract which is performed by the Contractor, or any of its subcontractors, on premises that are under direct control of the Government, is subject to the following provisions:

(1) Performance of work on Government premises shall be confined to the area(s) specified by the CO or designee. In performance of this work, the Contractor shall: (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the CO may reasonably require for safety and accident prevention purposes.

(2) The Contractor shall designate to the CO or designee, in writing, an on-the-premises representative to serve as point of contact.

(3) Any violation of applicable safety rules and requirements shall be promptly corrected as directed by the CO.

H.4 HOURS OF WORK (MAY 2018)

The contractor can work onsite at the USMCCA facility during normal hours of operation, 8:00 AM – 6:00 P.M., Monday through Thursday. The Contractor will not be permitted to work on any other days unless prior authorization is received from the CO.

H.5 GPO PRINTING REQUIREMENT (DEC 1998)

All printing funded by this contract will be accomplished in conformance with Title 44, United States Code, regulations of Joint Committee on Printing, applicable provisions of appropriation acts, and applicable regulations issued by the Government Printing Office and the Department of Transportation.

H.6 CONTRACTOR RESPONSIBILITY (DEC 1998)

The Contractor shall without additional expense to the Government, be responsible for all damage to persons or property that occur as a result of its fault or negligence in connection with the prosecution of the work, and shall be responsible for the proper care and protection of work performed.

H.7 LEGAL HOLIDAYS/INSTALLATION CLOSING (JUL 2015)

The following Federal legal holidays are observed and no work shall be performed at the Contractor’s site or at a Government facility, unless approved in writing, and in advance, by the CO: New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Whenever a recognized Federal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday. Whenever a recognized Federal holiday falls on a Sunday, the following Monday shall be observed as a legal holiday.

The Contractor shall comply with the aforementioned Federal holidays and any other day designated by the Federal Statute, Executive Order, or Presidential proclamation; therefore, no access to the USMMA will be permitted on Federal holidays.

H.8 WARRANTY (DEC 2012)

The Contractor shall provide the standard manufacturer’s warranty for all material upon final contract acceptance. During the warranty period, the Contractor shall repair or replace any Contractor product that does not substantially conform to product specifications. The warranty period shall begin from the date of final acceptance by the Government for each identified task in the SOW IAW FAR Clause 52.246-21 Warranty of Construction.

H.9 U.S. DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR

PERSONNEL SECURITY AND AGENCY ACCESS (NOV 2011)

The following definitions are provided:

"Agency Access" means access to DOT facilities, sensitive information, information systems or other DOT resources.

"Applicant" is a Contractor employee for whom the Contractor submits an application for a DOT identification card.

"Contractor Employee" means prime Contractor and subcontractor employees who require agency access to perform work under a DOT contract.

"Identification Card" (or "ID card") means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-I) card from an authorized PIV-I issuer, or a non-PIV card issued by DOT, or a non-PIV card issued by another Federal agency and approved by DOT. PIV and PIV-I cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

"Issuing Office" means the DOT entity that issues identification cards to Contractor employees.

"Local Security Servicing Organization" means the DOT entity that provides security services to the DOT organization sponsoring the contract.

1. Risk and Sensitivity Level Designations - For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, the Contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to Contractor employee positions by category, group or individual.

The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for Contractor employees.

IF THE DESIGNATED RISK IS: THE BACKGROUND INVESTIGATION IS:

Low National Agency Check with Written Inquiries

(NACI)

Moderate Minimum Background Investigation (MBI) High Background Investigation (BI)

Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated "special sensitive," "critical sensitive," or "non-critical sensitive" will determine the level of clearance required for Contractor employees. Personnel security clearances for national security contracts within the U.S. DOT will be processed according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM).

2. Pre-screening of Contractor Employees - The Contractor must pre-screen individuals designated for employment under any DOT contract by verifying minimal suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The Contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a Contractor employee for reasons including, but not limited to:

a) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

b) Falsification of information entered on forms or of other documents submitted.

c) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

d) Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

3. Citizenship and Alien Status - The Contractor must monitor an alien's continued authorization for employment in the United States. The Contractor must provide documentation to the CO or the CO's Technical Representative during the background investigation process that validates that the E-Verify requirement has been met for each Contractor employee.

4. Background Investigation and Adjudication - The Contractor employee must have a favorable adjudication of background investigation before DOT will issue an ID card to the Contractor employee granting access to DOT facilities, sensitive information, information systems or other DOT resources. DOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service. DOT may also accept PIV-I (interoperable) cards issued by an authorized PIV-I issuer as evidence of identity. A favorable adjudication does not preclude DOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a DOT identification card can be issued. Each Contractor must use the Office of Personnel Management’s (OPM) e-QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COR or CO. The DOT Office of Security, M- 40, or a DOT organization delegated authority by M-40, is responsible for adjudicating the suitability of Contractor employees.

5. Agency Access Denied - Upon contract award, DOT will initiate the agency access procedure for all Contractor employees requiring access to DOT facilities, sensitive information, information systems and other DOT resources for contract performance. DOT may deny agency access to any individual about whom an adverse suitability determination is made. Failure to submit the required security information or to truthfully answer all questions shall constitute grounds for denial of access. The Contractor must not provide agency access to Contractor employees until the s ecu r i t y (M-40) or a DOT organization delegated authority by M-40.

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