FIMP Ct. 6b - Pilot Exchanges with Industry.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NY 10278-0090

CENAN-CT 4 December 2025

MEMORANDUM FOR RECORD

SUBJECT: Exchanges with Industry Before Receipt of Proposals | Fire Island Inlet to Montauk Point (FIMP), Suffolk County, NY – Contract 6b Pilot Project.

Please advertise the information below in the SAM.gov for a period of fifteen (15) calendar days:

THIS IS AN ‘EXCHANGES WITH INDUSTRY BEFORE RECEIPT OF PROPOSALS’

ANNOUNCEMENT TO BE USED FOR MARKET ANALYSIS ONLY. NO AWARDS

WILL BE MADE FROM THE RESPONSES TO THIS SYNOPSIS. NO SOLICITATION

WILL BE AVAILABLE AT THIS TIME. HOWEVER, RESPONSES WILL BE USED TO

STRUCTURE THE APPROPIATE PROCUREMENT METHODOLOGY FOR A FUTURE

ACQUISITION.

The purpose of this announcement is to perform an exchange with industry to obtain input regarding the bid schedule format due to the real estate requirements associated with nonstructural project implementation. The NAICS Code is 237990 (Other Heavy and Civil Engineering Construction) (size standard $45 million average annual receipts for preceding three fiscal years). No awards will be made from the responses to this synopsis. No solicitation will be available at this time. This exchange with industry is being re-posted to clarify the questions.

Responses will be used to determine appropriate decisions for a future procurement.

BACKGROUND AND INFORMATION FOR CONSTRUCTION CONTRACT

The New York District, U.S. Army Corps of Engineers (District) is preparing plans and specifications for the Fire Island Inlet to Montauk Point, Suffolk County, NY, Contract 6b Project.

FIMP Contract 6b Pilot Project is design-build contract for nonstructural home elevation of up to 67 structures at 66 addresses (one address contains two legal dwellings which require elevation). As a Design- Build contract, the contract consists of both the completion of design and the construction, including acquisition of construction permits, to elevate each structure to its respective Design Flood Elevation.

However, it is notable that this project scope allows homeowners to opt out of the program at any point in time, up to the issuance of the construction permit. Thus, homeowner participation will not finalized at the time of award of this contract and it is possible that of the 66 addresses currently identified, not all homes are guaranteed for completion of design and/or construction. Efforts to reduce late-stage opt outs include a Participation Agreement signed with homeowners at an early stage in design. The potential for opt out after contract award was also noted in Sources Sought W912DS25S0053.

Yuen, Chelsea M CIV USARMY CENAN (USA) Per https://www.sba.gov/sites/default/files/2023-06/Table%20of%20Size%20Standards_Effective%20March%2017%2C%202023%20%282%29.pdf

@CT please confirm if this is correct.

The scope of work includes, but may not be limited to, design, homeowner meetings, and construction (disconnect utilities, excavation around building footprint, evenly jack up the structure with appropriate cribbing/supports, install new foundation elements, and install new floor where applicable (e.g. slab separation), lower house and secure to new foundation, and reconnect utilities), and post-construction activities. Floodproofing actions may be associated with the elevation such as filling of basement, protection of utilities, and raising AC and/or louvers as appropriate for each home.

The project provides flood mitigation risk by elevating the project so that it sits at the Design Flood Elevation (DFE), which is established as the 1% Annual Exceedance Probability (AEP) flood elevation as established by accepted FEMA flood maps + 2’ freeboard + 18” per New York State requirement). While residual risk of flooding remains in the event of higher flood events, it significantly reduces the frequency of flooding a structure may be subject to. Habitable spaces below the DFE will be filled and abandoned (basements) or prohibited from future development to prevent reintroduction of risk as part of the agreement to participate in the FIMP project.

Contract cost is in the range of $25,000,000 to $100,000,000.

OPERATIONAL CONSTRAINTS

The Contractor will conform to all local, state, and federal laws while carrying out the design and construction for this project.

The Contractor shall prepare and submit a site-specific safety and health plan to the government for approval prior to mobilization.

SURVEY OF THE CONSTRUCTION CONTRACTOR INDUSTRY

The following is questionnaire designed to apprise the US Army Corps of Engineers, NY District, of any prospective construction contractors’ feedback regarding the appropriate bid schedule and contract terms to reflect potential homeowner withdrawal from the program post-award.

General

The proposed project is for nonstructural home elevation work.

1. Description of project:

The FIMP Contract 6b Pilot Project is design-build contract for nonstructural home elevation of up to 66 structures. As a design-build contract, the contract consists of both the completion of design by a New York State licensed Professional Engineer and the construction, including acquisition of construction permits, to elevate each structure to its respective Design Flood Elevation (defined by USACE) and in accordance with all applicable Codes. Additional measures such as raising air conditioning unit, filling basement, protecting utilities, etc. may be implemented alongside the elevation of the structure. Homeowners are able to opt out up to the point at which they will sign real estate documents (lien subordination, perpetual easement, etc.)

after 100% design development, which will firmly commit them to the project. As a result, fewer than 66 homes may be ultimately designed and constructed.

Long, Devin M CIV USARMY CENAD (USA) For

Long, Devin M CIV USARMY CENAD (USA) “+18in per New York State requirement”

Lee, Lorraine C CIV USARMY CENAN (USA) Should this be contract range is xxxx to xxxx since we are talking about total contract value?

Yuen, Chelsea M CIV USARMY CENAN (USA) I’m putting the value of just the current contract. If we did whole contract, the number would be super high.

Prior to inclusion in this contract, homes were screened within accessible extents to ensure adequate structural condition, as well as to identify and test for presence of lead or asbestos-containing material and mold, as well as for compliance with existing Certificates of Occupancy. If any issues were identified, homeowners were notified of cure actions and all homes participating will be required to resolve or abate these items prior to participation in the project. The completion of identified cure actions is to be completed by the homeowner prior to construction will not be part of this contract.

There are several known considerations in this project area. In both the Town of Babylon and the Town of Brookhaven, the water table is high, likely no more than a couple feet below ground elevation (the estimate provided here does not supersede geotechnical information to be included within the solicitation), and ponding occurs regularly due to tidal events and small storms. There may be space constraints, especially in the Town of Babylon. In the Town of Brookhaven, homes are connected to septic systems rather than sewer and the contractor shall take care to prevent damage to the existing systems.

In addition, there are some actions which will require homeowner action after the elevation work is complete. These actions are not part of the FIMP contract. Some homes will require I/A upgrades to their septic systems if existing systems are within 150’ of the wetland delineation and found to be non-compliant with requirements. Some coordination with homeowner and/or the septic contractor may be required to ensure that all documents are available to the homeowner to ensure final receipt of Certificate of Occupancy and therefore re-occupation of the structure.

Due to the elevation activities, some homes will be required to install fire suppression, which will not be included in the contract and will be coordinated by the homeowner. Coordination with installing parties may be required to ensure final receipt of Certificate of Occupancy and therefore re-occupation of the structure. Where post-construction remediation actions are required (septic and/or fire suppression), the intent is that the Contractor will complete elevation work and close out its portion of the building permit. All appropriate documents for the receipt of CO will be furnished to the homeowner. The homeowner will be responsible for selecting and hiring a contractor(s) to obtain permit and complete work associated with these actions. The homeowner will then be responsible for the final close out and receipt of the Certificate of Occupancy.

Coordination. Separation of contractor timelines is to mitigate the risk of damages by third party contractors on site at the same time as USACE Contractor. Coordination with installing parties may be required to ensure final receipt of Certificate of Occupancy and therefore re-occupation of the structure. Coordination with the contractors should be accounted for to ensure smooth transition to final closeout.

The completion period of the contract will be 740 calendar days after receipt of the notice to proceed or as noted in the solicitation. (Please also see Period of Performance comment solicitation section below.)

2. The North American Industry Classification System (NAICS) code is 237990 (Other Heavy and Civil Engineering Construction). The Small Business Size standard is $45,000,000.

Yuen, Chelsea M CIV USARMY CENAN (USA) Devin - please confirm. This is my understanding from our meeting with Dewberry.

BID SCHEDULE COMMENT SOLICITATION

1. What revisions to bid schedule are recommended to reflect the potential withdrawal of homeowners? (Please see attached draft proposed bid schedule and provide recommendations to best meet the goal.)

Background of current layout: The proposed bid schedule is currently broken out to reflect two CLINs for each home - one for design and one for the construction. The complete list of homeowner cure actions is known for 17 (Phase I) and investigations for the remaining 49 (Phase II) are ongoing and are anticipated to be identified in the next couple of months. Once all cure actions are identified, homeowners will be notified and have the opportunity to confirm interest and commit to completing the actions prior to moving into the next phase. The design for homes in Phase I is currently assumed to be within the base, while the design for the homes in Phase II are considered to be options. The construction for all homes is considered to be an option. The intent is to have all confirmation of interest identified prior to the award of the contract. However, it is not certain this information will be compiled prior to the start of Phase II, when the proposals will be put together.

The intention is to develop a bid schedule that streamlines the number of CLINs while also accommodating the uncertainty of final participation numbers first as the confirmation of interest is finalized and then as we progress from design into construction. It is the Government’s objective to develop a price schedule that will provide fair competition as well as prices fair and reasonable to both the Contractor and the Government. Furthermore, the intention is to allow for the CLINs to be broken out in such a way that payments would occur through the milestone completed while also minimizing the number of CLINs. For example, if home 123 Maple St stays in the program up to 90%, the intent is to pay up through the 90% milestone and to de-scope or de-obligate the remaining 100% milestone and construction fees.

CAPACITY AND PERIOD OF PERFORMANCE COMMENT SOLICITATION

1. Design and construction capacity:

a. What is your anticipated design capacity? (i.e. how many homes can you have under design at any given time?)

b. What is the approximate duration of design phase for an individual house? Government understands that there will be variation as some houses have a greater number of considerations than others, so please provide an average design period.

c. What is the approximate duration of design phase for each set of houses to be designed?

d. What is your anticipated construction capacity? (i.e. how many homes can you have under active construction at any given time).

e. What is your anticipated construction duration (from initial inspection activities through the closeout)? Government understands that there will be variation as some houses have a greater number of considerations than others, so please provide an average design period.

f. What is the maximum size recommended for one construction contract for future contracts? FIMP pilot will reflect up to 66 homes, but future contracts may be different in size.

Lee, Lorraine C CIV USARMY CENAN (USA) Should we add that it is also our objective to develop a price schedule that will provide prices that are fair to the contractor and the govt and that will also provide fair competition (for instance, we don’t want a price schedule that can result in unbalanced prices_

2. The Town of Babylon and the Town of Brookhaven have indicated that their building permit application personnel can accept approximately 10 applications per month.

a. How do you believe that this would impact the project schedule? For example, if you can perform 20 designs concurrently, 10 would have a month delay between completion of design and initiation of permitting for the second batch of homes. However, if your design capacity is 5 homes at a time, then the Town capacity may not result in application delays.

3. The current period of performance within the Request for Proposal (740 days) is based on assumptions regarding the number of crews working and based upon the assumption that 17 homes will be included in the base. The duration reflects the duration from NTP to close out. The intention is to execute additional items in batches of around 10 per Town to reflect building permit processing capacity. As such, 20 homes may be executed at one time (10 in Town of Babylon and 10 in Town of Brookhaven). The intention is to bundle rather than to execute options one by one and to add additional time to the contract based upon the execution of option bundles.

a. How much time do you think is appropriate to add for each additional set of homes? (e.g.

for every 10 homes, add 120 days for design option bundles. For every 10 homes, add 225 days for all permitting and construction activities).

b. Do recommend setting a cap on how many design options (assuming that the option/base breakdown format remains the same as currently drafted) are executed over a particular period of time?

For example, if the design capacity is 4 homes at any time, then it may not make sense to award 10 homes in one bundle. Alternatively, it also would not make sense to execute two consecutive design bundles within the same Town with consideration to the permit capacity.

c. If you are recommending a different bid schedule layout than is currently proposed, do you propose to revise it to best reflect segmented award under one contract?

d. Does the period of performance proposed appear to be reasonable and consistent with how you will perform the work?

4. There is also uncertainty regarding the duration of time that will be required for real estate acquisition activities. How would you recommend that this risk be addressed with regards to Period of Performance as well as any extensions added?

For your situational awareness, real estate acquisition activities include the execution of a perpetual easement which will prohibit development of the space below the design elevation, lien subordination by lender, and other similar documents. The timeline for the receipt of these documents cannot be precisely determined. Development for uses such as storage or parking is acceptable, but the space cannot be converted into livable space. Please also note that only work directly related to the elevation activities will be included within the contract. Additional work (such as kitchen renovations, additions to the home, etc.) alongside the elevation will not be included in the USACE contract.

Other Questions

1. Homeowners will be required to vacate the property for the duration of construction and until the receipt of the final Certificate of Occupancy. How do you propose to minimize the duration of homeowner displacement ensure project closeout of individual homes on a timely manner?

2. Will construction of houses be sequenced or scheduled in such a way that construction will be approximately the same duration for each homeowner (on average, acknowledging variation

Lee, Lorraine C CIV USARMY CENAN (USA) Do we want to add a question as to whether they would complete each house before starting the next (to get to the point of finding out whether owners will be out for 740 days or months) depending on complexity and other factors), or will construction for some homes be longer? (See image to reflect the intent of the question.)

Scenario 1: Batches start and finish on a rolling basis.

Scenario 2: Homes which start earlier will have the same finish date as those that started later in a batch.

Contractor’s Comments or Recommendations

1. If Contractor has any feedback regarding other aspects of the project, please provide information here.

Please note that this notice is not a commitment on the part of the Government to award a contract as a result of this notice or to pay for any information received. This exchange neither constitutes a Request for Proposal or Invitation for Bid, nor does it restrict the Government to an ultimate acquisition approach.

The Government should not construe these exchanges as a commitment for any purpose. The Government does not intend to rank submittals or provide any reply to interested firms.

Submit Questionnaires to:

Attn: Michael McCue, CENAN-CT, Rm. 1843, US Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY, 10278 Survey Questionnaires will not be accepted after 4:00 pm on the original response date shown in the advertisement in Sam.gov. If the original response date falls on a Saturday, Sunday, or a Federal Holiday, the response date will move to the next business day.

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