oppN40080-18-2-0003-cfda12.400-instructions.pdf

BAA ANNOUNCEMENT NO. N40080-18-2-0003

BROAD AGENCY ANNOUNCEMENT (BAA)

STREAM RESTORATION CONSTRUCTION

NAVAL SUPPORT FACILITY CARDEROCK, MARYLAND

This publication constitutes a Broad Agency Announcement as contemplated in the DoD Grants and Agreement Regulations (DODGARS) 22.315. Additional information regarding this announcement will not be issued.

The issuing office will not issue paper copies of this announcement. The Naval Facilities Engineering Command (NAVFAC) Washington reserves the right to select and fund for award one proposal in response to this announcement. No funding shall be provided for direct reimbursement of proposal development costs. Technical and cost proposals (or any other material) submitted in response to this BAA will not be returned. All proposals will be treated as sensitive information. Their contents will only be disclosed for the purposes of evaluation.

It is anticipated that awards will take the form of a Cooperative Agreement. Therefore, all proposals submitted as a result of this announcement will fall under the purview of

(a) the Federal statue authorizing this award, or any other Federal statues directly affecting the performance of this Grant and (b) Department of Defense Grants and Agreements Regulations (DODGARS).

General Information

1. Agency Name

Technical:

Naval Facilities Engineering Command (NAVFAC), Washington 1314 Harwood Street SE, Building 212 Washington Navy Yard, Washington, D.C. 20374-5033

Issuing Grants Office:

Naval Facilities Engineering Command (NAVFAC), Washington 1314 Harwood Street SE, Building 212 Washington Navy Yard, Washington, D.C. 20374-5033

2. Program Name

Natural Resources Management

3. Opportunity Title

4. BAA Number

N40080-18-2-0003

5. Response Dates

Full proposals are due no later than 2:00 P.M. EST on 7 September 2017.

6. Opportunity Description

a. Background / Program Purpose and Plan

The Naval Support Facility Carderock (NSF Carderock) encompasses 186.8 acres along the Potomac River in western Bethesda, Montgomery County, Maryland and is approximately 12 miles northwest of Washington D.C. The installation is located south of MacArthur Boulevard, north of the Clara Barton Parkway and the Chesapeake and Ohio (C&O) Canal, and west of Interstate-495. There are 15 streams and 10 non-tidal wetlands located on the installation. The southern and western portions of the installation drain south off the property to culverts under the C&O Canal, which drains to the Potomac River, a tidal, navigable interstate tributary of the Chesapeake Bay. The eastern portion drains east off the property to Rock Run, a lower perennial stream, and into the Potomac River. The total length of waters is 7,797 linear feet of jurisdictional waters, and 4.66 acres of wetlands. Weather events and previous installation actions and practices have resulted in degradation of water quality of onsite streams. Many degraded areas are located on slopes along and surrounding perennial streams and have resulted in negatively affected drainage patterns, encouraged soil erosion and increased the sediment loading of runoff. These changes in drainage patterns have resulted in localized flooding, erosion of outfalls and unintended bypass of drainage systems and ditches.

If this project is not implemented, the impacts to the mission at NSF Carderock include further degradation of slopes along and surrounding perennial streams, negative increases in drainage patterns, soil erosion and sediment loading of runoff. Continued changes in drainage patterns will result in localized flooding, erosion of outfalls and unintended bypass of drainage systems and ditches. This effort supports the requirement of the Sikes Act and the NSF Carderock Integrated Natural Resources Management Plan (INRMP) to mitigate soil erosion. INRMPs offer a coordinated approach for incorporating ecosystem management efforts into the management of natural resources at DoD installations.

2. OBJECTIVE: The purpose of the Cooperative Agreement is to implement construction that focuses on stream restoration, re-establishment of stable stream geometry and elimination of bank erosion. The goal of this construction will create a natural, self-sustaining channel capable of supporting native stream flora and fauna.

3. ENVIRONMENTAL SETTING: NSF Carderock is comprised mainly of developed land including buildings, parking lots, paved areas, landscaped areas, and mowed grass areas. It also contains approximately 30 acres of mature deciduous woodlands, 4.66 acres of wetlands and 7,797 linear feet of streams. Some stream channels are currently unstable with moderate to severe bank erosion. This erosion delivers excess sediment to downstream reaches, which contributes to poor water quality and degraded in-stream habitat.

A SITE VISIT BEFORE PROPOSAL SUBMISSION IS STRONGLY

ENCOURAGED.

Site Visit will be on 28 August 2018 at 1000 a.m. Please meet at the visitor center.

You will enter via main gate off of the Clara Barton Pkwy The visitor center is on the right hand side once you enter through the gate.

NSF Carderock 9500 MacArthur Blvd Building 20 West Bethesda, MD 20817

Prior to site visit. Fill out the Vetting Form_ SECNAV 5512.1 PDF and return to

Nadia.Shelby@navy.mil and Carolyn.Woods@navy.mil by FRIDAY, AUGUST 17TH BEFORE 2PM.

*Please note * A copy of Design and Permits are too large to upload to Grants.Gov. It will be located in AMRDEC. In order to get the files from AMRDEC, Please send email Nadia.Shelby@navy.mil and

Carolyn.Woods@navy.mil with requestors name and email addresses by THURSDAY, AUGUST 16th BEFORE 2PM mailto:Nadia.Shelby@navy.mil mailto:Carolyn.Woods@navy.mil mailto:Carolyn.Woods@navy.mil

b. Sources of Funding

FY2018 Operations & Maintenance, Navy (O&M,N).

7. Point of Contact

Questions shall be directed to the individual, as specified below, who will direct technical questions to the appropriate technical representative.

Contract Specialist:

Nadia E. Shelby Nadia.Shelby@navy.mil

Contracting Officer:

Blake Wittmann blake.wittmann@navy.mil

Technical Point of Contact (TPOC):

Carolyn Woods Carolyn Woods@navy.mil

8. Instrument Type

It is anticipated that the award resulting from this announcement will be a cooperative agreement. A Firm Fixed Price is required and no provision will be made per economic price adjustments.

9. Additional Information

This BAA is soliciting proposals for Fiscal Year 2018.

The applicable Department of Labor General Wage Decision for this work is:

MD180012 01/05/2018 MD12

Award Information

1. Anticipated Award Information

Fiscal Year 2018.

2. Number of Awards

One (1) award.

3. Award Type

Cooperative Agreement.

mailto:Nadia.Shelby@navy.mil mailto:%20blake.wittmann@navy.mil mailto:Carolyn%20Woods@navy.mil

4. Anticipated Period of Performance

The period covered by this scope of work is eighteen (18) months from date of award of the Agreement., plus two 1 year options

5. Range of Approval/Disapproval Time

Form proposals are reviewed and selected within six months from submission.

Subsequent awards are usually made within three months from notification. This information is only an approximate estimate and does not obligate the U.S.

Government in any way. Estimated funding amounts may increase or decrease at any time based on current and future appropriations.

Eligibility Information

All responsible sources from academia, industry, and non-governmental organizations may submit proposal under this BAA. This includes all non-profits, universities, state and local governments. For-profit organizations are not eligible.

Application and Submission Information

1. Application and Submission Process

Full Proposal shall consist of three sections: (I) Cost, (II) Technical Approach and (III) Past Performance. The details for each section are described below. The due date for receipt of proposals is 2:00 P.M. EST on 7 September 2018. It is anticipated that final selection will be made on or about before the end of Fiscal Year 2018. As soon as the final proposal evaluation process is completed, the respondent will be notified via e-mail of its selection or non-selection for award.

Respondents shall state that their full proposal and any subcontractor pricing is valid for 180 calendar days from the submission deadline.

2. Address for the Submission of Full Proposals

Respondents to this solicitation must provide one (1) electronic copy of the application Full Proposal. All applications shall be submitted via Grants.gov (see instructions below). If you are not able to submit through Grants.Gov, send your proposals to the following e-mail addresses:

Contract Specialist:

Nadia E. Shelby Nadia.Shelby@navy.mil

Contracting Officer:

Blake Wittmann blake.wittmann@navy.mil mailto:%20blake.wittmann@navy.mil

Technical Point of Contact (TPOC):

Carolyn Woods Carolyn.Woods@navy.mil

Submission of Proposals through Grants.gov:

Registration Requirements for Grants.gov:

There are several one-time actions you must complete in order to sub it an application through Grants.gov (e.g. obtain a Dun and Bradstreet Universal Numbering System (DUNS) number, register with the Central Contact Registry (CCR), register with the credential provider, and register with Grants.gov). See www.grant.gov/GetStarted to begin this process. Use the Grants.gov Organization Registration Checklist at www.grants.gov/assets/OrganizationRegCheck.doc to guide you through the process. Designating an E-Business Point of Contact (EBiz POC) and obtaining a special password called an MPIN are important steps in the CCR registration process. Applicants, who are not registered with CCR and grants.gov, should allow at least 21 days completing these requirements. It is suggested that the process be started as soon as possible.

Questions: Questions relating to the registration process, system requirement, how an application form works, or the submittal process must be directed to Grants.gov at 1-800-518-4726 or support@grants.gov. Application forms and instruction are available at Grants.gov. To access these materials, go to http://www.grants.gov, select “Apply for Grants”, and then select “Download Application Package”. Enter the CFDA for the respective agency to which are directing the application; Naval Facilities Engineering Command uses 12.300.

The funding opportunity number is N40080-18-2-0003.

3. Format and Content of Full proposals

Proposal submissions will be protected from unauthorized disclosure in accordance with application law, and DoD/DoN regulations. Respondents are expected to appropriately mark each page of their submission that contains proprietary information. Proposals shall be submitted electronically within the following guidelines:

a. Full Proposal Format

i. Paper size – 8.5 x 11 inch paper

ii. Font size - no less than 10 point font

iii. Margins – 1 inch

iv. Spacing – single or double-spaced

v. Copies – one (1) electronic copy containing all of the required sections mailto:Carolyn.Woods@navy.mil http://www.grant.gov/GetStarted http://www.grants.gov/assets/OrganizationRegCheck.doc mailto:support@grants.gov http://www.grants.gov/

vi. Number of pages – Sections II and III are limited to no more than 25 pages single sided. Section I has no page limit. The cover page and table of contents are excluded from the page limitations.

b. Full Proposal Content

i. Cover Page

1. BAA Number

2. Title of Proposal

3. Identify of Prime Respondent and complete list of subcontractors if applicable.

4. Technical Contact (name, address phone, fax and e-mail)

5. Administrative/Business Contact (name, address phone, fax and e-mail)

ii. Table of Contents

1. Section

2. Title

3. Page numbers

Signed Standard Form 424, 424A as applicable. Form can be found at http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType-SF.

Evaluation Criteria

1. Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the Offeror submitting the lowest price technically acceptable proposal.

2. The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary IAW FAR 15.306. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The Lowest Price Technically Acceptable (LPTA) process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. An overall non-price factor rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType-SF overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

Evaluation Factors

1. Price

a. Solicitation Submittal Requirements: Offeror shall submit a narrative cost estimate assumptions and basis of estimate and corresponding excel spreadsheet (see price schedule worksheet) that includes the following tabs: 1. Total project cost summary by cost element; 2. Cost summary by task and subtask; 3. Subcontractor Costs; 4. Travel Costs; and 5. Other Direct Costs (ODCs). Format of the price schedule worksheet may be modified.

Prime recipient shall solicit a minimum of two (2) quotes for subcontracting effort and submit copies with its price proposal.

Pursuant to FAR Subpart 15.403-4, certified cost or pricing data is required.

b. Basis of Evaluation: The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items.

The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the solicitation. In accordance with FAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s). Pricing for the extension period in accordance with FAR 52.217-8 shall be identical to the last option year. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

2. Non-Price Evaluation Factors

a. Factor 1, Technical Approach

i. Solicitation Submittal Requirements: The offeror shall clearly demonstrate its understanding of the service requirements set forth in the Scope of Work. Offeror shall provide a labor summary breakdown (see price schedule worksheet) for the total effort including the prime recipient and all subcontractors. Provide the labor categories (including education/years of experience) and number of respective labor hours proposed for each discipline.

Provide, in narrative form, the rationale for the Basis of Estimate (BOE) that should include at minimum technical assumptions utilized.

ii. Basis of Evaluation: The Government will evaluate the proposal to determine the degree to which the offeror’s approach/methodology demonstrates adequate staffing levels supported by a reasonable Basis of Estimate (BOE).

iii. Technical Evaluation Ratings: The following adjectival ratings and rating descriptions will be used to assign a rating to each technical factor.

Table A-1. Technical Acceptable/Unacceptable Rating Method

Adjectival

Rating

Description

Acceptable (A) Proposal meets the minimum requirements of the solicitation.

Unacceptable (U) Proposal does not meet the minimum requirements of the solicitation.

b. Factor 2, Past Performance

i. Solicitation Submittal Requirements: The offeror shall provide a minimum of one (1) and a maximum of three (3) examples of recent and relevant contracts. The offeror shall clearly demonstrate recent and relevant prime recipient experience on contracts/agreements similar in size, scope, and complexity to the requirements described in the Scope of Work (PWS) within the last five (5) years preceding the release date of the BAA.

ii. Basis of Evaluation: The minimum standard for Past Performance has been met when the offeror has demonstrated adequate prime recipient experience in successfully performing contracts of similar size, scope and complexity to this requirement within the last five

(5) years preceding the release date of the BAA. The assessment of the offeror’s recent, relevant and quality experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the Scope of Work.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the offeror’s ability to successfully meet the requirements of the Scope of Work.

In order to be considered Acceptable for this factor, the Government must conclude that based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability a neutral rating shall be considered “acceptable.”

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

iii. Past Performance Evaluation Ratings: Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in the following table:

Table A-2. Past Performance Evaluation Rating Method

Adjectival Rating

Description

Acceptable (A) Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable (U)

Based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required effort.

COOPERATIVE AGREEMENT TERMS AND CONDITIONS

(SEPT 2006 Rev 2)

5 June 2008

DoDGARs Part 22:

http://www.dtic.mil/whs/directives/corres/pd32106r_041398/part22.pdf

DoDGARs Part 33:

http://www.dtic.mil/whs/directives/corres/pdf/32106r_041398/part33.pdf

DoDGARs Part 32:

http://www.dtic.mil/whs/directives/corres/pdf/32106r_0413981part32.pdf

OMB Circulars:

http://www.whitehouse.&ov/omh/circularsl

ARTICLES

1. Order of Precedence

2. Statutes and Regulations

3. Cost Principles and Audit *

4. Record Retention and Access Requirements *

5. Modification of Cooperative Agreement

6. Prior Approvals and Changes

7. Allowable Costs *

8. Unexpended Balance

9. Overpayment and Earned Interest

10. Future Funding

11. Subagreements *

12. Officials Not to Benefit *

13. Hatch Act *

14. Lobbying *

15. Environmental Standards *

16. Nondiscrimination *

17. Cargo Preference *

18. Preference for U. S. Flag Air Carriers *

19. Profit or Fee *

20. Claims, Disputes, and Appeals *

21. Controlled Unclassified Information

22. Debarment and Suspension *

23. Drug Free Workplace *

24. Standards for Financial Management Systems *

25. Payment *

26. Procurement *

27. Property *

28. Reports *

29. Termination and Enforcement *

30. After-Award Requirements *

31. Cost Share or Match *

32. Resource Conservation and Recovery Act http://www.dtic.mil/whs/directives/corres/pd32106r_041398/part22.pdf http://www.dtic.mil/whs/directives/corres/pdf/32106r_041398/part33.pdf http://www.dtic.mil/whs/directives/corres/pdf/32106r_0413981part32.pdf http://www.whitehouse.&ov/omh/circularsl

* Refer to DoDGARS, Part 22, appendices A-C for applicable modifications and requirements.

1. Order of Precedence

This Cooperative Agreement is subject to the laws and regulations of the United

States. Any inconsistency or conflict in the terms and conditions specified in this

Cooperative Agreement shall be resolved according to the following order of precedence:

(a) The Federal statute authorizing this award, or any other Federal statutes directly affecting performance of this Cooperative Agreement.

(b) Department of Defense Grant and Assistance Regulations (DoDGARs) 32

CFR Part 32, Administrative Requirements for Grants and Agreements With

Institutions of Higher Education, Hospitals, and Other Non-Profit

Organizations.

(c) These General Terms and Conditions.

(d) Other terms and conditions contained within this Cooperative Agreement and any attached schedules.

2. Statutes and Regulations

This Cooperative Agreement is subject to the laws and regulations of the United

States that apply to assistance instruments including Chapter 63 of U.S. Code Title 31.

DoDGARs Part 32 is hereby incorporated into this Cooperative Agreement by reference. The following OMB circulars, as appropriate, are also incorporated by reference into this Cooperative Agreement:

(a) A-21, “Cost Principles for Educational Institutions”

(b) A-110, “Grants and Cooperative Agreements for Institutions of Higher

Learning”

(c) A-133, “Audits of State, Local Governments, and Non-Profit Organizations”

3. Cost Principles and Audit

DoDGARS Part 32, Uniform Administrative Requirements for Grants and

Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other

Non-Profit Organizations and the OMB Circulars below apply specifically to the

Cooperator. The Cooperative Agreement shall be consistent with these authorities:

(a) A-21, ‘‘Cost Principles for Educational Institutions”

(b) A-133 “Audits of States, Local Governments, and Non-Profit Organizations”

Cooperator shall submit a copy of OMB Circular A-133 audit reports to the agency

Inspector General (IG) and to DoD (IG).

4. Record Retention and Access Requirements

All financial and programmatic records, supporting documents, statistical records, and other records of cooperators or sub-cooperators which are:

(a) Required to be maintained by the terms of this part. program regulations or the cooperative agreement, or

(b) Otherwise reasonably considered as pertinent to program regulations or the cooperative agreement.

5. Modification of Cooperative Agreement

The only method by which this Cooperative Agreement can be modified is by a formal, written and signed modification. Administrative modification(s) to the

Cooperative Agreement may be accomplished unilaterally by the signature of designated Cooperative Agreement Administrative Representative or Awarding Officer.

Changes to the express clauses or terms of the Cooperative Agreement affecting price, quality, quantity or delivery of the Cooperator’s duties shall be the subject of a bilaterally executed modification. No other communications, whether oral or in writing, shall modify this Cooperative Agreement.

6. Prior Approvals and Changes

Any program changes to the approved project must comply with DoDGARS

Subpart 32.25, Revision of Budget and Program Plans, for Institutions of Higher

Education, Hospitals, and Other Non-Profit Organizations.

7. Allowable Costs

Cooperative agreement funds may be applied only to those costs allowed under

DoDGARS Subpart 32.27, Allowable Costs, for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations and, for Institutions of Higher Education only, OMB Circular A-21.

8. Unexpended Balance

In the absence of any specific notice to the contrary, cooperators are authorized to carry forward unexpended balances of funds received to subsequent funding periods.

9. Overpayment and Earned Interest

Overpayment. Within ninety (90) days after the end date of the Cooperative

Agreement. any overpayment of funds shall be remitted to the Administrative Grants

Officer (AGO) at the Administrative Office on the Award/Modification document, by check made payable to the Naval Facilities Engineering Command. An overpayment represents the difference between allowable actual expenditures and total disbursements received by the Cooperator.

Advances and Earned Interest. Interest earned on any account holding funds advanced under this Cooperative Agreement shall be remitted at least quarterly to the

Naval Facilities Engineering Command, by check made payable to the Treasury of the

United States.

10. Future Funding

The Government’s legal funding obligation is limited to the amount shown as the ‘‘Total

Obligated on Award,” section of the Cooperative Agreement document.

11. Subagreements

Cooperator shall comply with DoDGARS Subpart 32.5, Subawards, for

Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

12. Officials Not to Benefit

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Cooperative Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22.

13. Hatch Act

The cooperator, Research Faculty and Graduate Research Assistance within the

Department of Environmental Science and Policy agree to comply with the Hatch Act (5

U.S.C. 1501-1508 and 7324 -7328), as implemented by the Office of Personnel

Management at 5 CFR part 151, which limits political activity of employees or officers of

State or local governments whose employment is connected to an activity financed in whole or part with Federal funds.

14. Lobbying

By signing and submitting this proposal, the cooperator is providing the certification at Appendix A to 32 CFR Part 28 regarding lobbying.

15. Environmental Standards

By accepting funds under this Cooperative Agreement, the cooperator assures that it will:

(a) Comply with applicable provisions of the Clean Air Act (42 U.S,C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et. seq.), as implemented by

Executive Order 11738 [3 CFR, 1971-1975 comp., p. 799] and

Environmental Protection Agency (EPA) rules at Subpart J of 40 CFR

Part32.

(b) Identify to the cooperator agency any impact that this agreement may have on:

(1) The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act

(NEPA, at 42 U.S.C. 4321, et seq.) and to prepare Environmental

Impact Statements or other required environmental documentation. In such cases, the cooperator agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

(2) Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501, et seq.), concerning preservation of barrier resources.

(3) Any existing or proposed component of the National Wild and Scenic

Rivers system, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271, et seq.).

16. Nondiscrimination

By accepting funds under this Cooperative Agreement, the cooperator assures that it will comply with applicable provisions of the following national policies prohibiting discrimination:

(a) On the basis of race, color, or national origin, in Title VI of the Civil Rights

Act of 1964 (42 U.S.C. 2000d, et seq.), as implemented by DoD regulations at 32 CFR Part 195

(b) On the basis of race, color, religion, sex, or national origin, in Executive

Order 11246 [3 CFR, 1964-1%5 Comp., p.339], as implemented by

Department of Labor regulations at 41 CFR part 60.

(c) On the basis of sex or blindness, in Title IX of the Education Amendments of

1972 (20 U.S.C. 1681, et seq.).

(d) On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

(e) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973

(29 U.S.C. 794), as implemented by Department of Justice regulations at 28

CFR Part 41 and DoD regulations at 32 CFR Part 56.

17. Cargo Preference

The cooperator agrees that it will comply with the Cargo Preference Act of 1954

(46 U.S.C. 1241), as implemented by Department of Transportation regulations at 46

CFR 381.7, which require that at least 50 percent of equipment, materials or commodities procured or otherwise obtained with U.S. Government funds under this cooperative agreement, and which may be transported by ocean vessel, shall be transported on privately owned U.S.-flag commercial vessels, if available.

18. Preference for U. S. Flag Air Carriers

Travel supported by U.S. Government funds under this cooperative agreement shall use U.S.-flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive

Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the

Comptroller General of the United States in the March 31,1981, amendment to

Comptroller General Decision BI38942.

19. Profit or Fee

In accordance with 32 CFR 22.205(b), no fee or profit may be charged to this cooperative agreement.

20. Claims, Disputes, and Appeals

(a) Cooperator Claims.

Per 32 CFR 22.815, any claims arising out of this agreement must be:

(1) Submitted in writing to the Grants Officer;

(2) Specify the nature and basis for the relief requested, and;

(3) Include all data and relevant facts in support of the claim.

(b) DOD Component Claims.

Claims by a DOD Component shall be the subject of a written decision by the Grants Officer.

(c) Alternative Dispute Resolution (ADR).

The Parties shall use ADR to the maximum extent practicable, and comply with 32 CFR 22.815 ADR policies and procedures. It is hereby noted, however, that this particular Cooperator, has expressed that its business policy is not to enter into arbitration as the selected ADR method.

(d) Grants Officer Decisions.

(1) Within 60 calendar days after receipt of a written claim, the Grants

Officer shall:

(a) Prepare a written decision, which shall include: the reasons for the decision; the relevant facts on which the decision is based; and the identity and mailing address of the cognizant Appeal Authority, and; shall be included in the award file, or

(b) Notify the Cooperator of a date when the written decision will be rendered. The notice shall address why additional time is needed.

(2) The Grants Officer’s decision is final, unless appealed. In the event of an appeal, the Parties shall endeavor to use ADR procedures to the maximum extent practicable.

(e) Formal Administrative Appeals.

All formal administrative appeals shall comply with the applicable provisions of 32 CFR 22.815(e), Claims, disputes, and appeals.

(1) Appeal Authority. The Assistant Commander for Acquisition is the

Appeal Authority to decide formal, administrative appeals under this

Grant.

(f) Non-exclusivity of remedies.

Nothing in this section is intended to limit a cooperator’s right to any remedy under the law.

21. Controlled Unclassified Information

The parties understand that information and materials provided pursuant to or resulting from this cooperative agreement may be export controlled, sensitive, for official use only, or otherwise protected by law, executive order or regulation. The cooperator is responsible for compliance with all applicable laws and regulations. Nothing in this cooperative agreement shall be construed to permit any disclosure in violation of those restrictions.

22. Debarment and Suspension

Cooperators shall comply with the requirements of DoDGARs Part 25, Subpart

C, “Government-Wide Suspension and Debarment (Nonprocurement)”, 32 CFR Part 25, Subpart C. The cooperator shall also include a similar term or condition in any lower-tier covered transactions, as required by DoDGARs Part 25, Subpart B, 32 CFR Part 25

(2004).

23. Drug Free Workplace

By accepting funds under this Cooperative Agreement, the cooperator agrees to comply with the “Government -Wide Drug-Free Workplace (Grants)” requirements specified by DoDGARS Part 26, Subpart B (or Subpart C, if the cooperator is an individual) of 32 CFR Part 26 (2004), which implements Secs. 5151-5160 of the Drug-

Free Workplace Act of 1988 (41 U.S.C. 701, et. seq.).

24. Standards for Financial Management Systems

By accepting funds under this cooperative agreement, the cooperator agrees to maintain a financial management system that complies with DoDGARS Subpart 32.21, for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

25. Payment

Cooperator shall submit any request for payment in accordance with 32 CFR

32.22, Payment, for Institutions of Higher Education, Hospitals, and Other Non-Profit

Organizations. Payment will be made in accordance with 32 CFR 32.22 for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

For any advance payment the cooperator must maintain or demonstrate the willingness to maintain the conditions set forth at 32 CFR 33.21 (c). Cooperator is authorized to be paid in advance under the conditions set forth at 32 CFR 32.22(b)-(d), for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

Reimbursement is the preferred method when the requirements in 32 CFR

33.22(d) cannot be met. The Cooperator is authorized reimbursements under the conditions set forth at 32 CFR 33.32.22(e)-(j) for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

The Government shall pay the Cooperator the price as provided in this agreement. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Agreements Officer, on estimates of work accomplished which meets the standard of quality established under the agreement, as approved by the Agreements Officer.

The Cooperator’s request for progress payments shall include the following substantiation:

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

(b) Additional supporting data in a form and detail required by the Agreements

Officer.

26. Procurement

Cooperator’s system for acquiring goods and services under this Cooperative

Agreement shall comply with 32 CFR 32.40-32.48, for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

27. Property

Title shall vest in, and cooperator shall manage, property under this cooperative agreement in accordance with 32 CFR 32.2, and 32.30-32.37, for Institutions of Higher

Education, Hospitals, and Other Non-Profit Organizations.

28. Reports

Cooperator sha1l maintain and submit reports in accordance with 32 CFR 32.50-

32.53, for Institutions of Higher Education, Hospitals, and Other Non-Profit

Organizations.

29. Termination and Enforcement

This award is subject to 32 CFR 32.61, Termination, and 32.62, Enforcement, for

Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

30. After-Award Requirements

Closeouts, subsequent adjustments, continuing responsibilities, and collection of amounts due are subject to the requirements in CFR 32.71 -32.73, for Institutions of

Higher Education, Hospitals, and Other Non-Profit Organizations.

31. Cost Share or Match

Any cost share or cost match agreements shall comply with 32.23, for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.

32. Resource Recovery and Conservation Act

Cooperator shall comply with the requirements contained in 32 CFR 32.49.

[End of Items]

WAGE DETERMINATION

General Decision Number: MD180012 01/05/2018 MD12

Superseded General Decision Number: MD20170012

State: Maryland

Construction Type: Heavy Dredging

Counties: Maryland Statewide.

MARYLAND

ALL DREDGING, EXCEPT SELF-PROPELLED HOPPER DREDGES, ON THE

ATLANTIC COAST AND TRIBUTARY WATERS EMPTYING INTO THE ATLANTIC

OCEAN, THE CHESAPEAKE AND DELAWARE CANAL, BALTIMORE CITY AND

BALTIMORE COUNTY, MARYLAND.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2018

* ENGI0025-001 10/01/2017

STATEWIDE

Rates Fringes

Dredging:

CLASS A.....................$ 38.18 16.21+a+b

CLASS B1....................$ 33.03 15.80+a+b

CLASS B2....................$ 31.09 15.65+a+b

CLASS C1....................$ 30.24 14.83+a+b

CLASS C2....................$ 29.26 14.75+a+b

CLASS D.....................$ 24.30 13.60+a+b

CLASSIFICATIONS:

CLASS A: Lead Dredgeman, Operator, Leverman, Licensed Tug

Operator over 1000 HP.

CLASS B1: Derrick Operator, Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill

Placer, Operator II, Maintenance Engineer, Licensed Boat

Operator. CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Steward, Assistant Fill

Placer, Welder.

CLASS C2: Boat Operator

CLASS D: Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Porter/Janitor, Oiler.

INCENTIVE PAY: (Add to Hourly Rate)

Operator (NCCCO License/Certification) $1.50 Licensed Tug

Operator over 1000 HP (Assigned as Master) (USCG licensed

Master of Towing Vessels (MOTV) $1.50; Licensed Boat

Operator (Assigned as lead boat captain) USCG licensed boat operator $1.00; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.50

Oiler (QMED and Tankerman endorsement (USCG) $1.50; All classifications (Tankerman endorsement only) USCG $1.25;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG)

$1.50; All classifications (lifeboatman endorsement only

(USCG) $1.25; Welder (ABS certification) $0.50

FOOTNOTES APPLICABLE TO ABOVE CRAFTS:

a. PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr.'s

Birthday, Memorial Day, Good Friday, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day

b. VACATION: Eight percent (8%) of the straight time rate, multiplied by the total hours worked.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION