RFP 220049.pdf

Repair By Replacement TC601 Solicitation No. N40085-23-R-2850 MCB Camp Lejeune, North Carolina Project No. 22-0049

7/31/23

ROICC CAMP LEJEUNE

POC: Emily Walton emily.a.walton6.civ@us.navy.mil

ONLY THE FOLLOWING LIST OF CONTRACTORS MAY SUBMIT A

PROPOSAL FOR THIS PROJECT:

N40085-21-D-0097 Blue Rock Structures, Inc.

10689 Hwy 17 Pollocksville, NC 28573 POC: Ellen Hartness Phone: 910-743-0505 ext 102 estimating@bluerockstr.com

N40085-21-D-0098 Civil Works, Contracting, LLC 190 Raleigh St.

Wilmington, NC 28412 POC: Jeremiah Stoops Phone: 910-859-8574 Jstoops@civilworkscontracting.com

N40085-21-D-0099 Encon Desbuild JV2 LLC 8201 Corporate Drive, Ste. 720 Hyattsville, MD 20785 POC: Devang Ajmera Phone: 301-244-0711 devang@enconcorp.org

N40085-21-D-0100 Futron, Inc 14067 Crown Court Woodbridge, VA 22193 POC: Daniel Mayo Phone: 571-402-3200 daniel.mayo@futroninc.com

N40085-21-D-0101 Joyce & Associates Construction, Inc.

6994 Hwy 70 Newport, NC 28570 POC: Robert Bittner Phone: 252-223-3171 info@joyceandassoc.com

N40085-21-D-0102 Military & Federal Construction Co.

846 Bell Fork Rd.

Jacksonville, NC 28540 POC: Raymond Wray Phone: 910-353-3797 estimating@mafnc.com

N40085-21-D-0103 Muter Construction, LLC 111 E. Vance St.

Zebulon, NC 27597 POC: Damon Jones Phone: 919-404-8330 djones@muterconstruction.com

N40085-21-D-0104 Rand Enterprises, Inc 850 39th Street. Suite 101 Newport News, VA 23607 POC: Doug Morris Phone: 757-247-1090 doug.morris@rei-va.com

N40085-21-D-0105 Reasor-Asturian JV, LLC 17 W. Maxwell Street Pensacola, FL 32501 POC: Ted Hamilton Phone: 850-530-0780 rajvrfp@asturiangroup.com

N40085-21-D-0106 WB Brawley Company 3314 Jaeckle Dr. Suite 120 Wilmington, NC 28403 POC: Ryan Luckadoo Phone: 910-632-4433 rluckadoo@brawley.net

GENERAL REQUIREMENTS

NAVFAC Solicitation No.: N40085-23-R-2850

Public Works Project No.: 22-0049

Title: Repair By Replacement TC601

Contract Completion Date: 540 days after award

Estimated Cost Range: Between $5,000,000 and $10,000,000

Wage Determination: General Decision Number: NC20230038 04/21/2023

Liquidated Damages: $880 per Calendar Day

Notes: One person may fill the roles of Superintendent and Safety & Health Officer, if duly qualified for these positions as defined in the project specification. However, Quality Control Manager must be a standalone position.

Special Scheduling: None

Basis for Award: Lowest Price

Proposal Acceptance Period: 60 days from receipt of offers

Site Visit: None

Bond Requirements: Bid bonds are required in accordance with FAR 53.301-24. An electronic copy of your bid bond may be submitted with your proposal. Failure to submit a bid bond by the deadline will result in your proposal being removed from consideration. Payment and/or performance bond(s) will be requested at the time of award per the current process.

• No bonds are required for proposals less than $40K.

• Proposals valued at $40K and greater will require a payment bond only.

• Proposals valued at $150K and greater will require a bid bond, a payment bond, and a performance bond.

Proposal Due Date: August 22, 2023

5:00 PM EST

E-Mail Address for Proposals: generalmacc@navy.mil and emily.a.walton6.civ@us.navy.mil.

Requests for Information (RFIs): RFIs must be submitted by the prime contractor to emily.a.walton6.civ@us.navy.mil. The cut off for RFIs is August 10 by 5:00 in order to process all inquiries by the proposal due date.

The specifications and drawings are posted as attachments on https://sam.gov/.

“OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF

FUNDS ARE NOT AVILABLE, NO AWARD WILL BE MADE AS RESULT OF THIS

SOLICITATION. OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR

PROPOSAL COSTS RESULTING FROM THIS SOLICITATION.”

General Decision Number: NC20230038 04/21/2023

Superseded General Decision Number: NC20220038

State: North Carolina

Construction Type: Building County: Onslow County in North Carolina.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022:

Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $16.20 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 2023.

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022:

Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

1. 04/21/2023

IRON0848-005 07/01/2022

Rates Fringes IRONWORKER, STRUCTURAL...................................................$ 27.35 16.65

PLUM0421-003 07/01/2022

Rates Fringes PIPEFITTER.....................................................................................$ 31.66 12.69

SUNC2011-019 08/24/2011

Rates Fringes BRICKLAYER.................................................................................. $ 19.00 0.00 CARPENTER (Drywall Hanging Only)........................................... $ 13.83 ** 0.00 CARPENTER (Form Work Only)..................................................... $ 13.38 ** 1.80 CARPENTER, Excludes Drywall Hanging, and Form Work........... $ 16.39 4.26

CEMENT MASON/CONCRETE FINISHER.................................. $ 15.80 ** 0.00

ELECTRICIAN................................................................................. $ 20.64 6.68 HVAC MECHANIC (HVAC Duct Installation Only)...................... $ 17.37 1.82 LABORER: Common or General..................................................... $ 11.13 ** 0.32 LABORER: Landscape & Irrigation................................................. $ 9.13 ** 0.28 LABORER: Pipelayer....................................................................... $ 13.35 ** 2.80 LABORER: Mason Tender-Brick/Cement/Concrete….....................$ 12.00 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe..................................... $ 18.47 2.41 OPERATOR: Bulldozer.................................................................... $ 16.00 ** 1.87 OPERATOR: Crane.......................................................................... $ 19.77 4.48 OPERATOR: Forklift....................................................................... $ 13.86 ** 0.00 OPERATOR: Grader/Blade.............................................................. $ 15.72 ** 1.49 OPERATOR: Loader........................................................................ $ 16.17 ** 0.25 PAINTER: Brush, Roller and Spray................................................. $ 12.35 ** 0.00 PLUMBER......................................................................................... $ 18.48 3.93 ROOFER............................................................................................ $ 11.75 ** 1.06 SHEET METAL WORKER, Excludes HVAC Duct Installation..... $ 15.81 ** 1.40 TRUCK DRIVER.............................................................................. $ 13.38 ** 1.48

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

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

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 https://www.dol.gov/agencies/whd/government-contracts.

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 National Office because National Office has 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

200 Constitution Avenue, N.W.

Washington, DC 20210 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

200 Constitution Avenue, N.W.

Washington, DC 20210

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

END OF GENERAL DECISION

52.225-9 Buy American-Construction Materials.

BUY AMERICAN-CONSTRUCTION MATERIALS (NOV 2021)

(a) Definitions. As used in this clause—

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

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

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

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives.

The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

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

or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity Price (dollars)*

(End of clause)

Item1:

Foreign construction material

Domestic

Item2:

Foreign

Domestic

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

52.204-27 Prohibition on a Bytedance Covered Application (June 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)