This Sources Sought Notice is being issued for market research purposes to determine the availability, capability, and interest of small business firms for a potential Government requirement. NO SOLICITATION IS AVAILABLE; requests for a solicitation will go unanswered. No award will be made from this Notice. Responses will be used to determine potential acquisition strategies, understand current market capabilities, and to gain knowledge of potential sources.

GENERAL SCOPE:

The United States Army Corps of Engineers (USACE) Sacramento District (SPK) anticipates a potential requirement to construct eleven (11) Ammunition Holding Pads, each with protective earthen berms, reinforced concrete retaining walls, lightning protection systems, and concrete pads, as well a road network and other supporting facilities at Military Ocean Terminal Concord (MOTCO), located in Concord, CA.

The potential requirement may result in a firm-fixed-price solicitation issued approximately October 2024. If solicited, the Government intends to award the anticipated requirement by approximately February 2025.

The Government estimates that construction of the potential requirement can be completed within 540 calendar days from receipt of Notice to Proceed.  If market conditions indicate this estimate may be unrealistic, Respondents are encouraged to provide specific information (such as known equipment lead times or other timeline concerns) for Government consideration when responding to this Sources Sought Notice.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 236.204(ii), the Government currently estimates the magnitude of construction for the potential project is $25,000,000 to $100,000,000

The North American Industrial Classification System (NAICS) code for the potential requirement is anticipated to be 237990, Other Heavy and Civil Engineering Construction. The small business size standard for the NAICS, as established by the U.S. Small Business Administration, is $45,500,000 annual revenue. The Product Service Code for the potential requirement is anticipated to be Y1PC - Construction of Unimproved Real Property (Land).

If there is a reasonable expectation that at least two (2) responsible small business concerns under this NAICS can provide the anticipated services at fair market prices, the Contracting Officer is required to set the acquisition aside for small business concerns. If competition is set-aside for small businesses, Federal Acquisition Regulation (FAR) 52.219-14, Limitations on Subcontracting, requires that general construction small business Contractors self-perform at least twenty-five percent (25%) of the cost of the contract, not including the cost of materials. If no set aside is made, the requirement is competed with full and open competition, and the awarded Contractor is not a small business, the Contractor will be required to self-perform the percent of work identified in the solicitation under FAR 52.236-1, Performance of Work by the Contractor.

Contractors with the skill, capabilities, workload capacity, and ability to obtain bonding to complete the project described above (either through self-performance and/or Subcontractor management) are invited to provide capability statements to the primary point of contact listed below. Other than small businesses are also encouraged to submit Capability Statements.

CAPABILITY STATEMENT:

Responses must be limited to twelve (12) 8.5 x 11 inch pages with a minimum font size of point 10.

Please provide the following information:

1) Company name, System for Award Management Unique Entity Identification number (SAM UEID) or Employer Identification Number (EIN), address, point of contact name, contact phone number, contact e-mail address, and statement identifying whether the company employs union or non-union workers.

2) Experience and capability to complete contracts of similar magnitude and complexity to the potential requirement, including at least three (3) examples of comparable work performed within the past six (6) years. Each example should include a brief description of the project, description of the work performed (identification of self-performance and/or Subcontractor management), customer name, customer satisfaction, timeliness of performance, dollar value of the project, whether a Project Labor Agreement (PLA) was used (see the PLA survey section below), and whether there were any challenges experienced during the project (delays, investigations, health and safety issues, labor shortages, management/organizational issues, etc.).

3) Business size and socioeconomic type for the applicable NAICS (ex: Woman-Owned Small Business, Serviced-Disabled Veteran-Owned Small Business (SDVOSB), Veteran-Owned Small Business (VOSB), certified Historically Underutilized Business Zone (HUBZone), 8(a) Participant, small business, or other than small business (large business)).

4) Bonding capability (in the form of a Surety letter).

5) PLA Survey - A PLA is a pre-hire collective bargaining agreement with labor organization(s) that establishes the terms and conditions of employment for a specific construction project. Pursuant to Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, agencies are mandated to use PLAs for large-scale construction projects (defined as projects where the total cost to the Government of the project is estimated to be at least $35,000,000.00) unless exempted by the agency Senior Procurement Executive.  

5A) Do you have knowledge that a PLA has been used in the local area on projects of this kind? If so, please provide supporting documentation.

5B) Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project?  If so, please elaborate and provide supporting documentation where possible.

5C) Are you aware of time sensitive issues/scheduling requirements that would affect the rate at which the referenced project should be completed?  If so, please elaborate and provide supporting documentation where possible.

5D) Identify specific reasons why or how you believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.

5E) Identify specific reasons why you do not believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.

5F) Identify any additional information you believe should be considered on the use of a PLA on the referenced project.

5G) Identify any additional information you believe should be considered on the non-use of a PLA on the referenced project.

5H) Have PLAs been used on similar projects undertaken by Federal, State, municipal, or private entities in the geographic area where work will be performed? If so, please provide contract number(s) and points of contact.

5I) Will multiple construction Contractors and/or Subcontractors employing workers in multiple crafts or trades be required to complete the anticipated work?

5J) Is it difficult to recruit or retain a skilled workforce in the anticipated work location?

5K) Do you think completion of the project will require an extended period of time?

5L) Do you anticipate any unique, compelling, time-sensitive issues, or other schedule requirements to complete the anticipated work (aside from those already noted) or that would affect the rate at which the anticipated project could be completed? If so, please elaborate and provide supporting documentation where possible.

5M) Are you aware of any other large-scale projects being completed in the area during the anticipated period of performance?

5N) Do you think requiring a PLA will increase contract costs or contribute to cost savings? Why or why not? How?

5O) How do open shop and union wage rates influence prevailing wage rates in the local market area? How does unionization in the local market impact wages?  Please provide supporting documentation.

5P) Do you think requiring a PLA will increase contract risk? Why or why not? How?

5Q) If you have previously been party to a PLA, approximately how long did it take to negotiate the terms of the PLA? Did PLA negotiation delay construction start? If so, by how long?

5R) Any other information you think should be considered regarding the use of PLAs for the anticipated project.

Please submit all capabilities statements, information, brochures, and/or marketing material as one (1) document, limited to the page maximum above.

Responses will not be considered an offer, proposal, or bid for any solicitation that may result from this Notice. Moreover, responses will not restrict the Government to an acquisition approach. This Notice is for information and planning purposes only. Respondents will not be notified of the results of any review conducted or the capability statements received.

Please provide responses and/or questions by e-mail to the Contract Specialist, Jennifer Wheelis, at ([email protected]) by 1000 / 10:00 a.m. (PT) Tuesday, 21 May 2024.

Please include the Sources Sought Notice number, ‘W9123824S0028’ in the e-mail subject line.