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Patrol Boat Manufacturing/Engineering Q&A

Environmental Protection Agency’s Clean Port Program

BIDS & PROPOSALS

Question 1 (Prevailing Wage) - We request clarification on how the Davis-Bacon Act applies to our company, a small boat builder based in Kitsap County, WA. In reviewing the wage determinations, we found that the trade classifications relevant to our work are not specifically listed for Kitsap County.

Response: The Davis-Bacon Act applies to federally funded construction contracts over $2,000 and requires payment of prevailing wages to laborers and mechanics. For your boat-building scope, the key issue is whether your work qualifies as “construction” under Davis-Bacon. We believe this contract is for manufacturing and delivery of boats, and no on-site construction or installation is involved, so Davis-Bacon can be excluded. However, if your scope includes installation, assembly, or construction at the Port of Detroit, then Davis-Bacon requirements would likely apply. Please address this within your submittal.

Questions 2 (Prevailing Wage)- Please confirm whether compliance with prevailing wage is required for our scope of work. If so, could you advise how we should address rates that are not published for our region or specific trades?

Response: Based on U.S. Department of Labor guidance and Davis-Bacon regulations, prevailing wage requirements under the Davis-Bacon Act do not apply to boat manufacturing contracts unless construction, alteration, or repair work is performed at the site of the work. Please confirm that this does not apply in your RFP response.

Question 3 (Buy America, Build America)- Based on our review, we are compliant, with more than 55% of manufactured products sourced domestically. We seek clarification on the requirement that “Bidder to identify all locally sourced or American-made products in their proposal.” Given that our boats contain hundreds of components from several suppliers, would it be acceptable to provide a written confirmation of BABA compliance, signed by company leadership, in lieu of listing each product individually (as referenced on Pg. 10, Item g)?

Response: Given the complexity of boat manufacturing and the number of components, it is acceptable to provide a written certification of BABA compliance, signed by company leadership, in lieu of listing each component individually so long as the certification clearly states that the boats meet the BABA threshold. You must retain documentation internally to support the claim in case of audit or inquiry.
Bids & Proposals