495M SB MATOC Survey.docx

U.S. Army Corps of Engineers, Honolulu District $495M Small Business Construction Multiple Award Task Order Contract (MATOC) Questionnaire

Company Name: _________________________________ CAGE Code: ________ UEI Number: ___________________ POC Name and Phone Number: _________________________________

Bonding Capacity: Per Project: $________________ Aggregate: $________________

Prime Contractor Experience with Design-Bid-Build (DBB) Projects (Mark all applicable ranges):

___ Less than $250,000 ___ $250,000 - $500,000 ___ $500,000 - $1,000,000 ___ $1,000,000 - $5,000,000 ___ $10,000,000 - $25,000,000 ___ More than $25,000,000

Prime Contractor Experience with Design-Build (DB) Projects (Mark all applicable ranges):

___ Less than $250,000 ___ $250,000 - $500,000 ___ $500,000 - $1,000,000 ___ $1,000,000 - $5,000,000 ___ $10,000,000 - $25,000,000 ___ More than $25,000,000

Prime Contractor DBB Experience at the following locations (Mark all applicable locations):

___ Oahu ___ Hawaii Island ___ Other Islands

Prime Contractor DB Experience at the following locations (Mark all applicable locations):

___ Oahu ___ Hawaii Island ___ Other Islands

Prime Contractor Past Performance (Mark all applicable types of work):

___ New Work ___ Repair Work ___ Site Improvement ___ Mechanical ___ Security ___ Sensitive Compartmented Information Facilities (SCIF) ___ High Voltage Electrical ___ Historical ___ Fire Protection ___ Asbestos Removal ___ Structural, including caissons/micropiles ___ Foundation experience similar to Hawaii Island ___ Dredging / Breakwater Repair

A PLA is defined as a pre-hire collective bargaining agreement between one or more labor organizations that sets the terms and conditions of employment for a specific construction project, as outlined in 29 U.S.C. 158(f). Starting January 22, 2024, the Final Rule (FAR Case 2022-003) will implement Executive Order (E.O.) 14063, which mandates the use of PLAs for large-scale federal construction projects (defined as projects valued at $35 million or more) within the United States. Contractors and subcontractors involved in such projects must either negotiate or become signatories to a PLA with one or more labor organizations unless an exception is granted. This requirement applies to new solicitations, including task or delivery orders, issued on or after January 22, 2024.

The Government is seeking information to assess whether the use of Project Labor Agreements will: (1) support the Federal Government's goal of achieving economy and efficiency in federal procurement; (2) foster adequate competition at fair and reasonable prices; and (3) align with applicable statutes, regulations, and laws. Input is being requested from both unionized and non-unionized contractors, as well as those with experience in the federal marketplace, including potential new entrants interested in participating in this procurement. Reference is made to Federal Army Regulation (FAR) 22.5 (Use of Project Labor Agreements for Federal Construction Projects), FAR Provision 52.222-33 (Notice of Requirement for Project Labor Agreement), and FAR Clause 52.222-34 (Project Labor Agreement).

To assist in the evaluation as to whether an exception is necessary to the EO 14063 for this specific construction vehicle, the Honolulu District is soliciting information on use of PLAs in the State of Hawaii from the construction community. The Honolulu District invites any interested party (contractors, project owners, contractor associations, labor unions, construction management firms, etc.) to respond and invites comment on the use of a PLA for this proposed project, responding to the questions below:

1. Will your firm submit a proposal for the POH $495M Small Business DB/DBB MATOC with a PLA requirement (PLAs will be required at the task order level exceeding $35M)?

2. How much time do you anticipate for submission of a proposal which includes a PLA requirement to be provided at time of proposal submission, in accordance with FAR Clause 52.222-33?

3. What market share does union labor have in the State of Hawaii?

4. Are you aware of any instances where a PLA has been used on similar project in the local area? If so, please provide supporting documentation?

5. 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.

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

7. Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

8. Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

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

10. Do you have knowledge that a PLA has been used in the local area on projects of this type within the last 2-5 years? If so, please provide supporting documentation with the following items:

a. Project Name and Location.

b. Project Description.

c. Project Cost – comparison of Initial Cost Estimate to Actual Final Cost?

d. Was the project completed on-time?

e. Number of craft trades present on the project?

f. Was a PLA used? (Y/N)

g. Were there any challenges experienced during project? (delays, investigations, health and safety issues, labor shortages, management / organizational issues, etc.)?