A.02.09_PLA Notice for NCSRM MATOC 23R4003.pdf

20 October 2022

PROJECT LABOR AGREEMENT NOTICE

W9123623S4003: Norfolk CSRM Phase 1 – Downtown MATOC Project located in Norfolk, Virginia.

The Corps of Engineers Norfolk District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for the following large scale (exceeding $35 Million) construction project: Construction of the Norfolk Coastal Storm Risk Management (CSRM) – Phase 1 Multiple Award Task Order Contract (MATOC) Project located in Norfolk, Virginia.

NOTE: This is NOT a Request for Proposal and does not constitute any commitment by the Government.

Responses to this labor market survey will be used by the Government to make appropriate acquisition decisions. All interested sources must respond to future solicitation announcements separately from responses to this market survey.

Project Description:

As a result of Hurricane Sandy in October 2012, Congress passed P.L. 113-2, a portion of which directed actions for USACE to take, including preparation of two interim reports to Congress, a project-performance evaluation report and comprehensive study to address the flood risks of vulnerable coastal populations in areas affected by Hurricane Sandy within the boundaries of North Atlantic Division, U.S.

Army Corps of Engineers. The North Atlantic Coast Comprehensive Study, identified nine high-risk areas, including the city of Norfolk, warranting an in-depth investigation into the feasibility of federal investment in coastal storm risk management solutions.

The Norfolk Coastal Storm Risk Management (CSRM) Study recommended a coastal storm risk management plan that includes structural, nonstructural and natural and nature-based features. The citywide CSRM Program is split into five (5) implementation phases. This MATOC is intended to cover Phase 1, which is split into Phases 1A and 1B. Phase 1 covers the downtown Norfolk area which extends from Ghent through Downtown Norfolk, connecting to the Ohio Creek Watershed project. The scope may include, but is not limited to, new construction of a floodwall, levee system, tide gate, sliding or swinging gate closures, living shoreline features, and pumps stations with required utility relocations and installation for the noted areas. The Contractor shall be required to perform all work in accordance with the access and security requirements of the customer for each project.

Please visit the Norfolk CSRM Project page for more information: https://ncsrm-usacenao.hub.arcgis.com/ .

https://ncsrm-usacenao.hub.arcgis.com/ https://ncsrm-usacenao.hub.arcgis.com/

W9123623S4003 NORFOLK CSRM Phase 1 PLA Notice

Figure 1. Phase 1A and 1B of the Norfolk Costal Storm Risk Management Project.

Supplementary Requirements:

The Norfolk MATOC will cover Design-Build (DB) and Design-Bid-Build (DBB) construction and may consist of approximately five (5) Firm-Fixed (FFP) Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts. Competitive task orders will be issued through DB or DBB infrastructure construction projects in support of CSRM within the City of Norfolk (location shown in Figure 1). The MATOC is anticipated to have a five (5) year base ordering period with an optional six (6) month extension.

There will be a two-phase solicitation in accordance with FAR 36.3 to establish the MATOC base contract award. Funding sources for the proposed contracts may include Bipartisan Infrastructure Law (BIL), Construction General Federal funding, City of Norfolk funding, and any other authorized type of funding.

In accordance with DFARS 236.204, the Magnitude of Construction is between $250M and $500M. The task orders may range from $30M to $200M per individual project with an anticipated overall capacity of $499M.

PLA Questions for Industry:

1. PLA is defined as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f).

2. In accordance with FAR 22.503, an agency may, if appropriate, require that every contractor and subcontractor engaged in construction on the project agree, for that project, to negotiate or become a party to a Project Labor Agreement with one or more labor organization if the agency decides that the use of Project Labor Agreements will:

a. Advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement, producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters; and

b. Be consistent with law. *

* Reference: FAR Provision 52.222-33 Notice of Requirement for Project Labor Agreement and FAR Clause 52.222-34 Project Labor Agreement.

In consideration of the above factors, and any others which may be deemed appropriate, the construction community is invited to comment on the use of PLAs. Of particular interest to the Government are responses to the following questions:

1. 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.

2. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project? Are there large-scale construction projects in the area (over $35M, within 50 miles of Norfolk, VA), which could impact availability of skilled labor for this project? What is the anticipated volatility in the labor market for the trades required for execution of the project? Please provide supporting documentation.

3. 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.

4. Is the proposed schedule/completion time one which would benefit for a PLA – if so, how? Will a PLA impact the completion time? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

5. Are there any concerns regarding labor-management stability related to this project? Will the use of a PLA produce labor-management stability on this project? Have labor disputes or other labor issues contributed to project delays in the local area? Are you aware of examples of labor-management conflicts in the area which could impact the efficiency of this project, which a PLA could positively impact/resolve?

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

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

8. Please identify any additional information you believe should be considered on the use of a PLA on the referenced project.

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

The information gathered in this exercise should include the following information on projects completed in the last 2-5 years:

1. Project Name and Location.

2. Detailed Project Description.

3. Initial Cost Estimate vs. Actual Final Cost.

4. Was the project completed on time?

5. Number of craft trades present on the project.

6. Was a PLA used?

7. Were there any challenges experienced during the project?

Please provide your comments via e-mail to Mrs. Raven Sasser, Contract Specialist, at Raven.D.Sasser@usace.army.mil, and a copy to Mr. Brady L. Hales, Contracting Officer, mailto:Raven.D.Sasser@usace.army.mil at Brady.L.Hales@usace.army.mil no later than 10:00 AM Eastern Standard Time (EST) on Wednesday, 03 November 2022.

mailto:Brady.L.Hales@usace.army.mil