B04_Project Labor Agreement PLA_USDA Fruit Fly Rearing and Release Facility_W9126G-21-B-0006.pdf

Title: W9126G-21-B-0006, U.S. Department of Agriculture Rearing, Eclosion and Release Facility, Moore Air Base, Edinburg, Texas

Fort Worth District Corps of Engineers Soliciting Comments on the Potential Use of Project Labor Agreements (PLAs) at

U.S. Army Engineer District, Fort Worth ATTN: CESWF-CT MAJ Brown, Kelly E. at Kelly.E.Brown@usace.army.mil Post Office Box 17300 or 819 Taylor Street (2A17) (Send Via Email) Fort Worth, TX 76102-0300

The Corps of Engineers Fort Worth District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) from large scale construction projects (exceeding $25 million). This market survey is being posted for the U.S. Department of Agriculture Rearing, Eclosion and Release Facility, Moore Air Base, Edinburg, Texas. This will be a solicitation for a construction contract award for Fiscal Year 2021.

THIS IS A PROJECT LABOR AGREEMENT SURVEY PURPOSE ONLY. THIS IS NOT A REQUEST

FOR PROPOSAL, REQUEST FOR QUOTE, OR INVITATION FOR BID. THERE WILL NOT BE A

SOLICITATION, SPECIFICATIONS, OR DRAWINGS AVAILABLE AT THIS TIME.

Background / Scope Summary:

The Mexican Fruit Fly (Mexfly) Rearing, Eclosion and Release Facility (FFRRF) will support the U.S.

Department of Agriculture (USDA) Preventive Release Program with the goal of releasing 200 million sterile male Mexflies per week. The project is an essential component in the USDA quality-controlled process of maintaining the Mexfly population by facilitating the rearing, irradiation and eclosion procedures. The production operation consists of four distinct operational areas: Rearing, Irradiation, Eclosion and Administration.

This project is located on the Moore Air Base campus in Edinburg, Texas on approximately 17 acres immediately west of the existing facility, water treatment plant and acid-dilution building. The overall construction portion, of this DBB project, consists of two separate phases (i.e., Phase 1 and Phase 2) that are designed to build two separate buildings – one building in Phase 1 and another building in Phase 2.

Both buildings will be one-story structures and eventually collectively become a complete Rearing and Eclosion Release Facility (RERF). The new Phase 1 building will be used for Rearing, Irradiation and Administration functions whereas the Phase 2 building will be used for Eclosion and Release functions.

Project Labor Agreement:

A Project Labor Agreement (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). Federal Acquisition Regulation (FAR) 22.503 Policy provides that:

(a) PLAs are a tool that agencies may use to promote economy and efficiency in Federal procurement.

Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects.

(b) 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 organizations if the agency decides that the use of project labor agreements will:

(1) Advance the Federal Governments 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

(2) Be consistent with law.

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

Some of the factors that may be considered regarding their use are:

a.) The involvement of multiple contractors and/or subcontractors working in multiple crafts or trades.

b.) The complexity of the project.

c.) Shortage of skilled labor in the region.

d.) Completion of the project will require an extended period of time.

e.) The use of PLA's on other comparable projects.

f.) The promotion of the Governments long term programs interests such as training of skilled workforce for future projects.

g.) The possibility of labor disputes that threaten timely completion.

h.) Additional costs from use of PLAs may be cost prohibitive.

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

a. Should PLAs be executed on selected large dollar contracts within the above referenced location by the Fort Worth District? What other factors should the Corps consider before deciding to include PLA provisions in a Fort Worth District contract? What type of project should or should not be considered for

PLA?

b. Is the use of PLAs effective in achieving economy and efficiency in Federal procurement? What is the estimated relative cost impact, or any other economies or efficiencies derived by the Federal Government, if using PLAs? Will a PLA impact the cost of submitting an offer?

c. Is the use of PLAs effective in producing labor-management stability? Have labor disputes or other labor issues contributed to project delays in the local area?

d. Is the use of PLAs conducive to ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other relevant matters? Are there instances where these standards have not been met on Federal contracts in the local area? Were PLAs used for those specific contracts?

e. Projects will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades. Do you foresee any work on projects that may result in both the prime contractor and at least one subcontractor, or two or more subcontractors, employing the same trade?

f. Are there concerns by prime contractors on the availability of skilled construction labor? Information may reference current apprenticeship statistics and workforce age demographics.

g. Completion of anticipated projects will require extensive performance periods. Will a PLA impact the completion time? What is the anticipated volatility in the labor market for the trades required for the execution of the project? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

h. Where have PLAs been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of this project?

i. Will the use of PLAs impact the ability of potential Offerors and subcontractors to meet small-business utilization goals?

Please provide your comments via e-mail to Contract Specialist MAJ. Kelly E. Brown, at kelly.e.brown@usace.army.mil and Contracting Officer, Robert M. Duran at robert.m.duran@usace.army.mil no later than 2:00 p.m., Thursday, 5 November 2020.