DFC Flatwork Design-Build PLA Survey.pdf

Subject: GSA Public Buildings Service Region 8, Office of Acquisition, Product Service Code - Z2LZ

- REPAIR OR ALTERATION OF PARKING FACILITIES, NAICS Code 238990 - All Other Specialty Trade Contractors, Denver Federal Center located in Lakewood, CO.

THIS IS A PROJECT LABOR AGREEMENT SURVEY 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.

This is a SPECIAL NOTICE.

The General Services Administration's Public Buildings Service is soliciting comments from the construction community regarding the potential use of Project Labor Agreements (PLAs) for large-scale construction projects within Lakewood, CO and the surrounding area(s). This PLA survey is being posted for Denver Federal Center (DFC) Flatwork design build project located in the Lakewood, CO.

Provide your response no later than 11am, Mountain Time, October 21, 2024 to william.fawcett@gsa.gov

Description of Work: DFC Flatwork project will be design build, NAICS Code 238990 - All Other Specialty Trade Contractors, with a magnitude of $25,000,000 - $35,000,000.

The U.S. General Services Administration (GSA), Public Buildings Service, Region 8, Rocky Mountain Region is seeking highly qualified Construction firms interested in participating in an opportunity to design and build several infrastructure items on the Denver Federal Center (DFC).

The infrastructure items in this project may include but are not limited to the following:

● Full campus design of electric vehicle (EV) charging infrastructure

● Installation of 20-40 electric vehicle charging stations

● Replacement or repair of 3 vehicle bridges and a pedestrian bridge

● 2 box culvert repairs

● Replacement of an undetermined length of 6” domestic water piping

● Campus-wide vehicle roadway paving

● Replacement of the campus perimeter security fence

● Repaving of as many as 40 parking lots on the campus totaling 2.7 to 3 million square feet (SF), which will include the installation of conduit for electric vehicle charging infrastructure and the redesign and upgrade of connected ramps and pathways to meet ABAAS and P100 compliance. As this project is funded by the Inflation Reduction Act, all asphalt and concrete in this project will be required to meet the Low Embodied Carbon standards as delineated in GSA’s LEC Requirements

Definition: A 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 as defined in Subpart 22.5 of the Federal Acquisition Regulation.

Pursuant to the FAR, agencies are required to use PLAs in large-scale construction projects unless an exception applies. All PLAs must include:

● Provisions that bind all contractors and subcontractors on the construction project to the agreement;

● Allow all contractors and subcontractors on the construction project to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

● Contain language that guarantees against strikes, lockouts, and similar job disruptions;

● Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement (i.e. grievance/arbitration procedures),

● Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health;

● Specify the wages and fringe benefits of all classification or crafts working on the project; and

● Fully conform to all statutes, regulations, Executive Orders, and Presidential Memoranda.

● One or more labor organizations involved in the construction work.

The intent of the use of PLAs is to advance the Government’s interests in achieving economy and efficiency in Federal procurement—including, by promoting quality assurance, efficient and on-time completion, and stability. In consideration of the above information and any other factors which may be deemed appropriate, the construction community is invited to comment on the use of PLAs for these general types of flatwork projects. The Government intends to use the responses to the attached questionnaire for one year as a determination on whether or not to incorporate a PLA for general construction projects in the Denver-metro area. This survey is for planning purposes only and shall not be construed as a Request for Proposals or as an obligation on the part of the Government. The Government does not intend to award a contract on the basis of the market survey or otherwise pay for the requested information nor will the Government provide a debriefing. All information will be held in strict confidence and will only be used for the intended purpose.

1) How likely is it that your firm will submit a proposal in response to a solicitation which requires the use of project labor agreements and if not likely why?

2) If you answered, no, to question 1, what additional information or resources would you need to assist you in developing a proposal for procurements which require a project labor agreement?

3) What craft(s) or trade(s) would you expect to be employed on this project?

a) Will the craft(s) or trade(s) consist of union skilled trades for at least part of this project?

If so, identify which ones.

b) Which skills will be needed that are typically not unionized? If so, identify which ones.

4) Will the project require specialized construction? Identify the specialized work, the staffing needs, the number of contractors available Denver-metro area or nearby regions that can perform the specialized work include contact information for those contractors/subcontractors, etc.

5) Does the local market contain the sufficient number of available skilled workers for this project?

Explain the response and include any information on registered apprenticeship programs in the area.

6) Are there concerns on the availability of skilled union or non-union construction labor (i.e., is there a shortage of specific skilled labor in the region)? Provide a detailed response including quantifiable data and reference any data sources.

7) Are the other projects in the vicinity going to limit the pool of skill labor available for your project? Provide a detailed response including quantifiable data and reference any data sources.

8) Is the estimate the duration for the completion of the described construction project less or more than 12 months? Provide any historical data supporting the time frame including project management charts or other supporting documentation.

9) Have similar construction projects been conducted before within the Denver-metro area? If so, please provide a list of recent (2-3 years) construction projects in the local labor market of the project under consideration. Include the following items:

a) Project Name/Location

b) Project Description

c) Initial Estimated Cost

d) Actual Final Cost. Please indicate if there was a cost impact to the bid due to a PLA.

e) Was the project completed on time?

f) Number and type of craft trades working on the project?

g) How many of the workers were unionized vs how many from open shops?

h) Were PLA, CBA, or community workforce agreements (CWA) used on the project?

i) Were registered apprentices used? If so, to what extent? i.e. ratio of apprentice to journeyman

j) What if any challenges were experienced during the project (e.g. strikes, unresolved disputes between the different unions, delays which impacted the completion of the contract due to a PLA, etc)?

10) Are there small businesses in the Denver-metro area or nearby regions that would qualify to respond to a construction project of this magnitude? If so, please provide detailed contact information for the businesses.

11) Follow up question to #8, are there qualified small businesses using or are willing to use PLAs?

12) What is the best or proven strategy for ensuring interest qualified construction contractors are notified of the request for proposal/quotations?

a) Is there a list of qualified construction contractors with use of PLA, CBA, or CWA experience? If so please provide a link or provide a list with contact information.

b) Are there particular avenues that would maximize the probability of construction agencies being informed of the GSA solicitation? If so please provide a link or provide a list with contact information.

13) Are investments have been made to support registered apprenticeship programs? Please describe.

14) Are Collective Bargaining Agreements (CBAs) being used in the Denver-metro area or nearby regions for construction projects of lesser scope in the area? Identify the CBAs and the parties to the CBA if applicable.

a) If so,which CBAs are likely to expire during the course of the project under consideration that might cause delays? Identify the CBAs and the parties to the CBA if applicable.

15) How do open shop and union wage rates influence prevailing wage rates in the local market and compare to Davis Bacon rates?

16) What impact does unionization in the Denver-metro area or nearby regions have on wages?

Explain response including current market conditions and the extent to which price fluctuations (i.e., cost of labor, materials, supply chain, strike negotiations) may be attributable to the difference in pricing.

17) What market share does union labor have in the Denver-metro area or nearby regions area for this project or type of construction?

18) Could a PLA contribute to cost savings in any of the following ways? For example:

● Harmonization of shifts and holidays between the trades to cut labor costs

● Minimization disruptions that may arise due to expiration of CBA

● Availability of trained, registered apprentices, efficient for highly skilled workforce?

● Allowing for changes in apprentice to journeyman ratio.

● Serving as a management tool to ensure the efficient coordination of highly skilled workers from multiple trades.

● Other, please specify

19) Could a PLA minimize or increase risk and contribute to greater or lesser efficiency in any of the following ways?

● Help avoid delays or cause delays.

● Increase or decrease compliance with Davis Bacon and other labor standards, safety rules and EEO and OFCCP laws.

● Ensuring a steady supply of skilled labor in markets with low supply or high competition for workers.

● Reduce the number of skilled labor in the market.

20) Are there any known statutes, regulations, Executive orders, or Presidential memoranda that would prevent the use of PLA on this project, state, or region? If so please identify specific law and reason why use of PLA would be inconsistent with the intent of that law.

21) What is the estimated cost of providing the services with and without the use of project labor agreements on labor (burdened and unburdened) costs? Identify the labor category, labor mix, number of positions per category, number of hours, rate per hour, and fringe benefits.

22) Could the use of PLAs contribute to cost sayings by (provide information for why an affirmative or negative response was given):

a) Harmonizing shifts, vacation, and holidays between the trades to cut labor cost?

b) Minimizing disruptions to work completion?

c) Optimizing the availability of construction workers?

d) Capitalizing on its use as a management tool to ensure highly skilled workers from multiple trades are efficiently coordinated?

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