PLA Request for Information.pdf

PROJECT LABOR AGREEMENT (PLA) REQUEST FOR INFORMATION (RFI)

FOR MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR DESIGN-BUILD (DB) AND

DESIGN-BID-BUILD (DBB) NEW CONSTRUCTION, RENOVATION, ALTERATION, AND REPAIR

FOR LARGE GENERAL CONSTRUCTION PROJECTS PRIMARILY LOCATED IN PORTSMOUTH

NAVAL SHIPYARD (KITTERY, MAINE) AND NORFOLK NAVAL SHIPYARD (PORTSMOUTH,

VIRGINIA) IN SUPPORT OF THE SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM

(SIOP)

Rev.1 January 26, 2024 1

This is a request for information/market survey. This is not a request for proposal, request for quote, or an invitation for bid. There will be no solicitation, specification, or drawings available at this time.

NAVFAC Atlantic is soliciting comments from the public addressing the potential use of Project Labor

Agreements (PLA) for the following construction project. The construction project is for a waterfront facility for Dry Dock 3 Modernization. Construction may include, but is not limited to, rebuilding the caisson seats with deep foundations, refurbishing the dock floor and walls, pinning the concrete floor, constructing a wet well and pump house to replace the existing pumpwell, rerouting all utilities into a new utility trench around the dock perimeter, and replacing the dry dock’s surrounding rail systems located in the State of Virginia. Project will be design-bid-build. NAICS Code: 237990. In accordance with FAR Subpart 22.5, this MACC’s minimum and maximum task order value is $3M and $500M, respectively, therefore it is anticipated that Project Labor Agreements (PLA) will be required for some task orders issued under this MACC.

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 described in 29 U.S.C. 158 (f). Federal Acquisition Regulation (FAR) policy states:

Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use PLAs in large-scale construction projects (defined as a construction projects with a total estimated cost at or above $35M) to promote economy and efficiency in the administration and completion of Federal construction projects. When awarding a contract in connection with a large-scale construction project, agencies shall require use of a PLA for contractors and subcontractors engaged in construction on the project, unless an exception(s) at FAR 22.504(d) applies. Reference is made to: FAR Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects;

provision, FAR 52.222-33 Notice of Requirement for Project Labor Agreement; and to clause, FAR

52.222-34 Project Labor Agreement.

In consideration of the above factors, and any others which may be deemed appropriate, the public is invited to provide responses on the use of a PLA for this construction project utilizing the attached questionnaire.

This is not an announcement of the availability of a solicitation nor is it a means of generating a plan holder’s list. This survey is for planning purposes only and shall not be construed as a Request for

Proposal or as an obligation on the part of the Government. The Government does not intend to award a contract on the basis of this market survey or otherwise pay for the requested information. The

Government will not provide a debriefing on the results of this survey. All information will be held in a confidential manner and will only be used for the purposes intended.

Responses shall be submitted on the attached questionnaire via email to Brandi Upton, brandi.j.upton.civ@us.navy.mil no later than 2:00 PM EST on 26 April 2024.

mailto:brandi.j.upton.civ@us.navy.mil

PLA Questionnaire

Questions Responses

1) Are you responding as a representative of a government entity, union, contractor (union or non-union) and/or qualified small business?

2) Would the work involve specialized construction that is available from only a limited number of contractors or subcontractors? Explain in detail.

3) What is your understanding of the availability of union labor and non-union labor in this area for this type of project? Are you otherwise aware of national, regional, or local interest in participating in this project by union or non-union contractors.

Explain in detail.

4) As a qualified contractor for a project of this type, would you be interested in participating in this project?

Would the requirement of a Project Labor Agreement (PLA) under this project impact your interest in any way? Explain in detail.

5) Are you aware of PLAs having been used on other similar construction projects in the area and/or other nearby areas?

Explain in detail.

6) How do union wage rates compare to prevailing wage rates for this type of project and in this area, i.e., prevailing wage rates under the Construction Wage Rates Requirements statute

(formerly known as the Davis-Bacon Act). Explain in detail.

7) Are there any ways in which the requirement of a PLA might increase costs on a project of this type in this area? Explain in detail.