PLA Request for Information N6247324R5227.docx

Project Labor Agreement (PLA) Request for Information (RFI) for Construction Project for P-1238 CONSTRUCTION OF GRID STABILITY & RESILIENCY 10MW BATTERY ENERGY STORAGE MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS in the State of CALIFORNIA

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.

Naval Facilities Engineering System Command (NAVFAC) Southwest (SW) 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 the design and construction of P-1238 Construction of Grid Stability & Resiliency 10MW Battery Energy Storage. Construction may include, but is not limited to, the design and construction of a total of 10 MW/40MWh (6.0MW/24MWh at cogeneration site 1 and 4.0MW/16MWh at cogeneration site 2) of Battery Energy Storage Systems (BESS) at two (2) locations on MCAGCC, Twentynine Palms located in the State of California. Project will be design-build. NAICS Code: 237130. The magnitude of construction is anticipated to be $43M. General period of performance is anticipated to be approximately 913 calendar days.

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.

In light of recent court decisions on PLAs, the Government is seeking additional information on the use of PLAs for this project. This survey is for planning purposes only and shall not be construed 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 Kathryn Cranford at kathryn.r.cranford.civ@us.navy.mil no later than 2:00 PM Pacific Time (PT) on 11 June 2025.

Project Labor Agreement (PLA) Questionnaire

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 PLA under this project impact your interest in any way? If you have submitted an offer under this solicitation, would you continue to compete for this project if the solicitation is amended to require a PLA? (ONLY ask in Option C scenario) 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.

Rev.2 June 3, 2025 1