B245 PLA Sources Sought.docx

TITLE: SOURCES SOUGHT Project Labor Agreement (PLA) Survey - NIST Modernization of Building 245 Radiation Research Laboratory

Special Notice for Market Research for Use of a Project Labor Agreement (PLA) for design-build construction services for the Modernization of Building 245 Radiation Research Laboratory at Gaithersburg, MD for the National Institute of Standards and Technology (NIST).

Classification North American Industry Classification System (NAICS) Code(s) under the 2-digit sectors for: 23 Construction and 54 Professional, Scientific, and Technical Services utilizing the following typical 4-digit subcodes:

· 2362 Nonresidential Building Construction

· 5413 Architectural, Engineering, and Related Services The full 6-digit codes have not been identified due to the large number related to construction Place of Performance: Gaithersburg, MD 20899, USA

Purpose This is a Special Notice for Market Research / Market Survey for Use of a Project Labor Agreement (PLA) for design-build construction services for the Modernization of building 245 NIST's Gaithersburg, MD campus. This is to determine whether it is in the best interest of the Government to pursue an exception to the requirement for PLAs for this large-scale construction project. This is a NOT a solicitation announcement. No proposals are being requested or accepted with this PLA notice. No contract award will result from this Notice, as it does not constitute a commitment by the Government. Responses to this Notice will be used by the Government in making an appropriate acquisition decision.

Description of Work

NIST is solicitating comments from the construction community addressing the potential use of Project Labor Agreements (PLA) on a FY25 Design-Build construction project on NIST's headquarters campus located in Gaithersburg, Maryland. The project is the modernization of building 245 on the Gaithersburg campus. The B245 Modernization Program supports the construction of new H-Wing and D-Wing Additions and remodeling of the existing wings of B245. Only C, D, and partial A-Wings have been completed to date along with the H & D Additions (approx. 190k GSF). The remaining efforts being considered under Phase II include A-Wing and all of B-Wing (total of approx. 122k GSF) which are pending future funding. The building remains in an interim state, where only the modernized portion has been brought up to code. Existing untouched portions of the building continue to have leaks and are not code compliant.

The remaining modernization effort being considered as Phase II includes:

• A-Wing: Full modernization of 3 major laboratories and support spaces plus ancillary space and an original to the building elevator.

• B-Wing: Full modernization of approximately 30+ laboratories of various sizes and support spaces Waterproofing

• Major excavation work to access mechanical/electrical chases above the A-Wing subbasement laboratories.

• New electrical main closets and distribution throughout the building (main head-end equipment has already been installed). Electrical efforts will continue to modernize the electrical distribution system throughout the building. Includes connection to recently installed UPS and generator.

• New HVAC distribution throughout the building including replacement of 20+ ACU zones to connect to both new and recently installed main system. Includes demolition of existing zones and incorporation into the recently installed larger variable ACUs and installation of remaining energy recovery units.

• Reconfiguration of the main incoming IT room.

• General installation of new fire alarm and fire suppression.

The campus will remain in operation during all construction activities. Access to building must be maintained for employees, visitors, and emergency response. Work is anticipated to be phased to accommodate this requirement.

Magnitude The magnitude of the estimated construction cost range for this project is approximately $180,000,000 and is anticipated as being executed via several task orders under a single award design-build IDIQ.

Federal Acquisition Regulations (FAR) 22.502 Definitions Project labor agreement means 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).

FAR 22.503 – Policy PLAs are a tool that agencies are required to use for the promotion of economy and efficiency in Federal procurement. This is pursuant to Executive Order 14063 for large-scale construction projects where total estimated cost to the Government is $35M or more. PLAs are required unless an exception applies.

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 PLA with one or more labor organizations if the agency decides that the use of PLAs will:

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; Be consistent with law. (Refer also to FAR 52.222-33 Notice of Requirement for PLA and FAR 52.222-34 PLA).

Responses / Requested Information:

Responses must include the following information and shall not exceed a total of ten pages:

1. Would the requirement of a PLA under this project impact your interest in any way? Explain in detail.

2. How much time do you anticipate for submission of a proposal that includes a PLA requirement to be provided at time of proposal submission in accordance with FAR Clause 52.222-33?

3. 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 with the following items:

a. Project Name and Location

b. Project Description

c. Project Cost – Initial Estimate vs. Actual Final Cost

d. Was the project completed on time?

e. Number of craft trades present on the project.

f. Were there any challenges experience during the project (delays, investigations, safety issues, labor shortages, management/organizational issues, etc.)?

4. Are you aware of time sensitive issues/scheduling requirements that would affect the rate at which the referenced project should be completed? If so, please elaborate and provide supporting documentation where possible.

5. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project? If so, please elaborate and provide supporting documentation where possible.

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

7. Identify specific reasons why or how you believe OR do not believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.

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

Letters simply indicating support for or opposition to labor unions Do Not offer any useful information and will not be considered.

After review of the responses to this special notice, the Government intends to decide on whether to pursue an exception to the mandatory use of a PLA or not. The Government will not contact the responders for clarification of information provided. 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 based on 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.

Submission Instructions: Responses shall be submitted via email to garry.kaufman@nist.gov and michael.wigfall@nist.gov no later than 1:00 p.m. EST, February 21, 2025. Please title the subject line of your e-mail as “Modernization of Building 245 PLA Sources Sought”.