PLA Market Research JBE087.pdf

Special Notice for Market Research for Use of a Project Labor Agreement on Alaska District Corps of Engineers Project JBE087 Ted Stevens Center, JBER, Alaska.

Classification Code: Z2JZ – Repair or Alteration of Miscellaneous Buildings

NAICS Code: 236220 – Commercial and Institutional Building Construction

Synopsis: This is a request for information. This is not a Request for Proposals (RFP), Request for Quote (RFQ), or an Invitation for Bid (IFB) and it shall not be construed as an obligation on the part of the Government. There will be no solicitation, specification, or drawings available at this time. This is not an announcement of the availability of a solicitation nor is it a means of generating a plan holder’s list.

The Corps of Engineers, Alaska District is soliciting comments from the construction community from the construction community addressing the use of Project Labor Agreements (PLA) for construction projects (including new work, additions, alterations, and repairs) use of a Project Labor Agreement (PLA). The particular construction project is FY24 Design Build project JBE087, Ted Stevens Center at JBER Alaska. 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). Effective January 22, 2024, Final Rule (FAR Case 2022-003), implements Executive Order (E.O.)

14063, Use of PLAs for Federal Construction Projects, which requires the use of PLAs in large-scale (defined as $35 million or more) Federal construction projects within the United States. Contractors and subcontractors working on large-scale construction projects must negotiate or become party to a PLA with one or more labor organizations unless an exception is granted. This requirement applies to new solicitations, including task or delivery orders, issued on or after January 22, 2024.

The Government is requesting information to determine if the use of project labor agreements will (1) advance the Federal Government's interest in achieving economy and efficiency in Federal procurement; (2) promote adequate competition at a fair and reasonable price; and (3) be consistent with statutes, regulations, laws etc. The Government is seeking information from both unionized and non-unionized contractors, as well as contractors familiar with the federal marketplace as well as new entrants, that may be interested in participating in competition for this procurement. Reference is made to: FAR 22.5 Use of Project Labor Agreements for Federal Construction Projects;

FAR Provision 52.222-33 Notice of Requirement for Project Labor Agreement; and FAR Clause 52.222-34 Project Labor Agreement.

In consideration of the above factors and in order to assist in the evaluation as to whether an exception is necessary to the EO 14063 for this specific construction project, the Alaska District is soliciting information on historical use of PLAs in Alaska from the construction community. The Alaska District invites any interested party (contractors, project owners, contractor associations, labor unions, construction management firms, etc.) to respond and invites comment on the use of a PLA for this proposed project, responding to the questions below:

1. Will your firm submit a proposal for the JBE087 Ted Stevens Center, JBE, AK with a PLA requirement?

2. Is your firm union or non-union?

3. Has your firm previously worked on a project which included a PLA?

4. Do you have knowledge that a PLA has been used in the local area on projects of this kind within the last 3-6 years? If so, please provide supporting documentation with the following items:

a. Project Name and Location

b. Project Description

c. Project Cost – Initial Cost 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 experienced during the project (delays, investigations, safety issues, labor shortages, management/organizational issues, etc.)?

5. How much time do you anticipate for submission of a PLA with a proposal in accordance with FAR Clause 52.222-33?

6. What market share does union labor have in the Anchorage, Alaska geographical area?

7. Would a PLA contribute to cost savings on the JBE087 project? If so, how?

8. Could a PLA minimize risk to the Government on the JBE087 project? If so, how?

9. Are there ways a PLA would increase costs on the JBE087 project? If so, how

10. Are there skilled labor shortages in the area this project will be performed for those crafts that will be needed to complete this referenced project?

11. Are there time sensitive issues/scheduling requirements that would affect the rate at which this construction project should be completed?

Please limit your responses to NO MORE THAN THREE (3) PAGES IN LENGTH.

LETTERS SIMPLY INDICATING SUPPORT FOR OR OPPOSITION TO LABOR

UNIONS AND/OR PLAs 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. Please provide your comments via email to Dr. Yolanda M Ikner, at yolanda.m.ikner@usace.army.mil, and Theresa Afrank, at Theresa.m.afrank@usace.army.mil, NO LATER THAN 2 Feb 2024.

Contracting Office Address:

ATTN: CEPOA-CT

P.O. Box 6898 JBER, Alaska 99506-6898 United States

Place of Performance:

Joint Base Elmendorf-Richardson, Alaska

Primary Points of Contact:

Dr. Yolanda M. Ikner Yolanda.m.ikner@usac.army.mil Office Phone: 907-753-2553

Theresa Afrank Theresa.m.afrank@usace.army.mil Fax: 907-753-2739