PLA SpecialNotice W9126G22U8102 CR Phase 1.pdf

Soliciting Comments on Potential Use of Project Labor Agreements

SOLICITATION NUMBER: W9126G22U8102

Description:

PLA SYNOPSIS:

The Fort Worth District Corps of Engineers is soliciting comments from the construction community addressing the potential use of Project Labor Agreements, (PLAs), for a large scale construction contract, (exceeding $25 million) for the following project:

Project Description: Lower Colorado River Phase 1 Construction Project

Project Location: Wharton, Texas

Summary: This project involves constructing levee system along the Colorado River (CR) using excavated material from the designed interior drainage sumps, minor floodwalls, and interior drainage features. The excess spoils will be disposed of at identified spoil disposal locations. All elevations will be reported in NAVD88 unless otherwise indicated. (NGVD29 = NAVD88 + ~2 inches)

CR Phase 1 consists of a levee system with approximately 12,350’ of earthen levees with an average height of 8’ (elevation ~ 112.5’) with an approximate 80’ wide levee base (4:1 slope) along the northern Colorado riverbank. It has 5 interior drainage sumps to include approx. 20,150 SY of wetland mitigation to collect and mitigate interior drainage from inside the City of Wharton. Excavation of the interior drainage sumps vary with the planned lower elevations as follows: Rust 95’, Vineyard 87’, Wetland 81’, Harrison 87’, Panes 79’, Sunset – 98’). There will be a drainage system installed along/below Hughes Street to also facilitate interior drainage. This effort will demolition and excavation to install box culverts and repair of pavement and sidewalks with lowest elevation at 89.5’. Existing utilities are to be relocated by the Non-Federal Sponsor (NFS).

DFAR 236.204 Disclosure of the magnitude of construction projects. Range of Magnitude: Between $25,000,000 and $100,000,000. Period of Performance: 540 calendar days after notice to proceed, estimated.

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 described in 29 U.S.C. 158(f).

Federal Acquisition Regulation, (FAR), Policy Subpart 22.503:

a.) Project Labor Agreement, (PLA), is a tool that agencies may use to promote economy and efficiency in Federal Procurement. Pursuant to Executive Order 13502, Agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects.

b.) 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 party to a project labor agreement with one or more labor organizations if the Agency decides that the use of project labor agreements will:

1.) Advance the Federal Government's interest in achieving economy and efficiency in Federal procurement, produce-labor management stability and ensure compliance with laws and regulations governing safety and health. Equal opportunity, labor and employment standards and other matters and...

2.) Be consistent with law.

Some of the factors that may be considered regarding their use are:

a.) The involvement of multiple contractors and/or subcontractors working in multiple crafts or trades.

b.) The complexity of the project.

c.) Shortage of skilled labor in the region.

d.) Completion of the project will require an extended period of time.

e.) The use of PLA's on other comparable projects.

f.) The promotion of the Governments long term programs interests such as training of skilled workforce for future projects.

g.) The possibility of labor disputes that threaten timely completion.

h.) Additional costs from use of PLAs may be cost prohibitive.

Please reference FAR Provision: 52.222-33 "Notice of Requirement for Project Labor Agreement" and FAR Clause: 52.222-34 Alternate I (May 2010) "Project Labor Agreements."

In consideration of the above factors and any others which may be deemed appropriate, the construction community is invited to comment on the use of PLA's. Of particular interest to the Government are responses to the following questions:

a.) Do you have knowledge that a PLA has been used in the vicinity of Starr County, Texas on projects of this kind? If so, please provide supporting documentation.

b.) 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.

c.) 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.

d.) Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

e.) Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

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

h.) To your knowledge, where have PLA's been used on comparable projects undertaken by Federal, State, Municipal or private entities in the Starr County, Texas area?

i.) Will the use of PLA's impact the ability of potential Offerors and/or subcontractors to meet their Small Business utilization goals?

Note: For yes or no answers, please provide a supporting narrative.

Please provide your comments via email ONLY to: robert.m.duran@usace.army.mil and clyde.l.gardner@usace.army.mil no later than close of business on 11 November, 2021 Central Time

4:00 PM.

mailto:robert.m.duran@usace.army.mil mailto:clyde.l.gardner@usace.army.mil

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