A01.04-W9123819B0001_PLA_Market_Research_Notice.pdf

W9123819B0001

Reach H Levee Improvement Construction Project.

BACKGROUND

This is a PROJECT-LABOR AGREEMENT MARKET RESEARCH NOTICE, to generate market research on the applicability of a project labor agreement for Reach H Levee Improvement Construction

Project, Sacramento, CA. NO AWARD will be made from this notice. Interested parties are invited to provide feedback and information relative to project labor agreements to Contract Specialist Gregory

Treible at Greg.L.Treible@usace.army.mil.

PROJECT DESCRIPTION

The Natomas East Main Drainage Canal west levee requires cutoff wall improvements from the pumping station just upstream of Dry Creek downstream (south) to Arden-Garden Connector Bridge. The length of this reach is approximately 4.0 miles. The general improvements include improving the existing levee by fix in-place construction, installation of a seepage cutoff wall with a depth of approximately 30-70 feet, and flattening the landside levee slope. There are two pump-stations which will require the discharge pipes to be raised. Installation of a landside maintenance road. The methods determined to be technically acceptable to the constructability of Reach H include conventional long reach excavation or One Pass

Trench. Materials to be used include Slag-Cement Cement Bentonite (SCCB) at three required locations;

and either Cement Bentonite (CB) or One Pass Trench (OPT) can be used at any other location indicated to have cutoff wall.

In accordance with the DFAR 236.204(ii), the magnitude disclosure of this construction project is between $25M and $100M.

This proposed contract action will be conducted using FSC Code: Y1LC, Construction of Tunnels and

Subsurface Structures and North American Industry Classification System Code (NAICS): 237990 Other

Heavy and Civil Engineering Construction and the small business size standard is $36.5 million.

PROJECT-LABOR AGREEMENTS

A project labor agreement 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) 22.503

Policy provides that:

(a) Project Labor Agreements are 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 a 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 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; and

(2) Be consistent with law. (Refer also to FAR 52.222-33 Notice of Requirement for Project

Labor Agreement and FAR 52.222-34 Project Labor Agreement).

Interested parties are encouraged to submit information regarding project labor agreements, including answering the following questions. Please note, information related to project labor agreements must be sent to Gregory Treible at Greg.L.Treible@usace.army.mil:

1. Has a project like this been done before in the local market?

2. Do you have knowledge that a PLA has been used in the local area on projects of this kind? Have

PLAs been used on this type of project in other regions? If so, please provide supporting documentation?

3. What trades do you expect to utilize on this project? Are you likely to need some union skilled trades for at least part of this project?

4. 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.

5. Are you aware of any projects in the immediate and surrounding geographic region that would divert potential resources from this project? Please provide the name, description, and location of the project, and expected impact.

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

7. What market share does union labor have in the geographic area for this project or type of construction?

8. What investments have been made to support registered apprenticeship programs? Please provide supporting documentation.

9. Which CBAs are likely to expire during the course of this project that might cause delays?

10. How do open shop and union wage rates influence prevailing wage rates in the local market and compare to Davis Bacon rates? What impact does unionization in the local market have on wages? Please provide supporting documentation.

11. Could a PLA contribute to cost savings in any of the following ways?

Harmonization of shifts and holidays between the trades to cut labor costs?

Minimizing disruptions that may arise due expiration of CBA?

Availability of trained, registered apprentices, efficient for highly skilled workforce?

Allowing for changes in apprentice to journeyman ratio.

Serving as a management tool that ensures highly skilled workers from multiple trades are coordinated in the most efficient way.

Other

12. Could a PLA minimize risk and contribute to greater efficiency in any of the following ways?

Mechanisms to avoid delays

Complying with Davis Bacon and other labor standards, safety rules and EEO and OFCCP laws.

Ensuring a steady supply of skilled labor in markets with low supply or high competition for workers.

13. Are there ways in which a PLA might increase costs on this particular project?

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

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

16. Please identify any additional information you believe should be considered on the use of a PLA on the referenced project.

17. Please identify any additional information you believe should be considered on the non-use of a

PLA on the referenced project

The information gathered in this exercise should include the following information on projects completed in the last 2-5 years:

Project

Name /

Location

Detailed

Project

Description

Initial

Cost Est. /

Actual final cost

Was the project completed on-time?

Number of craft trades present on the project

PLA

(Y/N)

Were there any challenges experienced during project?

(delays, investigations, health and safety issues, labor shortages, management/ organizational issues, etc)

1)

2)

3)

The Government will use the information as requested above, to determine whether a PLA is in the best interest of the Government under this project. The Government will consider the following areas in its determination. The decision to use or not use a PLA will be based on an overall assessment of project economies and efficiencies to be realized from either course of action and was not merely a function of the number of boxes checked or questioned answered yes or no:

1. The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades.

2. There is a shortage of skilled labor in the region in which the construction project will be sited.

3. Completion of the project will require an extended period of time.

4. Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project.

5. A project labor agreement will promote the agency’s long term program interests, such as facilitating the training of a skilled workforce to meet the agency’s future construction needs.

6. There are collective bargaining agreements (CBAs) for key trades that will expire during the course of the project.

7. The unique and compelling schedule requirements of a particular project (e.g., the project is tied to court-imposed deadlines or has a mission-critical schedule).

8. A PLA will provide an opportunity for registered apprentices to participate in the project.

9. A PLA would not contribute to the economy or efficiency for the project under consideration.

10. Any Additional Relevant Factors (Provide any additional project or situation specific details, information or factors (e.g., results of the labor market survey, other projects in the vicinity, etc.)

Interested parties that previously provided PLA information, are encouraged to update their submission to include the additional information requested above.

Please notify this office in writing by email by the due date and time specified in www.fbo.gov for this action. Submit your project labor agreement response and information through email to:

Greg.L.Treible@usace.army.mil. Please include the Notice number W9123819B0001 in the subject line.

http://www.fbo.gov/ mailto:Greg.L.Treible@usace.army.mil