Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU24B0009

X 9B. DATED (SEE ITEM 11)

28-Mar-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 0001 is hereby issued to provide answer to the PLA RFI ONLY.

Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER AND AWARD) as Amendment No. 0001. Failure to acknow ledge all amendments may be cause for rejection of the bid.

**********************************THIS AMENDMENT DOES NOT EXTEND THE BID OPENING DATE*****************************

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION

NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE

DATE

24 Apr-2024

CODE

U.S. ARMY CORPS AND ENGINEERS - PHILA

1650 ARCH STREET

PHILADELPHIA PA 19103

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912BU24B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

PLA RFI RESPONSES

Question:

Our company has a standing collective bargaining agreements with the Seafarers International Union (SIU) and the International Union of Operating Engineers Local 25 Marine Division. For the International Union of Operating Engineers, Local 825 in New Jersey, our company pays their members prevailing wages and benefits based on the local jurisdiction and trades involved in the project from that local. These existing agreements will be in effect for the duration of the contract. The existing agreements provide the most efficient and comprehensive solutions for labor disputes, labor management, productivity, health and safety, and prevention of strikes, lockouts, and similar job disruptions. Therefore, these standing agreements meet the basic requirements for a PLA under Executive Order 14063/ FAR 52.222-33-34 without disrupting the existing agreements with negotiations. The existing agreements also measure up to public policy concerns of the requirement by guaranteeing efficient and timely completion of the project.

Please confirm these agreements will meet the requirements of Executive Order 14063/ FAR 52.222-33-34.

Answer:

The Corps cannot confirm that your multiple existing agreements meet the requirements of Executive Order 14063 and Federal Acquisition Regulation (FAR) 52.222-33 and 52.222-34. A project labor agreement (PLA), as defined at FAR 22.502, is project specific, establishes the terms and conditions of employment for that specific construction project, and is an agreement described in 29 U.S.C. 158(f). FAR 22.504(b) further provides that, amongst other requirements, a PLA shall “[b]ind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement” and shall “[a]llow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements.” See the Final Rule for Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects, published on December 22, 2023 in the Federal Register, for additional information on the use of a project-specific PLA versus multiple collective bargaining agreements on a specific construction project.

Submitted PLAs must comply with FAR 52.222-33 and 52.222-34 in the solicitation. The Corps will assess whether any submitted PLA is compliant with applicable standards, including Executive Order 14063 and the pertinent FAR provisions and clauses, for the apparent low bidder after bid opening. While USACE does not recommend any specific PLA model, it is recommended that prospective bidders contact their applicable trade organizations for guidance on PLAs.

W912BU24B0009

(End of Summary of Changes)