Central City Bypass Channel North

PROJECT LABOR AGREEMENT (PLA) Survey: This is a SPECIAL NOTICE for Market Research ONLY. NO AWARD will be made from this Sources Sought Notice.

U.S Army Corp of Engineers (USACE) Fort Worth District is soliciting comments from the public addressing the potential use of Project Labor Agreements (PLA) for the following Design-Bid-Build construction project: Central City Bypass Channel North Solicitation W9126G25R0133. Information is sought from national, regional, and local entities including general contractors, subcontractors, labor unions, and labor organizations. Project Labor Agreements allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements.

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).  Federal Acquisition Regulation (FAR) policy states: Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use PLAs in large-scale construction projects (defined as a construction projects with a total estimated cost at or above $35M) to promote economy and efficiency in the administration and completion of Federal construction projects.  When awarding a contract in connection with a large-scale construction project, agencies shall require use of a PLA for contractors and subcontractors engaged in construction on the project, unless an exception(s) at FAR 22.504(d) applies. Reference is made to: FAR Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects; provision, FAR 52.222-33 Notice of Requirement for Project Labor Agreement; and to clause, FAR 52.222-34 Project Labor Agreement.

In consideration of the above factors, and any others which may be deemed appropriate, the public is invited to provide responses on the use of a PLA for this construction project by answering the questions below.

SUMMARY OF SCOPE

The Prime Contractor shall furnish all personnel, materials, services, facilities and shall perform all work necessary to construct approximately 3,900 feet long and 300 feet wide bypass channel consisting of a floodwall on the east side (right bank) and an earthen levee on the west side (left bank). The project includes a combination of flood risk management, betterment features, pedestrian walkways and bridges, lighting, plaza parks, kayak launches, accessibility with signage, storage areas, and stormwater infrastructure. Project challenges will require the successful contractor to be able to coordinate with multiple stakeholders, both public and private, and perform blasting and dewatering efforts. Project constraints include construction in active and congested areas within the City of Fort Worth.

Anticipated project completion is 910 days from Notice to Proceed.

The type of work to be performed will be categorized under PSC code Y1KB, Construction of Canals and NAICS code 237990 Other Heavy and Civil Engineering Construction, size standard of $45 million.

In accordance with Disclosure of the Magnitude of Construction Projects, the anticipated project magnitude is between $100,000,000 and $250,000,000.   

The proposed project is anticipated to be a competitive, firm-fixed-price, construction contract procured in accordance with FAR Part 15, Contracting by Negotiation, under a Best Value-Tradeoff Process.

Information submitted will be used in determining an acquisition strategy. We ask that you provide adequate detailed information for the Government to determine, without doubt, an effective acquisition approach for the required construction project.

Project Labor Agreement (PLA) Survey:  Please respond to the following questions:

1. Are you responding as a representative of a government entity, union, contractor (union or non-union) and/or qualified small business?

2. Do you have knowledge that a PLA has been used in the local area on projects of this kind? If so, please explain in detail.

3.  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 explain in detail.

4.  What is your understanding of the availability of union labor and non-union labor in this area for this type of project?  Are you otherwise aware of national, regional, or local interest in participating in this project by union or non-union contractors? Explain in detail.

5.  As a qualified contractor/subcontractor for a project of this type and size, would you be interested in participating in this project?  Would the requirement of a Project Labor Agreement (PLA) under this project impact your interest in any way?  Explain in detail. 

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

7.  Are there any ways in which the requirement of a PLA might increase costs on a project of this type in this area? If so, how much of a cost increase do you anticipate in terms or percentage? Explain in detail.

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

9. Would requiring a PLA result in any difficulties or challenges related to Federal and Department of Defense compliance?  Explain in detail.

This special notice is used to identify concerns with the capability to provide these services, and the applicability of a Project Labor Agreement for this project. This is not to be considered as a commitment by the Government, nor will the Government pay for any information solicited or delivered. Response is not required for eligibility to participate in any subsequent Request for Proposal.  All responses under this Special Notice must be emailed to Alex Rust at Alexander.G.Rust@usace.army.mil.

This is not a solicitation, and no plans or specifications are available.