Construction: Lewisville Spillway - Project Labor Agreement (PLA)

PROJECT LABOR AGREEMENTS (PLAs)

SPECIAL NOTICE

W9126G21R0004

Title: W9126G21R0004, Construction: Lewisville Spillway, Lewisville, Texas.

Fort Worth District Corps of Engineers Soliciting Comments on the Potential Use of Project Labor Agreements (PLAs) at

U.S. Army Engineer District, Fort Worth

ATTN: CESWF-CT (Clyde Gardner) clyde.l.gardner@usace.army.mil

Post Office Box 17300 or 819 Taylor Street (2a17) (if using express mail)

Fort Worth, TX 76102-0300

The Corps of Engineers Fort Worth District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) from large scale construction projects (exceeding $25 million). This market survey is being posted for Project: Lewisville Spillway. This will be a solicitation for a Construction contract for a single C- Type awarded contract for Fiscal Year 22.

THIS IS A PROJECT LABOR AGREEMENT SURVEY ONLY. THIS IS NOT A REQUEST FOR PROPOSAL, REQUEST FOR QUOTE, OR INVITATION FOR BID. THERE WILL NOT BE A SOLICITATION, SPECIFICATIONS, OR DRAWINGS AVAILABLE AT THIS TIME.

Background:

The Government plans to repair the Lewisville Spillway as part of the overall Lewisville Dam Safety Modifications Project, Lewisville, Texas.

Scope Summary:

Measures to address the structural stability concerns associated with post-tensioned anchors installed through the ogee weir, and an upstream geomembrane blanket. The design will continue to be refined in FY20, but at this time consists of 99 anchors installed to a depth of 70 ft. A work platform or rail system will be required to install the anchors along the downstream slope of the monoliths. The upstream geomembrane blanket will be installed in the approach channel of the spillway below the current grade and attached to the ogee monoliths. The membrane will extend upstream and be covered with the material removed for its installation. The apron slab overlay will install apron slabs over the existing apron slabs to address uplift and sliding concerns. Each overlay slap will have anchors installed, however the number of anchors varies depending on the distance from the ogee weir.

Magnitude: $25,000,000 - $100,000,000

Period of Performance: 1275 Days from Notice to Proceed

Project Labor Agreement:

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 described in 29 U.S.C. 158(f). Federal Acquisition Regulation (FAR)

Policy:

(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 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.

Reference: Provision: 52.222-33 Notice of Requirement for Project Labor Agreement Clause

52.222-34 Project Labor Agreement.

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 PLAs. Of particular interest to the

Government are responses to the following questions:

a. Should PLAs be executed on selected large dollar contracts within the above referenced location by the Fort Worth District? What other factors should the Corps consider before deciding to include PLA provisions in a Fort Worth District contract? What type of project should or should not be considered for PLA?

b. Is the use of PLAs effective in achieving economy and efficiency in Federal procurement?

What is the estimated relative cost impact, or any other economies or efficiencies derived by the

Federal Government, if using PLAs? Will a PLA impact the cost of submitting an offer?

c. Is the use of PLAs effective in producing labor-management stability? Have labor disputes or other labor issues contributed to project delays in the local area?

d. Is the use of PLAs conducive to ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other relevant matters? Are there instances where these standards have not been met on Federal contracts in the local area? Were PLAs used for those specific contracts?

e. Projects will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades. Do you foresee any work on projects that may result in both the prime contractor and at least one subcontractor, or two or more subcontractors, employing the same trade?

f. Are there concerns by prime contractors on the availability of skilled construction labor? Information may reference current apprenticeship statistics and workforce age demographics.

g. Completion of anticipated projects will require extensive performance periods. Will a PLA impact the completion time? What is the anticipated volatility in the labor market for the trades required for the execution of the project? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

h. Where have PLAs been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of this project?

i. Will the use of PLAs impact the ability of potential Offerors and subcontractors to meet small-business utilization goals?

Please provide your comments via e-mail to the Contract Specialist, Clyde Gardner, at clyde.l.gardner@usace.army.mil not later than 10:00 a.m. CT, 2 July 2021.