FC&CE, ouachita river basin, ouachita river ouachita parish, louisiana levee bank stabilization and levee rehabilitation miles 161 and 167

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

FC & CE, OUACHITA RIVER BASIN, OUACHITA RIVER OUACHITA PARISH, LOUISIANA LEVEE BANK STABILIZATION AND LEVEE REHABILITATION MILES 161 AND 167

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of furnishing all plant, labor, materials and equipment, and constructing the longitudinal stone fill revetments at two sites along the Ouachita River at River Miles 161, and 167. Principal features of the work include mobilization and demobilization, clearing, stone fill revetments, erosion control, storm water pollution prevention, and environmental protection.

Range of Magnitude: $25 to $100 Million.

Period of Performance: 550 calendar days after Notice to Proceed.

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.

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 Vicksburg District? What other factors
should the Corps consider before deciding to include PLA provisions in a
Vicksburg 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 an 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 Dustin Cannada, Contract
Specialist at dustin.g.cannada@usace.army.mil no later than close of
business on 09 July 2018.

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