Mississippi River and Tributaries (MR&T) Program, Mississippi River Levees (MRL) Construction Multiple Award Task Order Contract(s) (MATOC)

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:

Mississippi River and Tributaries (MR&T) Program Mississippi River Levees (MRL) Construction Multiple Award Task Order Contract(s) (MATOC)

Description of Work: The contractor shall furnish all labor, equipment, and materials necessary to perform studies, investigations, designs, and construction of compacted, semi-compacted, and uncompacted embankments for levees and berms utilizing Government furnished riverside or landside borrow areas as well as installation of relief wells along the toe of the levee. Other mission requirements include clearing and grubbing, ditching, furnishing and installing culverts and cattle guards, construction of drainage structures in borrow areas, establishment of turf, and crushed stone or asphalt paving on the levee crown along the Mississippi River Levee within the Vicksburg District.

Period of Performance: 1825 calendar days after award.

Some factors that may be considered regarding the use of a PLA 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 PLAs on other comparable projects.

f. The promotion of the Government's long term programs interest such as training of a skilled workforce for future projects.

g. The possibility of labor disputes that threaten timely completion.

h. Additional costs from the use of PLAs may be 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 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 Government's 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 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 a 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 a PLA 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 email to Andrew McCaskill, Contract Specialist at andrew.mccaskill@usace.army.mil no later than the close of business on 8 June 2023.