Project Labor Agreement (PLA Survey) to $450M Construction Multiple Award Task Order Contract (MATOC)

The Army Corps of Engineers, Baltimore District, is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLA) for large scale construction projects (greater than $25M) within the Baltimore-Washington corridor. Projects may consist of new construction as well as renovation, repairs, and upgrade projects.

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 Acquisitions Regulation (FAR) Policy states: 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. 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 employment opportunity, labor and employment standards, and other matters; and (2) be consistent with law. Reference: Provision: FAR 52.222-33 Notice of Requirement for Project Labor Agreement, Clause: FAR 52.222-34 Project Labor Agreement.

The construction community is invited to comment on the use of PLAs. Of particular interest to the Government are responses to the following questions:

(1) Should PLAs be executed on selected large dollar contracts awarded by the Baltimore District Corps of Engineers in the Baltimore-Washington Corridor?

(2) Are there concerns by prime contractors on the availability of skilled construction labor?

(3) Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

(4) What type of project should not be considered for PLA clauses?

(5) What is the time impact to the completion of the contract due to a PLA?

(6) What is the cost impact to the bid due to the PLA?

(7) What other factors should the Corps consider before deciding to include PLA provisions in a Baltimore District solicitation and any resultant contract?

Responses shall be submitted via email to Nicole Brookes at nicole.c.brookes@usace.army.mil  no later than 3:00 PM (EST) on 09 May 2021.

This is NOT a Request for Proposal and does not constitute any commitment by the Government.

Responses to this labor market survey will be used by the Government to make appropriate acquisition decisions. All interested sources must respond to future solicitation announcements separately from responses to this survey.