PROJECT LABOR AGREEMENTS (PLA) Survey for Freeport Harbor Channel Improvement Project, Dredging Reaches 1, 2 and 4, in Brazoria County, Freeport, Texas.

This is a PLA Survey only.  This is not a request for proposal, request for quote, or invitation for bid.  There will be no solicitation, specification, or drawings available at this time. 

The Galveston District Corps of Engineers is solicitating comments from industry addressing the potential use of Project Labor Agreements (PLA) for the upcoming Freeport Harbor Channel Improvement Project, Dredging Reaches 1, 2 and 4, in Brazoria County, Freeport, Texas.  The work may include, but not limited to, dredging and may entail turtle trawling as well but combines maintenance and new work dredging to completely construct the remainder of channel reaches to the new federally authorized dimensions.  Project would primarily be Invitation for Bid (IFB).  NAICS Code: 237990 - Other Heavy and Civil Engineering Construction.  The magnitude of the project is anticipated to be $100M – $250M.  The period of performance is anticipated to be approximately 945 calendar days for Schedule No. 1 and Options 1 thru 3.

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: Project Labor Agreement (PLA) is a tool that agencies may use to promote economy and efficiency in Federal procurement. 

Pursuant to Executive Order 14063, 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 a particular 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 is made to 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, industry is invited to comment on the use of PLAs for Freeport Harbor Channel Improvement Project, Dredging Reaches 1, 2 and 4, in Brazoria County, Freeport, Texas.  

The Government intends to use the responses to the attached questionnaire for one year as a determination on whether or not to incorporate a PLA for the Freeport Channel Improvement Project, Freeport, Brazoria County, Texas.

This is not an announcement of the availability of a solicitation nor is it a means of generating a plan holder’s list.  After review of the responses to this synopsis, the Government intends to make a determination to pursue the inclusion of a PLA or not.  The Government will not contact the responders for clarification of information provided.  This survey is for planning purposes only and shall not be construed as a Request for Proposal or as an obligation on the part of the Government.  The Government does not intend to award a contract on the basis of this special notice or otherwise pay for the requested information.  The Government will not provide a debriefing on the results of this survey.  All information will be held in a confidential manner and will only be used for the purposes intended.

Accordingly, Offerors are requested to respond to this Special Notice regarding PLA with the following information:

Question#1 Do you have knowledge that a PLA has been used in the local area on projects of this kind? If so, please provide supporting documentation.

Questione#2 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 elaborate and provide supporting documentation where possible.

Question#3 Are you aware of time sensitive issues/scheduling requirements that would affect the rate at which the referenced project should be completed? If so, please elaborate and provide supporting documentation where possible.

Question #4: Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

Question #5: Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

Question #6: Identify any additional information you believe should be considered on the use of a PLA on the referenced project.

Question #7: Identify any additional information you believe should be considered on the non-use of a PLA on the referenced project.

Question #8: Would a PLA significantly increase cost to this project, and do you have an estimated percentage?

Responses shall be submitted via email to Lucille Smith, Contract Specialist at Lucille.R.Smith@usace.army.mil no later than 2:00 PM (Central) on November 14, 2022.