PROJECT LABOR AGREEMENTS (PLA’s) Survey for Other Heavy and Civil Engineering Construction in the Port Arthur, Jefferson County, 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. 

Galveston District Corps of Engineers is solicitating comments from the construction community addressing the potential use of Project Labor Agreements (PLA) for construction projects (including new work, reconstruction, rehabilitation, and repairs).  Construction may include, but not limited to, levee construction, Flood control project construction, and other flood control structure construction.

Projects would primarily be bid/build projects.  NAICS Code: 237990 - Other Heavy and Civil Engineering Construction.  The magnitude of construction is anticipated to be $25M – $100M.  General period of performance is anticipated top be approximately 1,542 calendar days.

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 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 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, the construction community is invited to comment on the use of PLAs for type of Other Heavy and Civil Engineering Construction.  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 Other Heavy and Civil Engineering Construction projects in Port Arthur, Jefferson 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 market survey 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 Darrell Hutchens at darrell.d.hutchens@usace.army.mil no later than 2:00 PM (Central) on November 1, 2022.