Soliciting Comments on Potential Use of Project Labor Agreements

We are requesting comments addressing the potential use of Project Labor Agreements (PLAs) for solicitation W9126G19R0024, Job Order Contract (JOC), Fort Hood, TX. Reference FAR Provision: 52.222-33 Notice of Requirement for Project Labor Agreement and Clause 52.222-34 Project Labor Agreement.

DFARS 236.204 Disclosure of the magnitude of construction projects. Range of Magnitude: $25,000,000 - $100,000,000 Million.

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.

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.

Federal Acquisition Regulation (FAR) Policy Subpart 22.503:

a. Project Labor Agreement, (PLA), is a tool that agencies may use to promote economy and efficiency in Federal Procurements. 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 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, produce-labor management stability and ensure compliance with laws and regulations governing safety and health. Equal opportunity, labor and employment standards and other matters and...

2) Be consistent with law.

In consideration of the above factors and any others which may be deemed appropriate, please provide your comments on the use of PLAs. Of particular interest to the Government are responses to the following questions:

a. Should PLA's be executed on selected large dollar contracts within the Texas area? What other factors should the Corps of Engineers consider before deciding to include PLA provisions in a Fort Worth District contract? What type of project should or should not be considered for the utilization of a PLA?

b. Is the use of PLA's 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 PLA's? Will a PLA impact the cost of submitting an offer?

c. Is the use of PLA's 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 PLA's 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 PLA's used for those specific contracts?

e. Projects will require a prime contractor and/or subcontractors employing working in multiple crafts or trades. Do you foresee any work on projects that may result in both 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 period. Will a PLA impact 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 PLA's been used on comparable projects undertaken by Federal, State, Municipal or private entities in or around the Fort Hood, Killeen, Texas area?

i. Will the use of PLA's impact the ability of potential offerors and/or subcontractors to meet the Small Business utilization goals?

Note: For yes or no answers, please provide a supporting narrative.

Please provide your comments via email ONLY to: Kristi.m.pagan@usace.army.mil no later than close of business on 14 December 2018 Central Time 10:00 AM.

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