Whiteriver Hospital Project Labor Agreement

PROJECT LABOR AGREEMENT (PLA) Survey: This is a SPECIAL NOTICE for Market Research ONLY. NO AWARD will be made from this Sources Sought Notice.

The Indian Health Service (IHS) is soliciting comments from the public addressing the potential use of Project Labor Agreements (PLA) for the following Design-Bid-Build construction project. Information is sought from national, regional, and local entities including general contractors, subcontractors, labor unions, and labor organizations. Project Labor Agreements allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements.

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: Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use PLAs in large-scale construction projects (defined as a construction projects with a total estimated cost at or above $35M) to promote economy and efficiency in the administration and completion of Federal construction projects.  When awarding a contract in connection with a large-scale construction project, agencies shall require use of a PLA for contractors and subcontractors engaged in construction on the project, unless an exception(s) at FAR 22.504(d) applies. Reference is made to: FAR Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects; 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 public is invited to provide responses on the use of a PLA for this construction project by answering the questions below.

SUMMARY OF SCOPE

The Prime Contractor shall furnish all personnel, materials, services, facilities and shall perform all work necessary to construct a new Whiteriver Hospital. The IHS plans to replace the existing Whiteriver Hospital on the Fort Apache Indian Reservation. The Contractor shall construct a new 406,000 Square Foot Indian Health Service (IHS) Hospital that is planned to serve a Primary Service Area (PSA) projected user population of 19,088 in 2030. The new hospital will be constructed on the existing 14-acre site of the existing hospital with minor adjustments to the existing lease. Services will be expanded to include Primary Care, Telemedicine, Dental Care, Eye Care, Audiology, Emergency Services, Transitional Care, Emergency Medical Services, Specialty Care (including General Surgery, Ophthalmology, ENT, Orthopedics, Podiatry, Cardiology, Endocrinology, Nephrology, Pulmonology, Rheumatology, and Genetic Testing), Psychiatry, Social Services, Behavioral Health Emergency & Inpatient Care Response Services, Acute Care (Adult Medical/Surgical, Pediatric), Low‐Risk Labor & Delivery, Inpatient & Outpatient Pharmacy, Laboratory, Diagnostic Imaging (X‐Ray, Ultrasound, Mammography, Fluoroscopy, CT, MRI), Rehabilitation Services (Physical Therapy, Occupational Therapy, Speech Therapy), Respiratory Therapy, Public Health Nursing, Public Health Nutrition, Health Education, Wellness Center, Community Health Representatives, Environmental Health, Administration, Business Office, Human Resources, Quality Management/Quality Improvement, Health Information Management, Information Technology, Clinical Informatics, Purchased and Referred Care, Security, Clinical Engineering, Dietary, Facility Management, Medical Supply, Housekeeping & Linen, Comprehensive Pain Management, Employee Facilities, Public Facilities, Education and Group Consulting, Emergency Air Transportation, Research Partnership, Diabetes Management, Veterans Administration, Social Security Administration, Arizona Long Term Care Services Administration, Tribal Transportation (non‐emergency), Women Infant & Children (WIC), and the Tick Disease Surveillance Program.

The area required for the new hospital includes parking lots, drives, utility areas, and stormwater management. The site consists of land that is south of the existing hospital, and the area where the existing hospital and Garrett Building (Supply/Maintenance)  are located. The existing hospital will be demolished after the new hospital is built and the existing hospital is vacated. The location of the existing hospital will be used for parking. As a result of construction, on-site parking spaces will be limited, and a temporary lot will be created. Staff and patients, and potentially construction workers, will be shuttled from the temporary lot to the hospitals as appropriate during construction and demolition activities. In addition to the construction of the hospital, the project includes construction of two wastewater treatment plants. The first to be located approximately 0.5 miles north of the existing campus on Powerline Road, and the second to be located near the quarters approximately 20 miles north of the existing campus near the intersection of AZ-73 and AZ-260. The quarters (a separate project, not part of this project) will also be built at the intersection site near the community of Pinetop, AZ.

The new facility will be designated as a Primary Care Acute Care Facility by the 2022 FGI guidelines. The new construction will be in accordance with IBC 2024, Type IB construction. Occupancies are designated primarily as Healthcare (Group I-2) and Business Group B with Groups A-2, A-3, R-2, S-1, and S-2 also included in the buildings.

Additional work requirements will be provided in the finalized Statement of Work. Period of Performance is 1095 calendar days after issuance of a Notice to Proceed. TERO is applicable.

The type of work to be performed will be categorized under PSC code Y1DA, Construction of Hospitals and Infirmaries and NAICS code 236220, Commercial and Institutional Building Construction with a size standard of $45 million.

In accordance with Disclosure of the Magnitude of Construction Projects, the anticipated project magnitude is more than $250,000,000.   

The proposed project is anticipated to be a competitive, firm-fixed-price, construction contract procured in accordance with FAR Part 15, Contracting by Negotiation, under a Best Value-Tradeoff Process.

Information submitted will be used in determining an acquisition strategy. We ask that you provide adequate detailed information for the Government to determine, without doubt, an effective acquisition approach for the required construction project.

Project Labor Agreement (PLA) Survey:  Please respond to the following questions:

1. Are you responding as a representative of a government entity, union, contractor (union or non-union) and/or qualified small business?

2. Do you have knowledge that a PLA has been used in the local area on projects of this kind? If so, please explain in detail.

3.  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 explain in detail.

4.  What is your understanding of the availability of union labor and non-union labor in this area for this type of project? Would the remoteness of the construction site impede your efforts to hire local unions and/or employees?  Are you otherwise aware of national, regional, or local interest in participating in this project by union or non-union contractors? Explain in detail.

5.  As a qualified contractor/subcontractor for a project of this type and size, would you be interested in participating in this project?  Would the requirement of a Project Labor Agreement (PLA) under this project impact your interest in any way?  Explain in detail. 

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

7.  Are there any ways in which the requirement of a PLA might increase costs on a project of this type in this area? If so, how much of a cost increase do you anticipate in terms or percentage? Explain in detail.

8. Compliance with the Tribal Employment Rights Office (TERO) is required prior to starting work on any project performed on Tribal Land including payment of associated TERO fees/permits. Utilization of Tribal individuals will be a requirement of hiring goals for a set craft or skill level.

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

10. Would requiring a PLA result in any difficulties or challenges related to TERO compliance or other known federal regulations?  Explain in detail.

This special notice is used to identify concerns with the capability to provide these services, and the applicability of a Project Labor Agreement for this project. This is not to be considered as a commitment by the Government, nor will the Government pay for any information solicited or delivered. Response is not required for eligibility to participate in any subsequent Request for Proposal.  All responses under this Special Notice must be emailed to Erik Lundstrom at erik.lundstrom@ihs.gov.

This is not a solicitation, and no plans or specifications are available.