Ouachita River Basin, Ouachita & Caldwell Parishes, P.L. 84-99 Emergency Bank Stabilization, River Mile 159-108, Sites 1-6

The Vicksburg District Corps of Engineers is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) from large scale construction projects (exceeding $25 million) for the following project:

OUACHITA RIVER BASIN, OUACHITA & CALDWELL PARISHES, P.L. 84-99 EMERGENCY BANK STABILIZATION RIVER MILE 159-108, SITES 1-6

DESCRIPTION AND MAGNITUDE OF WORK:  The work consists of furnishing all plant, labor, materials, and equipment, and constructing the PL 84-99 Emergency Bank Stabilization at 6 sites on the Ouachita in Ouachita & Caldwell Parish, Louisiana. The principal features of work include mobilization and demobilization, clearing, grubbing, longitudinal stone fill revetments, tiebacks, excavation, backfill, and storm water pollution prevention.  Range of Magnitude:  $25 to $100 Million.

Period of Performance: 1095 calendar days after Notice to Proceed.

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.

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 Acquisition Regulation (FAR) Policy:

a. 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.

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 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 Governments 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: 52.222-33 Notice of Requirement for Project Labor

Agreement Clause 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. Of particular interest to the Government are responses to the following

questions:

a. Should PLAs be executed on selected large dollar contracts within the

above referenced location by the Vicksburg District? What other factors

should the Corps consider before deciding to include PLA provisions in a

Vicksburg District contract? What type of project should or should not be

considered for PLA?

b. Is the use of PLAs 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 PLAs?

Will a PLA impact the cost of submitting an offer?

c. Is the use of PLAs 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 PLAs 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 PLAs used for those specific contracts?

e. Projects will require multiple construction contractors and/or subcontractors

employing workers in multiple crafts or trades. Do you foresee any work on

projects that may result in both the 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

periods. Will a PLA impact the 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 PLAs been used on comparable projects undertaken by

Federal, State, municipal, or private entities in the geographic area of this

project?

i. Will the use of PLAs impact the ability of potential Offerors and

subcontractors to meet small-business utilization goals?

Please provide your comments via e-mail to Amy Starks, Contract

Specialist at Amy.L.Starks@usace.army.mil no later than close of

business on 31 May 2022.