THIS IS A PROJECT LABOR AGREEMENT (PLA) SURVEY ONLY. THIS IS NOT A REQUEST FOR PROPOSAL, REQUEST FOR QUOTE, OR INVITATION FOR BID. THE SOLICITATION, SPECIFICATIONS, AND DRAWINGS ARE NOT AVAILABLE AT THIS TIME. No proposals are being requested or accepted in response to this notice.
The US Army Corps of Engineers (USACE) Seattle District is soliciting comments from the construction community addressing the potential use of a PLA for the proposed Duckabush Estuary Restoration project in Jefferson County, Washington.
INFORMATION:
The proposed work to be performed is anticipated to be classified under the following North American Industry Classification System (NAICS) 237310 – Highway, Street, and Bridge Construction.
The associated SBA size standard for the referenced NAICS is $45 million.
The estimated magnitude of construction for the project is between $100,000,000 and $250,000,000.
The proposed project is anticipated to be a competitive, firm-fixed-price type contract to be procured in accordance with the Federal Acquisition Regulation (FAR) Part 36 (Construction and Architect-Engineer Contracts) and FAR Part 15 (Contracting by Negotiation), using the Tradeoff process.
Estimated duration of the project is 1,050 calendar days from issuance of the Notice to Proceed.
USACE has been tasked to solicit for and award a construction contract to restore the Duckabush Estuary Ecosystem. The project is a unique integration of design by the USACE for the ecosystem restoration components and the Washington State Department of Transportation for the transportation components. Key restoration elements are intended to restore natural tidal and riverine processes, promote salmon spawning in the Duckabush River, and support other native plant and wildlife populations. Transportation elements include construction of an elevated roadway on a 1,613-foot long 34-foot-wide bridge upstream from the existing U.S. Highway 101 (US 101). The bridge will be an 8-span precast post-tensioned splice girder design structure with drilled pier/shaft (6-10 feet diameter up to 170 feet deep) foundations installed in tidally inundated waters. The new bridge will accommodate a new intersection at Duckabush Road with a left turn pocket from northbound US 101 onto Duckabush Road.
Two culverts will be replaced with fish-passable structures: the US 101 crossing at Petitjean Creek (north of the new widespan bridge) with a new 81-feet long 42-foot 10-inch wide bridge and the US 101 unnamed tributary crossing (south of the new widespan bridge) with a buried structure. The project also includes removal of 1,700 feet of the US 101 causeway and two bridges across the estuary, the removal of training berms along the river, and the excavation of channels at or near their historical configurations. Other project elements include the placement of project-generated woody material (engineered logjams and anchored large wood structures), the removal of the pre-1930s remnant roadbed and piles, inclusion of parking lots for public access to the estuary and tidelands on each end of the new bridge, and estuarine wetland and upland plantings.
This performance window is constrained by restrictions to work that occurs in saltwater and freshwater areas, and environmental and cultural resource restrictions. Most of the site is affected by the tides and river flows, so work must be planned around these additional constraints. The Duckabush estuary is near Brinnon, Washington, a rural area on the western shore of Hood Canal. For the Duckabush River estuary, the authorized work time in saltwater areas begins 15 July and ends 15 January in any year. For the smaller stream crossings, the authorized work time in freshwater areas begins 15 July and ends 31 August in any year. Work is anticipated to begin in 2026.
Project Labor Agreement (PLA) Survey:
PLA is 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). The Federal Acquisition Regulation (FAR) 22.503 Policy provides that:
(a) Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use project labor agreements in large-scale construction projects to promote economy and efficiency in the administration and completion of Federal construction projects.
(b) When awarding a contract in connection with a large-scale construction project (see FAR 22.502), agencies shall require use of project labor agreements for contractors and subcontractors engaged in construction on the project, unless an exception at FAR 22.504(d) applies.
(c) An agency may require the use of a project labor agreement on projects where the total cost to the Federal Government is less than that for a large-scale construction project, if appropriate.
(1) 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—
(i) 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
(ii) Be consistent with law.
(2) Agencies may consider the following factors in deciding whether the use of a project labor agreement is appropriate for a construction project where the total cost to the Federal Government is less than that for a large-scale construction project:
(i) The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades.
(ii) There is a shortage of skilled labor in the region in which the construction project will be sited.
(iii) Completion of the project will require an extended period of time.
(iv) Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project.
(v) A project labor agreement will promote the agency's long term program interests, such as facilitating the training of a skilled workforce to meet the agency's future construction needs.
(vi) Any other factors that the agency decides are appropriate.
The Government is issuing this survey notice to obtain data on the history of recent construction projects in the local labor market of the project under consideration. The construction community is invited to respond to this notice by providing responses to the following questions:
PLA Survey Questions:
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.
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.
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.
4) Identify specific reasons why or how you believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.
5) Identify specific reasons why you do not believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.
6) Identify any additional information you believe should be considered on the use of a PLA on the referenced project.
7) Identify any additional information you believe should be considered on the non-use of a PLA on the referenced project.
8) Please provide the following information on relevent projects completed in the last 2-5 years in the local labor market of the project under consideration:
a) Project Name and Location;
b) Detailed Project Description;
c) Initial Cost Estimate vs. Final Actual Cost;
d) Was the project completed on time?;
e) Number of trades present on the project;
f) Was a PLA used?;
g) Were there any challenges experienced during the project?
9) Which trades are expected to be employed on this project based on the description above? Are you likely to need some union skilled trades for at least part of this project?
10) What market share does union labor have in the geographic area for this project or type of construction?
11) Does the local market contain the sufficient number of available skilled workers for this project? Are there other projects in the vicinity going to limit the pool of skill labor available for your project?
12) Are there collective bargaining agreements (CBAs) that are likely to expire during the course of the project under consideration that might cause delays?
13) How do open shop and union wage rates influence prevailing wage rates in the local market and compare to Davis Bacon rates? What impact does unionization in the local market have on wages?
14) Have PLAs been used on this type of project in other regions?
THIS IS NOT A SOLICITATION FOR PROPOSALS AND DOES NOT CONSTITUTE ANY COMMITMENT BY THE GOVERNMENT. No reimbursement will be made for any costs associated with providing information in response to this notice and follow-up information requests, if any. Responses to this PLA Survey will be used by the Government to make appropriate acquisition decisions. All interested sources must respond to future solicitations announcements separately from responses to this market survey.
Interested firms shall respond to this notice no later than 1:00 PM (Pacific Time) on 20 December 2024. The responses should be forwarded to Londres Medranda, Contract Specialist, by email at londres.medranda@usace.army.mil.
Small Business Program Inquiries:
Enshane Hill-Nomoto: Enshane.Nomoto@usace.army.mil
https://www.nws.usace.army.mil/Business-With-Us/Small-Business/
