Project Labor Agreement (PLA) Market Research for Construction of CEAC/Parking Structure, West Point, New York
The U.S. Army Corps of Engineers New York District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for the following large scale ... The U.S. Army Corps of Engineers New York District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for the following large scale (exceeding $25 million) construction project: Construction of the CEAC-Parking Structure Project, West Point, NY Project Description: Construct a 136,000 SF state of the art facility supporting Academy's science, technology, engineering and math mission, includes laboratories & support space, project fabrication spaces, high bay area with overhead lift, work spaces, conference rooms, spray booths, loading dock, site work, electrical, water, sewer, gas, fire protection, LEED, IDS, HVAC, EMCS, parking, paving, curbs, gutters, storm drainage, landscape, signs, info systems Additionally, a multi-story parking structure (450 space) is to be constructed below the building. This structure and walkways shall have lighting to support an electronic security system, electric service, electric car charging stations, CAC reader-enabled access gates, fire protection, elevator, stairs, paving, sidewalks, curbs, gutters, storm drainage, information systems, signage, site improvements, landscaping, and antiterrorism force protection measures. General features will include building information systems, fire protection and alarm systems, installation of closed-circuit television (CCTV), and Energy Monitoring and Control Systems (EMCS) connection. Sustainability/Energy measures will be provided. Supporting facilities include information systems, site development, utilities and connections, lighting, paving, parking, walks, information systems, landscaping and signage. Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards will be provided. Facilities will be designed to a minimum life of 50 years in accordance with DOD Unified Facilities Code (UFC 1-200-02) including energy efficiencies, building envelope and integrated building systems performance. The Military Reservation is a NetZero Energy pilot installation. Access for individuals with disabilities will be provided. Range of Magnitude: Between $100,000,000.00 and $250,000,000.00. Period of Performance: Approximately 850 calendar days after Notice to Proceed. Notice to Proceed is anticipated to occur between August 2020 and September 2020. PLA Definition: 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) 22.503 - Policy a. Project labor agreements are 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 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. In accordance with FAR Part 22.503, the following factors have been considered in order to determine whether the use of a project labor agreement will achieve economy and efficiency in the completion of the subject project. a. The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades. b. There is a shortage of skilled labor in the region in which the construction project will be sited. c. Completion of the project will require an extended period of time. d. Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project. e. 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. f. Any other factors that the agency decides are appropriate. 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: 1. Have comparable projects been undertaken by Federal, State, municipal, or private entities in the geographic area of this project? Do you have knowledge that a PLA has been used in the local area on similar projects? If so, please provide supporting documentation? For each project, please indicate if a PLA was used, if available, the initial and final cost, number of trades on the project, if the project was completed on time, and if there were any challenges such as labor shortages, labor related delays, safety issues, etc. 2. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project? This project will require construction contractors and/or subcontractors employing workers in multiple crafts or trades. Do you foresee any work on this project that may result in both the prime contractor and at least one subcontractor, or two or more subcontractors, employing the same trade? Are there concerns by prime contractors on the availability of skilled construction labor? Are there large scale construction projects in the area over $25M, within 50 miles of West Point, NY which could impact availability of skilled labor for this project? What is the anticipated volatility in the labor market for the trades required for the execution of the project? Are existing apprentice programs providing sufficient numbers of skilled workers for future requirements? If so please elaborate and provide supporting documentation where possible. 3. Are you aware of time sensitive issues/scheduling requirements that would impact the rate at which the referenced project should be completed? If so, please elaborate and provide supporting documentation where possible. Is the proposed schedule/completion time one which would benefit from a PLA - if so, how? Will a PLA impact the completion time? How would a PLA benefit a project which contains a unique and compelling mission critical schedule? 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. Are there any other economies or efficiencies derived by the Federal Government, if using a PLA? 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. 6. Are there any concerns regarding labor-management stability related to this project? Will the use of a PLA produce labor-management stability on this project? Have labor disputes or other labor issues contributed to project delays in the local area? Are you aware of examples of labor-management conflicts in the area which could impact the efficiency of this project, which a PLA could positively impact/resolve? What market share does union labor in construction trades have in the geographic area? Which existing Collective Bargaining Agreements will expire during construction of this project? 7. Will use of a PLA be conducive to ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other relevant matters on this project? Are there instances where these standards have not been met on Federal contracts in the local area? Were PLAs used for those specific contracts? 8. What is the estimated relative cost impact of using a PLA? Will a PLA impact the cost of submitting an offer? 9. Will the use of PLAs impact the ability of potential Offerors and subcontractors to meet small-business utilization goals? 10. Should a PLA be executed on the above described project? What benefits do you believe a PLA could achieve? What other factors should the Corps consider before deciding to include PLA provisions for the project? 11. Please identify any additional information you believe should be considered on the use of a PLA on the referenced project. 12. Please identify any additional information you believe should be considered on the non-use of a PLA on the referenced project. Please provide your comments via e-mail to monica.c.chahary@usace.army.mil and nicholas.p.emanuel@usace.army.mil no later than May 27, 2019. This is NOT a Request for Proposal and does not constitute any commitment by the Government. Responses to this labor market survey will be used by the Government to make appropriate acquisition decisions. All interested sources must respond to future solicitation announcements separately from responses to this market survey.
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