Inactive Total Small Business Set-Aside (FAR 19.5)

THIS IS A PROJECT LABOR AGREEMENT (PLA) NOTICE TO BE USED FOR MARKET ANALYSIS ONLY. NO AWARDS WILL BE MADE FROM THE RESPONSES TO THIS SYNOPSIS. NO REIMBURSEMENT WILL BE MADE FOR ANY COSTS ASSOCIATED W... THIS IS A PROJECT LABOR AGREEMENT (PLA) NOTICE TO BE USED FOR MARKET ANALYSIS ONLY. NO AWARDS WILL BE MADE FROM THE RESPONSES TO THIS SYNOPSIS. NO REIMBURSEMENT WILL BE MADE FOR ANY COSTS ASSOCIATED WITH PROVIDING INFORMATION IN RESPONSE TO THIS SYNOPSIS OR ANY FOLLOW UP INFORMATION REQUESTS. NO SOLICITATION WILL BE AVAILABLE AT THIS TIME; HOWEVER, RESPONSES WILL BE USED TO DETERMINE THE APPROPRIATE ACQUISITION STRATEGY FOR A FUTURE ACQUISITION. NO RESPONSES TO THIS PLA NOTICE WILL BE POSTED TO SAM.GOV. The purpose of this announcement is to gain knowledge of the use and benefits of Project Labor Agreements (PLAs) on construction of drainage structures in Staten Island, New York. The NAICS Code is 237990 (Other Heavy and Civil Engineering Construction). Any potential competitive solicitation(s) that may proceed from this notice will be posted to fbo.gov. All interested offerors will have the opportunity to respond to a solicitation announcement at a later time if and when a solicitation is issued. BACKGROUND AND INFORMATION FOR CONSTRUCTION CONTRACT 1. Description of project: (A) The New York District, U.S. Army Corps of Engineers (District) is preparing plans and specifications for construction of the South Shore of Staten Island (SSSI) Coastal Storm Risk Management Project in Richmond County, NY that will provide critical coastal storm risk management to the highly vulnerable communities of Staten Island. The project alignment spans 5.3 miles along the Raritan Bay from Fort Wadsworth to Oakwood Beach. The alignment generally consists of three typical structures: 3,400 feet of earthen levee, 1,800 feet of floodwall, and 22,700 feet of buried seawall/armored levee. These structures are supplemented by interior drainage improvements including excavated ponds, road raisings and new tide gates and other gate chamber and culvert structures. (B) This contract is for the investigation, design, plans and specifications for Interior Drainage Area E. This scope includes the following: Construction of two (2) large interior drainage ponds (detention basins) connected with an open channel culvert; Construction of various stormwater drainage structures: box culverts, several junction chambers, sluice gates, weir chambers with flap gates, nine (9) inlets for future stormwater inlets; Relocation of two (2) existing sanitary sewers. The magnitude of this contract is between $50 million and $100 million. Duration of construction will be approximately 47 months after Notice to Proceed. Notice to Proceed is anticipated to occur approximately in October 2022/November 2022. The North American Industry Classification System (NAICS) code is 237990 (Other Heavy and Civil Engineering Construction). The Small Business Size standard is $36,500,000. 2. Responses to this sources sought will be used by the Government to help determine whether the use of a PLA will achieve economy and efficiency in the completion of the subject project. All firms and labor unions should respond to this announcement if they are interested in performing the work of this project. 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) SUBPART 22.503 - POLICY 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. 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 — (A) 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 (B) Be consistent with law. Agencies may also consider the following factors in deciding whether the use of a project labor agreement is appropriate for the construction project: The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades. There is a shortage of skilled labor in the region in which the construction project will be sited. Completion of the project will require an extended period of time. Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project. 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. Any other factors that the agency decides are appropriate. PLA COMMENT SOLICITATION 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 Staten Island, New York) 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 referenced 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 construction of drainage structures? 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 note that this notice is not a commitment on the part of the Government to award a contract as a result of this notice or to pay for any information received. This synopsis neither constitutes a Request for Proposal or Invitation for Bid, nor does it restrict the Government to an ultimate acquisition approach. The Government should not construe this PLA Notice as a commitment for any purpose. The Government does not intend to rank submittals or provide any reply to interested firms. Please submit written comments by mail or email to: Attn.: Ivan V. Damaso U.S. Army Corps of Engineers, NY District CENAN-CT, Room 16-300 26 Federal Plaza New York, NY, 10278 Email: ivan.d.damaso@usace.army.mil Survey Questionnaires will not be accepted after 4:00 pm on the response date shown in the advertisement on SAM.GOV. If the original response date falls on a Saturday, Sunday, or a Federal Holiday, the response date will be moved to the next business day.