SPECIAL NOTICE
Y -- FY21 Newark Bay Maintenance Dredging
- Notice Date
- 3/6/2021 5:47:01 PM
- Notice Type
- Special Notice
- NAICS
- 237990
— Other Heavy and Civil Engineering Construction
- Contracting Office
- New York New York NY 10278-0090
- ZIP Code
- 10278-0090
- Solicitation Number
- W912DS21PLA0004
- Response Due
- 3/23/2021 11:00:00 AM
- Archive Date
- 04/07/2021
- Point of Contact
- Nicole C. Fauntleroy, Phone: 9177906139, Nicholas P. Emanuel, Phone: 9177908069
- E-Mail Address
-
nicole.fauntleroy@usace.army.mil, Nicholas.P.Emanuel@usace.army.mil
(nicole.fauntleroy@usace.army.mil, Nicholas.P.Emanuel@usace.army.mil)
- Description
- Introduction: 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:� 2021 Newark Bay, N.J. Maintenance Dredging Project Description: The New York District of the U.S. Army Corps of Engineers (USACE) proposes to perform maintenance dredging of portions of the Newark Bay, N.J. Federal Navigation Project. �The dredged material would be processed and subsequently transported to and placed at a contractor furnished, State permitted upland placement site(s). �The proposed maintenance dredging would remove approximately 300,000 cubic yards (CY) of selected critical shoals from the Main, South Elizabeth, Port Elizabeth, and Port Newark Pierhead Channels of Newark Bay. �Dredging in these channels would be required to the authorized depths of -40 feet, -45 feet, and -50 feet mean lower low water (MLLW), plus 1 foot allowable overdepth. �The dredged material is expected to consist primarily of silt and clay. � Range of Magnitude:� Between $25,000,000.00 and $100,000,000.00.� Period of Performance:� Dredging is anticipated to occur between July 2021 and February 2022. 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). Some of the factors that may be considered regarding PLA use are: a. The project will require multiple contractors and/or subcontractors working in multiple crafts or trades. b. There is a shortage of skilled labor in the region. c. Completion of the project will require an extended period of time. d. PLA's have been used on comparable projects undertaken by Federal, State, municipal, or private entities in this geographic area. e. A PLA will promote the agency�s long term program interests, such as training of skilled workforce to meet the agency�s future construction needs. Federal Acquisition Regulation (FAR) Policy:� a. Project Labor Agreement 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. 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 Newark Bay, New Jersey) 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 Governments 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 2021 Newark Bay Maintenance Dredging? What benefits do you believe a PLA could achieve? �What other factors should the Corps consider before deciding to include PLA provisions for the maintenance dredging 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. 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.
- Web Link
-
SAM.gov Permalink
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- Record
- SN05935190-F 20210308/210306230103 (samdaily.us)
- Source
-
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