Posted: Jan. 29, 2024, 8:35 a.m. EST
This announcement constitutes a Special Notice Synopsis. This announcement seeks information from industry and will only be used for preliminary planning purposes. THIS IS NOT A SOLICITATION FOR PROPOSALS AND NO CONTRACT SHALL BE AWARDED FROM THIS SYNOPSIS. Respondents will not be notified of the results of the evaluation.
The U.S. Army Corps of Engineers, Jacksonville District previously issued Sources Sought notices in July 2022 (W912EP22Z0034) and November 2023 (W912EP24Z0013) as a means of conducting market research to gauge the interest, capabilities and qualifications of various members of the Construction Community, to include Small Businesses, as the Government must ensure there is adequate competition amongst the potential pool of responsible contractors.
The U.S. Army Corps of Engineers, Jacksonville District is now soliciting comments from the construction community to specifically address the potential use of Project Labor Agreements (PLAs)* for this large-scale construction project for potential award in FY2024:
Project Name: Central Everglades Planning Project (CEPP), South Contract 2A, S-356E Pump Station and S-334E Spillway Project, Miami-Dade County, Florida
Project Description: The CEPP South, Contract 2A, S-356E Pump Station and S-334E Spillway project is in western Miami-Dade County at the intersection of the L-29 Canal, the L-30 Canal, and the L-31N Borrow Canal. The structures will be constructed in the L- 29 Canal, adjacent Tamiami Trail (US-41), approximately 1/4 mile east of the existing S-334 Spillway and the temporary S-356 Pump Station.
The project work includes excavation, dewatering, blasting, and construction for a new levee system, a new pump station structure, a new spillway structure, and a steel pile bulkhead wall. The overall site is approximately 20 acres, north of the site is Water Control Area 3 (WCA3). Specific major project components include the following items:
- A new levee system located along the northern side of the project site, approximately 1,600-feet long, with a crest width of 16.0 feet with 3H:1V side slopes.
- A new pump station structure has a total pumping capacity of 1,250 cfs that consists of four (4) 250 cfs diesel motor driven pumps and two (2) 125 cfs electric motor driven pumps, superstructure, substructure, service bridge, and vehicle access ramps.
- A new spillway structure with a design capacity of 1,200 cfs with two (2) bays, vertical lift roller gate, and a service bridge.
- Both structures will have an anchored steel pile bulkhead wall located at the intake bay and discharge of the pump station
- The installation of rip rap slope protection along the canal banks and canal bottom of the L-29 canal.
DFARS 236.204 Disclosure of magnitude of construction projects: Between $100,000,000 and $250,000,000.
The estimated Period of Performance is approximately 2,548 calendar days after notice to proceed.
The applicable North American Industry Classification System (NAICS) code assigned to this procurement is 237990, Other Heavy and Civil Engineering Construction. The Small Business Size Standard for this project is $45 million.
*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 as described in 29 U.S.C. 158 (f). Effective January 22, 2024, Final Rule (FAR Case 2022-003), implements Executive Order (E.O.) 14063, Use of PLAs for Federal Construction Projects, which requires the use of PLAs in large-scale (defined as $35 million or more) Federal construction projects within the United States. Contractors and subcontractors working on large-scale construction projects must negotiate or become party to a PLA with one or more labor organizations unless an exception is granted. This requirement applies to new solicitations, including task or delivery orders, issued on or after January 22, 2024.
The Government is seeking information from both unionized and non-unionized contractors, as well as contractors familiar with the federal marketplace as well as new entrants, that may be interested in participating in competition for this procurement. Reference is made to: FAR Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects; provision, FAR 52.222-33 Notice of Requirement for Project Labor Agreement; and to clause, FAR 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 PLA's as part of the Government's market research. The Government is requesting responses to the following 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.
- Project Name and Location
- Detailed Project Description
- Initial Cost Estimate vs. Actual Final Cost
- Was the project completed on time?
- Number of craft trades present on the project
- Were there any challenges experienced during the project?
2. Are you aware and/or are there concerns by the prime contractors 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. Information may reference current apprenticeship statistics and workforce age demographics.
3. Are you aware of time sensitive issues/scheduling requirements where use of the PLA would affect the rate at which the referenced project would be completed? If so, please elaborate and provide supporting documentation.
4. Are you aware of any cost impact where the use of PLA will affect the construction cost of the referenced project? If so, please elaborate and provide supporting documentation.
5. Based on FAR 52.222-33 and alternates and 52.222-34 and alternates do you see any negative and/or positive impacts of submitting the PLA at one phase of the procurement process over another? If so, please explain. Also, provide an estimated and realistic timeframe that your company will be able to finalize a PLA.
6. Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.
7. Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.
8. Identify any additional information with supporting documentation/statistics that you believe should be considered on the use of a PLA on the referenced project.
9. Identify any additional information with supporting documentation/statistics that you believe should be considered on the non-use of a PLA on the referenced project.
10. Is your firm a serious interested party in that you intend to submit a proposal for this procurement? Will the use of a PLA impact your ability to bid? If so, please explain?
Additional feedback requested:
1. If you anticipate submitting a proposal, do you have any concerns with obtaining bonding for the estimated period of performance based on your estimated price proposal? If so, please explain.
2. Does your firm have any potential alternatives to address the bonding capability requirements?
All responses to this Special Notice will be evaluated and used in determining acquisition strategy.
Submission Instructions: Serious interested parties who consider themselves qualified to perform the above-listed project are invited to submit your response on company letterhead no later than February 5, 2024 at 2:00PM, EST. All responses under this notice shall be sent via email to Walter Love at Walter.D.Love@usace.army.mil and Manuela Voicu at Manuela.D.Voicu@usace.army.mil.
