Project Labor Agreement (PLA) Notice: Liberty State Park Ecosystem Restoration Project, Jersey City, NJ

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), Liberty State Park Ecosystem Restoration Project located in Jersey City, NJ. The NAICS Code is 237990 (Other Heavy and Civil Engineering Construction). Any potential solicitation(s) that may proceed from this notice will be posted to sam.gov. All interested offerors will have the opportunity to respond to a solicitation announcement later if a solicitation is issued.

BACKGROUND AND INFORMATION FOR CONSTRUCTION CONTRACT

The New York District, U.S. Army Corps of Engineers (District) is preparing plans and specifications for construction of the Liberty State Park Ecosystem Restoration Project located in Jersey City, NJ.

The goal of the project is to create a resilient coastal ecosystem within a highly urbanized setting that provides both ecological and social benefits. Primary project components include:

1. Restoration of the Liberty State Park interior including approximately 46.2 acres of tidal wetland habitat, 25.0 acres of non-tidal wetland habitat, and 72.6 acres of native upland habitat.
2. Enhancement of approximately 7.1 acres of existing non-tidal wetland (4.5 acres) and upland (2.6 acres) habitats by removing invasive flora and planting native species.
3. Creation of park amenities to accommodate and provide public interaction with this habitat restoration project, such as trail networks, overlooks, bird blinds, viewing hills, and a restroom.

The State of New Jersey, acting through the New Jersey Department of Environmental Protection (NJDEP), is the non-Federal sponsor for this project. The magnitude of the Liberty State Park Ecosystem Restoration project is between $100,000,000 and $250,000,000.  The duration of construction is anticipated to be approximately 1,686 calendar days after Notice to Proceed. Notice to Proceed is anticipated to occur approximately in October 2027.

Responses to this source 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 for 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

1. 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.
2. When awarding a contract in connection with a large-scale construction project (see 22.502), agencies shall require use of project labor agreements for contractors and subcontractors engaged in construction on the project, unless an exception at 22.504(d) applies.
3. 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
      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.
      3. 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:
      4. The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades.
      5. There is a shortage of skilled labor in the region in which the construction project will be sited.
      6.  Completion of the project will require an extended period of time.
      7. Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project.
      8. 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.
      9. Any other factors that the agency decides are appropriate.
4. For indefinite-delivery indefinite-quantity (IDIQ) contracts the use of a project labor agreement may be required on an order-by-order basis rather than for the entire contract. For an order at or above $35 million an agency shall require the use of a project labor agreement unless an exception applies. See 22.504(d)(3) and 22.505(b)(3).

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, the initial and final cost if available, 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 Jersey City, NJ) 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 enough 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 don’t 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?
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 because 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. Responders 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 email to Mr. Nicholas Emanuel, Contracting Officer at Nicholas.P.Emanuel@usace.army.mil and Mrs. Jordan Moran, Contract Specialist, at Jordan.K.Moran@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.