PROJECT LABOR AGREEMENTS (PLAs), SOURCES SOUGHT SYNOPSIS

PROJECT LABOR AGREEMENTS (PLAs), SOURCES SOUGHT SYNOPSIS W912ES-13-SS-0002 St. Paul District Corps of Engineers is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) on large scale construction contracts (exceeding $25 million) for upcoming work on the Fargo-Moorhead Metropolitan Area Flood Risk Management Project. The overall Project description is as follows: The Project consists of a Diversion Channel with Low Flow Channel, a Connecting Channel that diverts water from the Red and Wild Rice Rivers to the Diversion Channel, an upstream staging area for floodwaters, associated structures, non?structural features, recreation features and environmental mitigation. The Connecting Channel starts on the Red River approximately four miles south of the confluence of the Red and Wild Rice Rivers and extends west and north, crossing the Wild Rice River, to the Diversion inlet structure that is located just south of Horace. The Diversion Channel extends from its Inlet Structure, around the cities of Horace, Fargo, West Fargo and Harwood. It ultimately will re?enter the Red River north of the confluence of the Red and Sheyenne rivers near the city of Georgetown, MN. The 35?mile path of the Connecting Channel and Diversion Channel will cross the Wild Rice, Sheyenne, Maple, Lower Rush and Rush rivers. Two hydraulic structures will control the flows passing into the protected area during larger flood events; one on the Red River and the other on the Wild Rice River. The gated Diversion Inlet Structure is located at Cass County Highway 17 south of Horace, ND. At the Sheyenne and Maple rivers, aqueduct structures will allow base flows to follow the natural river channels to maintain habitat in the natural channels. The Lower Rush and Rush rivers will have drop structures that will drop the entire flow of those rivers into the Diversion Channel. The main line of flood risk management at the south end of the Project includes the embankments adjacent to the Diversion Channel and a tie?back embankment from the Red River control structure to high ground in Minnesota. In order to reduce downstream impacts, upstream water staging of approximately 200,000 acre?feet immediately upstream of the Diversion Channel inlet will be required. A wide variety of mitigation features are required to offset the impacts associated with construction and operation of the Project. Measures required for aquatic habitat and connectivity mitigation include stream restoration, riparian corridor restoration, a meandering Low?Flow Channel in the Diversion Channel and providing fish passage at the Diversion Outlet, control structures and several existing dams. Floodplain forest mitigation will be provided by reestablishing floodplain forest on 239 acres of floodplain agricultural land or pastured land. Wetland mitigation will be provided in the Diversion Channel by planting the bottom and fringe of the side slopes with native wetland species. The meandering Low?Flow Channel and attendant grade control structures will facilitate the development of wetland habitat in the Diversion Channel. Construction of various features is expected to occur in a series over time and has not yet been authorized or funded by Congress. Construction reaches have not yet been fully defined. Approximately 13 of the reaches are expected to exceed $25,000,000 and may vary in estimated magnitude from approximately $25,000,000 to $75,000,000 and may include but would not be limited to excavation, small inlets, levee construction, channel construction, structure work, and aqueducts, or any combination thereof. The Corps will not be accepting questions regarding construction of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project at this time. Previously published information regarding the Project can be found at http://www.internationalwaterinstitute.org/ and http://www.fmDiversion.com/ . U.S. Army Corps of Engineers construction solicitations are posted to www.fbo.gov. 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) Policy: (a) Project Labor Agreement (PLA) 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. 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. Describe the degree to which the Fargo-Moorhead area construction labor force is represented by unions. 2. Is there currently a shortage of skilled construction labor in the area? Is a labor shortage projected? 3. What investments have been made in the area to support registered apprenticeship programs? 4. Have PLAs been used on other construction projects undertaken by public or private entities in the region? Please explain. 5. Describe the degree to which labor disputes or other labor issues have contributed to project delays in the local area. 6. The contract performance periods for the various construction reaches are anticipated to last between one and four years. Are relevant Collective Bargaining Agreements likely to expire during the course of the Project under consideration? 7. How do open shop and union wage rates influence prevailing wage rates in the local market and compare to the Davis Bacon rates? 8. Describe whether a PLA might contribute to cost savings in any of the following ways: - Harmonization of shifts and holidays between the trades to cut labor costs - Minimizing disruptions that may arise due to expiration of a CBA - Availability of trained, registered apprentices, efficient for highly skilled workforce - Serving as a management tool that ensures highly skilled workers from multiple trades are coordinated in the most efficient way - Other 9. Describe whether a PLA might minimize risk and contribute to greater efficiency in any of the following ways? - Mechanisms to avoid delays - Complying with Davis Bacon and other labor standards, safety rules and EEO and OFCCP laws - Ensuring a steady supply of skilled labor in markets with low supply or high competition for workers - Other 10. Are there ways in which a PLA might increase costs on this particular Project? 11. Based on consideration of the factors above, please provide a short summary explaining why you would recommend or would not recommend the use of a PLA for this Project. A questionnaire containing the above questions has been provided with this announcement for your convenience. Please use the questionnaire to supply your feedback via e-mail attachment, citing "PLA COMMENTS" in the subject line, to Patricia Simon, Contract Specialist, at contact@example.gov no later than 22 January 2013.