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Contract Opportunity

PROJECT LABOR AGREEMENT

W9123623B5006

Norfolk Harbor Deepening: Atlantic Ocean Channel, AOC- Phase II

Norfolk Harbor, Virginia

The Corps of Engineers Norfolk District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for a Firm Fixed Price Construction contract for Atlantic Ocean Channel (AOC) Deepening project located in Hampton Roads, Virginia.

Project Description: The Norfolk District, U.S. Army Corps of Engineers, is seeking eligible firms capable of performing deepening (new work) dredging by hopper or mechanical dredge and potential clean-up operations with a mechanical dredge, in Atlantic Ocean Channel. The channel is being deepened to a required depth of -59 feet MLLW from the current maintained depth of -52 feet MLLW. No widening or other channel framework modifications are proposed at this time. One foot of overdepth dredging will be allowed as part of the contract dredging pay prism. A not to exceed depth of -64 feet MLLW will be observed for this project.

Dredged material generated by the project is expected to be placed at Craney Island Dredged Material Management Area (CIDMMA), Resort Beach in Virginia Beach, and the Dam Neck Ocean Disposal site (DNODS). Dredging is estimated to generate approximately 3.1 MCY of pay volume.

The Contractor shall be responsible for the following: dredging within the designated areas to the proposed required and allowable pay depths, beach nourishment activities, earthwork (spur and containment dike construction and management), discharging the material in the designated Government-furnished placement site, properly operating and maintaining the spillways within the CIDMMA, ensuring effluent water leaving the CIDMMA meets State water quality requirements, and communicating with the Port of Virginia maritime users to minimize impacts to vessel traffic, adjacent utilities, and dredging operations.

Construction Time: AOC deepening dredging shall commence within 21 calendar days of receipt of Notice-to-Proceed (NTP). The construction period of performance will be approximately 500 days from issuance of the NTP. Consistent with Norfolk District practices, there are no seasonal dredging restrictions for this project pertaining to endangered, threatened, or species of concern for mechanical dredging; however, there is a seasonal dredging restriction from 01 September to 14 November for hopper dredging.

There are possible restrictions for use of certain areas within the placement site, CIDMMA between May and mid-August due to migrating bird species, so the contractor is expected to plan their work accordingly.

1. In accordance with DFARs 236, the estimated construction price range for this project is between $25,000,000.00 and $100,000,000.00. NAICS Code 237990 applies. The Estimated Award Date for this project is on/around November 2023. 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).


2. 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 organization if the agency decides that the use of project labor agreements will:


3. 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


4. 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 RESPONSE 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.


2. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project? Are these projects large scale new work dredging construction projects in the area (over $25M, within 50 miles of Hampton Roads, Virginia) which could impact availability of skilled labor for this project? What is the anticipated volatility in the labor market for the trades required for execution of the project? Please 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.


4. Is the proposed schedule/completion time one which would benefit for a PLA – if so, how? Will a PLA impact the completion time? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?


5. 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?


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 any additional information you believe should be considered on the non-use of a PLA on the referenced project.


8. Please identify and additional information you believe should be considered on the use of a PLA on the referenced project.


9. Identify any additional information you believe should be considered on the non-use of a PLA for on the referenced project.

The information gathered in this exercise should include the following information on projects completed in the last 2-5 years:

1) Project Name and Location

2) Detailed Project Description

3) Initial Cost Estimate vs. Actual Final Cost

4) Was the project completed on time?

5) Number of craft trades present on the project

6) Was a PLA used?

7) Were there any challenges experienced during the project?

Please provide your comments via e-mail to Tracey Strawbridge at email: Tracey.M.Strawbridge@usace.army.mil and a copy to Mrs. Eartha D. Garrett, Contracting Officer at Eartha.D.Garrett@usace.army.mil no later than 2:00 PM EDT on 8 December 2022.

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.

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