The Fort Worth District Corps of Engineers is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) for a large scale construction contract for the following project:

Project Description: T-X Ground Based Training System (T-X GBTS) Simulator

Project Location: Joint Base San Antonio (JBSA) - Randolph AFB, San Antonio, TX

Summary: Construct a high-bay aircraft maintenance training facility with administrative space, classroom space, tool crib, communications room and spaces to accommodate eight (8) bay T-X simulator trainers for the following: landing gear, fuel system, seat & canopy, avionics/cockpit, engine, hydraulics, Auxiliary Power Unit/Jet Fuel Starter (APU/JFS) and flight control. Work will include fire suppression system, steel-framed structure, concrete slab and foundation system, masonry block exterior walls, and standing seam metal roof and all associated support facilities to provide a complete and useable facilities.

Anticipated Disciplines: The following are the anticipiated disciplines to be utilized for this project (this list is NOT all-inclusive): Civil and Site Work; Site Electricial and Communication, Interiors, Structural, Mechanical, Plumbing, Fire Protection, Electricial, and Communications.

DFARS 236.204 Disclosure of magnitude of construction projects Range of magnitude: Between $25,000,000 and $100,000,000. Period of Performance is approximately 606 calendar days after notice to proceed.

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 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, produce-labor management stability and ensure compliance with laws and regulations governing safety and health. Equal opportunity, labor and employment standards and other matters and

(2) Be consistent with law.

Some of the factors that may be considered regarding their use are:

a. The involvement of multiple contractors and/or subcontractors working in multiple crafts or trades.

b. The complexity of the project.

c. Shortage of skilled labor in the region.

d. Completion of the project will require an extended period of time.

e. The use of PLA’s on other comparable projects.

f. The promotion of the Governments long term programs interests such as training of skilled workforce for future projects.

g. The possibility of labor disputes that threaten timely completion.

h. Additional costs from use of PLAs may be cost prohibitive.

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:

1. 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.
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 party to a project labor agreement with one or more labor organizations if the Agency decides that the use of project labor agreements will:

a. Advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement, produce-labor management stability and ensure compliance with laws and regulations governing safety and health. Equal opportunity, labor and employment standards and other matters and…

b. Be consistent with law.

Reference Provision: 52.222-23 Notice of Requirement for Project Labor Agreement Clause 52.222-34 Project Labor Agreements.

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. Of particular interest to the Government are responses to the following questions:

1. Should PLA’s be executed on selected large dollar contracts within the San Antonio area? What other factors should the Corps of Engineers consider before deciding to include PLA provisions in a Fort Worth District contract? What type of project should or should not be considered for the utilization of a PLA?

2. Is the use of PLA’s effective in achieving economy and efficiency in Federal procurement? What is the estimated relative cost impact or any other economies or efficiencies derived by the Federal Government if using PLA’s? Will a PLA impact the cost of submitting an offer?

3. Is the use of PLA’s effective in producing labor-management stability? Have labor disputes or other labor issues contributed to project delays in the local area?

4. Is the use of PLA’s conducive to ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards and other relevant matters? Are there instances where these standards have not been met on Federal contracts in the local area? Were PLA’s used for those specific contracts?

5. Projects will require multiple construction contractors and/or subcontractors employing working in multiple crafts or trades. Do you foresee any work on projects that may result in both prime contractor and at least one subcontractor or two or more subcontractors employing the same trade?

6. Are there concerns by prime contractors on the availability of skilled construction labor? Information may reference current apprenticeship statistics and workforce age demographics.

7. Completion of anticipated projects will require an extensive performance period. Will a PLA impact completion time? What is the anticipated volatility in the labor market for the trades required for the execution of the project? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

8. Where have PLA’s been used on comparable projects undertaken by Federal, State, Municipal or private entities in the San Antonio area?

9. Will the use of PLA’s impact the ability of potential offerors and/or subcontractors to meet the Small Business utilization goals?

Note: For yes or no answers - please provide supporting narrative. Please provide your comments via email ONLY to stella.i.morales@usace.army.mil NLT the date annotated above.

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