Maintenance Dredging, Delaware River, Philadelphia to Sea and Wilmington Harbor, Christina River

The Corps of Engineers Philadelphia District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLA) for the following large scale (exceeding $35 million) construction project: Maintenance Dredging: Delaware River, Philadelphia to Sea & Wilmington Harbor, Christina River Project.

Project Description: Contract work consists of maintenance dredging of approximately 2.7 million cubic yards of sediment within the Delaware River, Philadelphia to Sea main navigation channel between Stations 117+000 and 237+500 and approximately 475,000 cubic yards from Wilmington Harbor, Christina River. Work includes hydraulic dredging with placement of the dredged material into the Pedricktown, Killcohook, Artificial Island and/or Reedy Point disposal areas. All dredging will be performed to the required depths indicated with 1-foot allowable overdepth. All dredging shall be performed as contour dredging. Before and after dredging surveys for measurement will be performed by the government and shall be requested by the contractor a minimum of two days prior to beginning or completing a dredging section. Magnitude is $25,000,000.00 to $100,000,000.00.

Some of the factors that may be considered regarding PLA 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 PLAs on other comparable projects in this geographic area.

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.

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:

a. Should a PLA be executed on the above-described Maintenance Dredging, Delaware River, Philadelphia to the Sea and Wilmington Harbor Projects? What benefits do you believe a PLA could achieve? What other factors should the Corps ofEngineers consider before deciding to include PLA provisions for the Maintenance Dredging, Delaware River, Philadelphia to the Sea and Wilmington Harbor Projects?

b. Will the use of a PLA be effective in achieving economy and efficiency? If so, how? What is the estimated relative cost impact, or any other economies or efficiencies derived by the Federal Government, if using a PLA? Will a PLA impact the cost of submitting an offer?

c. 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?

d. 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?

e. 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?

f. Are there concerns by prime contractors on the availability of skilled construction labor? Are there large-scale construction projects in the area 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?

g. How will a PLA impact the completion time? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule?

h. Where have PLAs been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of this project?

i. Will the use of PLAs impact the ability of potential Offerors and subcontractors to meet small business utilization goals?

THIS IS NOT A SOLICITATION FOR PROPOSALS 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 solicitations announcements separately from responses to this market survey.

Please provide your comments via email to Zaquette Everett, Contract Specialist, at zaguette.everett@usace.army.mil no later than 4:00pm EST on 15 March 2023.