Sources Sought Notice: Fire Island Inlet to Montauk Point, Suffolk | Fire Island Inlet to Moriches Inlet Reach

Suffolk County, NY, PL 84-99, FIMI PIR 2024 Placement: PLA Notice 11 April 2024

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), Fire Island Inlet to Montauk Point, Suffolk County, NY, Contract FIMI PL 84-99 emergency placement project. The NAICS Code is 237990 (Other Heavy and Civil Engineering Construction). Any potential competitive 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 FIMI PL 84-99 PIR 2024 is a structural contract that includes repair and restoration of the project to design conditions, including advance fill. The total work will consist of

approximately 1.7 million CY of beachfill restoration on the eroded shoreline, replacement of approximately 35,202 ft of sand fencing, planting of approximately 31 acres of dune grass, repair of approximately 6-10 elevated timber dune crossover

structures, and repair of approximately two vehicular crossovers. The sand will be dredged from the Atlantic Ocean Sand Borrow Area 2C.

The critically needed beachfill will restore the eroded beach that spans a distance of 44,150 feet spanning between the communities of Ocean Bay Park to Davis Park in Suffolk County, NY. Placement length is approximately 23,000 feet. The beachfill includes a beach berm at elevation +8.5 ft NAVD88, backed by a dune with a height of +14ft NAVD88. The dune will have a crest width of 25 ft and 1V:5H side slopes on both landward and seaward sides. The construction berm width will be 90 ft plus advance nourishment fill, with an onshore slope of 1V:20H to elevation -1ft NAVD88 and an offshore slope of approximately 1V:15H to ocean bottom.

For this PLA:

Approximately 1,700,000 cubic yards of material will be dredged from offshore borrow sites. The material will be placed to form a berm at elevation +8.5 ft NAVD88, backed by a dune with a height of +14ft. The proposed construction schedule is to start October

2024, and project cost is estimated between $50 million and $100 million. Duration of construction will be approximately six months after Notice to Proceed. Notice to Proceed is anticipated to occur approximately in September of 2024.

This timeline assumes the full placement will be part of one contract. The timeline may change if the contract is divided.

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 of 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

(a) Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use project labor agreements in largescale construction projects to promote economy and efficiency in the administration

and completion of Federal construction projects.

(b) 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.

(c) 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—

(i) 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 (ii) Be consistent with law.

(2) 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:

(i) The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades.

(ii) There is a shortage of skilled labor in the region in which the construction project will be sited.

(iii) Completion of the project will require an extended period of time.

(iv) Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project.

(v) 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.

(vi) Any other factors that the agency decides are appropriate.

(d) 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, if available, the initial and final cost, number of trades on the project, if the project was completed on Sources Sought Notice: Fire Island Inlet to Montauk Point, Suffolk | Fire Island Inlet to

Moriches Inlet Reach

Suffolk County, NY, PL 84-99, FIMI PIR 2024

Placement: PLA Notice 11 April 2024

4

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

Montauk Point Lighthouse, New York) 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?

Sources Sought Notice: Fire Island Inlet to Montauk Point, Suffolk | Fire Island Inlet to

Moriches Inlet Reach

Suffolk County, NY, PL 84-99, FIMI PIR 2024

Placement: PLA Notice 11 April 2024

5

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. The Government 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 Mike McCue, Contract Specialist at:

Email: michael.l.mccue@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.