JBE088 Joint Integrated Test and Training Center   4

This is a request for information. This is not a Request for Proposals (RFP), Request for Quote (RFQ), or an Invitation for Bid (IFB) and it shall not be construed as an obligation on the part of the Government. There will be no solicitation, specification, or drawings available at this time. This is not an announcement of the availability of a solicitation nor is it a means of generating a plan holder's list.

The Corps of Engineers, Alaska District is soliciting comments from construction firms addressing the use of Project Labor Agreements (PLA) for the FY25 Joint Integrated Test And Training Center (JITTC), JBER, ALASKA (JBE088), Solicitation No. W911KB25R0001. 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 as described in 29 U.S.C. 158 (f). Effective January 22, 2024, Final Rule (FAR Case 2022-003), implements Executive Order (E.O.) 14063, Use of PLAs for Federal Construction Projects, requires the use of PLAs in large-scale (defined as $35 million or more) Federal construction projects within the United States. Solicitation W9111KB25R0001 was issued on 20 December 2024 including the requirement for submission of a PLA with an offeror's proposal.

Effective 7 February 2035, Class Deviation Waiver of Project Labor Agreement Requirements (2025-O00002), directed that contracting officers shall not use project labor agreements for large-scale construction projects, implemented at Federal Acquisition Regulation (FAR) subpart 22.5 and 36.104(c). Further, contracting officers shall amend solicitations to remove project labor agreement requirements, including any solicitation provisions and contract clauses prescribed at FAR 22.5. Consequently, all clauses related to the submission of a PLA for the solicitation were removed by amendment #11 on 7 March 2025.

On 19 May 2025, a preliminary injunction was granted by a US District Court causing a pause on all actions over $35M that relied upon the Class Deviation, 2025-O0002, to waive the use of a PLA.

Currently, contractors and subcontractors working on large-scale construction projects must negotiate or become party to a PLA with one or more labor organizations unless an exception is granted. This requirement applies to new solicitations, including task or delivery orders, issued on or after January 22, 2024.

The Government is requesting information to determine the impacts (positive or negative) of PLA requirements on your firm's decision whether to submit a proposal, as well as cost impacts associated with the use of a PLA. The Government is seeking information from both unionized and non-unionized contractors, as well as contractors familiar with the federal marketplace as well as new entrants, that did participate or may have been interested in participating in competition for this procurement.

In consideration of the above factors and in order to assist in the evaluation as to whether an exception is necessary to the FAR 22.5 for this specific construction project, the Alaska District [PMJP1] invites construction contractors to respond and invites comment on the use of a PLA for this proposed project, responding to the questions below:

1. Did PLAs factor into your decision whether to propose on this project? If yes, how?
2. Would your firm have submitted a proposal for the Joint Integrated Test And Training Center, JBER, AK if the PLA requirement had remained a requirement in the solicitation?
3. If your firm did not submit a proposal, why not? Would it have if we added a PLA requirement?
4. Would a PLA contribute to cost savings on the JBE088 project? If so, how and by how much on a percentage basis? We are looking for responses specific to this project.
5. Could a PLA minimize risk to the Government on the JBE088 project? If so, how?
6. Are there ways a PLA would increase costs on the JBE088 project? If so, how and by how much on a percentage basis? We are looking for responses specific to this project.
7. Are there skilled labor shortages in the area this project will be performed for those crafts that will be needed to complete this referenced project?
8. Would adding a PLA impact the time needed to propose? If so, by how much?
9. Are there time sensitive issues/scheduling requirements that would affect the rate at which this construction project should be completed?

Please limit your responses to NO MORE THAN THREE (3) PAGES IN LENGTH.

LETTERS SIMPLY INDICATING SUPPORT FOR OR OPPOSITION TO LABOR UNIONS AND/OR PLAs DO NOT OFFER ANY USEFUL INFORMATION AND WILL NOT BE CONSIDERED.

After review of the responses to this special notice, the Government intends to decide on whether to pursue an exception to the mandatory use of a PLA or not. The Government will not contact the responders for clarification of information provided. This survey is for planning purposes only and shall not be construed as a Request for Proposal or as an obligation on the part of the Government. The Government does not intend to award a contract based on this market survey or otherwise pay for the requested information. The Government will not provide a debriefing on the results of this survey. All information will be held in a confidential manner and will only be used for the purposes intended. Please provide your comments via email to Michelle Mandel, at Michelle.R.Mandel@usace.army.mil, NO LATER THAN 3 July 2025.

Place of Performance:

Joint Base Elmendorf-Richardson, Alaska