Pla - Lowell Creek Flood Diversion at Seward, Alaska   4

Market Research for Use of a Project Labor Agreement on Alaska District Corps of Engineers Project Lowell Creek Flood Diversion, Seward, AK.

Synopsis: The Corps of Engineers, Alaska District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for a FY26 Design Bid Build (DBB) acquisition for the Lowell Creek Flood Diversion project in Seward, Alaska (SWE018).

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, which requires the use of PLAs in large-scale (defined as $35 million or more) Federal construction projects within the United States. Contractors and subcontractors working on largescale 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 if the use of project labor agreements will (1) advance the Federal Government's interest in achieving economy and efficiency in Federal procurement; (2) promote adequate competition at a fair and reasonable price; and (3) be consistent with statutes, regulations, laws etc. The Government is seeking information from both unionized and non-unionized contractors, as well as contractors familiar with the federal marketplace and new entrants, that may be interested in participating in competition for this procurement. Reference is made to: FAR 22.5 Use of Project Labor Agreements for Federal Construction Projects; FAR Provision 52.222-33 Notice of Requirement for Project Labor Agreement; and FAR Clause 52.222-34 Project Labor Agreement.

In consideration of the above factors and in order to assist in the evaluation as to whether an exception is necessary to the EO 14063 for this specific construction project, the Alaska District is soliciting information on use of PLAs in Alaska from the construction community. The Alaska District invites any interested party (contractors, project owners, contractor associations, labor unions, construction management firms, etc.) to respond and invites comment on the use of a PLA for this proposed project, responding to the questions below:

1. Will your firm submit a proposal for the Lowell Creek Flood Diversion at Seward, AK with a PLA requirement?

2. How much time do you anticipate for submission of a proposal which includes a PLA requirement to be provided at time of proposal submission, in accordance with FAR Clause 52.222-33?

3. 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.

4. What market share does union labor have in the Seward, Alaska geographical area?

5. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the
referenced project? If so, please elaborate and provide supporting documentation where possible.

6. Are you aware of time sensitive issues/scheduling requirements that would affect the rate at which the referenced
project should be completed? If so, please elaborate and provide supporting documentation where possible.

7. 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 or why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

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

9. Do you have knowledge that a PLA has been used in the local area on projects of this kind within the last 2-5 years? If so, please provide supporting documentation with the following items:

a. Project Name and Location

b. Project Description
c. Project Cost Initial Cost Estimate vs. Actual Final Cost
d. Was the project completed on time?
e. Number of craft trades present on the project?

f. Were there any challenges experienced during the project (delays, investigations, safety issues, labor shortages, management/organizational issues, etc.)?

Letters simply indicating support for or opposition to labor unions 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 provide your comments via email to Tammy Davis, at Tammy.Davis@usace.army.mil, NO LATER THAN 12 June 2025.