The U.S. Army Corps of Engineers, Honolulu District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLA) on the following large scale construction project (exceeding $35 million) within the State of Hawaii:
FY25 Company Operations Facility, Schofield Barracks, Oahu, Hawaii
Project Description: The purpose of this design-bid-build project is to construct a standard design Company Operations Facilities for 4 companies and Troop Aid Station. The project is designed to current NFPA, IBC, NEC codes as well as applicable UFCs and the Army Standard Design for company operations facilities.
Project includes detached administrative module, supply (readiness) module with platoon offices, covered concrete hardstand area, and an option line for a gravel parking lot across the road. Site work includes but is not limited to cut and fill, site improvement, retaining wall, detention basin, landscaping, irrigation, utilities, parking, paving, curbs and gutters. This requirement will include the construction of five (5) new structures, two (2) 1-story Readiness Module buildings for Assembly/Storage occupancy (~10,200sf and ~13,800sf), two (2) 1-story Covered Hardstands for Storage occupancy (~3,500sf and ~4,300sf), and one (1) 2-story Admin Module building (~16,000sf).
A PLA is defined as a pre-hire collective bargaining agreement between one or more labor organizations that sets the terms and conditions of employment for a specific construction project, as outlined in 29 U.S.C. 158(f). Starting January 22, 2024, the Final Rule (FAR Case 2022-003) will implement Executive Order (E.O.) 14063, which mandates the use of PLAs for large-scale federal construction projects (defined as projects valued at $35 million or more) within the United States. Contractors and subcontractors involved in such projects must either negotiate or become signatories 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 seeking information to assess whether the use of Project Labor Agreements will: (1) support the Federal Government's goal of achieving economy and efficiency in federal procurement; (2) foster adequate competition at fair and reasonable prices; and (3) align with applicable statutes, regulations, and laws. Input is being requested from both unionized and non-unionized contractors, as well as those with experience in the federal marketplace, including potential new entrants interested in participating in this procurement. Reference is made to Federal Army Regulation (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).
To assist in the evaluation as to whether an exception is necessary to the EO 14063 for this specific construction project, the Honolulu District is soliciting information on use of PLAs in the State of Hawaii from the construction community. The Honolulu 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:
- Will your firm submit a proposal for the FY25 Company Operations Facility with a PLA requirement?
- 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?
- What market share does union labor have in the State of Hawaii?
- Are you aware of any instances where a PLA has been used on similar project in the local area? If so, please provide supporting documentation?
- 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.
- 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.
- Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.
- Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.
- Identify any additional information you believe should be considered on the non-use of a PLA on the referenced project.
- Do you have knowledge that a PLA has been used in the local area on projects of this type within the last 2-5 years? If so, please provide supporting documentation with the following items:
- Project Name and Location.
- Project Description.
- Project Cost – comparison of Initial Cost Estimate to Actual Final Cost?
- Was the project completed on-time?
- Number of craft trades present on the project?
- Was a PLA used? (Y/N)
- Were there any challenges experienced during project? (delays, investigations, health and 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.
Submission Instructions:
Please provide your project specific responses via e-mail to Ms. Kristin Schultz, at kristin.e.schultz@usace.army.mil and Ms. Jennifer Ko, at jennifer.i.ko@usace.army.mil, no later than January 16, 2025, at 2:00 p.m., Hawaii Standard Time.
Include the Notice Identification Number, W9128A-25-Z-0004, in the subject line of your response.
