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Special Notice Synopsis

W912EP24Z0023

This announcement constitutes a Special Notice Synopsis. This announcement seeks information from industry and will only be used for preliminary planning purposes. THIS IS NOT A SOLICITATION FOR PROPOSALS AND NO CONTRACT SHALL BE AWARDED FROM THIS SYNOPSIS. Respondents will not be notified of the results of the evaluation.

The U.S. Army Corps of Engineers, Jacksonville District previously issued a sources sought notice in September 2023 (W912EP24Z0006) as a means of conducting market research to gauge the interest, capabilities and qualifications of various members of the Construction Community, to include Small Businesses, as the Government must ensure there is adequate competition amongst the potential pool of responsible contractors.

The U.S. Army Corps of Engineers, Jacksonville District is now soliciting comments from the construction community to specifically address the potential use of Project Labor Agreements (PLAs) for this large-scale construction project for potential award in FY2024:

Project Name: COMPREHENSIVE EVERGLADES RESTORATION PLAN, INDIAN RIVER LAGOON SOUTH, C-23/C-24 NORTH RESERVOIR, S-426, CONTRACT 4A, St. Lucie County, Florida

Project Description: The Jacksonville District of the U.S. Army Corps of Engineers has a new requirement for an access road, earthwork, pump station, drainage canal, and culverts in St. Lucie County adjacent to the C-24 Canal, within the northwestern portion of the C-24 drainage basin. The Comprehensive Everglades Restoration Plan (CERP) was authorized by Congress in 2000. The main objective of the plan is hydrologic restoration. This will be achieved by increasing water storage capacity and redistributing water to reestablish ecologically desirable patterns of depth, distribution and flow in the freshwater wetlands and salinity regimes in estuaries. CERP contains multiple elements, designed to restore ecosystem function and ensure adequate water supply (storage and distribution) while other efforts are designed to address water quality. One of the elements of CERP is the Indian River Lagoon South, C-23/C-24 North Reservoir Contract 4A, St. Lucie County, Florida.

The Scope of Work for this project includes the construction of a portion of the North Reservoir including the following project features:

Work includes constructing a 650-cfs pump station and adjacent site work including a blanket drain.

The work includes constructing the PC-37 drainage canal along the southern property line and several culverts for draining property south of the PC-37 Canal labeled PC-37-1, PC-37-2, PC-37-3, PC-37-4, and PC-37-5;

Work includes constructing the project access from SR-70 to S-426. The project access includes, but is not limited to, a limerock access road and roadside swale(s).

Work includes the installation and removal of a surcharge berm.

Contract 2 includes 12 total Water Control Structures:

• Gated Culverts S-506A, S-508B, S-508D, and S-511


• Ungated Culverts S-500A, S-505E, S-506B, S-508A, and S-509


• Fixed, Broad-crested Weirs S-505B, S-505C, and S-505F

The Estimated Magnitude of Construction is between $100,000,000 and $250,000,000.

The estimated period of performance for the contract is 1,275 calendar days after receipt of notice to proceed excluding final establishment of grass after seeding.

The applicable North American Industry Classification System (NAICS) code assigned to this procurement is 237990, Other Heavy and Civil Engineering Construction. The Small Business Size Standard for this project is $45 million.

A Project Labor Agreement (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 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 seeking information from both unionized and non-unionized contractors, as well as contractors familiar with the federal marketplace as well as new entrants, that may be interested in participating in competition for this procurement. Reference is made to: FAR Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects; provision, FAR 52.222-33 Notice of Requirement for Project Labor Agreement; and to clause, FAR 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 PLA's. The Government is requesting responses to the following questions:

All responses to this Special Notice will be evaluated and used in determining acquisition strategy.

1. 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.

• Project Name and Location


• Detailed Project Description


• .Initial Cost Estimate vs. Actual Final Cost


• .Was the project completed on time?


• .Number of craft trades present on the project


• Were there any challenges experienced during the project?

2. Are you aware and/or are there concerns by the prime contractors 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. Information may reference current apprenticeship statistics and workforce age demographics.

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

4. Are you aware of any cost impact where the use of PLA will affect the construction cost of the referenced project? If so, please elaborate and provide supporting documentation.

5. Based on FAR 52.222-33 and alternates and 52.222-34 and alternates do you see any negative and/or positive impacts of submitting the PLA at one phase of the procurement process over another? If so, please explain. Also, provide an estimated and realistic timeframe that your company will be able to finalize a PLA.

6. Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

7. Identify specific reasons 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 with supporting documentation/statistics that you believe should be considered on the use of a PLA on the referenced project.

9. Identify any additional information with supporting documentation/statistics that you believe should be considered on the non-use of a PLA on the referenced project.

10. Is your firm a serious interested party in that you intend to submit a proposal for this procurement? Will the use of a PLA impact your ability to bid? If so, please explain?

Additional feedback requested:

1. If you anticipate submitting a proposal, do you have any concerns with obtaining bonding for the estimated period

of performance based on your estimated price proposal? If so, please explain.

2. Does your firm have any potential alternatives to address the bonding capability requirements?

All responses to this Special Notice will be evaluated and used in determining acquisition strategy.

Submission Instructions: Serious interested parties who consider themselves qualified to perform the above-listed project are invited to submit a response to this Special Notice by no later than February 5, 2024 at 2:00PM, EST. All responses under this Sources Sought shall be sent via email to Chad Manson at chad.d.manson@usace.army.mil.

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