Missouri River Levee L594-601 Repair

The U.S. Army Corps of Engineers (USACE) Omaha District intends to determine the extent of capable small businesses and other than small business firms that have the availability in providing the requirement described below.  USACE is considering issuing a Total Small Business Set-Aside, Two-Step Invitation for Bid (IFB) that will result in one (1) Firm Fixed-Price contract for the Missouri River Levee L594-601 Repair on the Missouri River in Mills and Fremont County, Iowa.  The North American Industry Classification System (NAICS) Code is 237990, (Other Heavy and Civil Engineering Construction). Estimated Magnitude of Construction: Between $50,000,000 and $100,000,000. Bid bonds will be required to be submitted with the Step Two bid submission.  Payment and Performance Bonds will be required for the full amount (100%) at the time of contract award before the Notice to Proceed (NTP) can be issued.

PROJECT SCOPE: Missouri River Levee L594-601 project includes repairing damages of breaches and filling scour holes of various lengths and depths, loss of critical levee sections, crest damage, landside and riverside embankment erosion, berm damage, levee ramp damage, levee surfacing, toe drain, drainage structure damage, relief well damage, pump station damage, other equipment or instrumentation damage, loss of vegetation, seepage boils, and slope failure.  The work will be along the left bank of the Missouri River, approximately between the towns of Bartlett, Iowa and Pacific Junction, Iowa.

USACE is seeking comments from the construction community for the following:

1. Use of Project Labor Agreements (PLA) for this project;
2. Whether a small business set-aside would be competitive considering the bonding requirements and potential PLA requirements.

A PLA is defined as a pre-hire collective bargaining agreement between a Prime contractor and 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). 

***PLEASE ANSWER THE QUESTIONS VIA THE LINK AT THE BOTTOM OF THIS NOTICE *** 

Federal Acquisition Regulation (FAR 22.503) Policy provides that:

(a) Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use project labor agreements in large-scale 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

Interested prime contractors must have an active System for Award Management (SAM) registration. Firms can register via the SAM website at https://sam.gov/. If an offeror is a Joint Venture (JV), the JV entity must have valid SAM registration in the SAM database representing the JV as one (1) business/firm/entity. The point of contact for all questions/inquiries is Contract Specialist Karen Caskey at email above karen.l.caskey@usace.army.mil.

Please incorporate responses to the following questions within your submission:

The questions are in the following link:

https://forms.osi.apps.mil/r/a1KEhTK5aR?origin=lprLink

The link is also available in the link section below.