Project Labor Agreement Survey

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Contract Opportunity

Subject: Formosa Mine Cap Superfund Remedial Action, Riddle, Oregon

NAICS Code: 562910 Remediation Services $25.0 small business size standard in millions of dollars

Product Service Code: Z1QA Maintenance of Restoration of Real Property (Public or Private)

THIS IS A PROJECT LABOR AGREEMENT (PLA) SURVEY ONLY. THIS IS NOT A REQUEST FOR PROPOSAL, REQUEST FOR QUOTE, OR INVITATION FOR BID. THERE WILL NOT BE A SOLICITATION, SPECIFICATIONS OR DRAWINGS AVAILABLE AT THIS TIME.

This is a SPECIAL NOTICE. No proposals are being requested or accepted with this notice. The Corps of Engineers Seattle District is soliciting comments from the construction community addressing the required use of PLA for large scale construction projects as defined by FAR 22.502 (Total estimated costs of the construction contract to the Federal Government is $35 million or more) within Riddle, Oregon.

DESCRIPTION OF WORK:

The Formosa Mine Superfund site is an abandoned mine located in southwest Oregon in Douglas County. Locally, it is situated in the Coast Range Klamath Mountains at elevations between 3,200 and 3,700 feet (ft) above mean sea level (amsl) on Silver Butte Peak (3,973 ft amsl).

The project scope of work consists of activities necessary to implement primarily the earthwork-related requirements of the EPA’s Record of Decision for the Formosa Mine Superfund Site Operable Unit (OU) 1. OU1 includes all surface and subsurface mine materials deposited outside of the underground mine workings and considered "source materials" for the Site. These include materials excavated during construction and operation of the mine such as waste rock, ore, tailings, construction rock, road surfaces, and contaminated soils. The objectives of the OU1 remedial action are to remove, consolidate, and restrict or minimize the interaction of contaminant source materials with precipitation, surface water runoff, and groundwater. The remedial approach focuses on preventing direct exposure to mine waste with elevated concentrations of metals and reducing acid rock drainage (ARD) generation, thus, reducing impacts to groundwater and surface water. The remedial action includes OU1 mine materials at the encapsulation mound (EM); former ore storage/million-gallon storage tank area; the Formosa Adit 2, Formosa Adit 3, and 1090 Raise waste rock dumps (WRDs); and roads containing mine materials adjacent to these areas.

The specific project scope of work includes the following actions:

• Stabilizing the steep encapsulation mound (EM) slopes with gabion walls;

• development of a clean materials borrow area and non-primary mine disturbance area (PDMA) mine material repository;

• grading and consolidation of mine materials in the non-PMDA mine material repository;

• impermeable cover construction on the EM, former ore storage/million-gallon storage tank, and non-PMDA mine material repository;

• grading, amendment and revegetation of mine materials at the area southwest of the EM, and Formosa Adit 2, Formosa Adit 3, and 1090 Raise waste rock dumps (WRD)s; and

• excavation of mine materials from roads, reconstruction of roads within the project limits, and construction of a steep slope northwest (NW) access road for gabion wall placement.

MAGNITUDE:

In accordance with DFARS 236.204, the magnitude of the estimated cost of construction (ECC) range for this project is between $25,000,000 and $100,000,000.

FACTORS TO BE CONSIDERED:

Some of the factors that may be considered regarding PLA use are:

(1) FAR 22.504(d)(i): Requiring a project labor agreement on the project would not advance the Federal Government's interests in achieving economy and efficiency in Federal procurement. The exception shall be based on one or more of the following factors:

(A) The project is of short duration and lacks operational complexity.

(B) The project will involve only one craft or trade.

(C) The project will involve specialized construction work that is available from only a limited number of contractors or subcontractors.

(D) The agency's need for the project is of such an unusual and compelling urgency that a project labor agreement would be impracticable.

(2) The unique and compelling schedule requirements of a particular project (e.g., projects that are tied to court-imposed deadlines or mission-critical schedules may provide a basis for a PLA requirement).

(3) Skilled labor shortages (e.g., projects located in a remote location where a contractor may encounter difficulties in recruiting and retaining a skilled workforce for an extended period, or projects where there may be competition within the contractor community due to concurrent large-scale construction contracts in the project vicinity).

FEDERAL ACQUISITION REGULATIONS (FAR):

PLAs are required for all construction projects estimated at $35 Million or greater (using appropriated funds), unless an exception applies, as provided at FAR 22.504(d).

INDUSTRY COMMENTS:

The construction community is invited to comment on the use of PLAs using the following questions:

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.

2) 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.

3) 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.

4) 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.

5) Identify specific reasons why you do not believe a PLA would advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement.

6) Identify any additional information you believe should be considered on the use of a PLA on the referenced project.

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

Please provide a list of recent (2-5 years) construction projects in the local labor market of the project under consideration. The information gathered in this exercise should include the following information:

a) Project Name and Location

b) Detailed Project Description

c) Initial Cost Estimate vs. Actual Final Cost

d) Was the project completed on time?

e) Number of craft trades present on the project

f) Was a PLA used?

g) Were there any challenges experienced during the project?

THIS IS NOT A SOLICITATION FOR PROPOSALS AND DOES NOT CONSTITUTE ANY COMMITMENT BY THE GOVERNMENT. Responses to this PLA market survey will be used by the Government to make appropriate acquisition decisions. All interested sources must respond to future solicitations announcements separately from responses to this market survey.

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