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Description: The Corps of Engineers Louisville District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLAs) from large scale construction projects (exceeding $25 million) for projects consisting of interior and exterior modernization, renovation, and repair of existing residential/commercial construction projects.

This project will construct a two-story, 39,000 SF facility with a mechanical penthouse constructed of Kentucky regional materials inspired by agricultural influences such as rustic limestone, limestone gladding, high performance structural silicone glazing and oxidized metal panels located on the University of Kentucky campus. The facility interior will consist of laboratory, office space as well as informal/shared meeting area and personal/flexible spaces.

The new research facility for the United States Department of Agriculture – Agricultural Research Service (USDA-ARS) has the “mission to provide improved sustainability and profitability of forage-based livestock enterprises” in the local region. The project will be in on the University of Kentucky’s College of Agriculture, Food and the Environment (UK-CAFÉ) campus and consists of Research Laboratories, Support Laboratories, Offices for principal investigators and their teams, collaboration space, along with Greenhouse and Headhouse facilities. Laboratory requirements/features include: daylighting, open and closed labs, chemical fume hoods, biosafety cabinets, lab air, lab vacuum, dedicated ventilation system and primary/secondary protection devices. Other requirements include compliance with ANSI Z-3581 Emergency Eye Wash & Shower Equipment standard and the installation of modern utilities such as deionized water, natural gas and custom gases. Specialized equipment installation will be required for items such as: walk-in cold room, walk-in freezer room, chemical fume hood, autoclave, glassware washer, liquid nitrogen freezer and storage tanks, etc.

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 described in 29 U.S.C. 158(f). Federal Acquisition Regulation (FAR) Policy:

(a) Project Labor Agreement (PLA) is a tool that agencies may use to promote economy and efficiency in Federal procurement. Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects.

(b) 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

(1) Advance the Federal Governments 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 (2) Be consistent with law.

Reference: Provision: 52.222-33 Notice of Requirement for Project Labor Agreement and Clause 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 PLAs. Of particular interest to the Government are responses to 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 Governments interest in achieving economy and efficiency in federal procurement.

5) Identify specific reasons why you do not believe a PLA would advance the Federal Governments 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 your comments via e-mail to Josh Westgate at Joshua.K.Westgate@usace.army.mil no later than 10:00 AM EST on 21 April 2023.

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