FAR 52.222-33 - Notice of Requirement for Project Labor Agreement

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Prescribed in 22.505(a)(1)
Effective Date:	1 May 2010
Clause or Provision:	Clause
Provision or Clause Number:	52.222-33 - Notice of Requirement for Project Labor Agreement
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Cost Reimbursement, Construction; Fixed Price, Construction
Optional:	Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Time & Material/Labor Hour; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:	Employment/Labor/Wages
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription For acquisition of large-scale construction projects, if the agency decides pursuant to this subpart that a project labor agreement will be required, the contracting officer shall— (a) Insert the provision at 52.222-33, Notice of Requirement for Project Labor Agreement, in all solicitations associated with the construction project. (1) Use the provision with its Alternate I if the agency decides to require the submission of a project labor agreement from only the apparent successful offeror, prior to contract award. (2) Use the provision with its Alternate II if an agency allows submission of a project labor agreement after contract award.
Clause Overview:	Clause (a) Definitions “Labor organization” and “project labor agreement,” as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement. Project Labor Agreement (b) Consistent with applicable law, the offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract. (c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall— (1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement; (2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement; (5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, Executive orders, and agency requirements. (d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government. (e) The offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer. Alternates Alternate I (May 2010). As prescribed in 22.505(a)(1), substitute the following paragraphs (b) and (e) for paragraphs (b) and (e) of the basic clause. (b) The apparent successful offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract. (e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award. Alternate II (May 2010). As prescribed in 22.505(a)(2), substitute the following paragraph (b) in lieu of paragraphs (b) through (e) of the basic clause: (b) Consistent with applicable law, if awarded the contract, the offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:
Editor:	Marshall

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Personal notes.