Federal Acquisition Regulation; Federal Acquisition Circular 2005-41; Small Entity Compliance Guide, 19179-19180 [2010-8119]

Download as PDF srobinson on DSKHWCL6B1PROD with RULES3 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Rules and Regulations clause of this solicitation entitled 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. (End of Provision) 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. 52.222–34 Project Labor Agreement. As prescribed in 22.505(b)(1), insert the following clause: VerDate Nov<24>2008 19:17 Apr 12, 2010 Jkt 220001 PROJECT LABOR AGREEMENT (May 2010) (a) Definitions. As used in this clause— Labor organization means a labor organization as defined in 29 U.S.C. 152(5). Project labor agreement means a prehire 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). (b) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into prior to the award of this contract in accordance with solicitation provision 52.222–33, Notice of Requirement for Project Labor Agreement. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts with subcontractors engaged in construction on the construction project. (End of Clause) Alternate I (May 2010). As prescribed in 22.505(b)(2), substitute the following paragraphs (b) through (f) for paragraphs (b) and (c) of the basic clause: (b) Consistent with applicable law, the Contractor shall negotiate a project labor agreement with one or more labor organizations for the term of this construction contract. The Contractor shall submit an executed copy of the project labor agreement to the Contracting Officer. (c) Consistent with applicable law, the project labor agreement reached pursuant to this clause shall— (1) Bind the Contractor and all subcontractors engaged in construction on the construction project to comply with the project labor agreement; (2) Allow the Contractor 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 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 19179 not change the terms of this contract or provide for any price adjustment by the Government. (e) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into pursuant to this clause. (f) Subcontracts. The Contractor shall require subcontractors engaged in construction on the construction project to agree to any project labor agreement negotiated by the prime contractor pursuant to this clause, and shall include the substance of paragraphs (d) through (f) of this clause in all subcontracts with subcontractors engaged in construction on the construction project. [FR Doc. 2010–8118 Filed 4–12–10; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2010–0077, Sequence 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–41; Small Entity Compliance Guide AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of the summary of the rule appearing in Federal Acquisition Circular (FAC) 2005–41 which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005–41 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below. Please cite FAC 2005–41 and the specific FAR case number. For information pertaining to status or E:\FR\FM\13APR3.SGM 13APR3 19180 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Rules and Regulations publication schedules, contact the FAR Secretariat at (202) 501–4755. RULE LISTED IN FAC 2005–41 Subject FAR case Use of Project Labor Agreements for Federal Construction Projects .......................................... A summary for the FAR rule follows. For the actual revisions and/or amendments made by this FAR case, refer to FAR Case 2009–005. FAC 2005–41 amends the FAR as specified below: SUPPLEMENTARY INFORMATION: Use of Project Labor Agreements for Federal Construction Projects (FAR Case 2009–005) srobinson on DSKHWCL6B1PROD with RULES3 This final rule amends the FAR to implement Executive Order (E.O.) 13502, Use of Project Labor Agreements for Federal Construction Projects. The VerDate Nov<24>2008 20:05 Apr 12, 2010 Jkt 220001 E.O. encourages the use of project labor agreements for Federal construction projects where the total cost to the Government is $25 million or more in order to promote economy and efficiency in Federal procurement. The rule provides that an agency may, if appropriate, require that every contractor and subcontractor engaged in construction on a construction project agree, for that project, to negotiate or become a party to a project labor agreement with one or more labor organizations. The rule identifies factors that agencies may consider to help them PO 00000 Frm 00014 Fmt 4701 Sfmt 9990 2009–005 Analyst Woodson. decide, on a case-by-case basis, whether the use of a project labor agreement is likely to promote economy and efficiency in the performance of a specific construction project, and multiple strategies for timing the Federal Government’s receipt of project labor agreements. Dated: April 2, 2010. Al Matera, Director, Acquisition Policy Division. [FR Doc. 2010–8119 Filed 4–12–10; 8:45 am] BILLING CODE 6820–EP–S E:\FR\FM\13APR3.SGM 13APR3

Agencies

[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Rules and Regulations]
[Pages 19179-19180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8119]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0077, Sequence 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-41; Small Entity Compliance Guide

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

-----------------------------------------------------------------------

SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator of the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996. It consists of the summary of the rule appearing in Federal 
Acquisition Circular (FAC) 2005-41 which amends the Federal Acquisition 
Regulation (FAR). Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-41 which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-41 and the specific FAR case number. 
For information pertaining to status or

[[Page 19180]]

publication schedules, contact the FAR Secretariat at (202) 501-4755.

                                                               Rule Listed in FAC 2005-41
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Subject                                                           FAR case            Analyst
-------------------------------------------------------------------------------------------------------------------------------------------------------
Use of Project Labor Agreements for Federal Construction Projects..............................................  2009-005           Woodson.
--------------------------------------------------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to FAR 
Case 2009-005.
    FAC 2005-41 amends the FAR as specified below:

Use of Project Labor Agreements for Federal Construction Projects (FAR 
Case 2009-005)

    This final rule amends the FAR to implement Executive Order (E.O.) 
13502, Use of Project Labor Agreements for Federal Construction 
Projects. The E.O. encourages the use of project labor agreements for 
Federal construction projects where the total cost to the Government is 
$25 million or more in order to promote economy and efficiency in 
Federal procurement. The rule provides that an agency may, if 
appropriate, require that every contractor and subcontractor engaged in 
construction on a construction project agree, for that project, to 
negotiate or become a party to a project labor agreement with one or 
more labor organizations. The rule identifies factors that agencies may 
consider to help them decide, on a case-by-case basis, whether the use 
of a project labor agreement is likely to promote economy and 
efficiency in the performance of a specific construction project, and 
multiple strategies for timing the Federal Government's receipt of 
project labor agreements.

    Dated: April 2, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-8119 Filed 4-12-10; 8:45 am]
BILLING CODE 6820-EP-S