Federal Acquisition Regulation; Federal Acquisition Circular 2005-41; Small Entity Compliance Guide, 19179-19180 [2010-8119]
Download as PDF
<![CDATA[
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 https://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 https://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
