Federal Acquisition Regulation; Federal Acquisition Circular 2024-02; Small Entity Compliance Guide, 88729-88730 [2023-27737]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Rules and Regulations
the order. The Contracting Officer will
require that an executed copy of the
project labor agreement be submitted to
the agency—
(i) With the order offer;
(ii) Prior to award of the order; or
(iii) After award of the order.
(2) The Offeror shall require its
subcontractors to become a party to the
resulting project labor agreement for the
term of the order.
■ 11. Amend section 52.222–34 by—
■ a. Revising the date of the clause;
■ b. Adding in alphabetical order
definitions for ‘‘Construction’’ and
‘‘Large-scale construction project’’ and
revising the definition ‘‘Labor
organization’’ in paragraph (a);
■ c. Removing from paragraph (b) ‘‘this
contract in accordance with solicitation
provision 52.222–33, Notice of
Requirement for Project Labor
Agreement’’ and adding ‘‘the contract’’
in its place;
■ d. Removing from paragraph (c) ‘‘all
subcontracts’’ and adding
‘‘subcontracts’’ in its place;
■ e. In Alternate I:
■ i. Revising the date and paragraph (b);
■ ii. Removing from paragraph (c)
introductory text ‘‘Consistent with
applicable law, the project’’ and adding
‘‘The project’’ in its place;
■ iii. Removing from paragraph (c)(1)
‘‘and all’’ and adding ‘‘and’’ in its place;
■ iv. Removing from paragraph (c)(4)
‘‘the project’’ and adding ‘‘the term of
the project’’ in its place; and
■ v. Removing from paragraph (f)
‘‘clause in all subcontracts’’ and adding
‘‘clause in subcontracts’’ in its place;
and
■ f. Adding Alternate II.
The revisions and additions read as
follows:
52.222–34
Project Labor Agreement.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES2
Project Labor Agreement (Jan 2024)
(a) * * *
Construction means construction,
reconstruction, rehabilitation,
modernization, alteration, conversion,
extension, repair, or improvement of
buildings, structures, highways, or other
real property.
Labor organization means a labor
organization as defined in 29 U.S.C.
152(5) of which building and
construction employees are members.
Large-scale construction project
means a Federal construction project
within the United States for which the
total estimated cost of the construction
contract(s) to the Federal Government is
$35 million or more.
*
*
*
*
*
VerDate Sep<11>2014
18:55 Dec 21, 2023
Jkt 262001
Alternate I (Jan 2024) * * *
(b) The Contractor shall—
(1) Negotiate or become a party to a
project labor agreement with one or
more labor organizations for the term of
this construction contract; and
(2) Submit an executed copy of the
project labor agreement to the
Contracting Officer as required in the
solicitation.
*
*
*
*
*
Alternate II (Jan 2024). As prescribed
in 22.505(b)(3), substitute the following
paragraphs (b) through (f) for paragraphs
(b) through (f) of the basic clause:
(b) When notified by the agency (e.g.,
by the notice of intent to place an order
under 16.505(b)(1)) that this order will
use a project labor agreement, the
Contractor shall negotiate or become a
party to a project labor agreement with
one or more labor organizations for the
term of the order. The Contracting
Officer shall require that an executed
copy of the project labor agreement be
submitted to the agency—
(1) With the order offer;
(2) Prior to award of the order; or
(3) After award of the order.
(c) The project labor agreement
reached pursuant to this clause shall—
(1) Bind the Contractor and
subcontractors engaged in construction
on the construction project to comply
with the project labor agreement;
(2) Allow all contractors and
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 clause does 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
order any project labor agreement
entered into pursuant to this clause.
(f) Subcontracts. For each order that
uses a project labor agreement, the
Contractor shall—
(1) Require subcontractors engaged in
construction on the construction project
PO 00000
Frm 00023
Fmt 4701
Sfmt 4700
88729
to agree to any project labor agreement
negotiated by the prime contractor
pursuant to this clause; and
(2) Include the substance of
paragraphs (d) through (f) of this clause
in subcontracts with subcontractors
engaged in construction on the
construction project.
[FR Doc. 2023–27736 Filed 12–21–23; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2023–0051, Sequence No.
7]
Federal Acquisition Regulation;
Federal Acquisition Circular 2024–02;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
ACTION:
Small Entity Compliance Guide
(SECG).
This document is issued
under the joint authority of DoD, GSA,
and NASA. 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 a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2024–02, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding this rule by
referring to FAC 2024–02, which
precedes this document.
SUMMARY:
December 22, 2023.
The FAC, including the
SECG, is available at https://
www.regulations.gov.
DATES:
ADDRESSES:
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2024–02 and the
FAR Case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. An asterisk (*)
next to a rule indicates that a regulatory
flexibility analysis has been prepared.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\22DER2.SGM
22DER2
88730
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Rules and Regulations
RULES LISTED IN FAC 2024–02
Subject
FAR case
* Use of Project Labor Agreements for for Federal Construction Projects .............................................................
2022–003
A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR rule, refer to the
specific subject set forth in the
document preceding this summary. FAC
2024–02 amends the FAR as follows:
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES2
Use of Project Labor Agreements for
Federal Construction Projects (FAR
Case 2022–003)
This final rule amends the Federal
Acquisition Regulation (FAR) to
implement Executive Order (E.O.)
14063, Use of Project Labor Agreements
VerDate Sep<11>2014
18:55 Dec 21, 2023
Jkt 262001
for Federal Construction Projects. E.O.
14063 expands the definition of
‘‘construction,’’ raises the threshold for
a large-scale construction project from
$25 million to $35 million and
establishes a series of exceptions to the
PLA requirements. Additionally, the
E.O. mandates that Federal Government
agencies require the use of project labor
agreements (PLAs) for large-scale
Federal construction projects, where the
total estimated cost of the construction
contract to the Government is $35
million or more, unless an exception
PO 00000
Frm 00024
Fmt 4701
Sfmt 9990
Analyst
Bowman.
applies. The final rule is not expected
to have a significant economic impact
on a substantial number of small entities
participating on a project that requires
a PLA because the E.O. limits the
requirement for mandatory PLAs to
projects exceeding $35 million, unless
an exception applies.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2023–27737 Filed 12–21–23; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\22DER2.SGM
22DER2
]]>Agencies
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Rules and Regulations]
[Pages 88729-88730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27737]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2024-02; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide (SECG).
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of DoD, GSA,
and NASA. 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 a summary of the rule
appearing in Federal Acquisition Circular (FAC) 2024-02, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding this rule by referring to FAC 2024-02,
which precedes this document.
DATES: December 22, 2023.
ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2024-02 and the FAR Case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755 or [email protected]. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
[[Page 88730]]
Rules Listed in FAC 2024-02
------------------------------------------------------------------------
Subject FAR case Analyst
------------------------------------------------------------------------
* Use of Project Labor 2022-003 Bowman.
Agreements for for Federal
Construction Projects.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR rule, refer to the
specific subject set forth in the document preceding this summary. FAC
2024-02 amends the FAR as follows:
Use of Project Labor Agreements for Federal Construction Projects (FAR
Case 2022-003)
This final rule amends the Federal Acquisition Regulation (FAR) to
implement Executive Order (E.O.) 14063, Use of Project Labor Agreements
for Federal Construction Projects. E.O. 14063 expands the definition of
``construction,'' raises the threshold for a large-scale construction
project from $25 million to $35 million and establishes a series of
exceptions to the PLA requirements. Additionally, the E.O. mandates
that Federal Government agencies require the use of project labor
agreements (PLAs) for large-scale Federal construction projects, where
the total estimated cost of the construction contract to the Government
is $35 million or more, unless an exception applies. The final rule is
not expected to have a significant economic impact on a substantial
number of small entities participating on a project that requires a PLA
because the E.O. limits the requirement for mandatory PLAs to projects
exceeding $35 million, unless an exception applies.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-27737 Filed 12-21-23; 8:45 am]
BILLING CODE 6820-EP-P
