U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            Subpart 22.5 - Use of Project Labor Agreements for Federal Construction Projects
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart22.022.122.222.322.422.522.622.822.922.1022.1122.1322.1422.1522.1622.1722.1822.1922.21
Section22.50122.50222.50322.50422.505
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
Subpart 22.5 - Use of Project Labor Agreements for Federal Construction ProjectsSubpart 22.5 - Use of Project Labor Agreements for Federal Construction Projects    **Parent topic:**  Part 22 - Application of Labor Laws to Government Acquisitions22.501 Scope of subpart.       This subpart prescribes policies and procedures to implement   Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, dated February 4, 2022 (  3 CFR, 2023 Comp., pp 335–338).22.502 Definitions.       As used in this subpart-          *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 to the Federal Government is $35 million or more.          *Project labor agreement* means 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).22.503           Policy.       (a)                                      Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, requires agencies to use project labor agreements in large-scale construction projects to promote economy and efficiency in the administration and completion of Federal construction projects.                                          (b)                                      When awarding a contract in connection with a large-scale construction project (see  22.502), agencies shall require use of project labor agreements for contractors and subcontractors engaged in construction on the project, unless an exception at  22.504(d) applies.                                          (c)                                      An agency may require the use of a project labor agreement on projects where the total cost to the Federal Government is less than that for a large-scale construction project, if appropriate.                                                         (1)                                                  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—                                                                           (i)                                                              Advance the Federal Government's 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                                                                              (ii)                                                              Be consistent with law.                                                                                                           (2)                                                  Agencies may consider the following factors in deciding whether the use of a project labor agreement is appropriate for a construction project where the total cost to the Federal Government is less than that for a large-scale construction project:                                                                           (i)                                                              The project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades.                                                                              (ii)                                                              There is a shortage of skilled labor in the region in which the construction project will be sited.                                                                              (iii)                                                              Completion of the project will require an extended period of time.                                                                              (iv)                                                              Project labor agreements have been used on comparable projects undertaken by Federal, State, municipal, or private entities in the geographic area of the project.                                                                              (v)                                                              A project labor agreement will promote the agency's long term program interests, such as facilitating the training of a skilled workforce to meet the agency's future construction needs.                                                                              (vi)                                                              Any other factors that the agency decides are appropriate.                                                                                                                            (d) For indefinite-delivery indefinite-quantity (IDIQ) contracts the use of a project labor agreement may be required on an order-by-order basis rather than for the entire contract. For an order at or above $35 million an agency shall require the use of a project labor agreement unless an exception applies. See  22.504(d)(3) and  22.505(b)(3).22.504 General requirements for project labor agreements.       (a)                   *General*. Project labor agreements established under this subpart shall fully conform to all statutes, regulations, and Executive orders.                                          (b)                   *Requirements*. A project labor agreement shall-                                                         (1)                          								                Bind all contractors 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)                          								                Include any additional requirements as the agency deems necessary to satisfy its needs.                                                                             (c)                   *Labor organizations.* An agency may not require contractors or subcontractors to enter into a project labor agreement with any particular labor organization.                                          (d)                   *Exceptions to project labor agreement requirements—*                                                         (1)                         *Exception.* The senior procurement executive may grant an exception from the requirements at  22.503(b), providing a specific written explanation of why at least one of the following conditions exists with respect to the particular contract:                                                                           (i)                               Requiring a project labor agreement on the project would not advance the Federal Government's interests in achieving economy and efficiency in Federal procurement. The exception shall be based on one or more of the following factors:                                                                                             (A)                                     The project is of short duration and lacks operational complexity.                                                                                                (B)                                     The project will involve only one craft or trade.                                                                                                (C)                                     The project will involve specialized construction work that is available from only a limited number of contractors or subcontractors.                                                                                                (D)                                     The agency's need for the project is of such an unusual and compelling urgency that a project labor agreement would be impracticable.                                                                                                                                         (ii)                               Market research indicates that requiring a project labor agreement on the project would substantially reduce the number of potential offerors to such a degree that adequate competition at a fair and reasonable price could not be achieved. (See  10.002(b)(1) and  36.104). A likely reduction in the number of potential offerors is not, by itself, sufficient to except a contract from coverage under this authority unless it is coupled with the finding that the reduction would not allow for adequate competition at a fair and reasonable price.                                                                              (iii)                               Requiring a project labor agreement on the project would otherwise be inconsistent with Federal statutes, regulations, Executive orders, or Presidential memoranda.                                                                                                           (2)                         *Considerations.* When determining whether the exception in paragraph (d)(1)(ii) of this section applies, contracting officers shall consider current market conditions and the extent to which price fluctuations may be attributable to factors other than the requirement for a project labor agreement ( *e.g.,* costs of labor or materials, supply chain costs). Agencies may rely on price analysis conducted on recent competitive proposals for construction projects of a similar size and scope.                                                            (3)                         *Timing of the exception* —                                                                           (i)                               *Contracts other than IDIQ contracts.* The exception must be granted for a particular contract by the solicitation date.                                                                              (ii)                               *IDIQ contracts.* An exception shall be granted prior to the solicitation date if the basis for the exception cited would apply to all orders. Otherwise, exceptions shall be granted for each order by the time of the notice of the intent to place an order ( *e.g.,*                                16.505(b)(1)).22.505          Solicitation provision and contract clause.       When a project labor agreement is used for a construction project, the contracting officer shall—                                       (a)                                                         (1)                         Insert the provision at  52.222-33, Notice of Requirement for Project Labor Agreement, in solicitations containing the clause 52.222–34, Project Labor Agreement.                                                            (2)                         Use the provision with its Alternate I if the agency will require the submission of a project labor agreement from only the apparent successful offeror, prior to contract award.                                                            (3)                         Use the provision with its Alternate II if an agency allows submission of a project labor agreement after contract award except when Alternate III is used.                                                            (4)                         Use the provision with its Alternate III when Alternate II of  52.222-34 is used.                                                                             (b)                                                         (1)                         Insert the clause at  52.222-34, Project Labor Agreement, in solicitations and contracts associated with the construction project.                                                            (2)                         Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award except when Alternate II is used.                                                            (3)                         Use the clause with its Alternate II in IDIQ contracts when the agency will have project labor agreements negotiated on an order-by-order basis and anticipates one or more orders may not use a project labor agreement.
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt