As prescribed in 22.505(a)(2), 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.
Notice of Requirement for Project Labor Agreement Alternate I (JAN 2024)
(a) Definitions. As used in this provision, the following terms are defined in clause 52.222–34, Project Labor Agreement, of this solicitation ‘‘construction,’’ ‘‘labor organization,’’ ‘‘large-scale construction project,’’ and ‘‘project labor agreement.’’
(b) The apparent successful offeror shall—
(1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and
(2) Require its subcontractors to become a party to the resulting project labor agreement.
(c) The project labor agreement reached pursuant to this provision shall—
(1) Bind the Offeror and subcontractors engaged in construction on the construction project to comply with the project labor agreement;
(2) Allow the Offeror 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 provision does not change the terms of the resulting contract or provide for any price adjustment by the Government.
(e) The apparent successful Offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.
(End of provision)
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