22.101-1 General
Source: FAR 22.101-1 on acquisition.gov
Agencies must remain impartial in labor disputes and may require contractors to notify the government of any labor issues that could delay contract performance.
Overview
FAR 22.101-1 outlines the general principles and agency responsibilities regarding labor relations in the context of government acquisitions. Its primary purpose is to ensure that agencies maintain effective relationships with both industry and labor, handle labor disputes impartially, and take appropriate actions to prevent labor issues from disrupting the acquisition of supplies and services. The regulation emphasizes the importance of timely information exchange, impartiality in labor disputes, and coordination with relevant labor agencies. It also allows for the designation of certain programs where contractors must notify the government of labor disputes that could impact contract performance.
Key Rules
- Maintaining Sound Labor Relations
- Agencies must foster good relations with industry and labor to ensure timely acquisition and prompt information flow regarding labor issues.
- Impartiality in Labor Disputes
- Agencies must remain neutral in labor-management disputes and should not mediate or arbitrate, instead encouraging parties to use established dispute resolution services.
- Information Sharing
- Agencies should share labor-related information with other agencies to ensure a consistent government approach.
- Agency Actions in Labor Disputes
- Agencies should notify relevant authorities of disputes, provide factual impact information, and seek voluntary agreements to avoid acquisition delays, without becoming involved in the dispute's merits.
- Contractor Notification Requirement
- Heads of contracting activities may require contractors to notify the government of labor disputes that could delay contract performance.
Responsibilities
- Contracting Officers: Ensure agency procedures are followed, remain impartial in disputes, and require contractor notifications when designated.
- Contractors: Notify the government of labor disputes if required by contract or program designation.
- Agencies: Coordinate with other agencies, notify relevant authorities, and facilitate uninterrupted acquisition without direct involvement in disputes.
Practical Implications
- This section exists to minimize acquisition delays caused by labor disputes and to ensure a uniform, impartial government response. Contractors should be aware of any notification requirements in their contracts and understand that agencies will not intervene in labor disputes but will take steps to mitigate acquisition impacts. Common pitfalls include failing to notify the government of labor issues when required or misunderstanding the agency's role in labor disputes.
(a) Agencies shall maintain sound relations with industry and labor to ensure (1) prompt receipt of information involving labor relations that may adversely affect the Government acquisition process and (2) that the Government obtains needed supplies and services without delay. All matters regarding labor relations shall be handled in accordance with agency procedures.
(b)
(1) Agencies shall remain impartial concerning any dispute between labor and contractor management and not undertake the conciliation, mediation, or arbitration of a labor dispute. To the extent practicable, agencies should ensure that the parties to the dispute use all available methods for resolving the dispute, including the services of the National Labor Relations Board, Federal Mediation and Conciliation Service, the National Mediation Board and other appropriate Federal, State, local, or private agencies.
(2) For use of project labor agreements, see subpart 22.5.
(c) Agencies should, when practicable, exchange information concerning labor matters with other affected agencies to ensure a uniform Government approach concerning a particular plant or labor-management dispute.
(d) Agencies should take other actions concerning labor relations problems to the extent consistent with their acquisition responsibilities. For example, agencies should-
(1) Notify the agency responsible for conciliation, mediation, arbitration, or other related action of the existence of any labor dispute affecting or threatening to affect agency acquisition programs;
(2) Furnish to the parties to a dispute factual information pertinent to the dispute’s potential or actual adverse impact on these programs, to the extent consistent with security regulations; and
(3) Seek a voluntary agreement between management and labor, notwithstanding the continuance of the dispute, to permit uninterrupted acquisition of supplies and services. This shall only be done, however, if the attempt to obtain voluntary agreement does not involve the agency in the merits of the dispute and only after consultation with the agency responsible for conciliation, mediation, arbitration, or other related action.
(e) The head of the contracting activity may designate programs or requirements for which it is necessary that contractors be required to notify the Government of actual or potential labor disputes that are delaying or threaten to delay the timely contract performance (see 22.103-5(a)).