22.101-1
General
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.