22.101-4 Removal of items from contractors’ facilities affected by work stoppages
Source: FAR 22.101-4 on acquisition.gov
When removing government items from contractor facilities during work stoppages, agencies must follow established procedures, prioritize critical needs, and avoid actions that could harm labor relations.
Overview
FAR 22.101-4 outlines the procedures for removing government-owned items from contractors’ facilities when those facilities are affected by work stoppages, such as strikes or labor disputes. The regulation emphasizes that removal actions must follow agency-specific procedures and should be guided by the critical needs of the government. Coordination with contractors, union representatives, and internal agency authorities is required to ensure that shipments of urgently needed items are approved and managed appropriately. The regulation also stresses the importance of avoiding the use or appearance of force to maintain positive labor-management relations. When multiple agencies are involved, the contract administration office must coordinate removal activities to prevent conflicts or duplication of effort.
Key Rules
- Agency Procedures for Removal
- Items must be removed according to established agency procedures, prioritizing the government’s critical needs.
- Coordination and Approvals
- Agencies should seek approval from contractors and union representatives, obtain internal agency approvals, and determine responsible parties for removal.
- Labor Relations Considerations
- Avoid any use or appearance of force to protect labor-management relations.
- Multi-Agency Coordination
- The contract administration office must coordinate when more than one agency is involved.
Responsibilities
- Contracting Officers: Ensure agency procedures are followed, coordinate approvals, and avoid forceful actions.
- Contractors: Cooperate with agencies and unions regarding removal of items.
- Agencies: Develop procedures, coordinate internally and with other agencies, and safeguard labor relations.
Practical Implications
- This section exists to ensure the government can access critical items during work stoppages without escalating labor disputes.
- It impacts daily contracting by requiring careful planning, communication, and documentation during labor disruptions.
- Common pitfalls include failing to coordinate with unions, using forceful tactics, or neglecting multi-agency coordination.
(a) Items shall be removed from contractors’ facilities affected by work stoppages in accordance with agency procedures. Agency procedures should allow for the following:
(1) Determine whether removal of items is in the Government’s interest. Normally the determining factor is the critical needs of an agency program.
(2) Attempt to arrange with the contractor and the union representative involved their approval of the shipment of urgently required items.
(3) Obtain appropriate approvals from within the agency.
(4) Determine who will remove the items from the plant(s) involved.
(b) Avoid the use or appearance of force and prevent incidents that might detrimentally affect labor-management relations.
(c) When two or more agencies’ requirements are or may become involved in the removal of items, the contract administration office shall ensure that the necessary coordination is accomplished.