Solicitation provision and contract clause
Contracting officers must include the correct project labor agreement provisions and clauses, with appropriate alternates, in solicitations and contracts for federal construction projects using PLAs.
Overview
FAR 22.505 outlines the requirements for including specific solicitation provisions and contract clauses when a project labor agreement (PLA) is used for a federal construction project. It directs contracting officers on when and how to insert FAR clauses 52.222-33 and 52.222-34, as well as their alternates, into solicitations and contracts. The section ensures that the use of PLAs is clearly communicated to offerors and contractors, and that the timing and conditions for submitting PLAs are specified based on agency policy and project needs.
Key Rules
- Provision 52.222-33 in Solicitations
- Must be included in solicitations that contain clause 52.222-34. Use the appropriate alternate based on when the PLA is required (before or after award, or for specific circumstances).
- Clause 52.222-34 in Contracts
- Must be included in contracts for construction projects using a PLA. Use the correct alternate for post-award submission or for IDIQ contracts where PLAs may be negotiated per order.
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses (and their alternates) are included in solicitations and contracts involving PLAs, and specify submission timing.
- Contractors: Comply with the requirements for submitting PLAs as specified in the solicitation or contract.
- Agencies: Establish and communicate policies regarding PLA submission timing and applicability for construction projects.
Practical Implications
- This section standardizes the use of PLAs in federal construction contracting, reducing ambiguity for offerors and contractors.
- It impacts how and when contractors must prepare and submit PLAs, affecting proposal preparation and contract compliance.
- Common pitfalls include failing to use the correct alternate or omitting required clauses, which can lead to protest or compliance issues.