22.505 Solicitation provision and contract clause
Source: FAR 22.505 on acquisition.gov
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.
When a project labor agreement is used for a construction project, the contracting officer shall—
(a)
(1) Insert the provision at 52.222-33, Notice of Requirement for Project Labor Agreement, in solicitations containing the clause 52.222–34, Project Labor Agreement.
(2) Use the provision with its Alternate I if the agency will require the submission of a project labor agreement from only the apparent successful offeror, prior to contract award.
(3) Use the provision with its Alternate II if an agency allows submission of a project labor agreement after contract award except when Alternate III is used.
(4) Use the provision with its Alternate III when Alternate II of 52.222-34 is used.
(b)
(1) Insert the clause at 52.222-34, Project Labor Agreement, in solicitations and contracts associated with the construction project.
(2) Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award except when Alternate II is used.
(3) Use the clause with its Alternate II in IDIQ contracts when the agency will have project labor agreements negotiated on an order-by-order basis and anticipates one or more orders may not use a project labor agreement.