Overview
This section outlines the requirement for Contracting Officers to provide formal written notice to incumbent contractors and their employees' collective bargaining agents regarding upcoming contract actions, such as new solicitations, modifications, or anniversary dates.
Key Rules
- Determination Requirement: The Contracting Officer (CO) must determine if incumbent prime or subcontractor service employees are represented by a collective bargaining agent.
- Mandatory Notification: If a union represents the employees, the CO must provide written notice to both the incumbent contractor and the union representative.
- Triggers for Notice: Notification is required for:
- Successor contracts (issuance of solicitation, award, or start of performance).
- Contract modifications (exercise of options, extensions, or changes in scope).
- Anniversary dates for multi-year contracts.
- Timing: Written notification must be provided at least 30 days prior to the earliest applicable acquisition or anniversary date.
- Documentation: The CO is required to maintain a copy of the notification within the official contract file.
Practical Implications
- Timely Wage Determinations: Strict adherence to the 30-day notice period ensures that the government can apply specific time-of-receipt limitations, preventing late-submitted collective bargaining agreements from disrupting the procurement schedule or increasing costs unexpectedly.
- Labor Relations Management: This transparency allows unions and contractors to prepare for negotiations or transitions, ensuring that prevailing wage and fringe benefit requirements under the Service Contract Labor Standards are accurately reflected in successor contracts.