Overview
This section prescribes the mandatory solicitation provisions and contract clauses required when a Project Labor Agreement (PLA) is incorporated into a federal construction project. It establishes the legal framework for when and how contractors must submit their PLAs relative to the contract award date.
Key Rules
- Mandatory Pairing: The contracting officer must insert the provision at 52.222-33 (Notice of Requirement) in any solicitation that contains the clause at 52.222-34 (Project Labor Agreement).
- Submission Timing (Provision 52.222-33):
- Alternate I: Used when the PLA is required only from the apparent successful offeror prior to award.
- Alternate II: Used when the agency allows the PLA to be submitted after the contract has been awarded.
- Alternate III: Used specifically in conjunction with the IDIQ-related alternate of the main clause.
- Clause Implementation (52.222-34):
- Standard Clause: Required in all solicitations and contracts associated with the construction project.
- Alternate I: Used for post-award PLA submissions.
- Alternate II: Specifically designed for IDIQ contracts where PLAs are negotiated on an order-by-order basis and some orders may not require a PLA.
Practical Implications
- Strategic Flexibility: Contracting officers have the discretion to decide whether requiring a PLA during the proposal phase (standard) or after selection (Alt I/II) best serves the interest of competition and project timelines.
- IDIQ Management: For multi-year IDIQ contracts, the government can selectively apply PLA requirements to specific task orders rather than mandating a blanket agreement for the entire contract vehicle, allowing for more nuanced labor management across diverse project scopes.