On September 23, ÎÚÑ»´«Ã½ submitted to a July 14, 2009 Federal Acquisition Regulation (FAR) Council , which implemented President Obama's Executive Order 13502 to create new FAR contract clauses to be included in federal contracts should an agency choose to require a Project Labor Agreement (PLA) on a particular federal construction project.
ÎÚÑ»´«Ã½ originally submitted on the proposed rule that encourages (not requires) agencies to consider (not necessarily adopt) a PLA requirement on large-scale construction projects (defined as projects with a total cost to the federal government of $25 million or more) on a project-by-project basis where certain criteria are met.
ÎÚÑ»´«Ã½'s supplemental comments focused on concerns that a requirement for a PLA might be placed after contract award. ÎÚÑ»´«Ã½ opposes this ex post facto imposition as it directly interferes with the relationship between a prime contractor and the subcontractors, and causes massive disruption of the procurement process. ÎÚÑ»´«Ã½ strongly urged the FAR Councils to clarify in the Final Rule that agencies, contracting officers and their representatives are forbidden from pursuing such course of action.
Read more about ÎÚÑ»´«Ã½'s Comments and the Proposed Rule .
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