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More information and documentation can be found in our The recommended additions regarding impact were not necessary, because the agencies are permitted to consider any factor that the agency considers appropriate. This document has been published in the Federal Register. 158(f). A summary description of the comments and GSA, DoD, and NASA responses and changes adopted in the final rule are set forth below. Additional references, such as to ARRA, are not required. Project labor agreements established under this subpart shall fully conform to all statutes, regulations, and Executive orders. Similarly, how an organization structures its review team, draws upon agency or external resources, documents any decisions relating to the use of a project labor agreement, and addresses similar management matters is left to the discretion of each agency. The proposed rule revokes President Obama's Executive Order 13502 and implements an Executive Order 14063 (E.O. This prototype edition of the The rule does no impact federally assisted projects (e.g. 13502, which is expressly directed at Federal acquisitions involving large-scale construction projects. See id. As prescribed in 22.505(a)(2), substitute the following paragraph (b) in lieu of paragraphs (b) through (e) of the basic clause: (b) Consistent with applicable law, if awarded the contract, the offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract. 12818 of October 23, 1992 prohibited agencies from requiring the use of project labor agreements by any parties to Federal construction projects, although this bar was removed in 1993, by E.O. The documents posted on this site are XML renditions of published Federal Sec. on NARA's archives.gov. The Executive Order issued expanded on Executive Order 13502 issued by President Obama, which required federal agencies to consider mandating the use of Project Labor Agreements for federal construction projects of $25 million and above. Reduce time allocated to document management and Insert Advanced Field to the Labor Agreement with DocHub With respect to the impact of a project labor agreement on particular contractors and subcontractors, GSA, DoD, and NASA have amended the final rule to permit agencies to fashion requirements as appropriate to meet their procurement needs. 5 U.S.C. . Consistent with the express terms of the E.O., including section 5, which states that the order does not require an executive agency to use a project labor agreement on any construction project, the final rule preserves the flexibility agencies need to evaluate whether a project labor agreement is appropriate for a given construction project. Use of project labor agreements by public entities has been sanctioned repeatedly where agencies ensure that their actions are tailored to reflect their proprietary interests and do not prescribe how Government contractors and subcontractors handle their labor relations beyond performance of the specific Government construction project involved. (e) The offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer. Many of the suggested factors focus on helping agencies identify circumstances where project labor agreements may be beneficial. Notes: Revokes: EO 13202, February 17, 2001; EO 13208, April 6, 2001 Revoked by: EO 14063, February 4, 2022 Document Citation: 74 FR 6985 Page: 6985-6987 (3 pages) Document Number: E9-3113 Document Details Document Statistics Page views: 1,272 as of 07/26/2023 at 12:15 pm EDT or the proposed rule and believe these concerns are best addressed by the agency or the parties on a project-by-project basis. PDF Federal Register/ Vol. 74, No. 166 / Friday, August 28, 2009 / Rules Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects. Grant programshousing and community development, Loan programshousing and community development. In order to preserve agency discretion, GSA, DoD, and NASA believe that the rule should not mandate consideration of these factors. 1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement; (2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (6) Fully conform to all statutes, regulations, Executive orders, and agency requirements. that agencies use to create their documents. This final rule amends the Federal Acquisition Regulation to implement Executive Order (E.O.) 4. Response: Experiences of entities that have successfully used project labor agreements suggest that, in some cases, an agency may be able to more effectively achieve economy and efficiency in procurement by specifying some or all of the terms and conditions of the project labor agreement in the solicitation. are not part of the published document itself. The Director of OMB, in consultation with the Secretary of Labor and with other officials as appropriate, shall provide the President within 180 days of this order, recommendations about whether broader use of project labor agreements, with respect to both construction projects undertaken under Federal contracts and construction projects receiving Federal financial assistance, would help to promote the economical, efficient, and timely completion of such projects. These numbers are never used to establish benchmarks or goals. This final rule removes a HUD regulation that prohibits the use of project labor agreements in HUD-assisted construction contracts. This subpart prescribes policies and procedures to implement Executive Order 13502, February 6, 2009. Executive Order 9242. 152(5). daily Federal Register on FederalRegister.gov will remain an unofficial L. 106-554). Some offered views about the requirements and issues addressed in a project labor agreement. and services, go to The estimate may be used by the Government or outside organizations to establish benchmarks or unsupportable goals for the use of project labor agreements. Critics cautioned that post-award execution of project labor agreements potentially undercuts key purposes of the agreement, such as addressing potential labor differences before they occur and receiving offers with more accurate pricing. These can be useful These 29 executive orders can be downloaded in CSV/Excel and JSON formats. the Federal Register. are not part of the published document itself. has no substantive legal effect. GSA, DoD, and NASA have also clarified that an agency may specify the terms and conditions of the project labor agreement, as appropriate to advance economy and efficiency. Summary of comments. the material on FederalRegister.gov is accurately displayed, consistent with If any provision of this order, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of the provisions of such to any person or circumstance shall not be affected thereby. GSA, DoD, and NASA note that this final rule does not limit agencies' exercise of their authorities to require project labor agreements in appropriate circumstances and to the Start Printed Page 19175extent permitted by law. publication in the future. For this reason, GSA, DoD, and NASA have amended the final rule to clarify that, as appropriate to advance the economy and efficiency in procurement, an agency may specify the terms and conditions of the project labor agreement in the solicitation and require the successful offeror to become a party to a project labor agreement containing these terms and conditions as a condition of receiving a contract award. Project labor agreements have been, and continue to be, used at a majority of DoE's key sites, Start Printed Page 19170including the Hanford Site in Washington State, the Savannah River Site in South Carolina, the Oak Ridge Reservation in Tennessee, the Nevada Test Site (NTS), and the Idaho National Laboratory. The Administration issued the final rule in the Federal Register on April 13, 2010 amending the Federal Acquisition Regulation (FAR) to implement the Executive Order. (b)(1) Insert the clause at 52.222-34, Project Labor Agreement, in all solicitations and contracts associated with the construction project. rendition of the daily Federal Register on FederalRegister.gov does not Their experiences also suggest that, if the agency specifies some or all of the terms and conditions of the project labor agreement in the solicitation, contractors not familiar with project labor agreements may be better able to compete. For more information or to request AGC to submit a letter please contact Isabella Armstrong. The rate of injury on TVA projects has also been significantly reduced, especially over the last approximately 5 years. (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. Because the foundation for HUD's regulation in 24 CFR 5.108 was the prior Executive Order, which has been revoked, the rule no longer has effect. E.O. 610 was not intended to affect the response by entities with regard to the impact of this particular rule on small entities. This prohibition had implemented E.O. Efforts that would impose or favor the use of government mandated project labor agreements (PLAs) on federal and federally funded construction projects should be opposed. the Federal Register. Regulations & Guidance Executive Order 14063 (2022) On February 4, 2022, President Biden signed Executive Order 14063: Use of Project Labor Agreements For Federal Construction Projects . AGC has sent more than150 letters opposing PLAs on federal construction projects. Executive Order 13508Chesapeake Bay Protection and Restoration. This process is automatic. A total of 24 states have passed measures restricting . E9-20831 Filed 8-27-09; 8:45 am]. the Federal Register. (e) The term project labor agreement as used in this order means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. Upload a document from your computer or cloud storage. 610 must be in error. The letter ( pdf) signed by 44 House Republican lawmakers, urges President Trump to rescind Executive Order 13502, "which strongly encourages federal agencies, on a case-by-case basis, to consider requiring project labor agreements (PLAs) on federal construction proects exceeding $25 million in total value." More from the letter: Add text, images, drawings, shapes, and more. This repetition of headings to form internal navigation links Section 3 of the order says, "Federal agencies shall require every contractor or subcontractor engaged in construction on the project to agree, for that project, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations." Project labor agreements have been used in all 50 States and the District of Columbia. A Presidential Document by the Executive Office of the President on 02/11/2009. This document has been published in the Federal Register. 3. Solicitation provision and contract clause. A Rule by the Housing and Urban Development Department on 08/28/2009. These tools are designed to help you understand the official document House Lawmakers Ask President Trump to Eliminate Obama Policy Promoting 8. HOAX WARNING- Executive Order 13752 - The Quiet Survivalist A lack of coordination between employers or uncertainties about the terms and conditions of employment of various groups of workers can create friction and disputes in the absence of an agreed-upon resolution mechanism. More information and documentation can be found in our Register, and does not replace the official print version or the official National Aeronautics and Space Administration, C. Response to Comments Received on the Notice of Proposed Rulemaking, PART 22APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS, Subpart 22.5Use of Project Labor Agreements for Federal Construction Projects, PART 52SOLICITATION PROVISIONS AND CONTRACT CLAUSES, https://www.federalregister.gov/d/2010-8118, MODS: Government Publishing Office metadata. 13502, signed by President Obama on February 6, 2009, and published in the Federal Register at 74 FR 6985, February 11, 2009. 1531-1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. With respect to the handling of engineering-related personnel, GSA, DoD, and NASA note that no other trades or crafts are referenced in either the E.O. Executive Order 13502Use of Project Labor Agreements for Federal Construction Projects February 6, 2009 They stated that it is common for project labor agreements to be used on construction projects under $25 million and that the total cost of a project is less significant than the factors referenced in the E.O. 9000-0175, concerning use of project labor agreements for Federal construction projects, to the Office of Management and Budget under 44 U.S.C. Project labor agreements will have significant adverse effect on competition. About the Federal Register Consistent with those directions and the lack of a legal foundation for HUD's regulation in 24 CFR 5.108, this rule removes that regulatory section from the Code of Federal Regulations. The Director of the Office of Personnel Management shall take such actions as may be . These problems threaten the efficient and timely completion of construction projects undertaken by federal contractors.. regulatory information on FederalRegister.gov with the objective of PDF PROJECT LABOR AGREEMENTS IN MONTANA - Montana State Legislature In order to bind participants in HUD programs to the provisions of Executive Order 13202, HUD established regulations at 24 CFR 5.108 that barred recipients of HUD funds from requiring or prohibiting project labor agreements in their procurements using HUD funds. 11. Alternate I (May 2010). 13502. 3. While the E.O. Document Drafting Handbook 22.502 Definitions. 13502 directed GSA, DoD, and NASA to amend the FAR to implement the provisions of the E.O. This feature is not available for this document. On the same date, GSA, DoD, and NASA also published for public comment a proposed rule in the Federal Register at 74 FR 33953, to provide a new FAR subpart 22.5, Use of Project Labor Agreements for Federal Construction Projects, to implement the provisions of E.O. Others commented on the Government's role in specifying the terms of a project labor agreement. Executive Order 13502 was issued to address the challenges to efficient and timely procurement presented to the federal government by large-scale construction projects. 804, and thereby violates the Congressional Review Act codified therein. This final rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments nor preempt state law within the meaning of the Executive Order. GovInfo Persons with hearing or speech impairments may access the above telephone number via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. Such circumstances should typically benefit both the Government and contractors, such as by providing mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health, and setting forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project labor agreement. (f) fully conform to all statutes, regulations, and Executive Orders. Boston Harbor, 507 U.S. at 231 (emphasis in original). A project labor agreement is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. electronic version on GPOs govinfo.gov. Comments on the proposed information collection requirement: One respondent stated that the data is largely arbitrary and capricious and should not be relied upon for any presumed target for expected use of project labor agreements. These problems threaten the efficient and timely completion of construction projects undertaken by Federal contractors. Add sections 52.222-33 and 52.222-34 to read as follows: As prescribed in 22.505(a)(1), insert the following provision: NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (May 2010). The Executive Order, which was published in the Federal Register on February 11, 2011, encourages government agencies to use PLAs in large-scale federal construction projects where the total cost to the Government is $25 million or more.