FAR 22.101-4—Removal of items from contractors’ facilities affected by work stoppages.
Plain-English Summary
FAR 22.101-4 addresses what happens when a labor dispute or work stoppage affects a contractor’s facility and the Government needs to remove items from that plant. The section covers agency procedures for deciding whether removal is in the Government’s interest, the usual basis for that decision (the critical needs of an agency program), efforts to obtain the contractor’s and union representative’s approval for shipment of urgently required items, internal agency approval steps, and identifying who will physically remove the items. It also requires agencies to avoid force or the appearance of force and to prevent incidents that could harm labor-management relations. Finally, it addresses coordination when more than one agency’s requirements are involved. In practice, this section exists to balance mission continuity with restraint and labor-relations sensitivity, so agencies can recover urgently needed items without escalating a dispute or creating inconsistent actions across agencies.
Key Rules
Follow agency procedures
Items must be removed from a contractor’s facility affected by a work stoppage in accordance with agency procedures. The FAR leaves the detailed process to the agency, but the agency’s procedures must govern the decision and execution.
Use government-interest test
Agency procedures should require a determination that removal is in the Government’s interest. The normal deciding factor is whether the items are needed to meet critical agency program requirements.
Seek voluntary approval
The agency should try to arrange approval from both the contractor and the union representative for shipment of urgently required items. This reflects a preference for cooperation and de-escalation before taking further action.
Obtain internal approvals
Before removal occurs, the agency must secure the appropriate approvals within the agency. This ensures the decision is authorized at the proper level and consistent with agency policy.
Assign removal responsibility
Agency procedures should identify who will remove the items from the plant or plants involved. The rule requires advance planning so the physical removal is handled by the proper party.
Avoid force or coercion
The Government must avoid the use or even the appearance of force and must prevent incidents that could harm labor-management relations. This is a strong caution against any action that could be seen as intimidation or escalation.
Coordinate multi-agency actions
When two or more agencies’ requirements are or may be involved, the contract administration office must ensure coordination. This prevents conflicting directions, duplicated efforts, and inconsistent treatment of the contractor or union.
Responsibilities
Agency
Establish and follow procedures for removing items from facilities affected by work stoppages; determine whether removal serves the Government’s interest; seek contractor and union approval where possible; obtain required internal approvals; and ensure actions do not create forceful or coercive appearances.
Contracting Officer / Contract Administration Office
Implement the agency’s procedures in the specific case, coordinate among affected agencies when multiple agency requirements are involved, and ensure the removal plan is properly authorized and organized.
Contractor
Consider and, where appropriate, approve shipment of urgently required items from the affected facility, consistent with the agency’s efforts to secure voluntary cooperation.
Union Representative
Participate in efforts to approve shipment of urgently required items and engage in the process in a way that supports orderly handling of the work stoppage situation.
Agency Approving Officials
Provide the necessary internal approvals before items are removed, ensuring the action is authorized and aligned with agency policy and mission needs.
Party Assigned to Remove Items
Physically remove the items from the plant or plants as designated by agency procedures, using methods that avoid force or the appearance of force.
Practical Implications
This section is about emergency mission support, not routine property movement. Agencies should use it only when a work stoppage affects access to needed items and the Government has a real operational need.
The biggest practical risk is escalation: even lawful removal can create labor-relations problems if it looks coercive, uncoordinated, or insensitive to the dispute.
Documentation matters. Agencies should be able to show why removal was in the Government’s interest, what approvals were obtained, and how coordination occurred.
When multiple agencies are involved, failure to coordinate can lead to conflicting instructions, duplicated pickups, or disputes over priority and authority.
Contractors and contracting personnel should expect a preference for voluntary arrangements first, with physical removal planned carefully and only after internal and interagency coordination is complete.
Official Regulatory Text
(a) Items shall be removed from contractors’ facilities affected by work stoppages in accordance with agency procedures. Agency procedures should allow for the following: (1) Determine whether removal of items is in the Government’s interest. Normally the determining factor is the critical needs of an agency program. (2) Attempt to arrange with the contractor and the union representative involved their approval of the shipment of urgently required items. (3) Obtain appropriate approvals from within the agency. (4) Determine who will remove the items from the plant(s) involved. (b) Avoid the use or appearance of force and prevent incidents that might detrimentally affect labor-management relations. (c) When two or more agencies’ requirements are or may become involved in the removal of items, the contract administration office shall ensure that the necessary coordination is accomplished.