FAR 22.1307—Collective bargaining agreements.
Plain-English Summary
FAR 22.1307 addresses what a contracting officer must do when performance under the veteran equal opportunity clause at 52.222-35 may require changes to an existing collective bargaining agreement (CBA). Its purpose is to protect the Department of Labor’s role in handling labor-relations issues while ensuring affected unions are notified and given a chance to present their views. In practice, this section is a narrow communication rule: the contracting officer must advise the affected labor unions that the Department of Labor will provide an appropriate opportunity for them to be heard, but the contracting officer and anyone acting for the contracting officer must not discuss any aspect of the CBA with the contractor or with any labor representative. The section therefore covers notice to unions, the Department of Labor’s role in receiving union views, and a strict prohibition on bargaining or substantive CBA discussions by the contracting officer. For contractors and contracting officers, the practical significance is that labor-relations questions tied to veteran equal opportunity compliance must be routed carefully and not handled through informal negotiation with the procurement office.
Key Rules
Notify affected unions
If contract performance under 52.222-35 may require revising a collective bargaining agreement, the contracting officer must advise the affected labor unions. The notice is not a negotiation; it is a procedural step to ensure the unions know the issue has been identified.
DOL provides opportunity to comment
The contracting officer must tell the unions that the Department of Labor will give them an appropriate opportunity to present their views. This preserves the Department of Labor’s role as the forum for labor input on the issue.
No CBA discussions by CO
Neither the contracting officer nor any representative of the contracting officer may discuss any aspect of the collective bargaining agreement with the contractor or any labor representative. The prohibition is broad and covers substantive terms, revisions, and related bargaining matters.
No indirect bargaining
The restriction applies not only to the contracting officer personally, but also to anyone acting as the contracting officer’s representative. Agencies must avoid using procurement personnel to negotiate, interpret, or influence CBA terms.
Responsibilities
Contracting Officer
Identify when performance under 52.222-35 may necessitate a CBA revision, advise the affected labor unions of the Department of Labor’s opportunity for them to present views, and refrain from discussing any aspect of the CBA with the contractor or labor representatives.
Contracting Officer Representatives / Other CO Representatives
Avoid any discussion of the collective bargaining agreement with the contractor or labor representatives and limit communications to the notice function authorized by this section.
Affected Labor Unions
Receive the contracting officer’s notice and present their views through the Department of Labor’s process when given the opportunity.
Department of Labor
Provide the affected unions an appropriate opportunity to present their views regarding the potential CBA revision issue.
Contractor
Do not seek CBA negotiations or substantive agreement changes through the contracting officer; route labor-relations issues through the proper labor-management channels and the Department of Labor process.
Practical Implications
This section is about preserving boundaries, not resolving labor disputes at the contracting office level. If a contract action may affect a union agreement, the CO should notify the union and then stop short of any substantive discussion.
A common pitfall is treating the notice as an invitation to negotiate. It is not; the rule expressly bars the CO and CO representatives from discussing any aspect of the CBA with either the contractor or labor representatives.
Contractors should not expect the CO to help interpret, amend, or mediate the CBA. Those matters belong in labor-relations channels, not procurement communications.
Agencies should train COs and CORs carefully because the prohibition extends to any representative of the contracting officer, not just the CO personally.
When in doubt, keep the communication limited to the required notice and refer labor-subject questions to the Department of Labor or appropriate labor-relations officials.
Official Regulatory Text
If performance under the clause at 52.222-35 , Equal Opportunity for Veterans, may necessitate a revision of a collective bargaining agreement, the contracting officer must advise the affected labor unions that the Department of Labor will give them appropriate opportunity to present their views. However, neither the contracting officer nor any representative of the contracting officer may discuss with the contractor or any labor representative any aspect of the collective bargaining agreement.