FAR 22.505—Solicitation provision and contract clause.
Plain-English Summary
FAR 22.505 tells contracting officers exactly when and how to use the solicitation provision and contract clause for project labor agreements (PLAs) on construction projects. It covers the base provision at FAR 52.222-33, Notice of Requirement for Project Labor Agreement, and the base clause at FAR 52.222-34, Project Labor Agreement, along with the required alternates for different acquisition approaches. The section addresses when the agency requires a PLA from only the apparent successful offeror before award, when a PLA may be submitted after award, and when a PLA is handled on an order-by-order basis in IDIQ contracts. It also ties the correct provision/clause version to the agency’s chosen PLA strategy, including situations where Alternate III of the provision is used and where Alternate II of the clause applies. In practice, this section exists to ensure the solicitation and contract language match the agency’s PLA requirements so offerors know the rules up front and the government can enforce the PLA requirement consistently. For contractors, it signals when a PLA must be prepared, when it may be negotiated later, and whether the requirement applies at the base contract level or at the order level.
Key Rules
Use the notice provision
When a project labor agreement is used for a construction project, the contracting officer must insert FAR 52.222-33, Notice of Requirement for Project Labor Agreement, in solicitations that contain FAR 52.222-34. This provision tells offerors that a PLA requirement applies and how the agency will handle it.
Alternate I for apparent awardee only
Use Alternate I of FAR 52.222-33 when the agency requires submission of the PLA only from the apparent successful offeror before contract award. This means the full PLA is not required from every offeror, only from the likely awardee before final award.
Alternate II for post-award submission
Use Alternate II of FAR 52.222-33 when the agency allows the PLA to be submitted after contract award, unless Alternate III is used. This alternate supports a later submission approach rather than requiring the PLA before award.
Alternate III when clause Alternate II applies
Use Alternate III of FAR 52.222-33 when Alternate II of FAR 52.222-34 is used. The provision must match the clause structure selected for the contract so the solicitation notice and contract terms are consistent.
Insert the PLA clause
The contracting officer must insert FAR 52.222-34, Project Labor Agreement, in solicitations and contracts associated with the construction project. This is the operative contract clause that establishes the PLA requirement in the contract itself.
Alternate I for post-award PLA
Use Alternate I of FAR 52.222-34 when the agency allows submission of the PLA after contract award, except when Alternate II is used. This alternate is for contracts where the PLA is not finalized before award.
Alternate II for IDIQ order-by-order PLAs
Use Alternate II of FAR 52.222-34 in IDIQ contracts when the agency will negotiate PLAs on an order-by-order basis and expects that one or more orders may not use a PLA. This alternate is designed for flexible ordering situations where PLA use may vary by order.
Responsibilities
Contracting Officer
Select and insert the correct PLA provision and clause versions in the solicitation and contract. The contracting officer must match the base text or alternate to the agency’s PLA timing and contracting structure, including whether the PLA is required before award, after award, or at the order level in an IDIQ contract.
Agency
Decide whether the construction project will use a PLA and determine the timing and structure for PLA submission. The agency must choose the appropriate acquisition approach so the contracting officer can use the correct provision and clause alternates.
Offerors/Contractors
Review the solicitation to determine whether a PLA is required, when it must be submitted, and whether it applies at award or later. If selected as the apparent successful offeror or if the contract allows later submission, the contractor must prepare and provide the PLA according to the solicitation and contract terms.
Practical Implications
The solicitation and contract language must align with the agency’s PLA strategy; using the wrong alternate can create ambiguity or make the requirement unenforceable as written.
Contractors should look closely at whether the PLA is required from all offerors, only the apparent successful offeror, after award, or on an order-by-order basis in an IDIQ contract.
In IDIQ acquisitions, the PLA requirement may vary by order, so contractors cannot assume every order will include a PLA or that one PLA will cover all future orders.
A common pitfall is failing to coordinate the provision and clause alternates; the notice provision must match the contract clause structure selected for the acquisition.
Because the PLA requirement can affect pricing, labor planning, and subcontracting, contractors should identify it early in the solicitation and assess compliance costs before submitting an offer.
Official Regulatory Text
When a project labor agreement is used for a construction project, the contracting officer shall— (a) (1) Insert the provision at 52.222-33 , Notice of Requirement for Project Labor Agreement, in solicitations containing the clause 52.222–34, Project Labor Agreement. (2) Use the provision with its Alternate I if the agency will require the submission of a project labor agreement from only the apparent successful offeror, prior to contract award. (3) Use the provision with its Alternate II if an agency allows submission of a project labor agreement after contract award except when Alternate III is used. (4) Use the provision with its Alternate III when Alternate II of 52.222-34 is used. (b) (1) Insert the clause at 52.222-34 , Project Labor Agreement, in solicitations and contracts associated with the construction project. (2) Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award except when Alternate II is used. (3) Use the clause with its Alternate II in IDIQ contracts when the agency will have project labor agreements negotiated on an order-by-order basis and anticipates one or more orders may not use a project labor agreement.