FAR 52.222-33—Notice of Requirement for Project Labor Agreement.
Plain-English Summary
FAR 52.222-33 is the solicitation provision that gives offerors notice of a project labor agreement (PLA) requirement for certain large-scale construction acquisitions. It explains the basic obligation to negotiate or join a PLA, the requirement to flow that obligation down to subcontractors, and the minimum content the PLA must include, such as no-strike/no-lockout protections, dispute-resolution procedures, labor-management cooperation measures, and full conformity with applicable law and agency requirements. The provision also makes clear that the PLA does not change the contract terms or entitle the contractor to a Government price adjustment. In practice, this section is important because it tells offerors up front that labor relations planning is part of proposal preparation and contract performance, and it requires submission of the PLA with the offer, before award, or at another specified time depending on the applicable alternate. The alternates tailor when the obligation applies and when the executed PLA must be provided, including a version for orders under applicable ordering procedures. This provision works together with FAR 52.222-34, which supplies the key definitions used here, and with the agency’s PLA decision and solicitation instructions.
Key Rules
PLA definitions come from 52.222-34
This provision relies on the definitions of "construction," "labor organization," "large-scale construction project," and "project labor agreement" in FAR 52.222-34. Offerors and contracting officers must read the two clauses together to understand when the requirement applies and what kind of project is covered.
Offerors must secure a PLA
Under the basic provision, the offeror must negotiate or become a party to a PLA with one or more labor organizations for the term of the resulting construction contract. The offeror must also require subcontractors to become parties to the resulting PLA.
PLA must cover required protections
The PLA must bind the offeror and subcontractors, allow all contractors and subcontractors to compete regardless of existing collective bargaining status, and include guarantees against strikes, lockouts, and similar disruptions. It must also provide prompt, mutually binding dispute-resolution procedures and mechanisms for labor-management cooperation on productivity, quality, safety, and health.
PLA must comply with law and agency rules
The agreement must fully conform to all applicable statutes, regulations, Executive orders, and agency requirements. A PLA that conflicts with governing law or agency policy does not satisfy the provision.
No Government price adjustment
A PLA reached under this provision does not change the contract terms and does not entitle the contractor to a price adjustment from the Government. The contractor bears the responsibility for incorporating PLA costs into its offer unless another clause or contract term says otherwise.
PLA copy must be submitted with the offer or at the required time
The basic provision requires the offeror to submit a copy of the PLA with its offer. Alternate I requires the apparent successful offeror to submit it prior to award. Alternate III allows the agency to require submission with the order offer, before order award, or after order award, depending on the ordering context.
Alternates change timing and scope
Alternate I shifts the PLA obligation and submission requirement to the apparent successful offeror. Alternate II states that if awarded the contract, the offeror may be required to negotiate or join a PLA, and it keeps the subcontractor flowdown requirement. Alternate III is tailored for orders and gives the agency flexibility on when the executed PLA must be submitted.
Responsibilities
Contracting Officer
Insert the correct version of the provision based on the applicable prescription in FAR 22.505. Review the submitted PLA for compliance with the solicitation requirements, ensure the correct timing for submission under the applicable alternate, and coordinate with the agency’s PLA decision and any related contract clauses.
Offeror
Prepare for the PLA requirement during proposal development, negotiate or become a party to a qualifying PLA when required, ensure the agreement contains the required protections and compliance language, and submit the PLA at the time required by the applicable provision or alternate.
Apparent Successful Offeror
Under Alternate I, negotiate or join the required PLA and submit an executed copy to the Contracting Officer before award. Ensure subcontractor commitments are in place before contract award if the solicitation uses this alternate.
Contractor
After award, comply with the PLA for the term of the construction contract or order, enforce subcontractor participation, and manage labor relations consistent with the agreement and the contract.
Subcontractors
Become parties to the resulting PLA when required and perform construction work in accordance with the agreement’s terms, including dispute-resolution and labor-relations procedures.
Agency
Determine when a PLA requirement applies under the governing policy, identify the correct solicitation language or alternate, and ensure the requirement is consistent with agency requirements and applicable law.
Practical Implications
This provision can materially affect pricing, teaming, and subcontracting strategy because offerors may need to negotiate labor terms before award and build PLA-related costs into their proposals.
A common pitfall is treating the PLA as optional or leaving it until after award; the solicitation may require submission with the offer, before award, or at another specified time, and failure to comply can make an offer nonresponsive or ineligible for award.
Another frequent issue is incomplete subcontractor flowdown. The provision requires subcontractors to become parties to the PLA, so prime contractors need a realistic plan for obtaining subcontractor commitments early.
Offerors should verify that the PLA language actually includes the required no-strike/no-lockout protections, dispute-resolution procedures, cooperation mechanisms, and legal-compliance language; a generic labor agreement may not be enough.
Contracting officers should confirm that the correct alternate is used and that the solicitation instructions match the agency’s PLA decision, because the timing of submission and the identity of the party responsible for execution change under the alternates.
Official Regulatory Text
As prescribed in 22.505 (a)(1) , insert the following provision: Notice of Requirement for Project Labor Agreement (Jan 2024) (a) Definitions . As used in this provision, the following terms are defined in clause 52.222-34 , Project Labor Agreement, of this solicitation “construction,” “labor organization,” “large-scale construction project,” and “project labor agreement.” (b) Offerors shall— (1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and (2) Require its subcontractors to become a party to the resulting project labor agreement. (c) The project labor agreement reached pursuant to this provision shall- (1) Bind the Offeror and 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; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement; (5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, Executive orders, and agency requirements. (d) Any project labor agreement reached pursuant to this provision does not change the terms of the resulting contract or provide for any price adjustment by the Government. (e) The Offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer. (End of Provision) Alternate I (Jan 2024) . As prescribed in 22.505 (a)(2), substitute the following paragraphs (b) and (e) for paragraphs (b) and (e) of the basic provision. (b) The apparent successful offeror shall— (1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and (2) Require its subcontractors to become a party to the resulting project labor agreement. (e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award. Alternate II (Jan 2024) . As prescribed in 22.505 (a)(3), substitute the following paragraph (b) in lieu of paragraphs (b) through (e) of the basic provision: (b) If awarded the contract, the Offeror shall— (1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and (2) Require its subcontractors to become a party to the resulting project labor agreement. Alternate III (Jan 2024) . As prescribed in 22.505 (a)(4), substitute the following paragraph (b) in lieu of paragraphs (b) through (e) of the basic provision: (b)(1) If awarded the contract, the Offeror may be required by the agency to negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the order. The Contracting Officer will require that an executed copy of the project labor agreement be submitted to the agency— (i) With the order offer; (ii) Prior to award of the order; or (iii) After award of the order. (2) The Offeror shall require its subcontractors to become a party to the resulting project labor agreement for the term of the order.