[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1274.215]



[Page 478-479]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1274_COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents

 

                  Subpart 1274.2_Pre-Award Requirements

 

Sec. 1274.215  Federal and federally funded construction projects.



    (a) In accordance with E.O. 13202 of February 17, 2001, 

``Preservation of Open Competition and Government Neutrality Towards 

Government Contractors' Labor Relations on Federal and Federally Funded 

Construction Projects'', as amended on April 6, 2001, the Government, or 

any construction manager acting on behalf of the Government, shall not--

    (1) Require or prohibit recipients, potential recipients or 

subrecipients to enter into or adhere to agreements with one or more 

labor organizations (as defined in 42 U.S.C. 2000e(d)) on the same or 

other related construction projects; or



[[Page 479]]



    (2) Otherwise discriminate against recipients, potential recipients 

or subrecipients for becoming, refusing to become, or remaining 

signatories or otherwise adhering to agreements with one or more 

organizations, on the same or other related construction projects.

    (b) Nothing in this section prohibits the recipient, potential 

recipients or subrecipients from voluntarily entering into project labor 

agreements.

    (c) The Assistant Administrator for Procurement may exempt a 

construction project from this policy if, as of February 17, 2001--

    (1) The agency or a construction manager acting on behalf of the 

Government had issued or was party to bid specifications, project 

agreements, agreements with one or more labor organizations, or other 

controlling documents with respect to that particular project, which 

contained any of the requirements or prohibitions in paragraph (d)(1) of 

this section; and

    (2) One or more construction contracts (includes any contract 

awarded by the recipient) subject to such requirements or prohibitions 

had been awarded.

    (d) The Assistant Administrator for Procurement may exempt a 

particular project, contract, or subcontract from this policy upon a 

finding that special circumstances require an exemption in order to 

avert an imminent threat to public health or safety, or to serve the 

national security. A finding of ``special circumstances'' may not be 

based on the possibility or presence of a labor dispute concerning the 

use of contractors or subcontractors who are nonsignatories to, or 

otherwise do not adhere to, agreements with one or more labor 

organizations, or concerning employees on the project who are not 

members of, or affiliated with, a labor organization.



[67 FR 77668, Dec. 19, 2002]