[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1274.215]

[Page 480-481]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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 481]]

    (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]