Just as with my Quick Hitters on the FAR and GSAR, my Quick Hitter series on the DFARS is meant to simplify contracting business with the government. This time with DoD.
DFARS 222.101 Labor Relations
PGI 222.101 Labor Relations
Disputes are inevitable as authority regulates personnel within the workplace. Products, services and construction projects are all subject to discourse. The result may lead to work stoppages or various pay discrepancies for example.
The CO/KO must report to a designated Labor Advisor and receive approval before contacting the headquarters of a national labor office or federal agency, or issuing guidance on plant seizure (products), injunction (services) and work stoppages (construction) (PGI 222.101-1).
In accordance with PGI 222.101-3, the contract administration office must contact all pertinent parties attached to the federal side of the appropriated purchase when interference is suspected, and when circulating details concerning any labor dispute involving an established contractual agreement binding the United States of America through its national government.
The HCA must contact the agency head when requested or urgent. The designated Labor Advisor will include in the report; synopsis of the involved military program and contract as well as identify all aspects of a work stoppage.
When the CO/KO requests removal of items from the facility of performance they must provide the contract number, why it is critical and uurgent for removal, product/pricing description, explanation of removal procedure and the location of the drop-off.
The CO/KO is the overarching authority on government projects. They possess the jurisdiction to command stoppage of work as well as the removal of issued equipment from the place of performance. It matters not gender stereotypes or level of expertise. Each project progresses as the Contracting Officer permits. In the case of a labor dispute, it would behoove the awardee to heed advisement. A labor dispute is far less of a problem than a negative review in PPIRS.
I had one dispute in 10 years of contracting and it wasn’t classified as a labor dispute. It was classified as a payment dispute. I was contracting services within the VA Healthcare System, and the CO decline to re-compete the buy, and simply hire what the perspective contractor told them was available at a higher rate that could fill posted obligations. I authorized proper protocol, and acknowledged that the CO had to seek payment in accordance with the solicited solicitation while re-competing the purchase. The government acknowledge their mistake on the base contract and did not receive a negative review in PPIRS. Such is how well trained Contracting Officers handle a dispute.
Having a consultant with the experience of Robertson KX will allow you to be confident that you are performing within your rights as an awarded contractor on a federal project.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 
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