Attachment Y - NDSC Labor Harmony Agreement RFI.pdf

Description:

The Department of Veterans Affairs (VA) is seeking industry feedback on the inclusion of requirements related to Labor Harmony Agreements in future dialysis healthcare service contracts.

Labor harmony agreement means a written agreement between a Contractor with a labor organization that represents, or demonstrates intent to represent, service employees that contains, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the service Contractor’s operations under this contract for the duration of this contract.

RFI Questions for Industry:

1) In the past 18 months, have any of your service employees engaged in any picketing, work stoppage, boycott, or other economic interference with your operations? If so, in what ways did those actions impact patients of dialysis healthcare services?

2) In the past 18 months, have any of your service employees expressed an interest in engaging in any picketing, work stoppage, boycott, or other economic interference with your operations? If so, in what ways did those threats impact patients of dialysis healthcare services?

3) What recommendations and rationale should VA consider on the period of time necessary to negotiate a Labor Harmony Agreement after contract award? Please provide an estimated timeframe to negotiate a Labor Harmony Agreement and supporting facts for this recommended timeframe.

4) Would you be more likely to propose if 1) all offerors are required to submit a completed labor harmony agreement with their proposal; or 2) only the apparent successful offeror is required to submit a completed labor harmony agreement as a condition of final award? What factors did you consider in your response?

5) Do you foresee any concerns teaming with small business partners if they are also required to submit a labor harmony agreement?

6) Do you have any other comments or suggestions regarding the benefits, risks, and other considerations of including the Labor Harmony clause in future dialysis healthcare service contracts?

7) Please review the following draft Labor Harmony Agreement solicitation language and provide comments, feedback, and/or questions:

The deliverables to be furnished must be delivered in accordance with the Schedule of Deliverables as specified in the Performance Work Statement and below:

• Labor Harmony o The Contractor shall maintain in a current status throughout the life of the contract any labor harmony agreement entered into prior to the award of this contract

(as applicable).

o Contractor shall notify the Contracting Officer that it will commence to negotiate a labor harmony agreement with the labor organization within X days of when a labor organization demonstrates intent to represent service employees performing work under this contract.

o All labor harmony agreements required to be negotiated and executed prior to award pursuant to Sections X and X shall be provided to the Contracting Officer within X days of contract award.

o All labor harmony agreements required to be negotiated and executed after award pursuant to Section X, shall be provided to the Contracting Officer within X days of the demonstration of intent.

LABOR HARMONY AGREEMENT

(a) Definitions. As used in this term and condition-

Demonstrates intent to represent means when a labor organization takes action that the Contractor knows, or reasonably should know, displays an intent to represent service employees performing work under this contract. Such actions include, but are not limited to, the distribution of flyers, picketing, strikes, use of local media, and direct notification of the Contractor.

Labor organization means a labor organization as defined in 29 U. S.C. 152(5).

Labor harmony agreement means a written agreement between a Contractor with a labor organization that represents, or demonstrates intent to represent, service employees that contains, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the service Contractor’s operations under this contract for the duration of this contract.

Service Employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised.

Significant Subcontract – For purposes of this contract, a significant subcontractor is defined as a subcontractor performing at least X% of the labor hours associated with any one of the functional requirements in Section X of the PWS.

(b) The Contractor shall maintain in a current status throughout the life of the contract any labor harmony agreement entered into prior to the award of this contract (as applicable).

(c) If at any point after contract performance begins a labor organization demonstrates intent to represent service employees performing work under this contract, within X days of that demonstration, the Contractor shall notify the Contracting Officer that it will commence to negotiate a labor harmony agreement with the labor organization. The executed labor harmony agreement shall be provided to the Contracting Officer within X days of the demonstration of intent.

(d) Remedies. If the Contracting Officer determines that the Contractor has not complied with the requirements of this term and condition, the Government may pursue all remedies as may be permitted by law or this contract in order to protect the interests of the United States

(e) This term and condition will be applicable to any Contractor irrespective of whether the

Contractor considers itself “unionized” or “nonunionized.”

(f) This term and condition is applicable to any Contractor as well as any “significant subcontractor” to which one or more labor organizations demonstrate intent to represent service employees performing work under this contract. Any such subcontractor should enter into its own labor harmony agreement in accordance with the terms of this contract (including time frames) and provide copies to the Contractor who shall, in turn, provide copies to the contracting officer. The

Labor Harmony requirements shall be flowed down to all significant subcontracts entered into in performance of this contract.

PROPOSAL INSTRUCTIONS

Labor Harmony Agreement (LHA)

There is no requirement to provide a labor harmony agreement with your proposal. However, the apparent successful offeror will be asked to negotiate and provide a copy of a LHA prior to an award being formalized if there has been demonstrated intent to represent its employees prior to contract award.

EVALUATION FACTORS FOR AWARD

LABOR HARMONY AGREEMENT (APPARENT SUCCESSFUL OFERROR ONLY)

The Government will review the apparent successful offeror’s Labor Harmony Agreement (if applicable) for adherence to the requirements of agency specific terms and conditions found in

Section X, Labor Harmony Agreement. This review will not result in a score/rating as it is only applicable to the apparent successful Offeror.