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Federal Market Intelligence for Small Business |
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NDAA labor items opposedThe Professional Services Council is objecting to four provisions in the House-passed National Defense Authorization Act for Fiscal 2023 bill relating to preferences and penalties for federal contractor labor practices. The council--a trade organization for federal professional services contractors--does not support the House NDAA’s Sections 809 and 2809B. Section 809 would establish a preference for contractors that have either signed collective bargaining agreements or have agreed to allow labor organizers to work for such agreements. Section 2809B would apply the preference to military construction. Section 809 “would burden contracting officers with predicting future actions based only on plans and would limit competition,” David Berteau, president of the PSC, wrote to lawmakers on Sept. 6. Section 2809B “would create unrealistic goals for local hiring in ways that cannot be adequately measured or achieved,” he added. The council also opposes Sections 868 and 5817, which would ban contracts with any vendor who violated section 8(a) of the National Labor Relations Act (29 U.S.C. 158) in the previous three years. That section prohibits coercion or restraint of union organizing. Berteau wrote that Section 868 is “redundant” because the Office of Federal Contract Compliance Programs and other agencies already have the authority to enforce labor law compliance. Also, the proposed section does not recognize the existing procedures to weigh mitigating factors in considering a ban or suspension, Berteau wrote.
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