Updating and fta


19-Dec-2015 01:48

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We are not aware of any FTA requirement for incorporating the Beck Decision into the terms and conditions of grantee contracts.As you know, the Beck Decision, dating back two decades, represents a landmark Supreme Court decision in the field of labor union workers’ rights to withhold that portion of their union dues that re used for political or social purposes to which they object.In addition, the language of the sample clause at Sec.12 of the Best Practices Procurement Manual also is instructive in that it alerts potential third-party contractors and subrecipients of the requirements of 49 CFR Part 29, Subpart C. What are the federal contract clause requirements for ODCs charged by a consultant?We would say it is a matter of grantee policy as to what it might require its contractors to do in terms of notifying union workers employed on the project as to their rights in this area.The link below discusses, for example, the fact that most union workers are unaware of their Beck Decision rights, and we would think that your agency would be doing a service to these workers if you required that they be notified by contractors that are working on your project. Are we required to include a contract clause in the Contract for Suspension and Debarment?If you’d like to become involved in the meetings and begin helping out, email [email protected]

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Can services be procured and charged to the agency by a consultant as an ODC rather than as a subcontract?We have a Consultant that wants to hire a subconsultant to perform work (valued at approximately ,000) but charge the cost of the subconsultant to us as an ODC rather than a subcontractor.



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