The Federal Acquisition Regulatory Council’s final rule, Use of Project Labor Agreements for Federal Construction Projects, took effect on Jan. 22. The final rule implements President Joe Biden’s Executive Order 14063, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements.

ABC previously issued a statement condemning the anti-competitive and inflationary rule and continues to explore options for challenging and overturning the regulation, including legal action and individual procurement bid protests. Language from the final rule has already begun to be implemented on some federal solicitations.

ABC members are encouraged to flag for ABC National’s advocacy team any solicitations with PLA requirements or pro-PLA language, as well as any federal agency PLA surveys, by emailing [email protected].

Of note, the Associated General Contractors filed suit in federal court in Louisiana on Jan. 10 seeking to block the final rule.

ABC stands ready to assist members seeking to bid on large-scale federal construction contracts in compliance with the final rule. ABC has drafted a Frequently Asked Questions guide to the PLA rule and other Biden pro-PLA policies to address common contractor and stakeholder inquiries.

ABC also recently hosted a webinar on the final rule, with a recording available for ABC members.

Additionally, a Dec. 18, 2023 White House Office of Management and Budget memo, M-24-06, Use of Project Labor Agreements on Federal Construction Projects, provides guidance about how this rule should be implemented by federal agencies and may be useful for contractors bidding on these projects.

ABC members are strongly encouraged to participate in this ABC Action grassroots campaign by asking their federal lawmakers to fight the Biden administration’s pro-PLA schemes and co-sponsor the Fair and Open Competition Act (H.R. 1209/S. 537), introduced in the 118th Congress by Rep. James Comer, R-Ky., and Sen. Todd Young, R-Ind.

To learn more about how corrupt government-mandated PLAs rig the competitive bidding process, hurt taxpayers and endanger plans to rebuild America’s infrastructure, visit BuildAmericaLocal.com, and access additional ABC resources at abc.org/pla.