Fair and Open Competition Act

Oppose PLA Schemes on Federal and Federally Funded Construction Projects – Take Action Today!

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FOCA Fact Sheet

The Fair and Open Competition Act would prevent the government from mandating discriminatory and costly Project Labor Agreements as a condition of winning federal or federally assisted construction contracts.

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PLA MANDATE EXECUTIVE ORDER FACT SHEET

President Biden’s Executive Order 14063 mandates PLAs on federal construction projects of $35 million or more. Download the fact sheet to learn more about the negative effects of this order and how you can get involved in ABC’s political advocacy against this harmful policy.

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US Map

25 States Welcome All Americans to Compete on Construction Projects

Enacted bill or executive order prohibiting government-mandated PLAs
Enacted pro-PLA bill or executive order
Has not enacted a policy on government-mandated PLAs

Government-Mandated PLA Facts

  • Taxpayer Value

    Hardworking taxpayers needlessly pay 12% to 20% more for PLA projects.

  • Safety

    FOCA states were just as safe or safer than states that promote or permit government-mandated PLAs.

  • Local Workers

    PLAs exclude nearly 9 out of 10 local construction workers, including women, minorities, veterans and local workers, because they choose not to affiliate with unions. 88.3% of U.S. construction industry does not belong to a union.

  • Quality/Built to Last

    Infrastructure projects built through Fair and Open Competition are high quality and are built to last, providing value for hardworking taxpayers.

Letters supporting FOCA or Opposing Government Mandated PLAs

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Coalition of Business Groups Supporting FOCA

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Construction Coalition Supports Fair and Open Competition Act Legislation Restricting Government-Mandated PLAs

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More Than 50 Members of Congress Submit Comment Letter Opposing Biden’s PLA Regulation

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Governors Letter Opposing FAR Council PLA Rule

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22 Construction Industry Organizations Submit Comment Letter Opposing FAR Council’s PLA Proposal

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Governors Letter to the President Opposing PLA EO

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Budd Letter to Biden on Project Labor Agreements

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Young Letter to POTUS re EO on Project Labor Agreements

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Coalition Letter Supporting FOCA Sen Young Rep Budd 117th Congress Opposing PLAs

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Coalition Letter to President Biden Opposing Government Mandated Project Labor Agreement

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Coalition Letter to President Biden on Government Mandated Project Labor Agreement Policy

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Letter to Chairman DeFazio and Ranking Member Graves

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Letter to EPW on FOCA-Infrastructure Priorities

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Coalition Letter Supporting FOCA 117th Congress

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Fair and Open Competition Act Coalition Letter

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Articles and Op-eds

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Fox Business

Biden Order Mandating Project Labor Agreements on Federal Construction Sites A' Lose-lose' Policy

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Washington Post

Construction firms hit Biden labor agreement plan that unions praise

Joe Davidson

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The Hill

GOP senators press Biden to rescind pro-labor construction order

Karl Evers-Hillstrom

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The Wall Street Journal

Biden Administration Seeks to Promote Unions, Underrepresented Workers in Infrastructure Spending

David Harrison

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The Hill

Construction industry pushes back on Biden order for labor agreements

Karl Evers-Hillston

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Wall Street Journal

Infrastructure Law Becomes a Biden Union Giveaway

Ben Brubeck

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The Hill

America can build back better through fair and open competition

Ben Brubeck

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The Washington Times

Build back better U.S. infrastructure with fair and open competition

Ben Brubeck

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Construction Dive

What contractors need to know about PLAs in light of Biden presidency

Kim Slowy

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Government-mandated PLA Studies

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Study Finds Los Angeles PLA Mandate Delivered Fewer Affordable Housing Projects and Increased Construction Costs 14.5%

Jason M. Ward

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Government-Mandated Project Labor Agreements Result in Lost and Stolen Wages for Employees and Excessive Costs and Liability Exposure for Employers

Dr. John R. McGowan, Ph.D., CPA

Instead of Reform, Policymakers Want to Perpetuate the Broken System

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The Effects of Project Labor Agreements on Public School Construction in Connecticut

William F. Burke, BSBA, David G. Tuerck, PhD

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The Effects of Project Labor Agreements on Public School Construction in New Jersey

William F. Burke, BSBA, David G. Tuerck, PhD

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Project Labor Agreements and the Cost of School Construction in Ohio

Paul Bachman, MSIE, David G. Tuerck, P h D

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Measuring the Cost of Project Labor Agreements on School Construction in California

Vince Vasquez, Dr. Dale Glaser, and W. Erik Bruvold

According to a July 2011 study released by the National University System Institute for Policy Research (NUSIPR)...

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Use of Project Labor Agreements in Public Works Building Projects in Fiscal Year 2008

New Jersey Department of Labor And Workforce Development

The New Jersey Department of Labor and Workforce Development issued the Annual Report to the Governor and Legislature: Use of Project Labor Agreements in Public Works Building Projects in Fiscal Year 2008 (October 2010),

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