On September 23, the Build America Local coalition sent a signed letter by IEC and 25 other construction and employer groups to the White House advocating against former President Joe President Biden’s Executive Order 14063 and a related FAR regulation requiring federal construction contracts of $35 million or more to be subjected to costly and anti-competitive project labor agreements (PLAs).
On June 12, the Trump White House’s Office of Management and Budget issued a memo (M-25-29) indicating that it will continue Biden’s controversial policy mandating costly and anti-competitive PLAs on federal construction projects valued at $35 million or more, implemented by Biden’s Executive Order 14063 and a related FAR regulation.
IEC and a coalition of construction industry stakeholders strongly oppose the Trump administration’s decision to continue PLA mandates, which discriminate against merit shop contractors who employ almost 90% of the U.S. construction workforce—those who choose not to join a union—from fairly competing to build taxpayer-funded projects.
“When mandated, PLAs also increase the cost of taxpayer-funded projects. That means a smaller border wall and fewer American energy, border security, manufacturing, infrastructure, affordable housing, military, and school construction projects,” the coalition wrote in their latest letter.
“We ask you to revoke Executive Order 14063 and reiterate your commitment to free market competition for federal and federally assisted construction contracts,” the coalition said. “In addition, the elimination of other costly Biden policies encouraging PLAs on federally assisted projects via federal agency grant programs and tax credits is a top priority of our coalition.”
On Jan. 9, IEC and 24 other construction and business groups in the Build America Local coalition sent a letter to President Trump requesting an executive order that would restore fair and open competition on federal and federally assisted construction projects that would save taxpayers an estimated $10 billion annually.
IEC continues to support the Fair and Open Competition Act (H.R. 2126/S.1064), introduced by Sen. Todd Young, R-Ind., and Rep. Clay Higgins, R-La., in the 119th Congress.
“Simply put, hardworking taxpayers are getting less and paying more when PLAs are encouraged or mandated during the procurement of federal and federally assisted construction projects,” according to a May 20 letter to Congress from the Build America Local coalition signed by IEC and 25 other construction and employer associations in support of FOCA. “All Americans deserve more efficient and effective policies that will encourage all qualified contractors and their skilled workforces to compete to build long-lasting, quality projects at the best price.”
IEC members are urged to contact President Trump and Vice President Vance and ask them to restore pro-taxpayer principles of merit-based competition and free enterprise in government contracting by clicking the button below.
Update on Litigation Against Federal Pro-PLA Policy
Ongoing industry litigation against President Joe Biden’s controversial policy mandating costly and anti-competitive project labor agreements on federal construction projects valued at $35 million or more, implemented by Biden’s Executive Order 14063 and a related FAR regulation, continues to mature on two fronts.
In the U.S. Court of Federal Claims, new bid protests have been filed by federal prime contractors against federal agency PLA requirements after the Trump administration’s OMB memo (M-25-29) continuing Biden’s PLA policy was issued June 12. These nine bid protests have been consolidated into one case where Brasfield & Gorrie (B&G) is the prime contractor in the designated lead case. The outcome in the B&G case will apply to this tranche of pending bid protests unless the court finds unusual circumstances.
An opening brief in the B&G case was filed on September 8, and the case will have an expedited briefing schedule through early October. A decision is expected by late November.
Previously, Judge Ryan T. Holte’s Jan. 19 ruling in the MVL case held that federal agency PLA mandates were illegal and violated the federal Competition in Contracting Act. However, the judge limited the scope of the ruling to only the projects contained in 12 bid protests filed by federal contractors against three federal agencies that mandated PLAs in solicitations for construction services.
On May 6, Judge Holte denied a subsequent federal contractor plaintiffs’ motion for preliminary injunction against the entire Biden PLA rule. The court recognized the harm caused by Biden’s PLA mandate policy, but refused to strike the rule because of questions about jurisdictional ability of the U.S. COFC to strike down a federal regulation. Judge Holte encouraged federal contractors harmed by PLAs to continue to file bid protests with the U.S. COFC.
As was the case in the favorable MVL decision in January 2025, the federal agency record again shows that the government ignored its own market research and findings that PLA mandates would raise costs and reduce competition.
Concerning litigation in the 11th Circuit Court of Appeals, oral arguments were held September 12 in Associated Builders and Contractors Florida First Coast Chapter, et al., Appellants v. General Services Administration, et al. ABC appealed a March 28, 2025, decision by Judge Berger from the U.S. District Court for the Middle District of Florida in Jacksonville, Florida denying a preliminary injunction motion filed by ABC on April 26, 2024, following the filing of ABC’s lawsuit against the Biden PLA rule March 28, 2024.
Parties are awaiting a decision on the appeal from the panel of three judges in the 11th Circuit Court of Appeals, as well as a decision on the overall merits of the case that may be decided by Judge Berger. Stay tuned for additional updates on anti-PLA litigation.