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ARTICLE · 24 JUNE 2010

The Final Rule Implementing the PLA Executive Order: Why it Should be Challenged

Venable LLP
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On April 13, 2010, the Federal Acquisition Regulation (FAR) Council issued a "final rule" to implement President Obama’s Executive Order 13502 (issued Feb. 6, 2009).

United StatesEmployment and HR
Maurice Baskin Esq
Maurice Baskin Esq

On April 13, 2010, the Federal Acquisition Regulation (FAR) Council issued a "final rule" to implement President Obama's Executive Order 13502 (issued Feb. 6, 2009). The Executive Order declared that executive agencies awarding contracts on "large scale construction projects" (having a total cost to the federal government of $25 million or more) "may, on a project-by project basis, require the use of a project labor agreement (PLA)" by a contractor (binding all subcontractors). The final rule amends the Federal Acquisition Regulation (FAR) to enforce the Executive Order.

The Administration's actions violate federal procurement laws; discriminate against 85% of the construction industry workforce and many small businesses; and hurt taxpayers, for each of the following reasons:

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