Congressman Clay Higgins of Louisiana has introduced the Fair and Open Competition Act (FOCA) in an effort to prevent federal discrimination against contractors based on their labor union affiliations. The legislation, which also requires neutrality regarding Project Labor Agreements (PLAs) in federal procurement, is supported by companion legislation introduced by Senator Todd Young of Indiana.
A rule published during the previous administration mandates that federal agencies require PLAs for any construction contract exceeding $35 million. This requirement, according to Higgins, contradicts Right-to-Work protections in Louisiana and 23 other states, undermines competition among bidders, delays project completion, and increases taxpayer costs.
The proposed Fair and Open Competition Act aims to preserve open competition for both nonunion and union contractors bidding on federal construction projects. It maintains neutrality on PLAs by allowing contractors to voluntarily decide whether to execute a PLA for specific projects. Additionally, it mandates a revision of the Federal Acquisition Regulation within 60 days to implement FOCA.
Congressman Higgins stated, “The regulatory mandate on federal construction contracts undermines free and fair competition. It is a violation of Louisiana and many other state’s Right-to-Work laws.” He emphasized that while former President Trump took executive action against the PLA mandate, this legislation seeks to codify those protections into law.
Senator Young expressed support for the bill as well: “The Fair and Open Competition Act is pro-worker legislation that will restore competition in the construction industry.” He highlighted his personal connection with small business owners and union members in emphasizing the bill’s balanced approach.
Kristen Swearingen, Vice President of Legislative & Political Affairs at ABC, endorsed the bill: “ABC strongly supports the Fair and Open Competition Act… Restoring merit-based competition allows all qualified contractors to compete on a level playing field based on merit, experience, quality and safety.”
