Federal Manager's Daily Report

Rep. James Comer, R-Ky., said the rule change “discriminates against contractors based on labor affiliation. Image: Brian Karczewski/Shutterstock.com

The Biden administration has finalized rules under a 2022 executive order calling for using project labor agreements—which standardize work rules, compensation costs, and dispute settlement processes on construction projects—for direct federal procurements costing above $35 million.

That will make those projects “move faster and without delays” while workers on those projects “will have the security and peace of mind that collectively bargained wages and benefits bring, better pathways to good-paying jobs, and stronger health and safety protections,” a White House statement said.

OMB meanwhile issued memo M-24-06 with detailed guidance on requirements for agencies to conduct and document “inclusive market research” for all large-scale construction projects and require PLAs unless an exception applies; ensure that any exception is approved by the senior procurement executive; and report PLA activity and exceptions with supporting explanation of exceptions to OMB.

The AFL-CIO said project labor agreements “benefit both union and nonunion workers by preventing worker exploitation and ensuring accountability in construction projects that directly result in wins for the economy and our communities. They also contribute to the smooth progress of projects, avoiding costly delays resulting from labor conflicts or shortages of skilled workers.”

Meanwhile, Rep. James Comer, R-Ky., said the rule change “discriminates against contractors based on labor affiliation, favors labor unions, raises taxpayer costs, and freezes local workers out of job opportunities.” Comer has introduced a bill in the Oversight and Accountability Committee which he chairs to ban use of such agreements.

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