Support the Fair and Open Competition Act in the 118th Congress: Defeat Government-Mandated Project Labor Agreements
On Feb. 27, Rep. James Comer, R-Ky., and Sen. Todd Young, R-Ind. introduced H.R. 1209/S. 537, the Fair and Open Competition Act. FOCA has 114 cosponsors in the U.S. House and 27 in the U.S. Senate as of Nov. 30, 2023.

The Fair and Open Competition Act protects federal and federally assisted construction contracts from government-mandated project labor agreements (PLAs) and will allow merit shop contractors to have a fair chance at competing to rebuild America. With 88.3% of the U.S. private construction workforce freely choosing not to belong to a union, PLA mandates discourage experienced contractors and their union-free employees from competing to win taxpayer-funded contracts to rebuild their communities.

As the Biden administration implements the $1.2 trillion Infrastructure Investment and Jobs Act, $270 billion in federal tax incentives for clean energy projects through the Inflation Reduction Act, $50 billion for domestic microchip manufacturing through the CHIPS Act and other legislation funding critical construction projects, ABC is concerned with its record of favoring the expansion of government-mandated PLAs on federal and federally assisted construction projects. Policies promoting and mandating inflationary and anti-competitive PLAs on taxpayer-funded projects will needlessly increase construction costs 12% to 20% and result in fewer infrastructure projects and jobs created by federal investment in America’s roads, bridges, schools and water and energy infrastructure.

The ABC-priority FOCA bill is key to ensuring that ABC contractors are able to build America’s infrastructure through fair and open competition. Ask your federal elected officials to support FOCA and policies that ensure a level playing field for taxpayer-funded contracts and encourage competition from all qualified companies, including small and minority-owned businesses. ABC members and their skilled employees deserve a fair chance to rebuild America at a price that is right for taxpayers.

Tell Congress to support FOCA and oppose PLA mandates and preferences today!

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