The Associated Builders and Contractors (ABC) commends the passage of the Fair and Open Competition Act (FOCA) by the U.S. House of Representatives Committee on Oversight and Accountability. The bill, known as H.R. 1209, aims to safeguard federal and federally assisted construction contracts from anti-competitive and inflationary project labor agreements.

In support of FOCA, the ABC and a coalition of 26 construction and business organizations sent a letter to the committee. The bill, introduced by Oversight and Accountability Chairman James Comer and Senator Todd Young, promotes fair competition and equal opportunities for contractors across the United States.

 
Kristen Swearingen, ABC's vice president of legislative and political affairs, highlights the significance of FOCA in promoting fair competition and driving cost-effective construction projects, "FOCA would ensure that all of America?EUR(TM)s workers and qualified contractors are provided the opportunity to compete to build long-lasting, quality projects at the best price for hardworking taxpayers."

The ABC's efforts extend beyond FOCA, as the association submitted extensive comments urging the Biden administration to withdraw a proposed rule that would codify Executive Order 14063, which requires contractors to enter into PLAs for federal construction projects worth $35 million or more.

By addressing PLA mandates, the legislation aims to encourage experienced contractors and the majority of the U.S. private construction workforce, who choose not to join a union, to compete for taxpayer-funded contracts. According to the ABC, federal policies and mandates promoting PLAs can increase construction costs by 12% to 20% and limit job opportunities in infrastructure development.

As FOCA progresses through the legislative process, its provisions seek to level the playing field, foster healthy competition, and maximize the value of taxpayer investments in critical infrastructure projects.

https://www.abc.org/News-Media/News-Releases/entryid/20020/abc-applauds-house-committees-passage-of-the-fair-and-open-competition-act