For Immediate Release
Office of the Press Secretary
April 6, 2001

Executive Order
Amendment to Executive Order 13202, Preservation of
Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal
and Federally Funded Construction Projects

     By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq., and in order to (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Government neutrality towards Government contractors' labor relations on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the tax-payers; (4) expand job opportunities, especially for small and disadvantaged businesses; (5) prevent discrimination against Government contractors or their employees based upon labor affiliation or lack thereof; and (6) prevent the inefficiency that may result from the disruption of a previously established contractual relationship in particular cases; thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects, it is hereby ordered that Executive Order 13202 of February 17, 2001, is amended by adding to section 5 of that order the following new subsection:

(c)  The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of the foregoing, may exempt a particular project from the requirements of any or all of the provisions of sections 1 and 3 of this order, if the agency head finds:  (i) that the
          awarding authority, recipient of grants or financial assistance,
          party to a cooperative agreement, or construction manager acting
          on behalf of the foregoing had issued or was a party to, as of
          the date of this order, bid specifications, project agreements,
          agree-ments with one or more labor organizations, or other
          controlling documents with respect to that particular project,
          which contained any of the requirements or prohibitions set forth
          in sections 1(a) or (b) of this order; and (ii) that one or more
          construction contracts subject to such requirements or
          prohibitions had been awarded as of the date of this order.

                                        GEORGE W. BUSH

                                        THE WHITE HOUSE,
                                        April 6, 2001.

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