For Immediate Release
Office of the Press Secretary
February 17, 2001
Executive Order
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 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 competi-tion 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 taxpayers; (4) expand job opportunities, especially for small
and disadvantaged businesses; and (5) prevent discrimination against
Government contractors or their employees based upon labor affiliation
or lack thereof; thereby promoting the economical,
nondiscriminatory, and efficient administration and completion of
Federal and federally funded or assisted construction projects, it is
hereby ordered that:
Section 1. To the extent permitted
by law, any executive agency awarding any construction contract after
the date of this order, or obligating funds pursuant to such a
contract, shall ensure that neither the awarding Government authority
nor any construction manager acting on behalf of the Government shall,
in its bid specifications, project agreements, or other controlling
documents:
(a) Require or prohibit bidders,
offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or other
related construction project(s); or
(b) Otherwise discriminate against
bidders, offerors, contractors, or subcontractors for becoming or
refusing to become or remain signatories or otherwise to adhere to
agreements with one or more labor organizations, on the same or other
related construction project(s).
(c) Nothing in this section shall
prohibit contractors or subcontractors from voluntarily entering into
agreements described in subsection (a).
Sec. 2. Contracts awarded before
the date of this order, and subcontracts awarded pursuant to such
contracts, whenever awarded, shall not be governed by this order.
Sec. 3. To the extent permitted by
law, any executive agency issuing grants, providing financial
assistance, or entering into cooperative agreements for construction
projects, shall ensure that neither the bid specifications, project
agreements, nor other controlling documents for construction contracts
awarded after the date of this order by recipients
of grants or financial assistance or by parties to cooperative
agreements, nor those of any construction manager acting on their
behalf, shall contain any of the requirements or prohibitions set forth
in section 1(a) or (b) of this order.
Sec. 4. In the event that 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, performs in a manner contrary to the
provisions of sections 1 or 3 of this order, the executive agency
awarding the contract, grant, or assistance shall take such action,
consistent with law and regulation, as the agency determines may be
appropriate.
Sec. 5. (a) The head of
an executive agency may exempt a particular project, contract,
subcontract, grant, or cooperative agreement from the requirements of
any or all of the provisions of sections 1 and 3 of this order, if the
agency head finds that special circumstances require an exemption in
order to avert an imminent threat to public health or safety or to
serve the national security.
(b) A finding of "special
circumstances" under section 5(a) may not be based on the possibility
or presence of a labor dispute concerning the use of contractors or
subcontractors who are nonsignatories to, or otherwise do not adhere
to, agreements with one or more labor organizations, or concerning
employees on the project who are not members of or affiliated with a
labor organization.
Sec. 6. (a) The term
"construction contract" as used in this order means any contract for
the construction, rehabilitation, alteration, conversion, extension, or
repair of buildings, highways, or other improvements to real property.
(b) The term "executive agency" as
used in this order shall have the same meaning it has in 5 U.S.C. 105,
excluding the General Accounting Office.
(c) The term "labor organization"
as used in this order shall have the same meaning it has in 42 U.S.C.
2000e(d).
Sec. 7. With respect to Federal
contracts, within 60 days of the issuance of this order, the Federal
Acquisition Regulatory Council shall take whatever action is required
to amend the Federal Acquisition Regulation in order to implement the
provisions of this order.
Sec. 8. As it relates to project
agreements, Executive Order 12836 of February 1, 1993, which, among
other things, revoked Executive Order 12818 of October 23, 1992, is
revoked.
Sec. 9. The Presidential Memorandum
of June 5, 1997, entitled "Use of Project Labor Agreements for Federal
Construction Projects" (the "Memorandum"), is also revoked.
Sec. 10. The heads of executive
departments and agencies shall revoke expeditiously any orders, rules,
regulations, guidelines, or policies implementing or enforcing the
Memorandum or Executive Order 12836 of February 1, 1993, as it relates
to project agreements, to the extent consistent with law.
Sec. 11. This order is intended
only to improve the internal management of the executive branch and is
not intended to, nor does it, create any right to administrative or
judicial review, or any right, whether substantive or procedural,
enforce-able by any party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
GEORGE
W. BUSH
THE WHITE HOUSE, February 17, 2001.
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