The Fair and Open Competition Act

On February 27, 2023, Sen. Young (R-IN) and Rep. Comer (R-KY) reintroduced the Fair and Open Competition Act (FOCA), which encourages construction companies to compete for federal and federally funded construction projects.  While FOCA would prohibit government-mandated PLAs (Project Labor Agreements) on federal and federally assisted construction projects, this legislation would still allow federal agencies to award contracts to businesses that voluntarily enter a PLA before or after a fair and open competitive bidding process. A total of 24 states have passed measures similar to the FOCA.