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

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Number 66 11225
02-22-01
[Federal Register: February 22, 2001 (Volume 66, Number 36)]
[Presidential Documents]               
[Page 11225-11226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe01-112]                         

                        Presidential Documents 


[[Page 11225]]

                Executive Order 13202 of February 17, 2001
 
                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 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 
                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.
[[Page 11226]]
                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.
                    (Presidential Sig.)B
                THE WHITE HOUSE,
                    February 17, 2001
[FR Doc. 01-4622
Filed 02-21-01; 11:16 am]
Billing code 3195-01-P