Grant Recipient Guidance Re: Construction Projects Affected by Executive Order 13202, Dated February 17, 2001

Number C-01-05

U.S. Department
of Transportation
Federal Transit


400 Seventh St. S.W.
Washington, D.C. 20590

Dear Colleague:

This is to provide guidance to Federal Transit Administration grant recipients in the case of construction projects affected by Executive Order 13202, dated February 17, 2001 (Preservation of Open Competition and Government Neutrality Toward Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects). We wish to advise you that you may now request that the Secretary of Transportation exempt a particular project from the provisions of the Executive Order.

We enclose a copy of the April 6th amendment to the Executive Order that authorizes the exemption. The exemption may be granted if the Secretary finds that the federal grant recipient had issued or was a party to, bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to the particular project, which contained any of the requirements or prohibitions in sections 1(a) or (b) of the Executive Order, and that one or more construction contracts subject to such requirements or prohibitions had been awarded prior to February 17, 2001.

If you believe that you meet the requirements for an exemption, you may address your exemption request to the Secretary of Transportation, and submit the request to the FTA Office of Chief Counsel. Your request should include a cover letter requesting the exemption, and explaining the reasons why your particular construction project meets the requirements for an exemption. You should attach relevant supporting documents, including the relevant Project Labor Agreement, bid specifications, and/or other controlling documents, and the construction contract/s awarded prior to February 17, 2001.

If you have any questions on this matter please contact Donald R. Durkee at (202) 366-1936.


Hiram J. Walker
Acting Deputy Administrator

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