Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Fair and Open Competition Act, or FOCA Act, seeks to promote and ensure open competition on Federal and federally funded or assisted construction projects. Its primary goals include maintaining Federal Government neutrality towards the labor relations of Federal Government contractors and reducing construction costs for taxpayers. Additionally, the Act aims to expand job opportunities, particularly for small and disadvantaged businesses, and prevent discrimination against contractors or their employees based on their affiliation or non-affiliation with labor organizations . The bill prohibits executive agencies from including requirements or prohibitions in bid specifications or project agreements that mandate or forbid contractors from entering into agreements with labor organizations . Agencies are also forbidden from discriminating against or giving preference to bidders based on their signatory status or adherence to such agreements. These provisions apply to contracts awarded on or after the Act's enactment date and necessitate revisions to the Federal Acquisition Regulation within 60 days. Furthermore, these neutrality requirements extend to recipients of federal grants, financial assistance, or cooperative agreements for construction projects. While generally strict, the head of an executive agency may grant exemptions for specific projects under special circumstances , such as averting an imminent threat to public health or safety or serving national security. However, the possibility or existence of a labor dispute cannot be the basis for such an exemption. An additional exemption is provided for projects where controlling documents or contracts with such requirements were already in place and awarded before the Act's enactment.
The Fair and Open Competition Act, or FOCA Act, seeks to promote and ensure open competition on Federal and federally funded or assisted construction projects. Its primary goals include maintaining Federal Government neutrality towards the labor relations of Federal Government contractors and reducing construction costs for taxpayers. Additionally, the Act aims to expand job opportunities, particularly for small and disadvantaged businesses, and prevent discrimination against contractors or their employees based on their affiliation or non-affiliation with labor organizations . The bill prohibits executive agencies from including requirements or prohibitions in bid specifications or project agreements that mandate or forbid contractors from entering into agreements with labor organizations . Agencies are also forbidden from discriminating against or giving preference to bidders based on their signatory status or adherence to such agreements. These provisions apply to contracts awarded on or after the Act's enactment date and necessitate revisions to the Federal Acquisition Regulation within 60 days. Furthermore, these neutrality requirements extend to recipients of federal grants, financial assistance, or cooperative agreements for construction projects. While generally strict, the head of an executive agency may grant exemptions for specific projects under special circumstances , such as averting an imminent threat to public health or safety or serving national security. However, the possibility or existence of a labor dispute cannot be the basis for such an exemption. An additional exemption is provided for projects where controlling documents or contracts with such requirements were already in place and awarded before the Act's enactment.