Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects
Signed April 6, 2001·George W. Bush·66 FR 18717
Source
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Plain-language summary
Amends Executive Order 13202 by adding a new provision allowing the head of a federal executive agency to exempt a particular construction project from that order's requirements barring project labor agreements. An exemption may be granted upon application by an awarding authority, grant or financial assistance recipient, party to a cooperative agreement, or a construction manager acting for them, if the agency head finds that, as of the date of the original order, that party had already issued or was party to bid specifications, project agreements, or other controlling documents containing the requirements or prohibitions in question, and that one or more construction contracts under those terms had already been awarded. It applies to federal and federally funded or assisted construction projects.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the 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 tax payers; (4) expand job opportunities, especially for small and disadvantaged businesses; (5) prevent discrimination against Government contractors or their employees based upon labor affiliation or lack thereof; and (6) prevent the inefficiency that may result from the disruption of a previously established contractual relationship in particular cases; thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 13202, February 17, 2001; Revoked by: EO 13502, February 6, 2009
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13208 of April 6, 2001
Amendment to Executive Order 13202, 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 the 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 tax payers; (4) expand job opportunities,
especially for small and disadvantaged businesses; (5)
prevent discrimination against Government contractors
or their employees based upon labor affiliation or lack
thereof; and (6) prevent the inefficiency that may
result from the disruption of a previously established
contractual relationship in particular cases; thereby
promoting the economical, nondiscriminatory, and
efficient administration and completion of Federal and
federally funded or assisted construction projects, it
is hereby ordered that Executive Order 13202 of
February 17, 2001, is amended by adding to section 5 of
that order the following new subsection:
(c)
The head of an executive agency, upon application of 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, may exempt a particular project from the requirements of any or
all of the provisions of sections 1 and 3 of this order, if the agency head
finds: (i) that the awarding authority, recipient of grants or financial
assistance, party to a cooperative agreement, or construction manager
acting on behalf of the foregoing had issued or was a party to, as of the
date of this order, bid specifications, project agreements, agreements with
one or more labor organizations, or other controlling documents with
respect to that particular project, which contained any of the requirements
or prohibitions set forth in sections 1(a) or (b) of this order; and (ii)
that one or more construction contracts subject to such requirements or
prohibitions had been awarded as of the date of this order.
(Presidential Sig.)B
THE WHITE HOUSE,
April 6, 2001.Reproduced from the Federal Register plain-text record, signed April 6, 2001. Typesetting artifacts are removed; no wording is changed.