U.S. Court of Federal Claims ruling validates the Associated General Contractors’ argument that mandating PLAs for most federal construction projects is an unauthorized set-aside.
The Associated General Contractors of America’s chief executive officer, Jeffrey Shoaf, issued the following statement in reaction to the decision last night by the United States Court of Federal Claims in the consolidated bid protest of MVL USA, Inc., et al.. v. United States, Case No. 24-1057, which the association facilitated as a challenge to the Biden administration’s efforts to impose project labor agreements on all federal construction projects valued at $35 million or more:
“Last night’s ruling vindicates the novel approach AGC put in place to challenge the Biden administration’s unlawful project labor agreement mandate. It was and is AGC’s understanding that by requiring a project labor agreement for all federal construction projects worth $35 million or more, President Biden was creating a new federal set aside program without the required Congressional authorization. That is why we encouraged and supported seven bid protests challenging the mandate from our member firms which were consolidated into the single case that was ruled on favorably last night.
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