Presidential Documents

Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Presidential Documents 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.

11226 Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Presidential Documents

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.

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THE WHITE HOUSE,

February 17, 2001

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