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FOCA Act of 2025

4/1/2025, 4:38 AM

Summary of Bill HR 2126

Bill 119 hr 2126, also known as the Fair and Open Competition Act, aims to ensure fair competition and neutrality in labor relations for federal government contractors working on federally funded construction projects. The bill seeks to prevent federal agencies from requiring contractors to sign project labor agreements (PLAs), which are agreements that set terms and conditions for labor on a construction project before work begins.

The bill argues that PLAs can limit competition by favoring unionized contractors and workers, potentially leading to higher costs for taxpayers. By prohibiting federal agencies from mandating PLAs, the bill aims to promote open competition and ensure that all contractors have an equal opportunity to bid on federal construction projects.

In addition to promoting fair competition, the bill also seeks to maintain federal government neutrality towards labor relations, allowing contractors to freely negotiate with their employees without interference from the government. This is seen as a way to protect the rights of both union and non-union workers and ensure that labor relations are determined by the free market rather than government mandates. Overall, the Fair and Open Competition Act aims to promote transparency, fairness, and efficiency in federal construction projects by preventing the use of PLAs and promoting open competition among contractors.

Congressional Summary of HR 2126

Fair and Open Competition Act of 2025 or the FOCA Act of 2025

This bill requires that federal contracts for construction projects neither require nor prohibit a bidder, offeror, contractor, or subcontractor from entering into agreements with one or more labor organizations with respect to such projects or related projects.

Under the bill, the controlling documents for federal construction contracts (such as bid specifications and project agreements) may not require or prohibit a bidder, offeror, contractor, or subcontractor from entering into or adhering to such labor agreements. Additionally, the controlling documents may not discriminate against or give preference to a bidder, offeror, contractor, or subcontractor who signs or refuses to sign such a labor agreement.

These requirements also apply to any (1) construction manager acting on behalf of the federal government with respect to such contract, (2) recipient of a federal grant or financial assistance for construction projects or construction manager acting on the recipient's behalf, and (3) party to a federal cooperative agreement for construction projects or construction managers acting on the party's behalf.

An agency may exempt a project from this prohibition to avert an imminent threat to public health or safety or to serve the national security.

Current Status of Bill HR 2126

Bill HR 2126 is currently in the status of Bill Introduced since March 14, 2025. Bill HR 2126 was introduced during Congress 119 and was introduced to the House on March 14, 2025.  Bill HR 2126's most recent activity was Referred to the House Committee on Oversight and Government Reform. as of March 14, 2025

Bipartisan Support of Bill HR 2126

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
90
Democrat Cosponsors
0
Republican Cosponsors
90
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 2126

Primary Policy Focus

Alternate Title(s) of Bill HR 2126

To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects, and for other purposes.
To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects, and for other purposes.

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