[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Presidential Documents]
[Pages 11225-11226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4622]
Presidential Documents
Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 /
Presidential Documents
[[Page 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.
[[Page 11226]]
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.
(Presidential Sig.)B
THE WHITE HOUSE,
February 17, 2001
[FR Doc. 01-4622
Filed 02-21-01; 11:16 am]
Billing code 3195-01-P