It appears this firm has decided to take on the unions…
From the American Surveyor (NH/DC):
Contract Discriminates Against Majority of New Hampshire’s Construction Workforce
Associated Builders and Contractors (ABC) member company North Branch Construction, a Concord, N.H.-based general contractor, Oct. 5 filed a bid protest with the Government Accountability Office (GAO) against the U.S. Department of Labor (DOL). The complaint accuses the DOL of violating federal law by mandating the use of a project labor agreement (PLA) – a controversial contract that strongly favors union-signatory contractors, increases the cost of construction up to 18 percent, and restricts competition from nonunion contractors and their qualified workforce – in its bid specifications for the construction of a federal DOL Job Corps center in Manchester, N.H.
The complaint states that the DOL’s inclusion of the PLA, “unduly restricts competition, is wholly unsupported and violates the Competition in Contracting Act, Executive Order 13502, the Small Business Act, and numerous procurement regulations,” and requests that the GAO order the DOL to remove any PLA requirement from the solicitation…..
…..The legal challenge is expected to heighten tensions over the federal government’s recent shift in federal procurement policy concerning the use of discriminatory and costly PLAs. On Feb. 6, President Obama signed Executive Order 13502, which repealed a 2001-2008 prohibition on federal PLAs and encourages agencies to require PLAs on federal construction projects whose total costs exceed $25 million. The Federal Acquisition Regulatory (FAR) Council is in the process of reviewing public comments on its controversial July 14 proposed rule that would implement Executive Order 13502 into federal procurement code. The DOL PLA is believed to be the first government-mandated PLA on a federal construction project since Executive Order 13502 was issued, despite the fact that a final rule has not been implemented by the FAR Council….
