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In December 2023,ÌýPresident Joe BidenÌýÌýimplementingÌý, which requires federal construction contracts of $35 million or more to be subjected to controversialÌý. ABCÌýÌýannouncing plans to challenge the new rule in court.

On Jan. 4, ÀÏÅ£Ó°ÊÓauthored aÌýÌýsigned by 23 construction and business organizations opposing the final rule and urging members to co-sponsor the ABC-backed Fair and Open Competition Act. In addition, Ben Brubeck, ÀÏÅ£Ó°ÊÓvice president of regulatory, labor and state affairs, authoredÌýÌýon the Biden PLA rule, which ran on Jan. 4.Ìý have also been published in print media.

On Jan. 12, a dozen to Congress opposing the Biden rule and supporting FOCA.

Next Steps

The rule goes into effect on Jan. 22, 2024, and will take additional time for numerous federal agencies to implement in their procurement policies and forthcoming solicitations for construction services.

A Dec. 18, 2023, White House Office of Management and Budget memo,Ìý, provides guidance about how this rule should be implemented by federal agencies. Of note, it describes when federal contracting officers shall require a PLA in a solicitation and how the PLA requirement can be waived under limited circumstances.

ÀÏÅ£Ó°ÊÓmembers and chapters are encouraged to register for anÌýÌýfrom 2 to 3:15 p.m. ET on Wednesday, Jan. 17, 2024, where experts will discuss the rule, the OMB memo and ABC’s legal, advocacy and public relations strategies to fight federal PLA requirements.

In the interim, ÀÏÅ£Ó°ÊÓmembers are encouraged to flag for ÀÏÅ£Ó°ÊÓNational’s advocacy team any solicitations with PLA requirements or pro-PLA language, as well as any federal agency PLA surveys, by emailingÌý[email protected].

In addition, ÀÏÅ£Ó°ÊÓmembers are strongly encouraged to participate in thisÌýÌýand ask their federal lawmakers to fight the Biden administration’s pro-PLA schemes and co-sponsor the Fair and Open Competition Act (/), introduced in the 118th Congress by Rep. James Comer, R-Ky., and Sen. Todd Young, R-Ind.

Review ABC’s Jan. 3 Newsline article to learn more about the final rule.

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