The Fair and Open Competition Act prohibits federal agencies and recipients of federal construction funding from requiring or favoring union membership—or conversely, from discriminating against union contractors—on federally funded construction projects. The bill applies to all federal construction contracts awarded after enactment and aims to expand competition, reduce costs, and create equal opportunities for all contractors regardless of their labor affiliation status. Federal agencies must revise their acquisition regulations within 60 days to implement these requirements, and the bill allows exemptions only in rare circumstances involving immediate threats to public safety or national security, explicitly excluding labor disputes as grounds for exemption. The legislation affects federal agencies, construction contractors and subcontractors, and entities receiving federal construction grants or cooperative agreements, with no specified funding or dollar amounts attached to the bill itself.
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