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.
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