Executive Order 13208: Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors’ Labor Relations on Federal and Federally Funded Construction Projects

President: George W. Bush

Added a case-specific exemption to EO 13202 for construction projects already governed by bid documents, project agreements or labor agreements and already under awarded contracts when EO 13208 was signed.

Status: Revoked.

Is Executive Order 13208 still in effect? No. Revoked with EO 13202 on February 6, 2009.

What does Executive Order 13208 do?

The order assigned these duties: Awarding authority or assistance recipient — Apply for a project-specific exemption and document the pre-existing arrangement; Head of the responsible executive agency — Find that controlling documents and at least one covered construction contract pre-dated the amendment.

SignedApril 6, 2001
IssuerPresident George W. Bush
Lead agencies or officialsHeads of executive agencies, federal awarding authorities and assistance recipients
Express timingImmediate; exemption available only on application and the agency head’s two findings

Before and after

Before the order

EO 13202 generally barred federal agencies and recipients of federal construction assistance from requiring or prohibiting project labor agreements.

After the order

Agency heads could preserve pre-existing project arrangements that met both conditions. The amendment was implemented with EO 13202, upheld as part of that order’s framework and lost effect when EO 13502 revoked EO 13202 as amended.

Who had to do what

Agency / officeActionTiming / position
Awarding authority or assistance recipientApply for a project-specific exemption and document the pre-existing arrangementAs needed
Head of the responsible executive agencyFind that controlling documents and at least one covered construction contract pre-dated the amendmentBefore granting an exemption
Contracting and assistance officialsContinue applying EO 13202 to projects that did not qualifyUntil revocation in 2009

What happened next

EO 13208 signed.

The FAR Council issued an interim rule implementing EO 13202 as amended by EO 13208.

The D.C. Circuit upheld EO 13202 as amended and vacated the district-court injunction.

The FAR Council adopted its implementation as a final rule.

EO 13502 revoked EO 13202 as amended, ending EO 13208’s exemption framework.

Reviewed court position

Court status

See the court documents in Sources by type.