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

Barred federal agencies and recipients of covered federal construction assistance from requiring or prohibiting project labor agreements, while leaving contractors free to enter them voluntarily.

Status: Revoked.

Is Executive Order 13202 still in effect? No. Revoked February 6, 2009; implementing restrictions withdrawn.

What does Executive Order 13202 do?

The order assigned these duties: Federal awarding agencies — Keep covered bid and assistance documents neutral about project labor agreements; FAR Council — Amend the Federal Acquisition Regulation.

SignedFebruary 17, 2001
IssuerPresident George W. Bush
Lead agencies or officialsFAR Council and federal awarding agencies
Express timingFAR action within 60 days; prospective application to covered awards

Before and after

Before the order

Earlier presidential actions permitted or encouraged consideration of project labor agreements on federal construction.

After the order

The FAR Council implemented the order. A district court injunction was vacated when the D.C. Circuit upheld the order in 2002. EO 13502 revoked it in 2009, and agencies removed the implementing restrictions.

Who had to do what

Agency / officeActionTiming / position
Federal awarding agenciesKeep covered bid and assistance documents neutral about project labor agreementsFor post-order awards
FAR CouncilAmend the Federal Acquisition RegulationWithin 60 days
Agency headsConsider narrow public-safety or national-security exemptionsProject-specific

What happened next

EO 13202 signed.

EO 13208 added an exemption for certain projects with pre-existing bid or project documents.

The FAR Council issued an interim implementing rule.

A district court permanently enjoined the order.

The D.C. Circuit reversed, upheld the order and vacated the injunction in Building and Construction Trades Department v. Allbaugh.

The FAR Council ended its stay and adopted the rule as final.

EO 13502 revoked EO 13202.

Reviewed court position

Court status

See the court documents in Sources by type.