Senator Britt Supports Legislation to Enhance Competition in Federal Contracting
FOCA bill could cut costs 12% to 20% on federal projects
U.S. Senator Katie Britt (R-AL) has joined a coalition of Senate Republicans in reintroducing the Fair and Open Competition Act (FOCA), a bill aimed at eliminating federal mandates for project labor agreements (PLAs) on taxpayer-funded construction projects. The legislation, led by Senator Todd Young (R-IN) seeks to promote open competition, reduce costs, and ensure government contracts are awarded based on merit rather than union agreements.
"Federal contracts should be awarded based on merit, not special interests," said Senator Britt. "Project labor agreements are not only costly but also discourage qualified contractors from competing, all at the expense of hardworking taxpayers and small businesses. I’m proud to support legislation that will increase competition, drive down costs, and save taxpayer dollars to ensure federal projects are completed efficiently and effectively"
The Fair and Open Competition Act would prohibit the federal government from requiring PLAs—pre-hire collective bargaining agreements that dictate wages, benefits, and working conditions on large-scale federal projects. Supporters of the bill argue that such agreements limit bidding opportunities for non-union contractors, who comprise roughly 87% of the U.S. construction workforce.
"The Fair and Open Competition Act is pro-worker legislation that will restore competition in the construction industry, protect Hoosier workers from discriminatory contracts, and lower costs for taxpayers," said Senator Young. "This bill strikes the right balance to ensure various contractors can bid on these projects on their own merits"
The legislation has been introduced with bipartisan support in the House by Representative Clay Higgins (R-LA), who emphasized that the bill aligns with right-to-work laws in several states. The move also seeks to counteract executive actions that favor PLAs in federal contracting.
Senator Britt has been a vocal advocate for policies promoting worker freedom and economic competitiveness. In addition to co-sponsoring FOCA, she also backs the National Right to Work Act, which aims to prevent American workers from being forced to contribute union dues as a condition of employment.
"After four years of wages failing to keep up with inflation under the Biden-Harris Administration, Republicans are putting American workers first," Britt stated upon introducing the bill. "The National Right to Work Act would protect Americans from being forced to hand over part of their hard-earned paycheck to a union they didn’t choose to join."
Alabama has been a right-to-work state since 1953, and voters reaffirmed this stance in 2016 by passing a constitutional amendment that further enshrines the policy.
The FOCA bill aligns with the broader push for regulatory reform in federal contracting. Proponents argue that prohibiting mandatory PLAs would enhance efficiency and lower government spending, as non-union contractors could compete more freely for federal projects. A study by the Beacon Hill Institute found that PLA mandates can increase project costs by as much as 12% to 20% due to restricted competition and inflated labor expenses.
FOCA was first introduced by Senators Young and Ted Budd (R-NC) in 2023. The current bill’s future remains uncertain, as past versions have faced opposition from labor unions and Democratic lawmakers who argue that PLAs provide stable working conditions and prevent labor disputes. However, with growing Republican support, FOCA may gain traction in a divided Congress.
