This article is intended for merit shop contractors and industry stakeholders in the Ohio Valley region. It covers the latest legal developments regarding the federal PLA mandate, practical compliance strategies, and the broader impact on competition and business opportunities. On April 21, 2026, the U.S. Court of Appeals for the 11th Circuit issued a ruling that keeps the Biden-era project labor agreement mandate firmly in place on large-scale federal construction projects. This article explains the current status of the federal PLA mandate, its requirements, and its implications for merit shop contractors in the Ohio Valley. The ongoing legal and business implications of this mandate are significant for contractors navigating federal projects, compliance requirements, and competitive opportunities in Ohio, Kentucky, and Indiana.

Key Takeaways

• The U.S. Court of Appeals for the 11th Circuit has affirmed the denial of a preliminary injunction against the Biden administration’s PLA mandate on direct federal construction projects valued at $35 million or more, meaning the mandate remains fully enforceable while litigation continues.
• Executive Order 14063 and the FAR final rule, effective January 22, 2024, continue to govern covered federal projects across Ohio, Kentucky, and Indiana—no pause, no exceptions without documented justification.
• ABC President and CEO Michael Bellaman has stated that ABC will continue to fight government-mandated PLAs through every legal and legislative avenue available, emphasizing that every qualified contractor—not just union shops—should have the opportunity to build America.
• ABC Ohio Valley’s 300-plus member contractors bidding on large federal projects must now plan for PLA compliance requirements, engage in federal advocacy through the ABC Action App, and participate actively in ABC’s litigation and policy efforts.
• The federal PLA mandate is distinct from the Dayton 2026 local PLA policy; contractors in the tri-state region may encounter both regimes depending on project funding and procurement structure.

11th Circuit Ruling: Where the Federal PLA Mandate Stands Today

On April 21, 2026, the U.S. Court of Appeals for the 11th Circuit issued a ruling that keeps the Biden-era project labor agreement mandate firmly in place on large-scale federal construction projects. The appellate court affirmed the lower court’s denial of a preliminary injunction sought by Associated Builders and Contractors and Associated General Contractors, meaning the mandate continues without pause during ongoing litigation.

The case challenged the Biden administration’s implementation of Executive Order 14063 and the implementing Federal Acquisition Regulation rule requiring project labor agreements on federal construction projects valued at $35 million or more. Plaintiffs argued that the mandate violates principles of full and open competition and restricts merit shop contractors from pursuing federally funded construction projects. The court, however, determined that plaintiffs failed to demonstrate a likelihood of success on the merits or irreparable harm sufficient to warrant injunctive relief.

Critically, this ruling did not decide the ultimate legality of the PLA mandate. The 11th Circuit addressed only the preliminary stage—whether the mandate should be paused while the underlying case proceeds. The court’s decision means federal agencies will continue to apply PLA requirements to covered construction projects without interruption.

While the decision applies directly to the 11th Circuit’s jurisdiction covering Alabama, Florida, and Georgia, its implications are national. Federal agencies apply the uniform FAR framework across all regions, including Ohio, Kentucky, and southeastern Indiana, where ABC Ohio Valley contractors operate. The same FAR clauses and executive order requirements that govern projects in the Southeast also apply to projects in Columbus, Cincinnati, Louisville, and everywhere in between.

The court’s reasoning emphasized deference to executive authority in federal procurement, citing longstanding precedents. For construction contractors and subcontractors, the practical consequence is clear: PLA requirements on direct federal construction projects at or above $35 million remain active and enforceable across the tri-state region.

ABC’s Response: “Every Qualified Contractor Should Have the Opportunity to Build America”

ABC President and CEO Michael Bellaman responded immediately to the 11th Circuit ruling with a clear message: ABC will continue fighting the mandate through all available legal options. Bellaman emphasized that every qualified contractor—not just union shops—should have the opportunity to build America. This is not abstract rhetoric; it is the foundation of ABC’s merit shop philosophy.

ABC National is pursuing a coordinated legal and advocacy campaign that includes multiple fronts. The organization is leading and supporting direct lawsuits challenging Executive Order 14063 and its implementing regulations. ABC has filed amicus briefs in key appellate cases and will continue to do so if the challenge reaches the U.S. Supreme Court. Regulatory comments opposing the FAR rule, congressional outreach for appropriations riders, and sustained member engagement form the core of this strategy.

ABC Ohio Valley stands fully aligned with this national effort. Representing 300-plus merit shop members across Ohio, Kentucky, and southeastern Indiana, the chapter knows that the region’s construction contractors build safely, on time, and on budget without being forced into union-only agreements. The chapter’s members represent firms of all sizes—from family-owned specialty trade firms to large general contractors—united by the principle that work should be won on the basis of quality, performance, safety, and price.

Open competition and freedom of association are not talking points for ABC Ohio Valley members. They are competitive advantages that have built careers, companies, and communities across the Ohio Valley. When federal government policies restrict who can bid and how, they undermine the very market dynamics that deliver value to taxpayers.

This fight connects directly to ABC’s broader mission: workforce development, safety leadership, and ensuring that publicly funded projects get the best possible value through maximum bidder participation. When 9 out of 10 Ohio Valley construction workers are not union members, mandates that funnel work through union hiring halls represent a fundamental disconnect between policy and the region’s labor reality.

Federal PLA Mandate 101: Executive Order 14063 and the FAR Final Rule

Understanding the federal PLA mandate requires knowing its legal foundation and how it operates on the ground. Executive Order 14063, signed by President Biden on February 4, 2022, mandates the use of project labor agreements for federal construction projects valued at $35 million or more, with limited exceptions. This executive order replaced the earlier Obama-era approach and significantly expanded federal PLA policy.

Key elements of the mandate include:

• Threshold and scope: The mandate applies to direct federal construction contracts in which the government’s cost estimate at the time of solicitation exceeds $35 million. This threshold is determined before bids are received, based on the total estimated cost.
• Covered agencies: Major federal agencies, including the Department of Defense, the General Services Administration, the Department of Veterans Affairs, the Environmental Protection Agency, and the Army Corps of Engineers, must include PLA requirements for qualifying projects.
• Excluded projects: The mandate generally excludes federally assisted construction projects, such as many federal-aid highway jobs managed by state departments of transportation. It also excludes projects outside the 50 U.S. states.
• Agency discretion below the threshold: Agencies may require PLAs for federal construction projects that do not meet the $35 million threshold, based on project-specific factors such as complexity and labor availability.

On December 18, 2023, the FAR Council published a final rule requiring project labor agreements on direct federal construction projects valued at $35 million or more, effective January 22, 2024. This final rule codified the mandate through FAR Subpart 22.5, FAR 36.104, and specific contract clauses 52.222-33 (Notice of Requirement for Project Labor Agreement) and 52.222-34 (Project Labor Agreement).

The implementing regulations require that all contractors and subcontractors engaged in construction on a project must negotiate or become a party to a PLA. These agreements must include provisions to prevent strikes and lockouts, and to establish mutually binding procedures for resolving labor disputes that arise during the project.

Executive Order 14063 replaced Executive Order 13502, issued by President Barack Obama in February 2009, which encouraged federal agencies to consider mandating PLAs on federal construction projects costing $25 million or more on a case-by-case basis. The shift from encouragement to mandate—and from $25 million to $35 million—represents a fundamental change in how the federal government approaches labor agreements for federal construction.

Federal agencies can “opt out” of the PLA requirement if requiring a PLA would substantially reduce the number of potential offerors to such a degree that adequate competition at a fair and reasonable price could not be achieved. However, such exceptions require documented justification and pre-solicitation approval. In practice, these exceptions are rarely granted, leaving merit shop contractors facing PLA requirements on virtually all qualifying projects.

What Is a Project Labor Agreement and How Does It Work on Federal Jobs?

Project Labor Agreements (PLAs) are defined as pre-hire collective bargaining agreements that establish the terms and conditions of employment for a specific construction project, and they are required to bind all contractors and subcontractors involved in the project.

A project labor agreement is a pre-hire collective bargaining agreement that establishes the terms and conditions of employment for a specific construction project before work begins and before any workers are hired. PLAs are defined as agreements that bind all contractors and subcontractors involved in the project to comply with standardized labor terms for the duration of construction.

The earliest uses of project labor agreements in the U.S. date back to several dam projects in the 1930s, including the Grand Coulee Dam, Shasta Dam, and Hoover Dam. These massive infrastructure projects pioneered the use of PLAs to coordinate labor across multiple trades and prevent work stoppages during critical construction phases.

Under the federal mandate, the apparent successful prime contractor negotiates the PLA with labor organizations after bid submission but before contract award. Once negotiated, the agreement is imposed on all subcontractors regardless of their existing labor status. Every subcontractor engaged in construction on the project must become a party to the PLA, binding them to its terms.

Core PLA features that affect merit shop contractors include:

• Union hiring hall requirements: Contractors must source workers through union halls, potentially sidelining their existing nonunion workforce.
• Union dues and fees: Workers and contractors must pay into union funds regardless of prior affiliation.
• Union benefit plan participation: Dual fringe costs when contractors maintain existing benefits plus union plans.
• Work rules and jurisdictional agreements: Union work practices may override company safety protocols and procedures.
• No-strike/no-lockout clauses: Theoretically beneficial, but come with all other PLA requirements.
• Binding grievance arbitration: Disputes resolved through union procedures, not company policies.

PLAs standardize procedures and include strict terms for compliance by all contractors and subcontractors on the site. The Federal Acquisition Regulation requires that project labor agreements bind all contractors and subcontractors engaged in construction on the project, ensuring labor-management stability and compliance with safety and health regulations.

Contractors and subcontractors under the PLA mandate must comply with union hiring halls and specific work rules, affecting operational practices. For a merit shop subcontractor that has never signed a collective bargaining agreement, this means temporarily adopting union rules that may conflict with established company culture, workforce relationships, and training programs.

Consider a nonunion electrical subcontractor bidding on a PLA-covered federal project. That firm would be required to source workers through union hiring halls that prioritize union members—potentially displacing the company’s trained employees. The subcontractor would pay into union benefit funds while potentially maintaining its existing benefit programs, creating dual fringe costs. Safety protocols developed over the years might be overridden by union jurisdictional agreements.

Importantly, PLAs sit atop Davis-Bacon Act prevailing wage requirements. They do not replace prevailing wage obligations but add additional layers of cost and administrative complexity. ABC analyses estimate that PLA requirements can add 10-20% to costs through dual fringes, administrative burdens, and union-scale requirements.

Why ABC Ohio Valley Opposes Government-Mandated PLAs

ABC Ohio Valley supports voluntary agreements reached through free-market negotiation. What the chapter opposes—and what the construction industry should oppose—are government-mandated PLAs that restrict open competition and exclude qualified contractors from publicly funded construction projects.

The core issue is straightforward: roughly 9 out of 10 construction workers in the Ohio Valley region are not union members. When federal projects mandate the use of project labor agreements that funnel hiring through union halls, they effectively sideline the majority of the regional construction workforce from building large-scale construction projects.

The implementation of project labor agreements is argued to potentially reduce competition for federal construction projects, as non-union contractors may be discouraged from bidding due to the requirements imposed by PLAs. Research and contractor experience support this concern:

• Reduced bidder participation: Studies show 15-20% fewer bids on PLA projects compared to open-competition procurements. Fewer bidders means less competition and potentially higher costs for government agencies.
• Increased construction costs: Concerns have been raised that the mandatory use of PLAs could raise costs by 12% to 20% on projects that require them, compared to those that do not.
• Limited access for small businesses: The number of small businesses awarded federal construction contracts declined 60 percent from 2010 to 2020, raising concerns about the economic impact of mandatory project labor agreements on small entities.
• Barriers for diverse contractors: Many respondents to the proposed rule expressed concerns that the complexity and cost burdens associated with PLAs will create barriers to entry for small, minority-, and women-owned businesses, potentially discouraging them from bidding on federal contracts.

The requirement for PLAs on federal construction projects valued at $35 million or more has been criticized for potentially limiting the number of bidders, particularly affecting non-unionized contractors and small businesses, which could ultimately lead to higher costs for the government.

PLA mandates directly worsen the current nationwide labor shortage. The Ohio Valley faces a 60,000-worker regional construction workforce gap that PLAs further constrain by limiting available labor pools. When projects can only access workers through union hiring halls that represent 10% of the regional workforce, labor availability shrinks dramatically at the worst possible time.

PLAs also disrupt established company practices:

• Merit shop apprenticeship programs developed through ABC may be sidelined in favor of union training pipelines
• Company safety programs refined over decades may conflict with union work rules
• Workforce stability built through direct employment relationships is disrupted by hall-based hiring

ABC’s merit shop philosophy holds that contractors should win work based on quality, performance, safety, and price—not mandated union affiliation. Building and construction employees should have the freedom to work for any qualified employer, and construction employers should compete for talent and projects on a level playing field.

Federal PLA Mandate vs. Dayton 2026 PLA: Federal vs. Local Rules

Contractors operating in the Ohio Valley must understand that multiple PLA regimes may apply depending on project funding and procurement structure. The nationwide Biden PLA mandate on direct federal contracts is distinct from the separate Dayton 2026 PLA requirement adopted by local officials.

Factor	Federal PLA Mandate	Dayton 2026 Local PLA
Authority	Executive Order 14063, FAR	Local government ordinance
Threshold	$35 million (government estimate)	Varies by project type
Scope	Direct federal construction contracts	City-managed projects
Coverage	Nationwide on qualifying federal work	Dayton-area local projects
Opt-out	Limited exceptions via contracting officers	Depends on local policy
The federal mandate applies to direct federal construction contracts at or above $35 million, while the Dayton PLA policy governs certain locally managed construction projects and agreements leading up to the 2026 events. The Dayton policy often covers projects below the federal threshold and affects work that may be federally assisted rather than directly federally procured.

Contractors bidding on work around Dayton and Wright-Patterson AFB may encounter both regimes simultaneously. A large federal military construction contract at Wright-Patterson would fall under Executive Order 14063 and the FAR final rule. A city-funded infrastructure improvement associated with the 2026 events might fall under the Dayton local policy. Some projects could theoretically involve both, depending on funding streams.

For detailed information on the local Dayton situation, see our Dayton PLA mandate coverage, which tracks local developments, advocacy strategies, and member impact.

ABC Ohio Valley is tracking both the federal and local fronts and coordinating advocacy strategies tailored to each jurisdiction. Members should recognize that the legal and political strategies differ: federal challenges involve executive authority and FAR regulations, while local challenges involve ordinance repeal, election engagement, and state-level preemption efforts.

How the Federal PLA Mandate Hits Ohio Valley Contractors in the Real World

ABC Ohio Valley contractors in Ohio, Kentucky, and southeastern Indiana are already seeing PLA clauses appear in solicitations for large federal work. This is not a hypothetical future concern—it is happening now in RFPs and bid documents across the region.

Federal infrastructure projects crossing the $35 million threshold and triggering PLA requirements include:

• U.S. Army Corps of Engineers navigation locks and dam projects along the Ohio River
• Federal courthouse construction and renovation managed by GSA in Cincinnati and other cities
• Wastewater treatment plants funded directly by EPA grants
• Major bridge projects are procured through direct federal contracts rather than state DOT programs

Semiconductor-related federal funding tied to the Intel Ohio campus in New Albany represents a major regional impact area. Intel’s $20 billion investment includes approximately $2.5 billion in federal CHIPS Act direct construction grants for fabrication facilities and supply chain infrastructure. Any direct federal construction component at or above $35 million—such as logistics hubs, R&D centers, or specialty manufacturing facilities in the Columbus-Cincinnati corridor—is likely to include PLA language.

ABC estimates this could sideline local merit shop contractors from $1-2 billion in semiconductor-related federal work in the region, precisely when advanced manufacturing construction presents once-in-a-generation opportunities.

Healthcare and military construction in the Dayton–Cincinnati–Northern Kentucky corridor adds additional PLA-covered project volume:

• VA hospital expansions and clinic construction in Louisville and northern Kentucky
• Department of Defense facility upgrades at Wright-Patterson AFB near Dayton
• Federal medical facility projects that routinely exceed $35 million

Any tri-state project receiving enough direct federal funding to be procured as a federal construction contract above $35 million should be assumed PLA-mandated unless an exception is clearly documented in the solicitation. This applies whether the project is in Columbus, Louisville, Cincinnati/NKY, or along the Ohio River corridor.

Ohio Valley contractors report that PLA clauses have appeared in 20-30% of large federal RFPs since January 2024. Each instance forces a go/no-go decision weighing 12-25% potential cost uplifts against revenue opportunity. ABC Ohio Valley is documenting these impacts to support both advocacy for exceptions and litigation efforts.

Practical Compliance and Bid Strategy on PLA-Mandated Federal Projects

Despite opposition to PLAs, some merit shop contractors may decide that specific covered federal projects remain worth pursuing. This section provides tactical guidance for firms making that calculation.

Before bidding, every estimator and project executive should:

• Review solicitations carefully for FAR clauses 52.222-33 (Notice of Requirement for Project Labor Agreement) and 52.222-34 (Project Labor Agreement)
• Identify any attached PLA form, sample agreement, or referenced labor organizations
• Confirm the project meets the $35 million threshold based on the government estimate, not your own pricing
• Flag the solicitation immediately for internal leadership and legal review

Budget time and resources for PLA negotiation:

• Allow 4-8 weeks for PLA negotiation between apparent award and contract execution
• Engage legal counsel familiar with collective bargaining agreements before bid submission
• Understand that the prime contractor negotiates the PLA, but all subcontractors must become parties

Anticipate operational impacts:

Area	Potential Impact	Mitigation Consideration
Workforce	May need to source through union hiring halls	Negotiate carve-outs for key personnel if possible
Benefits	Dual fringe payments to union funds and existing plans	Budget 15-30% uplift in labor costs
Subcontractors	All subs must agree to PLA terms	Vet union-signatory partners early
Safety	Union work rules may override company programs	Negotiate to preserve core safety protocols
Training	Union apprenticeship requirements may apply	Document existing ABC apprenticeship credentials
Document everything:

Contractors should document any ways PLAs reduce competition or drive up costs on specific construction projects. This evidence serves multiple purposes:

• Supports ABC advocacy and regulatory comments
• Provides data for potential exception requests by contracting officers
• Strengthens the litigation record for ongoing legal challenges

The final rule does not change the use of small business preferences in procurements subject to the Small Business Act, and PLAs may help small businesses by providing them with a level playing field and access to expanded skilled labor pools. However, small contractors should carefully evaluate whether PLA compliance burdens outweigh any potential benefits before committing to a bid.

Keep bid strategy practical: evaluate whether the project makes business sense under PLA constraints before investing significant estimating resources.

Legal Path Forward: Litigation, Amicus Briefs, and Federal Strategy

The 11th Circuit ruling represents one step in a multi-year legal and policy battle over federal PLA mandates—not the final word. The fight continues on multiple fronts.

ABC National’s legal strategy includes:

• Leading and supporting direct challenges to Executive Order 14063 and its implementing regulations
• Filing amicus briefs in key appellate cases and any potential U.S. Supreme Court proceedings
• Monitoring how agencies apply exceptions and documenting abuses or overreach for future litigation
• Building the factual record through member-reported impacts

Following the 11th Circuit’s refusal to block the mandate preliminarily, plaintiffs may continue litigating the merits of the underlying case. If the 11th Circuit ultimately rules on the merits, either party could seek Supreme Court review. In early 2025, a federal court ruled the PLA mandate unlawful for specific construction projects, citing violations of competition laws—demonstrating that legal arguments against the mandate have found judicial support in other contexts.

Congressional strategy runs parallel to litigation:

ABC is pressing Congress for legislative solutions, including appropriations riders that would block funding for PLA enforcement, statutory reforms to the federal acquisition regulation process, and restoration of genuine neutrality in federal procurement. The ABC Action App enables members to communicate directly with their representatives on these issues.

The mandate is in effect today. But the legal and political fight is ongoing, and ABC members are central to building the record and momentum needed for change. Every documented instance of reduced competition, higher costs, or worker displacement strengthens the case against government-mandated PLAs.

ABC Ohio Valley, ABC of Ohio, and State-Level Advocacy Tools

ABC Ohio Valley’s 300-plus member companies represent a powerful, unified voice on merit shop issues at both state and federal levels. This advocacy infrastructure amplifies member concerns beyond individual company complaints into coordinated industry pressure.

Coordination with ABC of Ohio ensures that messaging and priorities align across chapters. Key focus areas include:

• PLA opposition at federal and local levels
• Right-to-work expansion in Ohio and Kentucky
• Workforce development funding and apprenticeship freedom
• Regulatory reform affecting construction employers

The Ohio and Kentucky Merit Shop Scorecards rank states based on policies that affect open competition, apprenticeship freedom, and regulatory burden. These scorecards provide objective metrics for evaluating the business climate and advocating for improvements. PLA mandates—whether federal or local—negatively affect these scores by restricting fair and open competition.

The Free Enterprise Alliance serves as ABC’s issue advocacy arm, educating policymakers and the public on the costs of PLAs and the benefits of merit shop contracting. Through research, public communications, and coalition-building, the Alliance helps frame the conversation about what taxpayers actually get from different procurement approaches.

Members should leverage these resources:

• Share scorecard results with local and state elected officials
• Use scorecard data to frame conversations about how PLA mandates harm both contractors and taxpayers
• Connect with ABC of Ohio on state legislative priorities that affect federal projects

Member Engagement: ABC Action App and Grassroots Federal Advocacy

Winning the PLA fight requires engaged contractors, not just lawyers and lobbyists. Legal strategy and political advocacy succeed when backed by grassroots pressure from the industry professionals who understand these issues firsthand.

The ABC Action App is the primary real-time advocacy tool for members to:

• Receive instant alerts on PLA-related federal bills and regulations
• Send pre-drafted, customizable messages directly to members of Congress
• Track key votes that affect merit shop contractors
• Stay informed on litigation progress and regulatory developments

Download and activate the app today:

1. Search “ABC Action” in the Apple App Store or Google Play Store
2. Create your account and set your location for Ohio, Kentucky, or Indiana
3. Enable notifications for PLA-related action alerts
4. Complete your first action within 48 hours of downloading

Every ABC Ohio Valley member company should appoint at least one internal “advocacy captain” responsible for:

• Downloading and monitoring the ABC Action App
• Staying informed on federal PLA developments
• Mobilizing coworkers when urgent calls to action are issued
• Reporting back to company leadership on advocacy activities

Current campaigns focus specifically on rolling back Executive Order 14063 and related PLA rules. When action alerts go out, rapid member response demonstrates industry unity and strengthens ABC’s negotiating position with policymakers.

Member engagement through the app directly supports ongoing litigation and lobbying. Congressional offices track constituent communications, and high response rates on ABC action alerts signal genuine industry concern—not just association talking points.

How ABC Ohio Valley Supports Members Navigating the PLA Landscape

ABC Ohio Valley serves as a hands-on partner for contractors who encounter PLA mandates in bids or seek to understand their options. The chapter is not a passive observer; it provides active support for members facing these decisions.

Support services available to members include:

• Bid and RFP review: Chapter staff can review solicitations to spot PLA triggers, FAR clauses, and potential compliance issues before you commit to estimating resources
• Access to national analysis: ABC National provides legal and regulatory analysis on Executive Order 14063 and implementing rules, available through the chapter
• Executive briefings: Training sessions for leadership teams on risk assessment for PLA projects
• Template resources: Sample comments, questions for contracting officers, and guidance documents

Documentation support for advocacy:

Chapter staff can help members document adverse PLA impacts including:

• Lost bids where PLA requirements made projects non-competitive
• Increased costs quantified against open-competition alternatives
• Worker displacement from union hiring hall requirements
• Subcontractor relationship disruptions

This documentation strengthens ABC’s advocacy and litigation record. Real-world impacts from real Ohio Valley contractors carry more weight than theoretical arguments.

Connect with the chapter:

• Contact ABC Ohio Valley directly to discuss specific bid situations
• Request a briefing for your company’s leadership team
• Share impact stories that can support ongoing legal and political efforts
• Participate in member-led engagement teams focusing on federal advocacy

Looking Ahead: Strategic Positioning for 2026 and Beyond

The federal PLA mandate intersects with major developments in 2026: the federal election cycle, continued infrastructure buildout, and major regional projects. Merit shop contractors should think strategically about positioning for whatever policy environment emerges.

Strategic considerations for contractors:

• Which federal niches will you pursue under the current PLA regime? Some project types may offer better risk/reward profiles under PLA constraints.
• How will you strengthen competitive advantages? Safety certifications, quality programs, and innovation differentiate beyond labor agreements.
• Where will you walk away? Some PLA projects may no longer make business sense—know your threshold.
• How will you maintain workforce readiness? Keep apprenticeship programs strong regardless of federal policy.

Major regional projects, including Intel-related facilities, federal military and healthcare upgrades, and infrastructure buildout, will continue generating opportunities. The question is whether merit shop contractors can compete for them fairly.

ABC Ohio Valley will continue tracking regulatory changes, court decisions, and congressional action so members can adjust strategies quickly rather than react late. The chapter maintains direct communication channels with ABC National on legal developments and provides member briefings as situations evolve.

Regardless of political winds, ABC members will continue to build the Ohio Valley and America with excellence and integrity. Open competition remains the foundation of that commitment—and the goal of ongoing advocacy efforts.

Call to Action for Ohio Valley Merit Shop Contractors

The federal PLA mandate is active. The legal fight continues. And the outcome depends partly on whether merit shop contractors engage or sit on the sidelines while federal policy shapes their industry.

Take these steps now:

1. Download and actively use the ABC Action App for federal advocacy
   • Search “ABC Action” in app stores
   • Enable notifications
   • Respond to every PLA-related action alert
2. Support ABC of Ohio and ABC Ohio Valley political and policy initiatives
   • Participate in scorecard distribution to elected officials
   • Contribute to advocacy efforts aimed at restoring fair and open competition
   • Engage with Free Enterprise Alliance campaigns
3. Share PLA impact stories and data with chapter staff
   • Document every instance where PLA requirements affected your bidding decisions
   • Quantify cost impacts when possible
   • Report workforce disruptions from hiring hall requirements

Contact ABC Ohio Valley directly to:

• Join member-led federal engagement teams
• Participate in fly-ins and meetings with federal lawmakers
• Register for the ABC Legislative Conference 2026
• Request briefings for company leadership on the PLA mandate and related risks

Michael Bellaman’s statement captures what this fight is about: every qualified contractor should have the opportunity to build America. That opportunity is diminished when government-mandated PLAs restrict who can bid, how workers are hired, and which contractors can compete.

ABC Ohio Valley is committed to making fair and open competition a reality for the tri-state merit shop community. Join the fight. Engage with the tools available. And build with us.

Frequently Asked Questions

Does the 11th Circuit ruling mean PLAs are permanently required on all large federal projects?

The 11th Circuit’s decision affirmed only the denial of a preliminary injunction, meaning the PLA mandate stays in effect while the underlying case continues through the courts. This ruling did not permanently resolve the legality of Executive Order 14063 or the FAR final rule—it addressed only whether enforcement should be paused during litigation.

Future appellate decisions, potential U.S. Supreme Court review, or congressional action could still modify or overturn the current mandate. The senior procurement executive may grant an exception from the requirement for a project labor agreement if it is determined that requiring a PLA would not advance the federal government’s interests in achieving economy and efficiency in federal procurement.

For now, contractors should assume PLA requirements will remain in place on covered construction projects in the near term and plan bids and advocacy accordingly.

Are federally assisted projects, such as state-managed highway jobs, subject to the federal PLA mandate?

The current federal PLA mandate under Executive Order 14063 and the January 22, 2024, FAR final rule applies to direct federal construction contracts, not most federally assisted construction projects, such as many state DOT highway contracts receiving federal-aid funding.

However, states and localities can adopt their own PLA policies for federally assisted work, which is why ABC Ohio Valley tracks separate issues such as the Dayton 2026 PLA mandate. The distinction between direct federal projects and federally funded projects managed by state or local government agencies is critical for determining which requirements apply.

Contractors should review each solicitation carefully and contact ABC Ohio Valley when uncertain about whether a specific project falls under direct federal or federally assisted procurement.

Can a contracting officer waive the PLA requirement on a specific federal project?

The FAR allows contracting officers to request exceptions to the PLA requirement before solicitation when they can document specific justifications. The exceptions to the PLA requirement include situations where the project is of short duration and lacks operational complexity, involves only one craft or trade, or involves specialized construction work available from only a limited number of contractors.

Exceptions can also be granted if market research indicates that requiring a PLA would substantially reduce the number of potential offerors to the point that adequate competition at a fair and reasonable price could not be achieved.

In practice, exceptions are limited and must be justified in writing with pre-solicitation approval. Contractors should not assume a waiver will be available. Members should share examples with ABC Ohio Valley where PLAs clearly reduce bidder pools or raise labor costs, as such evidence can support future waiver requests and ongoing advocacy.

How do PLAs affect my existing apprenticeship and workforce development programs?

PLAs often favor union apprenticeship and training pipelines, which can sideline or complicate the use of ABC-approved, merit shop apprenticeship programs on covered federal projects. Union hiring hall dispatch requirements typically prioritize workers registered with union training programs.

Contractors may need to navigate dual systems—maintaining their own accredited training programs while complying with PLA terms that reference union apprenticeship, adding cost and administrative burden. This disruption affects the skilled labor pipeline that ABC has developed through workforce development initiatives across the Ohio Valley.

Members should work with ABC Ohio Valley to evaluate specific PLAs and explore strategies to preserve as much of their existing workforce development model as possible, while meeting project-specific constraints. Documentation of these impacts supports ongoing advocacy for apprenticeship recognition provisions in future policy reform.

What should my company do first if we see PLA language in a new federal solicitation?

Immediately flag the solicitation for internal leadership and legal review, focusing on FAR clauses 52.222-33 and 52.222-34 and any attached PLA form or requirements. Do not commit significant estimating resources before understanding the full compliance implications.

Contact ABC Ohio Valley for support, including access to ABC National analysis of the mandate, sample questions for contracting officers, and guidance on assessing whether the project remains a good strategic fit for your firm under PLA constraints.

Document all concerns about cost, workforce, and subcontractor impacts from the outset. Whether you ultimately bid or walk away, this documentation informs your strategy and contributes to ABC’s broader advocacy and litigation record against government-mandated PLAs.