# Class Deviation 2025-O0002
# Class Deviation 2025-O0002, Revision 1 – Waiver of Project Labor Agreement Requirements

Status: Archived
Date Issued: February 7, 2025
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers
Authority: MVL USA Inc., et al. vs. United States (United States Court of Federal Claims); Competition in Contracting Act

## Summary

This class deviation, a revision to the original issued February 7, 2025, directs DoD contracting officers to stop including project labor agreement requirements in solicitations for large-scale Federal construction projects. The change follows a Court of Federal Claims decision finding that FAR 22.503(b) PLA requirements violated the Competition in Contracting Act. Offerors remain free to propose using a PLA, but contractors are no longer required to do so.

## Required Contracting Officer Actions

1. Issue solicitations without project labor agreement requirements.
2. Remove project labor agreement requirements from any pending solicitations.
3. Accept offers that include or are based on pricing conditioned on a contractor-proposed project labor agreement.

## Affected Provisions and Clauses

### 22.503(b), FAR Subpart 22.5 — Project Labor Agreements (Clause)
- Change type: REMOVED
- Action: Remove project labor agreement requirements from solicitations; contracting officers shall not apply PLA requirements when issuing or maintaining solicitations for large-scale Federal construction projects.

### 36.104(c), FAR Subpart 36.104(c) — Restriction on Use of Project Labor Agreements (Clause)
- Change type: REMOVED
- Action: Remove project labor agreement requirements from solicitations for large-scale Federal construction projects in accordance with the class deviation.

## Notes

Scope of MVL Decision: The Court of Federal Claims decision in MVL USA Inc., et al. vs. United States is directly applicable only to the seven procurements at issue in that case, but its reasoning is expected to apply to additional procurements and could result in further protests if PLA requirements continue to be included.

Offeror Flexibility: Although PLAs are no longer required, offerors are free to consider PLAs in proposing as they see fit until further notice.

Duration: This class deviation remains in effect until rescinded. Questions should be directed to DPCAP/DARS at osd.dfars@mail.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 22.503(b) specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000893-25-DPCAP.pdf