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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2025-O0002, Revision 1
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—Waiver of Project Labor Agreement Requirements
Effective immediately, this class deviation revises and supersedes Class Deviation 2025-
O0002, issued on February 7, 2025. This revision is necessary to clarify the authorization to
deviate from the project labor agreement (PLA) requirements implemented at Federal
Acquisition Regulation (FAR) subpart 22.5 and 36.104(c).
In MVL USA Inc., et al. vs. United States, the United States Court of Federal Claims
(COFC) sustained a protest against the Department because the FAR requirements, as applied to
the protested solicitations, violated the Competition in Contracting Act. Although the MVL
decision is directly applicable only to the seven procurements at issue in that case, its reasoning
is expected to apply to additional procurements and result in additional protests if contracting
officers continue to include PLA requirements in solicitations in accordance with FAR
22.503(b). This class deviation is needed to ensure contracting officers are able to award
contracts for Federal large-scale construction projects in accordance with COFC’s MVL decision.
Accordingly, contracting officers shall issue solicitations without PLA requirements and
remove PLA requirements from any pending solicitations, but they are not prohibited from
accepting an offer that includes or is based on pricing conditioned on a contractor-proposed
Class Deviation 2025-O0002, Revision 1
Waiver of Project Labor Agreement Requirements
PLA. That is, although PLAs are no longer required, until further notice, offerors are free to
consider PLAs in proposing as they see fit.
This class deviation remains in effect until rescinded. Direct questions to DPCAP/DARS
at osd.dfars@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing, Contracting, and
Acquisition Policy
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