Burr & Forman successfully represented Brasfield & Gorrie, LLC in a dispute arising from a mandatory project labor agreement requirement (PLA) imposed under a U.S. Army Corps of Engineers solicitation for large pump station project in Louisiana. In a favorable decision, the U.S. Court of Federal Claims rejected the government’s effort to enforce the PLA, concluding that the requirement violated the Competition in Contracting Act (CICA) and unlawfully reduced competition.

The court granted Brasfield & Gorrie’s cross-motion for judgment on the administrative record and issued a permanent injunction removing the PLA from the solicitation. In its analysis, the court determined that the agency failed to justify a reduction in competition that would meet CICA’s exceptions criteria.

The ruling enhances an earlier 2025 court victory by this Burr team (MVL USA v. United States) by noting that the PLA process that the government is implementing is not lawfully following CICA. Based on these two decisions, unless the government amends or rescinds its current regulatory rules on PLAs, contractors should continue to be able to remove mandatory PLAs through the Court’s bid protest process.

The Burr & Forman team consists of Dirk Haire, Jessica Haire, Sean Milani-nia, Joseph Cohen, Michael Rich, David Timm, Chase Bullock, Michael Brewer, and Isabella Capanna.