SPE-2025-13
May 29, 2025
MEMORANDUM FOR ALL PBS CONTRACTING ACTIVITIES AND HEADS OF CONTRACTING ACTIVITY
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: Rescission of SPE-2025-05, Class Exception to Requiring a Project Labor Agreement for Land Ports of Entry
On this page
- Purpose
- Background
- Instructions
- Recission
- Applicability
- Effective Date
- Point of Contact
1. Purpose
The purpose of this memorandum is two-fold to:
- Rescind SPE-2025-05, Class Exceptions to Requiring a Project Labor Agreement for Land Ports of Entry, effective immediately.
- Instruct the Public Buildings Service (PBS) to use the expedited procedures outlined in SPE Memo SPE-2025-07, Expedited Procedures for Requesting Exceptions to the Use of Project Labor Agreements, when requesting exceptions to the requirements of FAR 22.503(b), including those related to Land Port of Entry (LPOE) projects.
2. Background
- On February 12, 2025, GSA issued SPE-2025-05.
- On May 16, 2025, the United States District Court for the District of Columbia issued a preliminary injunction in the case of N. Am.’s Bldg. Trades Unions v. Dep’t of Def., No. 25-1070 (RC), (D.D.C. May 16, 2025), directing that SPE-2025-05 be “set aside.”
- This memorandum was developed to fully comply with the preliminary injunction by rescinding SPE-2025-05.
3. Instructions
Contracting activities are instructed to:
- Include language, clauses, and provisions in all large-scale LPOE projects mandating the use of PLAs unless an exception in accordance with SPE-2025-07 is granted in writing by the Senior Procurement Executive (SPE);
- For current LPOE solicitations that do not contain the PLA requirement, there are two options:
- Amend the solicitation adding the PLA requirement per FAR 22.503(b); or
- Cancel the solicitation and, if appropriate, request an exception to the use of PLAs per SPE-2025-07.
- If the SPE grants an exception, re-solicit the project without the PLA requirement.
- If an exception is not granted, re-solicit the project with the PLA requirement.
- LPOE projects are directed to immediately cease all reliance on SPE-2025-05 for all active or future procurements; and
- Any PLA exception requests for LPOE large-scale construction projects must follow the procedures in SPE-2025-07, Expedited Procedures for Requesting Exceptions to the Use of Project Labor Agreements.
4. Recission
SPE-2025-05 is hereby rescinded effective immediately.
5. Applicability
This memorandum applies to all large-scale GSA LPOE construction projects.
6. Effective Date
The rescission and instructions set forth in this memorandum are effective immediately.
7. Point of Contact
Any questions regarding this memorandum may be directed to GSARPolicy@gsa.gov.