Arlington County’s mandated PLA Issue Raises Legal and Competitive Concerns

Arlington County’s handling of a mandated Project Labor Agreement (PLA) requirement for the Arlington Road Superstructure Replacement Project (BFP-SB01(422)) has raised significant concerns among contractors, engineers, and aggregate producers. The Virginia Transportation Construction Alliance (VTCA) and member firms believe this mandated PLA violates Virginia’s public procurement laws and could lead to increased project costs and reduced competition. 

Procurement Violations and Lack of Transparency 

Arlington County’s RFQ requires contractors and subcontractors to comply with a future unidentified PLA, with bids due on March 5. However, VTCA has identified multiple issues with the County’s approach: 

• Violation of Virginia’s Public Procurement Act – The RFQ contradicts the principles of fair competition outlined in Virginia Code 2.2-4300. This statute ensures procurement procedures are conducted impartially, encourages maximum competition, and prohibits specifications that unfairly favor specific vendors. 
• Unenforceable PLA Negotiation Requirement – The RFQ obligates bidders to negotiate a PLA after contract award, an approach that Virginia courts have found legally unenforceable. Agreements to agree in the future lack the necessary legal standing, making this solicitation vague and problematic. 
• Failure to Obtain Proper Approvals – The Arlington County Board of Supervisors has not publicly approved the PLA’s use, as required by law. Furthermore, the RFQ does not cite any authority in County regulations to justify a PLA mandate. 

VDOT & FHWA Oversight Issues 

Since the VTCA raised concerns and believe neither VDOT nor FHWA reviewed or approved the mandated PLA.  In order for any mandated PLA to go forward federal law requires FHWA review and approve the project upon receiving a letter of request by the state DOT.  VDOT never issues such a request.   
The County’s plan to negotiate the PLA post-award violates these federal requirements, adding further uncertainty to the project’s legality and timeline. 

Potential Legal Action 

VTCA and its legal team are exploring all options to challenge Arlington County’s approach if they do not rescind the mandate.  

If Arlington continues down this path, VTCA will work with member contractors to seek an injunction, arguing that the mandated PLA violates procurement law, restricts competition, and imposes unnecessary financial burdens on the Commonwealth. 

Why This Matters 

Mandated PLAs have a well-documented history of increasing project costs—often by more than 20%—while reducing the number of qualified bidders. The U.S. Court of Federal Claims has found that PLA requirements limit fair competition and violate federal procurement principles. Arlington County’s lack of transparency in implementing this requirement, along with its failure to comply with state and federal procurement rules, places this project in legal jeopardy. 

VTCA remains committed to ensuring a fair, competitive, and transparent procurement process that benefits the industry and the Commonwealth as a whole. Members are encouraged to stay engaged and support efforts to challenge this flawed approach.