Associated Builders and Contractors Florida First Coast Chapter v. General Services Administration

── Associated Builders and Contractors Florida First Coast Chapter v. General Services Administration ── Court: Court of Appeals for the Eleventh Circuit Date: April 21, 2026 Category: NEW USCA11 Case: 25-11375 Document: 47-1 Date Filed: 04/21/2026 Page: 1 of 33 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11375 ____________________ ASSOCIATED BUILDERS AND CONTRACTORS FLORIDA FIRST COAST CHAPTER, ASSOCIATED BUILDERS AND CONTRACTORS, Plaintiffs-Appellants, versus GENERAL SERVICES ADMINISTRATION, William F. Clark, Director, Office of Government-Wide Acquisition Policy, OFFICE OF MANAGEMENT AND BUDGET, Christine J. Harada, Far Council Chair, Senior Advisor to the Deputy Director for Management, UNITED STATES DEPARTMENT OF DEFENSE, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Karla S. Jackson, Assistant Administrator for Procurement, USCA11 Case: 25-11375 Document: 47-1 Date Filed: 04/21/2026 Page: 2 of 33 2 Opinion of the Court 25-11375 GENERAL SERVICES ADMINISTRATION, Jeffrey A. Koses, Senior Procurement Executive, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:24-cv-00318-WWB-MCR ____________________ Before WILLIAM PRYOR, Chief Judge, and BRANCH and ABUDU, Cir- cuit Judges. WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether two builders’ as- sociations are likely to succeed on statutory and constitutional chal- lenges to a procurement mandate. In February 2022, President Jo- seph Biden signed an executive order presumptively requiring that federal construction contractors enter into project labor agree- ments with unions to improve the efficiency of their work. The As- sociated Builders and Contractors and its Florida First Coast Chap- ter brought a facial challenge to the order, accompanying regula- tions, and enforcement guidance published by the Office of Man- agement and Budget. After the district court denied their motion for a preliminary injunction, the associations filed this interlocu- tory appeal. While the appeal was pending, Russell Vought, the new Director of the Office of Management and Budget, issued a memorandum stating that the executive order remains in effect during the Trump administration. Because the associations are not likely to succeed on the merits of their claims, we affirm. USCA11 Case: 25-11375 Document: 47-1 Date Filed: 04/21/2026 Page: 3 of 33 25-11375 Opinion of the Court 3 I. BACKGROUND We describe the background of this appeal in two parts. We first recount President Biden’s mandate of project labor agree- ments for federal construction projects. We then describe the asso- ciations’ challenges to that mandate in the district court. A. President Biden Instructs Agencies to Require Project Labor Agreements for Large-Scale Federal Construction Projects. Project labor agreements are “multi-employer, multi-union pre-hire agreement[s] designed to systemize labor relations at a