HHI Corporation (W9128F25RA076 B-21)

B-424037 Feb 18, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights HHI Corporation, a small business of Ogden, Utah, protests the terms of solicitation No. W9128F25RA076, issued by the Department of the Army, Corps of Engineers, for a design-bid-build project for the renovation and construction of facilities at Ellsworth Air Force Base in South Dakota. The protester contends that the project labor agreement (PLA) requirement included in the solicitation improperly limits competition and violates the Competition in Contracting Act (CICA), 31 U.S.C. §§ 3551-3557. In addition, the protester argues that the agency was required to apply an exception to the PLA requirements under Federal Acquisition Regulation (FAR) section 22.504(d)(i)(C) because the contract requires the contractor to perform specialized construction work. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: HHI Corporation File: B-424037 Date: February 18, 2026 Scott P. Fitzsimmons, Esq., Brandon K. Regan, Esq., and Brandon M. Wilsey, Esq., Watt Tieder Hoffer & Fitzgerald, LLP, for the protester. James L. Schneider, Esq. and Thomas J. Tracy, Esq., Department of the Army, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the solicitation violates the Competition in Contracting Act by including a project labor agreement requirement, or that the agency should have identified an exception to the requirement for a project labor agreement, is denied where the record shows the agency reasonably concluded that no exception to inclusion of the requirement in the solicitation applied. DECISION HHI Corporation, a small business of Ogden, Utah, protests the terms of solicitation No. W9128F25RA076, issued by the Department of the Army, Corps of Engineers, for a design-bid-build project for the renovation and construction of facilities at Ellsworth Air Force Base in South Dakota. The protester contends that the project labor agreement (PLA) requirement included in the solicitation improperly limits competition and violates the Competition in Contracting Act (CICA), 31 U.S.C. §§ 3551-3557. In addition, the protester argues that the agency was required to apply an exception to the PLA requirements under Federal Acquisition Regulation (FAR) section 22.504(d)(i)(C) because the contract requires the contractor to perform specialized construction work. We deny the protest. BACKGROUND The agency issued the solicitation on August 21, 2025, on an unrestricted basis, using FAR part 15 negotiated contracting procedures, for an estimated $55 million project to renovate existing, and construct additional, facilities for B-21 operations and aircraft maintenance. Contracting Officer's Statement (COS) at 1. Specifically, the project consists of renovating an approximately 48,500 square feet building and constructing an additional 11,500 square feet building to transition the facility from supporting B-1 Squadron operations and maintenance to B-21 Squadron operations and maintenance. Id.; Agency Report (AR), Exh. 3, PLA Special Notice at 7.[1] The solicitation incorporates FAR provision 52.222-33 (Notice of Requirement for Project Labor Agreement) and clause 52.222-34 (Project Labor Agreement) and states that failure to submit the required PLA will result in an offeror's ineligibility for award. AR, Exh. 16, Part 1, Solicitation at 25, 76. As background, Executive Order No. 14063, signed on February 4, 2022, established a requirement that “in awarding any contract in connection with a large-scale construction project,”[2] agencies require every contractor or subcontractor to enter into a PLA with one or more appropriate labor organizations, unless granted an authorized exception from the requirement by a senior agency official no later than the solicitation date. Executive Order No. 14063, 87 Fed. Reg. 7363, 7364 (Feb. 9, 2022). In accordance with the executive order, the FAR Council issued final regulations, effective January 22, 2024, to amend the FAR to include the PLA requirement (located at FAR subpart 22.5) and the required solicitation and contract clauses (located at FAR provision 52.222-33 and clause 52.222-34).[3] 88 Fed. Reg. 88708-88729 (Dec. 22, 2023). The FAR defines a PLA as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. FAR 52.222-34(a). Prior to issuing the solicitation, the agency issued three sources sought notices and PLA surveys on SAM.gov[4] seeking responses to multiple questions regarding PLAs, as directed by the U.S. Army Corps of Engineers Acquisition Instruction. COS at 5.