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New York State Chapter ABC,Inc.v.New York State Thruway Authority provided a significant ruling <br /> that affected the use of PLAs. The court ruled that PLAs are "neither absolutely prohibited nor <br /> absolutely permitted" on public construction projects in New York and that they should be <br /> considered on a case-by-case basis. The court ruled that the public owners of construction <br /> projects in New York must demonstrate that a PLA upholds the principles of the state's <br /> competitive bidding statutes and protects the public's interest by obtaining the lowest price for <br /> the highest quality work, and prevents "favoritism, improvidence, fraud and corruption in the <br /> awarding of public contracts."12 <br /> PLAs at the Federal Level <br /> President George H.W. Bush's October 23, 1992, Executive Order 12818, "Open Bidding on <br /> Federally Funded Construction Projects,"was the first serve in a ping pong match that ensued <br /> after the Boston Harbor court case. The executive order prohibited federal agencies from requiring <br /> PLAs on federal construction projects.13 <br /> On February 1, 1993, President Clinton issued Executive Order 12836, "Revocation of Certain <br /> Executive Orders Concerning Federal Contracting,"rescinding President Bush's Executive Order <br /> 12818.14 <br /> After his reelection, President Clinton attempted to implement a pro-PLA executive order that <br /> instructed federal agencies to determine if a PLA would"advance the government's procurement <br /> interest[s]" on federal construction projects and then to implement them on a project-by-project <br /> basis. However,that executive order was never signed.15 After extensive political pressure from <br /> the Republican-controlled U.S. Senate, President Clinton instead issued a June 5, 1997 <br /> 12 New York State Chapter ABC,Inc.v.New York State Thruway Auth.,88 N.Y.2d 56,643 NYS 2d 480,666 <br /> NE 2d 185(1996). <br /> 13 Northrup,3. <br /> 14 Exec.Order No. 12836,3 C.F.R.(1993). <br /> 15 Draft Executive Order on the Use of Project Labor Agreements,April 1997, <br /> http://thetruthaboutplas.com/wp-content/uploads/2009/06/draft-of-pro-pla-Clinton-executive-order- <br /> never-happened-040197.pdf. <br /> The Anticompetitive Effects of Project Labor Agreements on Public Construction in Washington State 8 <br />