Laborers Local No. 942 v. Lampkin

I

Section 16.35.010 of the Fairbanks North Star Borough Procurement Code is titled “Maximum practicable competition.” It requires that “all specifications shall ... encourage maximum free and open competition. ...”1 The text of the ordinance, taken together with the title, mandates that all specifications facilitate maximum practicable free and open competition. By contrast, the PLA discourages competition by disadvantaging both open shop contractors and subcontractors. It thus violates the Borough Code, unless it would not be practicable to bid without the PLA. As the Borough has not shown…