Advocacy Toolbox

Sample Responsible Contracting Legislation and Policy

California

California Assembly Bill 756 (2009)

California Assembly Bill 756 requires all state agencies to list private contracts online.

San Diego Contractor Standards (2008)

This ordinance establishes a definition of contractor responsibility to ensure that a bidder is fully capable of performing contract requirements. The ordinance also establishes a public hearing if a bidder is declared non-responsible. See ยง22.3224 - Contractor Standards on page 6.

Los Angeles Contractor Evaluation Ordinance (1999)

This city ordinance requires departments to evaluate contractor performance and upload information to a database. The compiled performance history of the contractor becomes an evaluation tool for awarding future contracts.

Los Angeles Contractor Responsibility Ordinance (2000)

This city ordinance establishes criteria for the determination of contractor responsibility. It also establishes a public responsibility hearing if a bidder is declared non-responsible.

San Jose Service Delivery Evaluation Policy (2009)

This policy provides a decision-making framework for the City to evaluate a variety of service delivery models, to determine whether a change in service delivery mode is warranted.

San Jose Public Private Competition Policy (2009)

This policy governs the process of competition between the public and private sector for provision of City services, if a change in service delivery mode is warranted, per the Service Delivery Policy above.

Connecticut

Connecticut 4a-59 Award of Contracts (1989)

Agencies are required to find the "lowest responsible bidder," which is the lowest of those bidders possessing the skill, ability and integrity necessary for faithful performance of the work based on the objective criteria considering past performance and financial responsibility.

Connecticut 58a Section 4a-100 Prequalification and Evaluation of Contractors (2004) 

The State of Connecticut provides prequalification standards for contractors, including fees, application process, renewal, revocation, and regulations. Section 4a-101 provides a standard for the contractor evaluation form, regulations, and requires that public agency to complete and submit evaluation forms.  

District of Columbia 

D.C. Section 2-301.05b Procurement Code (2001) 

The Procurement Code includes strong safeguards on the quality of services and the impact on the broader community. 

Florida 

Florida Section 287.045 Procurement of Recycled Materials (2008) 

Procurement procedures and specifications will eliminate any discrimination against products and materials with recycled products.  

Florida Local Preference (2008) 

Competitive bids received relating to commodities manufactured, grown, or produced within the State of Florida will be given preference whenever all things stated are equal with respect to price, quality and service. The lowest responsible and responsive vendors whose place of business is within the State of Florida will be given preference for competitive bids.  

Florida Section 287.0574 Public Records Requirement (2008)

Florida state law requires that contractors and subcontractors keep and maintain the public records that would normally be required if the state agency were performing the work, to provide the public with the same access to these records as though a state agency were performing the work and transfer all public records to the control of the state upon termination of the contract.  

Hawaii

Hawaii Section 11-205.5 Campaign Contributions by State and County Contractors (1997)

It is unlawful for state and county contractors to make campaign contributions or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose to use. It is also unlawful to knowingly solicit any contribution from any person for any purpose during any period.  

Hawaii Section 103D-702 Authority to Debar or Suspend (1999) 

The Hawaii Procurement Code gives the chief procurement officer, in consultation with the contracting agency and attorney general, the authority to "debar," or disallow, certain contractors from bidding on public contracts for up to 3 years if it is shown that the contractor has violated business related laws.  

Illinois

Asset Lease Taxpayer Protection Ordinance (2009) 

This is a protection ordinance drafted by the City of Chicago In an effort to promote transparency, openness, and accountability in government. 

Illinois Private Correctional Facility Moratorium Act (2006)

This Act, known as the Private Correctional Facility Moratorium Act, declares the management and operation of a correctional facility or institution involves functions that are inherently governmental. It is found that issues of liability, accountability, and cost warrant a prohibition of the ownership, operation, or management of correctional facilities by for-profit private contractors.  

Illinois Title 44 Section 2000.2570 Equal Employment Opportunity (2006)

Every party to a public contract must refrain from discrimination and comply with regulations concerning equal employment opportunities and affirmative action.  

Illinois Title 44 Section 2000.2560 Prevailing Wage (2006) 

Contractor employees must be paid prevailing wages and benefits and work under "conditions prevalent in the location where the work is to be performed." This applies to contracting in the areas of public works, printing, janitorial services, window washing and security guard services.  

Iowa

Iowa Administrative Code 5.14(231) Procurement Standards (2010) 

The Iowa Administrative Code established procurement standards for all contracting bids and transactions, including clauses for small business and minority contractors, free competition, and responsible bidding.   

Maine 

Maine 1816-A Personal Services Contracting

This statute provides general provisions for personal services contracting, except for when the contracts require specific legislative approval, and must be in accordance with Section 1825-B. Personal services contracting is permissible to achieve cost savings when all required conditions are met to achieve State functions. Departments or agencies submitting proposed contracts must retain all data, including written findings, relevant to the contracts and necessary for written application of the required standards. (M.R.S. Tit 5 1816-A, 1985 last amended in 2003) 

Maine 1825-B Bids, Awards, and Contracts

The Director of the Bureau of General Services shall purchase collectively all goods and services for the State or any department or agency. Except as otherwise provided by law, orders awarded or contracts made by the Director or by any department or agency of f the State must be awarded to the best-value bidder, taking into consideration the qualities of the goods or services to be supplied, their conformity to the specifications, the purpose for which they are required, the date of delivery, and the best interest of the State. (ME 5 Section 1825-B. Bids, Awards and Contracts, most current through 2008)  

Maryland

Maryland 21.11.10 Living Wage (2008) 

A contractor must comply with Maryland's living wage regulations if the employee spends at least one-half of the employees time during any work week on a State contract.

Maryland State Personnel and Pensions 

The policy of this State is to use State employees to perform all State functions in State-operated facilities in preference to contracting with the private sector to perform those functions. 

Maryland Procurement Advisory Council 

The Procurement Advisory Council was established to monitor the implementation of state procurement code to prevent fraud, waste, and abuse while fostering competition. The Council also ensures that the State's procurement system utilizes best practices for contracting practices. 

Rhode Island

Rhode Island Title 42, Chapter 42-148

This Rhode Island state law requires clear comparisons of the costs of work performed by contractors and public employees, a prohibition on contracting out unless costs and quality exceed that already achieved "in-house," and a built-in legal appeal process to block any privatization that violates the law.

Oregon

Oregon House Bill 2867 Summary (2009)

This document provides a summary of Oregon House Bill 2867, which requires a contracting agency, before conducting a procurement for goods or services with an estimated contract price that exceeds $250,000, to demonstrate with cost analysis or by other means that the cost of providing goods or performing service with a contracting agency's own personnel or resources is greater than cost of procuring goods or services from the contractor.

Oregon House Bill 2867 (2009)

This Oregon state bill was enacted in 2009. It requires a contracting agency, before conducting a procurement for goods or services with an estimated contract price that exceeds $250,000, to demonstrate with cost analysis or by other means that the cost of providing goods or performing service with a contracting agency's own personnel or resources is greater than cost of procuring goods or services from the contractor.

Additional Resources

Stop Bad Contracts and Protect Public Jobs

AFSCME, 2008

This report gives examples of responsible contracting legislative language that address various issues from a variety of states.

Corporate Transparency in the State Budget

Progressive States Network (2010)

Progressive States Network developed a model corporat