- Sample Responsible Contracting Legislation and Policy
- Sample Advocacy Materials
Sample Responsible Contracting Legislation and Policy
California Assembly Bill 756 requires all state agencies to list private contracts online.
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 §22.3224 - Contractor Standards on page 6.
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.
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.
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.
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.
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.
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
The Procurement Code includes strong safeguards on the quality of services and the impact on the broader community.
Procurement procedures and specifications will eliminate any discrimination against products and materials with recycled products.
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 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.
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.
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.
This is a protection ordinance drafted by the City of Chicago In an effort to promote transparency, openness, and accountability in government.
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.
Every party to a public contract must refrain from discrimination and comply with regulations concerning equal employment opportunities and affirmative action.
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.
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.
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)
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)
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.
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.
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.
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.
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.
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.
This report gives examples of responsible contracting legislative language that address various issues from a variety of states.
Progressive States Network (2010)
Progressive States Network developed a model corporate transparency in state budgets bill which requires full public information about how corporate interests benefiting from government contracts, economic subsidies and tax breaks are spending the money received.
Hawaii Corporate Transparency Bills (2010)
In January 2010, Hawaii Senator Les Ihara, Jr. and Representative Roy Takumi introduced corporate transparency legislation, SB2868 (Ihara) / HB2750 (Takumi), based on Progressive States Network's model corporate transparency legislation above.
Sample Advocacy Materials
This is a sample pledge by IllinoisPIRG to ensure transparency and accountability in asset privatizations.
SEIU Local 1000, 2009
This letter from the SEIU Local 1000 to Governor Schwarzenegger regarding California Assembly Bill 756 describes how the bill would increase the transparency of state contracts by requiring contract information to be available in a publicly accessible database.
Indiana Coalition for Human Services, 2006
This document poses questions that should be asked when dealing with the privatization of public assistance programs.
National Security Archive, 2008
This report provides guidance on the United States Freedom of Information Act (FOIA) and how to effectively request government information.
Good Jobs First - Corporate Research Project
This blog chronicles corporate misbehavior and discusses how to perform corporate research. It evaluates new sources of information useful to corporate researchers, while also offering commentary on current controversies about big business
Lee Cokorinos, CPI, 2009
Joyce Moock, 2007
The Tobin Project, 2008