May 2, 2006, Introduced by Senators BRATER, SCOTT, CHERRY, OLSHOVE, BASHAM, THOMAS, CLARK-COLEMAN, SWITALSKI, PRUSI, WHITMER, LELAND, SCHAUER, JACOBS, BARCIA and EMERSON and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
(MCL 18.1101 to 18.1594) by adding section 268a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 268a. (1) A bid for a state contract for services shall
not be considered for award unless the bidder submits an outsourced
worker accountability form with the bid that includes all of the
following information:
(a) The percentage of the total bid price that would be paid
for services performed by workers outside of Michigan but inside
the United States and the amount that would be paid for those
services under the bid.
(b) The percentage of the total bid price that would be paid
for services performed by workers outside of the United States and
the amount that would be paid for those services under the bid.
(c) The number of unemployed outsourced workers who would be
hired to perform services if a contract is awarded on the bid and
the amount that would be paid to those workers under the contract.
(2) In awarding a contract for state services, the bid
evaluator may grant a preference to a bidder that would perform a
higher percentage of the services in Michigan or that would utilize
a larger number of outsourced workers. A preference under this
subsection shall be granted in the best interests of the state.
(3) A contract awardee shall promptly update the outsourced
worker accountability form if there is a change in the information
submitted. If the contract extends for more than a year, the
contractor shall submit an updated outsourced worker accountability
form at 12-month intervals.
(4) A contractor who submits false information indicating a
higher percentage or dollar value of services performed in Michigan
or a higher number of outsourced workers than actually paid or
employed under the contract may be debarred from bidding for or
award of state contracts in addition to incurring any sanctions or
liquidated damages provided in the contract.
(5) As used in this section, "outsourced worker" means
adversely affected worker as that term is defined in 20 CFR 617.3.