HB-5783, As Passed House, May 20, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5783

     A bill to amend 1984 PA 431, entitled

"The management and budget act,"

by amending section 264 (MCL 18.1264), as added by 1988 PA 504, and

by adding section 264a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 264. The department may debar a vendor from participation

in the bid process and from contract award upon notice and a

finding that the vendor is not able to perform responsibly; , or

that the vendor, or an officer or an owner of a 25% or greater

share of the vendor, has demonstrated a lack of integrity that

could jeopardize the state's interest if the state were to contract

with the vendor; that the department receives notice that a federal

agency has found the vendor to have violated 8 USC 1324a(a) in an

action under 8 USC 1324a(e) as to employees performing work under

House Bill No. 5783 (H-1) as amended April 9, 2008

the contract; or that the vendor has violated the provisions of

1965 PA 166, MCL 408.551 to 408.558, if applicable, in the

performance of a state contract.

     Sec. 264a. The department shall include a clause requiring the

contractor to allow only individuals who are authorized to work in

the United States to perform services under the contract and a

clause stating that the contractor shall not violate the provisions

of 1965 PA 166, MCL 408.551 to 408.558, if applicable, in each

contract it enters into that includes services. The contract shall

provide all of the following as remedies if a contractor or a

subcontractor of the contractor knowingly permits a person who is

not authorized to work in the United States to perform services

under the contract[.

]