February 21, 2008, Introduced by Reps. Ebli, Miller, LeBlanc, McDowell, Byrum, Byrnes, Cheeks, Wojno, Lemmons, Scott, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Melton, Alma Smith, Clack, Hammel, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer and referred to the Committee on Labor.
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 vendor has allowed an individual who is
not authorized to work in the United States to perform services
under the contract and has failed to comply in good faith with the
verification requirements in 8 USC 1324a to ensure that the
vendor's employees and employees of any subcontractor that performs
under the contract are authorized to work in the United States; 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 permits a person who is not
authorized to work in the United States to perform services under
the contract and the contractor has failed to comply in good faith
with the verification requirements in 8 USC 1324a to ensure that
the individual is authorized to work in the United States or if the
contractor violates the provisions of 1965 PA 166, MCL 408.551 to
408.558, in performing services under the contract:
(a) The contractor shall not receive further payments under
the contract.
(b) The contractor may be required to return any payments
already received under the contract.
(c) The department may cancel the contract and hold the
contractor responsible for any additional costs incurred in
rebidding the contract.
(d) The contractor may be debarred from further award of state
contracts under section 264.