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Del. Comstock's Fair and Open Competition in Government Contracting Act (HB33)
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ALEC's Open Contracting Act
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§ 2.2-4321.2. Public works contract requirements.
A. As used in this section:
"Public works" means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, city, or town.
B. Except as provided in subsection F or as required by federal law, each state agency, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works paid for in whole or in part by state funds, or when overseeing or administering such procurement, construction, manufacture, maintenance, or operation, shall ensure that neither the state agency nor any construction manager acting on behalf of the state agency shall, in its bid specifications, project agreements, or other controlling documents:
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1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related public works projects; or
2. Otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related public works projects.
Nothing in this subsection shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subdivision 1.
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(A) Require bidders, offerors, contractors or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects;
(B) discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations on the same or related construction projects; or
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C. A state agency issuing grants, providing financial assistance, or entering into cooperative agreements for the construction, manufacture, maintenance, or operation of public works shall ensure that neither the bid specifications, project agreements, nor other controlling documents therefor awarded by recipients of grants or financial assistance or by parties to cooperative agreements, nor those of any construction manager acting on behalf of such recipients, shall:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related projects; or
2. Otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related projects.
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General rule. The State and political subdivisions and any agencies or instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects a condition of which requires that bid specifications, project agreements or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in Section 3.
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D. If an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of them performs in a manner contrary to the provisions of subsection B or C, the state agency awarding the contract, grant, or assistance shall be entitled to injunctive relief to prevent any violation of this section.
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E. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, operator, or taxpayer, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement that violates the provisions of this section. Furthermore, such interested party shall be entitled to injunctive relief to prevent any violation of this section.
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Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or taxpayer, shall have any standing to challenge any bid specification, project agreement, controlling document, grant or cooperative agreement which violates the Act, and shall be awarded costs and attorney's fees in the event that the challenge prevails.
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F. The provisions of this section shall not:
1. Apply to any public-private agreement for any construction or infrastructure project in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq.;
2. Prohibit an employer or any other person covered by the National Labor Relations Act from entering into agreements or engaging in any other activity protected by law; or
3. Be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act.
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http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+HB33
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http://alecexposed.org/w/images/9/9b/1R11-The_Open_Contracting_Act_Exposed.pdf
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Delegate Barbara Comstock Introduces Legislation Written By Out-Of-State Corporate Lobbyists
Touts "Fair and Open Competition in Government Contracting Act" without disclosing language was copied from prominent corporate front group
Delegate Barbara Comstock (R-McLean) has introduced legislation for the 2012 General Assembly session that copies legislative language from model legislation circulated by the notorious corporate front group, the American Legislative Exchange Council (ALEC). HB33, titled the "Fair and Open Competition in Government Contracting Act", copies legislative language from ALEC's "Open Contracting Act." ALEC is a corporate bill factory that generates model bills to increase big business's bottom lines and circulates the proposed language to legislators across the country. Corporations that serve as "private sector members" retain veto power over model legislation that does not serve their interests.
This is not the first time Delegate Comstock has submitted legislation she did not author. According to a recent ProgressVA report, Comstock has sponsored or cosponsored at least 10 bills copied from ALEC model legislation. In addition, Comstock spent $510 of taxpayer money to meet with corporate lobbyists behind closed doors at ALEC conferences, in addition to the $1,852 worth of travel expenses she was gifted by the organization.
"Its unfortunate that Delegate Comstock has relied on out-of-state corporate lobbyists to advance attacks on fair wages and safety standards in public construction contracts," said ProgressVA Executive Director Anna Scholl. "Perhaps these out-of-state corporate lobbyists were too busy protecting their bottom lines to mention that project labor agreements are a market-based tool that set the rules and expectations for management and workers and as a result, projects with PLAs come in on-time and on-budget."
A study from Cornell University found that PLAs do not drive up project costs. In Virginia, Phase 1 of the Dulles Rail project utilized a PLA. The project is ahead of schedule, under budget, and has the best safety record of any construction project in Virginia. The new Springfield interchange (I-95 & I-495) is being constructed without a PLA. That project is "three times over budget, way behind schedule", and there have been 4 fatalities on the job. (Source: Building & Construction Trades Department, AFL-CIO)
Del. Comstock's Fair and Open Competition in Government Contracting Act (HB33)
ALEC's Open Contracting Act
§ 2.2-4321.2. Public works contract requirements.
A. As used in this section:
"Public works" means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, city, or town.
B. Except as provided in subsection F or as required by federal law, each state agency, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works paid for in whole or in part by state funds, or when overseeing or administering such procurement, construction, manufacture, maintenance, or operation, shall ensure that neither the state agency nor any construction manager acting on behalf of the state agency shall, in its bid specifications, project agreements, or other controlling documents:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related public works projects; or
2. Otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related public works projects.
Nothing in this subsection shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subdivision 1.
(A) Require bidders, offerors, contractors or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects;
(B) discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations on the same or related construction projects; or
C. A state agency issuing grants, providing financial assistance, or entering into cooperative agreements for the construction, manufacture, maintenance, or operation of public works shall ensure that neither the bid specifications, project agreements, nor other controlling documents therefor awarded by recipients of grants or financial assistance or by parties to cooperative agreements, nor those of any construction manager acting on behalf of such recipients, shall:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related projects; or
2. Otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related projects.
General rule. The State and political subdivisions and any agencies or instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects a condition of which requires that bid specifications, project agreements or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in Section 3.
D. If an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of them performs in a manner contrary to the provisions of subsection B or C, the state agency awarding the contract, grant, or assistance shall be entitled to injunctive relief to prevent any violation of this section.
E. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, operator, or taxpayer, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement that violates the provisions of this section. Furthermore, such interested party shall be entitled to injunctive relief to prevent any violation of this section.
Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or taxpayer, shall have any standing to challenge any bid specification, project agreement, controlling document, grant or cooperative agreement which violates the Act, and shall be awarded costs and attorney's fees in the event that the challenge prevails.
F. The provisions of this section shall not:
1. Apply to any public-private agreement for any construction or infrastructure project in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq.;
2. Prohibit an employer or any other person covered by the National Labor Relations Act from entering into agreements or engaging in any other activity protected by law; or
3. Be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act.
http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+HB33
http://alecexposed.org/w/images/9/9b/1R11-The_Open_Contracting_Act_Exposed.pdf