Indiana, Illinois, Iowa Foundation for Fair Contracting Applauds Updates to Valparaiso, in Responsible Bidder Ordinance

Posted by National Alliance for Fair Contracting on

FOR IMMEDIATE RELEASE: May 30, 2024
CONTACT: Jill Gigstad, III FFC

In early July, the Valparaiso City Council voted unanimously to amend and strengthen the city’s local Responsible Bidder Ordinance (RBO), focusing on apprenticeship requirements for contractors bidding on publicly funded projects.

An RBO is a resolution incorporated into a public body’s procurement codes, outlining specific criteria contractors must meet to be eligible for public contracts. These ordinances ensure that public projects are awarded to contractors who are not only responsive but also responsible, employing skilled tradespeople, delivering superior work quality, and providing greater value to taxpayers by prioritizing training, labor, and safety. Since 2021, over 50 RBOs have been passed by local governments across Indiana.

Valparaiso has had an RBO in place since 2016. However, recognizing the need for more specific guidelines, the city has now updated the ordinance to include detailed requirements for apprenticeship graduation rates. The revised ordinance mandates that contractors and subcontractors bidding on Valparaiso public works projects worth at least $150,000 must participate in an apprenticeship training program that has graduated at least five apprentices each year for the last five years for each of the construction crafts the company will perform on the project.

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Following Hard Rock collapse, council and Mayor begin work on ‘responsible bidders ordinance’ (LA)

Posted by National Alliance for Fair Contracting on

By Michael Isaac Stein
24th February 2020

A New Orleans City Council committee on February 12, heard presentations from labor union leaders, officials with the Louisiana Workforce Commission and other labor advocates about a proposal for the city to pass a “responsible bidders ordinance” in order to hold current and prospective city contractors accountable for the treatment and safety of their employees.

While the details have yet to be worked out, proponents of such an ordinance called for a requirement that companies seeking city work disclose past safety violations and labor complaints as part of their bids.

Public calls for such an ordinance have grown in the months following the October collapse of the Hard Rock Hotel on Canal Street. The incident killed three workers and injured over a dozen more.

Labor advocates told the council’s Economic Development & Special Development Projects Committee on Wednesday that such a disaster was inevitable given the current climate of construction contracting in the city. They argued that public bid laws that apply to construction contracts, which require the city to choose the firm offering the lowest price, drive companies to cut costs wherever possible to the detriment of their employees.

“This has been going on for a really long time,” said Chip Fleetwood, director of business development for the local chapter of the Painters and Allied Trades International Union. “We’re to a point where it’s almost like the wild, wild west. It was only a matter of time before something like that happened. In the building trade’s opinion, we knew there was going to be a breaking point. And we’re at the breaking point now. If something isn’t done, if we don’t really hold contractor’s accountable, it’s going to happen again.” …

Erika Zucker, policy advocate at the Workplace Justice Project at the Loyola College of Law, argued that transparency, monitoring and enforcement should all be part of the equation. She said that major changes should be made to how the city considers and chooses contractors. Instead of just relying on the lowest quote, she said that contractors should have to disclose much more info, such as past labor law and safety violations.
She also said the city should create a fair contracting task force to implement and enforce the new rules.

The Hard Rock Hotel was a private development, not a public one, so the city wasn’t party to the construction contracts. Even so, Zucker argued that a responsible bidders ordinance would still have an effect on private developments.

“The city becomes overall the most responsible contracting entity and sets an example for the region,” she said.

Zucker also argued that the ordinance should be applied to any project that are either “wholly public projects or projects that use public money that looks more like a public-private partnership, which can look like anything from a tax incentive to joint operation.”

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SOUTH BEND PASSES RESPONSIBLE BIDDER ORDINANCE

Posted by National Alliance for Fair Contracting on

By IUOE Local 150

On April 11, South Bend Mayor Pete Buttigieg signed a responsible bidder ordinance (RBO) which was passed by the Common Council on April 9th. It sets conditions for contractors to be classified as “responsible” and eligible for work on projects of less than $150,000 in value.

An RBO is meant to protect taxpayer dollars as well as small businesses by making sure public works projects are completed efficiently and held to a high standard. They typically contain requirements such as participation in a training program and a clean safety record.

Mayor Buttigieg told WVPE radio that this ordinance was something that the city has been working on for a while. “I really view this as a community effort, there was a lot of leadership on the council,” Buttigieg said, “It was something we’ve been kicking around for a long time, but it took us a while to get it right and make sure that what we came up with really fit South Bend.”

“Ensuring that responsible contractors are prioritized for work opportunities in South Bend protects workers and delivers the best outcome for taxpayers,” said IUOE Local 150 President-Business Manager James M. Sweeney. “The residents funding this work deserve the assurance that their money will go to contractors who are qualified, capable and have a track record of quality and safety.”

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Porter County Commissioners setting conflict of interest rules for bidding (IL)

Posted by National Alliance for Fair Contracting on

By JEFF SCHULTZ
Posted 7/19/2017

The Porter County Board of Commissioners voted in favor of implementing a conflict of interest policy concerning how it hires consultants on Tuesday, and signaled their interest in compiling a responsible bidder policy.

The Commissioners voted 3-0 on first reading for an ordinance to establish the policy that many other states like Indiana have already adopted. Under it, County employees and elected officials would be prohibited from soliciting or accepting gratuities of anything valued at $50 or more from consultants or other parties in contractor agreements, said County Attorney Scott McClure.

McClure said forms of this policy have been put together at the federal level and have trickled down to municipalities. Conflict of interest policies are being required in order to receive matching funds from the federal government that the County would receive for projects through state agencies like the Indiana Department of Transportation, he said.
Commissioner President Jeff Good, R-Center, said that he agrees with the ordinance and not just on the merit that it is being required by the federal government.

“I think it’s just good business,” he said.

“I agree,” said Commissioner Laura Shurr Blaney, D-South.

Next, Marcella Kunstek and Josh Weger of the Indiana, Illinois and Iowa Foundation for Fair Contracting (IIIFFC) came to give the Commissioners a presentation on reasons they recommend the County adopt a Responsive Bidder Ordinance, or RBO.

The organization has been in existence for 20 years but not until recently have RDOs become a growing trend, Weger said. IIIFFC has helped 14 counties in Indiana, 25 in Illinois and seven in Iowa. The mission is to increase market share for contractors, increase hours for workers and drive value for taxpayers.

“We are here to help you in any way improve the value of public works construction to your taxpayers and government,” Weger told the Commissioners.

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