Section 408.871 – Short Title.

408.871 Short title. Sec. 1. This act shall be known and may be cited as the “fair and open competition in governmental construction act”. History: 2011, Act 98, Imd. Eff. July 19, 2011

Section 408.872 – Intent of Legislature; Purpose.

408.872 Intent of legislature; purpose. Sec. 2. The legislature intends this act to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction-related goods and services by this state and political subdivisions of this state as market participants, and providing for fair and open competition best effectuates this intent. History: Add. 2012, Act 238, […]

Section 408.873 – Definitions.

408.873 Definitions. Sec. 3. As used in this act: (a) “Facility” means any actual physical improvement to real property owned, or leased, directly or through a building authority, by a governmental unit, including, but not limited to, roads; bridges; runways; rails; or a building or structure along with the building’s or structure’s grounds, approaches, services, […]

Section 408.875 – Contract for Construction, Repair, Remodeling, or Demolition of Facility; Prohibitions Concerning Bid Specifications, Project Agreements, or Other Controlling Documents.

408.875 Contract for construction, repair, remodeling, or demolition of facility; prohibitions concerning bid specifications, project agreements, or other controlling documents. Sec. 5. Subject to section 8, a governmental unit awarding a contract on or after the effective date of the amendatory act that added section 2 for the construction, repair, remodeling, or demolition of a […]

Section 408.877 – Grant, Tax Abatement, or Tax Credit; Prohibitions.

408.877 Grant, tax abatement, or tax credit; prohibitions. Sec. 7. Subject to section 8, a governmental unit shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in section 5(a) or (b) in a contract document for any construction, improvement, maintenance, or […]

Section 408.878 – Agreement With Labor Organization.

408.878 Agreement with labor organization. Sec. 8. (1) This act does not prohibit a governmental unit from awarding a contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or […]

Section 408.879 – Exemption of Project, Contract, Subcontract, Grant, Tax Abatement, or Tax Credit From Certain Requirements; Special Circumstances.

408.879 Exemption of project, contract, subcontract, grant, tax abatement, or tax credit from certain requirements; special circumstances. Sec. 9. The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions of section 5 or 7 if the […]

Section 408.881 – Requirements; Exceptions.

408.881 Requirements; exceptions. Sec. 11. The requirements of this act do not do either of the following: (a) Affect any provision in 1965 PA 166, MCL 408.551 to 408.558. (b) Apply to construction contracts executed before the effective date of this act. History: 2011, Act 98, Imd. Eff. July 19, 2011

Section 408.883 – Effect of Act on Activities Protected by Federal Law.

408.883 Effect of act on activities protected by federal law. Sec. 13. This act does not do either of the following: (a) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the national labor relations act, 29 USC 151 to 169. (b) Interfere with labor relations of […]