IN HB1313

Public agencies cannot require potential bidders to disclose confidential or proprietary information as a condition of being deemed responsive or responsible bidders, though they may obtain information from the lowest responsive bidder regarding experience, employee count, and financial capacity.

Public agencies cannot impose requirements that directly or indirectly restrict bidders to predetermined classes based on prior experience on similar projects, company size, union membership, or other criteria in competitive bid contracts.

Public agencies cannot require, prohibit, or discriminate against bidders based on entering into, refusing to enter into, or adhering to agreements with labor organizations in bid specifications, project agreements, or contract documents.

Public agencies cannot condition grants, tax abatements, or tax credits on requirements that labor organization agreement terms be included in public works project contracts.

Public agencies may exempt projects from these requirements only if they find after public notice and hearing that special circumstances exist to avert imminent threats to public health or safety, but cannot base exemptions on labor disputes or the presence of non-union contractors or employees.