Federal and state laws cover both workers and contractors and protect the fair bidding environment in the construction industry. Below are links that can answer your questions about specific laws governing your right to information about any federal and state government bidding policy. We encourage both contractors and workers to avail themselves of these laws.
(40 U.S.C. 3141-3148. (Federal)) The Davis-Bacon Act directs the U.S. Department of Labor to determine prevailing wages, issue regulations, and standards for federal agencies that award or fund projects subject to Davis-Bacon labor standards.
(5 U.S.C. 552 (Federal)) This broad federal statute requires federal agencies to make government documents available to the public. It contains some exceptions to the disclosure requirements for certain kinds of confidential information.
(29 CFR 3 (Federal)) The Copeland Anti-Kickback Act makes it punishable by a fine up to $5,000 and/or by imprisonment up to five years to induce any person working on a federally funded or assisted construction project to give up any part of the compensation to which they are entitled under the Davis-Bacon Act or any other related Acts.
(820 ILCS 130/1 et seq.) The Illinois Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers and mechanics employed on public works construction projects no less than the general prevailing wage rates for work performed in a county. These rates consist of hourly cash wages plus fringe benefits to the employee.
(820 ILCS 130/11b) This Act explains that the discharge or discipline of “whistle blowers” is prohibited. The Act states that no person shall discharge, discipline, or in any other way discriminate against, or cause to be discharged, disciplined, or discriminated against, any employee or any authorized representative of employees by reason of the fact that the employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this Act, or offers any evidence of any violation of this Act. This law applies to Illinois, specifically.
(5 ILCS 140/) The Illinois Freedom of Information Act (FOIA) is intended to open the government to all citizens by guaranteeing access to governmental records in their maintained form. These documents provide Illinois residents, employees, and contractors with a more open and accountable government.
(30 ILCS 500/) The Illinois Procurement Code governs all state procurement for state agencies and public universities, including competitive bidding and responsible bidding standards.
(820 ILCS 185/) The Employee Classification Act is intended to address the practice of misclassifying employees as independent contractors in the construction industry in Illinois.
(820 ILCS 265/) The Substance Abuse Prevention on Public Works Projects Act aims to protect workers and prevent substance abuse by workers on public works projects. This law applies to Illinois, specifically.
(770 ILCS 60/) The Mechanics Lien Act states any person who shall by any contract or contracts improve a lot or tract of land has a lien upon the whole of such lot or tract of land for the amount due to him or her for the material, fixtures, apparatus, machinery, services, or labor, and interest at the rate of 10% per annum from the date the same is due. In 2007, the legislature amended the Act to allow rental shops lien rights for the fair market rental amount due from contractors. This law applies to Illinois, specifically.
(IC 5-14-3) Indiana’s Access to Public Records Act is the public policy of the State of Indiana that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.
(IC 4-13-18) The Drug Testing of Employees of Public Works Contractors Law requires contractors to submit a written employee drug testing program with bids on certain public works projects in Indiana. The drug testing program must satisfy certain requirements set forth in the law.
(IC 5-16-1) The Public Works by State Agencies Chapter to the Indiana Code applies to the construction, alteration, or repair of a public building or other public work or improvement owned by the state. The provisions of this chapter concerning the adoption of plans and specifications and the awarding of contracts also apply to work or improvements to be performed on real property that is being or that will be leased by the state from another person if:
(1) the estimated cost of the work or improvement is twenty-five thousand dollars ($25,000) or more; and
(2) the lease gives the state an option to buy the real property.
Please check your municipalities/village site for guidance on competitive bidding in your area.
(IC 8-23-9) The State Highway Contracts Chapter to the Indiana Code includes the statewide competitive bidding requirements to highway contracts. The law states the commissioner shall let the contract for the construction, improvement, or maintenance of the [project] to the lowest and best bidder.
Please check your municipalities/village site for guidance on competitive bidding in your area.
(Iowa Code § 22 (2022)) Iowa’s Examination of Public Records Law states that every citizen has the right to examine and copy public records, including information stored or preserved by a state agency, unless law specifically prohibits its disclosure. This law applies to Iowa, specifically.
(IA Code §26.1 (2016)) Chapter 26: Public Construction Bidding, also known as the “Iowa Construction Bidding Procedures Act,” states all of the competitive bidding requirements for contractors bidding on public projects in the state.