State Purchasing of Apparel, Footwear, or Textiles

V.S.A. tit. 29, ch. 49, subch. 2

in effect

29 V.S.A. § 921 Application of subchapter; definitions

921. Application of subchapter; definitions (a) This subchapter applies to competitive bids for sale of apparel, footwear, or textiles pursuant to subchapter 1 of this chapter. (b) As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings: (1) “Commissioner” means the Commissioner of Buildings and General Services. (2) “Independent monitor” means a nonprofit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear, or textiles. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 922 Bids for the sale of apparel, footwear, or textiles

922. Bids for the sale of apparel, footwear, or textiles (a) The Commissioner shall require that a bidder for the sale of apparel, footwear, or textiles provide certification from each supplier that the supplier at the point of assembly of the goods: (1) complies with all applicable wage, health, labor, environmental, and safety laws, legal guarantees of freedom of association, building and fire codes, and laws relating to discrimination in hiring, promotion, and compensation on the basis of race, disability, national origin, gender, sexual orientation, and affiliation with any political, nongovernmental, and civic group except when federal law precludes the State from attaching the procurement conditions provided in this subchapter; and (2) complies with all human and labor rights treaty obligations that are shared by the United States and the country in which the goods are assembled, including obligations with regard to forced labor, indentured labor, slave labor, child labor, involuntary prison labor, physical and sexual abuse, and freedom of association. (b) Prior to the awarding of a contract, a bidder for the sale of apparel, footwear, or textiles shall submit a list of the names and addresses of suppliers at the point of assembly of goods subject to the bid process. (c) If, after complying with the filing requirements of this section, a bidder is awarded a contract, that contractor shall, during the term of the contract, promptly inform the Commissioner of any change in the information furnished to the Commissioner pursuant to this section. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 923 Exception

923. Exception The Commissioner may accept a bid from and award a contract to a supplier who has not met the requirements provided in section 922 of this title if, after reasonable investigation by the Commissioner, it appears that the required unit or item of supply or brand of that unit or item is procurable by the State from only that supplier or under other extraordinary circumstances. The approval of an exception pursuant to this section shall be documented in writing, signed by the Commissioner, and retained as part of the contract file. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 925 Complaints of noncompliance with subchapter; investigations of complaints

925. Complaints of noncompliance with subchapter; investigations of complaints (a) The Commissioner shall initiate an investigation to determine whether a violation of this subchapter has occurred if: (1) The Commissioner has knowledge that a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter. (2) The contractor informs the Commissioner that the contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter. (3) A worker for a contractor or for a supplier at the point of assembly of goods subject to a contract files a written complaint directly with the Commissioner stating that the contractor or supplier, to the best of the worker’s knowledge, is not in compliance with this subchapter. (4) A third party established and based in the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a written complaint, signed and dated under oath before an official authorized by applicable law to administer oaths, stating that, to the best of the third party’s knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter. (5) A third party established and based outside the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a signed and dated written complaint stating that, to the best of the third party’s knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter. (b) After receiving a complaint alleging noncompliance with this subchapter, the Commissioner shall contact in a timely manner, in writing and by certified letter, the contractor that is the subject of the complaint or whose supplier is the subject of the complaint. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 926 Determinations of noncompliance with subchapter

926. Determinations of noncompliance with subchapter (a) In making a determination of whether a violation of this subchapter has occurred, the Commissioner may take into account any factors, information, sources of information, and materials determined reliable and relevant by the Commissioner, as determined on a case-by-case basis. The Commissioner has specific authority and discretion to employ an independent monitor to investigate a complaint. (b) The determination of whether a party subject to a complaint is in compliance with this subchapter is solely that of the Commissioner. (c) After rendering a determination under this section, the Commissioner promptly shall inform the complainant and contractor in writing. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 927 Consequences of noncompliance with subchapter

927. Consequences of noncompliance with subchapter If, in the opinion of the Commissioner, a contractor that has been determined to be not in compliance with this subchapter does not make good-faith efforts to change its practices or use its bargaining position with an offending supplier to change the supplier’s practices, the Commissioner may take appropriate remedial action, including barring the contractor from bidding on future State contracts or terminating the State’s contract with the contractor. Reference to the authority given in this section shall be specifically referenced in State contracts with contractors that are subject to this subchapter. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

29 V.S.A. § 928 Coordination with other jurisdictions

928. Coordination with other jurisdictions The Commissioner shall coordinate with other jurisdictions of the United States of America with those jurisdictions’ efforts to develop an effective strategy to monitor vendor compliance with the requirements of this subchapter or similar requirements of those jurisdictions. Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/29/049Fetched: 10/21/2026