2015 - 2016 LEGISLATURE
May 21, 2015 - Introduced by Senators Hansen,
Lassa, Carpenter, Erpenbach,
Harris Dodd, C. Larson, Ringhand, Risser, Shilling, Vinehout, L. Taylor
and Wirch, cosponsored by Representatives Jorgensen, Kahl,
Barnes, Berceau, Billings, Bowen, Considine, Danou, Doyle, Genrich,
Goyke, Hebl, Hesselbein, Hintz, Johnson, Kessler, Kolste, Mason, Meyers,
Milroy, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Spreitzer,
Stuck, Subeck, C. Taylor, Wachs, Young, Zamarripa and Zepnick. Referred
to Committee on Government Operations and Consumer Protection.
1An Act to renumber and amend
16.754 (3) (intro.) and 2
(a) and 66.0901 (1m) (b); and to create
16.754 (2) (b) and 66.0901 (10) of the 3
statutes; relating to: preference in state and local government contracts and
4procurement for materials manufactured in the United States.
Analysis by the Legislative Reference Bureau
Current law generally authorizes the Department of Administration to
purchase, or delegate the authority to purchase, all necessary materials and
contractual services for all state agencies. With some exceptions, orders or contracts
must be awarded to the lowest bidder. One such exception requires, if all other
factors are substantially equal, the purchasing agent to purchase materials which
are mined, produced, manufactured, fabricated, or assembled (manufactured) to the
greatest extent in the United States. Under this bill, with limited exceptions, the
state must purchase materials that are manufactured to the greatest extent in the
United States, regardless of whether all other factors are substantially equal. This
bill also requires, with limited exceptions, that a contract for a public works or public
improvement project must contain a provision that the contractor will use materials
that are manufactured in the United States.
Generally under current law, if a city, village, town, county, school district,
sewer district, technical college district, or other local unit of government wishes to
let a public contract involving the construction or repair of any public work or
building, or the furnishing of supplies or materials, there are a number of bidding
requirements that apply to such contracts. For example, if the value of the contract
is above a certain amount, or between certain amounts, certain local units of
government must publish a notice in the newspaper before it contracts for the work.
This bill adds another requirement to public contracts entered into by local units of
government. Under this bill, such a public contract must contain a provision that the
contractor will use materials that are manufactured in the United States in the
performance of the contract.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
16.754 (2) of the statutes is renumbered 16.754 (2) (a) and amended 2
(a) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all
4other factors are substantially equal making purchases,
the state shall purchase 5
materials which are manufactured to the greatest extent in the United States.
16.754 (2) (b) of the statutes is created to read:
(b) Any contract entered into by the state for the construction, repair, 8
or modification of a public works or public improvement project must contain a 9
provision that the contractor will use materials that are manufactured in the United 10
States in the performance of the contract.
16.754 (3) (intro.) and (a) of the statutes are amended to read:
16.754 (3) Exemptions.
(intro.) Subsection (2) (a)
does not apply if the 13
materials are purchased for the purpose of commercial resale or for the purpose of 14
use in the production of goods for commercial sale. Subsection (2) does not apply to 15
the purchase of stationery and printing materials. Subsection (2) does not apply if
16the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
17subdivision thereof in which the vendor is domiciled does not give preference to
18vendors domiciled in that nation or subdivision in making governmental purchases.
Subsection (2) does not apply if the department or other person having contracting 2
authority in respect to the purchase determines that
any of the following
(a) The materials are not manufactured in the United States in sufficient or 4
reasonably available quantities; or.
66.0901 (1m) (b) of the statutes is amended to read:
(b) Except when necessary to secure federal aid and except as
7provided in sub. (10)
, a political subdivision may not use a bidding method that gives 8
preference based on the geographic location of the bidder or that uses criteria other 9
than the lowest responsible bidder in awarding a contract.
66.0901 (10) of the statutes is created to read:
66.0901 (10) Materials manufactured in the united states.
Any public 12
contract entered into by a municipality must contain a provision that the contractor 13
will use materials that are manufactured in the United States in the performance 14
of the contract.
(1) This act first applies to contracts entered into in the fiscal year that begins 17
in the year after this subsection takes effect.