AB708: Bill Text

AB708,1,7 An Act to amend 16.75 (1) (b), 59.07 (134), 59.08 (1), 60.47 (3), 60.77 (6) (a), 61.54 (1) and (2), 61.55, 61.57, 62.15 (1) and (5) and 62.155; and to create 16.754 (2m), 60.47 (2) (c) and 66.291 of the statutes; relating to: requiring cities, villages, towns and counties, under certain circumstances, to purchase goods, supplies or equipment that is manufactured in the United States and requiring that bid solicitations for these items, and for items purchased by the state, require information about the country of manufacture or origin of the items.

Analysis by the Legislative Reference Bureau

Under current law, when this state or any of its agencies makes purchases, with some exceptions and with all other factors being substantially equal, the state or agency is required to purchase goods, supplies or equipment that is manufactured to the greatest extent in the United States. This bill extends this requirement to purchases of goods, supplies or equipment that is made by a city, village, town or county; however, under current law, a city, village, town or county is not required to solicit bids except for certain public works projects. This bill also directs the state and cities, villages, towns and counties to require bidders to supply information concerning the country of manufacture or origin of items to be provided under any bid.

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:

AB708, s. 1 Section 1. 16.75 (1) (b) of the statutes is amended to read:

AB708,2,10 16.75 (1) (b) When the estimated cost exceeds $10,000, due notice inviting bids shall be published as a class 2 notice, under ch. 985, and the bids shall not be opened until at least 7 days from the last day of publication. The official advertisement shall give a clear description of the materials, supplies, equipment or service to be purchased, the amount of the bond, share draft, check or other draft to be submitted as surety with the bid and the date of public opening. The advertisement shall also indicate that bidders are required to provide information concerning the country of manufacture or origin or both of any materials, supplies or equipment to be provided under a bid.

AB708, s. 2 Section 2. 16.754 (2m) of the statutes is created to read:

AB708,2,15 16.754 (2m) Bid information. Each contractor or vendor submitting a bid to supply materials, supplies or equipment to the state shall provide information with its bid concerning the country of manufacture or origin or both of any materials, supplies or equipment to be provided under the bid.

AB708, s. 3 Section 3. 59.07 (134) of the statutes is amended to read:

AB708,2,23 59.07 (134) Acquisition of recycling or resource recovery facilities without bids. Contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under s. 59.08 if the county invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects, except that contracts let under this subsection shall be subject to s. 66.291.

AB708, s. 4 Section 4. 59.08 (1) of the statutes is amended to read:

AB708,3,19 59.08 (1) All public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $20,000 shall be let by contract to the lowest responsible bidder and shall be subject to s. 66.291. Any public work, the estimated cost of which does not exceed $20,000, shall be let as the board may direct and shall be subject to s. 66.291. If the estimated cost of any public work is between $5,000 and $20,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work, subject to s. 66.291, or shall contract, subject to s. 66.291, with a person qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which exceeds $20,000, shall be let and entered into under s. 66.29, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. If bids are solicited for a contract that is to be let under this subsection, the bid notice shall require a prospective contractor to supply the board with information concerning the country of manufacture or origin or both of the materials, as defined in s. 66.291 (1) (c), to which the bid applies. This section does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

AB708, s. 5 Section 5. 60.47 (2) (c) of the statutes is created to read:

AB708,3,24 60.47 (2) (c) If a town solicits bids for a public contract that is to be let under this section, the bid notice shall require a prospective contractor to supply the town board with information concerning the country of manufacture or origin or both of the materials, as defined in s. 66.291 (1) (c), to which the bid applies.

AB708, s. 6 Section 6. 60.47 (3) of the statutes is amended to read:

AB708,4,4 60.47 (3) Contracts to lowest responsible bidder. The town board shall let a public contract for which advertising for proposals is required under sub. (2) (b) to the lowest responsible bidder. Section 66.29 applies Sections 66.29 and 66.291 apply to public contracts let under sub. (2) (b).

AB708, s. 7 Section 7. 60.77 (6) (a) of the statutes is amended to read:

AB708,4,9 60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.29 applies Sections 66.29 and 66.291 apply to contracts let under this paragraph.

AB708, s. 8 Section 8. 61.54 (1) and (2) of the statutes are amended to read:

AB708,4,21 61.54 (1) When village may reject and perform work. Whenever any a village board shall, after notice duly given, have received receives bids for the grading of streets, construction of sewers, laying of pavements, sprinkling and cleaning of streets or for any other public work or improvement, or for the furnishing of materials therefor, and be is of the opinion that such the bids are fraudulent, collusive or greater in amount than the fair reasonable value of the work to be done or materials to be furnished, or if no bids are received, said the village board may, by resolution and by the vote of two-thirds of its members, direct, and determine that the bids so received shall be rejected and that the work to be done, and materials to be furnished shall be performed and furnished by said the village directly, subject to s. 66.291, and under the direction and supervision of the village board.

AB708,5,2 (2) Power of board. Whenever the village board of any a village shall determine determines to carry on any public work or construct any improvement under the provisions of this section, it shall have the power to purchase and secure all necessary and proper tools and equipment with which to perform the same public work or improvement, subject to s. 66.291.

AB708, s. 9 Section 9. 61.55 of the statutes is amended to read:

AB708,5,20 61.55 Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such a village, exceeding $10,000, shall be let by the village board to the lowest responsible bidder in accordance with s. ss. 66.29 and 66.291 insofar as said section those sections may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed, and the contract shall be let subject to s. 66.291. If a village solicits bids for a contract that is to be let under this section, the bid notice shall require a prospective contractor to supply the village board with information concerning the country of manufacture or origin or both of the materials, as defined in s. 66.291 (1) (c), to which the bid applies. This provision section and s. 144.04 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

AB708, s. 10 Section 10. 61.57 of the statutes is amended to read:

AB708,6,3 61.57 Acquisition of recycling or resource recovery facilities without bids. A village may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under ss. 61.54 to 61.56 if the village invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects, except that contracts let under this section shall be subject to s. 66.291.

AB708, s. 11 Section 11. 62.15 (1) and (5) of the statutes are amended to read:

AB708,6,18 62.15 (1) Contracts; how let. All Subject to s. 66.291, all public construction, the estimated cost of which exceeds $10,000, shall be let by contract to the lowest responsible bidder; subject to s. 66.291, all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $10,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed, and the contract shall be let subject to s. 66.291. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city, subject to s. 66.291, without submitting the same contract for bids. If a council solicits bids for a contract that is to be let under this section, the bid notice shall require a prospective contractor to supply the council with information concerning the country of manufacture or origin or both of the materials, as defined in s. 66.291 (1) (c), to which the bid applies.

AB708,7,2 (5) Rejection of bids. The power to reject any and all bids shall exist unless expressly waived. The board of public works may reject any and all bids, if, in their opinion, any combination has been entered into to prevent free competition. The council may, if it be of the opinion that any of the bids are fraudulent, collusive, excessive or against the best interests of the city, by resolution adopted by two-thirds of its members, reject any or all of the bids received and order the work done by the city directly under the supervision of the board of public works and s. ss. 61.54 (2) and (3) and 66.291 shall apply to the performance of such work.

AB708, s. 12 Section 12. 62.155 of the statutes is amended to read:

AB708,7,10 62.155 Acquisition of recycling or resource recovery facilities without bids. A city may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under s. 62.15 if the city invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects, except that contracts let under this section shall be subject to s. 66.291.

AB708, s. 13 Section 13. 66.291 of the statutes is created to read:

AB708,7,13 66.291 Preference for American-made materials. (1) Definitions. In this section:

AB708,7,15 (a) "Manufactured" means mined, produced, manufactured, fabricated or assembled.

AB708,7,19 (b) "Manufactured in the United States" means that materials are manufactured in whole or in substantial part within the United States or that the majority of the component parts of the materials were manufactured in whole or in substantial part in the United States.

AB708,7,21 (c) "Materials" means any goods, supplies, equipment or other tangible products.

AB708,7,22 (d) "Political subdivision" means a city, village, town or county.

AB708,7,23 (e) "Purchase" means acquire by sale or lease.

AB708,8,2 (2) Purchase preference. Notwithstanding ss. 59.08 (1), 60.47 (3), 60.77 (6) (a), 61.55 and 62.15 (1), when all other factors are substantially equal a political subdivision shall purchase materials which are manufactured to the greatest extent in the United States.

AB708,8,10 (3) Exemptions. Subsection (2) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) does not apply if a political subdivision determines that a foreign nation or subdivision of that nation in which a prospective vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) does not apply if a political subdivision or other person having contracting authority with respect to a purchase determines any of the following:

AB708,8,12 (a) That the materials are not manufactured in the United States in sufficient or reasonably available quantities.

AB708,8,15 (b) That the quality of the materials manufactured in the United States is substantially less than the quality of similar available materials manufactured outside of the United States.

AB708,8,19 (4) Bid requirements. If a political subdivision solicits bids for the purchase of materials, the bid notice shall require a prospective vendor to supply the political subdivision with information concerning the country of manufacture or origin or both of the materials to which the bid applies.

AB708, s. 14 Section 14. Initial applicability.

AB708,8,22 (1)  This act first applies to contracts let, purchases made and bids solicited on the first day of the 3rd month beginning after publication.

AB708,8,23 (End)