AB 461

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. The bill also requires, with limited

exceptions, that a contract for a public works or public improvement project must

contain a provision requiring the contractor to use materials that are manufactured

in the United States. The bill creates a similar provision for local governments.

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 that are

mined, produced, manufactured, fabricated, or assembled to the greatest extent 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 the bill, these public contracts must contain a provision that the

contractor will use materials that are manufactured in the United States in the

performance of the contract.