SB 1139

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.

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 contain a provision requiring the contractor to 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.

The 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.