LRB-3999/1
MES&JTK:skg:ks
1995 - 1996 LEGISLATURE
November 29, 1995 - Introduced by Representatives Freese, Ainsworth, Dobyns,
Olsen, Plache
and Skindrud, cosponsored by Senator Schultz. Referred to
Committee on Urban and Local Affairs.
AB708,1,7 1An Act to amend 16.75 (1) (b), 59.07 (134), 59.08 (1), 60.47 (3), 60.77 (6) (a), 61.54
2(1) and (2), 61.55, 61.57, 62.15 (1) and (5) and 62.155; and to create 16.754 (2m),
360.47 (2) (c) and 66.291 of the statutes; relating to: requiring cities, villages,
4towns and counties, under certain circumstances, to purchase goods, supplies
5or equipment that is manufactured in the United States and requiring that bid
6solicitations for these items, and for items purchased by the state, require
7information 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
1Section 1. 16.75 (1) (b) of the statutes is amended to read:
AB708,2,102 16.75 (1) (b) When the estimated cost exceeds $10,000, due notice inviting bids
3shall be published as a class 2 notice, under ch. 985, and the bids shall not be opened
4until at least 7 days from the last day of publication. The official advertisement shall
5give a clear description of the materials, supplies, equipment or service to be
6purchased, the amount of the bond, share draft, check or other draft to be submitted
7as surety with the bid and the date of public opening. The advertisement shall also
8indicate that bidders are required to provide information concerning the country of
9manufacture or origin or both of any materials, supplies or equipment to be provided
10under a bid.
AB708, s. 2 11Section 2. 16.754 (2m) of the statutes is created to read:
AB708,2,1512 16.754 (2m) Bid information. Each contractor or vendor submitting a bid to
13supply materials, supplies or equipment to the state shall provide information with
14its bid concerning the country of manufacture or origin or both of any materials,
15supplies or equipment to be provided under the bid.
AB708, s. 3 16Section 3. 59.07 (134) of the statutes is amended to read:
AB708,2,2317 59.07 (134) Acquisition of recycling or resource recovery facilities
18without bids.
Contract for the acquisition of any element of a recycling or resource
19recovery facility without submitting the contract for bids as required under s. 59.08
20if the county invites developers to submit proposals to provide a completed project
21and evaluates proposals according to site, cost, design and the developers' experience
22in other similar projects, except that contracts let under this subsection shall be
23subject to s. 66.291
.
AB708, s. 4 24Section 4. 59.08 (1) of the statutes is amended to read:
AB708,3,19
159.08 (1) All public work, including any contract for the construction, repair,
2remodeling or improvement of any public work, building, or furnishing of supplies
3or material of any kind where the estimated cost of such work will exceed $20,000
4shall be let by contract to the lowest responsible bidder and shall be subject to s.
566.291
. Any public work, the estimated cost of which does not exceed $20,000, shall
6be let as the board may direct and shall be subject to s. 66.291. If the estimated cost
7of any public work is between $5,000 and $20,000, the board shall give a class 1 notice
8under ch. 985 before it contracts for the work, subject to s. 66.291, or shall contract,
9subject to s. 66.291,
with a person qualified as a bidder under s. 66.29 (2). A contract,
10the estimated cost of which exceeds $20,000, shall be let and entered into under s.
1166.29, except that the board may by a three-fourths vote of all the members entitled
12to a seat provide that any class of public work or any part thereof may be done directly
13by the county without submitting the same for bids. If bids are solicited for a contract
14that is to be let under this subsection, the bid notice shall require a prospective
15contractor to supply the board with information concerning the country of
16manufacture or origin or both of the materials, as defined in s. 66.291 (1) (c), to which
17the bid applies.
This section does not apply to highway contracts which the county
18highway committee or the county highway commissioner is authorized by law to let
19or make.
AB708, s. 5 20Section 5. 60.47 (2) (c) of the statutes is created to read:
AB708,3,2421 60.47 (2) (c) If a town solicits bids for a public contract that is to be let under
22this section, the bid notice shall require a prospective contractor to supply the town
23board with information concerning the country of manufacture or origin or both of
24the materials, as defined in s. 66.291 (1) (c), to which the bid applies.
AB708, s. 6 25Section 6. 60.47 (3) of the statutes is amended to read:
AB708,4,4
160.47 (3) Contracts to lowest responsible bidder. The town board shall let
2a public contract for which advertising for proposals is required under sub. (2) (b) to
3the lowest responsible bidder. Section 66.29 applies Sections 66.29 and 66.291 apply
4to public contracts let under sub. (2) (b).
AB708, s. 7 5Section 7. 60.77 (6) (a) of the statutes is amended to read:
AB708,4,96 60.77 (6) (a) Let contracts for any work or purchase that involves an
7expenditure of $5,000 or more to the lowest responsible bidder in the manner
8prescribed by the commission. Section 66.29 applies Sections 66.29 and 66.291 apply
9to contracts let under this paragraph.
AB708, s. 8 10Section 8. 61.54 (1) and (2) of the statutes are amended to read:
AB708,4,2111 61.54 (1) When village may reject and perform work. Whenever any a village
12board shall, after notice duly given, have received receives bids for the grading of
13streets, construction of sewers, laying of pavements, sprinkling and cleaning of
14streets or for any other public work or improvement, or for the furnishing of
15materials therefor, and be is of the opinion that such the bids are fraudulent,
16collusive or greater in amount than the fair reasonable value of the work to be done
17or materials to be furnished, or if no bids are received, said the village board may, by
18resolution and by the vote of two-thirds of its members, direct, and determine that
19the bids so received shall be rejected and that the work to be done, and materials to
20be furnished shall be performed and furnished by said the village directly, subject to
21s. 66.291,
and under the direction and supervision of the village board.
AB708,5,2 22(2) Power of board. Whenever the village board of any a village shall
23determine
determines to carry on any public work or construct any improvement
24under the provisions of this section, it shall have the power to purchase and secure

1all necessary and proper tools and equipment with which to perform the same public
2work or improvement, subject to s. 66.291
.
AB708, s. 9 3Section 9. 61.55 of the statutes is amended to read:
AB708,5,20 461.55 Contracts involving over $10,000; how let; exception. All contracts
5for public construction, in any such a village, exceeding $10,000, shall be let by the
6village board to the lowest responsible bidder in accordance with s. ss. 66.29 and
766.291
insofar as said section those sections may be applicable. If the estimated cost
8of any public construction exceeds $5,000, but is not greater than $10,000, the village
9board shall give a class 1 notice, under ch. 985, of the proposed construction before
10the contract for the construction is executed, and the contract shall be let subject to
11s. 66.291. If a village solicits bids for a contract that is to be let under this section,
12the bid notice shall require a prospective contractor to supply the village board with
13information concerning the country of manufacture or origin or both of the materials,
14as defined in s. 66.291 (1) (c), to which the bid applies
. This provision section and s.
15144.04 are not mandatory for the repair and reconstruction of public facilities when
16damage or threatened damage thereto creates an emergency, as determined by
17resolution of the village board, in which the public health or welfare of the village is
18endangered. Whenever the village board by majority vote at a regular or special
19meeting declares that an emergency no longer exists, this exemption no longer
20applies.
AB708, s. 10 21Section 10. 61.57 of the statutes is amended to read:
AB708,6,3 2261.57 Acquisition of recycling or resource recovery facilities without
23bids.
A village may contract for the acquisition of any element of a recycling or
24resource recovery facility without submitting the contract for bids as required under
25ss. 61.54 to 61.56 if the village invites developers to submit proposals to provide a

1completed project and evaluates proposals according to site, cost, design and the
2developers' experience in other similar projects, except that contracts let under this
3section shall be subject to s. 66.291
.
AB708, s. 11 4Section 11. 62.15 (1) and (5) of the statutes are amended to read:
AB708,6,185 62.15 (1) Contracts; how let. All Subject to s. 66.291, all public construction,
6the estimated cost of which exceeds $10,000, shall be let by contract to the lowest
7responsible bidder; subject to s. 66.291, all other public construction shall be let as
8the council may direct. If the estimated cost of any public construction exceeds
9$5,000 but is not greater than $10,000, the board of public works shall give a class
101 notice, under ch. 985, of the proposed construction before the contract for the
11construction is executed, and the contract shall be let subject to s. 66.291. The council
12may also by a vote of three-fourths of all the members-elect provide by ordinance
13that any class of public construction or any part thereof may be done directly by the
14city, subject to s. 66.291, without submitting the same contract for bids. If a council
15solicits bids for a contract that is to be let under this section, the bid notice shall
16require a prospective contractor to supply the council with information concerning
17the country of manufacture or origin or both of the materials, as defined in s. 66.291
18(1) (c), to which the bid applies.
AB708,7,2 19(5) Rejection of bids. The power to reject any and all bids shall exist unless
20expressly waived. The board of public works may reject any and all bids, if, in their
21opinion, any combination has been entered into to prevent free competition. The
22council may, if it be of the opinion that any of the bids are fraudulent, collusive,
23excessive or against the best interests of the city, by resolution adopted by two-thirds
24of its members, reject any or all of the bids received and order the work done by the

1city directly under the supervision of the board of public works and s. ss. 61.54 (2)
2and (3) and 66.291 shall apply to the performance of such work.
AB708, s. 12 3Section 12. 62.155 of the statutes is amended to read:
AB708,7,10 462.155 Acquisition of recycling or resource recovery facilities without
5bids.
A city may contract for the acquisition of any element of a recycling or resource
6recovery facility without submitting the contract for bids as required under s. 62.15
7if the city invites developers to submit proposals to provide a completed project and
8evaluates proposals according to site, cost, design and the developers' experience in
9other similar projects, except that contracts let under this section shall be subject to
10s. 66.291
.
AB708, s. 13 11Section 13. 66.291 of the statutes is created to read:
AB708,7,13 1266.291 Preference for American-made materials. (1) Definitions. In
13this section:
AB708,7,1514 (a) "Manufactured" means mined, produced, manufactured, fabricated or
15assembled.
AB708,7,1916 (b) "Manufactured in the United States" means that materials are
17manufactured in whole or in substantial part within the United States or that the
18majority of the component parts of the materials were manufactured in whole or in
19substantial part in the United States.
AB708,7,2120 (c) "Materials" means any goods, supplies, equipment or other tangible
21products.
AB708,7,2222 (d) "Political subdivision" means a city, village, town or county.
AB708,7,2323 (e) "Purchase" means acquire by sale or lease.
AB708,8,2 24(2) Purchase preference. Notwithstanding ss. 59.08 (1), 60.47 (3), 60.77 (6) (a),
2561.55 and 62.15 (1), when all other factors are substantially equal a political

1subdivision shall purchase materials which are manufactured to the greatest extent
2in the United States.
AB708,8,10 3(3) Exemptions. Subsection (2) does not apply if the materials are purchased
4for the purpose of commercial resale or for the purpose of use in the production of
5goods for commercial sale. Subsection (2) does not apply if a political subdivision
6determines that a foreign nation or subdivision of that nation in which a prospective
7vendor is domiciled does not give preference to vendors domiciled in that nation or
8subdivision in making governmental purchases. Subsection (2) does not apply if a
9political subdivision or other person having contracting authority with respect to a
10purchase determines any of the following:
AB708,8,1211 (a) That the materials are not manufactured in the United States in sufficient
12or reasonably available quantities.
AB708,8,1513 (b) That the quality of the materials manufactured in the United States is
14substantially less than the quality of similar available materials manufactured
15outside of the United States.
AB708,8,19 16(4) Bid requirements. If a political subdivision solicits bids for the purchase
17of materials, the bid notice shall require a prospective vendor to supply the political
18subdivision with information concerning the country of manufacture or origin or
19both of the materials to which the bid applies.
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