Wisconsin agencies would need written certifications before contracting, with an exception only when the Department of Administration approves under strict conditions.
State agencies could not contract with certain businesses tied to listed foreign adversaries. Contractors would have to certify their status and make every effort to keep covered goods and services out of the contract.
The Department of Administration could approve an otherwise barred contract only when the state cannot reasonably get the goods or services elsewhere and the harm of refusing outweighs the public interest in the ban.
Anyone could file a complaint, and the department would investigate. A person found to have violated the rules could owe a large forfeiture and lose eligibility for state contracts for five years.
State agencies could not contract with a prohibited business entity. Covered businesses include certain entities based in or controlled by listed foreign adversaries, their subsidiaries, and businesses that sell those entities’ final products to a state agency. Before a contract is valid or enforceable, the contractor must certify in writing that it is not prohibited and has made every effort to ensure the goods or services do not come from a prohibited entity. If a contractor later becomes prohibited, it must promptly notify the agency in writing. The agency may end the contract and seek legal remedies.
The Department of Administration could approve an otherwise prohibited contract. The exception applies to a contract with a state agency that would otherwise be prohibited. The state agency must not be able to obtain the goods or services through other reasonable means. The harm to the state from not making the contract must outweigh the public interest served by the prohibition. The Department of Administration must approve the contract.
The Department of Administration would investigate complaints and determine violations; violators would face forfeitures and a five-year state contracting ban. The forfeiture and contracting ban apply to a person the department determines violated the contracting rules. Anyone may file a complaint on a form set by the department, and the department must investigate each complaint. A person found to have violated the rules would owe the greatest of $250,000, twice the value of the contract bid or proposal, or the total financial losses any state suffered because of the violation. The attorney general may bring a court action to enforce the section. The five-year contracting ban would run from the department’s determination that a violation occurred.
No hearings or votes scheduled.