State management: purchasing; procedures to limit foreign influence in state contracting; establish. Amends secs. 113, 114, 241, 241c & 261 of 1984 PA 431 (MCL 18.1113 et seq.) & adds sec. 272.
Impact
If enacted, the bill will impact state contracting practices significantly by prohibiting state agencies from contracting with vendors that do not provide assurances against foreign partnerships. These requirements aim to minimize the risks associated with using technology and services identified as posing a risk to state security. Additionally, vendors will be required to submit affidavits confirming they are not part of controlled entities, thereby enhancing accountability in state procurement.
Summary
House Bill 4236 seeks to amend the Michigan Management and Budget Act, focusing on enhancing the state's procurement procedures to guard against foreign influence. The bill stipulates that state agencies cannot enter into contracts that allow the contractor to engage with entities owned or controlled by countries designated as security concerns. This change reflects an increasing federal and state emphasis on ensuring that critical infrastructure and sensitive data remain secure from foreign exploitation.
Contention
Notably, discussions surrounding HB 4236 raise concerns regarding the implications of significantly restricting who can contract with the state. Critics argue it could limit competition and hinder procurement processes, as many potential vendors, particularly small and medium-sized enterprises, might find compliance burdensome. Supporters assert that these measures are essential for safeguarding state interests and addressing emerging technological threats, particularly those posed by adversarial nations.
State management: purchasing; procedures to limit foreign influence in state contracting; establish. Amends secs. 113, 114, 241, 241c & 261 of 1984 PA 431 (MCL 18.1113 et seq.) & adds sec. 272.
State management: purchasing; state procurement of solar panels made with forced labor or oppressive child labor; prohibit. Amends secs. 114, 115, 241c, 261, 305 & 404 of 1984 PA 431 (MCL 18.1114 et seq.) & adds sec. 261g. TIE BAR WITH: HB 5325'23
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State management: purchasing; awarding contracts to entities that economically boycott certain businesses; prohibit. Amends secs. 241c & 261 of 1984 PA 431 (MCL 18.1241c & 18.1261).
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State management: purchasing; awarding state contracts to persons that use hiring practices based on anything other than the merit of prospective employees; prohibit. Amends secs. 115, 241, 261, 305 & 404 of 1984 PA 431 (MCL 18.1115 et seq.).
State management: purchasing; award of state contracts to persons that do not possess fair paycheck workplace certificate; prohibit. Amends secs. 241 & 261 of 1984 PA 431 (MCL 18.1241 & 18.1261).
State management: purchasing; requirement for state contract preference to be awarded to Michigan-based companies; modify. Amends sec. 261 of 1984 PA 431 (MCL 18.1261). TIE BAR WITH: SB 0316'23
State management: purchasing; procedures to limit foreign influence in state contracting; establish. Amends secs. 113, 114, 241, 241c & 261 of 1984 PA 431 (MCL 18.1113 et seq.) & adds sec. 272.