Local fiscal effect
There is no fiscal effect on local units of government.
Private entities fiscal effect
It is unknown at this time as to whether or not there would be any on-going costs to the contractors or bidders as the final decisions on method of transmittal of the bids have not been made.
Text of Proposed Rule
SECTION 1. Adm 21.02 (7), (8) and (9) are renumbered to Adm 21.02 (8), (9) and (10).
SECTION 2. Adm 21.02 (7) is created to read:
(7) “Department" means the Wisconsin department of administration.
SECTION 3. Adm 21.03 (2) is amended to read:
(2) The department
of administration shall advertise for proposals by publication of a class 1 notice under ch.
985, Stats., in the official state newspaper
. or by official department website. The notice shall be published a minimum of 30 days prior to bid opening, unless the department
of administration indicates in writing that the bidding period will be for a lesser period of time.
SECTION 4. Adm 21.04 (1) is amended to read:
(1) The department of administration may issue addenda during the bidding period to correct, alter, or to provide clarification for the project being bid or to extend the bidding period. No oral correction, alteration or clarification of said documents shall be considered valid.
SECTION 5. Adm 21.05 is repealed and recreated to read:
Adm 21.05 Submittal and receipt of bids. (1) All bids shall be submitted electronically or in sealed envelopes.
(a) Electronic bids received by the department shall be submitted via a secured, authorized electronic transfer that provides for time and date verification as well as proper security in the transfer of data and information. Bids shall conform to project specification bid forms and include all information required by the specification as well as this section. The bidder shall submit all supporting and original documentation requested by the department within 3 calendar days of the request.
(b) Sealed envelope bids shall be enclosed in distinctly marked special envelopes provided by the department. Should the bidder not possess the special envelope provided by the department, the bidder shall place the following information on the face of the outermost envelope containing the bidder's proposal:
1. This envelope contains a sealed bid.
2. Project name.
3. Project number.
4. Location of project.
5. Division(s) of work being bid.
6. Bid date.
7. Name and address of bidder.
(2) The bidder is responsible for the bid described in (a) or (b) being delivered to the place designated in the published advertisement for proposals, on or before the date and time specified.
(3) All bids received by the department shall be stamped electronically or upon the face of the envelope indicating the date and time the bid was received.
(4) Bids received by the department after the date and time designated in the advertisement for proposal shall be returned to the bidder unopened.
(5) The department shall determine bids that conform with this section in the best interests of the state.
SECTION 6. Adm 21.06 (1) (b) is amended to read:
(b) Personal appearance of the bidder or the bidder's authorized representative, whereby the identity and authority of the person may be ascertained by the department of administration. After authority and identity is established, the individual shall be required to sign a receipt for the withdrawn bid.
SECTION 7. Adm 21.07 (1) is amended to read:
(1) A representative of the department of administration shall preside at the bid opening as the bidding officer. At the date and time for bid opening, the bidding officer shall announce the following to those in attendance:
SECTION 8. Adm 21.07 (1) (b) 2. is repealed.
SECTION 9. Adm 21.07 (3) (c) and (d) are amended to read:
(c) The written word price quotation for the base bid and alternate bid(s).
(d) If offered, the written word price quotation of a combined bid and identification of the base bids which constitute the work proposed under the combined bid submitted.
SECTION 10. Adm 21.08 (1) is amended to read:
(1) The department of administration shall reject any bid which evidences any of the following conditions:
SECTION 11. Adm 21.08 (2) is amended to read:
(2) The department of administration may reject any bid if the included documents have any of the following informalities, unless such informalities are waived by the department of administration and corrected by the bidder within 3 working days from the date and time of bidder notification:
SECTION 12. Adm 21.08 (3) is amended to read:
(3) The department of administration may reject all low bids constituting the total lowest construction cost when such amount exceeds the authorized funds available.
SECTION 13. Adm 21.08 (4) is amended to read:
(4) The department of administration reserves the right to reject any of all bids, if in the opinion of the department of administration the best interest of the state will be served.
SECTION 14. Adm 21.08 (7) is amended to read:
(7) The department of administration, with the approval of the attorney general, may settle or dispose of cases or issues arising out of errors, omissions, or mistakes contained in a bid which result in the bidder giving written notice of the bidder's intent not to execute the contract. However, if no such settlement is obtained, the bidder proves in circuit court for Dane county that in making the mistake, error or omission the bidder was free from negligence.
SECTION 15. Adm 21.09 (1) is amended to read:
(1) The department of administration will award contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project and such amount does not exceed the available funds authorized for the project. Final determination as to which bidders are the lowest qualified responsible bidders is vested with the department of administration.
SECTION 16. Adm 21.09 (2) is amended to read:
(2) In cases where the bidding documents provide a formula for evaluation analysis in conjunction with the base bid or alternate bid(s), the department
of administration will award to the lowest qualified responsible bidder(s) whose bid(s) produce the lowest bid when combined with the dollar value derived from the formula for converting evaluation factors. (see s.
Adm 21.02(7)(a).)
SECTION 17. Adm 21.09 (4) is amended to read:
(4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department of administration may negotiate deductive changes in the lowest qualified bid for each contract to bring the bids within funding limits.
SECTION 18. Adm 21.09 (5) is amended to read:
(5) The department
of administration may consider any unsolicited material accompanying the bid of the lowest qualified responsible bidder only after contracts have been awarded on the basis of the information contained in the bid form. Such consideration may be given to unsolicited material only if it is in the best interest of the state to do so, and does not warrant rejection due to any of the conditions stated in s.
Adm 21.08 (1) (e).
SECTION 19. Adm 21.09 (6) is amended to read:
(6) Award of a contract will not be finalized until the required performance payment bond and certificate of insurance have been received and approved by the department of administration.
This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s.
227.22 (2) (intro.), Stats.
Notice of Proposed Rules
Government Accountability Board
(Formerly Elections Board)
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting ss.
7.15 (1m), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Government Accountability Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, May 15, 2008, the Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule. The rule creates ch.
GAB 12, relating to the certification and training of municipal clerks.
Submission of Written Comments
Comments can be submitted to the Government Accountability Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
Contact Person
George A. Dunst
Staff Counsel, Government Accountability Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone: (608) 266-0136
Analysis Prepared by the Government Accountability Board
Statutory authority
Statute interpreted
Explanation of agency authority
Under s.
7.15 (1m), Stats., “Each municipal clerk shall, at least once every 2 years, attend a training program sponsored by the board under ss.
7.31 and
7.315" and under s.
7.315 (3), “The board shall, by rule, prescribe requirements for, and the content of, training required of municipal clerks under s.
7.15 (1m). The board may provide such training directly or arrange for such training to be provided by other organizations. The rules shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training." To comply with these statutory requirements, the Board has adopted Chapter
GAB 12, relating to the certification and training of municipal clerks.
Related statute(s) or rule(s)
Section
7.31, Stats. - Training and certification of chief inspectors.
Plain language analysis
The proposed rule provides the requirements that, and the method by which, municipal clerks receive elections training and certification.
Comparison with federal regulations
Federal law does not regulate the training of municipal clerks. Although federal law does not have a comparable provision for the training of municipal clerks, federal law - the Help America Vote Act of 2002 or “HAVA," (Public Law 107-252, Oct. 29, 2002) – has mandated the training of election officials and poll workers in each of the 50 states. Under HAVA, each state receiving federal funds to improve the administration of elections in the state has to develop a plan that includes “programs for election official education and training, and poll worker training which will assist the state in meeting the requirements of Title III" (of the Act). The State of Wisconsin has developed and is implementing such a plan for poll workers and now is implementing a plan for the training of municipal clerks because municipal clerks also act as election officials.
Comparison with rules in adjacent states
Illinois, Iowa, Michigan and Minnesota all statutorily require that persons who conduct elections shall receive election training.
Minnesota's administrative rule, Chapter 8240, requires all persons conducting elections, including local election officials, to complete a training program and to maintain a current elections training certification.
Neither Illinois nor Michigan has an administrative rule governing the election training of clerks or election officials other than election judges (inspectors/pollworkers).
Iowa's Administrative Code provides that “all precinct election officials and any other persons who will be employed in or around the polling places on election day and “At least two precinct election officials who will serve on each precinct election board at the forthcoming election shall attend an election training course not later than the day before each primary and general election." The training is conducted by the County Commissioner of Elections and applies to those persons who actually conduct elections and does not apply to municipal clerks who do not have an elections supervisory function.
Summary of factual data and analytical methodologies
