LRB-2775/1
JTK:eev:jf
2013 - 2014 LEGISLATURE
September 5, 2013 - Introduced by Senator Harsdorf, cosponsored by
Representative Knudson. Referred to Joint Committee on Finance.
SB280,1,2
1An Act relating to: expenditure of $217,499 from the general fund in payment
2of a claim against the state made by J & L Steel and Electrical Services.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $217,499 from the general fund in payment of
a claim against the Department of Administration (DOA) by J & L Steel and
Electrical Services. The claimant installed a visual nurse call system at a skilled
nursing facility located at the Wisconsin Veterans Home at Chippewa Falls in 2011.
The bid specifications called for a Rauland Responder 4000 or approved equal
system. The bid's general conditions required that substitutions be submitted to
DOA for approval at least ten days prior to the bidding deadline but did not require
pre-bidding submission of approved equals to the Rauland system. DOA declined
to approve the system upon which the claimant based its bid. DOA asserts that the
bid specifications require that substitutions to specifications be submitted to the
project engineer at least ten days prior to bidding and the claimant did not comply
with the specifications. The claimant asserts that DOA used a sole-source
procurement process without obtaining the proper approval for its use as required
by law. The claimant claimed $217,499, representing increased bidding costs,
witness fees, and attorney fees incurred resulting from DOA's incorrect
interpretation of the bid specifications. The claims board denied this claim on June
19, 2013 (see Senate Journal, p. 302).
For further information see the state 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:
SB280,1
1Section
1. Claim against the state.
SB280,2,122
(1) There is directed to be expended from the appropriation under section
320.505 (4) (d) of the statutes, as affected by the acts of 2013, $217,499 as payment of
4a claim against the state made by J & L Steel and Electrical Services, Hudson,
5Wisconsin, as reimbursement for work performed on a visual nurse call system in
62011 at a skilled nursing facility for the Wisconsin Veterans Home at Chippewa Falls
7that was installed by the claimant but for which the Division of State Facilities
8declined to approve payment because the system did not conform to the division's
9interpretation of relevant specifications for the facility. Acceptance of this payment
10releases this state and its officers, employees, and agents from any further liability
11resulting from work performed by the claimant on the construction of the skilled
12nursing facility at the Wisconsin Veterans Home at Chippewa Falls.
