AB150-ASA1-AA26,9,139
16.42
(1) (intro.) All agencies, other than the legislature and the courts, no later
10than September 15 of each even-numbered year, in the form and content prescribed
11by the department
subject to the requirements of sub. (3), shall prepare and forward
12to the department and to the legislative fiscal bureau the following program and
13financial information:
AB150-ASA1-AA26,9,1515
16.42
(3) (a) In this subsection:
AB150-ASA1-AA26,9,1616
1. "Agency" has the meaning given in s. 16.52 (7).
AB150-ASA1-AA26,9,1917
2. "Zero-based budgeting" means compilation of a budget in which each
18component is justified on the basis of cost, need and relation to the statutory
19responsibilities of the agency for which the budget is made.
AB150-ASA1-AA26,9,2420
(b) For the period consisting of the fiscal biennia from 1997-99 to 2005-07, the
21department shall require each agency to submit one budget request prepared using
22the principles of zero-based budgeting for each of its activities, units and programs.
23Insofar as practicable, the department shall require 20% of the agencies to submit
24a budget request under this subsection for each fiscal biennium during this period.".
AB150-ASA1-AA26,10,85
16.705
(1) The department or its agents may contract for services which can
6be performed more economically or efficiently by such contract.
The department or
7its agents shall contract for contractual services whenever the competitive
8enterprise review board directs under s. 16.706 (7).
AB150-ASA1-AA26,11,210
16.705
(2) The department shall promulgate rules for the procurement of
11contractual services, including but not limited to the approval and monitoring
12processes for contractual service contracts.
Each
Except as otherwise provided in
13this subsection, each officer requesting approval to engage any person to perform
14contractual services shall submit to the department written justification for such
15contracting which shall include a description of the contractual services to be
16procured, justification of need, justification for not contracting with other agencies,
17a specific description of the scope of contractual services to be performed, and
18justification for the procurement process if a process other than competitive bidding
19is to be used.
If the competitive enterprise review board requires the solicitation of
20bids or competitive sealed proposals for contractual services under s. 16.706 (4), the
21responsible officer shall submit to the department the information required under
22this subsection and information concerning alternatives to procurement of
23contractual services, but need not provide justification for such procurement. The
24department may not approve any contract for contractual services unless it is
1satisfied that the justification for contracting conforms to the requirements of this
2section and ss. 16.71 to 16.77.
AB150-ASA1-AA26,11,84
16.705
(3) (intro.) Contracts for contractual services
, other than contracts
5awarded under s. 16.706 (7), shall be submitted by the department for the review and
6approval of the secretary of employment relations prior to award, under conditions
7established by rule of the department. The secretary of employment relations shall
8review such contracts in order to ensure that agencies:
AB150-ASA1-AA26,11,1810
16.705
(5) The department shall promulgate rules to assure that the process
11used for selection of persons to perform contractual services includes a review of the
12independence and relationship, if any, of the contractor to employes of the agency,
13disclosure of any former employment of the contractor or employes of the contractor
14with the agency and a procedure to minimize the likelihood of selection of a
15contractor who provides or is likely to provide services to industries, client groups or
16individuals who are the object of state regulation or the recipients of state funding
17to a degree that the contractor's independence would be compromised.
Such rules
18do not apply to contracts awarded under s. 16.706 (7).
AB150-ASA1-AA26,11,21
2016.706 Competitive enterprise review board. (1) In this section "board"
21means the competitive enterprise review board.
AB150-ASA1-AA26,12,7
22(2) Any person who believes that the person can provide any materials,
23supplies, equipment or contractual services to an executive branch agency, but more
24economically, efficiently or effectively than the materials, supplies, equipment or
25services are currently provided or more economically, efficiently or effectively than
1the agency provides the materials, supplies, equipment or comparable
2noncontractual services to itself, may file an application with the board proposing to
3provide the materials, supplies, equipment or contractual services to the agency. The
4application shall specify each executive branch agency to which it applies, and shall
5contain a description of the materials, supplies, equipment or contractual services
6to which it applies and a description of the materials, supplies, equipment or
7contractual services that the applicant is capable of providing.
AB150-ASA1-AA26,12,9
8(3) The department shall assist the board in the performance of its functions.
9Upon receipt of an application by the board under sub. (2), the department shall:
AB150-ASA1-AA26,12,1310
(a) Evaluate the proposal contained in the application to determine whether
11the proposal is feasible and whether it would result in delivery of materials, supplies,
12equipment or services to any affected executive branch agency in a more economical,
13efficient or effective manner.
AB150-ASA1-AA26,12,1414
(b) Submit its evaluation, together with a recommendation, to the board.
AB150-ASA1-AA26,13,2
15(4) The board shall review each proposal filed under sub. (2) together with the
16evaluation and recommendation submitted under sub. (3) and shall determine
17whether the proposal is feasible and would, if implemented, result in the delivery of
18materials, supplies, equipment or services by any executive branch agency in a more
19economical, efficient or effective manner. If the board finds that the proposal, if
20implemented, would achieve at least one of these objectives, the board may direct the
21department to solicit bids or competitive sealed proposals to provide the materials,
22supplies, equipment or contractual services specified in the proposal. If the
23department delegates the responsibility to solicit such bids or proposals to an
24affected executive branch agency under s. 16.71 (1), the department shall ensure that
25the agency complies with the directive of the board under this subsection. This
1subsection does not apply to commodities, materials, supplies, equipment or services
2purchased under s. 16.75 (3t), 16.752 (12) (a) or 16.78 (1).
AB150-ASA1-AA26,13,6
3(5) Any executive branch agency that is authorized to provide any materials,
4supplies, equipment or contractual services to another executive branch agency
5consistent with its program responsibilities may submit a bid or competitive sealed
6proposal whenever such bids or proposals are solicited under sub. (4).
AB150-ASA1-AA26,13,9
7(6) The board shall, by rule, specify time periods for solicitations of bids or
8competitive sealed proposals under sub. (4) and for the submission of bids or
9competitive sealed proposals in response to the solicitations.
AB150-ASA1-AA26,13,23
10(7) Whenever the board directs the solicitation of bids or competitive sealed
11proposals under sub. (4), the department shall, before accepting or rejecting any bid
12or proposal, refer the question of acceptance of a bid or proposal to the board for its
13review. The board may thereafter determine that any bid or competitive sealed
14proposal is the best and most reasonable bid or proposal and may direct the
15department to accept that bid or proposal. Except with respect to purchases of
16printing or stationery, the bid or competitive sealed proposal selected by the board
17need not be the lowest cost bid or proposal. Consistently with specifications in the
18solicitation, the board may direct the department to include specified terms and
19conditions in any contract or order resulting from a bid or competitive sealed
20proposal selected by the board. If the department delegates responsibility to solicit
21bids or competitive sealed proposals to an executive branch agency under s. 16.71 (1),
22the department shall ensure that the agency complies with the directives of the board
23under this subsection.
AB150-ASA1-AA26,13,24
24(8) The board may, with respect to its responsibilities under this section:
AB150-ASA1-AA26,13,2525
(a) Hold public hearings and conduct studies.
AB150-ASA1-AA26,14,1
1(b) Consult with private commercial sources.
AB150-ASA1-AA26,14,42
(c) Require any executive branch agency to provide a cost estimate or conduct
3a management study regarding any materials, supplies, equipment or services
4provided by the agency.
AB150-ASA1-AA26,14,65
(d) Prescribe cost accounting standards for executive branch agencies in their
6preparation of cost estimates under par. (c).
AB150-ASA1-AA26,14,97
(e) Prescribe, in consultation with the department or any other affected
8executive branch agency, specifications and procedures to which the department or
9other agency shall conform when soliciting bids or competitive sealed proposals.
AB150-ASA1-AA26,14,2111
16.71
(1) Except as authorized in s. 16.74, the department shall purchase and
12may delegate to special designated agents the authority to purchase all necessary
13materials, supplies, equipment, all other permanent personal property and
14miscellaneous capital, and contractual services and all other expense of a
15consumable nature for all agencies. In making any delegation, the department shall
16require the agent to adhere to all requirements imposed upon the department in
17making purchases under this subchapter.
Any purchase or delegation of the
18responsibility for purchasing is subject to directives issued by the competitive
19enterprise review board under s. 16.706. All materials, services and other things and
20expense furnished to any agency and interest paid under s. 16.528 shall be charged
21to the proper appropriation of the agency to which furnished.
AB150-ASA1-AA26,15,323
16.71
(2) The Except as otherwise directed under s. 16.706 (7), the department
24of administration shall delegate authority to make all purchases for prison
25industries to the department of corrections. This delegation may be withdrawn by
1the department of administration only with the consent of, and in accordance with
2the terms specified by, the joint committee on finance, for failure to comply with
3applicable purchasing rules, procedures or statutory requirements.".
AB150-ASA1-AA26,15,156
16.72
(2) (a)
The Unless otherwise directed under s. 16.706 (8) (e), the 7department of administration shall prepare standard specifications, as far as
8possible, for all state purchases. By "standard specifications" is meant a
9specification, either chemical or physical or both, prepared to describe in detail the
10article which the state desires to purchase, and trade names shall not be used. On
11the formulation, adoption and modification of any standard specifications, the
12department of administration shall also seek and be accorded without cost, the
13assistance, advice and cooperation of other agencies and officers. Each specification
14adopted for any commodity shall, insofar as possible, satisfy the requirements of any
15and all agencies which use it in common.
AB150-ASA1-AA26,16,217
16.72
(2) (b) Except as
provided in s.
otherwise required under ss. 16.706 (8)
18(e) and 565.25 (2) (a) 4., the department shall prepare or review specifications for all
19materials, supplies, equipment, other permanent personal property and contractual
20services not purchased under standard specifications. Such "nonstandard
21specifications" may be generic or performance specifications, or both, prepared to
22describe in detail the article which the state desires to purchase either by its physical
23properties or programmatic utility. When appropriate for such nonstandard items
24or services, trade names may be used to identify what the state requires, but
1wherever possible 2 or more trade names shall be designated and the trade name of
2any Wisconsin producer, distributor or supplier shall appear first.
AB150-ASA1-AA26,16,74
16.72
(2) (c)
To Unless otherwise directed under s. 16.706 (8) (e) the department
5shall, to the extent possible,
the department shall write specifications so as to permit
6the purchase of materials manufactured in the United States, as defined in s. 16.754
7(1).
AB150-ASA1-AA26,16,139
16.72
(2) (d)
To the extent possible
Unless otherwise directed under s. 16.706
10(8) (e), the department and any other designated purchasing agent under s. 16.71 (1)
11shall
, to the extent possible, write specifications for the purchase of materials,
12supplies, commodities, equipment and contractual services so as to permit their
13purchase from prison industries, as created under s. 303.01 (1).".
AB150-ASA1-AA26,17,9
116.75
(1) (a) 3.
Bids Except as provided in s. 16.706 (8) (e), bids may be received
2only in accordance with such specifications as are adopted by the department as
3provided in this subsection. Any or all bids may be rejected. Each bid, with the name
4of the bidder, shall be entered on a record, and each record with the successful bid
5indicated shall, after the award or letting of the contract, be opened to public
6inspection. Where a low bid is rejected, a complete written record shall be compiled
7and filed, giving the reason in full for such action. Any waiver of sealed, advertised
8bids as provided in sub. (2m) or (6) shall be entered on a record kept by the
9department and open to public inspection.".
AB150-ASA1-AA26,17,2214
16.75
(2) (a)
When Unless otherwise directed under s. 16.706 (7), whenever the
15department
of administration believes that it is to the best interests of the state to
16purchase certain patented or proprietary articles, other than printing and
17stationery, it may purchase said articles without the usual statutory procedure. All
18equipment shall be purchased from the lowest and best bidder as determined by the
19bids and a comparison of the detailed specifications submitted with the bids, and
20after due advertisement as herein before provided. Where the low bid or bids are
21rejected, a complete written record shall be compiled and filed, giving the reasons in
22full for such action.
AB150-ASA1-AA26,18,4
116.75
(2g) (a)
The Unless otherwise directed under s. 16.706 (4), the purchasing
2authority under s. 16.71 (2) may make purchases for products of and goods for resale
3by prison industries, other than purchases of printing or stationery, without inviting
4bids and without accepting the lowest responsible bid.".
AB150-ASA1-AA26,18,87
16.75
(8) (b) Paragraph (a) does not apply to purchases which the department
8is directed to make under s. 16.706 (7).".
AB150-ASA1-AA26,18,1513
16.752
(7) (a) 1. A legible copy of the articles of incorporation of the organization
14showing the date of filing
and with the
seal of the secretary of state department of
15financial institutions.".
AB150-ASA1-AA26,19,218
16.75
(10) An agency that has building, fleet or energy management
19responsibilities shall, to the extent cost-effective and technically feasible, rely upon
20energy systems that utilize fuels produced in this state. In reviewing bids for the
21purchase of fuels or energy systems or equipment, the agency shall purchase fuel or
22energy systems or equipment produced in this state if the cost of the lowest
23responsible bid for such fuel or energy systems or equipment is no greater than the
1lowest responsible bid for fuel or energy systems or equipment produced outside of
2this state.
This subsection does not apply to purchases made under s. 16.706 (7).".
AB150-ASA1-AA26,19,145
16.754
(3) Exemptions. (intro.) Subsection (2) does not apply if the materials
6are purchased for the purpose of commercial resale or for the purpose of use in the
7production of goods for commercial sale. Subsection (2) does not apply to the
8purchase of stationery and printing materials. Subsection (2) does not apply if the
9department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
10subdivision thereof in which the vendor is domiciled does not give preference to
11vendors domiciled in that nation or subdivision in making governmental purchases.
12Subsection (2) does not apply if the competitive enterprise review board otherwise
13directs under s. 16.706 (7). Subsection (2) does not apply if the department or other
14person having contracting authority in respect to the purchase determines that:".
AB150-ASA1-AA26,19,1917
16.82
(4) (a)
May Unless otherwise directed under s. 16.706, may produce or
18contract to have produced, printing of classes 1, 3 and 4, and excerpts from the
19statutes under class 2, and all materials offered by state agencies for production.".
AB150-ASA1-AA26,19,2422
18.13
(4) Public intervenor. Notwithstanding s.
165.075 23.39, the public
23intervenor does not have authority to initiate any
action or proceeding concerning
24the issuance of obligations by the building commission under this chapter.".
AB150-ASA1-AA26,20,8
649. Page 176, line 15: decrease the dollar amount for fiscal year 1995-96 by
7$50,000 and decrease the dollar amount for fiscal year 1996-97 by $50,000 to
8decrease funding for the purpose for which the appropriation is made.
