16.705 (1) The department or its agents may contract for services which can be performed more economically or efficiently by such contract. The department or its agents shall contract for contractual services whenever the competitive enterprise review board directs under s. 16.706 (7).
SECTION 361g. 16.705 (2) of the statutes is amended to read:
16.705 (2) The department shall promulgate rules for the procurement of contractual services, including but not limited to the approval and monitoring processes for contractual service contracts. Each Except as otherwise provided in this subsection, each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. If the competitive enterprise review board requires the solicitation of bids or competitive sealed proposals for contractual services under s. 16.706 (4), the responsible officer shall submit to the department the information required under this subsection and information concerning alternatives to procurement of contractual services, but need not provide justification for such procurement. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and ss. 16.71 to 16.77.
SECTION 361h. 16.705 (3) (intro.) of the statutes is amended to read:
16.705 (3) (intro.) Contracts for contractual services, other than contracts awarded under s. 16.706 (7), shall be submitted by the department for the review and approval of the secretary of employment relations prior to award, under conditions established by rule of the department. The secretary of employment relations shall review such contracts in order to ensure that agencies:
SECTION 361i. 16.705 (5) of the statutes is amended to read:
16.705 (5) The department shall promulgate rules to assure that the process used for selection of persons to perform contractual services includes a review of the independence and relationship, if any, of the contractor to employes of the agency, disclosure of any former employment of the contractor or employes of the contractor with the agency and a procedure to minimize the likelihood of selection of a contractor who provides or is likely to provide services to industries, client groups or individuals who are the object of state regulation or the recipients of state funding to a degree that the contractor's independence would be compromised. Such rules do not apply to contracts awarded under s. 16.706 (7).
SECTION 361j. 16.706 of the statutes is created to read:
16.706 Competitive enterprise review board. (1) In this section "board" means the competitive enterprise review board.
(2) Any person who believes that the person can provide any materials, supplies, equipment or contractual services to an executive branch agency, but more economically, efficiently or effectively than the materials, supplies, equipment or services are currently provided or more economically, efficiently or effectively than the agency provides the materials, supplies, equipment or comparable noncontractual services to itself, may file an application with the board proposing to provide the materials, supplies, equipment or contractual services to the agency. The application shall specify each executive branch agency to which it applies, and shall contain a description of the materials, supplies, equipment or contractual services to which it applies and a description of the materials, supplies, equipment or contractual services that the applicant is capable of providing.
(3) The department shall assist the board in the performance of its functions. Upon receipt of an application by the board under sub. (2), the department shall:
(a) Evaluate the proposal contained in the application to determine whether the proposal is feasible and whether it would result in delivery of materials, supplies, equipment or services to any affected executive branch agency in a more economical, efficient or effective manner.
(b) Submit its evaluation, together with a recommendation, to the board.
(4) The board shall review each proposal filed under sub. (2) together with the evaluation and recommendation submitted under sub. (3) and shall determine whether the proposal is feasible and would, if implemented, result in the delivery of materials, supplies, equipment or services by any executive branch agency in a more economical, efficient or effective manner. If the board finds that the proposal, if implemented, would achieve at least one of these objectives, the board may direct the department to solicit bids or competitive sealed proposals to provide the materials, supplies, equipment or contractual services specified in the proposal. If the department delegates the responsibility to solicit such bids or proposals to an affected executive branch agency under s. 16.71 (1), the department shall ensure that the agency complies with the directive of the board under this subsection. This subsection does not apply to commodities, materials, supplies, equipment or services purchased under s. 16.75 (3t), 16.752 (12) (a) or 16.78 (1).
(5) Any executive branch agency that is authorized to provide any materials, supplies, equipment or contractual services to another executive branch agency consistent with its program responsibilities may submit a bid or competitive sealed proposal whenever such bids or proposals are solicited under sub. (4).
(6) The board shall, by rule, specify time periods for solicitations of bids or competitive sealed proposals under sub. (4) and for the submission of bids or competitive sealed proposals in response to the solicitations.
(7) Whenever the board directs the solicitation of bids or competitive sealed proposals under sub. (4), the department shall, before accepting or rejecting any bid or proposal, refer the question of acceptance of a bid or proposal to the board for its review. The board may thereafter determine that any bid or competitive sealed proposal is the best and most reasonable bid or proposal and may direct the department to accept that bid or proposal. Except with respect to purchases of printing or stationery, the bid or competitive sealed proposal selected by the board need not be the lowest cost bid or proposal. Consistently with specifications in the solicitation, the board may direct the department to include specified terms and conditions in any contract or order resulting from a bid or competitive sealed proposal selected by the board. If the department delegates responsibility to solicit bids or competitive sealed proposals to an executive branch agency under s. 16.71 (1), the department shall ensure that the agency complies with the directives of the board under this subsection.
(8) The board may, with respect to its responsibilities under this section:
(a) Hold public hearings and conduct studies.
(b) Consult with private commercial sources.
(c) Require any executive branch agency to provide a cost estimate or conduct a management study regarding any materials, supplies, equipment or services provided by the agency.
(d) Prescribe cost accounting standards for executive branch agencies in their preparation of cost estimates under par. (c).
(e) Prescribe, in consultation with the department or any other affected executive branch agency, specifications and procedures to which the department or other agency shall conform when soliciting bids or competitive sealed proposals.
SECTION 361k. 16.71 (1) of the statutes is amended to read:
16.71 (1) Except as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. Any purchase or delegation of the responsibility for purchasing is subject to directives issued by the competitive enterprise review board under s. 16.706. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.
SECTION 361L. 16.71 (2) of the statutes is amended to read:
16.71 (2) The Except as otherwise directed under s. 16.706 (7), the department of administration shall delegate authority to make all purchases for prison industries to the department of corrections. This delegation may be withdrawn by the department of administration only with the consent of, and in accordance with the terms specified by, the joint committee on finance, for failure to comply with applicable purchasing rules, procedures or statutory requirements.
SECTION 361m. 16.71 (3) of the statutes is amended to read:
16.71 (3) If the department makes or delegates to the gaming commission department of revenue or to any other designated purchasing agent under sub. (1) the authority to make a major procurement, as defined in s. 565.01 (4), for the gaming commission department of revenue, the department, gaming commission department of revenue or designated purchasing agent shall comply with the requirements under s. 565.25.
SECTION 361n. 16.72 (2) (a) of the statutes is amended to read:
16.72 (2) (a) The Unless otherwise directed under s. 16.706 (8) (e), the department of administration shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common.
SECTION 361p. 16.72 (2) (b) of the statutes is amended to read:
16.72 (2) (b) Except as provided in s. otherwise required under ss. 16.706 (8) (e) and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.
SECTION 361po. 16.72 (2) (c) of the statutes is amended to read:
16.72 (2) (c) To Unless otherwise directed under s. 16.706 (8) (e) the department shall, to the extent possible, the department shall write specifications so as to permit the purchase of materials manufactured in the United States, as defined in s. 16.754 (1).
SECTION 361q. 16.72 (2) (d) of the statutes is amended to read:
16.72 (2) (d) To the extent possible Unless otherwise directed under s. 16.706 (8) (e), the department and any other designated purchasing agent under s. 16.71 (1) shall, to the extent possible, write specifications for the purchase of materials, supplies, commodities, equipment and contractual services so as to permit their purchase from prison industries, as created under s. 303.01 (1).
SECTION 362. 16.72 (2) (e) (intro.) of the statutes is amended to read:
16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall, unless otherwise directed under s. 16.706 (8) (e), incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:
SECTION 363. 16.72 (2) (f) of the statutes is amended to read:
16.72 (2) (f) In Unless otherwise directed under s. 16.706 (8) (e), in writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1) and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 159.05 (12). All Unless otherwise directed under s. 16.706 (8) (e), all specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.
SECTION 363m. 16.72 (4m) of the statutes is amended to read:
16.72 (4m) The department shall provide the gaming commission department of revenue with a copy of each contract for a major procurement, as defined in s. 565.01 (4), for the gaming commission department of revenue.
SECTION 364. 16.72 (7) (intro.) of the statutes is amended to read:
16.72 (7) (intro.) Annually, by March 1, the department shall submit to the council on recycling market development board a report regarding the department's resource recovery and recycling activities of the preceding year. The report shall include information concerning the level of compliance by the department and other agencies and authorities, excluding the University of Wisconsin Hospitals and Clinics Authority, with all of the following and reasons for any failure to fully comply with all of the following:
SECTION 365. 16.72 (7) (a) of the statutes is amended to read:
16.72 (7) (a) The requirements under s. 16.75 (8) (a) and (9) that the department and other purchasing agents and authorities specified in sub. (2) (e) and (f) make purchasing selections using specifications prescribed under sub. (2) (e) and (f) and specifically that each such agency and authority ensure that a minimum proportion of its aggregate paper purchases be recycled fiber.
SECTION 366. 16.72 (7) (c) of the statutes is amended to read:
16.72 (7) (c) The requirement of s. 16.15 (3) that agencies and authorities to which s. 16.15 (3) applies separate for recycling the materials specified in that subsection.
SECTION 367. 16.73 (5) of the statutes is created to read:
16.73 (5) If the department designates the board of regents of the University of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the board may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.
SECTION 368. 16.75 (1) (a) 1. of the statutes is amended to read:
16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.706 (7), 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.
SECTION 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.706 (7), 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.
SECTION 368n. 16.75 (1) (a) 3. of the statutes is amended to read:
16.75 (1) (a) 3. Bids Except as provided in s. 16.706 (8) (e), bids may be received only in accordance with such specifications as are adopted by the department as provided in this subsection. Any or all bids may be rejected. Each bid, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated shall, after the award or letting of the contract, be opened to public inspection. Where a low bid is rejected, a complete written record shall be compiled and filed, giving the reason in full for such action. Any waiver of sealed, advertised bids as provided in sub. (2m) or (6) shall be entered on a record kept by the department and open to public inspection.
SECTION 371. 16.75 (1m) of the statutes is amended to read:
16.75 (1m) The Except as otherwise directed under s. 16.706 (7), the department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.
SECTION 371e. 16.75 (2) (a) of the statutes is amended to read:
16.75 (2) (a) When Unless otherwise directed under s. 16.706 (7), whenever the department of administration believes that it is to the best interests of the state to purchase certain patented or proprietary articles, other than printing and stationery, it may purchase said articles without the usual statutory procedure. All equipment shall be purchased from the lowest and best bidder as determined by the bids and a comparison of the detailed specifications submitted with the bids, and after due advertisement as herein before provided. Where the low bid or bids are rejected, a complete written record shall be compiled and filed, giving the reasons in full for such action.
SECTION 371m. 16.75 (2g) (a) of the statutes is amended to read:
16.75 (2g) (a) The Unless otherwise directed under s. 16.706 (4), the purchasing authority under s. 16.71 (2) may make purchases for products of and goods for resale by prison industries, other than purchases of printing or stationery, without inviting bids and without accepting the lowest responsible bid.
SECTION 374. 16.75 (3t) (a) of the statutes is amended to read:
16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.61 (2) (ad) 16.97 (5m).
SECTION 375. 16.75 (4) (a) (intro.) of the statutes is amended to read:
16.75 (4) (a) (intro.) The department shall encourage the participation of small businesses and veteran-owned businesses in the statewide purchasing program by ensuring that there are no undue impediments to such participation and by actively encouraging small businesses and veteran-owned businesses to play an active role in the solicitation of public purchasing business by agencies. To that end the department shall:
SECTION 380. 16.75 (8) (a) 1. of the statutes is amended to read:
16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.
SECTION 381. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:
16.75 (8) (a) 2. (intro.) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a calendar year, is not less than the following:
SECTION 381m. 16.75 (8) (b) of the statutes is created to read:
16.75 (8) (b) Paragraph (a) does not apply to purchases which the department is directed to make under s. 16.706 (7).
SECTION 382. 16.75 (9) of the statutes is amended to read:
16.75 (9) The Unless otherwise directed under s. 16.706 (8) (e), the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).
SECTION 382m. 16.75 (10) of the statutes is amended to read:
16.75 (10) An agency that has building, fleet or energy management responsibilities shall, to the extent cost-effective and technically feasible, rely upon energy systems that utilize fuels produced in this state. In reviewing bids for the purchase of fuels or energy systems or equipment, the agency shall purchase fuel or energy systems or equipment produced in this state if the cost of the lowest responsible bid for such fuel or energy systems or equipment is no greater than the lowest responsible bid for fuel or energy systems or equipment produced outside of this state. This subsection does not apply to purchases made under s. 16.706 (7).
SECTION 383b. 16.752 (7) (a) 1. of the statutes is amended to read:
16.752 (7) (a) 1. A legible copy of the articles of incorporation of the organization showing the date of filing and with the seal of the secretary of state department of financial institutions.
SECTION 384. 16.752 (8) (e) of the statutes is amended to read:
16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of industry, labor and human relations development.
SECTION 384m. 16.754 (3) (intro.) of the statutes is amended to read:
16.754 (3) EXEMPTIONS. (intro.) Subsection (2) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) does not apply to the purchase of stationery and printing materials. Subsection (2) does not apply if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) does not apply if the competitive enterprise review board otherwise directs under s. 16.706 (7). Subsection (2) does not apply if the department or other person having contracting authority in respect to the purchase determines that:
SECTION 385. 16.76 (1) of the statutes is amended to read:
16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).
SECTION 386. 16.765 (1) of the statutes is amended to read:
16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation under ch. 232 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.
SECTION 387. 16.765 (2) (intro.) and (a) of the statutes are consolidated, renumbered 16.765 (2) and amended to read:
16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: (a) "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.
