AB150-engrossed,112,224
16.705
(1) The department or its agents may contract for services which can
25be performed more economically or efficiently by such contract.
The department or
1its agents shall contract for contractual services whenever the competitive
2enterprise review board directs under s. 16.706 (7).
AB150-engrossed,112,204
16.705
(2) The department shall promulgate rules for the procurement of
5contractual services, including but not limited to the approval and monitoring
6processes for contractual service contracts.
Each
Except as otherwise provided in
7this subsection, each officer requesting approval to engage any person to perform
8contractual services shall submit to the department written justification for such
9contracting which shall include a description of the contractual services to be
10procured, justification of need, justification for not contracting with other agencies,
11a specific description of the scope of contractual services to be performed, and
12justification for the procurement process if a process other than competitive bidding
13is to be used.
If the competitive enterprise review board requires the solicitation of
14bids or competitive sealed proposals for contractual services under s. 16.706 (4), the
15responsible officer shall submit to the department the information required under
16this subsection and information concerning alternatives to procurement of
17contractual services, but need not provide justification for such procurement. The
18department may not approve any contract for contractual services unless it is
19satisfied that the justification for contracting conforms to the requirements of this
20section and ss. 16.71 to 16.77.
AB150-engrossed,113,222
16.705
(3) (intro.) Contracts for contractual services
, other than contracts
23awarded under s. 16.706 (7), shall be submitted by the department for the review and
24approval of the secretary of employment relations prior to award, under conditions
1established by rule of the department. The secretary of employment relations shall
2review such contracts in order to ensure that agencies:
AB150-engrossed,113,124
16.705
(5) The department shall promulgate rules to assure that the process
5used for selection of persons to perform contractual services includes a review of the
6independence and relationship, if any, of the contractor to employes of the agency,
7disclosure of any former employment of the contractor or employes of the contractor
8with the agency and a procedure to minimize the likelihood of selection of a
9contractor who provides or is likely to provide services to industries, client groups or
10individuals who are the object of state regulation or the recipients of state funding
11to a degree that the contractor's independence would be compromised.
Such rules
12do not apply to contracts awarded under s. 16.706 (7).
AB150-engrossed,113,15
1416.706 Competitive enterprise review board. (1) In this section "board"
15means the competitive enterprise review board.
AB150-engrossed,114,2
16(2) Any person who believes that the person can provide any materials,
17supplies, equipment or contractual services to an executive branch agency, but more
18economically, efficiently or effectively than the materials, supplies, equipment or
19services are currently provided or more economically, efficiently or effectively than
20the agency provides the materials, supplies, equipment or comparable
21noncontractual services to itself, may file an application with the board proposing to
22provide the materials, supplies, equipment or contractual services to the agency. The
23application shall specify each executive branch agency to which it applies, and shall
24contain a description of the materials, supplies, equipment or contractual services
1to which it applies and a description of the materials, supplies, equipment or
2contractual services that the applicant is capable of providing.
AB150-engrossed,114,4
3(3) The department shall assist the board in the performance of its functions.
4Upon receipt of an application by the board under sub. (2), the department shall:
AB150-engrossed,114,85
(a) Evaluate the proposal contained in the application to determine whether
6the proposal is feasible and whether it would result in delivery of materials, supplies,
7equipment or services to any affected executive branch agency in a more economical,
8efficient or effective manner.
AB150-engrossed,114,99
(b) Submit its evaluation, together with a recommendation, to the board.
AB150-engrossed,114,22
10(4) The board shall review each proposal filed under sub. (2) together with the
11evaluation and recommendation submitted under sub. (3) and shall determine
12whether the proposal is feasible and would, if implemented, result in the delivery of
13materials, supplies, equipment or services by any executive branch agency in a more
14economical, efficient or effective manner. If the board finds that the proposal, if
15implemented, would achieve at least one of these objectives, the board may direct the
16department to solicit bids or competitive sealed proposals to provide the materials,
17supplies, equipment or contractual services specified in the proposal. If the
18department delegates the responsibility to solicit such bids or proposals to an
19affected executive branch agency under s. 16.71 (1), the department shall ensure that
20the agency complies with the directive of the board under this subsection. This
21subsection does not apply to commodities, materials, supplies, equipment or services
22purchased under s. 16.75 (3t), 16.752 (12) (a) or 16.78 (1).
AB150-engrossed,115,2
23(5) Any executive branch agency that is authorized to provide any materials,
24supplies, equipment or contractual services to another executive branch agency
1consistent with its program responsibilities may submit a bid or competitive sealed
2proposal whenever such bids or proposals are solicited under sub. (4).
AB150-engrossed,115,5
3(6) The board shall, by rule, specify time periods for solicitations of bids or
4competitive sealed proposals under sub. (4) and for the submission of bids or
5competitive sealed proposals in response to the solicitations.
AB150-engrossed,115,19
6(7) Whenever the board directs the solicitation of bids or competitive sealed
7proposals under sub. (4), the department shall, before accepting or rejecting any bid
8or proposal, refer the question of acceptance of a bid or proposal to the board for its
9review. The board may thereafter determine that any bid or competitive sealed
10proposal is the best and most reasonable bid or proposal and may direct the
11department to accept that bid or proposal. Except with respect to purchases of
12printing or stationery, the bid or competitive sealed proposal selected by the board
13need not be the lowest cost bid or proposal. Consistently with specifications in the
14solicitation, the board may direct the department to include specified terms and
15conditions in any contract or order resulting from a bid or competitive sealed
16proposal selected by the board. If the department delegates responsibility to solicit
17bids or competitive sealed proposals to an executive branch agency under s. 16.71 (1),
18the department shall ensure that the agency complies with the directives of the board
19under this subsection.
AB150-engrossed,115,20
20(8) The board may, with respect to its responsibilities under this section:
AB150-engrossed,115,2121
(a) Hold public hearings and conduct studies.
AB150-engrossed,115,2222
(b) Consult with private commercial sources.
AB150-engrossed,115,2523
(c) Require any executive branch agency to provide a cost estimate or conduct
24a management study regarding any materials, supplies, equipment or services
25provided by the agency.
AB150-engrossed,116,2
1(d) Prescribe cost accounting standards for executive branch agencies in their
2preparation of cost estimates under par. (c).
AB150-engrossed,116,53
(e) Prescribe, in consultation with the department or any other affected
4executive branch agency, specifications and procedures to which the department or
5other agency shall conform when soliciting bids or competitive sealed proposals.
AB150-engrossed,116,177
16.71
(1) Except as authorized in s. 16.74, the department shall purchase and
8may delegate to special designated agents the authority to purchase all necessary
9materials, supplies, equipment, all other permanent personal property and
10miscellaneous capital, and contractual services and all other expense of a
11consumable nature for all agencies. In making any delegation, the department shall
12require the agent to adhere to all requirements imposed upon the department in
13making purchases under this subchapter.
Any purchase or delegation of the
14responsibility for purchasing is subject to directives issued by the competitive
15enterprise review board under s. 16.706. All materials, services and other things and
16expense furnished to any agency and interest paid under s. 16.528 shall be charged
17to the proper appropriation of the agency to which furnished.
AB150-engrossed,116,2419
16.71
(2) The Except as otherwise directed under s. 16.706 (7), the department
20of administration shall delegate authority to make all purchases for prison
21industries to the department of corrections. This delegation may be withdrawn by
22the department of administration only with the consent of, and in accordance with
23the terms specified by, the joint committee on finance, for failure to comply with
24applicable purchasing rules, procedures or statutory requirements.
AB150-engrossed,117,6
116.71
(3) If the department makes or delegates to the
gaming commission 2department of revenue or to any other designated purchasing agent under sub. (1)
3the authority to make a major procurement, as defined in s. 565.01 (4), for the
gaming
4commission department of revenue, the department,
gaming commission 5department of revenue or designated purchasing agent shall comply with the
6requirements under s. 565.25.
AB150-engrossed,117,178
16.72
(2) (a)
The Unless otherwise directed under s. 16.706 (8) (e), the 9department of administration shall prepare standard specifications, as far as
10possible, for all state purchases. By "standard specifications" is meant a
11specification, either chemical or physical or both, prepared to describe in detail the
12article which the state desires to purchase, and trade names shall not be used. On
13the formulation, adoption and modification of any standard specifications, the
14department of administration shall also seek and be accorded without cost, the
15assistance, advice and cooperation of other agencies and officers. Each specification
16adopted for any commodity shall, insofar as possible, satisfy the requirements of any
17and all agencies which use it in common.
AB150-engrossed,118,319
16.72
(2) (b) Except as
provided in s.
otherwise required under ss. 16.706 (8)
20(e) and 565.25 (2) (a) 4., the department shall prepare or review specifications for all
21materials, supplies, equipment, other permanent personal property and contractual
22services not purchased under standard specifications. Such "nonstandard
23specifications" may be generic or performance specifications, or both, prepared to
24describe in detail the article which the state desires to purchase either by its physical
25properties or programmatic utility. When appropriate for such nonstandard items
1or services, trade names may be used to identify what the state requires, but
2wherever possible 2 or more trade names shall be designated and the trade name of
3any Wisconsin producer, distributor or supplier shall appear first.
AB150-engrossed,118,85
16.72
(2) (c)
To Unless otherwise directed under s. 16.706 (8) (e) the department
6shall, to the extent possible,
the department shall write specifications so as to permit
7the purchase of materials manufactured in the United States, as defined in s. 16.754
8(1).
AB150-engrossed,118,1410
16.72
(2) (d)
To the extent possible
Unless otherwise directed under s. 16.706
11(8) (e), the department and any other designated purchasing agent under s. 16.71 (1)
12shall
, to the extent possible, write specifications for the purchase of materials,
13supplies, commodities, equipment and contractual services so as to permit their
14purchase from prison industries, as created under s. 303.01 (1).
AB150-engrossed,118,2516
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
17department and any other designated purchasing agent under s. 16.71 (1) shall
,
18unless otherwise directed under s. 16.706 (8) (e), incorporate requirements for the
19purchase of products made from recycled materials and recovered materials if their
20use is technically and economically feasible. Each authority
other than the
21University of Wisconsin Hospitals and Clinics Authority, in writing specifications for
22purchasing by the authority, shall incorporate requirements for the purchase of
23products made from recycled materials and recovered materials if their use is
24technically and economically feasible. The specifications shall include requirements
25for the purchase of the following materials:
AB150-engrossed,119,112
16.72
(2) (f)
In Unless otherwise directed under s. 16.706 (8) (e), in writing
3specifications under this subsection, the department, any other designated
4purchasing agent under s. 16.71 (1) and each authority
other than the University of
5Wisconsin Hospitals and Clinics Authority shall incorporate requirements relating
6to the recyclability and ultimate disposition of products and, wherever possible, shall
7write the specifications so as to minimize the amount of solid waste generated by the
8state, consistent with the priorities established under s. 159.05 (12).
All Unless
9otherwise directed under s. 16.706 (8) (e), all specifications under this subsection
10shall discourage the purchase of single-use, disposable products and require,
11whenever practical, the purchase of multiple-use, durable products.
AB150-engrossed,119,1513
16.72
(4m) The department shall provide the
gaming commission department
14of revenue with a copy of each contract for a major procurement, as defined in s.
15565.01 (4), for the
gaming commission department of revenue.
AB150-engrossed,119,2317
16.72
(7) (intro.) Annually, by March 1, the department shall submit to the
18council on recycling
market development board a report regarding the department's
19resource recovery and recycling activities of the preceding year. The report shall
20include information concerning the level of compliance by the department and other
21agencies and authorities
, excluding the University of Wisconsin Hospitals and
22Clinics Authority, with all of the following and reasons for any failure to fully comply
23with all of the following:
AB150-engrossed,120,5
116.72
(7) (a) The requirements under s. 16.75 (8) (a) and (9) that the
2department and other purchasing agents and authorities
specified in sub. (2) (e) and
3(f) make purchasing selections using specifications prescribed under sub. (2) (e) and
4(f) and specifically that each
such agency and authority ensure that a minimum
5proportion of its aggregate paper purchases be recycled fiber.
AB150-engrossed,120,97
16.72
(7) (c) The requirement of s. 16.15 (3) that agencies and authorities
to
8which s. 16.15 (3) applies separate for recycling the materials specified in that
9subsection.
AB150-engrossed,120,1811
16.73
(5) If the department designates the board of regents of the University
12of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the
13board may enter into a contract to sell any materials, supplies, equipment or
14contractual services purchased by the board to the University of Wisconsin Hospitals
15and Clinics Authority, and may contract with the University of Wisconsin Hospitals
16and Clinics Authority for the joint purchase of any materials, supplies, equipment
17or contractual services if the sale or purchase is made consistently with that
18delegation and with this subchapter.
AB150-engrossed,121,320
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
21materials, supplies, equipment and contractual services
to be provided to any
22agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
23(6), (7), (8) and (9) and ss.
16.706 (7), 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and
24159.15 (7), shall be awarded to the lowest responsible bidder, taking into
25consideration life cycle cost estimates under sub. (1m), when appropriate, the
1location of the agency, the quantities of the articles to be supplied, their conformity
2with the specifications, and the purposes for which they are required and the date
3of delivery.
AB150-engrossed, s. 368m
4Section 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin
5Act .... (this act), is repealed and recreated to read:
AB150-engrossed,121,136
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
7materials, supplies, equipment and contractual services to be provided to any
8agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
9(6), (7), (8) and (9) and ss. 16.706 (7), 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and
10301.265, shall be awarded to the lowest responsible bidder, taking into consideration
11life cycle cost estimates under sub. (1m), when appropriate, the location of the
12agency, the quantities of the articles to be supplied, their conformity with the
13specifications, and the purposes for which they are required and the date of delivery.
AB150-engrossed,121,2315
16.75
(1) (a) 3.
Bids Except as provided in s. 16.706 (8) (e), bids may be received
16only in accordance with such specifications as are adopted by the department as
17provided in this subsection. Any or all bids may be rejected. Each bid, with the name
18of the bidder, shall be entered on a record, and each record with the successful bid
19indicated shall, after the award or letting of the contract, be opened to public
20inspection. Where a low bid is rejected, a complete written record shall be compiled
21and filed, giving the reason in full for such action. Any waiver of sealed, advertised
22bids as provided in sub. (2m) or (6) shall be entered on a record kept by the
23department and open to public inspection.
AB150-engrossed,122,13
116.75
(1m) The Except as otherwise directed under s. 16.706 (7), the 2department shall award each order or contract for materials, supplies or equipment
3on the basis of life cycle cost estimates, whenever such action is appropriate. Each
4authority
other than the University of Wisconsin Hospitals and Clinics Authority 5shall award each order or contract for materials, supplies or equipment on the basis
6of life cycle cost estimates, whenever such action is appropriate. The terms,
7conditions and evaluation criteria to be applied shall be incorporated in the
8solicitation of bids or proposals. The life cycle cost formula may include, but is not
9limited to, the applicable costs of energy efficiency, acquisition and conversion,
10money, transportation, warehousing and distribution, training, operation and
11maintenance and disposition or resale. The department shall prepare documents
12containing technical guidance for the development and use of life cycle cost
13estimates, and shall make the documents available to local governmental units.
AB150-engrossed,122,2315
16.75
(2) (a)
When Unless otherwise directed under s. 16.706 (7), whenever the
16department
of administration believes that it is to the best interests of the state to
17purchase certain patented or proprietary articles, other than printing and
18stationery, it may purchase said articles without the usual statutory procedure. All
19equipment shall be purchased from the lowest and best bidder as determined by the
20bids and a comparison of the detailed specifications submitted with the bids, and
21after due advertisement as herein before provided. Where the low bid or bids are
22rejected, a complete written record shall be compiled and filed, giving the reasons in
23full for such action.
AB150-engrossed,123,4
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-engrossed,123,76
16.75
(3t) (a) In this subsection, "form" has the meaning given under s.
16.61
7(2) (ad) 16.97 (5m).
AB150-engrossed,123,149
16.75
(4) (a) (intro.) The department shall encourage the participation of small
10businesses and veteran-owned businesses in the statewide purchasing program by
11ensuring that there are no undue impediments to such participation and by actively
12encouraging small businesses and veteran-owned businesses to play an active role
13in the solicitation of
public purchasing business
by agencies. To that end the
14department shall:
AB150-engrossed,123,2116
16.75
(8) (a) 1. The department, any other designated purchasing agent under
17s. 16.71 (1), any agency making purchases under s. 16.74 and each authority
other
18than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent
19practicable, make purchasing selections using specifications developed under s.
2016.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
21recovered materials.
AB150-engrossed,124,223
16.75
(8) (a) 2. (intro.) Each agency and authority
other than the University
24of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled
25or recovered content of all paper purchased by the agency or authority measured as
1a proportion, by weight, of the fiber content of paper products purchased in a
2calendar year, is not less than the following:
AB150-engrossed,124,54
16.75
(8) (b) Paragraph (a) does not apply to purchases which the department
5is directed to make under s. 16.706 (7).
AB150-engrossed,124,117
16.75
(9) The Unless otherwise directed under s. 16.706 (8) (e), the department,
8any other designated purchasing agent under s. 16.71 (1), any agency making
9purchases under s. 16.74 and any authority
other than the University of Wisconsin
10Hospitals and Clinics Authority shall, to the extent practicable, make purchasing
11selections using specifications prepared under s. 16.72 (2) (f).
AB150-engrossed,124,2013
16.75
(10) An agency that has building, fleet or energy management
14responsibilities shall, to the extent cost-effective and technically feasible, rely upon
15energy systems that utilize fuels produced in this state. In reviewing bids for the
16purchase of fuels or energy systems or equipment, the agency shall purchase fuel or
17energy systems or equipment produced in this state if the cost of the lowest
18responsible bid for such fuel or energy systems or equipment is no greater than the
19lowest responsible bid for fuel or energy systems or equipment produced outside of
20this state.
This subsection does not apply to purchases made under s. 16.706 (7).
AB150-engrossed,124,2422
16.752
(7) (a) 1. A legible copy of the articles of incorporation of the organization
23showing the date of filing
and with the
seal of the secretary of state department of
24financial institutions.
AB150-engrossed,125,4
116.752
(8) (e) Comply with applicable occupational health and safety standards
2prescribed by the U.S. secretary of labor, the federal occupational health and safety
3administration or the department of
industry, labor and human relations 4development.
AB150-engrossed,125,156
16.754
(3) Exemptions. (intro.) Subsection (2) does not apply if the materials
7are purchased for the purpose of commercial resale or for the purpose of use in the
8production of goods for commercial sale. Subsection (2) does not apply to the
9purchase of stationery and printing materials. Subsection (2) does not apply if the
10department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
11subdivision thereof in which the vendor is domiciled does not give preference to
12vendors domiciled in that nation or subdivision in making governmental purchases.
13Subsection (2) does not apply if the competitive enterprise review board otherwise
14directs under s. 16.706 (7). Subsection (2) does not apply if the department or other
15person having contracting authority in respect to the purchase determines that:
AB150-engrossed,125,2217
16.76
(1) All contracts for materials, supplies, equipment or contractual
18services
to be provided to any agency shall run to the state of Wisconsin. Such
19contracts shall be signed by the secretary or an individual authorized by the
20secretary, except that contracts entered into directly by the legislature, the courts or
21a legislative service or judicial branch agency shall be signed by an individual
22authorized under s. 16.74 (2) (b).
AB150-engrossed,126,624
16.765
(1) Contracting agencies
, the University of Wisconsin Hospitals and
25Clinics Authority and the Bradley center sports and entertainment corporation
1under ch. 232 shall include in all contracts executed by them a provision obligating
2the contractor not to discriminate against any employe or applicant for employment
3because of age, race, religion, color, handicap, sex, physical condition, developmental
4disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
5or national origin and, except with respect to sexual orientation, obligating the
6contractor to take affirmative action to ensure equal employment opportunities.
AB150-engrossed, s. 387
7Section
387. 16.765 (2) (intro.) and (a) of the statutes are consolidated,
8renumbered 16.765 (2) and amended to read: