AB811: Bill Text

AB811,8,23 16.75 (3m) (e) The department shall seek the cooperation and assistance of the department of commerce in the performance of its duties under par. (a) (d).

AB811, s. 16 Section 16. 16.75 (4) (c) of the statutes is renumbered 16.75 (3m) (a) 2. and amended to read:

AB811,9,3 16.75 (3m) (a) 2. In this section and s. 16.755, "small "Small business" means a business which has had less than $1.5 $2.5 million in gross annual sales, or had fewer than 25 full-time employees, in the most recent calendar or fiscal year.

AB811, s. 17 Section 17. 16.75 (4) (d) of the statutes is renumbered 16.75 (3m) (a) 3. and amended to read:

AB811,9,9 16.75 (3m) (a) 3. In this subsection and s. 16.755, "veteran-owned "Veteran-owned business" means a small business, as defined in par. (c), that is certified by the department of veterans affairs as being at least 51% owned by one or more veterans, as defined in s. 45.01 (12).

AB811, s. 18 Section 18. 16.755 (intro.), (1) and (4) of the statutes are amended to read:

AB811,9,14 16.755 Council on small business, veteran-owned business, woman-owned business, and minority business opportunities. (intro.) The council on small business, veteran-owned business, woman-owned business, and minority business opportunities shall:

AB811,9,17 (1) Review the extent of small business, veteran-owned business, woman-owned business, and minority business participation, as required under s. 16.75 (3m) (d), in purchasing by this state and its agencies.

AB811,9,19 (4) Advise the department concerning methods of improved compliance with any aspect of its duties under s. 16.75 (4) (a) (3m) (d).

AB811, s. 19 Section 19. 16.755 (4m) of the statutes is created to read:

AB811,9,22 16.755 (4m) Promote the awareness and consumption of locally produced products.

AB811, s. 20 Section 20. 16.755 (5) of the statutes is renumbered 16.755 (5) (intro.) and amended to read:

AB811,10,4 16.755 (5) (intro.) Annually, submit a report containing any recommendations regarding the matters described in subs. (1) to (4) to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2)., a report containing all of the following:

AB811, s. 21 Section 21. 16.755 (5) (a), (b), (c), (d) and (e) of the statutes are created to read:

AB811,10,7 16.755 (5) (a) Any recommendations regarding the matters described in subs. (1) to (4).

AB811,10,8 (b) Evaluation of compliance with the requirements of s. 16.75 (3m) (b).

AB811,10,10 (c) Any recommendations related to bidding procedures to meet or exceed the requirements under s. 16.75 (3m) (b).

AB811,10,11 (d) Evaluation of how vendor payments interact with 31 USC 3902.

AB811,10,13 (e) Evaluation of any impact VendorNet has on the competitive bidding of state contracts.

AB811, s. 22 Section 22. 16.855 (1) of the statutes is amended to read:

AB811,10,25 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $40,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10L) or (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB811, s. 23 Section 23. 16.855 (10L) of the statutes is created to read:

AB811,11,4 16.855 (10L) (a) In awarding a construction contract when the estimated construction cost of the project exceeds $40,000 but is less than $100,000, the department shall attempt to ensure all of the following:

AB811,11,7 1. That 5 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are veteran-owned businesses, as defined in s. 16.75 (3m) (a) 3.

AB811,11,10 2. That 5 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are woman-owned businesses, as defined in s. 16.75 (3m) (a) 4.

AB811,11,13 3. That 5 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are small businesses, as defined in s. 16.75 (3m) (a) 2.

AB811,11,16 (b) The department may award any contract to a business under par. (a) that submits a qualified responsible bid that is no more than 5 percent higher than the apparent low bid.

AB811,11,19 (c) Upon completion of any contract, the contractor shall report to the department any amount of the contract that was subcontracted to a business under par. (a).

AB811,11,21 (d) The department shall maintain and annually publish data on contracts awarded to businesses under par. (a).

AB811, s. 24 Section 24. 16.855 (22) of the statutes is amended to read:

AB811,12,6 16.855 (22) The provisions of this section, except sub. subs. (10L) and (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project is at least $40,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB811, s. 25 Section 25. 560.0345 of the statutes is created to read:

AB811,12,11 560.0345 Listing of designated businesses for state procurement. The department shall maintain a Web site to help the department of administration and any agency making purchases under s. 16.74 comply with the requirements of s. 16.75 (3m) (b). The Web site shall include all of the following:

AB811,12,14 (1) An up-to-date listing of veteran-owned businesses, as defined under s. 16.75 (3m) (a) 3., the locations of each business, and the products and services each business offers.

AB811,12,19 (2) An up-to-date listing of woman-owned businesses, as defined under s. 16.75 (3m) (a) 4., the locations of each business, and the products and services each business offers. The department may use the same Web site to comply with the requirement in this subsection and the Internet-listing requirement under s. 560.035 (1) (b).

AB811,12,22 (3) An up-to-date listing of minority businesses, as defined under 16.75 (3m) (a) 1m., the locations of each business, and the products and services each business offers.

AB811,12,25 (4) An up-to-date listing of small businesses, as defined under s. 16.75 (3m) (a) 2., the locations of each business, and the products and services each business offers.

AB811, s. 26 Section 26. 560.035 (1) (b) of the statutes is amended to read:

AB811,13,6 560.035 (1) (b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet. The department may use the same Web site to comply with the requirement in this paragraph and with the requirement in s. 560.0345 (2).

AB811, s. 27 Section 27. Initial applicability.

AB811,13,12 (1) The treatment of sections 16.75 (4) (c) and (d) and 16.855 (10) (L) of the statutes, the renumbering and amendment of section 16.75 (3m) (b) of the statutes, and the creation of section 16.75 (3m) (b) 2. and 3. of the statutes first apply with respect to contracts entered into and orders placed on the effective date of this subsection.

AB811, s. 28 Section 28. Effective date.

AB811,13,15 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB811,13,16 (End)