AB40: Bill Text

AB40, s. 241 Section 241. 16.71 (4) of the statutes is created to read:

AB40,111,25 16.71 (4) The department shall delegate to the Board of Trustees of the University of Wisconsin-Madison the authority to enter into contracts for materials, supplies, equipment, or services that relate to higher education and that agencies other than the University of Wisconsin-System or the University of Wisconsin-Madison do not commonly purchase.

AB40, s. 242 Section 242. 16.72 (2) (d) of the statutes is repealed.

AB40, s. 243 Section 243. 16.72 (8) of the statutes is amended to read:

AB40,112,7 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, technical college districts, and the board of regents Board of Regents of the University of Wisconsin System, and the Board of Trustees of the University of Wisconsin-Madison.

AB40, s. 244 Section 244. 16.73 (4m) of the statutes is created to read:

AB40,112,14 16.73 (4m) The Board of Trustees of the University of Wisconsin-Madison may enter into agreements with other higher education institutions under which any of the parties may agree to participate in, administer, sponsor, or conduct purchasing of materials, supplies, equipment, permanent personal property, miscellaneous capital, or contractual services. The University of Wisconsin-Madison may purchase from any vendor selected as a result of such purchasing agreements.

AB40, s. 245 Section 245. 16.73 (5) of the statutes is amended to read:

AB40,112,23 16.73 (5) If the department designates the board of regents Board of Trustees of the University of Wisconsin System Wisconsin-Madison 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.

AB40, s. 246 Section 246. 16.75 (1) (b) of the statutes is amended to read:

AB40,113,13 16.75 (1) (b) When the estimated cost exceeds $25,000 $50,000, the department shall invite bids to be submitted. The department either shall either solicit sealed bids to be opened publicly at a specified date and time, or shall solicit bidding by auction to be conducted electronically at a specified date and time. Whenever bids are invited, due notice inviting bids shall be published as a class 2 notice, under ch. 985 or posted on the Internet at a site determined or approved by the department. The bid opening or auction shall occur at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet. The notice shall specify whether sealed bids are invited or bids will be accepted by auction, and shall give a clear description of the materials, supplies, equipment, or contractual services to be purchased, the amount of any bond, share draft, check, or other draft to be submitted as surety with the bid or prior to the auction, and the date and time that the public opening or the auction will be held.

AB40, s. 247 Section 247. 16.75 (1) (c) of the statutes is amended to read:

AB40,113,17 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $25,000 $50,000 or less, the award may be made in accordance with simplified procedures established by the department for such transactions.

AB40, s. 248 Section 248. 16.75 (2m) (b) of the statutes is amended to read:

AB40,114,2 16.75 (2m) (b) When the estimated cost exceeds $25,000 $50,000, the department may invite competitive sealed proposals by publishing a class 2 notice under ch. 985 or by posting notice on the Internet at a site determined or approved by the department. The notice shall describe the materials, supplies, equipment, or contractual services to be purchased, the intent to make the procurement by solicitation of proposals rather than by solicitation of bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.

AB40, s. 249 Section 249. 16.75 (2m) (c) of the statutes is amended to read:

AB40,114,6 16.75 (2m) (c) When the estimated cost is $25,000 $50,000 or less, the department may award the order or contract may be awarded in accordance with simplified procedures established by the department for such transactions.

AB40, s. 250 Section 250. 16.75 (3m) (a) 1. of the statutes is amended to read:

AB40,114,10 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 251 Section 251. 16.75 (3m) (a) 2. of the statutes is amended to read:

AB40,114,14 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 252 Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:

AB40,114,18 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 253 Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:

AB40,114,21 16.75 (3m) (a) 4. "Minority business" means a business certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 254 Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB40,115,3 16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87 (2) (b), or 25.185 (2), the department shall include only amounts paid to minority businesses, minority financial advisers and minority investment firms certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 255 Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

AB40,115,8 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 256 Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

AB40,116,3 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price comparable to that is equal to or lower than one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications, provided the specifications are written in accordance with s. 16.72 (2) (d). If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is comparable equal to or lower than one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

AB40, s. 257 Section 257. 16.75 (4) (b) of the statutes is amended to read:

AB40,116,7 16.75 (4) (b) The department shall seek the cooperation and assistance of the department of commerce safety and professional services in the performance of its duties under par. (a).

AB40, s. 258 Section 258. 16.75 (6) (bm) of the statutes is amended to read:

AB40,116,15 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 (1) and (2) to (8), (5), (6), and (7) and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of children and families under s. 49.143, if the department of children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB40, s. 259 Section 259. 16.75 (6) (c) of the statutes is amended to read:

AB40,117,4 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) and may purchase supplies, material, equipment, or contractual services, other than printing and stationery, from a private source other than a source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $25,000 $50,000, the department shall first publish a class 2 notice under ch. 985 or post a notice on the Internet at the site determined or approved by the department under sub. (1) (b) describing the materials, supplies, equipment, or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date of the award shall be at least 7 days after the date of the last insertion or the date of posting on the Internet.

AB40, s. 260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

AB40,117,25 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the type of agency consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

AB40, s. 261 Section 261. 16.751 of the statutes is amended to read:

AB40,118,5 16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.

AB40, s. 262 Section 262. 16.752 (8) (e) of the statutes is amended to read:

AB40,118,9 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 commerce safety and professional services.

AB40, s. 263 Section 263. 16.78 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,118,25 16.78 (1) Every agency other than the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department, unless the department requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents Board of Regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department.

AB40, s. 264 Section 264. 16.841 of the statutes is repealed.

AB40, s. 265 Section 265. 16.847 (1) (b) of the statutes is amended to read:

AB40,119,6 16.847 (1) (b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including the University of Wisconsin-Madison and each institution within the University of Wisconsin System.

AB40, s. 266 Section 266. 16.85 (1) of the statutes is amended to read:

AB40,120,2 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87, performed by, or for, the state, or any department, board, institution, commission, or officer of the state, and any such work to be performed for the University of Wisconsin-Madison, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, 37.03, and 37.11, except work to be performed for the University of Wisconsin-Madison with respect to a building, structure, or facility that is funded entirely from sources other than general purpose revenue or general fund supported borrowing; the engineering, architectural, and construction work of the department of transportation ; and the engineering service performed by the department of commerce safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state. The department may not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a child care center primarily for use by children of state employees.

AB40, s. 267 Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,120,23 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87, performed by, or for, the state, or any department, board, institution, commission, or officer of the state, and any such work to be performed for the University of Wisconsin-Madison, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, 36.11, 37.03, and 37.11, except work to be performed for the University of Wisconsin-Madison with respect to a building, structure, or facility that is funded entirely from sources other than general purpose revenue or general fund supported borrowing; the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state. The department may not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a child care center primarily for use by children of state employees.

AB40, s. 268 Section 268. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,121,11 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency or the University of Wisconsin-Madison. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 269 Section 269. 16.85 (5) of the statutes is amended to read:

AB40,121,16 16.85 (5) To promote the use of energy conservation methods in state-owned facilities and facilities owned by the University of Wisconsin-Madison, to implement and refine a statewide energy monitoring system and to develop and implement initiatives of replacing fossil fuels with renewable energy fuels.

AB40, s. 270 Section 270. 16.85 (7) of the statutes is amended to read:

AB40,121,24 16.85 (7) To rebuild and repair discarded machinery of the several state institutions and the University of Wisconsin-Madison when found feasible, and put the same back into service in the same department or at the university or in any other state department or the university, and upon requisition to furnish services and material and loan equipment at fair rentals based on the cost thereof, in connection with the construction, operation and maintenance of heating and power plants, utilities and equipment.

AB40, s. 271 Section 271. 16.85 (10) of the statutes is amended to read:

AB40,122,5 16.85 (10) To prepare in cooperation with the state agencies concerned and with the University of Wisconsin-Madison, plans for the future growth and development of various state institutions and to serve as technical adviser to the building commission in connection with the development of the state long-range building program provided in ss. 13.48 and 13.482.

AB40, s. 272 Section 272. 16.85 (12) of the statutes is amended to read:

AB40,122,14 16.85 (12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications. This subsection does not apply to any building, structure, or facility that is constructed. remodeled, repaired, renewed, or expanded for the University of Wisconsin-Madison if the project is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 273 Section 273. 16.851 of the statutes is amended to read:

AB40,123,2 16.851 Plans for state and university buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department and the University of Wisconsin-Madison containing plans or specifications for any state-owned or state-leased or any university-owned or university-leased building, structure or facility, or any proposed state-owned or state-leased or university-owned or university-leased building, structure or facility, are not subject to the right of public inspection or copying under s. 19.35 (1). If the department or the University of Wisconsin-Madison transfers any records containing any such plans or specifications to any other authority as defined in s. 19.32 (1), the department or university shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.

AB40, s. 274 Section 274. 16.8511 of the statutes is amended to read:

AB40,123,8 16.8511 Secretary of administration; powers, duties. (1) The secretary or the secretary's designated assistants shall make a biennial inspection of each building of each institution of the state and the University of Wisconsin-Madison. The secretary may delegate this responsibility to the board, commission or officer in charge of such institution.

AB40,123,14 (2) The secretary may delegate any of the work under this subchapter to the various state agencies or to the University of Wisconsin-Madison when the secretary determines that the best interests of the state or the university will be served. All such delegation will be in writing and accompanied by the proper rules and guidelines the agencies or the university must follow to ensure performance to the satisfaction of the secretary.

AB40, s. 275 Section 275. 16.854 (1) (a) of the statutes is amended to read:

AB40,123,17 16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 276 Section 276. 16.854 (1) (b) of the statutes is amended to read:

AB40,123,20 16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 277 Section 277. 16.855 (2) (intro.) of the statutes is amended to read:

AB40,123,24 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000, or if less and in the best interest of the state or the University of Wisconsin-Madison, the department shall:

AB40, s. 278 Section 278. 16.855 (2) (b) 2. of the statutes is amended to read:

AB40,124,4 16.855 (2) (b) 2. If the federal government participates in a state or University of Wisconsin-Madison project, the bid guarantee required in this paragraph controls, unless the federal government makes a specific provision for a different bid guarantee.

AB40, s. 279 Section 279. 16.855 (5) of the statutes is amended to read:

AB40,124,8 16.855 (5) Any or all bids may be rejected if, in the opinion of the department, it is in the best interest of the state or the University of Wisconsin-Madison. The reasons for rejection shall be given to the bidder or bidders in writing.

AB40, s. 280 Section 280. 16.855 (7) of the statutes is amended to read:

AB40,124,12 16.855 (7) The department may issue contract change orders, if they are deemed to be in the best interests of the state or the University of Wisconsin-Madison.

AB40, s. 281 Section 281. 16.855 (10) of the statutes is amended to read:

AB40,124,18 16.855 (10) When the department believes that it is in the best interests of the state or the University of Wisconsin-Madison to contract for certain articles or materials available from only one source, it may contract for said articles or materials without the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.

AB40, s. 282 Section 282. 16.855 (10m) (ac) of the statutes is amended to read:

AB40,124,22 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 283 Section 283. 16.855 (10n) (a) of the statutes is amended to read:

AB40,124,25 16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 284 Section 284. 16.855 (13) (c) of the statutes is amended to read: