Amendment ASA1-AB432

LRBs0237/1

CMH:wlj:kf

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 432

January 30, 2014 - Offered by Representatives Clark and Smith.

AB432-ASA1,1,6 An Act to repeal 16.75 (1) (b) 2. and 16.75 (2m) (b) 2.; to renumber and amend 16.75 (1) (a) 1., 16.75 (1) (b) 1. and 16.75 (2m) (b) 1.; to amend 16.75 (1) (b) 3. and 16.75 (2m) (a); and to create 16.75 (1) (a) 1. c., 16.75 (1) (b) 1g., 16.75 (1) (b) 2m., 16.75 (2m) (b) 1g. and 16.75 (2m) (b) 2m. of the statutes; relating to: the purchase of food by the Board of Regents of the University of Wisconsin System.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB432-ASA1,1 Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 16.75 (1) (a) 1. a. and amended to read:

AB432-ASA1,2,4 16.75 (1) (a) 1. a. 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), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration to be determined as provided in subd. 1. b. and c.

AB432-ASA1,2,9 b. Except as provided in subd. 1. c., the person who determines the lowest responsible bidder shall consider 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.

AB432-ASA1,2 Section 2. 16.75 (1) (a) 1. c. of the statutes is created to read:

AB432-ASA1,2,14 16.75 (1) (a) 1. c. If the Board of Regents of the University of Wisconsin-System is purchasing food and the purchase is subject to par. (b), factors other than price may not comprise more than 50 percent of the total factors used to determine the lowest responsible bidder.

AB432-ASA1,3 Section 3. 16.75 (1) (b) 1. of the statutes is renumbered 16.75 (1) (b) 1m. and amended to read:

AB432-ASA1,2,18 16.75 (1) (b) 1m. Except as provided in subd. 2. 2m., when the estimated cost exceeds $25,000 $50,000, the department shall invite bids to be submitted.

AB432-ASA1,4 Section 4. 16.75 (1) (b) 1g. of the statutes is created to read:

AB432-ASA1,2,21 16.75 (1) (b) 1g. In this paragraph, "produced" means grown or processed in a manner that added at least 51 percent of its present value to the food item.

AB432-ASA1,5 Section 5. 16.75 (1) (b) 2. of the statutes is repealed.

AB432-ASA1,6 Section 6. 16.75 (1) (b) 2m. of the statutes is created to read:

AB432-ASA1,3,3 16.75 (1) (b) 2m. If the Board of Regents of the University of Wisconsin-System is purchasing food and the food is produced within a 100-mile radius of the site to which the food will be delivered, the person who produced the food or who distributes the food may receive the award without submitting a bid if the estimated cost does not exceed $100,000.

AB432-ASA1,7 Section 7. 16.75 (1) (b) 3. of the statutes is amended to read:

AB432-ASA1,3,16 16.75 (1) (b) 3. If subd. 1. or 2. 1m. requires bids to be solicited, the department either shall 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.

AB432-ASA1,8 Section 8. 16.75 (2m) (a) of the statutes is amended to read:

AB432-ASA1,3,25 16.75 (2m) (a) Except as otherwise required by law, if the secretary or his or her designee determines that the use of competitive sealed bidding is not practicable or not advantageous to this state, the department may solicit competitive sealed proposals. Each request for competitive sealed proposals shall state the relative importance of price and other evaluation factors. If the Board of Regents of the University of Wisconsin-System is purchasing food, factors other than price may not comprise more than 50 percent of the total factors used to determine the most competitive sealed proposal.

AB432-ASA1,9 Section 9. 16.75 (2m) (b) 1. of the statutes is renumbered 16.75 (2m) (b) 1m. and amended to read:

AB432-ASA1,4,4 16.75 (2m) (b) 1m. Except as provided in subd. 2. 2m., when the estimated cost exceeds $25,000 $50,000, the department may invite competitive sealed proposals.

AB432-ASA1,10 Section 10. 16.75 (2m) (b) 1g. of the statutes is created to read:

AB432-ASA1,4,7 16.75 (2m) (b) 1g. In this paragraph, "produced" has the meaning given in sub. (1) (b) 1g.

AB432-ASA1,11 Section 11. 16.75 (2m) (b) 2. of the statutes is repealed.

AB432-ASA1,12 Section 12. 16.75 (2m) (b) 2m. of the statutes is created to read:

AB432-ASA1,4,14 16.75 (2m) (b) 2m. If the Board of Regents of the University of Wisconsin-System is purchasing food and the food is produced within a 100-mile radius of the site to which the food will be delivered, the person who produced the food or who distributes the food may receive the award without submitting a competitive sealed proposal if the estimated cost does not exceed $100,000.

AB432-ASA1,13 Section 13. Initial applicability.

AB432-ASA1,4,17 (1) This act first applies with respect to bids or proposals solicited on the effective date of this subsection.

AB432-ASA1,4,18 (End)