2019 - 2020 LEGISLATURE
June 7, 2019 - Introduced by Senators Craig, Jacque, Nass, Stroebel and Bernier,
cosponsored by Representatives Sanfelippo, Brandtjen, Dittrich, Gundrum,
Hutton, Jagler, Knodl, Kuglitsch, Magnafici, Neylon, Ott, Quinn,
Ramthun, Sortwell, Tusler, Wichgers and Plumer. Referred to Committee
on Transportation, Veterans and Military Affairs.
SB284,1,2 1An Act to amend 84.06 (2) (a); and to create 84.06 (2) (c) of the statutes;
2relating to: bidding procedures for highway improvements.
Analysis by the Legislative Reference Bureau
Under current law, highway improvement projects undertaken by the
Department of Transportation, with limited exceptions, must be executed by
contract based on bids. Under this bill, with an exception, if only one bid from a
competent bidder is received for a contract and the bid is in excess of 110 percent of
the estimated reasonable value of the work, DOT must reject the bid and readvertise
the contract for bids in a manner likely to increase the number of bidders.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB284,1 3Section 1. 84.06 (2) (a) of the statutes is amended to read:
SB284,2,174 84.06 (2) (a) All such highway improvements shall be executed by contract
5based on bids unless the department finds that another method as provided in sub.
6(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in

1the manner determined by the department. Except as provided in par. (c) and s.
284.075, the contract shall be awarded to the lowest competent and responsible bidder
3as determined by the department. If the bid of the lowest competent bidder is
4determined by the department to be in excess of the estimated reasonable value of
5the work or not in the public interest, all bids may be rejected. The department shall,
6so far as reasonable, follow uniform methods of advertising for bids and may
7prescribe and require uniform forms of bids and contracts. Except as provided in par.
8(b), the secretary shall enter into the contract on behalf of the state. Every such
9contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
10ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Any such contract
11involving an expenditure of $1,000 or more shall not be valid until approved by the
12governor. The secretary may require the attorney general to examine any contract
13and any bond submitted in connection with the contract and report on its sufficiency
14of form and execution. The bond required by s. 779.14 (1m) is exempt from approval
15by the governor and shall be subject to approval by the secretary. This subsection
16also applies to contracts with private contractors based on bids for maintenance
17under s. 84.07.
SB284,2 18Section 2. 84.06 (2) (c) of the statutes is created to read:
SB284,3,219 84.06 (2) (c) Except as provided in the paragraph, if the department receives
20only one bid for a contract from a competent bidder and the bid exceeds 110 percent
21of the estimated reasonable value of the work under the contract, as determined by
22the department, the department shall reject the bid and readvertise the contract for
23bids. Notwithstanding par. (b), if the department readvertises for bids under this
24paragraph, it shall advertise in a manner likely to increase the number of bidders.
25If the department determines that readvertising the contract for bids will adversely

1affect public safety, the department may award the contract to the sole bidder if, upon
2request, the joint committee on finance approves the award.
SB284,3 3Section 3. Initial applicability.
SB284,3,54 (1) This act first applies to a contract advertised for bids on the effective date
5of this subsection.
SB284,3,66 (End)