2011 Wisconsin Act 32

16.705 (1p) Subsection (1) does not apply to an agreement entered into by the department of veterans affairs under s. 45.50 (2m) (c).

32,235m Section 235m. 16.705 (1r) (d) of the statutes is amended to read:

16.705 (1r) (d) Contractual services purchased by the Board of Regents of the University of Wisconsin System with moneys appropriated under s. 20.285 (1) (j), (ja), (jm), (ge), (u), or (w) or (5) (j).

32,236 Section 236. 16.705 (1r) (e) of the statutes is created to read:

16.705 (1r) (e) Contractual services purchased by the University of Wisconsin-Madison with moneys appropriated under s. 20.285 (1) (ge), (u), or (w).

32,237g Section 237g. 16.705 (2) of the statutes is amended to read:

16.705 (2) The department shall promulgate rules for the procurement of contractual services by the department and its designated agents, including but not limited to rules prescribing approval and monitoring processes for contractual service contracts, a requirement for agencies, except for the University of Wisconsin System, to conduct a uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 in accordance with standards prescribed in the rules, and a requirement for agencies to review periodically, and before any renewal, the continued appropriateness of contracting under each contractual services agreement involving an estimated expenditure of more than $25,000. Each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and ss. 16.71 to 16.77.

32,238g Section 238g. 16.705 (3) (intro.) of the statutes is amended to read:

16.705 (3) (intro.) The director of the office of state employment relations, prior to award, under conditions established by rule of the department, shall review contracts for contractual services in order to ensure that all agencies except for the University of Wisconsin System:

32,239g Section 239g. 16.705 (8) (intro.) of the statutes is amended to read:

16.705 (8) (intro.) The department shall, annually on or before October 15, submit to the governor, the joint committee on finance, the joint legislative audit committee and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), a report concerning the number, value and nature of contractual service procurements authorized for each agency, except the University of Wisconsin System, during the preceding fiscal year. The report shall also include, with respect to contractual service procurements by agencies, except the University of Wisconsin System, for the preceding fiscal year:

32,240 Section 240. 16.705 (9) of the statutes is created to read:

16.705 (9) The department shall maintain a list of persons that are or have been a party to a contract with the state under this subchapter who have violated a provision of this subchapter or a contract under this subchapter. The parties on the list are ineligible for state contracts and no state contract may be awarded to a party on the ineligible list. The department may remove any party from the ineligible list if the department determines that the party's practices comply with this subchapter and provide adequate safeguards against future violations of this subchapter or contracts under this subchapter.

32,241c Section 241c. 16.71 (1m) of the statutes is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49) 36.585.

32,241f Section 241f. 16.71 (1m) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. The department may delegate this authority to the University of Wisconsin-Madison. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

32,241h Section 241h. 16.71 (4) of the statutes is created to read:

16.71 (4) The department shall delegate to the Board of Regents of the University of Wisconsin System and to 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 do not commonly purchase.

32,242 Section 242. 16.72 (2) (d) of the statutes is repealed.

32,243 Section 243. 16.72 (8) of the statutes is amended to read:

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 of the University of Wisconsin System, and the University of Wisconsin-Madison.

32,244 Section 244. 16.73 (5) of the statutes is amended to read:

16.73 (5) If After the department designates the board of regents of the University of Wisconsin System or designates the University of Wisconsin-Madison as its purchasing agent for any purpose under s. 16.71 (1), the board or the University of Wisconsin-Madison may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board or the University of Wisconsin-Madison 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.

32,245g Section 245g. 16.75 (1) (b) of the statutes is renumbered 16.75 (1) (b) 1. and amended to read:

16.75 (1) (b) 1. When Except as provided in subd. 2., when the estimated cost exceeds $25,000, the department shall invite bids to be submitted. The

3. If subd. 1. or 2. requires bids to be solicited, the department shall 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.

32,246g Section 246g. 16.75 (1) (b) 2. of the statutes is created to read:

16.75 (1) (b) 2. If the Board of Regents of the University of Wisconsin System or the University of Wisconsin-Madison is making the purchase, bids are not required if the estimated cost does not exceed $50,000.

32,247g Section 247g. 16.75 (2m) (b) of the statutes is renumbered 16.75 (2m) (b) 1. and amended to read:

16.75 (2m) (b) 1. When Except as provided in subd. 2., when the estimated cost exceeds $25,000, the department may invite competitive sealed proposals by publishing.

3. If competitive sealed proposals are invited, the department shall publish a class 2 notice under ch. 985 or by posting post 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.

32,248g Section 248g. 16.75 (2m) (b) 2. of the statutes is created to read:

16.75 (2m) (b) 2. If the Board of Regents of the University of Wisconsin System or the University of Wisconsin-Madison is making the purchase, competitive sealed proposals are not required if the estimated cost does not exceed $50,000.

32,250 Section 250. 16.75 (3m) (a) 1. of the statutes is amended to read:

16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,251 Section 251. 16.75 (3m) (a) 2. of the statutes is amended to read:

16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,252 Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:

16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,253 Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:

16.75 (3m) (a) 4. "Minority business" means a business certified by the department of commerce administration under s. 560.036 16.287 (2).

32,254 Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

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 administration under s. 560.036 16.287 (2).

32,255 Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

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 administration under s. 560.0335 16.283 (3).

32,256 Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

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:

32,257 Section 257. 16.75 (4) (b) of the statutes is amended to read:

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).

32,260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

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.

32,261 Section 261. 16.751 of the statutes is amended to read:

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.

32,262 Section 262. 16.752 (8) (e) of the statutes is amended to read:

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.

32,263 Section 263. 16.78 (1) of the statutes is amended to read:

16.78 (1) Every agency other than the board of regents of the University of Wisconsin System, 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 of the University of Wisconsin System and the University of Wisconsin-Madison may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department.

32,264 Section 264. 16.841 of the statutes is repealed.

32,265g Section 265g. 16.848 (1) of the statutes is amended to read:

16.848 (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell offer for sale any state-owned real property, if the department determines that the sale is in the best interest of the state. The Any sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices. If the department receives an offer to purchase property offered under this subsection, the department may submit a report to the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The department may recommend the sale of a parcel of property with or without the approval of the agency, as defined in s. 16.52 (7), having jurisdiction of the property. If the building commission approves the proposed sale, the department may sell the property.

32,265h Section 265h. 16.848 (3) of the statutes is repealed.

32,265i Section 265i. 16.848 (4) of the statutes is renumbered 16.848 (4) (a) and amended to read:

16.848 (4) (a) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection paragraph, the department shall deposit use the net proceeds or remaining net proceeds in the general fund to pay principal and interest costs on other outstanding public debt.

32,265j Section 265j. 16.848 (4) (b) of the statutes is created to read:

16.848 (4) (b) For the purpose of paying principal and interest costs on other outstanding public debt under par. (a), the secretary may cause outstanding bonds to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem bonds at their optional redemption date, or purchase bonds in the open market. To the extent practical, the secretary shall consider all of the following in determining which public debt to redeem:

1. According preference to the redemption of general obligation debt within the same statutory bond purpose that was used to acquire, build, or improve the property being sold.

2. Maintaining compliance with federal tax law applicable to the general obligation debt that was issued to acquire, build, or improve the property being sold.

3. The extent to which general obligation debt that was issued to acquire, build, or improve the property being sold is subject to current optional redemption, would require establishment of an escrow, or could be assigned for accounting purposes to another statutory bond purpose.

4. The fiscal benefit of redeeming outstanding debt with higher interest costs.

5. The costs of federal tax law compliance in the selection of general obligation debt to be redeemed.

32,266 Section 266. 16.85 (1) of the statutes is amended to read:

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, 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, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system, and except 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.

32,267 Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

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, 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, except 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.

32,268 Section 268. 16.85 (12) of the statutes is amended to read:

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 System involving a cost of less than $500,000 if the project is funded entirely from the proceeds of gifts or grants made to the system.

32,275 Section 275. 16.854 (1) (a) of the statutes is amended to read:

16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

32,276 Section 276. 16.854 (1) (b) of the statutes is amended to read:

16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,276m Section 276m. 16.855 (1) of the statutes is amended to read:

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 $50,000, except for construction work authorized under s. 16.858 and except as provided in sub. (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.

32,277 Section 277. 16.855 (2) (intro.) of the statutes is amended to read:

16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000 $50,000, or if less and in the best interest of the state, the department shall:

32,282 Section 282. 16.855 (10m) (ac) of the statutes is amended to read:

16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,283 Section 283. 16.855 (10n) (a) of the statutes is amended to read:

16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 16.287 (1) (f).