Register March 2012 No. 675
Chapter Adm 10
CONTRACTUAL SERVICES
Adm 10.035 Cost-benefit analysis.
Adm 10.037 Continued appropriateness of contracting.
Adm 10.038 Submittal of cost-benefit analysis.
Adm 10.039 Effective date.
Adm 10.04 Prior approval.
Adm 10.06 Competitive bidding.
Adm 10.08 Competitive negotiation.
Adm 10.09 Noncompetitive negotiation.
Adm 10.11 Purchase orders.
Adm 10.12 Contract administration.
Adm 10.13 Delegation of authority.
Adm 10.14 Performance of contractors.
Adm 10.01
Adm 10.01 Authority. Section
16.705, Stats., requires the department to adopt rules for the procurement of contractual services.
Adm 10.01 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
Adm 10.02
Adm 10.02 Purpose. The purposes of this chapter are as follows:
Adm 10.02(1)
(1) To ensure that contracts for contractual services are entered into only in the best interests of the state.
Adm 10.02(2)
(2) To ensure that the state will procure at the lowest possible price, without sacrifice in quality, the contractual services required for the optimum performance of state government functions.
Adm 10.02(3)
(3) To establish policies and procedures for the procurement of contractual services.
Adm 10.02(4)
(4) To create standards and procedures for conducting a cost-benefit analysis before contracting out for any service procurement involving an estimated expenditure of more than $25,000.
Adm 10.03(1)
(1) “
Bidder" means a person or firm who submits a competitive bid in response to an invitation for bids and a set of specifications.
Adm 10.03(2)
(2) “Contracting agency" means the state agency that executes a purchase order for contractual services.
Adm 10.03(4)
(4) “Department" means the department of administration.
Adm 10.03(5)
(5) “Materials" as used in the definition of “contractual services" in s.
16.70 (3), Stats., and
sub. (3) means reports which are incidental to the required performance under the contract but are not a specific end product.
Adm 10.03(6)
(6) “Procurement commodity bulletin" means the document issued by the department in response to a request for purchasing authority that establishes the procedures to be used in making the procurement.
Adm 10.03 Note
Note: A procurement commodity bulletin form AD-P-105 may be obtained from the Department of Administration, Bureau of Procurement, P.O. Box 7867, Madison, Wisconsin 53707.
Adm 10.03(7)
(7) “Procuring agency" means the state agency which conducts the purchasing transaction.
Adm 10.03(8)
(8) “Proposer" means a person or firm who submits a competitive proposal in response to a request for proposals (RFP).
Adm 10.03(9)
(9) “Purchase order" means a state purchase order form used to offer to contract with a vendor.
Adm 10.03 Note
Note: A purchase order form AD-P-10 may be obtained from the Department of Administration, Bureau of Procurement, P.O. Box 7867, Madison, Wisconsin 53707.
Adm 10.03(10)
(10) “Request for proposals" or “RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.
Adm 10.03(11)
(11) “Request for purchasing authority" or “RPA" means the form and all attached materials that are submitted by a state agency to the department to initiate any procurement of contractual services.
Adm 10.03 Note
Note: A request for purchasing authority (RPA) Form AD-P-112 may be obtained from the Department of Administration, Bureau of Procurement, P.O. Box 7867, Madison, Wisconsin 53707.
Adm 10.03(12)
(12) “Secretary" means the secretary of the department.
Adm 10.03(13)
(13) “State agency" or “agency" means any department, board, commission, independent agency, or any other separate entity established by statute or by constitution in the state government, including the legislature.
Adm 10.03 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83; corrections in (3) and (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register January 2004 No. 577.
Adm 10.035(1)
(1)
Analysis. A uniform cost-benefit analysis shall be completed by a contracting agency or its designated agents of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 annually. Each cost-benefit analysis shall include the information set forth in
subs. (2) to
(6);
Adm 10.035(2)
(2) Service overview. A cost-benefit analysis shall provide the following:
Adm 10.035(2)(a)
(a) A justification for the request written in clear, non-technical language that can be understood by persons who may not be directly involved in or familiar with the proposed service, with all acronyms fully defined.
Adm 10.035(2)(b)
(b) A list and description of any federal mandates, state statutes or administrative rules that dictate how the proposed service must be performed.
Adm 10.035(3)
(3) Total cost. Each proposed contractual service procurement shall include a total cost component. For each proposed contractual service procurement involving an estimated expenditure of more than $25,000 annually, an agency shall provide a detailed cost-benefit analysis showing that the proposed service can be performed more economically or efficiently by contract rather than by current state employees or by hiring permanent, project or limited term employees. The consideration of relevant costs shall include, but not be limited to, wage and salary costs, fringe benefits costs, administrative overhead costs, other operating costs, material costs, insurance costs, facility costs, contract price, contract monitoring, and one-time conversion costs. The agency shall use and submit the State of Wisconsin Cost Analysis Methodology as set forth in the State Procurement Manual.
Adm 10.035 Note
Note: To request the State of Wisconsin Cost Analysis Methodology set forth in the State Procurement Manual, please contact the State Bureau of Procurement, P.O. Box 7867, Madison, Wisconsin 53707-7867 or (608) 266-2605.
Adm 10.035(4)
(4) Quality. A description of the proposed service to be performed, a list of items to be delivered, any specific conditions to be required of the contractor, and how the agency will ensure that the contractor will provide services and quality as promised without financial losses to the State.
Adm 10.035(5)(a)(a)
Capacity. A description whether agency employees have the capacity to perform the proposed service.
Adm 10.035(5)(b)
(b)
Expertise. A description whether the agency employees have the expertise to perform the proposed service.
Adm 10.035(6)(a)(a)
Timeliness. A complete schedule and timetable for the proposed service.
Adm 10.035(6)(b)
(b)
Project term. A statement indicating whether the proposed service is a short-term project or is a long-term need for the agency.
Adm 10.035 History
History: Emerg. cr. eff. 7-1-06;
CR 06-090: cr.
Register December 2006 No. 612, eff. 1-1-07.
Adm 10.037
Adm 10.037 Continued appropriateness of contracting. The department or its designated agents shall review periodically, and before any renewal, the continued appropriateness of contracting under each contractual service agreement involving an estimated annual expenditure of more than $25,000.
Adm 10.037 History
History: Emerg. cr. eff. 7-1-06;
CR 06-090: cr.
Register December 2006 No. 612, eff. 1-1-07.
Adm 10.038
Adm 10.038 Submittal of cost-benefit analysis. The department or its designated agents shall submit the original cost-benefit analysis in
s. Adm 10.035 and continued appropriateness of contracting periodic reviews in
s. Adm 10.037 to the department of administration, bureau of procurement.
Adm 10.038 History
History: Emerg. cr. eff. 7-1-06;
CR 06-090: cr.
Register December 2006 No. 612, eff. 1-1-07.
Adm 10.039
Adm 10.039 Effective date. The requirements of this rule apply to all contracts for which solicitation of interest date is after June 30, 2006.
Adm 10.039 History
History: CR 06-090: cr.
Register December 2006 No. 612, eff. 1-1-07.
Adm 10.04(1)
(1)
Application. Prior to taking any contractual services procurement action, an agency shall file an RPA with the department, that includes the information specified in
s. Adm 10.05 (1), the proposed method of procurement, the proposed evaluation procedure and the method of selecting the membership of any evaluation committee.
Adm 10.04(2)
(2) Consolidation of transactions. An agency may consolidate repetitive and similar transactions into a general request for prior approval. Such general prior approval may be issued by the department for a specific period of time, not to exceed one calendar year.
Adm 10.04(3)
(3) Procurement commodity bulletin. The department shall issue a procurement commodity bulletin if it approves the RPA.
Adm 10.04(4)
(4) Prohibition. No contract for contractual services shall be entered into and no payment to any contractor shall be made unless the department has issued a procurement commodity bulletin for that contract.
Adm 10.04 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
Adm 10.05(1)
(1)
Contents of justification. Each RPA shall include the following:
Adm 10.05(1)(a)
(a) A reference to the federal law or regulation or state law which requires or authorizes the procurement of the contractual services;
Adm 10.05(1)(b)
(b) A description of the services to be performed, a list of any items to be delivered, complete schedules and timetables, and any other specific conditions to be required of the contractor;
Adm 10.05(1)(c)
(c) A statement showing why the services can be performed more economically or efficiently by contract rather than by current state employees or by hiring permanent, project, or limited term employees. The consideration of costs shall include, but not be limited to, the costs of salaries, fringe benefits, training and unemployment compensation payments;
Adm 10.05(1)(d)
(d) A statement showing why the proposed procurement is in compliance with the applicable state collective bargaining agreements and that the labor organization or organizations representing the appropriate certified collective bargaining unit or units have been notified of the proposed procurement;
Adm 10.05(1)(e)
(e) A statement showing why it is not possible to have the services performed by another state agency; and
Adm 10.05(1)(f)
(f) A statement indicating that competitive bidding will be used or why competitive bidding cannot be used and the justification for using the proposed alternative.
Adm 10.05(2)
(2) Office of state employment relations. If the department is not satisfied with the justification required by
sub. (1) (c),
(d) and
(e), the department shall submit the RPA to the director of the office of state employment relations for review and shall notify the labor organization or organizations representing the appropriate certified collective bargaining unit or units. The RPA may not be approved unless the director of the office of state employment relations or his or her designee determines that the RPA complies with the provisions of s.
16.705 (3), Stats.
