Amendment SE5 SA9-AB1

LRBa2294/1

JTK:ggw:jlb

September 1995 Special Session

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 9, To ASSEMBLY BILL 1

October 5, 1995 - Offered by Senators Risser, Chvala, Decker and Shibilski.

AB1-SA9,1,1 At the locations indicated, amend the engrossed bill as follows:

AB1-SA9,1,2 1. Page 7, line 2: after that line insert:

AB1-SA9,1,3 " Section 3b. 16.752 (1) (cm) of the statutes is created to read:

AB1-SA9,1,5 16.752 (1) (cm) "Professional baseball park district" means a district created under subch. III of ch. 229.

AB1-SA9, s. 3c Section 3c. 16.752 (1) (b), (e) 1., (f), (g) and (i) of the statutes are amended to read:

AB1-SA9,1,10 16.752 (1) (b) Aid in the identification of materials, supplies, equipment and contractual services to be procured by agencies from work centers by agencies and professional baseball park districts.

AB1-SA9,1,13 (e) 1. A summary of materials, supplies, equipment and contractual services purchased by agencies from work centers by agencies and professional baseball park districts.

AB1-SA9,2,2 (f) At least annually, conduct a review of the prices paid by agencies and professional baseball park districts for the materials, supplies, equipment and contractual services provided by work centers and make any adjustments necessary to establish fair market price.

AB1-SA9,2,9 (g) Promulgate rules regarding specifications, time of delivery and designation of materials, supplies, equipment and contractual services to be supplied by work centers. The board shall maintain a list of each material, supply, piece of equipment or contractual service to be supplied by work centers, and shall assign a number to each item on the list. Specifications of the board shall be consistent with specifications prescribed by agencies and professional baseball park districts for which procurements are made.

AB1-SA9,2,12 (i) Prescribe a surcharge to be paid by each agency and professional baseball park district, which shall be payable to the department within a time and in accordance with a procedure specified by the board.

AB1-SA9, s. 3d Section 3d. 16.752 (8) (a), (9), (12) (a), (c), (d) and (e) and (13) (a) (intro.), (b) and (c) of the statutes are amended to read:

AB1-SA9,2,16 16.752 (8) (a) Furnish materials, supplies, equipment and services in strict accordance with orders issued by agencies and professional baseball park districts.

AB1-SA9,2,21 (9) Purchase of raw materials. Work centers shall seek broad competition in the purchase of raw materials and components used in the materials, supplies, equipment or services provided under this section to agencies under this section and professional baseball park districts. Work centers shall inform the board before entering into multiyear contracts for such raw materials and components.

AB1-SA9,2,25 (12) (a) Except as provided in pars. (c), (d), (h) and (i) and as authorized under sub. (13), agencies and professional baseball park districts shall obtain materials, supplies, equipment and services on the list maintained by the board under sub. (2) (g) from work centers qualified under sub. (7).

AB1-SA9,3,3 (c) Agencies and professional baseball park districts shall issue purchase orders with sufficient time for the appropriate work center to produce the materials, supplies or equipment or provide the services required.

AB1-SA9,3,6 (d) If any commodity on the list maintained under sub. (2) (g) is also produced at an institution of the state and the commodity conforms to the specifications on the list, the an ordering agency shall purchase the commodity from the institution.

AB1-SA9,3,11 (e) If a specific material, supply or piece of equipment on the list maintained under sub. (2) (g) also appears on the list of materials, supplies and equipment supplied by the prison industries under s. 16.75 (3t) (c), the an ordering agency shall notify and provide prison industries with the opportunity to fill the order prior to placing an order.

AB1-SA9,3,15 (13) (a) (intro.) Grant written authorization to an ordering agency or professional baseball park district to procure materials, supplies, equipment or services on the list maintained under sub. (2) (g) from commercial sources when all of the following conditions are met:

AB1-SA9,3,19 (b) Issue an authorization to an ordering agency or professional baseball park district to procure materials, supplies, equipment or services from commercial sources when the quantity involved is not sufficient for the economical production or provision by the work center to which the order is assigned.

AB1-SA9,3,24 (c) Issue authorizations under pars. (a) and (b) promptly upon request of an ordering agency or professional baseball park district. The authorization shall be in the form of a certificate which shall specify the quantities and delivery period covered by the authorization. The organization shall transmit a copy of each certificate to the board.

AB1-SA9, s. 3e Section 3e. 16.752 (14) (d), (15), (17) and (18) (b) of the statutes are amended to read:

AB1-SA9,4,5 16.752 (14) (d) Delivery of an order is accomplished when a shipment is received and accepted by the purchasing agency or professional baseball park district.

AB1-SA9,4,9 (15) Adjustment and cancellation of orders. If a work center fails to comply with the terms of an order from an agency or professional baseball park district, the ordering agency or district shall make every effort to negotiate adjustments before canceling the order.

AB1-SA9,4,13 (17) Quality control. (a) Materials, supplies and equipment furnished by work centers under specifications issued by an agency or professional baseball park district shall be manufactured by work centers in strict accordance with the specifications.

AB1-SA9,4,17 (b) Services provided by work centers under specifications issued by an agency or professional baseball park district shall be performed by work centers in strict accordance with the specifications. If no specifications exist, the services shall be performed by work centers in accordance with good commercial practices.

AB1-SA9,4,24 (c) If the quality of a material, supply, piece of equipment or service received from a work center is not satisfactory to the contracting agency or professional baseball park district, the agency or district shall advise the board and, if the board determines that the quality of the material, supply, equipment or service is unsatisfactory, the board shall suspend the eligibility of the work center which provided the material, supply or equipment or which performed the service to participate in the program established under this section.

AB1-SA9,5,4 (18) (b) If an agency or professional baseball park district makes substantial changes in a specification on the list maintained under sub. (2) (g) the board shall assign a new item number. The agency or district shall notify the board of the changes prior to their effective date.

AB1-SA9, s. 3f Section 3f. 16.765 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-SA9,5,15 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB1-SA9, s. 3g Section 3g. 16.765 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-SA9,6,8 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause."

AB1-SA9, s. 3h Section 3h. 16.765 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-SA9,6,15 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall take appropriate action to revise the standard government contract forms under this section.

AB1-SA9, s. 3j Section 3j. 16.765 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-SA9,7,6 16.765 (5) The head of each contracting agency and, the boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation and the district board of each local professional baseball park district created under subch. III of ch. 229 shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and, the boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation and the district board of each local professional baseball park district created under subch. III of ch. 229 for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB1-SA9, s. 3L Section 3L. 16.765 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-SA9,7,15 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or a local professional baseball park district created under subch. III of ch. 229 for processing in accordance with the department's procedures.

AB1-SA9, s. 3n Section 3n. 16.765 (7) (intro.) and (d) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1-SA9,7,23 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or a local professional baseball park district created under subch. III of ch. 229, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or the district shall:

AB1-SA9,8,2 (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or the district.

AB1-SA9, s. 3p Section 3p. 16.765 (8) of the statutes is amended to read:

AB1-SA9,8,14 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency or, the Bradley center sports and entertainment corporation or the local professional baseball park district created under subch. III of ch. 229 may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency or, the Bradley center sports and entertainment corporation or the district shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency or, the Bradley center sports and entertainment corporation or the district may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.".

AB1-SA9,8,17 2. Page 7, line 9: delete lines 9 and 10 and substitute: "to provide any such services is subject to s. 16.705 or 16.75 (1) (a) 1. and 3., (b) and (c), (1m) to (5) and (8) to (10).".

AB1-SA9,8,19 3. Page 9, line 10: delete the material beginning with "Sections" and ending with the period on line 11.

AB1-SA9,8,20 4. Page 9, line 11: after that line insert:

AB1-SA9,8,22 " Section 6g. 16.855 (1) and (10m) (a) and (c) of the statutes are amended to read: