AB1-SA9,10,21 218. Page 36, line 1: before that line insert:
AB1-SA9,10,22 22"(a) "Construction work" has the meaning given in s. 16.87 (1).".
AB1-SA9,10,23 239. Page 36, line 1: substitute "(am)" for "(a)".
AB1-SA9,10,24 2410. Page 36, line 5: after that line insert:
AB1-SA9,11,10
1"(1b) The district shall let by contract to the lowest qualified responsible bidder
2all construction work when the estimated construction cost of the project exceeds
3$30,000, except as provided in subs. (1f) and (7). If a bidder is not a Wisconsin firm
4and the district determines that the state, foreign nation or subdivision thereof in
5which the bidder is domiciled grants a preference to bidders domiciled in that state,
6nation or subdivision in making governmental purchases, the district shall give a
7preference over that bidder to Wisconsin firms, if any, when awarding the contract,
8in the absence of compelling reasons to the contrary. The district may enter into
9agreements with states, foreign nations and subdivisions thereof for the purpose of
10implementing this subsection.
AB1-SA9,11,12 11(1c) Whenever the estimated construction cost of a project exceeds $30,000, or
12if less and in the best interest of the district, the district shall:
AB1-SA9,11,1713 (a) Advertise for proposals by publication of a class 1 notice, under ch. 985, in
14the official state newspaper. Similar notices may be placed in publications likely to
15inform potential bidders of the project. The district may solicit bids from qualified
16contractors to ensure adequate competition. All advertisements shall contain the
17following information:
AB1-SA9,11,1818 1. Location of work and the name of the owner.
AB1-SA9,11,1919 2. Scope of the work.
AB1-SA9,11,2020 3. Amount of bid guarantee required.
AB1-SA9,11,2121 4. Date, time and place of bid opening.
AB1-SA9,11,2222 5. Date when, and place where, plans will be available.
AB1-SA9,12,223 (b) Require that a guarantee of not less than 10% of the amount of the bid shall
24be included with each bid submitted guaranteeing the execution of the contract
25within 10 days after offering, if offered within 30 days after the date set for the

1opening thereof. The parties may agree to extend the time for offering of the contract
2beyond 30 days after the opening of bids.
AB1-SA9,12,53 (c) Publicly open and read aloud, at the time and place specified in the notice,
4all bids. Within a reasonable time after opening, tabulations of all bids received shall
5be available for public inspection.
AB1-SA9,12,76 (d) Not allow or make any correction or alteration of a bid, except as provided
7in s. 66.29 (5).
AB1-SA9,12,9 8(1d) Nothing contained in this section shall prevent the district from
9negotiating deductive changes in the lowest qualified bid.
AB1-SA9,12,11 10(1e) The district may issue contract change orders, if they are considered to be
11in the best interests of the district.
AB1-SA9,12,15 12(1f) When the district believes that it is in the best interests of the district to
13contract for certain articles or materials available from only one source, it may
14contract for said articles or materials without the usual statutory procedure, after
15a publication of a class 1 notice, under ch. 985, in the official state newspaper.".
AB1-SA9,12,16 1611. Page 37, line 25: after that line insert:
AB1-SA9,12,19 17"(7) (a) The district may award any contract to a minority business that
18submits a qualified responsible bid that is no more than 5% higher than the apparent
19low bid.
AB1-SA9,12,2120 (b) Upon completion of any contract, the contractor shall report to the district
21any amount of the contract that was subcontracted to minority businesses.
AB1-SA9,12,2322 (c) The district shall maintain and annually publish data on contracts awarded
23to minority businesses under this section.
AB1-SA9,13,4
1(8) For each proposed construction project, the district shall ensure that the
2specifications require the use of recovered materials and recycled materials, as
3defined in s. 16.70 (11) and (12), to the extent that such use is technically and
4economically feasible.
AB1-SA9,13,6 5(9) A contractor shall be liable for any damages to another contractor working
6on the same project caused by reason of the former's default, act or nonperformance.
AB1-SA9,13,10 7(10) (a) A list of subcontractors shall not be required to be submitted with the
8bid. The district may require the successful bidder to submit in writing the names
9of prospective subcontractors for the district's approval before the award of a contract
10to the prime contractor.
AB1-SA9,13,1311 (b) All subcontractors must be approved in writing by the district prior to their
12employment. Requests for approval of prospective subcontractors shall be in
13writing.
AB1-SA9,13,1614 (c) Changes may be made in the list of subcontractors, with the agreement of
15the district and the prime contractor, when in the opinion of the district it is in the
16best interests of the district to require the change.
AB1-SA9,13,25 17(11) (a) If the estimated construction cost of a project exceeds $100,000, the
18district shall take both single bids and separate bids on any division of the work that
19it designates. If the estimated construction cost of a project does not exceed $100,000
20and bids are required to be solicited under sub. (1c), the district may take single bids
21or separate bids on any division of the work that it designates. If the district awards
22contracts by the division of work, the district shall award the contracts according to
23the division of work selected for bidding. Except as provided in subs. (1f) and (7), the
24district shall award all contracts to the lowest qualified responsible bidder or bidders
25that result in the lowest total construction cost for the project.
AB1-SA9,14,5
1(b) The district is not liable to a prime contractor for damage from delay caused
2by another prime contractor if the division takes reasonable action to require the
3delaying prime contractor to comply with its contract. If the district is not liable
4under this paragraph, the delayed prime contractor may bring an action for damages
5against the delaying prime contractor.
AB1-SA9,14,13 6(12) If a vendor is not a Wisconsin producer, distributor, supplier or retailer and
7the district determines that the state, foreign nation or subdivision thereof in which
8the vendor is domiciled grants a preference to vendors domiciled in that state, nation
9or subdivision in making governmental purchases, the district shall give a
10preference over that vendor to Wisconsin producers, distributors, suppliers and
11retailers, if any, when awarding an order or contract. The district may enter into
12agreements with states, foreign nations and subdivisions thereof for the purpose of
13implementing this subsection.
AB1-SA9,14,14 14(13) (a) In this subsection:
AB1-SA9,14,1615 1. "Manufactured" means mined, produced, manufactured, fabricated or
16assembled.
AB1-SA9,14,2017 2. "Manufactured in the United States" means that materials are
18manufactured in whole or in substantial part within the United States or that the
19majority of the component parts thereof were manufactured in whole or in
20substantial part in the United States.
AB1-SA9,14,2221 3. "Materials" means any goods, supplies, equipment or any other tangible
22products or materials.
AB1-SA9,14,2323 4. "Purchase" means acquire by purchase or lease.
AB1-SA9,14,2524 (b) When all other factors are substantially equal, the district shall purchase
25materials which are manufactured to the greatest extent in the United States.
AB1-SA9,15,7
1(c) Paragraph (b) does not apply if the materials are purchased for the purpose
2of commercial resale or for the purpose of use in the production of goods for
3commercial sale. Paragraph (b) does not apply if the district determines that the
4foreign nation or subdivision thereof in which the vendor is domiciled does not give
5preference to vendors domiciled in that nation or subdivision in making
6governmental purchases. Paragraph (b) does not apply if the district determines
7that:
AB1-SA9,15,98 1. The materials are not manufactured in the United States in sufficient or
9reasonably available quantities; or
AB1-SA9,15,1110 2. The quality of the materials is substantially less than the quality of similar
11available materials manufactured outside of the United States.".
AB1-SA9,15,1212 (End)
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