Amendment SE5 SA9-AB1

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:

AB1-SA9,9,10 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work to be performed for the state or to be performed for any local professional baseball park district under s. 16.854 when the estimated construction cost of the project exceeds $30,000, 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.

AB1-SA9,9,16 (10m) (a) In Except as provided in s. 16.854, in awarding construction contracts the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is awarded to contractors and subcontractors which are minority businesses, as defined under s. 16.75 (3m) (a). The department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.

AB1-SA9,9,19 (c) The department shall maintain and annually publish data on contracts awarded to minority businesses under this subsection and ss. 16.854, 16.87 and 84.075.

AB1-SA9, s. 6r Section 6r. 16.87 (2) and (3) of the statutes are amended to read:

AB1-SA9,9,25 16.87 (2) A contract for engineering services or architectural services or a contract involving an expenditure of $2,500 or more for construction work, or $20,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission or officer of the state or to any local professional baseball park district under subch. III of ch. 229, if the department provides services to the district under s. 16.854, is exempt from the requirements of ss. 16.705 and 16.75. The Except as provided in s. 16.854, the department shall attempt to ensure that 5% of the total amount expended under this section for such contracts in each fiscal year is paid to minority businesses, as defined under s. 16.75 (3m) (a).

AB1-SA9,10,15 (3) Except as provided in sub. (4), a contract entered into by the department under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $30,000, approved by the governor. Except as provided in sub. (4), no payment or compensation for work done under any such contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $30,000, the approval of the governor.".

AB1-SA9,10,16 5. Page 31, line 15: after "to" insert "s. 229.70 and".

AB1-SA9,10,18 6. Page 31, line 16: delete the material beginning with "The" and ending with the period on line 19.

AB1-SA9,10,20 7. Page 35, line 25: delete "Minority contracting goals." and substitute "Contracting.".

AB1-SA9,10,21 8. Page 36, line 1: before that line insert:

AB1-SA9,10,22 "(a) "Construction work" has the meaning given in s. 16.87 (1).".

AB1-SA9,10,23 9. Page 36, line 1: substitute "(am)" for "(a)".

AB1-SA9,10,24 10. Page 36, line 5: after that line insert:

AB1-SA9,11,10 "(1b) The district shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except as provided in subs. (1f) and (7). If a bidder is not a Wisconsin firm and the district 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 district 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 district may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB1-SA9,11,12 (1c) Whenever the estimated construction cost of a project exceeds $30,000, or if less and in the best interest of the district, the district shall:

AB1-SA9,11,17 (a) Advertise for proposals by publication of a class 1 notice, under ch. 985, in the official state newspaper. Similar notices may be placed in publications likely to inform potential bidders of the project. The district may solicit bids from qualified contractors to ensure adequate competition. All advertisements shall contain the following information:

AB1-SA9,11,18 1. Location of work and the name of the owner.

AB1-SA9,11,19 2. Scope of the work.

AB1-SA9,11,20 3. Amount of bid guarantee required.

AB1-SA9,11,21 4. Date, time and place of bid opening.

AB1-SA9,11,22 5. Date when, and place where, plans will be available.

AB1-SA9,12,2 (b) Require that a guarantee of not less than 10% of the amount of the bid shall be included with each bid submitted guaranteeing the execution of the contract within 10 days after offering, if offered within 30 days after the date set for the opening thereof. The parties may agree to extend the time for offering of the contract beyond 30 days after the opening of bids.

AB1-SA9,12,5 (c) Publicly open and read aloud, at the time and place specified in the notice, all bids. Within a reasonable time after opening, tabulations of all bids received shall be available for public inspection.

AB1-SA9,12,7 (d) Not allow or make any correction or alteration of a bid, except as provided in s. 66.29 (5).

AB1-SA9,12,9 (1d) Nothing contained in this section shall prevent the district from negotiating deductive changes in the lowest qualified bid.

AB1-SA9,12,11 (1e) The district may issue contract change orders, if they are considered to be in the best interests of the district.

AB1-SA9,12,15 (1f) When the district believes that it is in the best interests of the district to contract for certain articles or materials available from only one source, it may contract for said articles or materials without the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.".

AB1-SA9,12,16 11. Page 37, line 25: after that line insert:

AB1-SA9,12,19 "(7) (a) The district may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.

AB1-SA9,12,21 (b) Upon completion of any contract, the contractor shall report to the district any amount of the contract that was subcontracted to minority businesses.

AB1-SA9,12,23 (c) The district shall maintain and annually publish data on contracts awarded to minority businesses under this section.

AB1-SA9,13,4 (8) For each proposed construction project, the district shall ensure that the specifications require the use of recovered materials and recycled materials, as defined in s. 16.70 (11) and (12), to the extent that such use is technically and economically feasible.

AB1-SA9,13,6 (9) A contractor shall be liable for any damages to another contractor working on the same project caused by reason of the former's default, act or nonperformance.

AB1-SA9,13,10 (10) (a) A list of subcontractors shall not be required to be submitted with the bid. The district may require the successful bidder to submit in writing the names of prospective subcontractors for the district's approval before the award of a contract to the prime contractor.

AB1-SA9,13,13 (b) All subcontractors must be approved in writing by the district prior to their employment. Requests for approval of prospective subcontractors shall be in writing.

AB1-SA9,13,16 (c) Changes may be made in the list of subcontractors, with the agreement of the district and the prime contractor, when in the opinion of the district it is in the best interests of the district to require the change.

AB1-SA9,13,25 (11) (a) If the estimated construction cost of a project exceeds $100,000, the district shall take both single bids and separate bids on any division of the work that it designates. If the estimated construction cost of a project does not exceed $100,000 and bids are required to be solicited under sub. (1c), the district may take single bids or separate bids on any division of the work that it designates. If the district awards contracts by the division of work, the district shall award the contracts according to the division of work selected for bidding. Except as provided in subs. (1f) and (7), the district shall award all contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project.

AB1-SA9,14,5 (b) The district is not liable to a prime contractor for damage from delay caused by another prime contractor if the division takes reasonable action to require the delaying prime contractor to comply with its contract. If the district is not liable under this paragraph, the delayed prime contractor may bring an action for damages against the delaying prime contractor.

AB1-SA9,14,13 (12) If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the district determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the district shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding an order or contract. The district may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB1-SA9,14,14 (13) (a) In this subsection:

AB1-SA9,14,16 1. "Manufactured" means mined, produced, manufactured, fabricated or assembled.

AB1-SA9,14,20 2. "Manufactured in the United States" means that materials are manufactured in whole or in substantial part within the United States or that the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

AB1-SA9,14,22 3. "Materials" means any goods, supplies, equipment or any other tangible products or materials.

AB1-SA9,14,23 4. "Purchase" means acquire by purchase or lease.

AB1-SA9,14,25 (b) When all other factors are substantially equal, the district shall purchase materials which are manufactured to the greatest extent in the United States.

AB1-SA9,15,7 (c) Paragraph (b) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Paragraph (b) does not apply if the district determines that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Paragraph (b) does not apply if the district determines that:

AB1-SA9,15,9 1. The materials are not manufactured in the United States in sufficient or reasonably available quantities; or

AB1-SA9,15,11 2. The quality of the materials is substantially less than the quality of similar available materials manufactured outside of the United States.".

AB1-SA9,15,12 (End)