AB792-ASA2,6,17 16(5m) The division of legal services shall promulgate rules on all of the
17following:
AB792-ASA2,6,2118 (a) Actions by the person performing the contractual services that would result
19in the agency for which contractual services are performed recovering any
20expenditures for those contractual services that the agency paid to the person
21performing the contractual services.
AB792-ASA2,6,2322 (b) Standard performance measures, including quantifiable benchmark
23indicators, to evaluate persons performing contractual services.
AB792-ASA2,6,2524 (c) Signing bonuses, reimbursements, and per diem costs included in all
25contracts for contractual services.
AB792-ASA2,7,6
1(5r) (a) 1. If the cost of the contractual services exceeds $25,000, any
2expenditures of the person performing the contractual services that exceed its
3original bid by 10 percent or more may not be paid unless the agency for which the
4contractual services are performed notifies the governor and the joint committee on
5finance the amount by which the cost exceeds the original bid and the reason for the
6increase.
AB792-ASA2,7,117 2. Subdivision 1. does not apply to contractual services purchased for the
8University of Wisconsin System, or for any University of Wisconsin System campus
9or institution, if the contractual services are for research or instructional purposes,
10as determined by the University of Wisconsin System or the campus or institution,
11whichever is appropriate.
AB792-ASA2,7,1712 (b) No person performing contractual services under this section may provide
13any salary increase if the salary increase would result in greater expenditures for the
14agency for which the contractual services are performed than the amounts specified
15in the original bid. This restriction under this paragraph on salary increases does
16not apply if the salary increase is in accordance with the terms of a collective
17bargaining agreement.
AB792-ASA2, s. 9 18Section 9. 16.705 (6) of the statutes is renumbered 16.705 (6) (b) and amended
19to read:
AB792-ASA2,8,220 16.705 (6) (b) If the agency for which contractual services are performed under
21a contractual services agreement concludes under par. (a) that the performance was
22unsatisfactory, recovers expenditures because the contractor's actions were listed in
23the rules developed under sub. (5m) (a), or concludes
that the performance was
24unsatisfactory based on factors the agency considers, the agency shall file with the
25department an evaluation of stating that the contractor's performance was

1unsatisfactory
within 60 days after the fulfillment of the agreement. The evaluation
2shall be in such form as the secretary may require.
AB792-ASA2, s. 10 3Section 10. 16.705 (6) (a) of the statutes is created to read:
AB792-ASA2,8,74 16.705 (6) (a) An agency for which contractual services are performed under
5a contractual services agreement shall evaluate the contractual services using the
6standard performance measures and benchmark indicators created under sub. (5m)
7(b). No contract may be renewed until the agency completes the evaluation.
AB792-ASA2, s. 11 8Section 11. 16.705 (7) of the statutes is amended to read:
AB792-ASA2,8,129 16.705 (7) The department shall review evaluations submitted under sub. (6)
10(b) and promulgate rules prescribing procedures to assure that future contracts for
11contractual services are not awarded to contractors whose past performance is found
12to be unsatisfactory, to the extent feasible.
AB792-ASA2, s. 12 13Section 12. 16.705 (8) (a) of the statutes is amended to read:
AB792-ASA2,8,1514 16.705 (8) (a) A summary of the cost-benefit analyses completed by agencies
15in compliance with rules promulgated by the department under sub. (2) (a).
AB792-ASA2, s. 13 16Section 13. 16.705 (8) (am) of the statutes is created to read:
AB792-ASA2,8,1917 16.705 (8) (am) As provided under sub. (2) (b) 2., any services on which agencies
18would have had to perform a cost-benefit analysis or a continued appropriateness
19review but for the exemption under sub. (2) (b) 1. c.
AB792-ASA2, s. 14 20Section 14. 16.705 (9) of the statutes is created to read:
AB792-ASA2,8,2321 16.705 (9) (a) In this subsection, "federal economic stimulus funds" means
22federal moneys received by the state, pursuant to federal legislation enacted during
23the 111th Congress for the purpose of reviving the economy of the United States.
AB792-ASA2,9,524 (b) Except as provided in pars. (c) and (d), if in any fiscal year an agency in the
25executive branch is prohibited from hiring employees to fill vacant positions or its

1employees are required to serve an unpaid leave of absence, the agency may not enter
2into, renew, or extend any contractual services contracts with private contractors or
3consultants for the remainder of that fiscal year for the performance of services of
4agency employees who would have performed the services had they been hired or had
5they not have been required to take an unpaid leave of absence.
AB792-ASA2,9,126 (c) Paragraph (b) shall not apply to contractual services contracts that are
7funded with federal economic stimulus funds and the secretary determines that any
8deadlines imposed by the federal government on the expenditure of the federal
9economic stimulus funds cannot be met without an agency's entering into, renewing,
10or extending a contractual services contract or a cost-benefit analysis is conducted
11that demonstrates that a contractual services contract would be more cost effective
12and efficient than having state employees perform the services.
AB792-ASA2,9,1413 (cm) Paragraph (b) shall not apply to contracts entered into, renewed, or
14extended under s. 977.08.
AB792-ASA2,9,2315 (d) An agency in the executive branch may submit a written request to the joint
16committee on finance to have par. (b) not apply to the agency with respect to a specific
17contractual services contract. If the cochairpersons of the committee do not notify
18the agency within 14 working days after the date of the agency's submittal that the
19committee intends to schedule a meeting to review the request, approval of the
20request is granted. If, within 14 working days after the date of the agency's request
21submittal, the cochairpersons of the committee notify the agency that the committee
22intends to schedule a meeting to review the request, the request may be granted only
23as approved by the committee.
AB792-ASA2, s. 15 24Section 15. 16.75 (1) (a) 4. of the statutes is created to read:
AB792-ASA2,9,25
116.75 (1) (a) 4. The contracting agency shall electronically send the successful
2bidder a letter of intent to contract and shall send electronic copies of the letter to all
3other bidders.
AB792-ASA2, s. 16 4Section 16. 16.75 (1) (b) of the statutes is amended to read:
AB792-ASA2,10,195 16.75 (1) (b) When the estimated cost exceeds $25,000, the department shall
6invite bids to be submitted. The department either shall either solicit sealed bids to
7be opened publicly at a specified date and time, or shall solicit bidding by auction to
8be conducted electronically at a specified date and time. Whenever bids are invited,
9due notice inviting bids shall may be published as a class 2 notice, under ch. 985 or,
10and notice inviting bids, including a copy of all documents soliciting bids, shall be

11posted on the Internet at a site determined or approved by the department. The bid
12opening or auction shall occur at least 7 days after the date of the last insertion of
13the notice or
at least 7 days after the date of posting on the Internet. The notice under
14ch. 985, if applicable, and the Internet site
shall specify whether sealed bids are
15invited or bids will be accepted by auction, and shall give a clear description of the
16materials, supplies, equipment, or contractual services to be purchased, the amount
17of any bond, share draft, check, or other draft to be submitted as surety with the bid
18or prior to the auction, and the date and time that the public opening or the auction
19will be held.
AB792-ASA2, s. 17 20Section 17. 16.75 (2m) (b) of the statutes is amended to read:
AB792-ASA2,11,521 16.75 (2m) (b) When the estimated cost exceeds $25,000, the department may
22invite competitive sealed proposals by publishing a class 2 notice under ch. 985 or by
23posting
and shall post notice, including all documents soliciting proposals, on the
24Internet at a site determined or approved by the department. The notice under ch.
25985, if applicable, and the notice on the Internet site
shall describe the materials,

1supplies, equipment, or contractual services to be purchased, the intent to make the
2procurement by solicitation of proposals rather than by solicitation of bids, any
3requirement for surety, and the date the proposals will be opened, which shall be at
4least 7 days after the date of the last insertion of the notice or
at least 7 days after
5the date of posting on the Internet.
AB792-ASA2, s. 18 6Section 18. 16.75 (6) (c) of the statutes is amended to read:
AB792-ASA2,11,197 16.75 (6) (c) If the secretary determines that it is in the best interest of this state
8to do so, he or she may, with the approval of the governor, waive the requirements
9of subs. (1) to (5) and may purchase supplies, material, equipment, or contractual
10services, other than printing and stationery, from a private source other than a
11source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the
12purchase is expected to exceed $25,000, the department shall may first publish a
13class 2 notice under ch. 985 or and shall post a notice on the Internet at the site
14determined or approved by the department under sub. (1) (b) describing the
15materials, supplies, equipment, or contractual services to be purchased, stating the
16intent to make the purchase from a private source without soliciting bids or
17competitive sealed proposals and stating the date on which the contract or purchase
18order will be awarded. The date of the award shall be at least 7 days after the date
19of the last insertion or
the date of posting on the Internet.
AB792-ASA2, s. 19 20Section 19. 16.771 of the statutes is created to read:
AB792-ASA2,11,22 2116.771 False claims. (1) In this section, "contract" means any of the
22following:
AB792-ASA2,11,2323 (a) Contracts or orders that are subject to s. 16.705.
AB792-ASA2,12,3
1(b) Contracts or orders entered into for projects that are subject to s. 103.49 or
2103.50 if the party presenting the false claim is alleged to have failed to comply with
3s. 103.49 or 103.50.
AB792-ASA2,12,10 4(2) Whoever knowingly presents or causes to be presented a false claim for
5payment under a contract for materials, supplies, equipment, or services to be
6provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus
73 times the amount of the damages that were sustained by the state or would have
8been sustained by the state, whichever is greater, as a result of the false claim. The
9attorney general may bring an action on behalf of the state to recover any forfeiture
10incurred under this section.
AB792-ASA2, s. 20 11Section 20. 16.87 (2) of the statutes is renumbered 16.87 (2) (a) and amended
12to read:
AB792-ASA2,12,1813 16.87 (2) (a) A contract for engineering services or architectural services or a
14to be done for or furnished to the state or a department, board, commission, or officer
15of the state is exempt from the requirements of ss. 16.75 and 16.705, but an engineer
16or an architect employed at the department shall determine if the project could be
17completed more effectively and efficiently with state employees before a contract
18may be approved under sub. (3).
AB792-ASA2,12,22 19(b) A contract involving an expenditure of $10,000 or more for construction
20work, or $30,000 or more for limited trades work, to be done for or furnished to the
21state or a department, board, commission, or officer of the state is exempt from the
22requirements of ss. 16.705 and 16.75.
AB792-ASA2,12,25 23(c) The department shall attempt to ensure that 5% of the total amount
24expended under this section in each fiscal year is paid to minority businesses, as
25defined under s. 16.75 (3m) (a).
AB792-ASA2, s. 21
1Section 21. 16.871 of the statutes is created to read:
AB792-ASA2,13,2 216.871 False claims. (1) In this section:
AB792-ASA2,13,33 (a) "Agency" has the meaning given in s. 16.70 (1e).
AB792-ASA2,13,44 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).
AB792-ASA2,13,55 (bm) "Contract" has the meaning given in s. 16.771 (1).
AB792-ASA2,13,66 (c) "Limited trades work" has the meaning given in s. 16.70 (7).
AB792-ASA2,13,13 7(2) Whoever knowingly presents or causes to be presented a false claim under
8any contract for construction work or limited trades work, or for engineering or
9architectural services, to be provided to any agency shall forfeit not less than $5,000
10nor more than $10,000, plus 3 times the amount of the damages that were sustained
11by the state or would have been sustained by the state, whichever is greater, as a
12result of the false claim. The attorney general may bring an action on behalf of the
13state to recover any forfeiture incurred under this subsection.
AB792-ASA2, s. 22 14Section 22. 20.932 of the statutes is created to read:
AB792-ASA2,13,15 1520.932 False claims; actions by or on behalf of state. (1) In this section:
AB792-ASA2,13,1616 (a) "Authority" has the meaning given in s. 16.70 (2).
AB792-ASA2,13,2417 (b) "Claim" includes any request or demand for money, property, or services
18made to any officer, employee, or agent of this state, or to any contractor, grantee, or
19other recipient, whether or not under contract, if any portion of the money, property,
20or services that are requested or demanded is derived from state resources, or if the
21state is obligated to reimburse the contractor, grantee, or other recipient for any
22portion of the money, property, or services that are requested or demanded. "Claim"
23does not include any request or demand for medical assistance described under s.
2420.931 (1) (b).
AB792-ASA2,13,2525 (c) "Employer" includes all agencies and authorities.
AB792-ASA2,13,26
1(d) "Knowingly" has the meaning given in s. 20.931 (1) (d).
AB792-ASA2,14,22 (e) "Proceeds" has the meaning given in s. 20.931 (1) (e).
AB792-ASA2,14,33 (f) "State public official" has the meaning given in s. 19.42 (14).
AB792-ASA2,14,7 4(2) Except as provided in subs. (3) and (4), any person who does any of the
5following is liable to this state for 3 times the amount of the damages sustained by
6this state because of the actions of the person, and shall forfeit not less than $5,000
7nor more than $10,000 for each violation:
AB792-ASA2,14,108 (a) Knowingly presents or causes to be presented to any officer, employee, or
9agent of this state, or to any contractor, grantee, or other recipient of state resources,
10a false claim for payment or approval.
AB792-ASA2,14,1211 (b) Knowingly makes, uses, or causes to be made or used a false record or
12statement to obtain approval or payment of a false claim.
AB792-ASA2,14,1613 (c) Conspires to defraud this state by obtaining allowance or payment of a false
14claim, or by knowingly making or using, or causing to be made or used, a false record
15or statement to conceal, avoid, or decrease an obligation to pay or transmit money
16or property to this state.
AB792-ASA2,14,1917 (d) Has possession, custody, or control of property used or to be used by this
18state and knowingly delivers or causes to be delivered less property than the amount
19for which the person receives a certificate or receipt.
AB792-ASA2,14,2220 (e) Being authorized to make or deliver a document certifying receipt of
21property that is used or to be used by this state, knowingly makes or delivers a receipt
22that falsely represents the property that is used or to be used.
AB792-ASA2,14,2523 (f) Knowingly buys or receives as a pledge for payment of an obligation or debt
24for this state property from any person who lawfully may not sell or pledge the
25property.
AB792-ASA2,15,3
1(g) Knowingly makes, uses, or causes to be made or used a false record or
2statement to conceal, avoid, or decrease any obligation to pay or transmit money or
3property to this state.
AB792-ASA2,15,74 (h) Is a beneficiary of the submission of a false claim to any officer, employee,
5or agent of this state, or to any contractor, grantee, or other recipient of state
6resources, knows that the claim is false, and fails to disclose the false claim to this
7state within a reasonable time after the person becomes aware that the claim is false.
AB792-ASA2,15,11 8(3) Except as provided in sub. (4), the court may assess against a person who
9violates sub. (2) not less than 2 nor more than 3 times the amount of the damages
10sustained by the state because of the acts of the person, and may not assess any
11forfeiture, if the court finds all of the following:
AB792-ASA2,15,1412 (a) The person who commits the acts furnished the attorney general with all
13information known to the person about the acts within 30 days after the date on
14which the person obtained the information.
AB792-ASA2,15,1515 (b) The person fully cooperated with any investigation of the acts by this state.
AB792-ASA2,15,1916 (c) At the time that the person furnished the attorney general with information
17concerning the acts, no criminal prosecution or civil or administrative enforcement
18action had been commenced with respect to any such act, and the person did not have
19actual knowledge of the existence of any investigation into any such act.
AB792-ASA2,15,21 20(4) Subsections (2) and (3) do not apply to any claim, record, statement, or
21return made under chs. 70 to 79.
AB792-ASA2,15,24 22(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
23action as a qui tam plaintiff against a person who commits an act in violation of sub.
24(2) for the person and the state in the name of the state.
AB792-ASA2,16,8
1(b) The plaintiff shall serve upon the attorney general a copy of the complaint
2and documents disclosing substantially all material evidence and information that
3the person possesses. The plaintiff shall file a copy of the complaint with the court
4for inspection in camera. Except as provided in par. (c), the complaint shall remain
5under seal for a period of 60 days from the date of filing, and shall not be served upon
6the defendant until the court so orders. Within 60 days from the date of service upon
7the attorney general of the complaint, evidence, and information under this
8paragraph, the attorney general may intervene in the action.
AB792-ASA2,16,119 (c) The attorney general may, for good cause shown, move the court for one or
10more extensions of the period during which a complaint in an action under this
11subsection remains under seal.
AB792-ASA2,16,1312 (d) Before the expiration of the period during which the complaint remains
13under seal, the attorney general shall do one of the following:
AB792-ASA2,16,1514 1. Proceed with the action or an alternate remedy under sub. (10), in which case
15the state shall prosecute the action or proceeding under sub. (10).
AB792-ASA2,16,1716 2. Notify the court that he or she declines to proceed with the action, in which
17case the action may not proceed.
AB792-ASA2,16,2018 (e) If a person brings a valid action under this subsection, no person other than
19the state may intervene or bring a related action while the original action is pending
20based upon the same facts underlying the pending action.
AB792-ASA2,16,2321 (f) In any action or other proceeding under sub. (10) brought under this
22subsection, all essential elements of the cause of action or complaint, including
23damages, must be proven by a preponderance of the evidence.
AB792-ASA2,17,3 24(6) If the state proceeds with an action under sub. (5) or an alternate remedy
25under sub. (10), the state has primary responsibility for prosecuting the action or

1proceeding under sub. (10). The state is not bound by any act of the person bringing
2the action, but that person has the right to continue as a party to the action, subject
3to the limitations under sub. (7).
AB792-ASA2,17,9 4(7) (a) The state may move to dismiss an action under sub. (5) or an
5administrative proceeding under sub. (10) to which the state is a party for good cause
6shown, notwithstanding objection of the person bringing the action, if that person is
7served with a copy of the state's motion and is provided with an opportunity to oppose
8the motion before the court or the administrative agency before which the proceeding
9is conducted.
AB792-ASA2,17,1710 (b) With the approval of the governor, the attorney general may compromise
11and settle an action under sub. (5) or an administrative proceeding under sub. (10)
12to which the state is a party, notwithstanding objection of the person bringing the
13action, if the court determines, after affording to the person bringing the action the
14right to a hearing at which the person is afforded the opportunity to present evidence
15in opposition to the proposed settlement, that the proposed settlement is fair,
16adequate, and reasonable considering the relevant circumstances pertaining to the
17violation.
AB792-ASA2,17,2418 (c) Upon a showing by the state that unrestricted participation in the
19prosecution of an action under sub. (5) or an alternate proceeding to which the state
20is a party by the person bringing the action would interfere with or unduly delay the
21prosecution of the action or proceeding, or would result in consideration of
22repetitious or irrelevant evidence or evidence presented for purposes of harassment,
23the court may limit the person's participation in the prosecution in any of the
24following ways:
AB792-ASA2,17,2525 1. Limiting the number of witnesses that the person may call.
AB792-ASA2,17,26
12. Limiting the length of the testimony of the witnesses.
AB792-ASA2,18,22 3. Limiting the cross-examination of witnesses by the person.
AB792-ASA2,18,43 4. Otherwise limiting the participation by the person in the prosecution of the
4action or proceeding.
AB792-ASA2,18,95 (d) Upon showing by a defendant that unrestricted participation in the
6prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
7which the state is a party by the person bringing the action would result in
8harassment or would cause the defendant undue burden or unnecessary expense, the
9court may limit the person's participation in the prosecution.
AB792-ASA2,18,18 10(9) Upon showing in camera by the attorney general that discovery by the
11person bringing the action would interfere with the state's ongoing investigation or
12prosecution of a criminal or civil matter arising out of the same facts as the facts upon
13which the action is based, the court may stay the discovery in whole or in part for not
14more than 60 days. The court may extend the stay upon further showing in camera
15by the attorney general that the state has pursued the criminal or civil investigation
16of the matter with reasonable diligence and the proposed discovery in the action
17brought under sub. (5) will interfere with the ongoing criminal or civil investigation
18or prosecution.
AB792-ASA2,19,5 19(10) The attorney general may pursue a claim relating to an alleged violation
20of sub. (2) through an alternate remedy available to the state or any state agency,
21including an administrative proceeding to assess a civil forfeiture. If the attorney
22general elects an alternate remedy, the attorney general shall serve timely notice of
23his or her election upon the person bringing the action under sub. (5), and that person
24has the same rights in the alternate venue as the person would have had if the action
25had continued under sub. (5). Any finding of fact or conclusion of law made by a court

1or by a state agency in the alternate venue that has become final is conclusive upon
2all parties named in an action under sub. (5). For purposes of this subsection, a
3finding or conclusion is final if it has been finally determined on appeal, if all time
4for filing an appeal or petition for review with respect to the finding or conclusion has
5expired, or if the finding or conclusion is not subject to judicial review.
AB792-ASA2,19,11 6(11) (a) Except as provided in pars. (b) and (d), if the state proceeds with an
7action brought by a person under sub. (5) or the state pursues an alternate remedy
8relating to the same acts under sub. (10), the person who brings the action shall
9receive at least 15 percent but not more than 25 percent of the proceeds of the action
10or settlement of the claim, depending upon the extent to which the person
11contributed to the prosecution of the action or claim.
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