Amendment SA1-SSA1-SB447

2009 - 2010 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2009 SENATE BILL 447

April 20, 2010 - Offered by Joint Committee on Finance.

SB447-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB447-SSA1-SA1,1,3 1. Page 2, line 1: delete "The total" and substitute "Except for the department of transportation and the University of Wisconsin System, the total".

SB447-SSA1-SA1,1,4 2. Page 2, line 15: after that line insert:

SB447-SSA1-SA1,1,5 " Section 1m. 16.42 (1) (i) of the statutes is created to read:

SB447-SSA1-SA1,1,10 16.42 (1) (i) For the department of transportation and the University of Wisconsin System, the total amount budgeted and requested for contract expenditures, an identification of the appropriation or appropriations used to fund the contract expenditures, and the total amount of base level funding used to pay for these contract expenditures.".

SB447-SSA1-SA1,2,3 3. Page 2, line 20: after "positions" insert ", except that, for purposes of this subsection, only the information specified in s. 16.42 (1) (i) is required for the department of transportation and the University of Wisconsin System".

SB447-SSA1-SA1,2,4 4. Page 23, line 20: delete "The" and substitute "The Subject to sub. (13g), the".

SB447-SSA1-SA1,2,6 5. Page 23, line 23: delete "16.75 16.7015, 16.705 (4), 16.71 to 16.751" and substitute "16.75".

SB447-SSA1-SA1,2,7 6. Page 23, line 24: delete "16.705 except s. 16.705 (4),".

SB447-SSA1-SA1,2,9 7. Page 24, line 9: delete the material beginning with ". Notwithstanding" and ending with "administration" on line 20.

SB447-SSA1-SA1,2,10 8. Page 24, line 21: before that line insert:

SB447-SSA1-SA1,2,11 " Section 27m. 84.01 (13g) of the statutes is created to read:

SB447-SSA1-SA1,2,13 84.01 (13g) Procedures and requirements for contractual engagements of services. (a) In this subsection:

SB447-SSA1-SA1,2,15 1. "Available," with respect to an employee, means that the employee is qualified and any of the following applies:

SB447-SSA1-SA1,2,16 a. The employee is already doing the work in question.

SB447-SSA1-SA1,2,17 b. The employee is on layoff status in classes that can do the work in question.

SB447-SSA1-SA1,2,19 c. There are authorized positions that are currently vacant with respect to the work in question.

SB447-SSA1-SA1,2,21 2. "Available," with respect to an employee, does not include an employee who is doing other work, is retired, or has decided not to do the work in question.

SB447-SSA1-SA1,2,23 (b) Before entering into any contract for the engagement of services under sub. (13), the department shall determine, at least, that all of the following apply:

SB447-SSA1-SA1,3,2 1. No current state employee is able and available to perform the services called for by the contract.

SB447-SSA1-SA1,3,5 2. The work to be performed under the contract is necessary to the department's achievement of its statutory responsibilities and there is statutory authority to enter into the contract.

SB447-SSA1-SA1,3,7 3. The contract will not establish an employment relationship between the state or the department and any person performing under the contract.

SB447-SSA1-SA1,3,8 4. The contractor and its agents are not employees of the state.

SB447-SSA1-SA1,3,10 5. The department has specified a satisfactory method of evaluating and using the results of the work to be performed.

SB447-SSA1-SA1,3,15 6. The contract term does not exceed 2 years, unless the secretary has determined that a longer duration is in the best interest of the state, and the combined contract and amendments will not exceed 5 years without specific, written approval by the secretary according to established policy, procedures, and standards, or unless otherwise provided for by law.

SB447-SSA1-SA1,4,6 (c) Before entering into any contract for the engagement of services under sub. (13), the department shall develop and implement a written plan providing for the assignment of specific department personnel to manage the contract, including a monitoring and liaison function, the periodic review of interim reports or other indications of past performance, and the ultimate utilization of the final product of the services. In the event the results of the contract work will be carried out or continued by state employees upon completion of the contract, the contractor shall include state employees in development and training, to the extent necessary to ensure that after completion of the contract, state employees can perform any ongoing work related to the same function. The department may not contract out its previously eliminated jobs for 4 years without first considering the same former employees who are on the seniority unit layoff list who meet the minimum qualifications determined by the department. The terms of a contract shall provide that no more than 90 percent of the amount due under the contract may be paid until the final product has been reviewed by the secretary and the secretary has certified that the contractor has satisfactorily fulfilled the terms of the contract.".

SB447-SSA1-SA1,4,7 9. Page 24, line 22: before "On" insert "(a)".

SB447-SSA1-SA1,4,9 10. Page 25, line 3: delete the material beginning with "To" and ending with "(8)." on line 4.

SB447-SSA1-SA1,4,10 11. Page 25, line 7: delete "(a)" and substitute "1.".

SB447-SSA1-SA1,4,11 12. Page 25, line 9: delete "(b)" and substitute "2.".

SB447-SSA1-SA1,4,12 13. Page 25, line 11: after that line insert:

SB447-SSA1-SA1,4,16 "3. Identification of all contractors engaged, contract amount, duration, and services to be provided, as well as aggregated value of contracts for each contractor. The report shall distinguish between initial contracts and extended or renewed contracts and shall specify the termination date of each contract.

SB447-SSA1-SA1,4,17 4. A summary of the department's contract review activities.

SB447-SSA1-SA1,4,18 5. Identification of contract services by code according to the type of services.

SB447-SSA1-SA1,4,20 6. Identification of any contracts awarded by other than usual and customary contracting procedures, including any single source contracts.

SB447-SSA1-SA1,5,2 (b) Within 30 days of final completion of a contract for engagements of services authorized under sub. (13) that involves an expenditure of more than $50,000, the secretary shall submit to the governor, the joint committee on finance, the joint legislative audit committee, and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a one-page report that includes all of the following information:

SB447-SSA1-SA1,5,4 1. A summary of the purpose of the contract, including why it was necessary to enter into the contract.

SB447-SSA1-SA1,5,5 2. The amount spent on the contract.

SB447-SSA1-SA1,5,8 3. If the contract was awarded by other than usual and customary contracting procedures, including if it was a single-source contract, an explanation of why the department determined that there was only a single source for the services.

SB447-SSA1-SA1,5,14 4. A written performance evaluation of the work done under the contract, including an appraisal of the contractor's timeliness, quality, cost, and overall performance in meeting the terms and objectives of the contract. Contractors may request copies of evaluations prepared under this subdivision and may respond in writing. Contractor responses must be maintained by the department with the contract file.".

SB447-SSA1-SA1,5,15 14. Page 34, line 1: delete "25.18 (1) (a), (f), and (m),".

SB447-SSA1-SA1,5,16 15. Page 34, line 2: delete "84.01 (13), 84.06 (2) (a), (3), and (4), 85.015,".

SB447-SSA1-SA1,5,17 (End)