AB40-ASA1,46,1712 16.75 (9) The department, any other designated purchasing agent under s.
1316.71 (1), any agency making purchases under s. 16.74, and any authority other than
14the University of Wisconsin Hospitals and Clinics Authority, and the Lower Fox
15River Remediation Authority, and the Health Insurance Risk-Sharing Plan
16Authority
shall, to the extent practicable, make purchasing selections using
17specifications prepared under s. 16.72 (2) (f).
AB40-ASA1,122c 18Section 122c. 16.765 (1) of the statutes is amended to read:
AB40-ASA1,47,419 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
22Fox River Remediation Authority, the Wisconsin Economic Development
23Corporation, and the Bradley Center Sports and Entertainment Corporation shall
24include in all contracts executed by them a provision obligating the contractor not
25to discriminate against any employee or applicant for employment because of age,

1race, religion, color, handicap, sex, physical condition, developmental disability as
2defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
3origin and, except with respect to sexual orientation, obligating the contractor to take
4affirmative action to ensure equal employment opportunities.
AB40-ASA1,122d 5Section 122d. 16.765 (2) of the statutes is amended to read:
AB40-ASA1,47,236 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Economic Development
10Corporation, and the Bradley Center Sports and Entertainment Corporation shall
11include the following provision in every contract executed by them: "In connection
12with the performance of work under this contract, the contractor agrees not to
13discriminate against any employee or applicant for employment because of age, race,
14religion, color, handicap, sex, physical condition, developmental disability as defined
15in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
16not be limited to, the following: employment, upgrading, demotion or transfer;
17recruitment or recruitment advertising; layoff or termination; rates of pay or other
18forms of compensation; and selection for training, including apprenticeship. Except
19with respect to sexual orientation, the contractor further agrees to take affirmative
20action to ensure equal employment opportunities. The contractor agrees to post in
21conspicuous places, available for employees and applicants for employment, notices
22to be provided by the contracting officer setting forth the provisions of the
23nondiscrimination clause".
AB40-ASA1,122e 24Section 122e. 16.765 (4) of the statutes is amended to read:
AB40-ASA1,48,6
116.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
2Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
3Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
4Fox River Remediation Authority, and the Bradley Center Sports and
5Entertainment Corporation shall take appropriate action to revise the standard
6government contract forms under this section.
AB40-ASA1,122f 7Section 122f. 16.765 (5) of the statutes is amended to read:
AB40-ASA1,48,248 16.765 (5) The head of each contracting agency and the boards of directors of
9the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority, the Health
11Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
12Authority, the Wisconsin Economic Development Corporation, and the Bradley
13Center Sports and Entertainment Corporation shall be primarily responsible for
14obtaining compliance by any contractor with the nondiscrimination and affirmative
15action provisions prescribed by this section, according to procedures recommended
16by the department. The department shall make recommendations to the contracting
17agencies and the boards of directors of the University of Wisconsin Hospitals and
18Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
19Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
20Fox River Remediation Authority, the Wisconsin Economic Development
21Corporation, and the Bradley Center Sports and Entertainment Corporation for
22improving and making more effective the nondiscrimination and affirmative action
23provisions of contracts. The department shall promulgate such rules as may be
24necessary for the performance of its functions under this section.
AB40-ASA1,122g 25Section 122g. 16.765 (6) of the statutes is amended to read:
AB40-ASA1,49,9
116.765 (6) The department may receive complaints of alleged violations of the
2nondiscrimination provisions of such contracts. The department shall investigate
3and determine whether a violation of this section has occurred. The department may
4delegate this authority to the contracting agency, the University of Wisconsin
5Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
6Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
7the Lower Fox River Remediation Authority, the Wisconsin Economic Development
8Corporation, or the Bradley Center Sports and Entertainment Corporation for
9processing in accordance with the department's procedures.
AB40-ASA1,122h 10Section 122h. 16.765 (7) (intro.) of the statutes is amended to read:
AB40-ASA1,49,2111 16.765 (7) (intro.) When a violation of this section has been determined by the
12department, the contracting agency, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
15Fox River Remediation Authority, the Wisconsin Economic Development
16Corporation, or the Bradley Center Sports and Entertainment Corporation, the
17contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
18Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
19Health Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
20Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
21Sports and Entertainment Corporation shall:
AB40-ASA1,122i 22Section 122i. 16.765 (7) (d) of the statutes is amended to read:
AB40-ASA1,50,423 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
24further violations of this section and to report its corrective action to the contracting
25agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River

1Navigational System Authority, the Wisconsin Aerospace Authority, the Health
2Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
3Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
4Sports and Entertainment Corporation.
AB40-ASA1,122j 5Section 122j. 16.765 (8) of the statutes is amended to read:
AB40-ASA1,50,236 16.765 (8) If further violations of this section are committed during the term
7of the contract, the contracting agency, the Fox River Navigational System Authority,
8the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
9Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
10Development Corporation, or the Bradley Center Sports and Entertainment
11Corporation may permit the violating party to complete the contract, after complying
12with this section, but thereafter the contracting agency, the Fox River Navigational
13System Authority, the Wisconsin Aerospace Authority, the Health Insurance
14Risk-Sharing Plan Authority,
the Lower Fox River Remediation Authority, the
15Wisconsin Economic Development Corporation, or the Bradley Center Sports and
16Entertainment Corporation shall request the department to place the name of the
17party on the ineligible list for state contracts, or the contracting agency, the Fox River
18Navigational System Authority, the Wisconsin Aerospace Authority, the Health
19Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
20Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
21Sports and Entertainment Corporation may terminate the contract without liability
22for the uncompleted portion or any materials or services purchased or paid for by the
23contracting party for use in completing the contract.
AB40-ASA1,123 24Section 123. 16.84 (1) of the statutes is amended to read:
AB40-ASA1,51,12
116.84 (1) Have charge of, operate, maintain and keep in repair the state capitol
2building, the executive residence, the light, heat and power plant, any heating,
3cooling, and power plants serving state properties that are owned by this state except
4those that are operated by an agency, as defined in s. 16.52 (7), or by a lessee under
5s. 13.48 (14) or 16.848 (1),
the state office buildings and their power plants, the
6grounds connected therewith, and such other state properties as are designated by
7law. All costs of such operation and maintenance shall be paid from the
8appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid
9under s. 20.866 (1) (u). The department shall transfer moneys from the
10appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505
11(5) (kc) sufficient to make principal and interest payments on state facilities and
12payments to the United States under s. 13.488 (1) (m).
AB40-ASA1,124 13Section 124. 16.848 (title) of the statutes is amended to read:
AB40-ASA1,51,14 1416.848 (title) Sale or lease of certain state property or facilities.
AB40-ASA1,125 15Section 125. 16.848 (1) of the statutes is renumbered 16.848 (1) (a) and
16amended to read:
AB40-ASA1,52,817 16.848 (1) (a) Except as provided in sub. (2), the department may offer for sale
18or lease any state-owned real property, if the department determines that the sale
19or lease is in the best interest of the state, unless prohibited under the state or federal
20constitution or federal law or the sale is conducted as a part of a procedure to enforce
21an obligation to this state
. Any sale may be either on the basis of public bids, with
22the department reserving the right to reject any bid in the best interest of the state,
23or on the basis of negotiated prices as determined through a competitive or
24transparent process
. If the department receives an offer to purchase or lease
25property offered under this subsection, the department may submit a report to the

1building commission recommending acceptance of the offer. The report shall contain
2a description of the property and the reasons for the recommendation. The
3department may recommend the sale or lease of a parcel of property with or without
4the approval of the agency, as defined in s. 16.52 (7), having jurisdiction of over the
5property and regardless of whether the property is included in an inventory
6submitted under s. 13.48 (14) (d)
. If the building commission approves the proposed
7sale or lease, the department may sell the property shall submit the proposed sale
8or lease to the joint committee on finance for approval under par. (b)
.
AB40-ASA1,125m 9Section 125m. 16.848 (1) (b) and (c) of the statutes are created to read:
AB40-ASA1,52,1410 16.848 (1) (b) If the department proposes to sell or lease any property identified
11in par. (a), the department shall first notify the joint committee on finance in writing
12of its proposed action. The department shall not proceed with the proposed action
13unless the proposed action is approved by the committee. Together with any
14notification, the department shall also provide all of the following:
AB40-ASA1,52,1615 1. The estimated value of the property as determined by the department and
16by at least one qualified privately owned assessor.
AB40-ASA1,52,1817 2. The full cost of retiring any remaining public debt incurred to finance the
18acquisition, construction, or improvement of the property.
AB40-ASA1,52,2019 3. A cost-benefit analysis that considers the short-term and long-term costs
20and benefits to the state from selling or leasing the property.
AB40-ASA1,52,2221 4. The length and conditions of any proposed sale or lease between this state
22and a proposed purchaser or lessee.
AB40-ASA1,52,2423 5. The estimated budgetary impact of the proposed sale or lease upon affected
24state agencies for at least the current and following fiscal biennium.
AB40-ASA1,52,2525 6. Any other information requested by the committee.
AB40-ASA1,53,12
1(c) Except with respect to property identified in sub. (2), if any agency, as
2defined in s. 16.52 (7), has authority to sell or lease real property under any other law,
3the authority of that agency does not apply after the department notifies the agency
4in writing that an offer of sale or sale, or a lease agreement, is pending with respect
5to the property under this paragraph. If the sale or lease is not completed and no
6further action is pending with respect to the property, the authority of the agency to
7sell or lease the property is restored. If the department sells or leases any
8state-owned real property under this paragraph, the department may attach such
9conditions to the sale or lease as it finds to be necessary or appropriate to carry out
10the sale or lease in the best interest of the state. If the department sells or leases a
11state-owned heating, cooling, or power plant under this paragraph, the department
12may contract with the purchaser or lessee to purchase the output of the plant.
AB40-ASA1,126 13Section 126. 16.848 (1e) of the statutes is created to read:
AB40-ASA1,53,2114 16.848 (1e) If the department sells or leases any real property under sub. (1)
15that was under the jurisdiction of an agency, as defined in s. 16.52 (7), prior to the
16sale or lease, the agency shall convey all systems, fixtures, or additional property
17interests specified by the department to the purchaser or lessee of the property on
18terms specified by the department. If the department sells or leases a state-owned
19heating, cooling, or power plant that is under the jurisdiction of an agency, as defined
20in s. 16.52 (7), the agency shall convey all real and personal property associated with
21the plant to the purchaser or lessee on terms specified by the department.
AB40-ASA1,127 22Section 127. 16.848 (1m) of the statutes is created to read:
AB40-ASA1,54,223 16.848 (1m) If any property that is proposed to be sold by the department under
24sub. (1) is co-owned by a nonstate entity, the department shall afford to that entity

1the right of first refusal to purchase the share of the property owned by the state on
2reasonable financial terms established by the department.
AB40-ASA1,128 3Section 128. 16.848 (1s) of the statutes is created to read:
AB40-ASA1,54,94 16.848 (1s) (a) If the department sells or leases any facility under sub. (1) that
5is operated by an agency, as defined in s. 16.52 (7), on the day prior to the effective
6date of the sale or lease the secretary shall, notwithstanding s. 16.50 (1), require
7submission of expenditure estimates for approval under s. 16.50 (2) for each agency
8that proposes to expend moneys from any appropriation for the operation of the
9facility during the fiscal biennium in which the facility is sold or leased.
AB40-ASA1,54,2110 (b) Notwithstanding s. 16.50 (2), the secretary shall disapprove any such
11estimate for the period during which the facility is not operated by the agency.
12Subject to approval under par. (d), the secretary may then require the use of the
13amounts of any disapproved expenditure estimates for the purpose of purchase of
14contractual services from the facility or payment of the costs of purchasing services
15that were provided by the facility from an alternative source. Subject to approval
16under par. (d), if the department sells or leases a facility under this subsection, the
17secretary may identify any full-time equivalent positions authorized for the agency
18that was operating the facility the duties of which primarily relate to the
19management or operation of the facility, and may decrease the authorized full-time
20equivalent positions for the agency by the number of positions so identified effective
21on the effective date of the sale or lease.
AB40-ASA1,55,422 (c) Notwithstanding s. 20.001 (3) (a) to (c) and subject to approval under par.
23(d), the secretary may lapse or transfer to the general fund from the unencumbered
24balance of appropriations to any agency, other than sum sufficient appropriations or
25appropriations of program revenues to the Board of Regents of the University of

1Wisconsin System or appropriations of segregated or federal revenues, any amount
2appropriated to an agency that is determined by the secretary to be allocated for the
3management or operation of the facility that was sold or leased effective on the
4effective date of the sale or lease.
AB40-ASA1,55,95 (d) Prior to taking any action to reallocate authorized expenditures, decrease
6authorized positions, or lapse or transfer moneys under par. (b) or (c), the secretary
7shall submit the proposed action in writing to the joint committee on finance. The
8secretary shall not proceed with the proposed action unless the proposed action is
9approved by the committee.
AB40-ASA1,129 10Section 129. 16.848 (2) (a) of the statutes is repealed.
AB40-ASA1,129m 11Section 129m. 16.848 (2) (am) of the statutes is created to read:
AB40-ASA1,55,1412 16.848 (2) (am) Subsection (1) does not apply to any property for which the cost
13of acquisition, construction, and improvement was financed with at least 50 percent
14federal funds or at least 50 percent gift or grant funds.
AB40-ASA1,130 15Section 130. 16.848 (2) (b) of the statutes is repealed.
AB40-ASA1,131 16Section 131. 16.848 (2) (gw) of the statutes is repealed.
AB40-ASA1,131m 17Section 131m. 16.848 (2) (gx) of the statutes is created to read:
AB40-ASA1,55,1918 16.848 (2) (gx) Subsection (1) does not apply to any property that is owned or
19leased by the investment board.
AB40-ASA1,132 20Section 132. 16.848 (4) (a) of the statutes is amended to read:
AB40-ASA1,56,2021 16.848 (4) (a) Except as provided in s. 13.48 (14) (e), if there is any outstanding
22public debt used to finance the acquisition, construction, or improvement of any
23property that is sold or leased under sub. (1), the department shall deposit a
24sufficient amount of the net proceeds from the sale or lease of the property in the bond
25security and redemption fund under s. 18.09 to repay the principal and pay the

1interest on the debt, and any premium due upon refunding any of the debt. If there
2is any outstanding public debt used to finance the acquisition, construction, or
3improvement of any property that is sold or leased under sub. (1), the department
4shall then provide a sufficient amount of the net proceeds from the sale or lease of
5the property for the costs of maintaining federal tax law compliance applicable to the
6debt
. If the property was acquired, constructed, or improved with federal financial
7assistance, the department shall pay to the federal government any of the net
8proceeds required by federal law. If the property was acquired by gift or grant or
9acquired with gift or grant funds, the department shall adhere to any restriction
10governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9)
11(qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable
12to the federal government, and there is no restriction governing use of the proceeds,
13and if the net proceeds exceed the amount required to be deposited, paid, or used for
14another purpose under this paragraph subsection, the department shall first use the
15net proceeds or remaining net proceeds to pay principal and interest costs on
16outstanding public debt supported by the same funding source and issued under the
17same bonding purpose authorization that was used to finance the acquisition,
18construction, or improvement of the property that is sold or leased under sub. (1).
19If any net proceeds remain thereafter, the department shall use the proceeds to pay
20principal and interest costs on
other outstanding public debt.
AB40-ASA1,133 21Section 133. 16.848 (4) (b) 1. of the statutes is repealed and recreated to read:
AB40-ASA1,56,2422 16.848 (4) (b) 1. To the extent that debt service on the property being sold or
23leased was paid from a segregated fund, other outstanding public debt related to that
24segregated fund should be redeemed.
AB40-ASA1,134 25Section 134. 16.848 (4) (b) 2. of the statutes is repealed.
AB40-ASA1,135
1Section 135. 16.848 (4) (b) 3. of the statutes is amended to read:
AB40-ASA1,57,52 16.848 (4) (b) 3. The extent to which general obligation debt that was issued
3to acquire, build, or improve the property being sold or leased is subject to current
4optional redemption, would require establishment of an escrow, or could be assigned
5for accounting purposes to another statutory bond purpose.
AB40-ASA1,136 6Section 136. 16.848 (4) (b) 5. of the statutes is amended to read:
AB40-ASA1,57,87 16.848 (4) (b) 5. The costs of maintaining federal tax law compliance in the
8selection of general obligation debt to be redeemed.
AB40-ASA1,137 9Section 137. 16.848 (4) (c) of the statutes is created to read:
AB40-ASA1,58,510 16.848 (4) (c) If there are any outstanding revenue obligations, issued pursuant
11to subch. II of ch. 18, used to finance the acquisition, construction, or improvement
12of any property that is sold or leased under sub. (1), the department shall deposit a
13sufficient amount of the net proceeds from the sale or lease of the property in the
14respective redemption fund provided under s. 18.561 (5) or 18.562 (3) to repay the
15principal and pay the interest on the revenue obligations, and any premium due upon
16refunding any of the revenue obligations. If there are any outstanding revenue
17obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition,
18construction, or improvement of any property that is sold or leased under sub. (1),
19the department shall then provide a sufficient amount of the net proceeds from the
20sale or lease of the property for the costs of maintaining federal tax law compliance
21applicable to the revenue obligations. For the purpose of paying principal and
22interest costs on other outstanding revenue obligations, the secretary may cause
23outstanding revenue obligations to be called for redemption on or following their
24optional redemption date, establish one or more escrow accounts to redeem
25obligations at their optional redemption date, or purchase bonds on the open market.

1Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if the net
2proceeds exceed the amount required to be deposited, paid, or used for another
3purpose under this paragraph, the department shall use the net proceeds or
4remaining net proceeds to pay principal and interest costs on other similar revenue
5obligations.
AB40-ASA1,138 6Section 138. 16.849 of the statutes is created to read:
AB40-ASA1,58,10 716.849 Facility design services for state agencies. The department may
8provide facility design services to agencies, as defined in s. 16.70 (1e). The
9department may assess a fee to agencies for which the department performs services
10under this section.
AB40-ASA1,138m 11Section 138m. 16.85 (2) of the statutes is amended to read:
AB40-ASA1,58,2112 16.85 (2) To furnish engineering, architectural, project management, and other
13building construction services whenever requisitions therefor are presented to the
14department by any agency. The department may deposit moneys received from the
15provision of these services in the account under s. 20.505 (1) (kc) or in the general
16fund as general purpose revenue — earned. In this subsection, "agency" means an
17office, department, independent agency, institution of higher education, association,
18society, or other body in state government created or authorized to be created by the
19constitution or any law, which is entitled to expend moneys appropriated by law,
20including the legislature and the courts, but not including an authority created in
21subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, or 279.
AB40-ASA1,139 22Section 139. 16.855 (1) of the statutes is renumbered 16.855 (1m) and
23amended to read:
AB40-ASA1,59,424 16.855 (1m) The department shall let by contract to the lowest qualified
25responsible bidder all construction work when the estimated construction cost of the

1project exceeds $50,000, except for construction work authorized under s. 16.858 and
2except as provided in sub. (1r) or (10m) or s. 13.48 (19). If factors other than dollar
3amounts are required to be evaluated for a project, the department shall specify a
4formula that will convert the other factors into a dollar value for comparison.
AB40-ASA1,59,12 5(1r) If a bidder is not a Wisconsin firm and the department determines that the
6state, foreign nation or subdivision thereof in which the bidder is domiciled grants
7a preference to bidders domiciled in that state, nation or subdivision in making
8governmental purchases, the department shall give a preference over that bidder to
9Wisconsin firms, if any, when awarding the contract, in the absence of compelling
10reasons to the contrary. The department may enter into agreements with states,
11foreign nations and subdivisions thereof for the purpose of implementing this
12subsection.
AB40-ASA1,140 13Section 140. 16.855 (1g) of the statutes is created to read:
AB40-ASA1,59,1414 16.855 (1g) In this section:
AB40-ASA1,59,1715 (a) "Mechanical, electrical, or plumbing subcontractor" is a contractor that
16performs mechanical, electrical, plumbing, or fire protection work and enters into a
17contract with a general prime contractor to perform their division of work.
AB40-ASA1,59,1918 (b) "Qualified bidder" means a person that the department certifies under sub.
19(9m) (b) 1.
AB40-ASA1,59,2120 (c) "Qualified responsible bidder" means a person who is a qualified bidder and
21who is a responsible bidder.
AB40-ASA1,59,2322 (d) "Responsible bidder" means a person that the department certifies under
23sub. (9m) (b) 2.
AB40-ASA1,60,224 (e) "Single prime contracting" means bidding and contracting through a
25process in which only a general prime contractor has a contractual relationship with

1the state and all mechanical, electrical, or plumbing subcontractors are identified by
2the department and are subcontractors to the general prime contractor.
AB40-ASA1,141 3Section 141. 16.855 (2) (a) 5. of the statutes is amended to read:
AB40-ASA1,60,44 16.855 (2) (a) 5. Date, when and place where plans will be available.
AB40-ASA1,142 5Section 142. 16.855 (2) (a) 6. of the statutes is created to read:
AB40-ASA1,60,76 16.855 (2) (a) 6. That the department shall consider only bids from persons who
7are responsible bidders and, unless sub. (9m) (ar) 2. applies, qualified bidders.
AB40-ASA1,143 8Section 143. 16.855 (9) of the statutes is renumbered 16.855 (9m) (b) 1. c. and
9amended to read:
AB40-ASA1,60,1410 16.855 (9m) (b) 1. c. The If the department may require bidders to submit so
11requires or the bidder will be considered unqualified, the bidder has submitted a

12sworn statements statement as to financial ability, equipment, and experience in
13construction and require such other information as may be necessary to determine
14their the bidder's competency.
AB40-ASA1,144 15Section 144 . 16.855 (9m) of the statutes is created to read:
AB40-ASA1,60,1616 16.855 (9m) (ag) In this subsection, "bidder" includes a potential bidder.
AB40-ASA1,60,2517 (ar) 1. The department shall certify bidders as qualified bidders under par. (b)
181. and responsible bidders under par. (b) 2. and shall administer a registration
19process for all bidders submitting bids on any construction project under this section.
20The department shall issue, in a timely manner, a certification decision on a complete
21application for certification. A certification under this subdivision is valid for 2 years
22except the department may decertify a bidder if the department determines that the
23bidder no longer meets the qualifications under par. (b) and if the department follows
24a decertification process developed by rule that provides to the bidder notice,
25hearing, and a means to appeal.
AB40-ASA1,61,3
12. Notwithstanding sub. (1m) or (14) (d), the department may waive the
2condition of certification as a qualified bidder if the project is of such magnitude as
3to limit competition if the conditions under par. (b) 1. were required.
AB40-ASA1,61,94 3. The department shall consider for certification under par. (b) associations
5consisting of at least 2 contracting firms that are organized for the purpose of
6entering into a construction contract as a single entity if at least one of the
7contracting firms is qualified under par. (b) and if the assignment of, and provisions
8for the continuity of, the various responsibilities within the association are agreed
9upon before the contract is awarded.
AB40-ASA1,61,1110 (b) 1. To be certified as a qualified bidder, a bidder must meet all of the following
11conditions:
AB40-ASA1,61,1612 a. The bidder has completed at least one project that involved similar work to
13the work being bid and the project was at least 50 percent of the size or value of the
14division of the project being bid. If the department determines that more experience
15is necessary for a particular project, the department may include additional
16requirements in the specifications and certify bidders accordingly.
AB40-ASA1,61,1917 b. The bidder has access to all necessary equipment and the organizational
18capacity and technical competence necessary to perform the project work properly
19and expeditiously.
AB40-ASA1,61,2120 2. To be certified as a responsible bidder, a bidder must meet all of the following
21conditions:
AB40-ASA1,61,2222 a. The bidder maintains a permanent place of business.
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