2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 432
January 30, 2014 - Offered by Representatives Clark and Smith.
AB432-ASA1,1,6 1An Act to repeal 16.75 (1) (b) 2. and 16.75 (2m) (b) 2.; to renumber and amend
216.75 (1) (a) 1., 16.75 (1) (b) 1. and 16.75 (2m) (b) 1.; to amend 16.75 (1) (b) 3.
3and 16.75 (2m) (a); and to create 16.75 (1) (a) 1. c., 16.75 (1) (b) 1g., 16.75 (1)
4(b) 2m., 16.75 (2m) (b) 1g. and 16.75 (2m) (b) 2m. of the statutes; relating to:
5the purchase of food by the Board of Regents of the University of Wisconsin
6System.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB432-ASA1,1 7Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
8is renumbered 16.75 (1) (a) 1. a. and amended to read:
AB432-ASA1,2,49 16.75 (1) (a) 1. a. All orders awarded or contracts made by the department for
10all materials, supplies, equipment, and contractual services to be provided to any
11agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),

1(6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05
2(7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest
3responsible bidder, taking into consideration to be determined as provided in subd.
41. b. and c.
AB432-ASA1,2,9 5b. Except as provided in subd. 1. c., the person who determines the lowest
6responsible bidder shall consider
life cycle cost estimates under sub. (1m), when
7appropriate, the location of the agency, the quantities of the articles to be supplied,
8their conformity with the specifications, and the purposes for which they are
9required and the date of delivery.
AB432-ASA1,2 10Section 2. 16.75 (1) (a) 1. c. of the statutes is created to read:
AB432-ASA1,2,1411 16.75 (1) (a) 1. c. If the Board of Regents of the University of Wisconsin-System
12is purchasing food and the purchase is subject to par. (b), factors other than price may
13not comprise more than 50 percent of the total factors used to determine the lowest
14responsible bidder.
AB432-ASA1,3 15Section 3. 16.75 (1) (b) 1. of the statutes is renumbered 16.75 (1) (b) 1m. and
16amended to read:
AB432-ASA1,2,1817 16.75 (1) (b) 1m. Except as provided in subd. 2. 2m., when the estimated cost
18exceeds $25,000 $50,000, the department shall invite bids to be submitted.
AB432-ASA1,4 19Section 4. 16.75 (1) (b) 1g. of the statutes is created to read:
AB432-ASA1,2,2120 16.75 (1) (b) 1g. In this paragraph, "produced" means grown or processed in a
21manner that added at least 51 percent of its present value to the food item.
AB432-ASA1,5 22Section 5. 16.75 (1) (b) 2. of the statutes is repealed.
AB432-ASA1,6 23Section 6. 16.75 (1) (b) 2m. of the statutes is created to read:
AB432-ASA1,3,324 16.75 (1) (b) 2m. If the Board of Regents of the University of Wisconsin-System
25is purchasing food and the food is produced within a 100-mile radius of the site to

1which the food will be delivered, the person who produced the food or who distributes
2the food may receive the award without submitting a bid if the estimated cost does
3not exceed $100,000.
AB432-ASA1,7 4Section 7. 16.75 (1) (b) 3. of the statutes is amended to read:
AB432-ASA1,3,165 16.75 (1) (b) 3. If subd. 1. or 2. 1m. requires bids to be solicited, the department
6either shall solicit sealed bids to be opened publicly at a specified date and time, or
7shall solicit bidding by auction to be conducted electronically at a specified date and
8time. Whenever bids are invited, due notice inviting bids shall be published as a class
92 notice, under ch. 985 or posted on the Internet at a site determined or approved by
10the department. The bid opening or auction shall occur at least 7 days after the date
11of the last insertion of the notice or at least 7 days after the date of posting on the
12Internet. The notice shall specify whether sealed bids are invited or bids will be
13accepted by auction, and shall give a clear description of the materials, supplies,
14equipment, or contractual services to be purchased, the amount of any bond, share
15draft, check, or other draft to be submitted as surety with the bid or prior to the
16auction, and the date and time that the public opening or the auction will be held.
AB432-ASA1,8 17Section 8. 16.75 (2m) (a) of the statutes is amended to read:
AB432-ASA1,3,2518 16.75 (2m) (a) Except as otherwise required by law, if the secretary or his or
19her designee determines that the use of competitive sealed bidding is not practicable
20or not advantageous to this state, the department may solicit competitive sealed
21proposals. Each request for competitive sealed proposals shall state the relative
22importance of price and other evaluation factors. If the Board of Regents of the
23University of Wisconsin-System is purchasing food, factors other than price may not
24comprise more than 50 percent of the total factors used to determine the most
25competitive sealed proposal.
AB432-ASA1,9
1Section 9. 16.75 (2m) (b) 1. of the statutes is renumbered 16.75 (2m) (b) 1m.
2and amended to read:
AB432-ASA1,4,43 16.75 (2m) (b) 1m. Except as provided in subd. 2. 2m., when the estimated cost
4exceeds $25,000 $50,000, the department may invite competitive sealed proposals.
AB432-ASA1,10 5Section 10. 16.75 (2m) (b) 1g. of the statutes is created to read:
AB432-ASA1,4,76 16.75 (2m) (b) 1g. In this paragraph, "produced" has the meaning given in sub.
7(1) (b) 1g.
AB432-ASA1,11 8Section 11. 16.75 (2m) (b) 2. of the statutes is repealed.
AB432-ASA1,12 9Section 12. 16.75 (2m) (b) 2m. of the statutes is created to read:
AB432-ASA1,4,1410 16.75 (2m) (b) 2m. If the Board of Regents of the University of
11Wisconsin-System is purchasing food and the food is produced within a 100-mile
12radius of the site to which the food will be delivered, the person who produced the food
13or who distributes the food may receive the award without submitting a competitive
14sealed proposal if the estimated cost does not exceed $100,000.
AB432-ASA1,13 15Section 13. Initial applicability.
AB432-ASA1,4,1716 (1) This act first applies with respect to bids or proposals solicited on the
17effective date of this subsection.
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