Amendment ASA2-AB432

LRBs0302/1

CMH:wlj:jf

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 432

February 13, 2014 - Offered by Representatives Clark and Smith.

AB432-ASA2,1,5 An Act to repeal 16.75 (1) (b) 2. and 16.75 (2m) (b) 2.; to renumber and amend 16.75 (1) (a) 1.; to amend 16.75 (1) (b) 1., 16.75 (1) (b) 3., 16.75 (1) (c), 16.75 (2m) (a), 16.75 (2m) (b) 1. and 16.75 (2m) (c); and to create 16.75 (1) (a) 1. c. of the statutes; relating to: the purchase of food by the Board of Regents of the University of Wisconsin System.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB432-ASA2,1 Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 16.75 (1) (a) 1. a. and amended to read:

AB432-ASA2,2,3 16.75 (1) (a) 1. a. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration to be determined as provided in subd. 1. b. and c.

AB432-ASA2,2,8 b. Except as provided in subd. 1. c., the person who determines the lowest responsible bidder shall consider life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB432-ASA2,2 Section 2. 16.75 (1) (a) 1. c. of the statutes is created to read:

AB432-ASA2,2,13 16.75 (1) (a) 1. c. If the Board of Regents of the University of Wisconsin-System is purchasing food and the purchase is subject to par. (b), factors other than price may not comprise more than 50 percent of the total factors used to determine the lowest responsible bidder.

AB432-ASA2,3 Section 3. 16.75 (1) (b) 1. of the statutes is amended to read:

AB432-ASA2,2,16 16.75 (1) (b) 1. Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $50,000, the department shall invite bids to be submitted.

AB432-ASA2,4 Section 4. 16.75 (1) (b) 2. of the statutes is repealed.

AB432-ASA2,5 Section 5. 16.75 (1) (b) 3. of the statutes is amended to read:

AB432-ASA2,3,5 16.75 (1) (b) 3. If subd. 1. or 2. requires bids to be solicited, the department either shall solicit sealed bids to be opened publicly at a specified date and time, or shall solicit bidding by auction to be conducted electronically at a specified date and time. Whenever bids are invited, due notice inviting bids shall be published as a class 2 notice, under ch. 985 or posted on the Internet at a site determined or approved by the department. The bid opening or auction shall occur at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet. The notice shall specify whether sealed bids are invited or bids will be accepted by auction, and shall give a clear description of the materials, supplies, equipment, or contractual services to be purchased, the amount of any bond, share draft, check, or other draft to be submitted as surety with the bid or prior to the auction, and the date and time that the public opening or the auction will be held.

AB432-ASA2,6 Section 6. 16.75 (1) (c) of the statutes is amended to read:

AB432-ASA2,3,9 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $25,000 $50,000 or less, the award may be made in accordance with simplified procedures established by the department for such transactions.

AB432-ASA2,7 Section 7. 16.75 (2m) (a) of the statutes is amended to read:

AB432-ASA2,3,18 16.75 (2m) (a) Except as otherwise required by law, if the secretary or his or her designee determines that the use of competitive sealed bidding is not practicable or not advantageous to this state, the department may solicit competitive sealed proposals. Each request for competitive sealed proposals shall state the relative importance of price and other evaluation factors. If the Board of Regents of the University of Wisconsin-System is purchasing food, factors other than price may not comprise more than 50 percent of the total factors used to determine the most competitive sealed proposal.

AB432-ASA2,8 Section 8. 16.75 (2m) (b) 1. of the statutes is amended to read:

AB432-ASA2,3,21 16.75 (2m) (b) 1. Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $50,000, the department may invite competitive sealed proposals.

AB432-ASA2,9 Section 9. 16.75 (2m) (b) 2. of the statutes is repealed.

AB432-ASA2,10 Section 10. 16.75 (2m) (c) of the statutes is amended to read:

AB432-ASA2,4,3 16.75 (2m) (c) When the estimated cost is $25,000 $50,000 or less, the department may award the order or contract in accordance with simplified procedures established by the department for such transactions.

AB432-ASA2,11 Section 11. Initial applicability.

AB432-ASA2,4,6 (1) This act first applies with respect to bids or proposals solicited on the effective date of this subsection.

AB432-ASA2,4,7 (End)