AB150: Bill Text

AB150,209,18 16.70 (2) "Authority" means a body created under ch. 231, 232, 233 or 234.

AB150, s. 360 Section 360. 16.701 of the statutes is created to read:

AB150,209,23 16.701 Subscription service. The department may provide a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities. The department shall charge a fee for any such service. The department shall prescribe the amount of the fee by rule.

AB150, s. 361 Section 361. 16.702 of the statutes is created to read:

AB150,210,7 16.702 Contract administration fees. (1) The department shall by rule prescribe a contract administration fee to be paid for each state fiscal year by providers of materials, supplies, equipment or contractual services to agencies. Different contract administration fees may be assessed on the basis of different total dollar volumes of sales by providers to agencies within the fiscal year in which the fee is assessed or the preceding fiscal year.

AB150,210,17 (2) Except as authorized in sub. (3), no person may provide any materials, supplies, equipment or contractual services to any agency or agencies having an aggregate cost to the state exceeding $500 within any fiscal year unless that person has paid to the department the fee prescribed under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided. If different fees are assessed under sub. (1) for different total dollar volumes of sales, no person may provide any materials, supplies, equipment or contractual services to any agency or agencies exceeding the dollar volume applicable to the fee which the person has paid under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided.

AB150,210,21 (3) The secretary may waive payment of the fee prescribed under this section if the secretary determines that a waiver will enhance competition between prospective vendors or if the secretary otherwise determines that a waiver of the fee for any vendor or class of vendors is in the best interest of the state.

AB150,210,23 (4) The department shall deposit all revenues received from fees assessed under this section in the information technology investment fund.

AB150, s. 362 Section 362. 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB150,211,9 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:

AB150, s. 363 Section 363. 16.72 (2) (f) of the statutes is amended to read:

AB150,211,19 16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1) and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 159.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

AB150, s. 364 Section 364. 16.72 (7) (intro.) of the statutes is amended to read:

AB150,212,2 16.72 (7) (intro.)  Annually, by March 1, the department shall submit to the council on recycling market development board a report regarding the department's resource recovery and recycling activities of the preceding year. The report shall include information concerning the level of compliance by the department and other agencies and authorities other than the University of Wisconsin Hospitals and Clinics Authority with all of the following and reasons for any failure to fully comply with all of the following:

****Note: This is reconciled s. 16.72 (7) (intro.). This Section has been affected by drafts with the following LRB numbers: LRB-2017 and LRB-2598.

AB150, s. 365 Section 365. 16.72 (7) (a) of the statutes is amended to read:

AB150,212,8 16.72 (7) (a) The requirements under s. 16.75 (8) (a) and (9) that the department and other purchasing agents and authorities specified in sub. (2) (e) and (f) make purchasing selections using specifications prescribed under sub. (2) (e) and (f) and specifically that each such agency and authority ensure that a minimum proportion of its aggregate paper purchases be recycled fiber.

AB150, s. 366 Section 366. 16.72 (7) (c) of the statutes is amended to read:

AB150,212,12 16.72 (7) (c) The requirement of s. 16.15 (3) that agencies and authorities to which s. 16.15 (3) applies separate for recycling the materials specified in that subsection.

AB150, s. 367 Section 367. 16.73 (5) of the statutes is created to read:

AB150,212,21 16.73 (5) If the department designates the board of regents of the University of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the board may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.

AB150, s. 368 Section 368. 16.75 (1) (a) 1. of the statutes is amended to read:

AB150,213,8 16.75 (1) (a) 1. 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) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration 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.

AB150, s. 369 Section 369. 16.75 (1) (b) of the statutes is amended to read:

AB150,213,15 16.75 (1) (b) When the estimated cost exceeds $10,000 $25,000, due notice inviting bids shall be published as a class 2 notice, under ch. 985, and the bids shall not be opened until at least 7 days from the last day of publication. The official advertisement shall give a clear description of the materials, supplies, equipment or service to be purchased, the amount of the bond, share draft, check or other draft to be submitted as surety with the bid and the date of public opening.

AB150, s. 370 Section 370. 16.75 (1) (c) of the statutes is amended to read:

AB150,213,19 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $10,000 $25,000 or less, the award may be made in accordance with simplified procedures established by the department for such transactions.

AB150, s. 371 Section 371. 16.75 (1m) of the statutes is amended to read:

AB150,214,7 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

AB150, s. 372 Section 372. 16.75 (2m) (b) of the statutes is amended to read:

AB150,214,14 16.75 (2m) (b) When the estimated cost exceeds $10,000 $25,000, the department shall publish a class 2 notice under ch. 985 inviting competitive sealed proposals. The advertisement shall describe the materials, supplies, equipment or service to be purchased, the intent to solicit proposals rather than bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice.

AB150, s. 373 Section 373. 16.75 (2m) (c) of the statutes is amended to read:

AB150,214,18 16.75 (2m) (c) When the estimated cost is $10,000 $25,000 or less, the department may award the order or contract in accordance with simplified procedures established by the department for such transactions.

AB150, s. 374 Section 374. 16.75 (3t) (a) of the statutes is amended to read:

AB150,214,21 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.61 (2) (ad) 16.97 (5m).

AB150, s. 375 Section 375. 16.75 (4) (a) (intro.) of the statutes is amended to read:

AB150,215,3 16.75 (4) (a) (intro.) The department shall encourage the participation of small businesses and veteran-owned businesses in the statewide purchasing program by ensuring that there are no undue impediments to such participation and by actively encouraging small businesses and veteran-owned businesses to play an active role in the solicitation of public purchasing business by agencies. To that end the department shall:

AB150, s. 376 Section 376. 16.75 (6) (am) 1. of the statutes is repealed.

AB150, s. 377 Section 377. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and amended to read:

AB150,215,9 16.75 (6) (am) Subsections (1) and (3t) do not apply to major procurements by the division of information technology services or by the division of technology management of the department.

AB150, s. 378 Section 378. 16.75 (6) (b) of the statutes is amended to read:

AB150,215,17 16.75 (6) (b) If the secretary determines that it is in the best interest of this state to do so, he or she may waive the requirements of subs. (1) to (5) and may purchase supplies, materials, equipment or contractual services, other than printing and stationery, from another state, from any county, city, village, town or other governmental body in this state or from a regional or national consortium composed of nonprofit institutions that support governmental or educational services, or through a contract established by one of those entities with one or more 3rd parties.

AB150, s. 379 Section 379. 16.75 (6) (c) of the statutes is amended to read:

AB150,216,4 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) and may purchase supplies, material, equipment or contractual services, other than printing and stationery, from a private source other than a source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $10,000 $25,000, the department shall publish a class 2 notice under ch. 985 describing the materials, supplies, equipment or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date shall be at least 7 days after the date of the last insertion.

AB150, s. 380 Section 380. 16.75 (8) (a) 1. of the statutes is amended to read:

AB150,216,11 16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.

AB150, s. 381 Section 381. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:

AB150,216,17 16.75 (8) (a) 2. (intro.) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a calendar year, is not less than the following:

AB150, s. 382 Section 382. 16.75 (9) of the statutes is amended to read:

AB150,216,23 16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

AB150, s. 383 Section 383. 16.752 (7) (a) 1. of the statutes is amended to read:

AB150,217,3 16.752 (7) (a) 1. A legible copy of the articles of incorporation of the organization showing the date of filing and with the seal of the secretary of state department of revenue.

AB150, s. 384 Section 384. 16.752 (8) (e) of the statutes is amended to read:

AB150,217,8 16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of industry, labor and human relations development.

AB150, s. 385 Section 385. 16.76 (1) of the statutes is amended to read:

AB150,217,15 16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).

AB150, s. 386 Section 386. 16.765 (1) of the statutes is amended to read:

AB150,217,24 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation under ch. 232 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB150, s. 387 Section 387. 16.765 (2) (intro.) and (a) of the statutes are consolidated, renumbered 16.765 (2) and amended to read:

AB150,218,17 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: (a) "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause."

AB150, s. 388 Section 388. 16.765 (4) to (7) (intro.) of the statutes are amended to read:

AB150,218,22 16.765 (4) The contracting Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall take appropriate action to revise the standard government contract forms under this section.

AB150,219,8 (5) The head of each contracting agency and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB150,219,14 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation for processing in accordance with the department's procedures.

AB150,219,19 (7) (intro.)  When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation shall:

AB150, s. 389 Section 389. 16.765 (7) (d) of the statutes is amended to read:

AB150,219,24 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation.

AB150, s. 390 Section 390. 16.78 (1) of the statutes is amended to read:

AB150,220,8 16.78 (1) Every agency other than the board of regents of the university of Wisconsin system or an agency making purchases under s. 16.74 shall purchase all computer services from the division of information technology services in the department of administration, unless the division grants written authorization to the agency to procure the services under s. 16.75 (1), to purchase the services from another agency or to provide the services to itself. The board of regents of the university of Wisconsin system may purchase computer services from the division of information technology services.

AB150, s. 391 Section 391. 16.84 (3) (intro.) of the statutes is created to read:

AB150,220,13 16.84 (3) (intro.) Contract with the gaming commission for the performance of the gaming security functions specified in s. 561.02 (2), if so requested by the gaming commission. If the department contracts with the gaming commission for the performance of these functions, the department shall:

AB150, s. 392 Section 392. 16.84 (5) of the statutes is amended to read:

AB150,220,24 16.84 (5) Have responsibility, subject to approval of the governor, for all functions relating to the leasing, acquisition, allocation and utilization of all real property by the state, except where such responsibility is otherwise provided by the statutes. In this connection, the department shall, with the governor's approval, require physical consolidation of office space utilized by any agency having fewer than 50 authorized full-time equivalent positions with office space utilized by another agency, whenever feasible. The department shall lease or acquire office space for legislative offices or legislative service agencies at the direction of the joint committee on legislative organization. In this subsection, "agency" has the meaning given in s. 16.70 (1) but does not include the legislature or a legislative service agency.

AB150, s. 393 Section 393. 16.84 (14) of the statutes is created to read:

AB150,221,3 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd).

AB150, s. 394 Section 394. 16.845 (1) of the statutes is amended to read:

AB150,221,21 16.845 (1) Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums are to payable to the state shall be paid into the general fund and to be credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This section subsection applies only to those buildings, facilities and grounds for which a procedure for obtaining a permit has been established by the managing authority.

AB150, s. 395 Section 395. 16.847 (4) (a) of the statutes is repealed.

AB150, s. 396 Section 396. 16.847 (4) (h) of the statutes is repealed.

AB150, s. 397 Section 397. 16.847 (4) (hm) of the statutes is created to read:

AB150,221,25 16.847 (4) (hm) Section 20.505 (1) (ec).

AB150, s. 398 Section 398. 16.85 (1) of the statutes is amended to read:

AB150,222,17 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of industry, labor and human relations development, department of revenue, public service commission, department of health and social services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.

AB150, s. 399 Section 399. 16.85 (2) of the statutes is amended to read:

AB150,223,3 16.85 (2) To furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

AB150, s. 400 Section 400. 16.85 (14) of the statutes is created to read:

AB150,223,13 16.85 (14) To review and approve the design, specifications and construction of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land and to periodically review the progress of the construction or improvement project during construction to assure compliance with the approved design and specifications, except that this subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents of the University of Wisconsin System under s. 233.04 (7) (d).

AB150, s. 401 Section 401. 16.865 (8) of the statutes is amended to read:

AB150,224,3 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 232, 233, 234 or 235.