AB150-engrossed,121,320
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
21materials, supplies, equipment and contractual services
to be provided to any
22agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
23(6), (7), (8) and (9) and ss.
16.706 (7), 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and
24159.15 (7), shall be awarded to the lowest responsible bidder, taking into
25consideration life cycle cost estimates under sub. (1m), when appropriate, the
1location of the agency, the quantities of the articles to be supplied, their conformity
2with the specifications, and the purposes for which they are required and the date
3of delivery.
AB150-engrossed, s. 368m
4Section 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin
5Act .... (this act), is repealed and recreated to read:
AB150-engrossed,121,136
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
7materials, supplies, equipment and contractual services to be provided to any
8agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
9(6), (7), (8) and (9) and ss. 16.706 (7), 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and
10301.265, shall be awarded to the lowest responsible bidder, taking into consideration
11life cycle cost estimates under sub. (1m), when appropriate, the location of the
12agency, the quantities of the articles to be supplied, their conformity with the
13specifications, and the purposes for which they are required and the date of delivery.
AB150-engrossed,121,2315
16.75
(1) (a) 3.
Bids Except as provided in s. 16.706 (8) (e), bids may be received
16only in accordance with such specifications as are adopted by the department as
17provided in this subsection. Any or all bids may be rejected. Each bid, with the name
18of the bidder, shall be entered on a record, and each record with the successful bid
19indicated shall, after the award or letting of the contract, be opened to public
20inspection. Where a low bid is rejected, a complete written record shall be compiled
21and filed, giving the reason in full for such action. Any waiver of sealed, advertised
22bids as provided in sub. (2m) or (6) shall be entered on a record kept by the
23department and open to public inspection.
AB150-engrossed,122,13
116.75
(1m) The Except as otherwise directed under s. 16.706 (7), the 2department shall award each order or contract for materials, supplies or equipment
3on the basis of life cycle cost estimates, whenever such action is appropriate. Each
4authority
other than the University of Wisconsin Hospitals and Clinics Authority 5shall award each order or contract for materials, supplies or equipment on the basis
6of life cycle cost estimates, whenever such action is appropriate. The terms,
7conditions and evaluation criteria to be applied shall be incorporated in the
8solicitation of bids or proposals. The life cycle cost formula may include, but is not
9limited to, the applicable costs of energy efficiency, acquisition and conversion,
10money, transportation, warehousing and distribution, training, operation and
11maintenance and disposition or resale. The department shall prepare documents
12containing technical guidance for the development and use of life cycle cost
13estimates, and shall make the documents available to local governmental units.
AB150-engrossed,122,2315
16.75
(2) (a)
When Unless otherwise directed under s. 16.706 (7), whenever the
16department
of administration believes that it is to the best interests of the state to
17purchase certain patented or proprietary articles, other than printing and
18stationery, it may purchase said articles without the usual statutory procedure. All
19equipment shall be purchased from the lowest and best bidder as determined by the
20bids and a comparison of the detailed specifications submitted with the bids, and
21after due advertisement as herein before provided. Where the low bid or bids are
22rejected, a complete written record shall be compiled and filed, giving the reasons in
23full for such action.
AB150-engrossed,123,4
116.75
(2g) (a)
The Unless otherwise directed under s. 16.706 (4), the purchasing
2authority under s. 16.71 (2) may make purchases for products of and goods for resale
3by prison industries, other than purchases of printing or stationery, without inviting
4bids and without accepting the lowest responsible bid.
AB150-engrossed,123,76
16.75
(3t) (a) In this subsection, "form" has the meaning given under s.
16.61
7(2) (ad) 16.97 (5m).
AB150-engrossed,123,149
16.75
(4) (a) (intro.) The department shall encourage the participation of small
10businesses and veteran-owned businesses in the statewide purchasing program by
11ensuring that there are no undue impediments to such participation and by actively
12encouraging small businesses and veteran-owned businesses to play an active role
13in the solicitation of
public purchasing business
by agencies. To that end the
14department shall:
AB150-engrossed,123,2116
16.75
(8) (a) 1. The department, any other designated purchasing agent under
17s. 16.71 (1), any agency making purchases under s. 16.74 and each authority
other
18than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent
19practicable, make purchasing selections using specifications developed under s.
2016.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
21recovered materials.
AB150-engrossed,124,223
16.75
(8) (a) 2. (intro.) Each agency and authority
other than the University
24of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled
25or recovered content of all paper purchased by the agency or authority measured as
1a proportion, by weight, of the fiber content of paper products purchased in a
2calendar year, is not less than the following:
AB150-engrossed,124,54
16.75
(8) (b) Paragraph (a) does not apply to purchases which the department
5is directed to make under s. 16.706 (7).
AB150-engrossed,124,117
16.75
(9) The Unless otherwise directed under s. 16.706 (8) (e), the department,
8any other designated purchasing agent under s. 16.71 (1), any agency making
9purchases under s. 16.74 and any authority
other than the University of Wisconsin
10Hospitals and Clinics Authority shall, to the extent practicable, make purchasing
11selections using specifications prepared under s. 16.72 (2) (f).
AB150-engrossed,124,2013
16.75
(10) An agency that has building, fleet or energy management
14responsibilities shall, to the extent cost-effective and technically feasible, rely upon
15energy systems that utilize fuels produced in this state. In reviewing bids for the
16purchase of fuels or energy systems or equipment, the agency shall purchase fuel or
17energy systems or equipment produced in this state if the cost of the lowest
18responsible bid for such fuel or energy systems or equipment is no greater than the
19lowest responsible bid for fuel or energy systems or equipment produced outside of
20this state.
This subsection does not apply to purchases made under s. 16.706 (7).
AB150-engrossed,124,2422
16.752
(7) (a) 1. A legible copy of the articles of incorporation of the organization
23showing the date of filing
and with the
seal of the secretary of state department of
24financial institutions.
AB150-engrossed,125,4
116.752
(8) (e) Comply with applicable occupational health and safety standards
2prescribed by the U.S. secretary of labor, the federal occupational health and safety
3administration or the department of
industry, labor and human relations 4development.
AB150-engrossed,125,156
16.754
(3) Exemptions. (intro.) Subsection (2) does not apply if the materials
7are purchased for the purpose of commercial resale or for the purpose of use in the
8production of goods for commercial sale. Subsection (2) does not apply to the
9purchase of stationery and printing materials. Subsection (2) does not apply if the
10department determines, under s. 16.75 (1) (a) 2., that the foreign nation or
11subdivision thereof in which the vendor is domiciled does not give preference to
12vendors domiciled in that nation or subdivision in making governmental purchases.
13Subsection (2) does not apply if the competitive enterprise review board otherwise
14directs under s. 16.706 (7). Subsection (2) does not apply if the department or other
15person having contracting authority in respect to the purchase determines that:
AB150-engrossed,125,2217
16.76
(1) All contracts for materials, supplies, equipment or contractual
18services
to be provided to any agency shall run to the state of Wisconsin. Such
19contracts shall be signed by the secretary or an individual authorized by the
20secretary, except that contracts entered into directly by the legislature, the courts or
21a legislative service or judicial branch agency shall be signed by an individual
22authorized under s. 16.74 (2) (b).
AB150-engrossed,126,624
16.765
(1) Contracting agencies
, the University of Wisconsin Hospitals and
25Clinics Authority and the Bradley center sports and entertainment corporation
1under ch. 232 shall include in all contracts executed by them a provision obligating
2the contractor not to discriminate against any employe or applicant for employment
3because of age, race, religion, color, handicap, sex, physical condition, developmental
4disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
5or national origin and, except with respect to sexual orientation, obligating the
6contractor to take affirmative action to ensure equal employment opportunities.
AB150-engrossed, s. 387
7Section
387. 16.765 (2) (intro.) and (a) of the statutes are consolidated,
8renumbered 16.765 (2) and amended to read:
AB150-engrossed,126,239
16.765
(2) Contracting agencies
, the University of Wisconsin Hospitals and
10Clinics Authority and the Bradley center sports and entertainment corporation shall
11include the following provision in every contract executed by them:
(a) "In
12connection with the performance of work under this contract, the contractor agrees
13not to discriminate against any employe or applicant for employment because of age,
14race, religion, color, handicap, sex, physical condition, developmental disability as
15defined in s. 51.01 (5), sexual orientation or national origin. This provision shall
16include, but not be limited to, the following: employment, upgrading, demotion or
17transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
18or other forms of compensation; and selection for training, including apprenticeship.
19Except with respect to sexual orientation, the contractor further agrees to take
20affirmative action to ensure equal employment opportunities. The contractor agrees
21to post in conspicuous places, available for employes and applicants for employment,
22notices to be provided by the contracting officer setting forth the provisions of the
23nondiscrimination clause.
AB150-engrossed,127,4
116.765
(4) The contracting
Contracting agencies
, the University of Wisconsin
2Hospitals and Clinics Authority and the Bradley center sports and entertainment
3corporation shall take appropriate action to revise the standard government contract
4forms under this section.
AB150-engrossed,127,15
5(5) The head of each contracting agency and the
board boards of directors of the
6University of Wisconsin Hospitals and Clinics Authority and the Bradley center
7sports and entertainment corporation shall be primarily responsible for obtaining
8compliance by any contractor with the nondiscrimination and affirmative action
9provisions prescribed by this section, according to procedures recommended by the
10department. The department shall make recommendations to the contracting
11agencies and the
board boards of directors of the
University of Wisconsin Hospitals
12and Clinics Authority and the Bradley center sports and entertainment corporation
13for improving and making more effective the nondiscrimination and affirmative
14action provisions of contracts. The department shall promulgate such rules as may
15be necessary for the performance of its functions under this section.
AB150-engrossed,127,21
16(6) The department may receive complaints of alleged violations of the
17nondiscrimination provisions of such contracts. The department shall investigate
18and determine whether a violation of this section has occurred. The department may
19delegate this authority to the contracting agency
, the University of Wisconsin
20Hospitals and Clinics Authority or the Bradley center sports and entertainment
21corporation for processing in accordance with the department's procedures.
AB150-engrossed,128,2
22(7) (intro.) When a violation of this section has been determined by the
23department, the contracting agency
, the University of Wisconsin Hospitals and
24Clinics Authority or the Bradley center sports and entertainment corporation, the
1contracting agency
, the University of Wisconsin Hospitals and Clinics Authority or
2the Bradley center sports and entertainment corporation shall:
AB150-engrossed,128,74
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
5further violations of this section and to report its corrective action to the contracting
6agency
, the University of Wisconsin Hospitals and Clinics Authority or the Bradley
7center sports and entertainment corporation.
AB150-engrossed,128,17
916.78 Purchases from division of information technology services. (1)
10Every agency other than the board of regents of the university of Wisconsin system
11or an agency making purchases under s. 16.74 shall purchase all
mainframe 12computer services from the division of information technology services in the
13department
of administration, unless the division grants written authorization to
14the agency to procure the services under s. 16.75 (1), to purchase the services from
15another agency or to provide the services to itself. The board of regents of the
16university of Wisconsin system may purchase
mainframe computer services from the
17division of information technology services.
AB150-engrossed,128,20
18(2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of
19mainframe computer services by any agency from the division of information
20technology services.
AB150-engrossed,129,3
2216.80 Purchases of computers by teachers. The department shall
23negotiate with private vendors to facilitate the purchase of computers and other
24educational technology, as defined in s. 16.922 (1) (c), by public and private
25elementary and secondary school teachers for their private use. The department
1shall attempt to make available types of computers and other educational technology
2under this section that will encourage and assist teachers in becoming
3knowledgeable about the technology and its uses and potential uses in education.
AB150-engrossed,129,75
16.82
(4) (a)
May Unless otherwise directed under s. 16.706, may produce or
6contract to have produced, printing of classes 1, 3 and 4, and excerpts from the
7statutes under class 2, and all materials offered by state agencies for production.
AB150-engrossed,129,119
16.84
(3) Contract with the gaming commission for the performance of building
10and warehouse protection relating to ch. 565, if so requested by the gaming
11commission.
AB150-engrossed, s. 391r
12Section 391r. 16.84 (3) of the statutes, as created by 1995 Wisconsin Act
13....(this act), is amended to read:
AB150-engrossed,129,1614
16.84
(3) Contract with the
gaming commission department of revenue for the
15performance of building and warehouse protection relating to ch. 565, if so requested
16by the
gaming commission department of revenue.
AB150-engrossed,130,218
16.84
(5) Have responsibility, subject to approval of the governor, for all
19functions relating to the leasing, acquisition, allocation and utilization of all real
20property by the state, except where such responsibility is otherwise provided by the
21statutes.
In this connection, the department shall, with the governor's approval,
22require physical consolidation of office space utilized by any executive branch agency
23having fewer than 50 authorized full-time equivalent positions with office space
24utilized by another executive branch agency, whenever feasible. The department
25shall lease or acquire office space for legislative offices or legislative service agencies
1at the direction of the joint committee on legislative organization.
In this subsection,
2"executive branch agency" has the meaning given in s. 16.70 (4).
AB150-engrossed,130,64
16.84
(14) Provide interagency mail delivery service for agencies, as defined
5in s. 16.70 (1). The department may charge agencies for this service. Any moneys
6collected shall be credited to the appropriation account under s. 20.505 (1) (kd).
AB150-engrossed,130,248
16.845
(1) Rule; penalty. Except as elsewhere expressly prohibited, the
9managing authority of any facility owned by the state
or by the University of
10Wisconsin Hospitals and Clinics Authority may permit its use for free discussion of
11public questions, or for civic, social, recreational or athletic activities. No such use
12shall be permitted if it would unduly burden the managing authority or interfere
13with the prime use of such facility. The applicant for use shall be liable to the state
14or to the University of Wisconsin Hospitals and Clinics Authority for any injury done
15to its property, for any expense arising out of any such use and for such sum as the
16managing authority may charge for such use. All such sums
are to payable to the
17state shall be paid into the general fund and
to be credited to the appropriation
18account for the operation of the facility used. The managing authority may permit
19such use notwithstanding the fact that a reasonable admission fee may be charged
20to the public. Whoever does or attempts to do an act for which a permit is required
21under this section without first obtaining the permit may be fined not more than
22$100 or imprisoned not more than 30 days or both. This
section subsection applies
23only to those
buildings, facilities
and grounds for which a procedure for obtaining a
24permit has been established
by the managing authority.
AB150-engrossed,131,2
116.846 Fine arts in state buildings program. (1) Definitions. In this
2section:
AB150-engrossed,131,33
(a) "State building" has the meaning given in s. 44.51 (2).
AB150-engrossed,131,44
(b) "Work of art" has the meaning given in s. 44.51 (3).
AB150-engrossed,131,12
5(2) Minimum expenditure required. (a) Except as provided in par. (b), at least
60.02% of the appropriation for the construction, reconstruction, renovation or
7remodeling of or addition to a state building, including but not limited to amounts
8appropriated for design and supervision, site preparation, equipment and
9administrative and personnel costs, shall be utilized to acquire one or more works
10of art to be incorporated into the structure for which the appropriation was made, or
11displayed inside or on the grounds of that structure and to fund all administrative
12costs that the board incurs in acquiring one or more works of art.
AB150-engrossed,131,1813
(b) If the state building to which this section applies is located contiguous to
14other state buildings, the advisory committee acting under sub. (3) may apply the
15funds set aside under par. (a) to the acquisition, including all associated
16administrative costs, of one or more works of art to be incorporated into one of the
17other contiguous buildings or to be displayed on the grounds of one or more of the
18contiguous state buildings.
AB150-engrossed,131,22
19(3) Advisory committee. (a) After selection of the architect for any project
20subject to this section, the department shall convene an advisory committee for the
21purpose of reviewing and recommending works of art to be incorporated into the
22structure.
AB150-engrossed,131,2423
(b) The advisory committee shall consist of at least 5 members appointed by the
24secretary, including:
AB150-engrossed,132,2
11. At least 2 persons who are artists, art educators, art administrators,
2museum directors or curators, art critics or art collectors.
AB150-engrossed,132,43
2. At least 2 persons who are project managers, architects, users of the building
4or members of the building commission.
AB150-engrossed,132,11
5(4) Contracts with artists. (a) After review of the recommendations of the
6advisory committee convened under sub. (3), the department shall make the final
7selection of the artist and the work of art to be incorporated into the project. The
8department shall ensure that the aggregate of works of art selected under this
9section represent a wide variety of art forms executed by the broadest feasible
10diversity of artists, except that the department shall give preference to artists who
11are residents of this state.
AB150-engrossed,132,1512
(b) 1. The department shall enter into one or more contracts to procure the work
13of art selected for the project. Except as provided in subd. 2., the contracts shall
14provide for sole ownership of the works of art acquired under this section in the state
15of Wisconsin.
AB150-engrossed,132,2316
2. If the work of art to be acquired is an existing work of art and is no longer
17subject to the control of the artist originating the work of art, the contract shall
18provide sole ownership in the state of Wisconsin, subject to the existing obligations,
19if any, of the owner to the originating artist. If the work of art selected is a work of
20art which is owned by the artist originating the work of art or if the work of art has
21not been executed on the date of the contract, the contract shall provide for sole
22ownership in the state of Wisconsin, subject to the following rights retained by the
23artist unless limited by written agreement between the department and the artist:
AB150-engrossed,132,2424
a. The right to claim authorship of the work of art.
AB150-engrossed,133,2
1b. The right to reproduce the work of art, including all rights secured to the
2artist under federal copyrights laws.
AB150-engrossed,133,4
3(5) Department responsibilities. After acquisition of the work of art under sub.
4(4), the department shall:
AB150-engrossed,133,65
(a) Ensure proper execution of the work of art, if the work of art is a new work
6of art.
AB150-engrossed,133,87
(b) Ensure that the work of art acquired under this section is properly installed
8within the public view.
AB150-engrossed,133,119
(c) Consult with the artist or the artist's representative to ensure that each
10work of art acquired under this section is properly maintained and is not artistically
11altered without the consent of the artist or the artist's representative.
AB150-engrossed,133,1912
(d) Ensure that any work of art acquired under this section is maintained and
13displayed on the grounds of the state building for at least 25 years, unless the
14department finds that earlier removal is in the public interest. When the
15department, in consultation with the agency making principal use of the building to
16which the work of art is appurtenant, determines that the work of art should be
17removed, the department shall loan the work of art to an accredited museum in the
18state or to an educational or other appropriate public institution capable of
19maintaining and exhibiting the work of art.
AB150-engrossed,133,20
20(6) Applicability. (a) This section does not apply to any of the following:
AB150-engrossed,133,2321
1. Any contract for the construction, reconstruction, renovation or remodeling
22of or addition to any state building if the total construction cost of the project is
23$250,000 or less.
AB150-engrossed,133,2524
2. Sheds, warehouses, highways or streets, or other buildings or spaces which
25are not open for entry by the general public in the normal use of the building or space.
AB150-engrossed,134,2
13. Game farms, fish hatcheries, nurseries and other production facilities
2operated by the department of natural resources.
AB150-engrossed,134,53
(b) This section does not apply if the joint committee on finance has approved
4the funding report of the arts board under 1995 Wisconsin Act .... (this act), section
59105 (3g) (a).
