LRB-2043/1
JTK:wlj:jf
2005 - 2006 LEGISLATURE
March 10, 2005 - Introduced by Representatives Pocan, Black, Boyle, Cullen,
Freese, Grigsby, Gronemus, Lehman, Molepske, Pope-Roberts, Richards,
Sheridan, Shilling, Sinicki, Turner, Van Akkeren, Zepnick
and Berceau,
cosponsored by Senators Robson, Hansen, Carpenter, Erpenbach, Lassa,
Miller, Taylor
and Wirch. Referred to Committee on Budget Review.
AB186,1,3 1An Act to amend 16.705 (1), 16.75 (1) (a) 1. and 16.75 (6) (bm) and (e); and to
2create
16.705 (1r) of the statutes; relating to: state procurement of
3contractual services.
Analysis by the Legislative Reference Bureau
Currently, state executive branch agencies may contract for services that can
be performed more economically or efficiently by contract than by state employees.
With numerous exceptions, any services must be obtained from the lowest
responsible bidder or the person submitting the most advantageous competitive
sealed proposal. Services may be obtained from domestic or foreign sources.
With certain exceptions, this bill requires all contractual services purchased by
state executive branch agencies to be performed within the United States. This
requirement does not apply if the contractual services cannot be obtained within the
United States.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB186, s. 1 4Section 1. 16.705 (1) of the statutes is amended to read:
AB186,2,3
116.705 (1) The Except as provided in subs. (1m) and (1r), the department or its
2agents may contract for services which can be performed more economically or
3efficiently by such contract.
AB186, s. 2 4Section 2. 16.705 (1r) of the statutes is created to read:
AB186,2,7 516.705 (1r) (a) Notwithstanding s. 16.75 (2m) and (3m), and except as provided
6in par. (b) and s. 16.75 (2) (b) and (7), the department and its agents may purchase
7contractual services only if those services are performed within the United States.
AB186,2,98 (b) Paragraph (a) does not apply to contractual services that are not available
9to be performed within the United States.
AB186, s. 3 10Section 3. 16.75 (1) (a) 1. of the statutes is amended to read:
AB186,2,1911 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
12materials, supplies, equipment, and contractual services to be provided to any
13agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
14(6), (7), (8), (9), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 16.964 (8),
1550.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
16responsible bidder, taking into consideration life cycle cost estimates under sub.
17(1m), when appropriate, the location of the agency, the quantities of the articles to
18be supplied, their conformity with the specifications, and the purposes for which they
19are required and the date of delivery.
AB186, s. 4 20Section 4. 16.75 (6) (bm) and (e) of the statutes are amended to read:
AB186,3,221 16.75 (6) (bm) If the secretary determines that it is in the best interest of this
22state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
2316.705 (1), (1m), and (2) to (8) and 16.72 (2) (e) and (f) and (5) with respect to any
24contract entered into by the department of workforce development under s. 49.143,

1if the department of workforce development presents the secretary with a process for
2the procurement of contracts under s. 49.143 and the secretary approves the process.
AB186,3,123 (e) The governor or his or her designee may waive any requirement of this
4subchapter, except s. 16.705 (1r), if the governor or his or her designee finds that
5there exists an emergency which threatens the public health, safety or welfare and
6the waiver is necessary to meet the emergency. The governor or his or her designee
7shall require the award of each contract under this paragraph to be made with such
8competition as is practicable under the circumstances. The governor or his or her
9designee shall file with the department a statement of facts constituting the
10emergency for each waiver issued under this paragraph, and a statement of the basis
11for selection of each contractor under the emergency procedure. This paragraph does
12not apply to the requirement specified in sub. (7).
AB186, s. 5 13Section 5. Initial applicability.
AB186,3,1514 (1) This act first applies with respect to bids or competitive sealed proposals for
15contractual services solicited on the effective date of this subsection.
AB186,3,1616 (End)
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