AB40: Bill Text

AB40,52 Section 52. 16.004 (15) (bm) of the statutes is repealed.

AB40,53 Section 53. 16.004 (18) of the statutes is created to read:

AB40,72,14 16.004 (18) Intergovernmental affairs offices. The secretary may maintain intergovernmental affairs offices to conduct public outreach and promote coordination between agencies, as defined in s. 16.70 (1e), and authorities, as defined in s. 16.70 (2).

AB40,54 Section 54. 16.004 (19) of the statutes is created to read:

AB40,72,19 16.004 (19) Capital investment program. In consultation with the director of the office of business development, the secretary shall provide $25,000,000 in fiscal year 2013-14 for a capital investment program to make coinvestments in business startups and investment capital projects.

AB40,55 Section 55. 16.283 (1) (b) 3. of the statutes is amended to read:

AB40,72,23 16.283 (1) (b) 3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under 38 USC 1114 or 1134 of at least 30 20 percent.

AB40,56 Section 56. 16.283 (3) (b) of the statutes is renumbered 16.283 (3) (b) 1m.

AB40,57 Section 57. 16.283 (3) (b) 2m. of the statutes is created to read:

AB40,73,9 16.283 (3) (b) 2m. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m.

AB40,58 Section 58. 16.283 (3) (d) of the statutes is amended to read:

AB40,73,18 16.283 (3) (d) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1m. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB40,59 Section 59. 16.285 (1) (b) of the statutes is amended to read:

AB40,74,5 16.285 (1) (b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet may, without conducting an investigation, certify a business currently performing a useful business function in this state as a woman-owned business if the business is certified, or otherwise classified, as a woman-owned business by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying woman-owned businesses if the business uses substantially the same process as the department promulgates by rule for implementing this subsection.

AB40,60 Section 60. 16.285 (2) of the statutes is amended to read:

AB40,74,13 16.285 (2) The department shall develop, maintain, and keep current a computer database of businesses in the state that are owned by women, containing demographic statistics and information on the types of industries represented, sales volume and growth rates, generation of jobs by both new and existing businesses, and any other relevant characteristics. The department shall compile and periodically update a list of businesses certified under sub. (1) and make the list available to the public on the Internet.

AB40,61 Section 61. 16.287 (2) (c) of the statutes is amended to read:

AB40,74,21 16.287 (2) (c) The department, without investigation, may certify a business incorporated in this state or having its principal place of business in this state if the business is certified or otherwise classified as a minority business by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying minority businesses if the private business uses substantially the same procedures as those used by the department in making a determination under par. (b).

AB40,62 Section 62. 16.287 (2) (e) of the statutes is amended to read:

AB40,75,3 16.287 (2) (e) If a business refuses to provide the department with sufficient information to enable it to conduct an investigation under par. (b) or if the business does not qualify for certification under par. (b), (c) or (d), the department shall deny the application. A business whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB40,63 Section 63. 16.309 (title) of the statutes is amended to read:

AB40,75,5 16.309 (title) Community development block grant housing programs.

AB40,64 Section 64. 16.309 (1) of the statutes is amended to read:

AB40,75,10 16.309 (1) The department may administer housing programs, including the housing improvement grant program and, the initial rehabilitation grant program, the community development grant program, and the revolving loan fund program, that are funded by a community development block grant, 42 USC 5301 to 5320.

AB40,65 Section 65. 16.310 (5) of the statutes is amended to read:

AB40,75,15 16.310 (5) Nonapplication. This section does not apply to property that is authorized to be sold under or leased or property that is operated under contract as provided in s. 16.848 while an offer of sale, sale, or lease agreement is pending or while the property is leased or under contractual operation.

AB40,66 Section 66. 16.505 (4) (b) of the statutes is amended to read:

AB40,75,20 16.505 (4) (b) Except as provided in par. (c), no No agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.

AB40,67 Section 67. 16.505 (4) (c) of the statutes is repealed.

AB40,68 Section 68. 16.70 (2) of the statutes is amended to read:

AB40,75,24 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 237, 238, or 279.

AB40,69 Section 69. 16.70 (2j) of the statutes is created to read:

AB40,76,2 16.70 (2j) "Commodity" means materials, supplies, or equipment, but does not include a service.

AB40,70 Section 70. 16.70 (3) of the statutes is amended to read:

AB40,76,8 16.70 (3) "Contractual services" includes all services, materials to be furnished by a service provider in connection with services, and any limited trades work involving less than $30,000 to be done for or furnished to the state or any agency, but does not include maintenance or support that is incidental to the purchase of a commodity.

AB40,71 Section 71. 16.70 (3j) of the statutes is created to read:

AB40,76,12 16.70 (3j) "Delegated agency" means an agency that has a designated purchasing agent to whom the department has delegated the authority to purchase under s. 16.71 (1).

AB40,72 Section 72. 16.70 (8) of the statutes is amended to read:

AB40,76,17 16.70 (8) "Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district, authority, or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.

AB40,73 Section 73. 16.70 (13m) of the statutes is created to read:

AB40,76,21 16.70 (13m) "Standard specification" means a requirement or qualification that is chemical, physical, or both chemical and physical that describes the commodity or service to be purchased but is not a trade name.

AB40,74 Section 74. 16.701 (title) of the statutes is amended to read:

AB40,76,23 16.701 (title) Subscription service and procurement system.

AB40,75 Section 75. 16.701 (1m) of the statutes is created to read:

AB40,77,7 16.701 (1m) The department may provide an electronic procurement system to manage all aspects of procurement under this subchapter. The electronic procurement system may supplement or supplant the subscription service under sub. (1). If the department provides an electronic procurement system under this subsection, the department may require that an agency use the system. The department may assess agencies and vendors for the costs of the system under this subsection in accordance with a method the department develops.

AB40,76 Section 76. 16.701 (2) of the statutes is amended to read:

AB40,77,13 16.701 (2) The department may permit prospective vendors to provide product or service information through the service established under sub. (1) or through the system provided under sub. (1m). The department may prescribe fees or establish fees through a competitive process for the use of the service or system under this subsection.

AB40,77 Section 77. 16.7015 of the statutes is amended to read:

AB40,78,3 16.7015 Bidders list. The department may maintain a bidders list. Any agency to which the department delegates purchasing authority under s. 16.71 (1) may maintain a bidders list if authorized by the delegation. The bidders list shall include the names and addresses of all persons who request to be notified of bids or competitive sealed proposals, excluding those to be awarded under s. 16.75 (1) (c) or (2m) (c), that are solicited by the department or other delegated agency for the procurement of materials, supplies, equipment, or contractual services under this subchapter. Any bidders list maintained by the department may include the names and addresses of any person who requests to be notified of bids or competitive sealed proposals that are solicited by any agency. The department or other delegated agency shall notify each person on its the bidders list of all bids or competitive sealed proposals that are solicited by the department or other delegated agency. The department or other agency may remove any person from its the bidders list for cause.

AB40,78 Section 78. 16.705 (1) of the statutes is amended to read:

AB40,78,8 16.705 (1) The department or its agents a delegated agency may contract for services which can be performed more economically or efficiently by such contract. The department shall, by rule, prescribe uniform procedures for determining whether services are appropriate for contracting under this subsection.

AB40,79 Section 79. 16.705 (1b) (intro.) and (c) of the statutes are created to read:

AB40,78,11 16.705 (1b) (intro.) The determinations under sub. (1) do not apply to a contract entered into by any of the following:

AB40,78,12 (c) The department under s. 16.848 (1).

AB40,80 Section 80. 16.705 (1m) of the statutes is renumbered 16.705 (1b) (a) and amended to read:

AB40,78,16 16.705 (1b) (a) Subsection (1) does not apply to contracts entered into by the The service award board under s. 16.25 (4) (b).

AB40,81 Section 81. 16.705 (1n) of the statutes, as affected by 2011 Wisconsin Act 266, is renumbered 16.705 (1b) (b) and amended to read:

AB40,78,21 16.705 (1b) (b) Subsection (1) does not apply to a contract entered into by the The department of corrections for global positioning system tracking services under s. 301.48 (3) or 301.49.

AB40,82 Section 82. 16.705 (1r) (intro.) of the statutes is amended to read:

AB40,79,3 16.705 (1r) (intro.) Notwithstanding s. 16.75 (2m) and (3m), and except as provided in s. 16.75 (2) (b) and (7), the department and its agents or a delegated agency may purchase contractual services only if those services are performed within the United States, which, notwithstanding s. 990.01 (40) and (44), includes only the 50 states and the District of Columbia. This requirement does not apply to any of the following:

AB40,83 Section 83. 16.705 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 16.705 (2) (a) and amended to read:

AB40,79,17 16.705 (2) (a) The department shall promulgate rules for the procurement of contractual services by the department and its designated agents or a delegated agency, including but not limited to rules prescribing approval and monitoring processes for contractual service contracts,; except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to conduct a uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 $50,000 in accordance with standards prescribed in the rules,; and, except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to review periodically, and before any renewal, the continued appropriateness of contracting under each contractual services agreement involving an estimated expenditure of more than $25,000 $50,000.

AB40,80,2 (c) Each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and ss. 16.71 to 16.77.

AB40,84 Section 84. 16.705 (2) (b) of the statutes is created to read:

AB40,80,5 16.705 (2) (b) A cost-benefit analysis or continued appropriateness review is not required for the following services:

AB40,80,6 1. Services that federal or state law requires to be performed by contract.

AB40,80,7 2. Services that are incidental to the purchase of a commodity.

AB40,80,9 3. Services that must be provided per a contract, license, or warranty, by the original equipment manufacturer or publisher.

AB40,80,11 4. Services that cannot be performed by state employees because the state lacks the required infrastructure.

AB40,80,12 5. Services that are expected to be completed within 12 months.

AB40,80,14 6. Web-based software application services that are delivered and managed remotely.

AB40,85 Section 85. 16.705 (9) of the statutes is amended to read:

AB40,81,2 16.705 (9) The department shall maintain a list of persons that are or have been a party to a contract with the state under this subchapter who have violated a provision of this subchapter or a contract under this subchapter or who have been debarred from contracting with the federal government or any agency. The parties on the list are ineligible for state contracts and no state contract may be awarded to a party on the ineligible list. The department may remove any party from the ineligible list if the department determines that the party's practices comply with this subchapter and provide the party provides adequate safeguards against future violations of this subchapter or contracts under this subchapter or, if the person was on the list due to debarment, the person is no longer debarred. The department shall promulgate rules that provide procedures to implement this subsection.

AB40,86 Section 86. 16.71 (3) of the statutes is amended to read:

AB40,81,9 16.71 (3) If The department, department of revenue, or delegated agency shall comply with the requirements under s. 565.25 if the department makes or delegates to the department of revenue or to any other designated purchasing agent under sub. (1) delegated agency the authority to make a major procurement, as defined in s. 565.01 (4), for the department of revenue, the department, department of revenue, or designated purchasing agent shall comply with the requirements under s. 565.25.

AB40,87 Section 87 . 16.72 (2) (a) of the statutes is renumbered 16.72 (2) (a) 1. and amended to read:

AB40,81,19 16.72 (2) (a) 1. The department shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used statewide except those purchases under subd. 2. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice, and cooperation of other agencies and officers.

AB40,81,22 3. Each specification adopted under subd. 1. or 2. for any commodity purchase shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common.

AB40,88 Section 88. 16.72 (2) (a) 2. of the statutes is created to read:

AB40,81,25 16.72 (2) (a) 2. Delegated agencies shall adopt standard specifications for all delegated purchases.

AB40,89 Section 89. 16.72 (2) (b) of the statutes is amended to read:

AB40,82,12 16.72 (2) (b) Except as provided in ss. 16.25 (4) (b), 16.751, and 565.25 (2) (a) 4., the department or delegated agency shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or by its programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state department or delegated agency requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

AB40,90 Section 90. 16.72 (2) (c) of the statutes is amended to read:

AB40,82,16 16.72 (2) (c) To the extent possible, the department or delegated agency shall write specifications so as to permit the purchase of materials manufactured in the United States, as defined in s. 16.754 (1) (b).

AB40,91 Section 91. 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB40,83,3 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) or delegated agency 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, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan 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:

AB40,92 Section 92. 16.72 (2) (f) of the statutes is amended to read:

AB40,83,15 16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1) delegated agency, and each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan 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. 287.05 (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.