2013 - 2014 LEGISLATURE
October 17, 2013 - Introduced by Representatives Smith, Clark, Barnes, Berceau,
Danou, Doyle, Goyke, Hebl, Hulsey, Ohnstad, Pope, Richards, C. Taylor,
Zepnick and Barca. Referred to Committee on Colleges and Universities.
AB432,1,5 1An Act to repeal 16.75 (1) (b) 2. and 16.75 (2m) (b) 2.; to renumber and amend
216.75 (1) (a) 1.; to amend 16.75 (1) (b) 1., 16.75 (1) (b) 3., 16.75 (2m) (a) and 16.75
3(2m) (b) 1.; and to create 16.75 (1) (a) 1. c., 16.75 (1) (b) 2m., 16.75 (2m) (b) 2m.
4and 16.75 (3n) of the statutes; relating to: the purchase of food by the Board
5of Regents of the University of Wisconsin-System.
Analysis by the Legislative Reference Bureau
Current law generally authorizes state agencies to purchase materials,
supplies, or equipment under certain circumstances. With some exceptions,
purchases for which the estimated cost exceeds $50,000 require bids to be invited or
proposals to be solicited and the order must be awarded to the lowest responsible
bidder or most competitive sealed proposal. In determining the lowest responsible
bidder the agency must consider the location of the agency, the quantities of the
articles to be supplied, the conformity of the bids with the specifications in the
invitation to bid, and the purpose for which the materials, supplies, or equipment are
required and the delivery date. In determining the most competitive sealed proposal,
the agency must consider factors outlined in the solicitation for competitive sealed
proposals.
This bill creates several exceptions to these provisions if the Board of Regents
of the University of Wisconsin System (board) is purchasing food. First, when the
board is considering bids or proposals for the purchase of food, factors other than
price may not comprise more than 25 percent of the total factors used to determine

the lowest bid or most competitive proposal. In addition, under this bill, if the food
is produced within a 100-mile radius of the site to which the food will be delivered,
the board may purchase that food without inviting bids or soliciting proposals if the
estimated cost does not exceed $100,000. Finally, this bill creates an exception to the
requirement to award to the lowest responsible bidder or most competitive sealed
proposal by allowing the board to give the award to a person who submits a bid or
proposal that is no more than 20 percent higher than the apparent low bid or than
the most competitive proposal if the food was produced within a 100-mile radius of
the site to which the food will be delivered.
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:
AB432,1 1Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
2is renumbered 16.75 (1) (a) 1. a. and amended to read:
AB432,2,93 16.75 (1) (a) 1. a. All orders awarded or contracts made by the department for
4all materials, supplies, equipment, and contractual services to be provided to any
5agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3n),
6(3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754,
750.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest
8responsible bidder, taking into consideration to be determined as provided in subd.
91. b. and c.
AB432,2,14 10b. Except as provided in subd. 1. c., the person who determines the lowest
11responsible bidder shall consider
life cycle cost estimates under sub. (1m), when
12appropriate, the location of the agency, the quantities of the articles to be supplied,
13their conformity with the specifications, and the purposes for which they are
14required and the date of delivery.
AB432,2 15Section 2. 16.75 (1) (a) 1. c. of the statutes is created to read:
AB432,3,4
116.75 (1) (a) 1. c. If the Board of Regents of the University of Wisconsin-System
2is purchasing food and the purchase is subject to par. (b), factors other than price may
3not comprise more than 25 percent of the total factors used to determine the lowest
4responsible bidder.
AB432,3 5Section 3. 16.75 (1) (b) 1. of the statutes is amended to read:
AB432,3,76 16.75 (1) (b) 1. Except as provided in subd. 2. 2m., when the estimated cost
7exceeds $25,000 $50,000, the department shall invite bids to be submitted.
AB432,4 8Section 4. 16.75 (1) (b) 2. of the statutes is repealed.
AB432,5 9Section 5. 16.75 (1) (b) 2m. of the statutes is created to read:
AB432,3,1410 16.75 (1) (b) 2m. If the Board of Regents of the University of Wisconsin-System
11is purchasing food and the food is produced within a 100-mile radius of the site to
12which the food will be delivered, the person who produced the food or who distributes
13the food may receive the award without submitting a bid if the estimated cost does
14not exceed $100,000.
AB432,6 15Section 6. 16.75 (1) (b) 3. of the statutes is amended to read:
AB432,4,216 16.75 (1) (b) 3. If subd. 1. or 2. requires bids to be solicited, the department
17either shall solicit sealed bids to be opened publicly at a specified date and time, or
18shall solicit bidding by auction to be conducted electronically at a specified date and
19time. Whenever bids are invited, due notice inviting bids shall be published as a class
202 notice, under ch. 985 or posted on the Internet at a site determined or approved by
21the department. The bid opening or auction shall occur at least 7 days after the date
22of the last insertion of the notice or at least 7 days after the date of posting on the
23Internet. The notice shall specify whether sealed bids are invited or bids will be
24accepted by auction, and shall give a clear description of the materials, supplies,
25equipment, or contractual services to be purchased, the amount of any bond, share

1draft, check, or other draft to be submitted as surety with the bid or prior to the
2auction, and the date and time that the public opening or the auction will be held.
AB432,7 3Section 7. 16.75 (2m) (a) of the statutes is amended to read:
AB432,4,114 16.75 (2m) (a) Except as otherwise required by law, if the secretary or his or
5her designee determines that the use of competitive sealed bidding is not practicable
6or not advantageous to this state, the department may solicit competitive sealed
7proposals. Each request for competitive sealed proposals shall state the relative
8importance of price and other evaluation factors. If the Board of Regents of the
9University of Wisconsin-System is purchasing food, factors other than price may not
10comprise more than 25 percent of the total factors used to determine the most
11competitive sealed proposal.
AB432,8 12Section 8. 16.75 (2m) (b) 1. of the statutes is amended to read:
AB432,4,1413 16.75 (2m) (b) 1. Except as provided in subd. 2. 2m., when the estimated cost
14exceeds $25,000 $50,000, the department may invite competitive sealed proposals.
AB432,9 15Section 9. 16.75 (2m) (b) 2. of the statutes is repealed.
AB432,10 16Section 10. 16.75 (2m) (b) 2m. of the statutes is created to read:
AB432,4,2117 16.75 (2m) (b) 2m. If the Board of Regents of the University of
18Wisconsin-System is purchasing food and the food is produced within a 100-mile
19radius of the site to which the food will be delivered, the person who produced the food
20or who distributes the food may receive the award without submitting a competitive
21sealed proposal if the estimated cost does not exceed $100,000.
AB432,11 22Section 11. 16.75 (3n) of the statutes is created to read:
AB432,5,423 16.75 (3n) If the Board of Regents of the University of Wisconsin-System is
24purchasing food and the award would otherwise be required to go to the low bid or
25most advantageous proposal, the board may purchase the food from a person who

1submits a qualified responsible competitive bid that is no more than 20 percent
2higher than the apparent low bid or submits a competitive proposal that is no more
3than 20 percent higher than the most advantageous proposal if the food was
4produced within a 100-mile radius of the site to which the food will be delivered.
AB432,12 5Section 12. Initial applicability.
AB432,5,76 (1) This act first applies with respect to bids or proposals solicited on the
7effective date of this subsection.
AB432,5,88 (End)
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