CMH:eev&jld
2015 - 2016 LEGISLATURE
July 2, 2015 - Introduced by Senators Harris Dodd, Bewley, Hansen, Ringhand
and Erpenbach, cosponsored by Representatives Weatherston, Barnes,
Bernier, E. Brooks, Brostoff, Johnson, Kolste, T. Larson, Petryk, Subeck
and Zamarripa. Referred to Committee on Government Operations and
Consumer Protection.
SB207,1,4 1An Act to amend 16.855 (13) (a) and 16.855 (13) (b); and to create 16.855 (13)
2(b) 2. b. of the statutes; relating to: awards of construction contracts to
3minority businesses and disabled veteran-owned businesses by the
4Department of Administration.
Analysis by the Legislative Reference Bureau
One provision in current law permits the Department of Administration (DOA)
to award construction contracts to a minority business or a disabled veteran-owned
business that submits a bid that is no more than 5 percent higher than the apparent
low bid. Another provision requires DOA to identify for a contractor or general prime
contractor the mechanical, electrical, or plumbing subcontractors that have
submitted the lowest bid and does not take into account the preference DOA may give
to a minority business or a disabled veteran-owned business. This bill allows DOA
to identify for a contractor or general prime contractor either the lowest bidder or a
bidder that is a minority business or a disabled veteran-owned business that is
eligible for the preference.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB207,1 5Section 1. 16.855 (13) (a) of the statutes is amended to read:
SB207,2,6
116.855 (13) (a) 1. In any project under this section let under single prime
2contracting, the department shall identify, as provided under par. (b), the
3mechanical, electrical, or plumbing subcontractors who have submitted the lowest
4bids and who are qualified responsible bidders. A
a general prime contractor who
5is submitting a bid under sub. (14) shall include the subcontractors so identified
6under par. (b) 2.
SB207,2,127 2. In any project under this section that is let under s. 13.48 (19), the
8department shall identify, as provided under par. (b), the mechanical, electrical, or
9plumbing subcontractors who have submitted the lowest bids and who are qualified
10responsible bidders. The
contractor awarded a contract under s. 13.48 (19) shall
11contract with the mechanical, electrical, or plumbing subcontractors so identified
12under par. (b) 2.
SB207,2 13Section 2. 16.855 (13) (b) of the statutes is amended to read:
SB207,2,1914 16.855 (13) (b) 1. For purposes of identifying subcontractors under par. (a), the
15department shall develop and administer an open and public bidding process and
16follow the requirements and procedures under sub. (2). Within 48 hours of the
17deadline for a mechanical, electrical, or plumbing contractor to submit a bid, the
18department shall post on the department Internet site the names of the bidders and
19the amount of each bid.
SB207,2,22 202. No more than 5 days after the deadline for the submittal of a bid, the
21department shall identify, post on its Internet site, and provide public notice of one
22of
the following:
SB207,2,23 23a. The lowest bidders who are qualified responsible bidders.
SB207,3,2 243. The department shall post on its Internet site the bids, including the bid
25documents, identified under this paragraph as the lowest bids subd. 2. and they shall

1be open to public inspection under s. 19.35 (1). No other bids under this paragraph
2may be on the Internet site or open to public inspection.
SB207,3 3Section 3. 16.855 (13) (b) 2. b. of the statutes is created to read:
SB207,3,54 16.855 (13) (b) 2. b. Any bidders who are eligible to be awarded a contract under
5sub. (10m) (am) 3.
SB207,4 6Section 4. Initial applicability.
SB207,3,87 (1) This act first applies to bidders who are identified on the effective date of
8this subsection.
SB207,3,99 (End)
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