LRB-1064/3
CMH&PG:bjk:jf
2009 - 2010 LEGISLATURE
January 16, 2009 - Introduced by Representatives Pocan, Zigmunt, Barca,
Benedict, Berceau, Bernard Schaber, Black, Clark, Danou, Fields, Grigsby,
Hraychuck, Hubler, Jorgensen, Krusick, Mason, Molepske, Nelson, Parisi,
Pasch, Pope-Roberts, Radcliffe, Richards, Roys, Seidel, Sheridan, Shilling,
Sinicki, Smith, Van Akkeren, A. Williams
and Young, cosponsored by
Senators Wirch, Coggs, Hansen, Lassa, Lehman, Miller, Robson and
Sullivan. Referred to Committee on Jobs, the Economy and Small Business.
AB2,1,2 1An Act to amend 16.75 (1) (a) 1. and 16.75 (6) (bm) and (e); and to create 16.705
2(1r) of the statutes; relating to: state procurement of contractual 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 or are paid for with federal moneys or if the contractual services are
purchased by the University of Wisconsin System from gifts, grants, or endowment
trust fund income.
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:
AB2, s. 1 3Section 1. 16.705 (1r) of the statutes is created to read:
AB2,2,4
116.705 (1r) Notwithstanding s. 16.75 (2m) and (3m), and except as provided in
2s. 16.75 (2) (b) and (7), the department and its agents may purchase contractual
3services only if those services are performed within the United States. This
4requirement does not apply to any of the following:
AB2,2,65 (a) Contractual services that are not available to be performed within the
6United States.
AB2,2,87 (b) Contractual services if the payment for any part of the contractual services
8is made from federal moneys.
AB2,2,109 (c) The renewal, modification, or extension of any contract in effect on the
10effective date of this paragraph .... [LRB inserts date].
AB2,2,1311 (d) Contractual services purchased by the Board of Regents of the University
12of Wisconsin System with moneys appropriated under s. 20.285 (1) (j), (ja), (jm), (u),
13or (w) or (5) (j).
AB2, s. 2 14Section 2. 16.75 (1) (a) 1. of the statutes is amended to read:
AB2,2,2315 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
16materials, supplies, equipment, and contractual services to be provided to any
17agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
18(6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754,
1916.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
20responsible bidder, taking into consideration life cycle cost estimates under sub.
21(1m), when appropriate, the location of the agency, the quantities of the articles to
22be supplied, their conformity with the specifications, and the purposes for which they
23are required and the date of delivery.
AB2, s. 3 24Section 3. 16.75 (6) (bm) and (e) of the statutes are amended to read:
AB2,3,6
116.75 (6) (bm) If the secretary determines that it is in the best interest of this
2state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
316.705 (1) and (2) to (8) and 16.72 (2) (e) and (f) and (5) with respect to any contract
4entered into by the department of children and families under s. 49.143, if the
5department of children and families presents the secretary with a process for the
6procurement of contracts under s. 49.143 and the secretary approves the process.
AB2,3,167 (e) The governor or his or her designee may waive any requirement of this
8subchapter, except s. 16.705 (1r), if the governor or his or her designee finds that
9there exists an emergency which threatens the public health, safety or welfare and
10the waiver is necessary to meet the emergency. The governor or his or her designee
11shall require the award of each contract under this paragraph to be made with such
12competition as is practicable under the circumstances. The governor or his or her
13designee shall file with the department a statement of facts constituting the
14emergency for each waiver issued under this paragraph, and a statement of the basis
15for selection of each contractor under the emergency procedure. This paragraph does
16not apply to the requirement specified in sub. (7).
AB2, s. 4 17Section 4. Initial applicability.
AB2,3,1918 (1) This act first applies with respect to bids or competitive sealed proposals for
19contractual services solicited on the effective date of this subsection.
AB2,3,2020 (End)
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