LRB-0744/1
CMH:cjs:ph
2011 - 2012 LEGISLATURE
February 8, 2011 - Introduced by Representatives Clark, Molepske Jr, Spanbauer,
Mason, Berceau, Hebl, Fields, Roys, Pope-Roberts and Barca, cosponsored
by Senators Schultz, Miller, Taylor, Erpenbach and Wirch. Referred to
Committee on Colleges and Universities.
AB22,1,4
1An Act to renumber and amend 16.75 (1) (a) 1., 16.75 (1) (b) and 16.75 (2m)
2(b);
to amend 16.75 (2m) (a); and
to create 16.75 (1) (a) 1. c., 16.75 (1) (b) 2.,
316.75 (2m) (b) 2. and 16.75 (3n) of the statutes;
relating to: the purchase of food
4by the Board of 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 $25,000 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 $50,000. 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:
AB22, s. 1
1Section
1. 16.75 (1) (a) 1. of the statutes is renumbered 16.75 (1) (a) 1. a. and
2amended to read:
AB22,2,93
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,
716.964 (8), 50.05 (7) (f), 153.05 (2m) (a), 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.
AB22,2,14
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.
AB22, s. 2
15Section
2. 16.75 (1) (a) 1. c. of the statutes is created to read:
AB22,3,216
16.75
(1) (a) 1. c. If the Board of Regents of the University of Wisconsin-System
17is purchasing food and the purchase is subject to par. (b), factors other than price may
1not comprise more than 25 percent of the total factors used to determine the lowest
2responsible bidder.
AB22, s. 3
3Section
3. 16.75 (1) (b) of the statutes is renumbered 16.75 (1) (b) 1. and
4amended to read:
AB22,3,65
16.75
(1) (b) 1.
When Except as provided in subd. 2., when the estimated cost
6exceeds $25,000, the department shall invite bids to be submitted.
The
AB22,3,18
73. If subd. 1. or 2. requires bids to be solicited, the department
shall either
shall 8solicit sealed bids to be opened publicly at a specified date and time, or shall solicit
9bidding by auction to be conducted electronically at a specified date and time.
10Whenever bids are invited, due notice inviting bids shall be published as a class 2
11notice, under ch. 985 or posted on the Internet at a site determined or approved by
12the department. The bid opening or auction shall occur at least 7 days after the date
13of the last insertion of the notice or at least 7 days after the date of posting on the
14Internet. The notice shall specify whether sealed bids are invited or bids will be
15accepted by auction, and shall give a clear description of the materials, supplies,
16equipment, or contractual services to be purchased, the amount of any bond, share
17draft, check, or other draft to be submitted as surety with the bid or prior to the
18auction, and the date and time that the public opening or the auction will be held.
AB22, s. 4
19Section
4. 16.75 (1) (b) 2. of the statutes is created to read:
AB22,3,2420
16.75
(1) (b) 2. If the Board of Regents of the University of Wisconsin-System
21is purchasing food and the food is produced within a 100-mile radius of the site to
22which the food will be delivered, the person who produced the food or who distributes
23the food may receive the award without submitting a bid if the estimated cost does
24not exceed $50,000.
AB22, s. 5
25Section
5. 16.75 (2m) (a) of the statutes is amended to read:
AB22,4,8
116.75
(2m) (a) Except as otherwise required by law, if the secretary or his or
2her designee determines that the use of competitive sealed bidding is not practicable
3or not advantageous to this state, the department may solicit competitive sealed
4proposals. Each request for competitive sealed proposals shall state the relative
5importance of price and other evaluation factors.
If the Board of Regents of the
6University of Wisconsin-System is purchasing food, factors other than price may not
7comprise more than 25 percent of the total factors used to determine the most
8competitive sealed proposal.
AB22, s. 6
9Section
6. 16.75 (2m) (b) of the statutes is renumbered 16.75 (2m) (b) 1. and
10amended to read:
AB22,4,1311
16.75
(2m) (b) 1.
When Except as provided in subd. 2., when the estimated cost
12exceeds $25,000, the department may invite competitive sealed proposals
by
13publishing.
AB22,4,21
143. If competitive sealed proposals are invited, the department shall publish a
15class 2 notice under ch. 985 or
by posting post notice on the Internet at a site
16determined or approved by the department. The notice shall describe the materials,
17supplies, equipment, or contractual services to be purchased, the intent to make the
18procurement by solicitation of proposals rather than by solicitation of bids, any
19requirement for surety and the date the proposals will be opened, which shall be at
20least 7 days after the date of the last insertion of the notice or at least 7 days after
21the date of posting on the Internet.
AB22, s. 7
22Section
7. 16.75 (2m) (b) 2. of the statutes is created to read:
AB22,5,223
16.75
(2m) (b) 2. If the Board of Regents of the University of Wisconsin-System
24is purchasing food and the food is produced within a 100-mile radius of the site to
25which the food will be delivered, the person who produced that food or who
1distributes that food may receive the award without submitting a competitive sealed
2proposal if the estimated cost does not exceed $50,000.
AB22, s. 8
3Section
8. 16.75 (3n) of the statutes is created to read:
AB22,5,104
16.75
(3n) If the Board of Regents of the University of Wisconsin-System is
5purchasing food and the award would otherwise be required to go to the low bid or
6most advantageous proposal, the board may purchase the food from a person who
7submits a qualified responsible competitive bid that is no more than 20 percent
8higher than the apparent low bid or submits a competitive proposal that is no more
9than 20 percent higher than the most advantageous proposal if the food was
10produced within a 100-mile radius of the site to which the food will be delivered.
AB22,5,1312
(1) This act first applies with respect to bids or proposals solicited on the
13effective date of this subsection.
