SB366,3,133 16.855 (1) The department shall let by contract to the lowest qualified
4responsible bidder all construction work when the estimated construction cost of the
5project exceeds $50,000, except for construction work authorized under s. 16.858 and
6except as provided in sub. (10m) or (14) (am) or s. 13.48 (19). If a bidder is not a
7Wisconsin firm and the department determines that the state, foreign nation or
8subdivision thereof in which the bidder is domiciled grants a preference to bidders
9domiciled in that state, nation or subdivision in making governmental purchases,
10the department shall give a preference over that bidder to Wisconsin firms, if any,
11when awarding the contract, in the absence of compelling reasons to the contrary.
12The department may enter into agreements with states, foreign nations and
13subdivisions thereof for the purpose of implementing this subsection.

SB366,3,1916 16.855 (2) (intro.) Except as provided in subs. (10) and (14) (ae), (am), and (ao)
17and except for projects authorized under s. 16.858, whenever the estimated
18construction cost of a project exceeds $50,000, or if less and in the best interest of the
19state, the department shall:

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116.855 (13) (a) A The department may require each bidder to submit a list of
2the major subcontractors shall not be required to be submitted, as designated by the
3department in its solicitation documents, for work to be performed with the bidder's
4bid. The Except as provided in sub. (14) (ae) 2., the department may also require the
5each prime contractor to submit in writing the names of prospective subcontractors
6for the department's approval before the award of a contract to the prime contractor.
7The department shall require each bidder to solicit bids from subcontractors who will
8perform any division of the work on a project designated by the department and to
9award each subcontract to the lowest qualified responsible bidder.

SB366,4,2211 16.855 (14) (a) If a project requires prior approval of the building commission
12under s. 13.48 (10) (a) and or bids are required to be solicited under sub. (2), the
13department shall take may solicit both single bids and separate bids on any division
14of the work that it designates. If a project does not require prior approval of the
15building commission under s. 13.48 (10) (a) and bids are required to be solicited under
16sub. (2), the department may take single bids or separate bids on any division of the
17work that it designates or may solicit only single bids on all divisions of the work.
18If the department awards contracts by the division of work, the department shall
19award the contracts according to the division of work selected for bidding. Except
20as provided in pars. (am) and (ao) and sub. (10m) (am), the department shall award
21all contracts to the lowest qualified responsible bidder or bidders that result in the
22lowest total construction cost for the project.

SB366,4,2424 16.855 (14) (ae) 1. In this paragraph:

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1a. "Base bid" means the bid of a prime contractor for all work to be performed
2on a project submitted in accordance with the solicitation, excluding any alternatives
3or options.

SB366,5,54 b. "Single prime contracting" means a contracting procedure in which the
5department solicits only single bids on all divisions of the work on a project.

SB366,5,86 2. If the department elects to use single prime contracting for the construction
7of a project, the department shall set forth the divisions of the work in the
8solicitation. The department shall also enforce the following requirements:

SB366,5,159 a. Each bidder shall submit in writing the names of the subcontractors who are
10proposed to be retained to perform services required under the base bid for each
11division of the work specified by the department together with the amount to be paid
12by the prime contractor to each subcontractor. No modification may be made in the
13submission unless the department permits a modification. The department may
14permit a modification after the opening of bids but prior to execution of the contract
15with the prime contractor.

SB366,5,1916 b. The prime contractor shall submit progress payment requests to the
17department for each period designated by the department and upon receiving each
18progress payment shall pay each subcontractor for its division of the work in
19accordance with s. 16.528 (2m).

SB366,5,2220 c. In making payments to each subcontractor, the prime contractor shall limit
21the amount of any retainage to the proportionate share of the retainage under sub.
22(19) that is attributable to the subcontractor's division of the work.

SB366,6,223 d. The prime contractor shall pay each subcontractor no later than 7 days after
24the prime contractor receives payment the amount to which the subcontractor is

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1entitled, including any retainage, when the work contracted to that subcontractor is
2completed to the satisfaction of the department.

SB366,6,63 3. If the department elects to use single prime contracting for the construction
4of a project, the department shall ensure that each subcontractor has access to the
5elements of the project information available to the prime contractor that are
6required for the subcontractor to effectively participate in execution of the project.

SB366,6,168 16.855 (14) (am) 1. In this paragraph, "construction-manager-at-risk
9contracting" means a contracting procedure in which a person is selected by the
10department to act as a construction manager for a project; to provide preconstruction
11services during the design phase of the project; and to manage the construction
12process, which includes, but is not limited to, supervision of public notice and bidding
13for construction work on the project, contracting for construction work required to
14be performed on the project, compliance with all terms and conditions of applicable
15collective bargaining agreements, if any, and assumption of responsibility for the
16project's cost, completion schedule, and workmanship of construction.

SB366,6,2317 2. As an alternative to the procedures under par. (a), the department may
18utilize construction-manager-at-risk contracting to construct a project. The
19department shall prescribe, by rule, the specific procedures to be used by the
20department for projects constructed using construction-manager-at-risk
21contracting. A rule promulgated under this subdivision may provide that any
22provision of this section does not apply to a project constructed in accordance with
23the procedures prescribed in the rule.

SB366,7,524 3. When the department elects to utilize construction-manager-at-risk
25contracting to construct a project, the construction manager shall solicit bids on all

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1work on the project in the manner prescribed under this subsection unless the
2construction manager elects to submit a bid to perform a portion of the work. In that
3case, the department shall solicit bids for that portion of the work in accordance with
4procedures prescribed by rule. The department shall also enforce the following
5requirements:

SB366,7,96 a. Within a reasonable time after the construction manager receives bids, the
7construction manager shall provide tabulations of all bids received and subcontract
8award results to the department and the department shall make the tabulations
9available for public inspection.

SB366,7,1310 b. The construction manager shall award all contracts to the lowest qualified
11responsible bidder unless the construction manager recommends to the department
12and the department concurs that it is in the best interest of the state to contract with
13a subcontractor other than the lowest bidder.

SB366,7,1514 c. The construction manager shall provide subcontract forms of agreement with
15the bidding documents.

SB366,7,1916 d. The construction manager shall submit progress payment requests to the
17department for each period designated by the department and upon receiving each
18progress payment shall pay each subcontractor for its division of the work in
19accordance with s. 16.528 (2m).

SB366,7,2220 e. In making payments to each subcontractor, the construction manager shall
21limit the amount of any retainage to the proportionate share of the retainage under
22sub. (19) that is attributable to the subcontractor's division of the work.

SB366,8,223 f. The construction manager shall pay each subcontractor no later than 7 days
24after the prime contractor receives payment the amount to which the subcontractor

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1is entitled, including any retainage, when the work contracted is completed to the
2satisfaction of the department.

SB366,8,53 (an) The department may prescribe, by rule, additional contracting procedures
4not enumerated in this subsection that the department may utilize to construct any
5project that requires approval of the building commission under s. 13.48 (10) (a).

SB366,8,96 (ao) On any project constructed under a procedure identified in or prescribed
7under par. (ae), (am), or (an), the department shall comply with all provisions of this
8section unless the building commission waives compliance under s. 13.48 (19), or a
9rule promulgated under par. (am) provides for an alternative procedure.

SB366,8,1010 (ap) The department shall define, by rule:

SB366,8,1411 1. Any specific contracting procedures not specified in par. (ae) that prime
12contractors must use when the department elects under par. (a) to solicit only single
13bids on all divisions of the work on a project to provide protections to major
14subcontractors.

SB366,8,1715 2. The specific contracting procedures identified in or authorized to be
16prescribed under pars. (am) and (an) and how they will be applied to construction
17projects.

SB366,8,1918 3. The criteria that will be applied to the selection of the contracting procedure
19that will be utilized by the department on a particular project.

SB366,8,2220 4. The selection process that the department will use to select a contractor for
21any contracting procedure to be utilized on a project other than the procedures
22identified in par. (a).

SB366,8,2523 5. The procedures that the department will use to solicit bids for any portion
24of the work on a project in which the construction manager at risk for the project
25elects to submit a bid to perform the portion of the work.

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1(aq) The department may define, by rule, the criteria that will be applied to the
2selection of a contracting procedure for a project when the building commission
3waives any provision of this section to permit the use of innovative types of design
4and construction processes under s. 13.48 (19).

SB366,9,76 16.855 (15) The department shall promulgate rules to implement the
7advertising and award of contracts under sub. (1).