reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration › Chapter Adm 8 - Bidding process and exceptions to bidding › Section Adm 8.03 - Basis for awards as a result of bidding

Current through June 24, 2024
(1) LOWEST
			 RESPONSIBLE BIDDER. The award of a contract for a procurement shall be made to
			 the lowest responsible bidder, taking into account qualified bids from
			 sheltered workshops, small businesses, and minority businesses.
(2) REJECTION OF BIDS. Any, and all, bids may
			 be rejected. The reason for rejection shall be documented and made a part of
			 the bid file.
(3) DISCOUNTS FOR
			 EARLY PAYMENT. Discounts for early payment may be taken into account in making
			 awards only when all other conditions are equal.
(4) TIED BIDS. In the case of tie bids, an
			 award shall be made to Wisconsin suppliers, in preference to out-of-state
			 suppliers, as provided in s.
			 16.75(1)
			 (a), Stats. If the tie is between 2 Wisconsin
			 bidders or 2 non-Wisconsin bidders, the successful bidder shall be selected by
			 chance as determined by a witnessed and documented drawing of names or its
			 equivalent.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 8 - Bidding process and exceptions to bidding › Section Adm 8.04 - Public opening and reading of bids and proposals

Current through June 24, 2024
(1) BIDS. Opening
			 and reading of bids shall include all of the following:
(a) Sealed bid openings are open to
			 attendance by interested bidders and the public.
(b) A procurement agency that invited the
			 submission of bids, shall open and orally read the bids as soon as practicable
			 after the date and hour shown on the inquiry, at the place designated. No
			 action other than the reading of the names of the bidders, the terms, and the
			 prices bid is required at the bid opening.
(c) On complex, multi-line or multi-option
			 bids, the procuring agency may open and read only the names of bidders. This
			 procedure is used to reduce the time needed for the public opening of bids.
			 When this option is exercised, detailed results of individual bids will be made
			 available to the bidders, and the public within a reasonable time.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 8 - Bidding process and exceptions to bidding › Section Adm 8.05 - Waiver of bidding for sealed bids

Current through June 24, 2024
(1) WAIVER
			 REQUIREMENTS. Waiver of bidding may be authorized when in the best interests of
			 the state. The department may authorize the waiver of bidding on procurements
			 estimated to total less than $10,000. Authority to request the waiver of a
			 sealed bid on procurements estimated at $10,000 or over may not be delegated by
			 the department. All requests for waivers shall be thoroughly documented
			 including justification for not using a competitive process.
(2) CONDITIONS FOR WAIVER OF BIDDING PROCESS.
			 One or more of the following conditions, with written justification, may serve
			 as criteria for request to waive the bidding process:
(a) The product is unique and can be
			 established as one of a kind that is not available from more than one
			 supplier;
(b) The purchase of
			 specific used equipment will offer a significant discount to the
			 state;
(c) The patented or
			 proprietary features of a product will give the state a superior and necessary
			 utility that cannot be obtained from others;
(d) An item is unique as determined by its
			 historic, artistic, or educational value; or
(e) A risk of human suffering or substantial
			 damage to real or personal property exists that requires immediate
			 action.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 8 - Bidding process and exceptions to bidding › Section Adm 8.08 - Exceptions to bidding

Current through June 24, 2024
(1) INTERGOVERNMENTAL PROCUREMENTS.
			 Intergovernmental procurements include procurements from any municipality and
			 from any unit of the federal government.
(a)
			 Intergovernmental procurements, except for procurement of printing and
			 stationery, may be made without bidding if approved by the
			 department.
(b) All other
			 established procurement policies and procedures designated by the department
			 shall apply to intergovernmental procurements.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.02 - Purpose

Current through June 24, 2024
The purposes of this chapter are to:
(1) Establish a bidders list registration fee
			 to be paid by vendors requesting to be placed on a list maintained under s.
			 16.7015,
			 Stats.
(2) Establish a fee for
			 providing a subscription service containing current information of interest to
			 prospective vendors concerning state procurement opportunities.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Department" means the department of administration.
(2) "Subscription service" means an
			 electronic service provided by the department of administration to prospective
			 vendors regarding state procurement opportunities, statistical information
			 relating to state procurements, or other relevant procurement
			 information.
(3) "Vendor" means any
			 private business entity which is a party to a procurement transaction under s.
			 16.75,
			 Stats., and has a separate federal employer identification number (FEIN), or
			 social security number for those businesses not having a FEIN.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.04 - Fee

Current through June 24, 2024
Every vendor who requests to be placed on a bidders list
				maintained under s.
				16.7015, Stats., and
				who is placed on such a list for any portion of that fiscal year in connection
				with transactions in excess of the amount indicated in s.
				16.75(1)
				(c), Stats., shall pay a bidders list
				registration fee as provided in s.
				Adm
				9.05.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.05 - Bidders list registration fee

Current through June 24, 2024
(1) Except as provided by sub. (2), the bidders list registration fee shall
								 be $125 per year.
(2) The following classes of providers shall
								 pay a bidders list registration fee of $65 per year:
(a) Minority businesses
								 certified by the department under s. 16.287(2), Stats.
(b) Work
								 centers qualified to participate in the program established by s. 16.752, Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.06 - Subscription fee

Current through June 24, 2024
The fee for any electronic subscription service provided by the
				department shall be $100 per year for each location. A vendor shall not be
				required to pay a subscription fee for any year in which the vendor has paid a
				bidders list registration fee if the subscription is for only one
				location.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 9 - Bidders List Registration Fee And Subscription Service › Section Adm 9.07 - Refunds

Current through June 24, 2024
If the department or any agency fails to place a vendor, who
				has paid the bidders list registration fee, on a bidders list and a vendor is
				not notified of a request for bids or proposals, then the vendor shall be given
				a refund of the fee if the vendor makes an application for such refund. Failure
				to notify a vendor as provided in s.
				16.7015, Stats.,
				shall not require the department or any agency to take any other action beyond
				refund of the fee.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.02 - Purpose

Current through June 24, 2024
The purposes of this chapter are as follows:
(1) To ensure that contracts for contractual
			 services are entered into only in the best interests of the state.
(2) To ensure that the state will procure at
			 the lowest possible price, without sacrifice in quality, the contractual
			 services required for the optimum performance of state government
			 functions.
(3) To establish
			 policies and procedures for the procurement of contractual services.
(4) To create standards and procedures for
			 conducting a cost-benefit analysis before contracting out for any service
			 procurement involving an estimated expenditure of more than $25,000.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.03 - Definitions

Current through June 24, 2024
(1) "Bidder" means a person or firm who
			 submits a competitive bid in response to an invitation for bids and a set of
			 specifications.
(2) "Contracting
			 agency" means the state agency that executes a purchase order for contractual
			 services.
(3) "Contractual
			 services" means those services as defined in s.
			 16.70(3),
			 Stats.
(4) "Department" means the
			 department of administration.
(5)
			 "Materials" as used in the definition of "contractual services" in s.
			 16.70(3),
			 Stats., and sub. (3) means reports which are incidental to the required
			 performance under the contract but are not a specific end product.
(6) "Procurement commodity bulletin" means
			 the document issued by the department in response to a request for purchasing
			 authority that establishes the procedures to be used in making the procurement.
Note: A procurement commodity bulletin form AD-P-105 may be
				obtained from the Department of Administration, Bureau of Procurement, P.O. Box
				7867, Madison, Wisconsin 53707.
(7) "Procuring agency" means the state agency
			 which conducts the purchasing transaction.
(8) "Proposer" means a person or firm who
			 submits a competitive proposal in response to a request for proposals
			 (RFP).
(9) "Purchase order" means a
			 state purchase order form used to offer to contract with a vendor.
Note: A purchase order form AD-P-10 may be obtained from the
				Department of Administration, Bureau of Procurement, P.O. Box 7867, Madison,
				Wisconsin 53707.
(10)
			 "Request for proposals" or "RFP" means all documents, whether attached or
			 incorporated by reference, utilized for soliciting proposals.
(11) "Request for purchasing authority" or
			 "RPA" means the form and all attached materials that are submitted by a state
			 agency to the department to initiate any procurement of contractual services.
Note: A request for purchasing authority (RPA) Form AD-P-112
				may be obtained from the Department of Administration, Bureau of Procurement,
				P.O. Box 7867, Madison, Wisconsin 53707.
(12) "Secretary" means the secretary of the
			 department.
(13) "State agency" or
			 "agency" means any department, board, commission, independent agency, or any
			 other separate entity established by statute or by constitution in the state
			 government, including the legislature.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.035 - Cost-benefit analysis

Current through June 24, 2024
(1) ANALYSIS. A uniform cost-benefit analysis
			 shall be completed by a contracting agency or its designated agents of each
			 proposed contractual service procurement involving an estimated expenditure of
			 more than $25,000 annually. Each cost-benefit analysis shall include the
			 information set forth in subs.
(2)
			 to (6);
(2) SERVICE OVERVIEW. A
			 cost-benefit analysis shall provide the following:
(a) A justification for the request written
			 in clear, non-technical language that can be understood by persons who may not
			 be directly involved in or familiar with the proposed service, with all
			 acronyms fully defined.
(b) A list
			 and description of any federal mandates, state statutes or administrative rules
			 that dictate how the proposed service must be performed.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.038 - Submittal of cost-benefit analysis

Current through June 24, 2024
The department or its designated agents shall submit the
				original cost-benefit analysis in s.
				Adm 10.035
				and continued appropriateness of contracting periodic reviews in s.
				Adm
				10.037 to the department of administration, bureau of
				procurement.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.04 - Prior approval

Current through June 24, 2024
(1) APPLICATION. Prior to taking any
			 contractual services procurement action, an agency shall file an RPA with the
			 department, that includes the information specified in s.
			 Adm
			 10.05(1), the proposed method of
			 procurement, the proposed evaluation procedure and the method of selecting the
			 membership of any evaluation committee.
(2) CONSOLIDATION OF TRANSACTIONS. An agency
			 may consolidate repetitive and similar transactions into a general request for
			 prior approval. Such general prior approval may be issued by the department for
			 a specific period of time, not to exceed one calendar year.
(3) PROCUREMENT COMMODITY BULLETIN. The
			 department shall issue a procurement commodity bulletin if it approves the
			 RPA.
(4) PROHIBITION. No contract
			 for contractual services shall be entered into and no payment to any contractor
			 shall be made unless the department has issued a procurement commodity bulletin
			 for that contract.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.05 - Justification

Current through June 24, 2024
(1) CONTENTS OF JUSTIFICATION. Each RPA shall
			 include the following:
(a) A reference to the
			 federal law or regulation or state law which requires or authorizes the
			 procurement of the contractual services;
(b) A description of the services to be
			 performed, a list of any items to be delivered, complete schedules and
			 timetables, and any other specific conditions to be required of the
			 contractor;
(c) A statement showing
			 why the services can be performed more economically or efficiently by contract
			 rather than by current state employees or by hiring permanent, project, or
			 limited term employees. The consideration of costs shall include, but not be
			 limited to, the costs of salaries, fringe benefits, training and unemployment
			 compensation payments;
(d) A
			 statement showing why the proposed procurement is in compliance with the
			 applicable state collective bargaining agreements and that the labor
			 organization or organizations representing the appropriate certified collective
			 bargaining unit or units have been notified of the proposed
			 procurement;
(e) A statement
			 showing why it is not possible to have the services performed by another state
			 agency; and
(f) A statement
			 indicating that competitive bidding will be used or why competitive bidding
			 cannot be used and the justification for using the proposed
			 alternative.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.06 - Competitive bidding

Current through June 24, 2024
Competitive bidding is the preferred method for procuring
				contractual services, and shall be used in every case that permits the
				preparation of specifications or standards, or both, that can be used as the
				basis for award.
For information on competitive bidding, see State Procurement
				  Manual, section PRO-C, "The Bidding
				  Process".
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.07 - Waivers

Current through June 24, 2024
(1) WAIVER REQUIREMENT. Any procurement of
			 contractual services that is not made by competitive bidding requires a waiver
			 of bidding. The request for a waiver shall contain a complete explanation of
			 why competitive bidding cannot be used and the proposed alternative procedure.
			 Procurements estimated to exceed $10,000 require waivers by the governor.
			 Procurements estimated to total $10,000 or less may be waived by the secretary
			 or his or her designee.
(2) GENERAL
			 WAIVER. Agencies may consolidate repetitive and similar transactions into a
			 general waiver request. General waivers are issued for a specific period of
			 time not to exceed one calendar year.
For information on waivers, see State Procurement Manual,
				  sections PRO-C-9, "Waiver of Bidding Process", PRO-C-10, "Bid Waiver
				  Transmittal Letter", and PRO-C-11, "General Waiver".
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.08 - Competitive negotiation

Current through June 24, 2024
(1) REQUEST FOR PROPOSALS (RFP). The
			 preparation of an RFP is mandatory. The RFP shall be written in clear, concise
			 and measurable terms. The RFP shall:
(a)
			 State the name and address of the contracting agency or the procuring agency,
			 or both, and the names, addresses, titles and telephone numbers of persons to
			 whom questions concerning the proposals should be directed;
(b) State how sealed proposals are to be
			 delivered, the date and time by which they must be received and the name and
			 address of the person who is to receive them;
(c) Contain the date and time of the
			 pre-proposal conference, if any, and the period of the contract or
			 contracts;
(d) Clearly describe the
			 scope of the services requested and shall provide prospective contractors with
			 performance criteria, including quantity of each service required and delivery
			 schedules for those services;
(e)
			 State the factors to be considered in evaluating proposals and the relative
			 importance of each factor. Factors that may be considered when evaluating
			 proposals include;
1. Responsiveness of the
			 proposals. The proposal should clearly state the proposer's understanding of
			 the work to be performed.
2.
			 Technical experience and resources of the firm or individual submitting the
			 proposal.
3. Experience and
			 professional activities of the firm or individual submitting the
			 proposal.
4. Size and structure of
			 the firm or individual practice of the proposer.
5. Cost;
(f) State that the procuring agency reserves
			 the right to reject for cause any and all proposals submitted and to request
			 additional information for purposes of clarification only from proposers;
			 and
(g) State that any award made
			 shall be made to the firm which, based on the evaluation by the procuring
			 agency, is best qualified.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.09 - Noncompetitive negotiation

Current through June 24, 2024
In cases where the contractual service can only be obtained
				from one source, the agency shall provide information in the RPA to show that
				only one source exists, that the price is reasonable either on a fair market
				value or on a cost basis, and that the procurement is in the best interests of
				the state.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.10 - Disclosure

Current through June 24, 2024
(1) Any bidder or proposer other than a
			 political subdivision of the state shall include with a bid or proposal a
			 written statement that discloses and provides relevant information on any of
			 the following conditions that exist:
(a) An
			 officer or an employee of the contracting or procuring agency, or his or her
			 immediate family, as defined in s.
			 19.42(7),
			 Stats., owns or controls, directly or indirectly, any equity, or is associated,
			 as defined in s.
			 19.42(2),
			 Stats., with the bidder or proposer;
(b) The bidder or proposer currently employs,
			 or has offered or agreed to employ, any person who is or has been an officer or
			 employee of the contracting or procuring agency within the 12 month period
			 preceding the bid or proposal; or
(c) The bidder or proposer has a contract for
			 contractual services with the contracting or procuring agency or provides
			 services to, or anticipates providing services during the term of the contract
			 to, a person or organization that is regulated by, or receives state funds
			 from, the contracting or procuring agency.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.11 - Purchase orders

Current through June 24, 2024
An official state purchase order shall be issued by the
				contracting agency for each contractual services procurement. All standard
				terms and conditions of the official state purchase order shall apply to all
				contracts except as deleted or amended in the text of an attached
				contract.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.12 - Contract administration

Current through June 24, 2024
Every contract for services shall have a specific person
				designated as the contract administrator. Responsibilities of the contract
				administrator are as follows:
(1)
			 COMPLIANCE. To determine whether the contractor is in compliance with the terms
			 and conditions of the contract before any scheduled payment is made;
(2) ACTION. To take action in the event of
			 any nondelivery or other breach of contract; and
(3) EVALUATION. To file with the department,
			 within 60 days of fulfillment of the contract, an evaluation of the
			 contractor's performance.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.13 - Delegation of authority

Current through June 24, 2024
(1) DEGREE OF DELEGATION. The degree of
			 authority delegated to designated agents pursuant to s.
			 16.71, Stats.,
			 shall be at the discretion of the department. The delegation shall be in
			 writing.
(2) DELEGATION REVIEW.
			 Delegation of its purchasing power under s.
			 16.71, Stats.,
			 does not absolve the department from its responsibilities under subch. IV of
			 ch. 16, Stats. The department shall periodically review the exercise of
			 delegated authority by agencies and may withdraw delegation at any time for
			 cause.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.14 - Performance of contractors

Current through June 24, 2024
The department shall review evaluations of contractor
				performance submitted by agencies pursuant to s.
				16.705(6),
				Stats. The department shall investigate each negative report and develop a list
				of contractors determined to have performed in an unsatisfactory manner. A
				contractor placed on this list shall be excluded from participating in state
				contracts for a period specified by the department not to exceed 2 years. A
				contractor who is placed on this list may request a hearing under s.
				227.42,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.15 - Appeals

Current through June 24, 2024
(1) RIGHT TO PROTEST. Any bidder or proposer
			 or labor organization or organizations representing the appropriate certified
			 state collective bargaining unit or units who is aggrieved in connection with a
			 solicitation or a notice of intent to award a contract may protest to the
			 procuring agency. The protestor shall file a notice of intent to protest in
			 writing with the head of the procuring agency, or designee, within 5 working
			 days after issuance of the solicitation, or after issuance of the letter of
			 intent to award a contract, and shall serve the protest in writing on the head
			 of the procuring agency, or designee, within 10 working days after issuance of
			 the solicitation, or after issuance of the letter of intent to award a
			 contract.
(2) AUTHORITY TO RESOLVE
			 PROTESTS. The head of the procuring agency, or designee, shall have the
			 authority to settle and resolve a protest of an aggrieved bidder or proposer
			 concerning the solicitation or intent to award a contract.
(3) DECISION. If the protest is not resolved
			 by mutual agreement, the head of the procuring agency, or designee, shall
			 promptly issue a decision in writing.
(4) NOTICE OF DECISION. A copy of the
			 decision shall be mailed or otherwise furnished to the protestor.
(5) APPEAL. The protestor may appeal the
			 decision of the procuring agency, provided the protestor alleges a violation of
			 a statute or a provision of this chapter, to the secretary within 5 working
			 days of issuance of the decision. The secretary, or designee, shall take
			 necessary action to settle and resolve the protest and shall promptly issue a
			 decision in writing which shall be mailed or otherwise furnished to the
			 protestor.
(6) STATE OF
			 PROCUREMENTS DURING PROTESTS. In the event of the filing of a timely notice of
			 intent to protest, protest or appeal under sub. (1), the state shall not
			 proceed further with the solicitation or with the award of the contract until a
			 decision is rendered in response to the protest or appeal, or unless the
			 secretary, after consultation with the head of the contracting agency, makes a
			 written determination that the award of the contract without delay is necessary
			 to protect substantial interests of the state.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 10 - Contractual services › Section Adm 10.16 - Exceptions

Current through June 24, 2024
This chapter does not apply to procurements of services of
				other items that are not contractual services or to any contracts under s.
				16.75(2)
				(b),
				16.87
				or
				84.01(13)
				or ch. 35, Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 11 - Surplus state property › Section Adm 11.02 - Purpose

Current through June 24, 2024
The purposes of this chapter are as follows:
(1) To ensure the regular disposal of state
			 property.
(2) To establish criteria
			 for declaring state property as surplus.
(3) To establish appropriate methods for
			 disposing of surplus state property; and
(4) To provide for the transfer of surplus
			 state property to other agencies.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 11 - Surplus state property › Section Adm 11.04 - Primary responsibility

Current through June 24, 2024
(1) The department shall approve declaration
			 of and authorize disposal of all state property.
(2) This primary responsibility may be
			 delegated to agencies in writing by the department. Notice of delegation to
			 each agency shall specify what types of state property are included.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 11 - Surplus state property › Section Adm 11.05 - Declaration of surplus

Current through June 24, 2024
(1) Each agency shall regularly inspect its
			 state property to determine if any should be declared surplus. State property
			 may be declared surplus for the following reasons:
(a) It is not needed by the agency to carry
			 out program responsibilities in the foreseeable future;
(b) It is obsolete, broken or otherwise not
			 useful to the agency in carrying out the program responsibilities.
(c) It is beyond the date specified for
			 replacement on an established agency replacement schedule, or meets criteria
			 established by the department for disposition; or
(d) It is no longer useable for its intended
			 purpose.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 11 - Surplus state property › Section Adm 11.06 - Methods of disposal

Current through June 24, 2024
All surplus state property shall be disposed of by one of 7
				methods.
(1) Transfer or sale to
			 another state agency. The department shall assist agencies in locating
			 potential users of surplus state property.
(2) Transfer or sale to a municipality, as
			 defined in s.
			 66.0301(1)
			 (a), Stats., other than a state
			 agency.
(3) Sale to the public by
			 one of 4 methods:
(a) Soliciting competitive
			 bid offers from the public.
(b)
			 Offering to the public at a fixed sale price established by the department by
			 appraisal, market survey or other means.
(c) Offering to the public at the highest
			 competitive price arrived at through public auctions.
(d) Arriving at a negotiated sale price which
			 is determined by open documented negotiation, for example, blue book
			 value.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 11 - Surplus state property › Section Adm 11.07 - Proceeds from disposal

Current through June 24, 2024
(1) Credit from the disposal of surplus state
			 property, less handling and selling costs, shall be provided to the originating
			 agency, pursuant to s.
			 16.72(4)
			 (b), Stats.
(2) Agencies to which the sale or trade-in of
			 surplus state property has been delegated, in s.
			 Adm
			 11.04(2), shall regularly report all
			 proceeds to the department.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 12 - Electronic records management - standards and requirements › Section Adm 12.01 - Authority

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				16.611,
				Stats., state public records, s.
				16.612,
				Stats., local government records, and s.
				227.11(2)
				(a), Stats., to implement s.
				16.61,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 12 - Electronic records management - standards and requirements › Section Adm 12.03 - Scope

Current through June 24, 2024
This chapter establishes defined requirements, standards and
				guidelines for state and local government accessibility of electronic public
				records from creation through active use, long-term management, preservation
				and disposition. This chapter does not require an agency to maintain public
				records in electronic format.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 12 - Electronic records management - standards and requirements › Section Adm 12.04 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Accessible" means information arranged, identified, indexed or maintained in a
			 manner that permits the custodian of the public record to locate and retrieve
			 the information in a readable format within a reasonable time.
(2) "Accurate" means all information produced
			 exhibits a high degree of legibility and readability and correctly reflects the
			 original record when displayed on a retrieval device or reproduced on
			 paper.
(3) "Authentic" means the
			 retained electronic record correctly reflects the creator's input and can be
			 substantiated.
(4) "Content" means
			 the basic data or information carried in a record.
(5) "Context" means the relationship of the
			 information to the business and technical environment in which it arises.
			 "Context" can include, but is not limited to, such elements as: the origin of
			 the record; date and time the record was created; identification of the record
			 series to which the information belongs.
(6) "Electronic format" includes information
			 created, generated, sent, communicated or stored in electrical, digital,
			 magnetic, optical, electromagnetic or similar technological form.
(7) "Information system" means a system for
			 generating, sending, receiving, storing or otherwise processing data.
(8) "Legible" means the quality of the
			 letters, numbers or symbols can be positively and quickly identified to the
			 exclusion of all other letters, numbers or symbols when displayed on a
			 retrieval device or retrieved by device or reproduced on paper.
(9) "Life cycle" means all phases of a
			 record's existence: creation, active use, preservation and management through
			 to disposition. "Disposition" includes permanent preservation as well as
			 designation for destruction.
(10)
			 "Meaning" means a record carries its original content, context and structure
			 throughout its life cycle.
(11)
			 "Public record" has the meaning given in s.
			 16.61(2)
			 (b), Stats.
(12) "Readable" means the quality of a group
			 of letters, numbers or symbols is recognized as words, complete numbers or
			 distinct symbols.
(13) "Reliable"
			 means the electronic record produced correctly reflects the initial record each
			 time the system is requested to produce that record.
(14) "Structure" means the appearance or
			 arrangement of the information in the record. "Structure" can include, but is
			 not limited to, such elements as heading, body and form.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 12 - Electronic records management - standards and requirements › Section Adm 12.05 - Provisions

Current through June 24, 2024
State and local agencies shall comply with all statutes and
				rules relating to public records. With regard to public records stored
				exclusively in electronic format, state and local agencies shall do all of the
				following:
(1) Maintain electronic
			 public records that are accessible, accurate, authentic, reliable, legible, and
			 readable throughout the record life cycle.
(2) Document policies, assign
			 responsibilities, and develop appropriate formal mechanisms for creating and
			 maintaining electronic public records throughout the record life
			 cycle.
(3) Maintain confidentiality
			 or restricted access to records or records series maintained in electronic
			 format, limiting access to those persons authorized by law, administrative rule
			 or established agency policy.
(4)
			 Utilize information systems that accurately reproduce the records they create
			 and maintain.
(5) Describe and
			 document public records created by information systems.
(6) Document authorization for the creation
			 and modification of electronic public records and, where required, ensure that
			 only authorized persons create or modify the records.
(7) Design and maintain new information
			 systems so that these systems can provide an official record copy for those
			 business functions accomplished by the system.
(8) Develop and maintain information systems
			 that maintain accurate linkages, electronically or by other means, to
			 transactions supporting the records created where these linkages are essential
			 to the meaning of the record.
(9)
			 Utilize information systems that produce records that continue to reflect their
			 meaning throughout the record life cycle.
(10) Utilize information systems that can
			 delete or purge electronic records created in accordance with the approved
			 retention schedule.
(11) Utilize
			 information systems that can export records that require retention to other
			 systems without loss of meaning.
(12) Utilize information systems that can
			 output record content, structure and context.
(13) Utilize information systems that allow
			 records to be masked to exclude confidential or exempt information.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.01 - Authority

Current through June 24, 2024
(1) Section
			 16.004,
			 Stats., empowers the department of administration to adopt rules for
			 administering the department and performing the duties assigned to
			 it.
(2) These rules shall apply
			 whenever the department of administration exercises its powers and duties
			 prescribed in s.
			 16.85,
			 Stats., to award and contract to a private architect/engineer who will be
			 retained to provide professional services to the state of Wisconsin.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.03 - Convening of selection committee

Current through June 24, 2024
(1) At the call of
			 the chairperson, or the chairperson's designee, the selection committee shall
			 convene for the purpose of initiating and carrying out the process of selecting
			 architects/engineers for projects approved by the state building
			 commission.
(2) An agenda will be
			 furnished to the selection committee prior to their meeting to allow committee
			 members an opportunity to obtain background information. The agenda shall
			 provide the following information:
(a) Project
			 identification
(b) Estimated
			 project budget
(c) Extent to which
			 project may proceed as authorized by the Wisconsin state building
			 commission.
(d) Status of program
			 requirements for the project.
(e)
			 Other pertinent project information.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.04 - Selection procedures

Current through June 24, 2024
(1) When selecting an architect/engineer for
			 a project when the estimated project cost is less than $5,000,000, the
			 selection committee may utilize the simplified selection by nomination
			 procedure specified in s.
			 Adm
			 20.05.
(2)
			 When selecting an architect/engineer for a project that has an estimated
			 project cost of $5,000,000 or more, the selection committee shall require the
			 more detailed procedure for selection by advertisement, review and interview as
			 specified in ss.
			 Adm
			 20.06,
			 20.07 and
			 20.08.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.05 - Selection by nomination

Current through June 24, 2024
(1) The department shall solicit for
			 architects/engineers by posting an advertisement for the project on the
			 department's official website. The advertisement shall include a project
			 description, proposed budget, schedule and a contact name for questions during
			 the solicitation period. Architects/engineers who are interested in a project
			 may submit a letter of interest through the website for review by the selection
			 committee.
(2) An
			 architect/engineer responding to the project solicitation shall provide all of
			 the following information in the letter of interest:
(a) Completed and updated architect/engineer
			 data record form, if one has not previously been provided.
(b) List of similar projects the
			 architect/engineer has, at minimum, substantially completed, including
			 approximate project square footage or cost of project.
(c) Architect's/engineer's proposed staff and
			 subconsultants for the project.
(d)
			 Schedule indicating when the architect/engineer can begin project
			 work.
(e) Any other pertinent
			 information indicating the architect's/engineer's qualifications and
			 experience.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.06 - Selection by advertisement

Current through June 24, 2024
(1) For all
			 projects having an estimated project cost of 5,000,000 or more, an invitation
			 for architects/engineers to submit proposals for consideration by the selection
			 committee, shall be published in a class 2 notice under ch. 985, Stats., in the
			 official state newspaper. The notice shall contain as a minimum the following
			 information:
(a) Project title and
			 location.
(b) Identity of
			 owner.
(c) Architect/engineer
			 qualification requirements.
(d)
			 Description of services required.
(e) Project description, estimated project
			 budget and schedule.
(f) Location
			 where proposals will be received and the date and time receipt of proposals
			 will close.
(g) Criteria used in
			 ranking architects/engineers to qualify for the interview process.
(h) Other information pertinent to the
			 solicitation regarding the qualifications of the architect/engineer
			 firm.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.07 - Eligibility and qualification review

Current through June 24, 2024
(1) Proposals
			 received from architects/engineers will be opened by the selection committee
			 after the date and time set forth in the advertisement.
(2) The first phase of the review shall be
			 directed to establishing eligible architects/engineers, as defined in s.
			 Adm
			 20.02(4), by screening the
			 information provided in the architects/engineers data record form submitted
			 with each proposal.
(3) Proposals
			 submitted by those architects/engineers meeting eligibility criteria shall then
			 be reviewed for the following qualification criteria:
(a) Past performance on projects for which
			 the architect/engineer has been responsible.
(b) Production capabilities.
(c) Current workload of state projects under
			 contract by the architect/engineer.
(d) Experience or specialization in the type
			 or function of the project being considered.
(e) Geographic proximity.
(f) Other information pertinent to the review
			 of architect/engineer qualifications.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.08 - Interview

Current through June 24, 2024
(1) Those architects/engineers deemed to be
			 the best qualified, shall be notified and date and time shall be arranged for
			 them to appear before the selection committee for the purpose of presenting
			 their understanding of the scope of services required and their proposed method
			 of meeting the program, including appropriateness and adherence to project
			 budget and schedule. A copy of the evaluation form and interview questionnaire
			 used by the selection committee will be furnished to the architect/engineer at
			 least 10 days prior to their scheduled appearance.
(2) During the architect/engineer
			 presentations, selection committee members will be free to ask pertinent
			 questions of the architect/engineer. Each member of the selection committee
			 shall independently complete a pre-developed evaluation form on each
			 architect/engineer appearing before the panel.
(3) Upon completion of architect/engineer
			 presentations, the selection committee will discuss the overall conclusions
			 derived from presentations and independently complete the evaluation
			 forms.
(4) The selection
			 committee's recommendation for selection shall be the 2 architect/engineer
			 firms receiving the highest scores.
(5) The selection committee will submit their
			 first and second recommendation for selection of an architect/engineer to the
			 secretary of the department or the secretary's designee.
(6) The secretary of the department, or the
			 secretary's designee, will consider the selection committee's recommendations,
			 and inform the selection committee of the results of that
			 consideration.
(7) The department
			 will confirm the selection with the approved architect/engineer. If deemed
			 necessary, the department may request additional information prior to
			 confirmation.
(8) Negotiations for
			 contract shall be conducted in the same manner as that specified in s.
			 Adm
			 20.05(9).
(9) After confirmation of the selection, the
			 department shall notify all interviewed architects/engineers informing them of
			 the selection committee action and post results of selection on the
			 department's official website. Any architect/engineer who was interviewed may
			 upon request, inspect the selection committee interview evaluation of their
			 firm.
The Wisconsin Department of Administration Division of State
				  Facilities official website is
www.doa.state.wi.us/dsf
.Forms,
				  publications and information regarding architect/engineer selection and
				  proposed projects may be obtained from this website.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.09 - Contract processing

Current through June 24, 2024
(1) The department will prepare contracts and
			 submit them to the architect/engineer for signature.
(2) Final approval authority for contracts
			 shall be guided by all of the following:
(a)
			 The approving authority for contracts less than the threshold prescribed in s.
			 16.87(3),
			 Stats., is vested in the department secretary, or the secretary's
			 designee.
(b) Contracts of the
			 threshold prescribed in s.
			 16.87(3),
			 Stats., or more must be signed by the department secretary, or the secretary's
			 designee, and forwarded to the governor for approval.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 20 - Selecting and contracting architect/engineer services › Section Adm 20.10 - Performance reporting

Current through June 24, 2024
(1) Upon award of the construction contracts
			 and upon completion of the construction phase, and at any other time deemed
			 necessary, department staff members involved in specific phases of the work
			 will submit independent written evaluations of the architect's/engineer's
			 performance of the professional service to the department's representative who
			 is responsible for the general supervision of project implementation. Similar
			 performance evaluations shall be completed on the consultant(s) of the
			 architect/engineer.
(2) Individual
			 performance evaluation reports shall be based on evaluation of professional
			 contract services such as, but not limited to the following:
(a) Design ability to meet program,
			 schedules, and budgets.
(b)
			 Accuracy and completeness of contract documents as evidenced by the number and
			 character of addenda and change orders required.
(c) Administration of contracts, payments and
			 construction documents as evidenced by the timeliness of the service
			 rendered.
(d) Responsiveness to
			 field observations and construction activities and requirements as evidenced by
			 the timeliness of the service rendered.
(e) Overall professional responsibilities
			 demonstrated.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 21 - Advertising, Bidding And Award Of Construction Contracts › Section Adm 21.01 - Authority

Current through June 24, 2024
(1) Section
			 16.855(15),
			 Stats., empowers the department to adopt rules to implement the advertising and
			 award of contracts for construction projects.
(2) These rules shall apply to all state
			 construction projects when the estimated construction cost exceeds the
			 threshold prescribed in s.
			 16.855(1m),
			 Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 21 - Advertising, Bidding And Award Of Construction Contracts › Section Adm 21.02 - Definitions

Current through June 24, 2024
(1) "Advertise for proposals" means a written
			 notice announcing that sealed bids will be received for a specific construction
			 project, inviting prospective bidders to obtain or review drawings and
			 specifications for the purpose of submitting a bid to do work. The
			 advertisement for proposals shall contain as a minimum, the following
			 information:
(a) Location of the
			 work.
(b) Identification of
			 owner.
(c) Scope of the work, which
			 describes such items as square footage, number of floors and primary
			 function(s) of the project.
(d) A
			 10% bid guarantee is required.
(e)
			 Date and time receipt of bids will close and public opening will
			 occur.
(f) Location where bids will
			 be received.
(g) Date and place
			 where drawings and specifications will be available.