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SB21-SSA1,333r 3Section 333r. 16.745 of the statutes is created to read:
SB21-SSA1,47,11 416.745 Department of employee trust funds and governing boards
5purchasing.
(1) All supplies, materials, equipment, and contractual services
6required by the department of employee trust funds and any of its governing boards
7shall be purchased by the department of employee trust funds and its governing
8boards. The department of employee trust funds and its governing boards shall
9maintain copies of all purchasing requisitions and contracts and shall permit
10inspection and copying of the requisitions and contracts under subch. II of ch. 19.
11No such requisition or contract need be filed with the department of administration.
SB21-SSA1,47,14 12(2) (a) The department of employee trust funds shall file all bills and
13statements for purchases and engagements it makes under this section with the
14secretary, who shall audit and authorize payment of all bills and statements.
SB21-SSA1,47,1715 (b) Any governing board shall file all bills and statements for purchases and
16engagements it makes under this section with the secretary, who shall audit and
17authorize payment of all bills and statements.
SB21-SSA1,47,25 18(3) The department of administration shall, upon request, make
19recommendations and furnish assistance to the department of employee trust funds
20and its governing boards regarding purchasing procedure. The department of
21administration shall, upon request, process requisitions for purchases submitted by
22the department of employee trust funds or a governing board and shall procure
23materials, supplies, equipment, and services for the department of employee trust
24funds or a governing board in accordance with the purchasing procedure prescribed
25for executive branch agencies under this subchapter.
SB21-SSA1,334c
1Section 334c. 16.75 (1) (a) 2. of the statutes is amended to read:
SB21-SSA1,48,102 16.75 (1) (a) 2. If a vendor is not a Wisconsin producer, distributor, supplier or
3retailer and the department determines that the state, foreign nation or subdivision
4thereof in which the vendor is domiciled grants a preference to vendors domiciled in
5that state, nation or subdivision in making governmental purchases, the department
6and any agency making purchases under s. 16.74 or 16.745 shall give a preference
7over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any,
8when awarding the order or contract. The department may enter into agreements
9with states, foreign nations and subdivisions thereof for the purpose of implementing
10this subdivision.
SB21-SSA1,339n 11Section 339n. 16.75 (3m) (b) of the statutes is amended to read:
SB21-SSA1,48,1512 16.75 (3m) (b) 1. The department, any agency to which the department
13delegates purchasing authority under s. 16.71 (1), and any agency making purchases
14under s. 16.74 or 16.745 shall attempt to ensure that 5 percent of the total amount
15expended under this subchapter in each fiscal year is paid to minority businesses.
SB21-SSA1,48,2016 2. The department, any agency to which the department delegates purchasing
17authority under s. 16.71 (1), and any agency making purchases under s. 16.74 or
1816.745
shall attempt to ensure that at least 1 percent of the total amount expended
19under this subchapter in each fiscal year is paid to disabled veteran-owned
20businesses.
SB21-SSA1,49,821 3. Except as provided under sub. (7), the department, any agency to which the
22department delegates purchasing authority under s. 16.71 (1), and any agency
23making purchases under s. 16.74 or 16.745 may purchase materials, supplies,
24equipment, and contractual services from any minority business or disabled
25veteran-owned business, or a business that is both a minority business and a

1disabled veteran-owned business, submitting a qualified responsible competitive
2bid that is no more than 5 percent higher than the apparent low bid or competitive
3proposal that is no more than 5 percent higher than the most advantageous proposal.
4In administering the preference for minority businesses or disabled veteran-owned
5businesses established in this paragraph, the department, the delegated agency, and
6any agency making purchases under s. 16.74 or 16.745 shall maximize the use of
7minority businesses or disabled veteran-owned businesses which are incorporated
8under ch. 180 or which have their principal place of business in this state.
SB21-SSA1,342 9Section 342. 16.75 (3t) (c) (intro.) of the statutes is amended to read:
SB21-SSA1,50,210 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide
11to the department of administration a current list of all materials, supplies,
12equipment or contractual services, excluding commodities, that are supplied by
13prison industries, as created under s. 303.01. The department of administration
14shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except
15as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed
16proposals with respect to the purchase of any materials, supplies, equipment or
17contractual services enumerated in the list, the department of administration or any
18other designated purchasing agent under s. 16.71 (1) shall offer prison industries the
19opportunity to supply the materials, supplies, equipment or contractual services if
20the department of corrections is able to provide them at a price that is equal to or
21lower than
comparable to one which may be obtained through competitive bidding
22or competitive sealed proposals and is able to conform to the specifications. If the
23department of administration or other purchasing agent is unable to determine
24whether the price of prison industries is equal to or lower than comparable to one
25obtained through competitive bidding or competitive sealed proposals, it may solicit

1bids or competitive proposals before awarding the order or contract. This paragraph
2does not apply to the printing of the following forms:
SB21-SSA1,343 3Section 343. 16.75 (3t) (c) 1. of the statutes is repealed.
SB21-SSA1,344 4Section 344. 16.75 (3t) (c) 6. of the statutes is repealed.
SB21-SSA1,345b 5Section 345b. 16.75 (8) (am) of the statutes is amended to read:
SB21-SSA1,50,126 16.75 (8) (am) The department, any other designated purchasing agent under
7s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745, and each
8authority other than the University of Wisconsin Hospitals and Clinics Authority
9and the Lower Fox River Remediation Authority shall, to the extent practicable,
10make purchasing selections using specifications developed under s. 16.72 (2) (e) to
11maximize the purchase of materials utilizing recycled materials and recovered
12materials.
SB21-SSA1,345d 13Section 345d. 16.75 (9) of the statutes is amended to read:
SB21-SSA1,50,1814 16.75 (9) The department, any other designated purchasing agent under s.
1516.71 (1), any agency making purchases under s. 16.74 or 16.745, and any authority
16other than the University of Wisconsin Hospitals and Clinics Authority and the
17Lower Fox River Remediation Authority shall, to the extent practicable, make
18purchasing selections using specifications prepared under s. 16.72 (2) (f).
SB21-SSA1,345f 19Section 345f. 16.75 (10e) (b) of the statutes is amended to read:
SB21-SSA1,51,1220 16.75 (10e) (b) If s. 16.855 (10s) (a) provides an applicable standard for the type
21of energy consuming equipment being purchased and the purchase will cost more
22than $5,000 per unit the department, any other designated purchasing agent under
23s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745, and any
24authority may not purchase that type of energy consuming equipment unless the
25specifications for the equipment meet the applicable standards. If there is an

1applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment
2meeting that standard is not reasonably available, the department, purchasing
3agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the
4energy consuming equipment that is purchased maximizes energy efficiency to the
5extent technically and economically feasible. The department, purchasing agent,
6agency, or authority shall not determine that energy consuming equipment that
7meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably
8available on the basis of cost alone or is not cost-effective unless the difference in the
9cost of the purchase and installation of the equipment that meets the standard and
10the equipment that would otherwise be installed is greater than the difference in the
11cost of operating the equipment that meets the standard and the equipment that
12would otherwise be installed over the anticipated life of the equipment.
SB21-SSA1,345h 13Section 345h. 16.75 (10m) of the statutes is amended to read:
SB21-SSA1,51,1914 16.75 (10m) The department, any other designated purchasing agent under s.
1516.71 (1), any agency making purchases under s. 16.74 or 16.745, and any authority
16shall not enter into any contract or order for the purchase of materials, supplies,
17equipment, or contractual services with a person if the name of the person, or the
18name of an affiliate of that person, is certified to the department by the secretary of
19revenue under s. 77.66.
SB21-SSA1,346p 20Section 346p. 16.76 (1) of the statutes is amended to read:
SB21-SSA1,52,321 16.76 (1) All contracts for materials, supplies, equipment or contractual
22services to be provided to any agency shall run to the state of Wisconsin. Such
23contracts shall be signed by the secretary or an individual authorized by the
24secretary, except that contracts entered into by the department of employee trust
25funds or its governing boards shall be signed by an individual authorized by the

1secretary of employee trust funds and contracts entered into
directly by the
2legislature, the courts or a legislative service or judicial branch agency shall be
3signed by an individual authorized under s. 16.74 (2) (b).
SB21-SSA1,354p 4Section 354p. 16.77 (1) of the statutes is amended to read:
SB21-SSA1,52,115 16.77 (1) No bill or statement for work or labor performed under purchase
6orders or contracts issued by the secretary or the secretary's designated agents, and
7no bill or statement for supplies, materials, equipment or contractual services
8purchased for and delivered to any agency may be paid until the bill or statement is
9approved through a preaudit or postaudit process determined by the secretary. This
10subsection does not apply to purchases made directly by the courts, the legislature
11or a legislative service or judicial branch agency
under s. 16.74 or 16.745.
SB21-SSA1,355b 12Section 355b. 16.78 (1) of the statutes is amended to read:
SB21-SSA1,53,213 16.78 (1) Every agency other than the board of regents of the University of
14Wisconsin System, the University of Wisconsin-Madison, or an agency making
15purchases under s. 16.74 or 16.745 shall make all purchases of materials, supplies,
16equipment, and contractual services relating to information technology or
17telecommunications from the department, unless the department requires the
18agency to purchase the materials, supplies, equipment, or contractual services
19pursuant to a master contract established under s. 16.972 (2) (h), or grants written
20authorization to the agency to procure the materials, supplies, equipment, or
21contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies,
22equipment, or contractual services from another agency or to provide the materials,
23supplies, equipment, or contractual services to itself. The board of regents of the
24University of Wisconsin System and the University of Wisconsin-Madison may

1make purchases of materials, supplies, equipment, and contractual services relating
2to information technology or telecommunications from the department.
SB21-SSA1,356q 3Section 356q. 16.84 (5) of the statutes is renumbered 16.84 (5) (a) 1. and
4amended to read:
SB21-SSA1,53,85 16.84 (5) (a) 1. Have responsibility, subject to approval of the governor, for all
6functions relating to the leasing, acquisition, allocation and utilization of all real
7property by the state, except where such responsibility is otherwise provided by the
8statutes. In this connection, the department shall, with the governor's approval
SB21-SSA1,53,13 9(b) When exercising the responsibility under par. (a) 1., require, with the
10governor's approval,
physical consolidation of office space utilized by any executive
11branch agency, as defined in s. 16.70 (4), having fewer than 50 authorized full-time
12equivalent positions with office space utilized by another executive branch agency,
13whenever feasible. The department shall lease
SB21-SSA1,53,16 14(c) Lease or acquire office space for legislative offices or legislative service
15agencies at the direction of the joint committee on legislative organization. In this
16subsection, "executive branch agency" has the meaning given in s. 16.70 (4).
SB21-SSA1,356r 17Section 356r. 16.84 (5) (a) 2. of the statutes is created to read:
SB21-SSA1,53,2318 16.84 (5) (a) 2. Before entering into or renewing a lease for an executive branch
19agency, as defined in s. 16.70 (4), for space that is located in Dane or Milwaukee
20County, solicit lease options for space in counties other than Dane or Milwaukee and
21provide to the agency director and the joint committee on finance a cost-benefit
22analysis that considers any savings that would accrue to the state if the executive
23branch agency were located in a county other than Dane or Milwaukee.
SB21-SSA1,364m 24Section 364m. 16.85 (1) of the statutes is amended to read:
SB21-SSA1,54,15
116.85 (1) To take charge of and supervise all engineering or architectural
2services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the
3state, or any department, board, institution, commission, or officer of the state,
4including nonprofit-sharing corporations organized for the purpose of assisting the
5state in the construction and acquisition of new buildings or improvements and
6additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11,
7except work to be performed for the University of Wisconsin System with respect to
8a building, structure, or facility involving a cost of less than $500,000 that is funded
9entirely with the proceeds of gifts or grants made to the system
for a project specified
10in s. 13.48 (10) (c) or (e)
, and except the engineering, architectural, and construction
11work of the department of transportation; and the engineering service performed by
12the department of safety and professional services, department of revenue, public
13service commission, department of health services, and other departments, boards,
14and commissions when the service is not related to the maintenance, and
15construction and planning, of the physical properties of the state.
SB21-SSA1,365m 16Section 365m. 16.85 (2) of the statutes is amended to read:
SB21-SSA1,55,617 16.85 (2) To furnish engineering, architectural, project management, and other
18building construction services whenever requisitions therefor are presented to the
19department by any agency. The department may deposit moneys received from the
20provision of these services in the account under s. 20.505 (1) (kc) or in the general
21fund as general purpose revenue — earned. For a building project of the University
22of Wisconsin System that is entirely funded by program revenues or program
23revenue supported borrowing, the department shall assess the University of
24Wisconsin System for these services on a fee-for-service basis, except that the fees
25assessed may not exceed 4 percent of the total cost of the project.
In this subsection,

1"agency" means an office, department, independent agency, institution of higher
2education, association, society, or other body in state government created or
3authorized to be created by the constitution or any law, which is entitled to expend
4moneys appropriated by law, including the legislature and the courts, but not
5including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
6or 279.
SB21-SSA1,366m 7Section 366m. 16.85 (12) of the statutes is amended to read:
SB21-SSA1,55,168 16.85 (12) To review and approve plans and specifications for any building or
9structure that is constructed for the benefit of the University of Wisconsin System
10or any institution thereof, and to periodically review the progress of any such
11building or structure during construction to assure compliance with the approved
12plans and specifications. This subsection does not apply to any building, structure,
13or facility that is constructed. remodeled, repaired, renewed, or expanded for the
14University of Wisconsin System involving a cost of less than $500,000 if the project
15is funded entirely from the proceeds of gifts or grants made to the system
projects
16specified in s. 13.48 (10) (c) and (e)
.
SB21-SSA1,369d 17Section 369d. 16.855 (1g) (a) of the statutes is renumbered 16.855 (1g) (ar).
SB21-SSA1,369h 18Section 369h. 16.855 (1g) (ag) of the statutes is created to read:
SB21-SSA1,55,2019 16.855 (1g) (ag) "Board of Regents" means the Board of Regents of the
20University of Wisconsin System.
SB21-SSA1,369p 21Section 369p. 16.855 (1g) (e) of the statutes is amended to read:
SB21-SSA1,56,222 16.855 (1g) (e) "Single prime contracting" means bidding and contracting
23through a process in which only a general prime contractor has a contractual
24relationship with the state and all mechanical, electrical, or plumbing

1subcontractors are identified by the department or the Board of Regents and are
2subcontractors to the general prime contractor.
SB21-SSA1,369t 3Section 369t. 16.855 (1g) (f) of the statutes is created to read:
SB21-SSA1,56,64 16.855 (1g) (f) "UW gifts and grants project" means a construction project
5funded entirely with gifts and grants made to the University of Wisconsin System
6for the express purpose of funding the construction project.
SB21-SSA1,370 7Section 370. 16.855 (1m) of the statutes is amended to read:
SB21-SSA1,56,138 16.855 (1m) The department shall let by contract to the lowest qualified
9responsible bidder all construction work when the estimated construction cost of the
10project exceeds $50,000, except for construction work authorized under s. 16.858 and
11except as provided in sub. (1r) or (10m) or s. 13.48 (19) (a). If factors other than dollar
12amounts are required to be evaluated for a project, the department shall specify a
13formula that will convert the other factors into a dollar value for comparison.
SB21-SSA1,372g 14Section 372g. 16.855 (12m) of the statutes is created to read:
SB21-SSA1,56,1815 16.855 (12m) The Board of Regents may let UW gifts and grants projects
16through single prime contracting. If the Board of Regents lets a UW gifts and grants
17project through single prime contracting, this section does not apply to the project,
18except for subs. (13), (14), and (14m).
SB21-SSA1,372r 19Section 372r. 16.855 (13) (a) 1. of the statutes is amended to read:
SB21-SSA1,56,2520 16.855 (13) (a) 1. In any project under this section let under single prime
21contracting, the department or the Board of Regents shall identify, as provided under
22par. (b), the mechanical, electrical, or plumbing subcontractors who have submitted
23the lowest bids and who are qualified responsible bidders. A general prime
24contractor who is submitting a bid under sub. (14) shall include the subcontractors
25so identified.
SB21-SSA1,373b
1Section 373b. 16.855 (13) (a) 2. of the statutes is amended to read:
SB21-SSA1,57,72 16.855 (13) (a) 2. In any project under this section that is let under s. 13.48 (19)
3(a), the department shall identify, as provided under par. (b), the mechanical,
4electrical, or plumbing subcontractors who have submitted the lowest bids and who
5are qualified responsible bidders. The contractor awarded a contract under s. 13.48
6(19) (a) shall contract with the mechanical, electrical, or plumbing subcontractors so
7identified.
SB21-SSA1,373m 8Section 373m. 16.855 (13) (b) of the statutes is amended to read:
SB21-SSA1,57,229 16.855 (13) (b) For purposes of identifying subcontractors under par. (a), the
10department or the Board of Regents shall develop and administer an open and public
11bidding process and. The department shall follow the requirements and procedures
12under sub. (2). The Board of Regents shall follow the requirements and procedures
13specified for the department under sub. (2) and has the power specified for the
14department under sub. (6).
Within 48 hours of the deadline for a mechanical,
15electrical, or plumbing contractor to submit a bid, the department or board shall post
16on the department its Internet site the names of the bidders and the amount of each
17bid. No more than 5 days after the deadline, the department or board shall post on
18its Internet site and provide public notice of the lowest bidders who are qualified
19responsible bidders. The department or board shall post on its Internet site the bids,
20including the bid documents, identified under this paragraph as the lowest bids and
21they shall be open to public inspection under s. 19.35 (1). No other bids under this
22paragraph may be on the Internet site or open to public inspection.
SB21-SSA1,374b 23Section 374b. 16.855 (14) (am) of the statutes is amended to read:
SB21-SSA1,58,224 16.855 (14) (am) Except as provided in s. 13.48 (19) (a), the department shall
25let all construction projects that exceed $185,000 through single prime contracting.

1The department may not request or accept any alternate bids when letting a
2construction project through single prime contracting.
SB21-SSA1,374d 3Section 374d. 16.855 (14) (b) 1. of the statutes is amended to read:
SB21-SSA1,58,84 16.855 (14) (b) 1. The state is not liable to a contractor for damage from delay
5caused by another contractor if the department or the Board of Regents takes
6reasonable action to require the delaying contractor to comply with its contract. If
7the state is not liable under this subdivision, the delayed contractor may bring an
8action for damages against the delaying contractor.
SB21-SSA1,374e 9Section 374e. 16.855 (14) (bm) of the statutes is amended to read:
SB21-SSA1,58,1810 16.855 (14) (bm) If the bid is being let through single prime contracting, bidders
11for the general prime contractor who are responsible qualified bidders shall submit
12their bids to the department or the Board of Regents no later than 5 days after the
13successful subcontractor bids become available to the public under sub. (13) (b).
14Within 48 hours of the deadline for a general prime contractor to submit a bid, the
15department or board shall post on the department's its Internet site the tabulations
16of all bids that identify the names of the general prime contractors that bid and the
17amount of each bid and shall make the tabulations and amounts available at the
18department or board if they are unavailable on the department's Internet site.
SB21-SSA1,374h 19Section 374h. 16.855 (14) (c) of the statutes is amended to read:
SB21-SSA1,58,2420 16.855 (14) (c) The department or the Board of Regents shall reject any bid for
21the general prime contractor from a bidder who submits a bid that includes
22contractors other than the ones identified under sub. (13) (a). The award of a contract
23may not be finalized until the department or board approves the required
24performance bond and certificate of insurance.
SB21-SSA1,374L 25Section 374L. 16.855 (14) (d) of the statutes is amended to read:
SB21-SSA1,59,4
116.855 (14) (d) Except as provided in sub. (10m) (am), the department or the
2Board of Regents
shall award all single prime contracts to the lowest bidder who is
3a qualified responsible bidder that results in the lowest total construction cost for the
4project.
SB21-SSA1,374o 5Section 374o. 16.855 (14) (e) of the statutes is amended to read:
SB21-SSA1,59,166 16.855 (14) (e) Within 30 days after the deadline under par. (bm) for bidders
7for the general prime contractor to submit their bids, the department or the Board
8of Regents
shall notify the general prime contractor bidder that was awarded the
9contract under par. (d). The contractor who is awarded the contract shall enter into
10contracts with the mechanical, electrical, or plumbing subcontractors identified
11under par. (13) (a), shall ensure that any contract meets the requirements under sub.
12(14m) (a) and (b), and shall comply with the requirements under sub. (14m) (c) and
13(d). The department or board shall make the final bid results available on its
14Internet site at the time it provides the written, official notice to the successful
15general prime contractor bidder notifying the contractor that the contract is fully
16executed and that the contractor is authorized to begin work on the project.
SB21-SSA1,374r 17Section 374r. 16.855 (14m) (a) of the statutes is amended to read:
SB21-SSA1,59,1918 16.855 (14m) (a) Any contract entered into between a general prime contractor
19and a subcontractor under sub. (14) (e) must contain all of the following clauses:
SB21-SSA1,59,25 20Prompt Payment. (General prime contractor) shall pay (mechanical,
21electrical, or plumbing subcontractor) in accordance with section 16.855 (19) (b),
22Wisconsin stats., for work that has been satisfactorily completed and properly
23invoiced by (mechanical, electrical, or plumbing subcontractor). A payment is timely
24if it is mailed, delivered, or transferred to (mechanical, electrical, or plumbing
25subcontractor) by the deadline under section 16.855 (19) (b), Wisconsin stats.
SB21-SSA1,60,7
1If (mechanical, electrical, or plumbing subcontractor) is not paid by the
2deadline in this contract, (general prime contractor) shall pay interest on the balance
3due from the eighth day after the (general prime contractor) receives payment from
4the Department (Department of Administration or Board of Regents) for the work
5for which payment is due and owing to (mechanical, electrical, or plumbing
6subcontractor), at the rate specified in section 71.82, Wisconsin stats., compounded
7monthly.
SB21-SSA1,60,128 A (mechanical, electrical, or plumbing subcontractor) that receives payment as
9provided under this contract and that subcontracts with another entity shall pay
10those subcontractors, and be liable for interest on late payments to those
11subcontractors, in the same manner as (general prime contractor) is required to pay
12(mechanical, electrical, or plumbing subcontractor) under this contract.
SB21-SSA1,60,17 13Insurance and Bonds. (Mechanical, electrical, or plumbing subcontractor)
14shall not commence work under this contract until it has obtained all necessary
15insurance required of (mechanical, electrical, or plumbing subcontractor) in the
16contract between the (general prime contractor) and the Department (Department
17of Administration or Board of Regents).
SB21-SSA1,60,2318 (Mechanical, electrical, or plumbing subcontractor) shall provide a separate
19100 percent performance bond and a separate 100 percent payment bond to the
20benefit of the (general prime contractor) as the sole named obligee. Original bonds
21shall be given to the (general prime contractor) and a copy shall be given to the
22Department (Department of Administration or Board of Regents) no later than 10
23days after execution of this contract.
SB21-SSA1,61,19 24Indemnification. To the fullest extent permitted by law, (mechanical,
25electrical, or plumbing subcontractor) shall defend, indemnify, and hold harmless

1(general prime contractor) and its officers, directors, agents, and any others whom
2(general prime contractor) is required to indemnify under its contract with the
3department (Department of Administration or Board of Regents), and the employees
4of any of them, from and against claims, damages, fines, penalties, losses, and
5expenses, including but not limited to attorney fees, arising in any way out of or
6resulting from the performance of the work under this contract, but only to the extent
7such claim, damage, fine, penalty, loss, or expense: (1) is attributable to bodily injury,
8sickness, disease, or death, or to injury to or destruction of property, including but
9not limited to loss of use resulting therefrom and is caused by the negligence, or acts
10or omissions, of (mechanical, electrical, or plumbing subcontractor), its
11subcontractors, any of their employees, and anyone directly or indirectly employed
12by them or anyone for whose acts they may be liable, or (2) as related to such claims,
13damages, fines, penalties, losses, and expense of or against (general prime
14contractor), results from or arises out of the negligence of (general prime contractor)
15or other fault in providing general supervision or oversight of the work of
16(mechanical, electrical, or plumbing subcontractor) or (3) as related to claims,
17damages, fines, penalties, losses, and expense against the Department (Department
18of Administration or Board of Regents), arises out of the department's (department's
19or board's)
status as owner of the project or project site.
SB21-SSA1,62,1920 In addition (mechanical, electrical, or plumbing subcontractor) shall defend,
21indemnify, and hold harmless (general prime contractor) and its officers, directors,
22agents, and any others (general prime contractor) is required to indemnify under its
23contract with the department (Department of Administration or Board of Regents),
24and the employees of any of them, from any liability, including liability resulting
25from a violation of any applicable safe place act, that (general prime contractor) or

1the state incurs to any employee of (mechanical, electrical, or plumbing
2subcontractor) or any third party where the liability arises from a derivative claim
3from said employee, when the liability arises out of the failure of the (general prime
4contractor) or the state to properly supervise, inspect, or approve the work or work
5area of (mechanical, electrical, or plumbing subcontractor), but only to the extent
6that the liability arises out of the acts or omissions of (mechanical, electrical, or
7plumbing subcontractor), its employees, or anyone for whom (mechanical, electrical,
8or plumbing subcontractor) may be liable, or from (mechanical, electrical, or
9plumbing subcontractor's) breach of its contractual responsibilities or arises out of
10(general prime contractor's) negligence or other fault in providing general
11supervision or oversight of (mechanical, electrical, or plumbing subcontractor's)
12work or arises out of the Department (Department of Administration's or Board of
13Regents')
status as owner of the project or project site. In claims against (general
14prime contractor) or the state by an employee of (mechanical, electrical, or plumbing
15subcontractor) or its subcontractors or anyone for whose acts (mechanical, electrical,
16or plumbing subcontractor) may be liable, the indemnification obligation of this
17paragraph is not limited by a limitation on amount or type of damage, compensation,
18or other benefits payable by or for the (mechanical, electrical, or plumbing
19subcontractor) or its subcontractors under workers' compensation act.
SB21-SSA1,63,320 Except as identified above, the obligations of (mechanical, electrical, or
21plumbing subcontractor) under this indemnification do not extend to the liability of
22(general prime contractor) and its agents or employees arising out of (1) preparation
23or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or
24specifications; (2) the giving of or failure to give directions or instructions by the
25(general prime contractor) or the Department (Department of Administration or

1Board of Regents)
or their agents or employees provided the giving or failure to give
2is the cause of the injury or damage; or (3) the acts or omissions of other
3subcontractors.
SB21-SSA1,63,6 4Retainage. Retainage shall occur and be in amounts and on a schedule equal
5to that in the contract between (general prime contractor) and the Department
6(Department of Administration or Board of Regents).
SB21-SSA1,374u 7Section 374u. 16.855 (14m) (c) 2. of the statutes is amended to read:
SB21-SSA1,63,108 16.855 (14m) (c) 2. The prohibition under subd. 1. does not apply to change
9orders by the department or the Board of Regents that result in changes to the plans
10or specifications or to back charges allowed by the contract under sub. (13).
SB21-SSA1,374y 11Section 374y. 16.855 (19) (b) of the statutes is amended to read:
SB21-SSA1,64,312 16.855 (19) (b) As the work progresses under any subcontract under sub. (14)
13(e) for construction of a project, the general prime contractor shall, upon request of
14a subcontractor, pay to the subcontractor an amount equal to the proportionate value
15of the subcontractor's work properly completed, less retainage. The retainage shall
16be an amount equal to not more than 5 percent of the subcontractor's work completed
17until 50 percent of the subcontractor's work has been completed. At 50 percent
18completion, no additional amounts may be retained, and partial payments shall be
19made in full to the subcontractor unless the department or the Board of Regents
20certifies that the subcontractor's work is not proceeding satisfactorily. At 50 percent
21completion or any time thereafter when the progress of the subcontractor's work is
22not satisfactory, additional amounts may be retained but the total retainage may not
23be more than 10 percent of the value of the work completed. Upon substantial
24completion of the subcontractor's work, any amount retained shall be paid to the
25subcontractor, less the value of any required corrective work or uncompleted work.

1All payments the general prime contractor makes under this paragraph shall be
2within 7 calendar days after the date on which the general prime contractor receives
3payment from the department or board.
SB21-SSA1,375m 4Section 375m. 16.855 (20) of the statutes is amended to read:
SB21-SSA1,64,105 16.855 (20) This section does not apply to construction work performed by
6University of Wisconsin System students when the construction work performed is
7a part of a curriculum and where the work is course-related for the student involved.
8Prior approval of the building commission must be obtained for all construction
9projects to be performed by University of Wisconsin System students, except projects
10specified in s. 13.48 (10) (c) and (e).
SB21-SSA1,378g 11Section 378g. 16.855 (22) of the statutes is amended to read:
SB21-SSA1,64,2112 16.855 (22) The provisions of this section, except sub. (10m), do not apply to
13construction work for any project that does not require the prior approval of the
14building commission under s. 13.48 (10) (a) if the project is constructed in accordance
15with policies and procedures prescribed by the building commission under s. 13.48
16(29). If the estimated construction cost of any project, other than a project
17constructed by or for the University of Wisconsin System that is exempted under sub.
18(23)
(12m) or (24), is at least $50,000, and the building commission elects to utilize
19the procedures prescribed under s. 13.48 (29) to construct the project, the
20department shall provide adequate public notice of the project and the procedures
21to be utilized to construct the project on a publicly accessible computer site.
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