Chapter Adm 10

Adm 10.08 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (3) and (4) (intro.), Register, December, 1985, No. 360, eff. 1-1-86.

Adm 10.09 Adm 10.09 Noncompetitive negotiation. 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.

Adm 10.09 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.

Adm 10.10 Adm 10.10 Disclosure.

Adm 10.10(1) (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:

Adm 10.10(1)(a) (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;

Adm 10.10(1)(b) (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

Adm 10.10(1)(c) (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.

Adm 10.10(2) (2) If none of the above conditions exist, the bidder or proposer shall include, with any bid or proposal, a written statement to that effect.

Adm 10.10(3) (3) The contracting or procuring agency shall review the statement and prepare a written determination on whether or not the information disclosed under sub. (1) interferes with fair competition and whether or not, in spite of the information disclosed, the awarding of the contract to the bidder or proposer will be in the best interests of the state.

Adm 10.10(4) (4) The department shall review the determination by the contracting or procuring agency. If the department does not concur in that determination, the department shall not approve the contract.

Adm 10.10(5) (5) All contracts shall provide that if the bidder or proposer has failed to disclose any conditions described in sub. (1), the contract may be declared to be void by the department and any amounts paid under the contract may be recovered as provided in s. 16.77 (2), Stats.

Adm 10.10(6) (6) No disclosure under sub. (1) (c) is required if a) state or federal law prohibits the disclosure, or b) the relationship does not create a conflict of interest and loss of independence, or the disclosure is improper under standards of professional conduct adopted by, or administrative rules of, the state agency or agency of the judicial branch that is responsible for regulating or licensing the occupational group of which the bidder or proposer is a member.

Adm 10.10 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.

Adm 10.11 Adm 10.11 Purchase orders. 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.

Adm 10.11 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.

Adm 10.12 Adm 10.12 Contract administration. Every contract for services shall have a specific person designated as the contract administrator. Responsibilities of the contract administrator are as follows:

Adm 10.12(1) (1) Compliance. To determine whether the contractor is in compliance with the terms and conditions of the contract before any scheduled payment is made;

Adm 10.12(2) (2) Action. To take action in the event of any nondelivery or other breach of contract; and

Adm 10.12(3) (3) Evaluation. To file with the department, within 60 days of fulfillment of the contract, an evaluation of the contractor’s performance.

Adm 10.12 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.

Adm 10.13 Adm 10.13 Delegation of authority.

Adm 10.13(1) (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.

Adm 10.13(2) (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.

Adm 10.13 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.

Adm 10.14 Adm 10.14 Performance of contractors. 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.

Adm 10.14 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1993, No. 447.

Adm 10.15 Adm 10.15 Appeals.

Adm 10.15(1) (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.

Adm 10.15(2) (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.

Adm 10.15(3) (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.

Adm 10.15(4) (4) Notice of decision. A copy of the decision shall be mailed or otherwise furnished to the protestor.

Adm 10.15(5) (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.

Adm 10.15(6) (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.

Adm 10.15 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (1), (5) and (6), Register, December, 1985, No. 360, eff. 1-1-86.

Adm 10.16 Adm 10.16 Exceptions. 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.

Adm 10.16 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83.