16.75(2)(2)
16.75(2)(a)(a) When the department of administration believes that it is to the best interests of the state to purchase certain patented or proprietary articles, other than printing and stationery, it may purchase said articles without the usual statutory procedure but all equipment shall be purchased from the lowest and best bidder as determined by the bids and a comparison of any detailed specifications submitted with the bids, and after due notice, whenever notice is required under this section. Where the low bid or bids are rejected, a complete written record shall be compiled and filed, giving the reasons in full for such action.
16.75(2)(b)(b) When the department determines that utility services are available only from a sole source as a result of regulation or of a natural monopoly, these services may be obtained without compliance with the usual procedure under this section.
16.75(2g)(2g)
16.75(2g)(a)(a) The purchasing authority under s. 16.71 (2) may make purchases for products of and goods for resale by prison industries, other than purchases of printing or stationery, without inviting bids and without accepting the lowest responsible bid.
16.75(2g)(b)(b) The purchasing authority shall notify the governor prior to any purchase under par. (a) which exceeds $15,000. The governor has 72 hours, excluding Saturday, Sunday or a legal holiday, in which to veto any such purchase.
16.75(2g)(c)(c) No notice is required for purchases by prison industries under this subsection. All other purchasing rules and procedures apply to prison industries purchases.
16.75(2m)(2m)
16.75(2m)(a)(a) Except as otherwise required by law, if the secretary or his or her designee determines that the use of competitive sealed bidding is not practicable or not advantageous to this state, the department may solicit competitive sealed proposals. Each request for competitive sealed proposals shall state the relative importance of price and other evaluation factors.
16.75(2m)(b)(b)
16.75(2m)(b)1.1. Except as provided in subd. 2., when the estimated cost exceeds $25,000, the department may invite competitive sealed proposals.
16.75(2m)(b)2.2. Competitive sealed proposals are not required if the estimated cost does not exceed $50,000.
16.75(2m)(b)3.3. If competitive sealed proposals are invited, the department shall publish a class 2 notice under ch. 985 or post notice on the Internet at a site determined or approved by the department. The notice shall describe the materials, supplies, equipment, or contractual services to be purchased, the intent to make the procurement by solicitation of proposals rather than by solicitation of bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.
16.75(2m)(c)(c) When the estimated cost is $25,000 or less, the department may award the order or contract in accordance with simplified procedures established by the department for such transactions.
16.75(2m)(d)(d) For purposes of clarification, the department may discuss the requirements of the proposed order or contract with any person who submits a proposal and shall permit any offerer to revise his or her proposal to ensure its responsiveness to those requirements.
16.75(2m)(e)(e) The department shall determine which proposals are reasonably apt to be awarded the order or contract and shall provide each offerer of such a proposal a fair and equal opportunity to discuss the proposal. The department may negotiate with each offerer in order to obtain terms that are advantageous to this state. Prior to the award of the order or contract, any offerer may revise his or her proposal. The department shall keep a written record of all meetings, conferences, oral presentations, discussions, negotiations and evaluations of proposals under this section.
16.75(2m)(f)(f) In opening, discussing and negotiating proposals, the department may not disclose any information that would reveal the terms of a competing proposal.
16.75(2m)(g)(g) After receiving each offerer’s best and final offer, the department shall determine which proposal is most advantageous and shall award the order or contract to the person who offered it. The department’s determination shall be based only on price and the other evaluation factors specified in the request for proposals. The department shall state in writing the reason for the award and shall place the statement in the contract file. This paragraph does not apply to procurements under s. 16.751.
16.75(2m)(h)(h) Following the award of the order or contract, the department shall prepare a register of all proposals.
16.75(2m)(i)(i) This subsection does not apply to the purchase of printing or stationery.
16.75(3)(3)The department may let contracts in excess of funds available. Except in the cases to which s. 18.10 (1) applies, any such contract shall state in substance that its continuance beyond the limits of funds already available is contingent upon appropriation of the necessary funds. Contracts may be for any term deemed to be in the best interests of the state but the terms and provisions for renewal or extension, if any, shall be incorporated in the bid specifications and the contract document.
16.75(3m)(3m)
16.75(3m)(a)(a) In this subsection:
16.75(3m)(a)1.1. “Disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).
16.75(3m)(a)2.2. “Disabled veteran-owned financial adviser” means a financial adviser certified by the department of administration under s. 16.283 (3).
16.75(3m)(a)3.3. “Disabled veteran-owned investment firm” means an investment firm certified by the department of administration under s. 16.283 (3).
16.75(3m)(a)4.4. “Minority business” means a business certified by the department of administration under s. 16.287 (2).
16.75(3m)(b)(b)
16.75(3m)(b)1.1. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that 5 percent of the total amount expended under this subchapter in each fiscal year is paid to minority businesses.