16.855(6)(6)Nothing contained in this section shall prevent the department from negotiating deductive changes in the lowest qualified bid.
16.855(7)(7)The department may issue contract change orders, if they are deemed to be in the best interests of the state.
16.855(9m)(9m)
16.855(9m)(ag)(ag) In this subsection, “bidder” includes a potential bidder.
16.855(9m)(ar)(ar)
16.855(9m)(ar)1.1. The department shall certify bidders as qualified bidders under par. (b) 1. and responsible bidders under par. (b) 2. and shall administer a registration process for all bidders submitting bids on any construction project under this section. The department shall issue, in a timely manner, a certification decision on a complete application for certification. A certification under this subdivision is valid for 2 years except the department may decertify a bidder if the department determines that the bidder no longer meets the qualifications under par. (b) and if the department follows a decertification process developed by rule that provides to the bidder notice, hearing, and a means to appeal.
16.855(9m)(ar)2.2. Notwithstanding sub. (1m) or (14) (d), the department may waive the condition of certification as a qualified bidder if the project is of such magnitude as to limit competition if the conditions under par. (b) 1. were required.
16.855(9m)(ar)3.3. The department shall consider for certification under par. (b) associations consisting of at least 2 contracting firms that are organized for the purpose of entering into a construction contract as a single entity if at least one of the contracting firms is qualified under par. (b) and if the assignment of, and provisions for the continuity of, the various responsibilities within the association are agreed upon before the contract is awarded.
16.855(9m)(b)(b)
16.855(9m)(b)1.1. To be certified as a qualified bidder, a bidder must meet all of the following conditions:
16.855(9m)(b)1.a.a. The bidder has completed at least one project that involved similar work to the work being bid and the project was at least 50 percent of the size or value of the division of the project being bid. If the department determines that more experience is necessary for a particular project, the department may include additional requirements in the specifications and certify bidders accordingly.
16.855(9m)(b)1.b.b. The bidder has access to all necessary equipment and the organizational capacity and technical competence necessary to perform the project work properly and expeditiously.
16.855(9m)(b)1.c.c. If the department so requires or the bidder will be considered unqualified, the bidder has submitted a sworn statement as to financial ability, equipment, and experience in construction and other information as may be necessary to determine the bidder’s competency.
16.855(9m)(b)2.2. To be certified as a responsible bidder, a bidder must meet all of the following conditions:
16.855(9m)(b)2.a.a. The bidder maintains a permanent place of business.
16.855(9m)(b)2.b.b. The bidder submits a sworn statement, upon the department’s request, that indicates that the bidder has adequate financial resources to complete the work being bid, taking into account any other work the bidder is currently under contract to complete.
16.855(9m)(b)2.c.c. The bidder is bondable for the term of the proposed contract and is able to obtain a 100 percent performance bond and a separate 100 percent payment bond.
16.855(9m)(b)2.d.d. The bidder has a record of satisfactorily completing projects. In determining this factor, the department shall consider if the bidder has completed all contracts in accordance with drawings and specifications; diligently pursued execution of the work and completed contracts according to the time schedule, taking account of extensions granted; fulfilled guarantee requirements of contracts; if the contract included an affirmative action program requirement, complied with the requirement; and, if the contract included a safety program requirement, complied with the requirement.
16.855(9m)(b)2.e.e. The bidder is not on an ineligible list that the department maintains under s. 16.705 (9) or 16.765 (9) or on a list that another agency maintains for persons who violated construction-related statutes or administrative rules.
16.855(9m)(b)2.f.f. The bidder has been in business for at least 12 months.
16.855(9m)(b)2.g.g. The bidder is a legal entity and authorized to do business in Wisconsin.
16.855(9m)(b)2.h.h. The bidder has performed at least one other public project for a government entity.
16.855(9m)(b)2.i.i. The bidder can provide information, upon request, to the department on the bidder’s ownership, management, and control.
16.855(9m)(b)2.j.j. In any jurisdiction, the bidder, in the previous 10 years, has not been debarred from any government contracts and has not been found to have committed tax avoidance or evasion.
16.855(9m)(b)2.k.k. In any jurisdiction, in the previous 10 years, the bidder has not been disciplined under a professional license.
16.855(9m)(b)2.L.L. In any jurisdiction, none of the bidder’s employees and no member of the bidder’s organization has been disciplined under a professional license that is currently in use.
16.855(10)(10)When the department believes that it is in the best interests of the state to contract for certain articles or materials available from only one source, it may contract for said articles or materials without the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.
16.855(10m)(10m)
16.855(10m)(ac)(ac) In this subsection, “disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).