Wisconsin Administrative Code

Adm 10.039 Effective date. The requirements of this rule apply to all contracts for which solicitation of interest date is after June 30, 2006.

Adm 10.04 Prior approval. (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 proced…

Adm 10.05 Justification. (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,…

Adm 10.06 Competitive bidding. 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. Note: For information on c…

Adm 10.07 Waivers. (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 altern…

Adm 10.08 Competitive negotiation. (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, a…

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, a…

Adm 10.10 Disclosure. (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 …

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…

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: (1) COMPLIANCE. To determine whether the contractor is in compliance with the terms…

Adm 10.13 Delegation of authority. (1) DEGREE OF 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 …

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 …

Adm 10.15 Appeals. (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…

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. History: Cr. Register, January, 1983, No. 325, eff. 2-1-83. the chapter…

Adm 11.01 Authority. Section 16.72 (4) (b), Stats., authorizes the department to provide rules for the declaration and disposition of surplus state property. History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Adm 11.02 Purpose. 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 provid…

Adm 11.03 Definitions. (1) XDepartmentY means the department of administration. (2) XState propertyY means all materials, supplies, equipment and other property of a state agency, regardless of value, except real property. History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Adm 11.04 Primary responsibility. (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 …

Adm 11.05 Declaration of surplus. (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 …

Adm 11.06 Methods of disposal. 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…

Adm 11.07 Proceeds from disposal. (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 be…

Adm 12.01 Authority. 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. History: Cr. Register, November, 2000, No. 539, eff. 5-1-01.

Adm 12.02 Purpose. The purpose of this chapter is to ensure that public records in electronic format are preserved and maintained and remain accessible for their designated retention period. History: Cr. Register, November, 2000, No. 539, eff. 5-1-01.

Adm 12.03 Scope. 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 a…

Adm 12.04 Definitions. In this chapter: (1) XAccessibleY 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) XAccurateY …

Adm 12.05 Provisions. 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 record…

Adm 12.06 Initial applicability. This rule first applies to public records stored exclusively in electronic format and to information systems acquired or substantially modified after the effective date of the rule. History: Cr. Register, November, 2000, No. 539, eff. 5-1-01. the …

Adm 2.01 Managing authority. The managing authority, as defined in s. 16.845 (2) (b), Stats., of the state office buildings and facilities shall be the department as provided in s. 16.84 (1), Stats. The department, when lessee, shall be the managing authority of properties leased…

Adm 2.02 Designation of state office buildings and facilities. (1) The following buildings and facilities are hereby designated as state office buildings and facilities for the purpose of use management under this chapter: (a) State capitol building. (b) State capitol park. (c) A…

Adm 2.03 Definitions. In this chapter: (1) XClosed buildingY means the building is not open to public access and access must be gained by key, access card, electronic means or by a representative of the department. (2) XCommercial enterpriseY includes any effort directed at perso…

Adm 2.04 Public meetings and events. (1) With the exception of areas in the state capitol building reserved for use by the legislature, the use of which shall be as determined by the legislature, the department, as managing authority of the state office buildings and facilities, …

Adm 2.05 Personal and commercial solicitation. (1) No person or organization may solicit contributions for charitable or nonprofit organizations within the state office buildings and facilities, upon the grounds thereof, or within state capitol park without express written approv…

Adm 2.06 Handbills and other literature. (1) No handbills, literature, promotional materials or devices which advertise, promote or identify a commercial enterprise may be distributed within or on the grounds of the state office buildings and facilities or on the grounds of state…

Adm 2.07 Exterior and interior displays and decorations. (1) FLAGS. The United States flag and the flag of the state of Wisconsin shall be the only flags flown, hung, or displayed from any state office building or facility, except as the governor may direct. (2) DISPLAYS AND DECO…

Adm 2.08 Introduction of equipment and hazards. (1) To provide a place of employment that is safe for employees and frequenters thereof, pursuant to s. 101.11, Stats., the department shall have the right to confiscate and dispose of any hazard to the life, health, safety or welfa…

Adm 2.09 Leasehold improvements. A tenant shall not make leasehold improvements nor introduce window treatments, floor coverings or private property in a building or facility managed or leased by the department without the express written approval of the managing authority. Lease…

Adm 2.10 Furniture and other furnishings. Furniture and other furnishings purchased from building project funds or department appropriations shall remain an asset of the building under the direction of the managing authority. When a tenant agency moves, it may take only those ite…

Adm 2.11 Confiscation of materials. Property confiscated by the department for violation of this chapter shall be stored by the managing authority until the owner provides proof of ownership, unless confiscated pursuant to s. Adm 2.08 (1). Property confiscated pursuant to this ch…

Adm 2.12 Concessions. (1) The establishment of concession stands and the granting of vending franchises in buildings and facilities managed or leased by the department rest with the business enterprise program for blind persons, division of vocational rehabilitation, department o…

Adm 2.13 Building use during closed periods. (1) The buildings and facilities managed or leased by the department shall be used by state employees for the purpose of state work. Employees, vendors on state contract, and the public who use the buildings and facilities after those …

Adm 2.14 Rules of conduct. (1) The following definitions shall apply under this section: (a) XAlcoholic beverageY has the meaning given in s. 125.02 (1), Stats. (b) XCannabisY means the resin extracted from any part of the plant Cannabis sativa L., or any other nonfibrous extract…

Adm 2.15 Access devices. (1) No person may, without written authorization from the department, duplicate keys, electronic building access cards, or other similar access devices to buildings or facilities managed or leased by the department. (2) Access devices in the possession of…

Adm 20.01 Authority. (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 duti…

Adm 20.02 Definitions. In this chapter: (1) XApprovalY means the written or electronic procedure for evaluation and acceptance. (2) XArchitect/engineerY means a member of the design profession, registered under ch. 443, Stats., and is meant to refer to either an architect or an e…

Adm 20.03 Convening of selection committee. (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 bui…

Adm 20.04 Selection procedures. (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 ar…

Adm 20.05 Selection by nomination. (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 q…

Adm 20.06 Selection by advertisement. (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.,…

Adm 20.07 Eligibility and qualification review. (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 architec…

Adm 20.08 Interview. (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 the…