16.72 Purchasing, duties.
(1) The department of administration shall check or have checked, as to quantity and quality, the delivery to agencies of all purchases made under s. 16.71.
(2)
(a) The department shall prepare standard specifications, as far as possible, for all state purchases. By “standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common.
(b) Except as provided in ss. 16.25 (4) (b), 16.751, and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such “nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or by its programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.
(c) To the extent possible, the department shall write specifications so as to permit the purchase of materials manufactured in the United States, as defined in s. 16.754 (1).
(e) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority and the Lower Fox River Remediation Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:
1. Paper and paper products.
2. Plastic and plastic products.
3. Glass and glass products.
4. Motor oil and lubricants.
5. Construction materials, including insulating materials.
6. Furnishings, including rugs, carpets and furniture.
7. Highway equipment, including signs, signposts, reflectors, guardrails, lane dividers and barricades.
(f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1), and each authority other than the University of Wisconsin Hospitals and Clinics Authority and the Lower Fox River Remediation Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 287.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.
(4)
(a) Except as provided in ss. 16.71 and 16.74 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.
(b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. Except as provided in s. 51.06 (6), in either case, the department shall deposit the net proceeds in the budget stabilization fund, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost, if the transfer is permitted by the agency having possession of the supplies, materials or equipment.
(4m) The department shall provide the department of revenue with a copy of each contract for a major procurement, as defined in s. 565.01 (4), for the department of revenue.
(5)
(a) In this subsection, “materials" has the meaning given in s. 16.754 (1) (c).
(b) The department and the historical society jointly shall promulgate rules identifying types of historically significant materials.
(c) Before an agency may dispose of surplus materials that are of a type identified in rules promulgated under par. (b), the agency shall provide an opportunity for the historical society to inspect and obtain historically significant surplus materials for its collections. The historical society may not be required to compensate an agency for releasing historically significant surplus materials to the historical society under this paragraph.
(8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, technical college districts, the board of regents of the University of Wisconsin System, and the University of Wisconsin-Madison.
(9) The department shall ensure that every agency includes on all stationery utilized by the agency for correspondence outside the agency at least one telephone number where the agency may be contacted, at least one facsimile transmission number for the agency, if the agency has such a number, and at least one electronic mail address for the agency, if the agency has such an address.
History: 1975 c. 41; 1977 c. 418; 1981 c. 20, 350; 1983 a. 92; 1983 a. 333 ss. 3c, 3g, 3n; 3w; 1985 a. 29 ss. 122g, 3200 (1); 1985 a. 332; 1987 a. 119, 292; 1989 a. 31, 335; 1991 a. 39, 269; 1995 a. 27, 227; 1997 a. 27, 212; 1999 a. 9, 32, 105; 2001 a. 16; 2003 a. 33, 320; 2005 a. 74; 2007 a. 20; 2011 a. 32; 2013 a. 20 ss. 91c, 92c, 2365m, 9448.
Computer programs may be sold as surplus provided the programs were not created for resale purposes. 59 Atty. Gen. 144.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 16 - Department of administration.
16.001 - Organization of department.
16.003 - Department of administration.
16.004 - Secretary, powers and duties.
16.005 - Bradley Center Sports and Entertainment Corporation.
16.006 - Treatment of classified employees.
16.008 - Payment of special charges for extraordinary police service to state facilities.
16.009 - Board on aging and long-term care.
16.03 - Interagency council on homelessness.
16.04 - Fleet management and maintenance.
16.045 - Gasohol, alternative fuels,
16.047 - Volkswagen settlement funds.
16.05 - Interstate agreements.
16.06 - American Indian assistance.
16.10 - Ratification of the midwest interstate low-level radioactive waste compact.
16.11 - Midwest interstate low-level radioactive waste compact.
16.12 - Violation of midwest interstate low-level radioactive waste compact.
16.15 - Resource recovery and recycling program.
16.18 - Management assistance grants to certain counties.
16.22 - National and community service.
16.25 - Service award program.
16.26 - Weatherization assistance.
16.27 - Low-income energy assistance.
16.28 - Office of business development.
16.283 - Disabled veteran-owned businesses.
16.285 - Woman-owned businesses; certification; database.
16.295 - Fund of funds investment program.
16.297 - Grants for local government expenditures; moral obligation pledge.
16.298 - Pay for success contracting.
16.302 - State housing strategy plan.
16.303 - Housing cost grants and loans.
16.305 - Grants to local housing organizations.
16.307 - Grants to alleviate homelessness.
16.308 - Grants for the provision of shelter for homeless individuals and families.
16.3085 - Homeless case management services grants.
16.309 - Community development block grant programs.
16.310 - Use of surplus state-owned real property.
16.314 - Employability plans for public housing residents.
16.315 - Federal housing assistance programs.
16.40 - Department of administration, duties, powers.
16.405 - Requests for issuance of operating notes.
16.41 - Agency and authority accounting; information; aid.
16.415 - Certification of payrolls.
16.417 - Dual employment or retention.
16.423 - Base budget review reports.
16.425 - Summary of tax exemption devices.
16.45 - Budget message to legislature.
16.46 - Biennial budget, contents.
16.461 - Biennial budget, summary of funds.
16.465 - Budget stabilization fund reallocations.
16.48 - Unemployment reserve financial statement.
16.50 - Departmental estimates.
16.505 - Position authorization.
16.51 - Department of administration; preauditing and accounting; additional duties and powers.
16.513 - Program and segregated revenue sufficiency.
16.515 - Supplementation of program revenue and program revenue-service appropriations.
16.517 - Adjustments of program revenue positions and funding levels.
16.518 - Transfers to the budget stabilization fund.
16.5185 - Transfers to the transportation fund.
16.519 - Fund transfers relating to tobacco settlement agreement.
16.525 - State aid recipients' accounting.
16.527 - Appropriation obligations.
16.528 - Interest on late payments.
16.5285 - Health insurer fee savings.
16.529 - Lapses and fund transfers relating to unfunded retirement liability debt service.
16.531 - Cash flow plan; report.
16.54 - Acceptance of federal funds.
16.544 - Federal aid disallowances.
16.545 - Federal aid management service.
16.548 - Federal-state relations office; report.
16.55 - Frauds and uncollectible shortages.
16.56 - Grain inspection funding.
16.58 - Services to units of local government.
16.60 - Services to nonprofit corporations.
16.61 - Records of state offices and other public records.
16.611 - State public records; optical disc and electronic storage.
16.612 - Local government records; optical disc and electronic storage standards.
16.62 - Records management service.
16.63 - Sale of state's rights to tobacco settlement agreement payments.
16.643 - Support accounts for persons with disabilities.
16.70 - Purchasing; definitions.
16.701 - Subscription service and procurement system.
16.705 - Contractual services.
16.73 - Cooperative purchasing.
16.74 - Legislative and judicial branch purchasing.
16.75 - Buy on low bid, exceptions.
16.751 - Information technology purchases by investment board.
16.752 - Procurement from work centers for severely handicapped individuals.
16.754 - Preference for American-made materials.
16.755 - Council on small business, veteran-owned business and minority business opportunities.
16.76 - Form of contracts; continuing contracts.
16.765 - Nondiscriminatory contracts.
16.77 - Audit of bills; illegal contracts; actions to recover.
16.78 - Purchases from department relating to information technology or telecommunications.
16.79 - Duties of department of administration.
16.82 - Powers of department of administration.
16.83 - State capitol and executive residence board.
16.835 - Offices and rooms in capitol.
16.838 - Historically significant furnishings.
16.839 - State facilities named.
16.84 - Real estate and physical plant management; protection of persons.
16.842 - State capitol view preservation.
16.843 - Capitol and state office buildings parking regulations.
16.844 - Burning bituminous coal near capitol.
16.845 - Use of state facilities.
16.846 - Rules relating to use, care and preservation of property under department control.
16.847 - Energy efficiency program.
16.848 - Sale or lease of state property or facilities.
16.849 - Facility design services for state agencies.
16.85 - Department of administration; powers, duties.
16.851 - Plans for state buildings, structures or facilities.
16.8511 - Secretary of administration; powers, duties.
16.854 - Services provided to professional baseball park districts.
16.855 - Construction project contracts.
16.858 - Energy conservation audits and construction projects.
16.865 - Department of administration; statewide risk management coordination.
16.867 - Selection of architects and engineers.
16.87 - Approval of contracts by secretary and governor; audit.
16.88 - Charges against projects.
16.89 - Construction and services controlled by this chapter.
16.891 - Reports on cost of occupancy of state facilities.
16.895 - State-owned or operated heating, cooling or power plants.
16.897 - Space and water heating systems.
16.90 - Fuel for state heating, cooling or power plants.
16.92 - Purchase of fuel, electricity, heat and chilled water.
16.93 - Sale of fuel or utility service.
16.953 - Energy cost reduction plans.
16.956 - Diesel truck idling reduction grants.
16.957 - Low-income assistance.
16.958 - Air quality improvement program.
16.965 - Planning grants to local governmental units.
16.9651 - Transportation planning grants to local governmental units.
16.966 - Geographic information systems.
16.967 - Land information program.
16.968 - Groundwater survey and analysis.
16.9685 - Clean water clearinghouse.
16.969 - Fees for certain high-voltage transmission lines.
16.971 - Responsibilities of department.
16.972 - Powers of the department.
16.973 - Duties of the department.
16.974 - Powers of the department.
16.975 - Access to information.
16.976 - Strategic plans for executive branch agencies.
16.977 - Information technology portfolio management.
16.979 - Telecommunications operations and planning.
16.98 - Federal resource acquisition.
16.981 - Transfer of appropriations.
16.993 - Technology for educational achievement in Wisconsin; departmental duties.
16.9945 - Information technology block grants.
16.995 - Educational technology infrastructure financial assistance.