Wisconsin

Key Agency(ies):

• The Department of Administration (DOA) has general authority to contract for goods and services on behalf of all state agencies. This authority may be delegated to other agencies, except for information technology and telecommunications contracts, which must be approved by DOA.

Key Statute:

• The General State Procurement law for Wisconsin is Wis. Stat. § 16.70 et seq.
• Bid protests and administrative review can be found under Wis. Stat. § 227.01 et seq.; id. § 68.001 et seq.
• Link

Key Regulations:

• The Wisconsin Administrative Code has General Procurement regulations under Adm Ch. 5,6, 7, 8, 9, 10, 20, 21, 24, and 50.
• Link

Procurement Types/Highlights:

• Competitive Bidding
• Simplified Bidding
• Competitive Negotiation
• Sole Source
• Emergency Procurement

Bid Protests:

Regs Governing Bid Protests:

• Wis. Admin. Code § 10.15

Eligible Protesters:

• Any bidder or proposer aggrieved by a solicitation or intent to award.

Timeliness Rules:

• Notice of intent to protest must be filed within five working days after issuance of solicitation or intent to award.
• Written protest must be served within 10 working days after issuance of intent to award.

Protest Process:

• Once the notice of intent to protest has been filed and the written protest has been served on the head of the procuring agency, the head of the procuring agency (or a designee) has the authority to settle and resolve the protest.
• If the protest is not resolved by mutual agreement, then the head of the procuring agency (or his designee) will issue a written decision to the protest.

Appeals:

• The protester may appeal the agency decision to the DOA secretary within five working days of the decision, alleging a violation of statute or code.
• The Secretary (or a designee) must take action and issue a written decision.
• Petition for rehearing may be filed within 20 days after service of the order.
• Proceedings stay the solicitation/award until a final decision is made, unless the Secretary determines award is necessary to protect a substantial state interest.

Claims: 

• Contractors must first file an administrative claim with the Wisconsin Claims Board. The Board will investigate, hold hearings, and make recommendations to the legislature for payment.
• Claims for breach of contract must be for fixed, ascertainable monetary sums. Equitable remedies like specific performance or unjust enrichment are barred by sovereign immunity.
• If the Claims Board denies or does not pay the claim, the contractor may appeal to the judiciary by filing a bond and commencing an action in circuit court.

Suspension & Debarment:

• Agencies may debar contractors for fraud, collusion, statutory violations, failure to perform, etc.
• The debarment procedure is intentionally informal, and hearings are reserved only for matters that can be contested – which does not include criminal convictions.
• The agency’s rule may provide the opportunity and procedure for administrative appeal.
• The period for debarment is commensurate with the seriousness of the cause, but generally cannot exceed three years.
• Less serious punishments of suspension are generally limited to six months
• Agencies maintain lists of debarred and suspended contractors.

Interesting/Distinctions: 

• Wisconsin has a preference for American-made and Wisconsin-domiciled vendors when all else is equal.

Wisconsin has strong public record and open meetings laws that apply to procurements within the state.