AB 432

Current law generally authorizes state agencies to purchase materials,

supplies, or equipment under certain circumstances. With some exceptions,

purchases for which the estimated cost exceeds $50,000 require bids to be invited or

proposals to be solicited and the order must be awarded to the lowest responsible

bidder or most competitive sealed proposal. In determining the lowest responsible

bidder the agency must consider the location of the agency, the quantities of the

articles to be supplied, the conformity of the bids with the specifications in the

invitation to bid, and the purpose for which the materials, supplies, or equipment are

required and the delivery date. In determining the most competitive sealed proposal,

the agency must consider factors outlined in the solicitation for competitive sealed

proposals.

This bill creates several exceptions to these provisions if the Board of Regents

of the University of Wisconsin System (board) is purchasing food. First, when the

board is considering bids or proposals for the purchase of food, factors other than

price may not comprise more than 25 percent of the total factors used to determine

the lowest bid or most competitive proposal. In addition, under this bill, if the food

is produced within a 100-mile radius of the site to which the food will be delivered,

the board may purchase that food without inviting bids or soliciting proposals if the

estimated cost does not exceed $100,000. Finally, this bill creates an exception to the

requirement to award to the lowest responsible bidder or most competitive sealed

proposal by allowing the board to give the award to a person who submits a bid or

proposal that is no more than 20 percent higher than the apparent low bid or than

the most competitive proposal if the food was produced within a 100-mile radius of

the site to which the food will be delivered.