SB 280

This bill directs expenditure of $217,499 from the general fund in payment of

a claim against the Department of Administration (DOA) by J & L Steel and

Electrical Services. The claimant installed a visual nurse call system at a skilled

nursing facility located at the Wisconsin Veterans Home at Chippewa Falls in 2011.

The bid specifications called for a Rauland Responder 4000 or approved equal

system. The bid's general conditions required that substitutions be submitted to

DOA for approval at least ten days prior to the bidding deadline but did not require

pre-bidding submission of approved equals to the Rauland system. DOA declined

to approve the system upon which the claimant based its bid. DOA asserts that the

bid specifications require that substitutions to specifications be submitted to the

project engineer at least ten days prior to bidding and the claimant did not comply

with the specifications. The claimant asserts that DOA used a sole-source

procurement process without obtaining the proper approval for its use as required

by law. The claimant claimed $217,499, representing increased bidding costs,

witness fees, and attorney fees incurred resulting from DOA's incorrect

interpretation of the bid specifications. The claims board denied this claim on June

19, 2013 (see

Senate Journal

, p. 302).