Wisconsin Administrative Code
Technical College System Board
Chapter TCS 6 - General district policies
Section TCS 6.05 - Procurement
Universal Citation: WI Admin Code ยง TCS 6.05
Current through February 26, 2024
(1) DEFINITIONS. In this section:
(a) "Business" means any corporation,
partnership, individual, sole proprietorship, joint stock company, joint
venture, or any other private legal entity.
(b) "Contract" means all types of agreements,
regardless of what they may be called, for the procurement or disposal of
supplies, services, equipment, or construction.
(c) "Contractor" means any person having a
contract with the district.
(d)
"Employee" means an individual who draws a salary or wages from the district,
and any noncompensated individual performing services for the
district.
(e) "Governmental unit"
means the state, any county, town, city, village, or other political
subdivision or any combination thereof, or any department, division, board or
other agency of any of the foregoing.
(f) "Person" means any business, individual,
union committee, club, other organization, or group of individuals.
(g) "Public construction" includes all labor
and materials used in the framing or assembling of component parts in the
erection, installation, enlargement, alteration, repair, conversion, razing,
demolition or removal of any fixed equipment, building or facility.
(h) "Procurement" means buying, purchasing,
renting, leasing, or otherwise acquiring any supplies, services, equipment or
construction, and includes any other activity pertaining to obtaining supplies,
services, equipment or construction.
(i) "Service" means the furnishing of labor,
time, or effort by a contractor, not involving the delivery of a specific end
product other than reports which are merely incidental to the required
performance. This term shall not include employment agreements or collective
bargaining agreements.
(2) POLICIES AND PROCEDURES. Each district board shall adopt procurement policies and procedures that, at a minimum do all of the following:
(a)
Delegation. Identify those employees, by functional title, who
are responsible for administering the district's procurement policy.
(b)
Code of conduct.
Establish a procurement code of conduct that shall, except as provided under s.
946.13, Stats., prohibit any
employee involved in procurement from having a financial interest in any
procurement, and prohibit any employee involved in procurement from receiving
any gratuity or other financial gain from any contractor.
(c)
Competitive bids.
Require that all procurements where the total cost exceeds $50,000 and public
construction under ss.
38.18 and
62.15(1), (11), and
(14), Stats., where the total cost exceeds
$25,000 be accomplished through the use of competitive bids except as provided
by pars. (d), (e), and (i).
(d)
Sole source procurement. Provide for sole source procurement
where the district board determines that there is only one source for the
required supply, service, equipment or construction item; where the required
supply, service, equipment or construction item is to be purchased from another
governmental body; or where cooperative purchasing under s.
16.73, Stats., is utilized or a
cooperative purchasing association is recognized by the state director that has
a competitive purchasing process that is substantially equivalent to the
minimum requirements set forth in this section. The district board may delegate
the power for authorizing sole source procurement to the district director who
may with the approval of the district board redelegate this responsibility to
other employees of the district.
(e)
Competitive selection.
Provide for competitive selection procedures in lieu of competitive bids for
procuring the services of accountants, physicians, lawyers, dentists, and other
providers of services where the district board determines that competitive
selection in lieu of competitive bids is in the best interest of the
district.
(f)
Solicitation
of written quotes. Except as provided under pars. (d), (e), and (i),
require that all procurements where the total cost equals or exceeds $25,000
and does not exceed $50,000 be accomplished through the solicitation of written
quotations from a minimum of 3 contractors or proposed contractors.
(g)
Procurements less than
$25,000. Establish a procedure for all procurements where the total
cost is less than $25,000.
(h)
Annual review. Require an annual review, based on a report
that aggregates multiple purchases of similar goods, supplies, and services of
all procurements made under pars. (f) and (g), to determine if a more
competitive procurement process should be used in succeeding years. The
district board shall take formal action on this report and such action shall be
reflected in the district board's proceedings.
(i)
Emergency procurement.
Establish a procedure for emergency procurements where there exists a threat to
the continued operation of the district or to the health, safety or welfare of
students, employees or residents of the district. Emergency procurements shall
be evidenced by a written determination of the basis of the emergency and of
the selection of a particular contractor.
(j)
Records required.
Require that records be created and retained for all procurements where the
total cost equals or exceeds $25,000. These records shall include:
1. The rationale for the method of
procurement.
2. The rationale for
selection or rejection of any contractor or proposed contractor.
3. The basis for cost or price.
(k)
Audits.
Establish a procedure for audit and oversight of all procurements.
(L)
Disclosure of evaluation
criteria. Require that evaluation criteria related to bids and
competitive selection procedures be disclosed in the specifications provided to
prospective vendors.
(m)
Adherence to federal regulations. Require that all federally
funded procurements be made according to the appropriate federal
regulations.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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