Section Adm 21.09 - Award of contracts(1) The department will award contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project and such amount does not exceed the available funds authorized for the project. Final determination as to which bidders are the lowest qualified responsible bidders is vested with the department.(2) In cases where the bidding documents provide a formula for evaluation analysis in conjunction with the base bid or alternate bid(s), the department will award to the lowest qualified responsible bidder(s) whose bid(s) produce the lowest bid when combined with the dollar value derived from the formula for converting evaluation factors. (See s. Adm 21.02 (8) (a).)(3) Factors which may be the subject of evaluation include, but are not limited to the following: (a) Low net annual operating cost.(b) Low unit cost of capacity.(c) Highest performance per unit or cost.(d) Annual maintenance and service costs.(4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department may negotiate deductive changes in the lowest qualified bid for each contract to bring the bids within funding limits.(5) The department may consider any unsolicited material accompanying the bid of the lowest qualified responsible bidder only after contracts have been awarded on the basis of the information contained in the bid form. Such consideration may be given to unsolicited material only if it is in the best interest of the state to do so, and does not warrant rejection due to any of the conditions stated in s. Adm 21.08 (1) (e).(6) Award of a contract will not be finalized until the required performance payment bond and certificate of insurance have been received and approved by the department.(7) Any contractor or subcontractor who enters into a contract on a state construction project shall assume an obligation to take whatever affirmative action is necessary to assure equal employment opportunity in all aspects of employment, irrespective of age, race, religion, color, disability, sex, physical condition, developmental disability as defined in s. 51.01(5), Stats., or national origin. It is expected that all contractors and subcontractors will carry out that part of their contract pertaining to equal employment opportunity and affirmative action with the same amount of thought and diligence as with any other part of the contract.Wis. Admin. Code Department of Administration § Adm 21.09
Cr. Register, March, 1979, No. 279, eff. 4-1-79; am. (6) and (7), Register, October, 1983, No. 334, eff. 11-1-83; CR 05-069: am. (4) Register May 2006 No. 605, eff. 6-1-06; CR 08-025: am. (1), (2), (4), (5) and (6) Register August 2010 No. 656, eff. 9-1-10.Amended by, CR 21-110: am. (7) Register June 2022 No. 798, eff. 7/1/2022See Adm 21.02 (8) (c) 5. and 21.08 (1) (f).