Wisconsin Code § 229.46

Certain contracting requirements
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(1) In this
section:
(ag) “Disabled veteran-owned business” means a business
certified by the department of administration under s. 16.283 (3).
(am) “Minority business” has the meaning given in s. 200.49
(1) (a).
(b) “Minority group member” has the meaning given in s.
16.287 (1) (f).
(c) “Women’s business” means a sole proprietorship, partnership, joint venture or corporation that is at least 51 percent
owned, controlled and actively managed by women.
(2) A person who is awarded a contract by a district shall
agree, as a condition to receiving the contract, that at least 25 percent of the employees hired because of the contract will be minority group members, at least 5 percent of the employees hired because of the contract will be women, and at least 1 percent of the
employees hired because of the contract will be employees of a
disabled veteran-owned business, if any of the following applies:
(a) The contract is for the construction of any part of an exposition center.
(b) The contract results in the hiring of individuals who will
work at the exposition center.
(3) At least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be
awarded to minority businesses, at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women’s businesses, and at least
1 percent of the aggregate dollar value of contracts awarded by
the district in the following areas shall be awarded to disabled veteran-owned businesses:
(a) Contracts for the construction of an exposition center.
(b) Contracts entered into by the district for the purchase of
services to be performed at the exposition center.
(c) Contracts for the underwriting of bonds.
(3m) It shall be a goal of a district, with regard to each of the
contracts described under sub. (3) (a) , (b) and (c), to award at
least 25 percent of the dollar value of such contracts to minority
businesses.
(4) This section applies only to an exposition center that is
being constructed under contracts that are funded by the proceeds
of a bond issue that is secured by a special debt service reserve
fund under s. 229.50.
(5) Before a district initially constructs an exposition center
or exposition center facilities, or enters into contracts for such initial construction, the district shall do all of the following:
(a) Adopt or revise a program statement that includes all of
the following:
1. An identification of the functions to be conducted in the
exposition center or exposition center facilities.
2. An estimate of the space requirements for the functions
described under subd. 1.
3. Minimum design requirements for the spaces described
under subd. 2.
4. Site development requirements for the exposition center
and exposition center facilities.
5. A maximum cost of the project.
(b) Prescribe criteria for the preparation of requests for proposals for the initial construction of the exposition center and exposition center facilities. The criteria shall include all of the
following:
1. The scope of responsibilities of the person or group of persons submitting the proposal.
2. The contractual relationships between a group of persons
submitting a proposal.
3. General architectural elements.
4. Electrical systems.
5. Mechanical systems.

6. Plumbing systems.
7. Structural elements.
(c) Solicit competitive sealed proposals for the design and initial construction of the exposition center and exposition center facilities. The panel described under sub. (6) shall evaluate the proposals using a 2-phase selection process. Under the first phase,
offerors shall submit information responding to the district’s request for proposals, including the experience and past performance of the offerors, a management plan, general concept design features and a price analysis. An offeror may be eliminated
from further consideration by the panel without discussion if any
minimum requirements of the request for proposal are not met.
The panel shall evaluate all first-phase proposals and select not
more than 3 offerors to submit 2nd-phase proposals. All 2ndphase proposals shall include all of the following:
1. Responses to any comments or questions by the panel relating to first phase submissions.
2. Refined initial design concepts, management plan and materials relating to experience and past performance.
3. A development schedule.
4. A guaranteed maximum price for the design and initial
construction of the exposition center and exposition center
facilities.
5. Detail of any fees, including all professional service and
development fees.
6. Evidence that is satisfactory to the panel of the offeror’s
ability to obtain bonds guaranteeing the offeror’s performance
and bonds guaranteeing the payment for labor and materials by
the offeror in amounts specified by the panel.
7. Any other information and materials requested by the
panel.
(d) Publish a class 2 notice under ch. 985 requesting the firstphase proposals described under par. (c). The advertisement
shall include the date by which the proposals must be submitted,
which shall be at least 7 days after the date of the last insertion of
the notice.
(e) Forward to the panel described under sub. (6), for its recommendations, all first-phase and 2nd-phase proposals received
under par. (c).
(6) (a) The district shall convene an evaluation panel to make
recommendations concerning the competitive sealed proposals
that the district solicits and receives under sub. (5). The panel
shall consist of the following members:
1. A representative appointed by the chief executive officer
of the city with the largest population within the district’s jurisdiction, as that term is used in s. 229.43.
2. Two representatives appointed by the secretary of administration, one of whom shall be a registered engineer and one of
whom shall be a registered architect.
3. A representative appointed by the district who has experience in the construction of major facilities.
4. The comptroller of the sponsoring municipality with the
largest population within the district’s jurisdiction, as that term is
used in s. 229.43, except that if the sponsoring municipality does
not have a comptroller the representative shall be the chief financial officer of the sponsoring municipality.
(b) The panel under par. (a) shall evaluate the proposals and
make its recommendations based on the adequacy of the responses to the information solicited in the district’s request for
proposals, including the following factors:
1. The guaranteed maximum price.
2. The qualifications of the persons submitting the bids or
proposals.
3. The time schedule contained in the proposals.
4. The design quality and suitability of the construction or
remodeling plans contained in the proposals.
(7) The district may retain the department of administration
or any other consultant to assist in the preparation of the program
statement required under sub. (5) (a), the criteria required under
sub. (5) (b) or the request for proposals required under sub. (5)
(c).

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