§ 2-126. Public works purchases

(a) Definitions. As used in this section:

Equipment means any purchase of equipment including but not limited to radios, computers, office equipment and vehicles.

Public contract means any contract for the construction, execution, repair, remodeling or improvement of any public work, building or furnishing of supplies or material of any kind (Wis. Stats. § 59.52(29)).

Purchasing of supplies and services means the purchase of all goods and services including the contract for consulting, architectural and engineering services.

(b) Purchasing procedure and methods.

(1) Bidding required for certain contracts. All public work (as defined in subsection (a)(1) of this section), including any contract for construction, repair, remodeling, improvements, or the furnishing of supplies or materials, but specifically excluding the purchasing of equipment, goods or services (as defined in subsections (a)(2) and (3) of this section), where the estimated costs exceed $25,000.00, shall be let by contract to the lowest responsible bidder.

(2) Public notice of contracts. If the estimated cost for the public work (as defined in subsection (a)(1) of this section), will exceed $5,000.00, public notice (Class 1 notice under Wis. Stats. ch. 985) shall be given prior to such contract, or the county shall contract with a person qualified as a bidder under Wis. Stats. § 66.0901(2). The newspaper or trade magazine shall be selected to obtain the best advertising coverage and the widest notice at the most reasonable cost.

(3) Call for bids. The requirement for bids shall be by advertisement, which shall call for sealed bids to furnish the desired work, goods, supplies, materials, equipment or services in accordance with the specifications approved by the county attorney and county administrator. Specifications shall describe completely the items or supplies to be furnished, the department for which the same are required and the quantities desired.

(4) Acceptance of bids. The acceptance of bids shall be in accordance with Wis. Stats. §§ 59.08 and 66.0901, including but not limited to requiring bidder's proof of responsibility and a bid bond not to exceed five percent of the total cost of the work. Each committee or department may, before delivering any form of bid proposals, plans and specifications pertaining thereto to any person, require such person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths of financial ability, equipment, experience in the work prescribed in said public contract, and of such other matters as the committee may require for the protection and welfare of the public and in performance of any public contract. No bids shall be received from any person who has not submitted to the sworn statement as provided above.

(5) Rejection of bids. Whenever the department, after consultation with the county administrator and committee, is not satisfied with the sufficiency of the answer contained in the questionnaire and a financial statement, it may reject said bid or disregard the same. The overseeing committee or department, after consultation with the county administrator, reserves the right to reject any and all bids for any reason whatsoever.

(6) Correction of errors in bids. As provided in Wis. Stats. § 66.0901(5).

(7) Contract requirements. The expenditure of funds for public works, and the purchase of goods, supplies, materials, equipment or services, shall be made by written contract whenever possible. No contract for the purchase of public works, goods, supplies, materials, equipment or professional services shall be binding on the county unless funds have been appropriated by the county board, reviewed by legal counsel and the county administrator and signed by the county board chair.

(8) Emergency contracts. Where there is an emergency or other immediate need for services, a department or agency may negotiate a proposed contract without taking bids. The county administrator shall review the contract and approve it if it finds that there is an emergency or immediate need for the services. The provisions of this policy shall not apply to the purchase of repair parts or services which are needed for the emergency repair or maintenance of any machinery or equipment. The county administrator shall be notified as soon as practical of the need for these repairs or maintenance.

(9) Miscellaneous purchases. Materials, supplies, machinery and equipment offered for sale by the federal government or by any municipality may be purchased without bids, at prices to be agreed upon between the parties. Expert assistance for appraisal of such items may be employed at the discretion of the county and appropriate approval must be obtained.

(Ord. of 4-12-2004, § 2.03(F))