§ 2-110. Competitive bidding.

(a)

Public works. Projects for public works governed by this section 2-110 include, without limitation, any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind, but shall not include any highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

(b)

Competitive bidding required. All projects for public works that are subject to Wis. Stat. § 59.52(29) shall be awarded pursuant to the procurement and bidding requirements of Wis. Stat. §§ 59.52(29) and 66.0901, as applicable and as amended from time to time, and in accordance with the policies and forms adopted by the director, and shall be let by the director as provided therein. The director shall endeavor to provide the most recent version of the applicable Wisconsin Statutes with the policies and forms developed pursuant to this subsection (b).

(c)

Competitive bidding not required by state law. Any projects for public works which are not required to be let to the lowest responsible bidder under Wis. Stat. § 59.52(29), or by any other applicable law, shall be let by the director in the following manner:

(1)

On the basis of sealed competitive bids, including such notice and procedural requirements as the director determines to be appropriate. The contract shall be awarded by the director, in consultation with the appropriate county department head or the department head's designee, to the lowest responsible bidder, unless the director determines such process is impractical or not advantageous to the county. The director may make such a determination when:

a.

It is impossible or impractical to draw specifications satisfactorily to permit competitive bidding.

b.

The material, supply, equipment, or service:

1.

Can be furnished from only one source.

2.

Constitutes special adaptation for a special purpose.

3.

Is of a technical or experimental nature.

4.

Requires creative or individual talents, scientific knowledge, special skills or training, artistic or professional skills.

5.

Can be obtained by a unique or opportune buying condition.

c.

An immediate procurement is necessary in an emergency situation.

d.

After unsuccessful competitive sealed bidding.

e.

In the director's discretion, when the director reasonably believes that such determination is in the best interests of the county.

(2)

Notwithstanding subparagraph (1) of this section, any project for public works, or any part thereof, may be performed directly by the county and county personnel without submitting the same for bids if the county board approves such method in accordance with Wis. Stat. § 59.52(29).

(d)

Contract form and execution. All formal contracts to be entered into by the director pursuant to this Section shall be made in the name of the county, executed by signature of the county executive, the director or, in the absence of the director, by the person designated by the county executive, and shall be approved as to content, form, substance, and execution by the office of the corporation counsel or such other counsel as may be retained by the county for such purpose.

( Res. of 12-18-18(1) )