Revised September 10, 2020
General Organization of the State, Except the Judiciary
Chapter 16: Department of administration.
Subchapter IV: Purchasing
Section 16.75: Buy on low bid, exceptions.
2. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under s. 16.74 shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.
Subchapter V: Engineering
Section 16.855: Construction project contracts.
(1r) If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.
Wisconsin Administrative Code
Department of Administration (ADM)
Chapter Adm 8: Bidding Process and Exceptions to Bidding
Adm 8.03: Basis for awards as a result of bidding.
(1) Lowest responsible bidder. The award of a contract for a procurement shall be made to the lowest responsible bidder, taking into account qualified bids from sheltered workshops, small businesses, and minority businesses.
(2) Rejection of bids. Any, and all, bids may be rejected. The reason for rejection shall be documented and made a part of the bid file.
(3) Discounts for early payment. Discounts for early payment may be taken into account in making awards only when all other conditions are equal.
(4) Tied bids. In the case of tie bids, an award shall be made to Wisconsin suppliers, in preference to out-of-state suppliers, as provided in s. 16.75(1)(a), Stats. If the tie is between 2 Wisconsin bidders or 2 non-Wisconsin bidders, the successful bidder shall be selected by chance as determined by a witnessed and documented drawing of names or its equivalent.