Oct. 4, 2023 – Defining a contract can be an elusive thing. But contracts that government entities form have a reputation for strict rules and processes.
This article provides an overview of research sources on the formation of public contracts.
Before You Begin
State and local governments in Wisconsin can enter into contracts for public works projects, goods, or other services.
Like other contract law, researching public contracts is a big task. Before you get started, it’s helpful to identify the type of work and the level of government involved. For certain public projects, additional funding sources – like state and federal funds combined – can require knowledge of procedures from multiple levels of government.
The Wisconsin Department of Administration (DOA) is an excellent source for learning about state procurement laws and procedures. DOA has authority to contract for goods and services for Wisconsin agencies. The
Vendor’s Guide to doing business in Wisconsin and the
State Procurement Manual answer several questions about state procurement procedures and contract awards.
The judicial and legislative branches have their own contracting requirements. Counties and municipalities may also have ordinances and procedures for bids and public contracts.
Finding the Law
Thorough researchers will need to become familiar with Wisconsin statutes and regulations, as well as constitutional provisions, local ordinances, and agency policies for government contracts. The complete list is too long to include here.
Instead, use these research techniques and tools to pinpoint what you need.
The term “public contract” for public works projects is defined for towns in
Wis. Stat. section 60.47, and general municipalities in
Wis. Stat. section 66.0901.
However, laws on public contracts like leases, loans, and more, can be found in several sections of the
Wisconsin statutes and
Wisconsin Administrative Code.
Using the indexes for each of these is a valuable way to jump to the sections you want to research. Search the index for terms like “bids,” “construction,” or “purchasing” to quickly find relevant laws under term lists like “bids and bidding” or “public works construction contracts.”
Find a summary of the law in a helpful book. These books can be checked out from the Wisconsin State Law Library.
Library cards are free for attorneys licensed to practice in Wisconsin.
Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes, and Procedures, edited by Melissa Javon Copeland. (Third edition, American Bar Association, 2022). This guide summarizes government purchasing regulations and procedures for all fifty states. Wisconsin’s chapter includes six pages of statutory and code references, as well as a discussion of case law and how Wisconsin adapts the ABA’s Model Procurement Code.
Handbook for Wisconsin municipal officials (League of Wisconsin Municipalities, 2017). In addition to a section on local officials’ private interests in a public contract, this book includes a chapter on public contracts, including construction contracts, and the bidding process. Learn about prohibited contracts, and contracting authority.
Wisconsin town officer’s handbook, by James H. Schneider. (Third edition, Wisconsin Towns Association, 2017). Get brief overviews of bidding procedures, contract awards, and ethical considerations for local officials.
Contract Law in Wisconsin, by Jeffrey B. Bartell, et. al. (Fifth edition, State Bar of Wisconsin, 2022-23 supplement). Learn about general contract formation in Wisconsin, with some discussion of public contracts interwoven as examples and elaboration.
McQuillin’s The law of municipal corporations (Third edition revised, Thomson Reuters, 2023 update). Read about general contracting including how contracts are created, the competitive bid process, implied contracts, breach of contract, and more.
Contracts from existing agreements can be found in
VendorNet’s contract search. To find sample contracts and clauses,
look in general form books, like
Nichols cyclopedia of legal forms or
Warren’s forms of agreements.
Bids and Bidding
The competitive bidding process is what many people envision when they think about government contracts. Researchers may want to find bids to look for potential contract opportunities. However, other procurement procedures may be followed, including requests for proposals, sole source supplier awards, and emergency actions.
Governmental units may post official notices for bids online or in another approved place.
VendorNet, operated by DOA, is the state database for bids and contracts. Several municipalities operate open bid pages on their local government website.
Wis. Stat. chapter 985 “Publication of legal notices; public newspapers; fees” is helpful for reference.
The League of Wisconsin Municipalities includes frequently asked questions on their website about
contracts and competitive bidding. Bids can be useful sources of industry and business information, though some information cannot be disclosed to the public.
The
Handbook for Wisconsin municipal officials includes a lengthy section on the bidding process, with notes about mandatory and optional steps to follow.
Public Records
Relevant records produced or maintained by independent contractors employed by a government entity may be generally in the scope of Wisconsin’s public records law. (Wis. Stat. section 19.35 Contractor’s Records).
The State Bar of Wisconsin’s PINNACLE book,
The Wisconsin Public Records and Open Meetings Handbook, includes a chapter on contractor’s records, trade secrets, copyright, and documentation found in bids, including what may be covered and exceptions under the law.
The
Wisconsin Public Records Law Compliance Guide from the Wisconsin Department of Justice also discusses contractor’s records.
Decision Research
Issues about public contracts and bid protests may be heard through administrative processes, all the way through judicial review. Problems may be reviewed during the bidding process or after a contract is awarded.
There is no single, comprehensive source to search decisions about public contracts. The
State of Wisconsin Claims Board hears money claims against State of Wisconsin agencies, and includes some
decisions on their website.
Wisconsin Attorney General Opinions offer further interpretation of the law.
Court decisions can be rich sources for analysis of public bidding and contracting. Find a limited selection of circuit court decisions in subscription databases, or search for Wisconsin appellate decisions in Fastcase. State Bar members have
access to Fastcase as part of their membership.
Legal research databases may have dedicated government contract collections, such as Westlaw’s “Government Contracts” center, which includes selected case law, sources of the law, administrative decisions, forms, and secondary sources.
Where to Find Out More
There are several published and online sources for federal procurement law, with analysis that may be useful for the state or local researcher. For a quick overview and a helpful glossary, read
Government contracts in a nutshell (West Nutshell Series, 2011).
Ask a librarian for help! We are trained to assist patrons with finding and using the best resources for them and their unique legal research topics. Law librarians are available at these Wisconsin libraries:
