(1) DEFINITIONS. In this section:
(ag) “Highway” means a public way or thoroughfare, including any bridges on the public way or thoroughfare.
(am) “Public contract” means a contract for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of materials or supplies.
(as) “Public highway contract” means a contract for the construction, execution, repair, remodeling, or improvement of a highway.
(b) “Responsible bidder” means a person who, in the judgment of the town board, is financially responsible and has the capacity and competence to faithfully and responsibly comply with the terms of the public contract.
(2) NOTICE; ADVERTISEMENT FOR BIDS. Except as provided in subs.
(4) and (5):
(a) No town may enter into a public contract with an estimated cost of more than the notice threshold under sub.
(2s)
(b) but not more than the bidding threshold under sub.
(2s)
(a) unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.
(b) No town may enter into a public contract with a value of more than the bidding threshold under sub.
(2s)
(a) unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.
(2m) PUBLIC HIGHWAY CONTRACTS. Notwithstanding sub. (2), and except as provided in subs.
(4) and (5), no town may enter into a public highway contract with an estimated cost of more than the notice threshold under sub.
(2s)
(d) but not more than the bidding threshold under sub.
(2s)
(c) unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch. 985 before execution of that public highway contract. Notwithstanding sub. (2), and except as provided in subs.
(4) and (5), no town may enter into a public highway contract with a value of more than the bidding threshold under sub.
(2s)
(c) unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public highway contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.
(2s) THRESHOLD AMOUNTS. Beginning on April 5, 2026, the thresholds under subs.
(2) and (2m) are the following:
(a) For general public contract bidding, $50,000.
(b) For general public contract notice, $10,000.
(c) For public highway contract bidding, $25,000.
(d) For public highway contract notice, $5,000.
(3) CONTRACTS TO LOWEST RESPONSIBLE BIDDER. The town board shall let a public contract or public highway contract, for which advertising for proposals is required under sub.
(2)
(b) or (2m) to the lowest responsible bidder. Section 66.0901 applies to public contracts or public highway contracts let under subs.
(2)
(b) and (2m).
(4) CONTRACTS WITH GOVERNMENTAL ENTITIES. This section does not apply to public contracts or public highway contracts entered into by a town with a municipality, as defined under s. 66.0301 (1) (a).
(5) EXCEPTION FOR EMERGENCIES AND CERTAIN DONATIONS.
(a) This section is optional with respect to public contracts and public highway contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, 1660.47 TOWNS that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists.
(b) This section is optional with respect to a public contract or public highway contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract or public highway contract is provided by volunteers.
(c) This section does not apply to the construction by a private person of an improvement that is donated to the town after the completion of construction.
(6) APPLICATION TO WORK BY TOWN. This section does not apply to any public work performed directly by the town.