AB286,2,1211 (b) “Best value design-build contract” means a design-build contract award
12made following a calculation of value as provided in a request for proposals.
1(c) “Design-build contract” means a contract for a project under which the
2design, engineering, construction, and related services are provided by a single
AB286,3,64 (d) “Design-builder" means a private legal entity, consortium, or joint venture
5that proposes to or executes a contract with the office to design, engineer, and
6construct a project under this section.
AB286,3,107 (e) “Design-build project" means a project for which design, engineering,
8construction, and related services are procured through a single contract with a
9single private legal entity, consortium, or joint venture capable of providing the
10necessary design, engineering, construction, and related services.
AB286,3,1211 (f) “Design professional” means a person registered under s. 443.03 or 443.04
12or a firm, partnership, or corporation registered under s. 443.08.
AB286,3,1413 (g) “Director” means the director of the office of innovative program delivery
14attached to the department under s. 15.463 (1).
AB286,3,1715 (h) “Fixed price variable scope design-build contract” means a design-build
16contract award made to the lowest qualified responsible bidder able to provide the
17best qualitative scope of work at a price not to exceed a fixed price set by the office.
AB286,3,1918 (i) “Low bid design-build contract” means a design-build contract award made
19to the lowest qualified responsible bidder.
AB286,3,2120 (j) “Member” means a private legal entity that is a member of a consortium or
21joint venture that is a design-builder.
AB286,3,2322 (k) “Office” means the office of innovative program delivery attached to the
23department under s. 15.463 (1).
AB286,3,2524 (L) “Project” means a project involving a highway improvement, as defined in
25s. 84.06 (1) (am).
1(m) “Qualified responsible bidder” means a design-builder responding to a
2request for qualifications and that is certified by the technical review committee.
AB286,4,53 (n) “Responsive cost proposal” means a proposal that clearly identifies the costs
4of all services to be performed by the qualified responsible bidder, including all
5related fees, wages, and equipment and material costs.
AB286,4,96 (o) “Responsive technical proposal” means a proposal that clearly
7demonstrates a qualified responsible bidder's understanding of the design,
8engineering, and construction services to be performed and clearly describes the
9bidder's approach to the project.
AB286,4,1110 (p) “Technical review committee” means the committee appointed under sub.
AB286,4,1412 (q) “Value engineering change” means a proposal that provides for a product
13of equal or improved quality to the product required by the department and that will
14reduce the project cost, improve safety, or decrease the time to complete the project.
AB286,4,19 15(2) Design-build projects. (a) The department shall administer a pilot
16program under which not more than 6 contracts are awarded for design-build
17projects to be completed no later than December 31, 2025. The director may not
18designate a project as a design-build project unless the department is able to clearly
19define the scope of work.
AB286,4,2120 (b) The department may not expend more than $250,000,000 for 6 design-build
21contracts designated as follows:
AB286,4,2322 1. One low bid design-build contract for a project with an estimated value of
23not less than $10,000,000 and not more than $50,000,000.
AB286,4,2524 2. One best value design-build contract for a project with an estimated value
25of not less than $50,000,000 and not more than $150,000,000.
13. One fixed price variable scope design-build contract with an estimated value
2of not less than $50,000,000 and not more than $150,000,000.
AB286,5,63 4. Three contracts designated by the director with a total estimated value of not
4more than $200,000,000. The department may enter into a low bid design-build
5contract, best value design-build contract or a fixed price variable scope
6design-build contract under this subdivision.
AB286,5,117 (c) For each project designated as a design-build project under par. (a), the
8office shall prepare a written analysis supporting the office's determination that it
9is the best interests of the state to make the designation. The written determination
10and supporting materials are subject to inspection under s. 19.35. The written
11analysis shall include all of the following:
AB286,5,1312 1. The extent to which the department can adequately define the project
13requirements in a proposed scope of design and construction.
AB286,5,1414 2. The impact on the projected project schedule and completion date.
AB286,5,1515 3. The impact on the projected cost of the project.
AB286,5,1616 4. The impact on the quality factors of the project.
AB286,5,1817 5. The availability of contractors with experience with design-build projects or
18other innovative project delivery methods.
AB286,5,2019 6. The capability of the department to manage a design-build project with
20office employees and design consultants.
AB286,5,2321 7. The capability of the department to oversee a design-build project with a
22contractor with experience with design-build projects or other innovative project
23delivery methods.
AB286,5,2524 8. The availability of current department employees qualified to perform
25design and engineering services required for the design-build project.
19. The original character of the product or the services.
AB286,6,32 10. The statutory authority for the designation of the project as a design-build
3project and how the project furthers the department's statutory duties.
AB286,6,64 11. Whether the design-build project must comply with any federal rule or
5regulation or any U.S. department of transportation requirement and a statement
6that the design-build project is in compliance.
AB286,6,77 12. Any other criteria the office determines is necessary.
AB286,6,118 (d) For each project designated under par. (a), the office shall solicit requests
9for qualifications, requests for proposals, and cost proposals as provided in this
10section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified
11responsible bidder.
AB286,6,2212 (e) No more than 6 months following the completion of a design-build project
13designated under this subsection, the office shall prepare a report, with input from
14the design-builder and the technical review committee, detailing the project, the
15decision to designate the project as a design-build project, the type of design-build
16contract let, and recommendations for statutory changes, if any. The office shall
17provide this report to the joint committee on finance and the senate and assembly
18standing committees having jurisdiction over transportation matters. The senate
19and assembly standing committees having jurisdiction over transportation matters
20shall schedule a hearing on the report not more than 30 days following distribution
21of the report by the chief clerks of the senate and the assembly. This paragraph does
22not apply to projects completed after December 31, 2025.
AB286,6,25 23(3) Technical review committee. (a) The secretary shall appoint 5 individuals
24to a technical review committee to evaluate proposals submitted under this section.
25The committee shall consist of the following:
11. An employee of the department representing a regional office of the
2department who has at least 5 years of experience in the transportation construction
AB286,7,64 2. Two employees of the department representing the division of the
5department responsible for transportation project development, each of whom have
6at least 5 years of experience in the transportation construction industry.
AB286,7,87 3. One person representing a state association of architectural, engineering, or
8design companies.
AB286,7,109 4. One person representing a state association of transportation construction
AB286,7,1511 (b) The secretary may not appoint to the technical review committee any person
12associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to
13the technical review committee may review proposals under this section when the
14proposed project could benefit the appointee or the appointee's immediate family, as
15defined in s. 19.42 (7).
AB286,7,1716 (c) A person appointed to the technical review committee is an agent of the
17department under s. 895.46.
AB286,7,1918 (d) Except as otherwise provided in this section, all records of the technical
19review committee are open to public inspection and copying under s. 19.35 (1).
AB286,7,25 20(4) Bids. The office shall solicit design-build proposals in 2 phases. In the first
21phase, the office shall solicit requests for qualifications under sub. (5) and requests
22for proposals under sub. (6). The technical review committee shall certify responsible
23bidders as provided in sub. (5) (c) and shall score technical proposals as provided in
24sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical
25review committee shall evaluate cost proposals as provided in sub. (7).
1(5) Request for qualifications. (a) The office shall prepare a request for
2qualifications that includes all of the following:
AB286,8,43 1. Minimum required qualifications for certification as a qualified bidder,
4which shall include all of the following:
AB286,8,85 a. The design and construction experience of the design-builder or member,
6personnel, and contractors who will manage the design, engineering, and
7construction aspects of the project. The office may not require a level of experience
8that will unreasonably restrict competition.
AB286,8,119 b. A requirement that the design-builder or member employ an individual who
10has no fewer than 5 years of experience in highway construction specific to highway
11improvement projects in this state.
AB286,8,1312 c. A requirement that the design-builder or member be a design professional
13or will employ or contract with a design professional.
AB286,8,1614 d. A sworn statement of the design-builder's financial ability, equipment, and
15experience in design-build project delivery and any other information the office
16determines is necessary to determine a bidder's competency.
AB286,8,1817 2. Minimum required qualifications for certification as a responsible bidder,
18which shall include all of the following:
AB286,8,1919 a. The design-builder is registered or authorized to do business in this state.
AB286,8,2320 b. The design-builder submits a sworn statement that indicates that it has
21adequate financial resources to complete the work described in the request for
22qualifications, taking into account any other work the design-builder is currently
23under contract to complete.
1c. The design-builder is bondable for the term of the proposed contract and is
2able to obtain a 100 percent performance bond and a separate 100 percent payment
AB286,9,134 d. If the department has previously contracted with the design-builder or a
5member, the design-builder or member has a record of satisfactorily completing
6projects. In making this determination, the technical review committee shall
7consider if the design-builder or the member has completed all contracts in
8accordance with drawings and specifications, diligently pursued execution of the
9work and completed contracts according to the time schedule, fulfilled guarantee
10requirements of contracts, and complied with applicable safety program
11requirements. The technical review committee may not consider whether a
12design-builder or member exercised legal rights specified in statute or rule or under
13a contract with the department.
AB286,9,1714 e. The design-builder or a member is not on a list maintained by the
15department identifying persons ineligible to bid due to suspension or debarment or
16on a list that the department of administration maintains for persons who violated
17statutory provisions or administrative rules relating to construction.
AB286,9,1818 f. The design-builder or a member has been in business for at least 12 months.
AB286,9,2119 g. The design-builder or a member has served as a prime contractor on no fewer
20than 5 projects administered by the department during the previous 5 calendar
AB286,9,2422 h. The design-builder can provide information to the technical review
23committee upon request about ownership, management, and control of the
1i. The design-builder or a member has not been debarred from any government
2contracts and has not been found to have committed tax avoidance or evasion in any
3jurisdiction in the previous 10 years.
AB286,10,54 j. The design-builder has not been disciplined under a professional license in
5any jurisdiction in the previous 10 years.
AB286,10,86 k. No design professional employed by the design-builder or a member or that
7the design-builder will contract with has been disciplined in any jurisdiction under
8a license that is currently in use.
AB286,10,109 3. Information about bid procedures and the proposed project, including all of
10the following:
AB286,10,1111 a. The type of contract to be awarded.
AB286,10,1212 b. The selection criteria for recommendation of design-builders for phase 2.
AB286,10,1313 c. Project requirements, including a scope of work statement and a schedule.
AB286,10,1414 d. The required completion date of the project.
AB286,10,1515 e. A description of requirements for the technical proposal for the project.
AB286,10,2416 (b) The office shall advertise the request for qualifications by publication of a
17class 1 notice, as defined in s. 985.07 (1), in the official state newspaper and on the
18department's Internet site. The office may place similar notices in publications likely
19to inform potential bidders of the project. The office shall issue a request for
20qualifications or provide information as to where the request for qualifications may
21be obtained to any person, without regard to the qualifications of the person. The
22office shall include in all advertisements under this paragraph the location and scope
23of work, the amount of bid guarantee required, the date, time, and place of bid or
24proposal opening, and the date when and place where plans will be available.
1(c) The technical review committee shall certify at least 2 but not more than 4
2design-builders as qualified responsible bidders. If the office does not receive at
3least 2 responses to the request for qualifications or if the technical review committee
4certifies only one design-builder as a qualified responsible bidder, the office may
5re-advertise or cancel the project.
AB286,11,7 6(6) Request for proposals. (a) The office shall prepare a request for proposals
7for each design-build contract that includes all the following:
AB286,11,98 1. The name, title, address, and telephone numbers of persons to whom
9questions concerning the proposal should be directed.
AB286,11,1210 2. The procedures to be followed for submitting proposals, including how
11proposals must be delivered, the date and time by which they must be received, and
12the name and address of the person who is to receive them.
AB286,11,1313 3. The date and time of the pre-proposal conference, if any.
AB286,11,1514 4. A requirement that a technical proposal and a cost proposal be submitted in
15separate sealed proposals at the same time.
AB286,11,1716 5. A clear description of the scope of all design, engineering, and construction
AB286,11,1818 6. The criteria for evaluating proposals and their relative weight, if applicable.
AB286,11,2119 7. The design criteria package, including a description of drawings,
20specifications, or other information to be submitted with the proposals, which shall
21allow the design-builder to use innovative projects meeting the criteria.
AB286,11,2222 8. The project schedule and budget limits, if any.
AB286,11,2323 9. The proposed terms and conditions of the contract.
AB286,11,2524 10. Requirements relating to performance bonds, payments bonds, and
111. Amount of stipend, if any.
AB286,12,22 12. The procedures for awarding a contract.
AB286,12,43 13. A process for the technical review committee to review and accept
4alternative technical concepts and value engineering change proposals.
AB286,12,85 14. A requirement that the design-builder perform not less than 30 percent of
6the construction services under the contract with labor provided by employees of the
7design-builder or member and equipment owned or rented by the design-builder or
AB286,12,99 15. Any other information the office determines is necessary.
AB286,12,1210 (b) The technical review committee shall evaluate each technical proposal,
11which may include a confidential interview, and shall assign points in accordance
12with the request for proposals and subject to all of the following: