4. Three contracts designated by the director with a total estimated value of not 4
more than $200,000,000. The department may enter into a low bid design-build 5
contract, best value design-build contract or a fixed price variable scope 6
design-build contract under this subdivision.
(c) For each project designated as a design-build project under par. (a), the 8
office shall prepare a written analysis supporting the office's determination that it 9
is the best interests of the state to make the designation. The written determination 10
and supporting materials are subject to inspection under s. 19.35. The written 11
analysis shall include all of the following:
1. The extent to which the department can adequately define the project 13
requirements in a proposed scope of design and construction.
2. The impact on the projected project schedule and completion date.
3. The impact on the projected cost of the project.
4. The impact on the quality factors of the project.
5. The availability of contractors with experience with design-build projects or 18
other innovative project delivery methods.
6. The capability of the department to manage a design-build project with 20
office employees and design consultants.
7. The capability of the department to oversee a design-build project with a 22
contractor with experience with design-build projects or other innovative project 23
8. The availability of current department employees qualified to perform 25
design and engineering services required for the design-build project.
9. The original character of the product or the services.
10. The statutory authority for the designation of the project as a design-build 3
project and how the project furthers the department's statutory duties.
11. Whether the design-build project must comply with any federal rule or 5
regulation or any U.S. department of transportation requirement and a statement 6
that the design-build project is in compliance.
12. Any other criteria the office determines is necessary.
(d) For each project designated under par. (a), the office shall solicit requests 9
for qualifications, requests for proposals, and cost proposals as provided in this 10
section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified 11
(e) No more than 6 months following the completion of a design-build project 13
designated under this subsection, the office shall prepare a report, with input from 14
the design-builder and the technical review committee, detailing the project, the 15
decision to designate the project as a design-build project, the type of design-build 16
contract let, and recommendations for statutory changes, if any. The office shall 17
provide this report to the joint committee on finance and the senate and assembly 18
standing committees having jurisdiction over transportation matters. The senate 19
and assembly standing committees having jurisdiction over transportation matters 20
shall schedule a hearing on the report not more than 30 days following distribution 21
of the report by the chief clerks of the senate and the assembly. This paragraph does 22
not apply to projects completed after December 31, 2025.
23(3) Technical review committee.
The secretary shall appoint 5 individuals 24
to a technical review committee to evaluate proposals submitted under this section. 25
The committee shall consist of the following:
1. An employee of the department representing a regional office of the 2
department who has at least 5 years of experience in the transportation construction 3
2. Two employees of the department representing the division of the 5
department responsible for transportation project development, each of whom have 6
at least 5 years of experience in the transportation construction industry.
3. One person representing a state association of architectural, engineering, or 8
4. One person representing a state association of transportation construction 10
(b) The secretary may not appoint to the technical review committee any person 12
associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to 13
the technical review committee may review proposals under this section when the 14
proposed project could benefit the appointee or the appointee's immediate family, as 15
defined in s. 19.42 (7).
(c) A person appointed to the technical review committee is an agent of the 17
department under s. 895.46.
(d) Except as otherwise provided in this section, all records of the technical 19
review committee are open to public inspection and copying under s. 19.35 (1).
The office shall solicit design-build proposals in 2 phases. In the first 21
phase, the office shall solicit requests for qualifications under sub. (5) and requests 22
for proposals under sub. (6). The technical review committee shall certify responsible 23
bidders as provided in sub. (5) (c) and shall score technical proposals as provided in 24
sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical 25
review committee shall evaluate cost proposals as provided in sub. (7).
1(5) Request for qualifications.
(a) The office shall prepare a request for 2
qualifications that includes all of the following:
1. Minimum required qualifications for certification as a qualified bidder, 4
which shall include all of the following:
a. The design and construction experience of the design-builder or member, 6
personnel, and contractors who will manage the design, engineering, and 7
construction aspects of the project. The office may not require a level of experience 8
that will unreasonably restrict competition.
b. A requirement that the design-builder or member employ an individual who 10
has no fewer than 5 years of experience in highway construction specific to highway 11
improvement projects in this state.
c. A requirement that the design-builder or member be a design professional 13
or will employ or contract with a design professional.
d. A sworn statement of the design-builder's financial ability, equipment, and 15
experience in design-build project delivery and any other information the office 16
determines is necessary to determine a bidder's competency.
2. Minimum required qualifications for certification as a responsible bidder, 18
which shall include all of the following:
a. The design-builder is registered or authorized to do business in this state.
b. The design-builder submits a sworn statement that indicates that it has 21
adequate financial resources to complete the work described in the request for 22
qualifications, taking into account any other work the design-builder is currently 23
under contract to complete.
c. The design-builder is bondable for the term of the proposed contract and is 2
able to obtain a 100 percent performance bond and a separate 100 percent payment 3
d. If the department has previously contracted with the design-builder or a 5
member, the design-builder or member has a record of satisfactorily completing 6
projects. In making this determination, the technical review committee shall 7
consider if the design-builder or the member has completed all contracts in 8
accordance with drawings and specifications, diligently pursued execution of the 9
work and completed contracts according to the time schedule, fulfilled guarantee 10
requirements of contracts, and complied with applicable safety program 11
requirements. The technical review committee may not consider whether a 12
design-builder or member exercised legal rights specified in statute or rule or under 13
a contract with the department.
e. The design-builder or a member is not on a list maintained by the 15
department identifying persons ineligible to bid due to suspension or debarment or 16
on a list that the department of administration maintains for persons who violated 17
statutory provisions or administrative rules relating to construction.
f. The design-builder or a member has been in business for at least 12 months.
g. The design-builder or a member has served as a prime contractor on no fewer 20
than 5 projects administered by the department during the previous 5 calendar 21
h. The design-builder can provide information to the technical review 23
committee upon request about ownership, management, and control of the 24
i. The design-builder or a member has not been debarred from any government 2
contracts and has not been found to have committed tax avoidance or evasion in any 3
jurisdiction in the previous 10 years.
j. The design-builder has not been disciplined under a professional license in 5
any jurisdiction in the previous 10 years.
k. No design professional employed by the design-builder or a member or that 7
the design-builder will contract with has been disciplined in any jurisdiction under 8
a license that is currently in use.
3. Information about bid procedures and the proposed project, including all of 10
a. The type of contract to be awarded.
b. The selection criteria for recommendation of design-builders for phase 2.
c. Project requirements, including a scope of work statement and a schedule.
d. The required completion date of the project.
e. A description of requirements for the technical proposal for the project.
(b) The office shall advertise the request for qualifications by publication of a 17
class 1 notice, as defined in s. 985.07 (1), in the official state newspaper and on the 18
department's Internet site. The office may place similar notices in publications likely 19
to inform potential bidders of the project. The office shall issue a request for 20
qualifications or provide information as to where the request for qualifications may 21
be obtained to any person, without regard to the qualifications of the person. The 22
office shall include in all advertisements under this paragraph the location and scope 23
of work, the amount of bid guarantee required, the date, time, and place of bid or 24
proposal opening, and the date when and place where plans will be available.
(c) The technical review committee shall certify at least 2 but not more than 4 2
design-builders as qualified responsible bidders. If the office does not receive at 3
least 2 responses to the request for qualifications or if the technical review committee 4
certifies only one design-builder as a qualified responsible bidder, the office may 5
re-advertise or cancel the project.
6(6) Request for proposals.
(a) The office shall prepare a request for proposals 7
for each design-build contract that includes all the following:
1. The name, title, address, and telephone numbers of persons to whom 9
questions concerning the proposal should be directed.
2. The procedures to be followed for submitting proposals, including how 11
proposals must be delivered, the date and time by which they must be received, and 12
the name and address of the person who is to receive them.
3. The date and time of the pre-proposal conference, if any.
4. A requirement that a technical proposal and a cost proposal be submitted in 15
separate sealed proposals at the same time.
5. A clear description of the scope of all design, engineering, and construction 17
6. The criteria for evaluating proposals and their relative weight, if applicable.
7. The design criteria package, including a description of drawings, 20
specifications, or other information to be submitted with the proposals, which shall 21
allow the design-builder to use innovative projects meeting the criteria.
8. The project schedule and budget limits, if any.
9. The proposed terms and conditions of the contract.
10. Requirements relating to performance bonds, payments bonds, and 25
11. Amount of stipend, if any.
12. The procedures for awarding a contract.
13. A process for the technical review committee to review and accept 4
alternative technical concepts and value engineering change proposals.
14. A requirement that the design-builder perform not less than 30 percent of 6
the construction services under the contract with labor provided by employees of the 7
design-builder or member and equipment owned or rented by the design-builder or 8
15. Any other information the office determines is necessary.
(b) The technical review committee shall evaluate each technical proposal, 11
which may include a confidential interview, and shall assign points in accordance 12
with the request for proposals and subject to all of the following:
1. For a project that will be awarded as either a low bid design-build contract 14
or a fixed price variable scope design-build contract, the technical review committee 15
shall determine whether technical proposals are responsive to the request for 16
proposals without ranking or scoring the proposals.
2. For a project that will be awarded as a best value design-build contract, the 18
technical review committee shall determine whether technical proposals are 19
responsive to the request for proposals and score each responsive technical proposal 20
as required by the request for proposals. The technical review committee may award 21
not more than 20 percent of the points awarded to a technical proposal based on the 22
design-builder's qualifications and ability to design, contract, and deliver the project 23
in accordance with any deadline established in the request for proposals. The 24
technical review committee may award a technical proposal not more than 50
percent of the maximum number of combined points that may be awarded to a 2
technical proposal and cost proposal.
(c) The office shall allow design-builders to include alternative technical 4
concepts and value engineering changes in their proposals by describing the process 5
for submission and evaluation of alternative technical concepts and value 6
engineering changes in the request for proposals.
(d) The technical review committee may not consider a proposal responsive 8
unless the proposal includes a conceptual design, critical path method, bar schedule 9
of the work to be performed or similar schematic, design plans and specifications, 10
technical reports, and all other information required by the request for proposals. 11
The technical review committee may not consider any price or fee included in the 12
(e) The office shall notify the design-builder for each proposal that is 14
determined to be responsive under par. (b) that the design-builder may submit a cost 15
proposal under par. (7). The office shall reject all proposals that are determined to 16
be nonresponsive under par. (b).
17(7) Cost proposals.
(a) Design-builders notified under sub. (6) (e) may submit 18
a cost proposal and the proposal shall include a fixed cost of design, engineering, and 19
construction services prepared by a design professional that contains all design, 20
engineering, construction, and quality assurance and quality control costs of the 21
(b) The technical review committee may open cost proposals only after the 23
technical proposals have been reviewed as provided in sub. (6). At the time and place 24
specified in the request for proposals, the technical review committee shall open cost 25
proposals, read the proposals aloud, and, for a project that will be awarded as a best
value design-build contract, make public the committee's scoring of the technical 2
(c) Following a review of cost proposals, the department may issue a notice of 4
intent to award a contract, subject to all of the following:
1. For a low bid design-build contract, the contract shall be awarded to the 6
qualified responsible bidder that submitted a responsive technical proposal and also 7
submitted the lowest responsive cost proposal.
2. For a fixed price variable scope design-build contract, the contract shall be 9
awarded to the qualified responsible bidder that submitted a responsive technical 10
proposal and that submitted a responsive cost proposal that provides the maximum 11
amount of services for the maximum fixed price set by the office or for an amount that 12
is less than the maximum fixed price.
3. For a best value design-build contract, the contract shall be awarded to the 14
qualified responsible bidder with the highest adjusted score, which shall be 15
calculated by adding the bidder's technical proposal score to the bidder's cost 16
proposal score. The technical review committee shall award the lowest qualified 17
responsible bidder the maximum number of points that may be awarded to a cost 18
proposal under the request for proposals, but not less than 45 percent and not more 19
than 75 percent of the maximum number of combined points that may be awarded 20
to a technical proposal and cost proposal. For each remaining qualified responsible 21
bidder, the technical review committee shall calculate the score for the cost proposal 22
by reducing the maximum number of points that may be awarded to the cost proposal 23
by at least 1 percent for each percentage point by which the cost proposal exceeds the 24
lowest cost proposal.
(d) Following a review of cost proposals, the office may reject all proposals. If 2
the office rejects all proposals or does not execute a contract after issuing an intent 3
to award a contract under par. (c), the office may reissue the request for proposals 4
and allow only the qualified responsible bidders originally notified under sub. (6) (e) 5
to submit new proposals. The office may pay a reasonable stipulated fee to each 6
design-builder that provides a responsive but unsuccessful proposal in response to 7
the reissued request for proposals. If the reissued request for proposals specifies a 8
maximum fixed price, the office may not award a stipend to a design-builder whose 9
proposal exceeds that price.
(e) Not less than 5 working days prior to executing a design-build contract, the 11
department shall provide notice to each unsuccessful qualified responsible bidder 12
that a notice of intent to award a contract has been issued.
(f) The department and the technical review committee shall maintain the 14
confidentiality of information provided by design-builders as required by s. 84.01 15
16(8) Contract award.
(a) In this subsection:
1. “Construction services” means all services necessary to construct a project, 18
including trucking expenses and the expense of materials regardless of whether the 19
materials are installed by the design-builder.
2. “Specialty services” means work related to sanitary sewer systems, water 21
main systems, staking, electrical, landscaping and erosion control, traffic control, 22
signing, pavement marking, and fencing.
(b) No later than 10 days following the issuance of a notice of intent to award 24
a design-build contract, the office shall verify that the design-builder will perform 25
not less than 30 percent of the construction services under the contract with labor
provided by employees of the design-builder or member and equipment owned or 2
rented by the design-builder or member.
(c) The design-builder shall submit to the office in the form prescribed by the 4
office documentation of the construction services the design-builder or members will 5
perform and the dollar value of the services.
(d) The office shall determine the percentage of total construction services, 7
excluding specialty services, identified in the contract to be performed by the 8
design-builder or members. If the office determines that the construction services 9
to be performed by the design-builder or members are less than 30 percent of 10
construction services required under the contract, the office shall cancel the contract 11
12(9) Project delivery.
An individual identified in a response to a request for 13
qualifications or in a technical proposal may be replaced by a design-builder if the 14
office determines that the new individual meets the qualifications described in the 15
response to the request for qualifications or in the technical proposal and that the 16
individual's qualifications are at least equal to the qualifications of the individual 17