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.
AB286,6,1
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:
AB286,7,3
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
3industry.
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
10companies.
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).
AB286,8,2
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.
AB286,9,3
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
3bond.
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
21years.
AB286,9,2422 h. The design-builder can provide information to the technical review
23committee upon request about ownership, management, and control of the
24design-builder.
AB286,10,3
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.
AB286,11,5
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
17work.
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
25insurance.
AB286,12,1
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
8member.
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:
AB286,12,1613 1. For a project that will be awarded as either a low bid design-build contract
14or a fixed price variable scope design-build contract, the technical review committee
15shall determine whether technical proposals are responsive to the request for
16proposals without ranking or scoring the proposals.
AB286,13,217 2. For a project that will be awarded as a best value design-build contract, the
18technical review committee shall determine whether technical proposals are
19responsive to the request for proposals and score each responsive technical proposal
20as required by the request for proposals. The technical review committee may award
21not more than 20 percent of the points awarded to a technical proposal based on the
22design-builder's qualifications and ability to design, contract, and deliver the project
23in accordance with any deadline established in the request for proposals. The
24technical review committee may award a technical proposal not more than 50

1percent of the maximum number of combined points that may be awarded to a
2technical proposal and cost proposal.
AB286,13,63 (c) The office shall allow design-builders to include alternative technical
4concepts and value engineering changes in their proposals by describing the process
5for submission and evaluation of alternative technical concepts and value
6engineering changes in the request for proposals.
AB286,13,127 (d) The technical review committee may not consider a proposal responsive
8unless the proposal includes a conceptual design, critical path method, bar schedule
9of the work to be performed or similar schematic, design plans and specifications,
10technical reports, and all other information required by the request for proposals.
11The technical review committee may not consider any price or fee included in the
12technical proposal.
AB286,13,1613 (e) The office shall notify the design-builder for each proposal that is
14determined to be responsive under par. (b) that the design-builder may submit a cost
15proposal under par. (7). The office shall reject all proposals that are determined to
16be nonresponsive under par. (b).
AB286,13,21 17(7) Cost proposals. (a) Design-builders notified under sub. (6) (e) may submit
18a cost proposal and the proposal shall include a fixed cost of design, engineering, and
19construction services prepared by a design professional that contains all design,
20engineering, construction, and quality assurance and quality control costs of the
21project.
AB286,14,222 (b) The technical review committee may open cost proposals only after the
23technical proposals have been reviewed as provided in sub. (6). At the time and place
24specified in the request for proposals, the technical review committee shall open cost
25proposals, read the proposals aloud, and, for a project that will be awarded as a best

1value design-build contract, make public the committee's scoring of the technical
2proposals.
AB286,14,43 (c) Following a review of cost proposals, the department may issue a notice of
4intent to award a contract, subject to all of the following:
AB286,14,75 1. For a low bid design-build contract, the contract shall be awarded to the
6qualified responsible bidder that submitted a responsive technical proposal and also
7submitted the lowest responsive cost proposal.
AB286,14,128 2. For a fixed price variable scope design-build contract, the contract shall be
9awarded to the qualified responsible bidder that submitted a responsive technical
10proposal and that submitted a responsive cost proposal that provides the maximum
11amount of services for the maximum fixed price set by the office or for an amount that
12is less than the maximum fixed price.
AB286,14,2413 3. For a best value design-build contract, the contract shall be awarded to the
14qualified responsible bidder with the highest adjusted score, which shall be
15calculated by adding the bidder's technical proposal score to the bidder's cost
16proposal score. The technical review committee shall award the lowest qualified
17responsible bidder the maximum number of points that may be awarded to a cost
18proposal under the request for proposals, but not less than 45 percent and not more
19than 75 percent of the maximum number of combined points that may be awarded
20to a technical proposal and cost proposal. For each remaining qualified responsible
21bidder, the technical review committee shall calculate the score for the cost proposal
22by reducing the maximum number of points that may be awarded to the cost proposal
23by at least 1 percent for each percentage point by which the cost proposal exceeds the
24lowest cost proposal.
AB286,15,9
1(d) Following a review of cost proposals, the office may reject all proposals. If
2the office rejects all proposals or does not execute a contract after issuing an intent
3to award a contract under par. (c), the office may reissue the request for proposals
4and allow only the qualified responsible bidders originally notified under sub. (6) (e)
5to submit new proposals. The office may pay a reasonable stipulated fee to each
6design-builder that provides a responsive but unsuccessful proposal in response to
7the reissued request for proposals. If the reissued request for proposals specifies a
8maximum fixed price, the office may not award a stipend to a design-builder whose
9proposal exceeds that price.
AB286,15,1210 (e) Not less than 5 working days prior to executing a design-build contract, the
11department shall provide notice to each unsuccessful qualified responsible bidder
12that a notice of intent to award a contract has been issued.
AB286,15,1513 (f) The department and the technical review committee shall maintain the
14confidentiality of information provided by design-builders as required by s. 84.01
15(32).
AB286,15,16 16(8) Contract award. (a) In this subsection:
AB286,15,1917 1. “Construction services” means all services necessary to construct a project,
18including trucking expenses and the expense of materials regardless of whether the
19materials are installed by the design-builder.
AB286,15,2220 2. “Specialty services” means work related to sanitary sewer systems, water
21main systems, staking, electrical, landscaping and erosion control, traffic control,
22signing, pavement marking, and fencing.
AB286,16,223 (b) No later than 10 days following the issuance of a notice of intent to award
24a design-build contract, the office shall verify that the design-builder will perform
25not less than 30 percent of the construction services under the contract with labor

1provided by employees of the design-builder or member and equipment owned or
2rented by the design-builder or member.
AB286,16,53 (c) The design-builder shall submit to the office in the form prescribed by the
4office documentation of the construction services the design-builder or members will
5perform and the dollar value of the services.
AB286,16,116 (d) The office shall determine the percentage of total construction services,
7excluding specialty services, identified in the contract to be performed by the
8design-builder or members. If the office determines that the construction services
9to be performed by the design-builder or members are less than 30 percent of
10construction services required under the contract, the office shall cancel the contract
11award.
AB286,16,17 12(9) Project delivery. An individual identified in a response to a request for
13qualifications or in a technical proposal may be replaced by a design-builder if the
14office determines that the new individual meets the qualifications described in the
15response to the request for qualifications or in the technical proposal and that the
16individual's qualifications are at least equal to the qualifications of the individual
17being replaced.
AB286,16,20 18(10) Liability. (a) Nothing in this section shall be construed as relieving a
19design-builder of 3rd-party liability or liability for loss or damage to property of the
20state or a county or municipality.
Loading...
Loading...