The bill requires the inspector general assigned to DOT to submit an annual
report of inspector general activities to the Speaker of the assembly, the senate
majority leader, the joint legislative audit committee, the assembly and senate
committees on transportation, and the chairpersons of standing committees whose
committee jurisdiction includes oversight and accountability of government
operations.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB456,1 1Section 1. 13.94 (3m) of the statutes is created to read:
AB456,4,32 13.94 (3m) Inspector general. (a) In this subsection, “department" means the
3department of transportation.
AB456,4,64 (b) The state auditor shall appoint an inspector general who is assigned to and
5housed at the headquarters of the department. The state auditor shall appoint the
6inspector general for a 6-year term expiring on March 1 of the odd-numbered year.
AB456,5,4
1(c) The inspector general shall be housed at the department headquarters. The
2department shall provide office space for the inspector general. The department
3shall pay for all services provided by the inspector general and shall credit the
4payments to the appropriation account under s. 20.765 (3) (ka).
AB456,5,65 (d) The inspector general shall be strictly nonpartisan and shall at all times
6observe the confidential nature of any investigation currently being performed.
AB456,5,177 (e) The inspector general may examine the accounts and other financial records
8of the department to assure that all financial transactions have been made in a legal
9and proper manner. The inspector general may review the performance and program
10accomplishments of the department during the fiscal period for which the
11examination is being conducted to determine whether the department carried out
12the policy of the legislature and the governor during the period for which the
13appropriations were made. The department shall at all times with or without notice
14provide the inspector general access to any books, records, or other documents
15maintained by the department relating to its expenditures, revenues, operations,
16and structure, including specifically any such books, records, or other documents
17that are confidential by law.
AB456,5,1818 (f) The inspector general shall do all of the following:
AB456,6,419 1. At his or her discretion, review claims by any person whose substantial
20interest has been adversely affected by a department action or order. A person
21requesting such a review must do so before the commencement of a contested case
22under s. 227.44 or other similar state agency review process. If the inspector general
23elects to review a claim, the inspector general shall determine whether the
24department action or order was inconsistent with any law or administrative rule.
25The inspector general shall report all such determinations to the speaker of the

1assembly, the senate majority leader, the joint legislative audit committee, the
2assembly and senate committees on transportation, and the chairpersons of
3standing committees whose committee jurisdiction includes oversight and
4accountability of government operations.
AB456,6,65 2. Investigate fraud in department programs or activities and report any
6finding of fraud to the department of justice.
AB456,6,157 3. Investigate waste, abuse, or inefficiency in department programs or
8activities and report any finding of waste, abuse, or inefficiency to the speaker of the
9assembly, the senate majority leader, the joint legislative audit committee, the
10assembly and senate committees on transportation, and the chairpersons of
11standing committees whose committee jurisdiction includes oversight and
12accountability of government operations. In investigating waste, abuse, or
13inefficiency in department programs, the inspector general shall endeavor to identify
14savings for the department that would pay at least the costs incurred by the inspector
15general in carrying out the investigations.
AB456,6,2116 4. Submit an annual report of inspector general activities to the chief clerk of
17each house of the legislature, for distribution to the legislature under s. 13.172 (2),
18and to the speaker of the assembly, the senate majority leader, the joint legislative
19audit committee, the assembly and senate committees on transportation, and the
20chairpersons of standing committees whose committee jurisdiction includes
21oversight and accountability of government operations.
AB456,6,2522 (g) Before the department may expend on its programs and activities any
23moneys saved as a result of inspector general investigations under par. (f) 2. and 3.,
24the department must first use the moneys to pay all costs incurred by the inspector
25general in carrying out the investigations.
AB456,7,8
1(h) The speaker of the assembly and the senate majority leader, jointly, may
2direct the inspector general to examine the records or programs of the department.
3The inspector general shall submit the investigation report to the chief clerk of each
4house of the legislature, for distribution to the legislature under s. 13.172 (2), and
5to the speaker of the assembly, the senate majority leader, the joint legislative audit
6committee, the assembly and senate committees on transportation, and the
7chairpersons of standing committees whose committee jurisdiction includes
8oversight and accountability of government operations.
AB456,7,189 (i) The chairpersons of the joint legislative audit committee, the assembly and
10senate committees on transportation, and the chairpersons of standing committees
11whose committee jurisdiction includes oversight and accountability of government
12operations may direct the inspector general to examine the records or programs of
13the department. The inspector general shall submit the investigation report to the
14chief clerk of each house of the legislature, for distribution to the legislature under
15s. 13.172 (2), and to the speaker of the assembly, the senate majority leader, the joint
16legislative audit committee, the assembly and senate committees on transportation,
17and the chairpersons of standing committees whose committee jurisdiction includes
18oversight and accountability of government operations.
AB456,7,2119 (j) Upon request of the inspector general, the legislative service agencies shall
20assist the inspector general in performing any duty or exercising any power under
21this subsection.
AB456,2 22Section 2. 16.856 of the statutes is repealed.
AB456,3 23Section 3. 19.36 (3) of the statutes is amended to read:
AB456,8,424 19.36 (3) Contractors' records. Subject to sub. (12), each Each authority shall
25make available for inspection and copying under s. 19.35 (1) any record produced or

1collected under a contract entered into by the authority with a person other than an
2authority to the same extent as if the record were maintained by the authority. This
3subsection does not apply to the inspection or copying of a record under s. 19.35 (1)
4(am).
AB456,4 5Section 4. 19.36 (12) of the statutes is repealed.
AB456,5 6Section 5. 20.395 (2) (fq) of the statutes is created to read:
AB456,8,117 20.395 (2) (fq) Local transportation facility improvement assistance, state
8funds.
All moneys transferred under s. 84.54 (2) for providing public access roads
9to navigable waters and for the purposes of ss. 84.27 and 84.28 and for improving
10transportation facilities, including facilities funded under applicable federal acts or
11programs, that are not state trunk or connecting highways.
AB456,6 12Section 6. 20.395 (2) (fx) of the statutes is amended to read:
AB456,8,1813 20.395 (2) (fx) Local transportation facility improvement assistance, federal
14funds.
All moneys received from the federal government for providing public access
15roads to navigable waters and for the purposes of ss. 84.27 and 84.28 and for
16improving transportation facilities, including facilities funded under applicable
17federal acts or programs, that are not state trunk or connecting highways, for such
18purposes and to make the transfers under s. 84.54 (1).
AB456,7 19Section 7. 20.395 (3) (cq) of the statutes is amended to read:
AB456,9,1620 20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing
21appropriation, the amounts in the schedule for improvement of existing state trunk
22and connecting highways; for improvement of bridges on state trunk or connecting
23highways and other bridges for which improvement is a state responsibility, for
24necessary approach work for such bridges and for replacement of such bridges with
25at-grade crossing improvements; for the construction and rehabilitation of the

1national system of interstate and defense highways and bridges and related
2appurtenances; for activities under s. 84.04 on roadside improvements; for bridges
3under s. 84.10; for the bridge project under s. 84.115; for payment to a local unit of
4government for a jurisdictional transfer under s. 84.02 (8); for the disadvantaged
5business demonstration and training program under s. 84.076; for the purpose
6specified in s. 84.017 (3); for the transfers required under 1999 Wisconsin Act 9,
7section 9250 (1) and 2003 Wisconsin Act 33, section 9153 (4q); and for the purposes
8described under 1999 Wisconsin Act 9, section 9150 (8g), 2001 Wisconsin Act 16,
9section 9152 (4e), and 2007 Wisconsin Act 20, section 9148 (9i) (b) and (9x); and to
10make the transfers under s. 84.54 (2)
. This paragraph does not apply to any
11southeast Wisconsin freeway megaprojects under s. 84.0145, to any southeast
12Wisconsin freeway rehabilitation projects under s. 84.014 that also qualify as major
13highway projects under s. 84.013, or to the installation, replacement, rehabilitation,
14or maintenance of highway signs, traffic control signals, highway lighting, pavement
15markings, or intelligent transportation systems, unless incidental to the
16improvement of existing state trunk and connecting highways.
AB456,8 17Section 8. 20.395 (3) (cx) of the statutes is amended to read:
AB456,9,2518 20.395 (3) (cx) State highway rehabilitation, federal funds. All moneys
19received from the federal government for improvement of existing state trunk and
20connecting highways; for improvement of bridges on state trunk or connecting
21highways and other bridges for which improvement is a state responsibility, for
22necessary approach work for such bridges and for replacement of such bridges with
23at-grade crossing improvements; for the construction and rehabilitation of the
24national system of interstate and defense highways and bridges and related
25appurtenances; for activities under s. 84.04 on roadside improvements; for the bridge

1project under s. 84.115; for the purpose specified in s. 84.017 (3); and for the
2disadvantaged business demonstration and training program under s. 84.076; and
3all moneys received under 2003 Wisconsin Act 33, section 9153 (4q); and all moneys
4transferred under s. 84.54 (1)
for such purposes. This paragraph does not apply to
5any southeast Wisconsin freeway megaprojects under s. 84.0145 or to any southeast
6Wisconsin freeway rehabilitation projects under s. 84.014 that also qualify as major
7highway projects under s. 84.013.
AB456,9 8Section 9. 20.765 (3) (ka) of the statutes is amended to read:
AB456,10,169 20.765 (3) (ka) Audit bureau reimbursable audits. The amounts in the
10schedule for the provision of auditing services requested by state agencies or by the
11federal government, for audits specified in s. 13.94 (1s) (c) and, for audits of the
12department of revenue relating to the state lottery and verifications of the odds of
13winning a lottery game under s. 565.37 (5), and for services provided by the inspector
14general under s. 13.94 (3m)
. All moneys received by the legislative audit bureau from
15charges assessed to departments under s. 13.94 (1s) and (3m) shall be credited to this
16appropriation account.
AB456,10 17Section 10. 43.17 (9) (a) of the statutes is amended to read:
AB456,11,318 43.17 (9) (a) All contracts for public construction made by a federated public
19library system whose territory lies within 2 or more counties or by a federated public
20library system whose territory lies within a single county with a population of at least
21500,000 shall be let by the public library system board to the lowest responsible
22bidder in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section,
23the system board possesses the powers conferred by s. 62.15 on the board of public
24works and the common council, except that s. 62.15 (1m) does not apply to any
25contract made by the system board for public construction
. All contracts made under

1this section shall be made in the name of the federated public library system and
2shall be executed by the system board president and such other board officer as the
3system board designates.
AB456,11 4Section 11. 59.20 (3) (a) of the statutes is amended to read:
AB456,11,165 59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer,
6comptroller, register of probate, clerk, and county surveyor shall keep his or her office
7at the county seat in the offices provided by the county or by special provision of law;
8or if there is none, then at such place as the board directs. The board may also require
9any elective or appointive county official to keep his or her office at the county seat
10in an office to be provided by the county. All such officers shall keep their offices open
11during the usual business hours of any day except Sunday, as the board directs. With
12proper care, the officers shall open to the examination of any person all books and
13papers required to be kept in his or her office and permit any person so examining
14to take notes and copies of such books, records, papers, or minutes therefrom except
15as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under
16ch. 69.
AB456,12 17Section 12. 59.52 (29) (a) of the statutes is amended to read:
AB456,12,918 59.52 (29) (a) All Except as provided in par. (c), all public work, including any
19contract for the construction, repair, remodeling or improvement of any public work,
20building, or furnishing of supplies or material of any kind where the estimated cost
21of such work will exceed $25,000 shall be let by contract to the lowest responsible
22bidder. Any public work, the estimated cost of which does not exceed $25,000, shall
23be let as the board may direct. If the estimated cost of any public work is between
24$5,000 and $25,000, the board shall give a class 1 notice under ch. 985 before it
25contracts for the work or shall contract with a person qualified as a bidder under s.

166.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and
2entered into under s. 66.0901, except as provided in par. (c) and except that the board
3may by a three-fourths vote of all the members entitled to a seat provide that any
4class of public work or any part thereof may be done directly by the county without
5submitting the same for bids. This subsection does not apply to public construction
6if the materials for such a project are donated or if the labor for such a project is
7provided by volunteers. This subsection does not apply to highway contracts which
8the county highway committee or the county highway commissioner is authorized by
9law to let or make.
AB456,13 10Section 13. 59.52 (29) (c) of the statutes is created to read:
AB456,12,1111 59.52 (29) (c) 1. In this paragraph:
AB456,12,1412 a. “Alternative technical concepts" means a proposed alternative to the
13technical requirements provided by the county in the request for proposals for a
14project.
AB456,12,1815 b. “Construction manager-general contractor project" means a two-phase
16project for which all services unrelated to construction are provided in the first phase
17by a contractor who, subject to county approval, also provides construction services
18in the second phase.
AB456,12,2119 c. “Design-build-finance project” means a project for which the design and
20construction services are provided by a single entity and financing is provided in
21whole or in part by the same entity.
AB456,12,2422 d. “Design-build project" means a project for which architectural, surveying,
23engineering, construction, and related services for a project are provided by a single
24contractor.
AB456,13,3
1e. “Fixed-price variable-scope project" means a project with a broad scope for
2which a contractor provides the maximum amount of work at a cost not to exceed the
3price fixed by the county.
AB456,13,94 2. A county may designate any project as a design-build, design-build-finance,
5construction manager-general contractor, or fixed-price variable-scope project if
6the county conducts an analysis of the project and makes a written determination
7that it is in the best interests of the county to designate the project. The analysis and
8determination shall include the impact of the selected project delivery method on the
9anticipated schedule, completion date, and cost of the project.
AB456,13,1110 3. A county may not solicit proposals for a project under this paragraph unless
11the county does one of the following:
AB456,13,1312 a. Not later than 30 days before issuing the request for qualifications, issues
13a notice of intent to receive qualifications that includes a description of the project.
AB456,13,1614 b. For a single-phase project delivery, not later than 30 days before issuing the
15request for proposals, issues a notice of intent to receive proposals that includes a
16description of the project.
AB456,13,2017 4. a. Subject to subd. 4. b., a county may solicit proposals for design-build,
18design-build-finance, construction manager-general contractor, and fixed-price
19variable-scope projects by using one or more requests for qualifications,
20short-listing of qualified bidders, requests for proposals, and negotiations.
AB456,14,221 b. Except as provided in subd. 4. c., a county shall use a two-phase process for
22a design-build project. In the first phase, the county shall evaluate the qualifications
23of the bidders, create a short list of the most highly qualified bidders, and request
24proposals from those bidders. The county may not consider projected cost in its

1creation of the short list. In the second phase, the county shall evaluate and select
2from among the responsive proposals.
AB456,14,53 c. For a design-build project with an estimated cost of less than $100,000, a
4county may solicit proposals and evaluate and select from among the responsive
5proposals.
AB456,14,116 5. If a county issues a request for qualifications under this paragraph, the
7county shall evaluate responses based on the evaluation criteria provided in the
8request for qualifications and create a short list of the most qualified bidders. The
9county shall short-list not more than 5 bidders and, unless the county finds that it
10is justified by an emergency, not less than 2 bidders. A request for qualifications
11issued under this paragraph may contain any of the following information:
AB456,14,1212 a. The scope of work for the project.
AB456,14,1513 b. A requirement that the bidder identify certain personnel and describe the
14experience of the personnel and the conditions under which personnel may be
15replaced.
AB456,14,1816 c. The evaluation criteria for the qualifications and the relative importance of
17those criteria. The evaluation criteria may address the bidder's technical and
18financial qualifications.
AB456,14,1919 d. The county's prequalification, licensing, and registration requirements.
AB456,14,2120 e. The maximum number of bidders the county will short-list to submit
21proposals.
AB456,14,2222 f. Any other relevant information the county determines is appropriate.
AB456,15,1223 6. a. A request for proposals issued under this paragraph may contain the form
24and amount of required bid security; the terms of the contract, including scope and
25performance requirements, schedule or completion date requirements,

1subcontractor requirements, payment and performance security requirements, and
2insurance requirements; the requirements for the technical component of the
3proposal, including a description of the level of design, scope and type of renderings,
4drawings, and specifications to be provided in the proposal; the requirements for the
5price component of the proposal; the evaluation criteria for the proposals, including
6technical criteria, innovation, and schedule, and the relative importance of those
7criteria; a process for the county to review and accept alternative technical concepts;
8requirements regarding the bidder's qualifications; and any other relevant
9information the county determines is appropriate. For a construction
10manager-general contractor project, the county may require the bidder to submit a
11lump sum price for the direct costs to perform the required preconstruction services
12and a percentage markup on those direct costs.
AB456,15,1613 b. Prior to receiving proposals, the county may conduct confidential meetings
14and exchange confidential information with bidders to promote understanding of the
15request for proposals, review alternative technical concepts, or discuss other issues
16related to the procurement.
AB456,15,1817 c. The county shall establish a due date for proposals that is not more than 120
18days after the date on which the county issues the request for proposals.
AB456,15,2519 7. a. The county shall appoint a technical review committee to review, evaluate,
20score, and rank proposals. The county shall appoint to the committee not fewer than
215 individuals, the majority of whom are design professionals. Each member of a
22technical review committee must certify that no conflict of interest exists between
23the member and the bidders. If the county determines a conflict exists with a
24member, the county shall remove the member from the committee and substitute a
25replacement member.
AB456,16,10
1b. Except as provided in subd. 7. c., the technical review committee shall
2evaluate and assign a technical score to each proposal. The committee shall award
3not less than 70 percent of available points to each proposal that is responsive to the
4request for proposals, not less than 5 percent of available points to each proposal that
5uses contractors based in this state for not less than 50 percent of the dollar value
6of the contract, and not more than 25 percent of available points based on any criteria
7in the project scope that the county determines is critical to the improvement project.
8The committee shall divide the bid price for a proposal by the technical score to
9produce an overall score for each proposal. Notwithstanding s. 66.0901, the county
10shall award the contract to the bidder with the proposal with the lowest overall score.
AB456,16,1311 c. For a fixed-price variable-scope project, notwithstanding s. 66.0901, the
12technical review committee shall award the contract to the bidder that proposes the
13largest volume of work within the price that the county fixed for the project.
AB456,16,1914 d. If the bidder awarded the contract is unable or unwilling to execute the
15contract, the county may award the contract to the bidder whose proposal has the
16next lowest overall score. For a fixed-price variable-scope project, if the bidder
17awarded the contract is unable or unwilling to execute the contract, the county may
18award the contract to the bidder whose proposal has the next largest volume of work
19within the price that the county fixed for the project.
AB456,16,2220 8. A contract for a design-build, design-build-finance, construction
21manager-general contractor, or fixed-price variable-scope project may include
22provisions regarding all of the following:
AB456,16,2323 a. Compensation of or payments to the contractor.
AB456,16,2524 b. Grounds for termination of the contract, including the county's right to
25terminate for convenience.
AB456,17,1
1c. Liability for damages and nonperformance.
AB456,17,32 d. Events of default and the rights and remedies available to the contractor and
3the county in the event of a default or delay.
AB456,17,54 e. The identification of any technical specifications that the contractor must
5comply with when developing plans or performing construction work.
AB456,17,66 f. The procedures for review and approval of the contractor's plans.
AB456,17,77 g. Required performance and payment security.
AB456,17,98 h. Terms and conditions of indemnification and minimum insurance
9requirements.
AB456,17,1010 i. Any other terms and conditions the county determines are appropriate.
AB456,17,1511 9. a. The county shall divide the services provided under a contract for a
12construction manager-general contractor project into one phase that addresses
13preconstruction services and a subsequent phase that addresses the construction of
14the project for a lump sum or a guaranteed maximum price. The price may not exceed
159 percent of the independent cost estimate.
AB456,18,316 b. A contract for a construction manager-general contractor project shall
17include provisions regarding the provision of and compensation for preconstruction
18services during the first phase of the contract; a requirement that, during the first
19phase of the contract, the contractor use a competitive bidding process to procure
20subcontracts for at least the minimum percentage of construction work specified in
21the request for proposals, which percentage shall be based on an estimated cost for
22the construction work approved by the county prior to the start of the competitive
23bidding process; a requirement that the contractor may not use subcontracts with its
24wholly or partially owned subsidiaries, parent companies, or affiliates; the process
25the county and the contractor shall use to determine a lump sum or guaranteed

1maximum price for the construction work, including a requirement that the county
2conduct an independent cost estimate for the construction work; and grounds for
3termination of the contract.
AB456,18,74 c. If a contract for a construction manager-general contractor project is
5terminated for any reason, the county may re-advertise the project using any
6authorized process to complete the project. The county may use any work product
7developed by the contractor to complete the project.
AB456,18,118 10. a. The county shall establish procedures for the bidding and selection of
9proposals for design-build, design-build-finance, construction manager-general
10contractor, and fixed-price variable-scope projects that ensure an open,
11transparent, and efficient process.
AB456,18,1712 b. The county shall employ or retain a professional engineer licensed in this
13state or a licensed architect, or both, to prepare the scope of a design-build,
14design-build-finance, construction manager-general contractor, or fixed-price
15variable-scope project and assist in the evaluation of the technical portions of
16proposals for those projects. An engineer or architect evaluating proposals may not
17be a member of a team that is bidding on the project.
AB456,18,2018 c. The county shall allow bidders to submit alternative technical concepts in
19their proposals by describing the process for submission and evaluation of
20alternative technical concepts in the request for proposals for that project.
AB456,18,2421 d. The county may offer to pay a stipend to all short-listed bidders, if the county
22ends the process before the due date for proposals, and to each unsuccessful bidder
23that submits a responsive proposal who grants to the county the right to use any work
24product contained in the proposal.
AB456,19,4
1e. The county may reject any submitted qualifications or proposals that the
2county determines are nonresponsive. The county shall consider nonresponsive any
3proposal that fails to include the required bid security or fails to comply with county
4requirements relating to using business enterprises.
AB456,19,75 f. The county and a contractor may enter into leases, licenses, easements, and
6other grants of property interests that the county determines are necessary to deliver
7a project under this paragraph.
AB456,19,198 g. The county shall maintain all written decisions, qualification and proposal
9evaluations, scoring documents, selection evaluations, proposals, and procurement
10documents in a procurement file maintained by the county. A bidder may clearly
11identify those portions of a proposal or other submission that the bidder considers
12to be trade secrets or confidential, commercial, financial, or proprietary information
13and request that those portions be exempt from disclosure. The qualifications,
14proposals, and other information and documents submitted by bidders and the
15county's evaluation records shall not be subject to release or disclosure by the county
16until execution of the contract. If the county ends the process prior to entering into
17a contract for a project, the exemption from release or disclosure shall remain in place
18until the county has entered into a contract for the project or until 5 years after
19ending the initial process, whichever occurs first.
AB456,14 20Section 14. 60.47 (2m) of the statutes is created to read:
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