(c) 1. In its facilities development manual, the department shall 5
maintain a list of subbase materials and associated thicknesses of the materials that 6
the department determines will provide equivalent structural properties for the 7
purpose of highway improvement.
2. Not less than 10 days prior to the opening of bids for a highway improvement, 9
a bidder may request, in a manner specified by the department, authorization to base 10
its bid on the use of a different material as a subbase than is provided in the bid 11
specification. A request under this subdivision shall propose the use of a material
included on the list under subd. 1. at a thickness that is equivalent, as calculated 2
using the list under subd. 1., to the material and thickness of the material provided 3
in the bid specification.
3. If the department authorizes a substitution under subd. 2., the department 5
shall notify all bidders of the authorized substitution and allow all bidders for the 6
highway improvement for which the substitution was authorized to base their bids 7
on the authorized substitution.
4. The department may deny a substitution under subd. 2. only if the 9
department determines that the substitution would be detrimental to the highway 10
improvement for site-specific reasons. If the department denies a substitution 11
under subd. 2., the department shall notify all bidders of the denial in writing. The 12
notice under this subdivision shall include an explanation of the department's 13