2019 - 2020 LEGISLATURE
June 24, 2019 - Offered by Senator Petrowski.
SB272-SSA1,1,2 1An Act to create 84.06 (2) (c) of the statutes; relating to: bids proposing the use
2of alternate subbase materials.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB272-SSA1,1 3Section 1 . 84.06 (2) (c) of the statutes is created to read:
SB272-SSA1,1,74 84.06 (2) (c) 1. In its facilities development manual, the department shall
5maintain a list of subbase materials and associated thicknesses of the materials that
6the department determines will provide equivalent structural properties for the
7purpose of highway improvement.
SB272-SSA1,2,38 2. Not less than 10 days prior to the opening of bids for a highway improvement,
9a bidder may request, in a manner specified by the department, authorization to base
10its bid on the use of a different material as a subbase than is provided in the bid
11specification. A request under this subdivision shall propose the use of a material

1included on the list under subd. 1. at a thickness that is equivalent, as calculated
2using the list under subd. 1., to the material and thickness of the material provided
3in the bid specification.
SB272-SSA1,2,74 3. If the department authorizes a substitution under subd. 2., the department
5shall notify all bidders of the authorized substitution and allow all bidders for the
6highway improvement for which the substitution was authorized to base their bids
7on the authorized substitution.
SB272-SSA1,2,138 4. The department may deny a substitution under subd. 2. only if the
9department determines that the substitution would be detrimental to the highway
10improvement for site-specific reasons. If the department denies a substitution
11under subd. 2., the department shall notify all bidders of the denial in writing. The
12notice under this subdivision shall include an explanation of the department's