AB56-ASA1,386,2421 (o) “Responsive technical proposal” means a proposal that clearly
22demonstrates a qualified responsible bidder's understanding of the design,
23engineering, and construction services to be performed and clearly describes the
24bidder's approach to the project.
AB56-ASA1,387,2
1(p) “Technical review committee” means the committee appointed under sub.
2(3).
AB56-ASA1,387,53 (q) “Value engineering change” means a proposal that provides for a product
4of equal or improved quality to the product required by the department and that will
5reduce the project cost, improve safety, or decrease the time to complete the project.
AB56-ASA1,387,10 6(2) Design-build projects. (a) The department shall administer a pilot
7program under which not more than 6 contracts are awarded for design-build
8projects to be completed no later than December 31, 2025. The director may not
9designate a project as a design-build project unless the department is able to clearly
10define the scope of work.
AB56-ASA1,387,1211 (b) The department may not expend more than $250,000,000 for 6 design-build
12contracts designated as follows:
AB56-ASA1,387,1413 1. One low bid design-build contract for a project with an estimated value of
14not less than $5,000,000 and not more than $25,000,000.
AB56-ASA1,387,1615 2. One best value design-build contract for a project with an estimated value
16of not less than $25,000,000 and not more than $75,000,000.
AB56-ASA1,387,1817 3. One fixed price variable scope design-build contract with an estimated value
18of not less than $25,000,000 and not more than $75,000,000.
AB56-ASA1,387,2219 4. Three contracts designated by the director with a total estimated value of not
20more than $125,000,000. The department may enter into a low bid design-build
21contract, best value design-build contract or a fixed price variable scope
22design-build contract under this subdivision.
AB56-ASA1,388,223 (c) For each project designated as a design-build project under par. (a), the
24office shall prepare a written analysis supporting the office's determination that it
25is the best interests of the state to make the designation. The written determination

1and supporting materials are subject to inspection under s. 19.35. The written
2analysis shall include all of the following:
AB56-ASA1,388,43 1. The extent to which the department can adequately define the project
4requirements in a proposed scope of design and construction.
AB56-ASA1,388,55 2. The impact on the projected project schedule and completion date.
AB56-ASA1,388,66 3. The impact on the projected cost of the project.
AB56-ASA1,388,77 4. The impact on the quality factors of the project.
AB56-ASA1,388,98 5. The availability of contractors with experience with design-build projects or
9other innovative project delivery methods.
AB56-ASA1,388,1110 6. The capability of the department to manage a design-build project with
11office employees and design consultants.
AB56-ASA1,388,1412 7. The capability of the department to oversee a design-build project with a
13contractor with experience with design-build projects or other innovative project
14delivery methods.
AB56-ASA1,388,1615 8. The availability of current department employees qualified to perform
16design and engineering services required for the design-build project.
AB56-ASA1,388,1717 9. The original character of the product or the services.
AB56-ASA1,388,1918 10. The statutory authority for the designation of the project as a design-build
19project and how the project furthers the department's statutory duties.
AB56-ASA1,388,2220 11. Whether the design-build project must comply with any federal rule or
21regulation or any U.S. department of transportation requirement and a statement
22that the design-build project is in compliance.
AB56-ASA1,388,2323 12. Any other criteria the office determines is necessary.
AB56-ASA1,389,224 (d) For each project designated under par. (a), the office shall solicit requests
25for qualifications, requests for proposals, and cost proposals as provided in this

1section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified
2responsible bidder.
AB56-ASA1,389,133 (e) No more than 6 months following the completion of a design-build project
4designated under this subsection, the office shall prepare a report, with input from
5the design-builder and the technical review committee, detailing the project, the
6decision to designate the project as a design-build project, the type of design-build
7contract let, and recommendations for statutory changes, if any. The office shall
8provide this report to the joint committee on finance and the senate and assembly
9standing committees having jurisdiction over transportation matters. The senate
10and assembly standing committees having jurisdiction over transportation matters
11shall schedule a hearing on the report not more than 30 days following distribution
12of the report by the chief clerks of the senate and the assembly. This paragraph does
13not apply to projects completed after December 31, 2025.
AB56-ASA1,389,16 14(3) Technical review committee. (a) The secretary shall appoint 5 individuals
15to a technical review committee to evaluate proposals submitted under this section.
16The committee shall consist of the following:
AB56-ASA1,389,1917 1. An employee of the department representing a regional office of the
18department who has at least 5 years of experience in the transportation construction
19industry.
AB56-ASA1,389,2220 2. Two employees of the department representing the division of the
21department responsible for transportation project development, each of whom have
22at least 5 years of experience in the transportation construction industry.
AB56-ASA1,389,2423 3. One person representing a state association of architectural, engineering, or
24design companies.
AB56-ASA1,390,2
14. One person representing a state association of transportation construction
2companies.
AB56-ASA1,390,73 (b) The secretary may not appoint to the technical review committee any person
4associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to
5the technical review committee may review proposals under this section when the
6proposed project could benefit the appointee or the appointee's immediate family, as
7defined in s. 19.42 (7).
AB56-ASA1,390,98 (c) A person appointed to the technical review committee is an agent of the
9department under s. 895.46.
AB56-ASA1,390,1110 (d) Except as otherwise provided in this section, all records of the technical
11review committee are open to public inspection and copying under s. 19.35 (1).
AB56-ASA1,390,17 12(4) Bids. The office shall solicit design-build proposals in 2 phases. In the first
13phase, the office shall solicit requests for qualifications under sub. (5) and requests
14for proposals under sub. (6). The technical review committee shall certify responsible
15bidders as provided in sub. (5) (c) and shall score technical proposals as provided in
16sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical
17review committee shall evaluate cost proposals as provided in sub. (7).
AB56-ASA1,390,19 18(5) Request for qualifications. (a) The office shall prepare a request for
19qualifications that includes all of the following:
AB56-ASA1,390,2120 1. Minimum required qualifications for certification as a qualified bidder,
21which shall include all of the following:
AB56-ASA1,390,2522 a. The design and construction experience of the design-builder or member,
23personnel, and contractors who will manage the design, engineering, and
24construction aspects of the project. The office may not require a level of experience
25that will unreasonably restrict competition.
AB56-ASA1,391,3
1b. A requirement that the design-builder or member employ an individual who
2has no fewer than 5 years of experience in highway construction specific to highway
3improvement projects in this state.
AB56-ASA1,391,54 c. A requirement that the design-builder or member be a design professional
5or will employ or contract with a design professional.
AB56-ASA1,391,86 d. A sworn statement of the design-builder's financial ability, equipment, and
7experience in design-build project delivery and any other information the office
8determines is necessary to determine a bidder's competency.
AB56-ASA1,391,109 2. Minimum required qualifications for certification as a responsible bidder,
10which shall include all of the following:
AB56-ASA1,391,1111 a. The design-builder is registered or authorized to do business in this state.
AB56-ASA1,391,1512 b. The design-builder submits a sworn statement that indicates that it has
13adequate financial resources to complete the work described in the request for
14qualifications, taking into account any other work the design-builder is currently
15under contract to complete.
AB56-ASA1,391,1816 c. The design-builder is bondable for the term of the proposed contract and is
17able to obtain a 100 percent performance bond and a separate 100 percent payment
18bond.
AB56-ASA1,392,319 d. If the department has previously contracted with the design-builder or a
20member, the design-builder or member has a record of satisfactorily completing
21projects. In making this determination, the technical review committee shall
22consider if the design-builder or the member has completed all contracts in
23accordance with drawings and specifications, diligently pursued execution of the
24work and completed contracts according to the time schedule, fulfilled guarantee
25requirements of contracts, and complied with applicable safety program

1requirements. The technical review committee may not consider whether a
2design-builder or member exercised legal rights specified in statute or rule or under
3a contract with the department.
AB56-ASA1,392,74 e. The design-builder or a member is not on a list maintained by the
5department identifying persons ineligible to bid due to suspension or debarment or
6on a list that the department of administration maintains for persons who violated
7statutory provisions or administrative rules relating to construction.
AB56-ASA1,392,88 f. The design-builder or a member has been in business for at least 12 months.
AB56-ASA1,392,119 g. The design-builder or a member has served as a prime contractor on no fewer
10than 5 projects administered by the department during the previous 5 calendar
11years.
AB56-ASA1,392,1412 h. The design-builder can provide information to the technical review
13committee upon request about ownership, management, and control of the
14design-builder.
AB56-ASA1,392,1715 i. The design-builder or a member has not been debarred from any government
16contracts and has not been found to have committed tax avoidance or evasion in any
17jurisdiction in the previous 10 years.
AB56-ASA1,392,1918 j. The design-builder has not been disciplined under a professional license in
19any jurisdiction in the previous 10 years.
AB56-ASA1,392,2220 k. No design professional employed by the design-builder or a member or that
21the design-builder will contract with has been disciplined in any jurisdiction under
22a license that is currently in use.
AB56-ASA1,392,2423 3. Information about bid procedures and the proposed project, including all of
24the following:
AB56-ASA1,392,2525 a. The type of contract to be awarded.
AB56-ASA1,393,1
1b. The selection criteria for recommendation of design-builders for phase 2.
AB56-ASA1,393,22 c. Project requirements, including a scope of work statement and a schedule.
AB56-ASA1,393,33 d. The required completion date of the project.
AB56-ASA1,393,44 e. A description of requirements for the technical proposal for the project.
AB56-ASA1,393,135 (b) The office shall advertise the request for qualifications by publication of a
6class 1 notice, as defined in s. 985.07 (1), in the official state newspaper and on the
7department's Internet site. The office may place similar notices in publications likely
8to inform potential bidders of the project. The office shall issue a request for
9qualifications or provide information as to where the request for qualifications may
10be obtained to any person, without regard to the qualifications of the person. The
11office shall include in all advertisements under this paragraph the location and scope
12of work, the amount of bid guarantee required, the date, time, and place of bid or
13proposal opening, and the date when and place where plans will be available.
AB56-ASA1,393,1814 (c) The technical review committee shall certify at least 2 but not more than 4
15design-builders as qualified responsible bidders. If the office does not receive at
16least 2 responses to the request for qualifications or if the technical review committee
17certifies only one design-builder as a qualified responsible bidder, the office may
18re-advertise or cancel the project.
AB56-ASA1,393,20 19(6) Request for proposals. (a) The office shall prepare a request for proposals
20for each design-build contract that includes all the following:
AB56-ASA1,393,2221 1. The name, title, address, and telephone numbers of persons to whom
22questions concerning the proposal should be directed.
AB56-ASA1,393,2523 2. The procedures to be followed for submitting proposals, including how
24proposals must be delivered, the date and time by which they must be received, and
25the name and address of the person who is to receive them.
AB56-ASA1,394,1
13. The date and time of the pre-proposal conference, if any.
AB56-ASA1,394,32 4. A requirement that a technical proposal and a cost proposal be submitted in
3separate sealed proposals at the same time.
AB56-ASA1,394,54 5. A clear description of the scope of all design, engineering, and construction
5work.
AB56-ASA1,394,66 6. The criteria for evaluating proposals and their relative weight, if applicable.
AB56-ASA1,394,97 7. The design criteria package, including a description of drawings,
8specifications, or other information to be submitted with the proposals, which shall
9allow the design-builder to use innovative projects meeting the criteria.
AB56-ASA1,394,1010 8. The project schedule and budget limits, if any.
AB56-ASA1,394,1111 9. The proposed terms and conditions of the contract.
AB56-ASA1,394,1312 10. Requirements relating to performance bonds, payments bonds, and
13insurance.
AB56-ASA1,394,1414 11. Amount of stipend, if any.
AB56-ASA1,394,1515 12. The procedures for awarding a contract.
AB56-ASA1,394,1716 13. A process for the technical review committee to review and accept
17alternative technical concepts and value engineering change proposals.
AB56-ASA1,394,2118 14. A requirement that the design-builder perform not less than 30 percent of
19the construction services under the contract with labor provided by employees of the
20design-builder or member and equipment owned or rented by the design-builder or
21member.
AB56-ASA1,394,2222 15. Any other information the office determines is necessary.
AB56-ASA1,394,2523 (b) The technical review committee shall evaluate each technical proposal,
24which may include a confidential interview, and shall assign points in accordance
25with the request for proposals and subject to all of the following:
AB56-ASA1,395,4
11. For a project that will be awarded as either a low bid design-build contract
2or a fixed price variable scope design-build contract, the technical review committee
3shall determine whether technical proposals are responsive to the request for
4proposals without ranking or scoring the proposals.
AB56-ASA1,395,145 2. For a project that will be awarded as a best value design-build contract, the
6technical review committee shall determine whether technical proposals are
7responsive to the request for proposals and score each responsive technical proposal
8as required by the request for proposals. The technical review committee may award
9not more than 20 percent of the points awarded to a technical proposal based on the
10design-builder's qualifications and ability to design, contract, and deliver the project
11in accordance with any deadline established in the request for proposals. The
12technical review committee may award a technical proposal not more than 55
13percent of the maximum number of combined points that may be awarded to a
14technical proposal and cost proposal.
AB56-ASA1,395,1815 (c) The office shall allow design-builders to include alternative technical
16concepts and value engineering changes in their proposals by describing the process
17for submission and evaluation of alternative technical concepts and value
18engineering changes in the request for proposals.
AB56-ASA1,395,2419 (d) The technical review committee may not consider a proposal responsive
20unless the proposal includes a conceptual design, critical path method, bar schedule
21of the work to be performed or similar schematic, design plans and specifications,
22technical reports, and all other information required by the request for proposals.
23The technical review committee may not consider any price or fee included in the
24technical proposal.
AB56-ASA1,396,4
1(e) The office shall notify the design-builder for each proposal that is
2determined to be responsive under par. (b) that the design-builder may submit a cost
3proposal under par. (7). The office shall reject all proposals that are determined to
4be nonresponsive under par. (b).
AB56-ASA1,396,9 5(7) Cost proposals. (a) Design-builders notified under sub. (6) (e) may submit
6a cost proposal and the proposal shall include a fixed cost of design, engineering, and
7construction services prepared by a design professional that contains all design,
8engineering, construction, and quality assurance and quality control costs of the
9project.
AB56-ASA1,396,1510 (b) The technical review committee may open cost proposals only after the
11technical proposals have been reviewed as provided in sub. (6). At the time and place
12specified in the request for proposals, the technical review committee shall open cost
13proposals, read the proposals aloud, and, for a project that will be awarded as a best
14value design-build contract, make public the committee's scoring of the technical
15proposals.
AB56-ASA1,396,1716 (c) Following a review of cost proposals, the department may issue a notice of
17intent to award a contract, subject to all of the following:
AB56-ASA1,396,2018 1. For a low bid design-build contract, the contract shall be awarded to the
19qualified responsible bidder that submitted a responsive technical proposal and also
20submitted the lowest responsive cost proposal.
AB56-ASA1,396,2521 2. For a fixed price variable scope design-build contract, the contract shall be
22awarded to the qualified responsible bidder that submitted a responsive technical
23proposal and that submitted a responsive cost proposal that provides the maximum
24amount of services for the maximum fixed price set by the office or for an amount that
25is less than the maximum fixed price.
AB56-ASA1,397,12
13. For a best value design-build contract, the contract shall be awarded to the
2qualified responsible bidder with the highest adjusted score, which shall be
3calculated by adding the bidder's technical proposal score to the bidder's cost
4proposal score. The technical review committee shall award the lowest qualified
5responsible bidder the maximum number of points that may be awarded to a cost
6proposal under the request for proposals, but not less than 45 percent and not more
7than 75 percent of the maximum number of combined points that may be awarded
8to a technical proposal and cost proposal. For each remaining qualified responsible
9bidder, the technical review committee shall calculate the score for the cost proposal
10by reducing the maximum number of points that may be awarded to the cost proposal
11by at least 1 percent for each percentage point by which the cost proposal exceeds the
12lowest cost proposal.
AB56-ASA1,397,2113 (d) Following a review of cost proposals, the office may reject all proposals. If
14the office rejects all proposals or does not execute a contract after issuing an intent
15to award a contract under par. (c), the office may reissue the request for proposals
16and allow only the qualified responsible bidders originally notified under sub. (6) (e)
17to submit new proposals. The office may pay a reasonable stipulated fee to each
18design-builder that provides a responsive but unsuccessful proposal in response to
19the reissued request for proposals. If the reissued request for proposals specifies a
20maximum fixed price, the office may not award a stipend to a design-builder whose
21proposal exceeds that price.
AB56-ASA1,397,2422 (e) Not less than 5 working days prior to executing a design-build contract, the
23department shall provide notice to each unsuccessful qualified responsible bidder
24that a notice of intent to award a contract has been issued.
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