AB68-ASA2,313,1514 84.062 (1) (p) “Technical review committee” means the committee appointed
15under sub. (3).
AB68-ASA2,297 16Section 297. 84.062 (2) of the statutes is repealed and recreated to read:
AB68-ASA2,313,2117 84.062 (2) Design-build projects. (a) The department shall administer a pilot
18program under which not more than 6 contracts are awarded for design-build
19projects to be completed no later than December 31, 2025. The director may not
20designate a project as a design-build project unless the department is able to clearly
21define the scope of work.
AB68-ASA2,313,2322 (b) The department may not expend more than $250,000,000 for 6 design-build
23contracts designated as follows:
AB68-ASA2,313,2524 1. One low bid design-build contract for a project with an estimated value of
25not less than $5,000,000 and not more than $25,000,000.
AB68-ASA2,314,2
12. One best value design-build contract for a project with an estimated value
2of not less than $25,000,000 and not more than $75,000,000.
AB68-ASA2,314,43 3. One fixed price variable scope design-build contract with an estimated value
4of not less than $25,000,000 and not more than $75,000,000.
AB68-ASA2,314,85 4. Three contracts designated by the director with a total estimated value of not
6more than $125,000,000. The department may enter into a low bid design-build
7contract, best value design-build contract, or fixed price variable scope design-build
8contract under this subdivision.
AB68-ASA2,314,139 (c) For each project designated as a design-build project under par. (b), the
10office shall prepare a written analysis supporting the office's determination that it
11is in the best interests of the state to make the designation. The written analysis and
12supporting materials are subject to inspection under s. 19.35. The written analysis
13shall include all of the following:
AB68-ASA2,314,1514 1. The extent to which the department can adequately define the project
15requirements in a proposed scope of design and construction.
AB68-ASA2,314,1616 2. The impact on the projected project schedule and completion date.
AB68-ASA2,314,1717 3. The impact on the projected cost of the project.
AB68-ASA2,314,1818 4. The impact on the quality factors of the project.
AB68-ASA2,314,2019 5. The availability of contractors with experience with design-build projects or
20other innovative project delivery methods.
AB68-ASA2,314,2221 6. The capability of the department to manage a design-build project with
22office employees and design consultants.
AB68-ASA2,314,2523 7. The capability of the department to oversee a design-build project with a
24contractor with experience with design-build projects or other innovative project
25delivery methods.
AB68-ASA2,315,2
18. The availability of current department employees qualified to perform
2design and engineering services required for the design-build project.
AB68-ASA2,315,33 9. The original character of the product or the services.
AB68-ASA2,315,54 10. The statutory authority for the designation of the project as a design-build
5project and how the project furthers the department's statutory duties.
AB68-ASA2,315,86 11. Whether the design-build project must comply with any federal rule or
7regulation or any U.S. department of transportation requirement and a statement
8that the design-build project is in compliance.
AB68-ASA2,315,99 12. Any other criteria the office determines is necessary.
AB68-ASA2,315,1310 (d) For each project designated under par. (b), the office shall solicit requests
11for qualifications, requests for proposals, and cost proposals as provided in this
12section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified
13responsible bidder.
AB68-ASA2,315,2414 (e) No more than 6 months following the completion of a design-build project
15designated under par. (b), the office shall prepare a report, with input from the
16design-builder and the technical review committee, detailing the project, the
17decision to designate the project as a design-build project, the type of design-build
18contract let, and recommendations for statutory changes, if any. The office shall
19provide this report to the joint committee on finance and the senate and assembly
20standing committees having jurisdiction over transportation matters. The senate
21and assembly standing committees having jurisdiction over transportation matters
22shall schedule a hearing on the report not more than 30 days following distribution
23of the report by the chief clerks of the senate and the assembly. This paragraph does
24not apply to projects completed after December 31, 2025.
AB68-ASA2,298 25Section 298. 84.062 (3) of the statutes is created to read:
AB68-ASA2,316,3
184.062 (3) Technical review committee. (a) The secretary shall appoint 5
2individuals to a technical review committee to evaluate proposals submitted under
3this section. The committee shall consist of the following:
AB68-ASA2,316,64 1. An employee of the department representing a regional office of the
5department who has at least 5 years of experience in the transportation construction
6industry.
AB68-ASA2,316,97 2. Two employees of the department representing the division of the
8department responsible for transportation project development, each of whom have
9at least 5 years of experience in the transportation construction industry.
AB68-ASA2,316,1110 3. One person representing a state association of architectural, engineering, or
11design companies.
AB68-ASA2,316,1312 4. One person representing a state association of transportation construction
13companies.
AB68-ASA2,316,1814 (b) The secretary may not appoint to the technical review committee any person
15associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to
16the technical review committee may review proposals under this section when the
17proposed project could benefit the appointee or the appointee's immediate family, as
18defined in s. 19.42 (7).
AB68-ASA2,316,2019 (c) A person appointed to the technical review committee is an agent of the
20department under s. 895.46.
AB68-ASA2,316,2221 (d) Except as otherwise provided in this section, all records of the technical
22review committee are open to public inspection and copying under s. 19.35 (1).
AB68-ASA2,299 23Section 299. 84.062 (4) of the statutes is created to read:
AB68-ASA2,317,424 84.062 (4) Bids. The office shall solicit design-build proposals in 2 phases. In
25the first phase, the office shall solicit requests for qualifications under sub. (5) and

1requests for proposals under sub. (6). The technical review committee shall certify
2responsible bidders as provided in sub. (5) (c) and shall score technical proposals as
3provided in sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and
4the technical review committee shall evaluate cost proposals as provided in sub. (7).
AB68-ASA2,300 5Section 300. 84.062 (5) (a) 1. a. of the statutes is amended to read:
AB68-ASA2,317,96 84.062 (5) (a) 1. a. The design and construction experience of the
7design-builder or member, personnel, and contractors who will manage the design,
8engineering, and construction aspects of the project. The office may not require a
9level of experience that will unreasonably restrict competition.
AB68-ASA2,301 10Section 301. 84.062 (5) (a) 2. d. of the statutes is amended to read:
AB68-ASA2,317,2011 84.062 (5) (a) 2. d. If the department has previously contracted with the
12design-builder or a member, the design-builder or member has a record of
13satisfactorily completing projects. In making this determination, the technical
14review committee shall consider whether the design-builder or member has
15completed all contracts in accordance with drawings and specifications, diligently
16pursued execution of the work and completed contracts according to the time
17schedule, fulfilled guarantee requirements of contracts, and complied with
18applicable safety program requirements. The technical review committee may not
19consider whether the design-builder or member exercised legal rights specified in
20statute or rule or under a contract with the department.
AB68-ASA2,302 21Section 302. 84.062 (5) (a) 2. f. of the statutes is created to read:
AB68-ASA2,317,2322 84.062 (5) (a) 2. f. The design-builder or a member has been in business for at
23least 12 months.
AB68-ASA2,303 24Section 303. 84.062 (5) (a) 2. g. of the statutes is amended to read:
AB68-ASA2,318,3
184.062 (5) (a) 2. g. The design-builder or a member has served as a prime
2contractor on no fewer than 5 projects administered by the department during the
3previous 5 calendar years
.
AB68-ASA2,304 4Section 304. 84.062 (5) (a) 2. h. of the statutes is amended to read:
AB68-ASA2,318,75 84.062 (5) (a) 2. h. The design-builder can provide information to the technical
6review committee
upon request about ownership, management, and control of the
7design-builder.
AB68-ASA2,305 8Section 305. 84.062 (5) (a) 2. j. of the statutes is created to read:
AB68-ASA2,318,109 84.062 (5) (a) 2. j. The design-builder has not been disciplined under a
10professional license in any jurisdiction in the previous 10 years.
AB68-ASA2,306 11Section 306. 84.062 (5) (b) of the statutes is amended to read:
AB68-ASA2,318,2112 84.062 (5) (b) The office shall advertise the request for qualifications by
13publication of a class 1 notice, as defined in s. 985.07 (1), in the official state
14newspaper and on the department's Internet site. The office may place similar
15notices in publications likely to inform potential bidders of the project. The office
16shall issue a request for qualifications or provide information as to where the request
17for qualifications may be obtained to any person, without regard to the qualifications
18of the person. The office shall include in all advertisements under this paragraph
19the location and scope of work; the amount of bid guarantee required; the date, time,
20and place of bid or proposal opening; and the date when and place where plans will
21be available
.
AB68-ASA2,307 22Section 307. 84.062 (5) (c) of the statutes is created to read:
AB68-ASA2,319,223 84.062 (5) (c) The technical review committee shall certify at least 2 but not
24more than 4 design-builders as qualified responsible bidders. If the office does not
25receive at least 2 responses to the request for qualifications or if the technical review

1committee certifies only one design-builder as a qualified responsible bidder, the
2office may re-advertise or cancel the project.
AB68-ASA2,308 3Section 308. 84.062 (6) (a) 13. of the statutes is amended to read:
AB68-ASA2,319,54 84.062 (6) (a) 13. A process for the technical review committee to review and
5accept alternative technical concepts and value engineering change proposals.
AB68-ASA2,309 6Section 309. 84.062 (6) (a) 14. of the statutes is created to read:
AB68-ASA2,319,107 84.062 (6) (a) 14. A requirement that the design-builder perform not less than
830 percent of the construction services under the contract with labor provided by
9employees of the design-builder or member and equipment owned or rented by the
10design-builder or member.
AB68-ASA2,310 11Section 310. 84.062 (6) (b) of the statutes is created to read:
AB68-ASA2,319,1412 84.062 (6) (b) The technical review committee shall evaluate each technical
13proposal, which may include a confidential interview, and shall assign points in
14accordance with the request for proposals and subject to all of the following:
AB68-ASA2,319,1815 1. For a project that will be awarded as either a low bid design-build contract
16or a fixed price variable scope design-build contract, the technical review committee
17shall determine whether technical proposals are responsive to the request for
18proposals without ranking or scoring the proposals.
AB68-ASA2,320,319 2. For a project that will be awarded as a best value design-build contract, the
20technical review committee shall determine whether technical proposals are
21responsive to the request for proposals and score each responsive technical proposal
22as required by the request for proposals. The technical review committee may award
23not more than 20 percent of the points awarded to a technical proposal on the basis
24of the design-builder's qualifications and ability to design, contract, and deliver the
25project in accordance with any deadline established in the request for proposals. The

1technical review committee may award a technical proposal not more than 55
2percent of the maximum number of combined points that may be awarded to a
3technical proposal and cost proposal.
AB68-ASA2,311 4Section 311. 84.062 (6) (c) of the statutes is created to read:
AB68-ASA2,320,85 84.062 (6) (c) The office shall allow design-builders to include alternative
6technical concepts and value engineering changes in their proposals by describing
7the process for submission and evaluation of alternative technical concepts and
8value engineering changes in the request for proposals.
AB68-ASA2,312 9Section 312. 84.062 (6) (d) of the statutes is created to read:
AB68-ASA2,320,1510 84.062 (6) (d) The technical review committee may not consider a proposal
11responsive unless the proposal includes a conceptual design, critical path method,
12bar schedule of the work to be performed or similar schematic, design plans and
13specifications, technical reports, and all other information required by the request
14for proposals. The technical review committee may not consider any price or fee
15included in the technical proposal.
AB68-ASA2,313 16Section 313. 84.062 (6) (e) of the statutes is created to read:
AB68-ASA2,320,2017 84.062 (6) (e) The office shall notify the design-builder for each proposal that
18is determined to be responsive under par. (b) that the design-builder may submit a
19cost proposal under sub. (7). The office shall reject all proposals that are determined
20to be nonresponsive under par. (b).
AB68-ASA2,314 21Section 314. 84.062 (6) (f) of the statutes is renumbered 84.062 (7) (f) and
22amended to read:
AB68-ASA2,320,2523 84.062 (7) (f) The department and the technical review committee shall
24maintain the confidentiality of information provided by design-builders as required
25by s. 84.01 (32).
AB68-ASA2,315
1Section 315. 84.062 (7) of the statutes is created to read:
AB68-ASA2,321,62 84.062 (7) Cost proposals. (a) Design-builders notified under sub. (6) (e) may
3submit a cost proposal, and the proposal shall include a fixed cost of design,
4engineering, and construction services prepared by a design professional that
5contains all design, engineering, construction, and quality assurance and quality
6control costs of the project.
AB68-ASA2,321,127 (b) The technical review committee may open cost proposals only after the
8technical proposals have been reviewed as provided in sub. (6). At the time and place
9specified in the request for proposals, the technical review committee shall open cost
10proposals, read the proposals aloud, and, for a project that will be awarded as a best
11value design-build contract, make public the committee's scoring of the technical
12proposals.
AB68-ASA2,321,1413 (c) Following a review of cost proposals, the department may issue a notice of
14intent to award a contract, subject to all of the following:
AB68-ASA2,321,1715 1. For a low bid design-build contract, the contract shall be awarded to the
16qualified responsible bidder that submitted a responsive technical proposal and
17submitted the lowest responsive cost proposal.
AB68-ASA2,321,2218 2. For a fixed price variable scope design-build contract, the contract shall be
19awarded to the qualified responsible bidder that submitted a responsive technical
20proposal and that submitted a responsive cost proposal that provides the maximum
21amount of services for the maximum fixed price set by the office or for an amount that
22is less than the maximum fixed price.
AB68-ASA2,322,923 3. For a best value design-build contract, the contract shall be awarded to the
24qualified responsible bidder with the highest adjusted score, which shall be
25calculated by adding the bidder's technical proposal score to the bidder's cost

1proposal score. The technical review committee shall award the lowest qualified
2responsible bidder the maximum number of points that may be awarded to a cost
3proposal under the request for proposals, but not less than 45 percent and not more
4than 75 percent of the maximum number of combined points that may be awarded
5to a technical proposal and cost proposal. For each remaining qualified responsible
6bidder, the technical review committee shall calculate the score for the cost proposal
7by reducing the maximum number of points that may be awarded to the cost proposal
8by at least 1 percent for each percentage point by which the cost proposal exceeds the
9lowest cost proposal.
AB68-ASA2,322,1810 (d) Following a review of cost proposals, the office may reject all proposals. If
11the office rejects all proposals or does not execute a contract after issuing an intent
12to award a contract under par. (c), the office may reissue the request for proposals
13and allow only the qualified responsible bidders originally notified under sub. (6) (e)
14to submit new proposals. The office may pay a reasonable stipulated fee to each
15design-builder that provides a responsive but unsuccessful proposal in response to
16the reissued request for proposals. If the reissued request for proposals specifies a
17maximum fixed price, the office may not award a stipend to a design-builder whose
18proposal exceeds that price.
AB68-ASA2,322,2119 (e) Not fewer than 5 working days prior to executing a design-build contract,
20the department shall provide notice to each unsuccessful qualified responsible
21bidder that a notice of intent to award a contract has been issued.
AB68-ASA2,316 22Section 316. 84.062 (8) of the statutes is created to read:
AB68-ASA2,322,2323 84.062 (8) Contract award. (a) In this subsection:
AB68-ASA2,323,3
11. “Construction services” means work necessary to construct a project,
2including trucking services and materials purchased regardless of whether the
3materials are installed by the design-builder.
AB68-ASA2,323,64 2. “Specialty services” means work related to sanitary sewer systems, water
5main systems, staking, electrical, landscaping and erosion control, traffic control,
6signing, pavement marking, fencing, and other work identified by the office.
AB68-ASA2,323,117 (b) No later than 10 days following the issuance of a notice of intent to award
8a design-build contract under sub. (7) (c), the office shall verify that the
9design-builder will perform not less than 30 percent of the construction services
10under the contract with labor provided by employees of the design-builder or
11member and equipment owned or rented by the design-builder or member.
AB68-ASA2,323,1412 (c) The design-builder shall submit to the office in the form prescribed by the
13office documentation of the construction services the design-builder or member will
14perform and the dollar value of the services.
AB68-ASA2,323,2215 (d) The office shall calculate the percentage of total construction services
16identified in the contract to be performed by the design-builder or member by
17subtracting the value of specialty services to be performed from the total contract
18amount and dividing the dollar value of construction services to be performed by the
19design-builder or member by the difference. If the value of construction services to
20be performed by the design-builder or member is less than 30 percent of the value
21of all construction services required under the contract, the office shall cancel the
22contract award.
AB68-ASA2,317 23Section 317. 84.062 (11) of the statutes is created to read:
AB68-ASA2,324,3
184.062 (11) Stipulated fee. (a) The department shall award a stipulated fee
2of not less than three-tenths of 1 percent of the department's estimated cost of design
3and construction as follows:
AB68-ASA2,324,74 1. To each qualified responsible bidder that provides a responsive but
5unsuccessful proposal when the office issues a notice of intent to award a contract.
6If the request for proposals specifies a maximum fixed price, the office may not award
7a fee to a proposal that exceeds the maximum fixed price.
AB68-ASA2,324,98 2. To all qualified responsible bidders that provide a responsive proposal if the
9office does not issue a notice of intent to award a contract.
AB68-ASA2,324,1110 3. To all qualified responsible bidders if the office cancels the solicitation before
11the technical review committee reviews technical proposals.
AB68-ASA2,324,1512 (b) The department shall pay the fee to each qualified responsible bidder under
13par. (a) no later than 90 days after the department issues a notice of intent to award
14a contract, determines that it will not issue a notice of intent to award a contract, or
15cancels the solicitation.
AB68-ASA2,324,2016 (c) In consideration for paying the fee, the department may use work product
17contained in an unsuccessful proposal in connection with any proposed or awarded
18design-build project without making any additional compensation to the
19design-builder. If an unsuccessful design-builder waives the fee, the department
20may not use work product in the design-builder's unsuccessful proposal.
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