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AB820,24 18Section 24 . 84.062 (6) (b) of the statutes is created to read:
AB820,7,2119 84.062 (6) (b) The technical review committee shall evaluate each technical
20proposal, which may include a confidential interview, and shall assign points in
21accordance with the request for proposals and subject to all of the following:
AB820,7,2522 1. For a project that will be awarded as either a low bid design-build contract
23or a fixed price variable scope design-build contract, the technical review committee
24shall determine whether technical proposals are responsive to the request for
25proposals without ranking or scoring the proposals.
AB820,8,10
12. For a project that will be awarded as a best value design-build contract, the
2technical review committee shall determine whether technical proposals are
3responsive to the request for proposals and score each responsive technical proposal
4as required by the request for proposals. The technical review committee may award
5not more than 20 percent of the points awarded to a technical proposal based on the
6design-builder's qualifications and ability to design, contract, and deliver the project
7in accordance with any deadline established in the request for proposals. The
8technical review committee may award a technical proposal not less than 25 percent
9and not more than 60 percent of the maximum number of combined points that may
10be awarded to a technical proposal and cost proposal.
AB820,25 11Section 25 . 84.062 (6) (c) of the statutes is created to read:
AB820,8,1512 84.062 (6) (c) The department shall allow design-builders to include
13alternative technical concepts and value engineering changes in their proposals by
14describing the process for submission and evaluation of alternative technical
15concepts and value engineering changes in the request for proposals.
AB820,26 16Section 26 . 84.062 (6) (d) of the statutes is created to read:
AB820,8,2217 84.062 (6) (d) The technical review committee may not consider a proposal
18responsive unless the proposal includes a conceptual design, critical path method,
19bar schedule of the work to be performed or similar schematic, design plans and
20specifications, technical reports, and all other information required by the request
21for proposals. The technical review committee may not consider any price or fee
22included in the technical proposal.
AB820,27 23Section 27 . 84.062 (6) (e) of the statutes is created to read:
AB820,9,224 84.062 (6) (e) The department shall notify the design-builder for each proposal
25that is determined to be responsive under par. (b) that the design-builder may

1submit a cost proposal under par. (7). The department shall reject all proposals that
2are determined to be nonresponsive under par. (b).
AB820,28 3Section 28 . 84.062 (6) (f) of the statutes, as created by 2019 Wisconsin Act 9,
4is renumbered 84.062 (7) (f).
AB820,29 5Section 29 . 84.062 (7) of the statutes is created to read:
AB820,9,106 84.062 (7) Cost proposals. (a) Design-builders notified under sub. (6) (e) may
7submit a cost proposal and the proposal shall include a fixed cost of design,
8engineering, and construction services prepared by a design professional that
9contains all design, engineering, construction, and quality assurance and quality
10control costs of the project.
AB820,9,1611 (b) The technical review committee may open cost proposals only after the
12technical proposals have been reviewed as provided in sub. (6). At the time and place
13specified in the request for proposals, the technical review committee shall open cost
14proposals, read the proposals aloud, and, for a project that will be awarded as a best
15value design-build contract, make public the committee's scoring of the technical
16proposals.
AB820,9,1817 (c) Following a review of cost proposals, the department may issue a notice of
18intent to award a contract, subject to all of the following:
AB820,9,2119 1. For a low bid design-build contract, the contract shall be awarded to the
20qualified responsible bidder that submitted a responsive technical proposal and also
21submitted the lowest responsive cost proposal.
AB820,9,2422 2. For a fixed price variable scope design-build contract, the contract shall be
23awarded to the qualified responsible bidder that submitted a responsive technical
24proposal and that submitted a responsive cost proposal that provides the maximum

1amount of services for the maximum fixed price set by the department or for an
2amount that is less than the maximum fixed price.
AB820,10,143 3. For a best value design-build contract, the contract shall be awarded to the
4qualified responsible bidder with the highest adjusted score, which shall be
5calculated by adding the bidder's technical proposal score to the bidder's cost
6proposal score. The technical review committee shall award the lowest qualified
7responsible bidder the maximum number of points that may be awarded to a cost
8proposal under the request for proposals, but not less than 40 percent and not more
9than 75 percent of the maximum number of combined points that shall be awarded
10to a technical proposal and cost proposal. For each remaining qualified responsible
11bidder, the technical review committee shall calculate the score for the cost proposal
12by reducing the maximum number of points that may be awarded to the cost proposal
13by 1 percent for each percentage point by which the cost proposal exceeds the lowest
14cost proposal.
AB820,10,2315 (d) Following a review of cost proposals, the department may reject all
16proposals. If the department rejects all proposals or does not execute a contract after
17issuing an intent to award a contract under par. (c), the department may reissue the
18request for proposals and allow only the qualified responsible bidders originally
19notified under sub. (6) (e) to submit new proposals. The department shall pay a
20reasonable stipulated fee to each design-builder that provides a responsive but
21unsuccessful proposal in response to the reissued request for proposals. If the
22reissued request for proposals specifies a maximum fixed price, the department may
23not award a stipend to a design-builder whose proposal exceeds that price.
AB820,11,3
1(e) Not less than 5 working days prior to executing a design-build contract, the
2department shall provide notice to each unsuccessful qualified responsible bidder
3that a notice of intent to award a contract has been issued.
AB820,30 4Section 30 . 84.062 (8) of the statutes is created to read:
AB820,11,55 84.062 (8) Contract award. (a) In this subsection:
AB820,11,86 1. “Construction services” means work necessary to construct a project,
7including trucking services and materials purchased regardless of whether the
8materials are installed by the design-builder.
AB820,11,119 2. “Specialty services” means work related to sanitary sewer systems, water
10main systems, staking, electrical, landscaping and erosion control, traffic control,
11signing, pavement marking, fencing, and other work identified by the department.
AB820,11,1612 (b) No later than 10 days following the issuance of a notice of intent to award
13a design-build contract, the department shall verify that the design-builder will
14perform not less than 30 percent of the construction services under the contract with
15labor provided by employees of the design-builder or member and equipment owned
16or rented by the design-builder or member.
AB820,11,1917 (c) The design-builder shall submit to the department in the form prescribed
18by the department documentation of the construction services the design-builder or
19members will perform and the dollar value of the services.
AB820,12,220 (d) The department shall calculate the percentage of total construction services
21identified in the contract to be performed by the design-builder or members by
22subtracting the value of specialty services to be performed from the total contract
23amount and dividing the dollar value of construction services to be performed by the
24design-builder or members by the difference. If the value of construction services
25to be performed by the design-builder or members is less than 30 percent of the value

1of all construction services required under the contract, the department shall cancel
2the contract award.
AB820,31 3Section 31 . 84.062 (11) of the statutes is created to read:
AB820,12,64 84.062 (11) Stipulated fee. (a) The department shall award a stipulated fee
5of not less than three-tenths of 1 percent of the department's estimated cost of design
6and construction as follows:
AB820,12,107 1. To each qualified responsible bidder that provides a responsive but
8unsuccessful proposal when the department issues a notice of intent to award a
9contract. If the request for proposals specifies a maximum fixed price, the
10department may not award a fee to a proposal that exceeds the maximum fixed price.
AB820,12,1211 2. To all qualified responsible bidders that provide a responsive proposal, if the
12department does not issue a notice of intent to award a contract.
AB820,12,1413 3. To all qualified responsible bidders if the department cancels the solicitation
14before the technical review committee reviews technical proposals.
AB820,12,1815 (b) The department shall pay the fee to each qualified responsible bidder under
16par. (a) no later than 90 days after the department issues a notice of intent to award
17a contract, determines that it will not issue a notice of intent to award a contract, or
18cancels the solicitation.
AB820,12,2319 (c) In consideration for paying the fee, the department may use work product
20contained in an unsuccessful proposal in connection with any proposed or awarded
21design-build project without making any additional compensation to the
22design-builder. If an unsuccessful design-builder waives the stipulated fee, the
23department may not use work product in the design-builder's unsuccessful proposal.
AB820,32 24Section 32 . 84.062 (13) of the statutes is created to read:
AB820,13,7
184.062 (13) Appeals. (a) Any person aggrieved and directly affected by a
2decision of the department to issue a request for qualifications or a request for
3proposals under this section shall be entitled to judicial review of the decision as
4provided in ch. 227, subject to the procedural requirements of s. 227.53 (1). A person
5shall be considered a person aggrieved and directly affected by a decision of the
6department if any of the following applies to a request for qualifications or a request
7for proposals issued by the department under this section:
AB820,13,98 1. The request does not include qualifications, requirements, or other items
9required under this section.
AB820,13,1110 2. The request does not comply with procedural requirements under this
11section.
AB820,13,1212 3. The request contains material errors or omissions.
AB820,13,1413 4. The request contains material discrepancies, deficiencies, or ambiguities
14that prevent a person from submitting a responsive proposal.
AB820,13,1615 5. The request indicates a bias against or preference for a specific
16design-builder.
AB820,13,1717 6. The request exceeds the department's authority.
AB820,13,2318 (b) Any person aggrieved and directly affected by a decision of the department
19to issue a notice of intent to award a contract under this section shall be entitled to
20judicial review of the decision as provided in ch. 227, subject to the procedural
21requirements of s. 227.53 (1). A person shall be considered a person aggrieved and
22directly affected by a decision of the department if any of the following applies to a
23notice of intent to award a contract under this section:
AB820,13,2524 1. The design-builder that received the notice of intent to award a contract was
25improperly certified as a qualified responsible bidder.
AB820,14,2
12. A mathematical error was made in scoring any of the proposals that resulted
2in an improper intent to award a contract.
AB820,14,53 3. There is evidence of collusion or fraud involving either the design-builder
4who received the notice of intent to award a contract or a member of the technical
5review committee.
AB820,14,66 4. There is evidence of bias of a member of the technical review committee.
AB820,14,117 5. There is evidence that a member of the technical review committee has a
8conflict of interest because the committee member, a member of his or her immediate
9family, as defined in s. 19.42 (7), or any organization or business with which the
10member is associated, as defined in s. 19.42 (2), may benefit from the intent to award
11a contract.
AB820,14,1612 6. The technical proposal or cost proposal submitted by the design-builder who
13received the notice of intent to award a contract is not responsive to the request for
14proposals, contains conditions or qualifications not provided for in the request for
15proposals, or does not assign costs to all services identified in the technical proposal
16or is otherwise materially unbalanced.
AB820,15,217 (c) If the department prevails upon judicial review, following any protest and
18appellate court proceedings, the department shall be entitled to recover all costs and
19charges included in the final order or judgment, excluding attorney fees. Upon
20payment of costs and charges by the protester, the bond shall be returned. If the
21protesting party prevails, the protesting party shall be entitled to recover from the
22department all costs and charges included in the final order or judgment, excluding
23attorney fees. The entire amount of the bond shall be forfeited if the hearing officer
24determines that a protest was filed for a frivolous or improper purpose, including but

1not limited to the purpose of harassing, causing unnecessary delay, or causing
2needless cost for the department or parties.
AB820,33 3Section 33 . 84.062 (14) of the statutes is created to read:
AB820,15,104 84.062 (14) Deliverables. (a) No later than 9 months after the effective date
5of this section .... [LRB inserts date], the department shall prepare a report that
6establishes a program structure for delivering projects as required under this
7subsection. The report shall specify the types of highway improvement projects to
8be considered and procedures and timelines for the bid process. The department may
9not designate a highway improvement project as a design-build project prior to the
10completion of the report.
AB820,15,1311 (b) The department shall prepare a design-build procurement manual that
12incorporates the requirements under this subsection and any applicable
13requirements under federal law.
AB820,15,2314 (c) No later than December 31, 2027, the department shall submit a report to
15the transportation projects commission, the joint committee on finance, and the
16senate and assembly standing committees having jurisdiction over transportation
17matters summarizing observations of the process utilized for alternative project
18delivery methods and describing the effectiveness of the alternative project delivery
19methods contracting procedures. The report shall include discussion on scope of
20work, history of projects selected, evaluation criteria, selection process, contract
21administration, work progression, and time and cost comparisons between the
22traditional contracting method and alternative delivery methods, claims, and
23changes.
AB820,16,424 (d) No later than 6 months after receipt of the report required under par. (c),
25the joint committee on finance shall determine whether the alternative project

1delivery program was successful in providing the department with additional tools
2that allow innovation, reduced project completion time, cost certainty, or reduced
3cost or other advantages or benefits and shall make a recommendation to the
4legislature as to whether the program should continue.
AB820,34 5Section 34 . Nonstatutory provisions.
AB820,16,176 (1) Emergency rules relating to alternative project delivery. The
7department of transportation may use the procedure under s. 227.24 to promulgate
8emergency rules under s. 84.062 (5) to (7) for the period before the date on which
9permanent rules under s. 84.062 (5) to (7) take effect. Notwithstanding s. 227.24 (1)
10(c) and (2), emergency rules promulgated under this subsection remain in effect until
11the first day of the 25th month beginning after the effective date of the emergency
12rule, the date on which the permanent rules take effect, or the effective date of the
13repeal of the emergency rule, whichever is earlier. Notwithstanding s. 227.24 (1) (a)
14and (3), the department of transportation is not required to provide evidence that
15promulgating a rule under this subsection as emergency rules is necessary for the
16preservation of public peace, health, safety, or welfare and is not required to provide
17a finding of emergency for a rule promulgated under this subsection.
AB820,16,1818 (End)
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