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SB285,17,87 3. To all qualified responsible bidders if the office cancels the solicitation before
8the technical review committee reviews technical proposals.
SB285,17,129 (b) The department shall pay the fee to each qualified responsible bidder under
10par. (a) no later than 90 days after the department issues a notice of intent to award
11a contract, determines that it will not issue a notice of intent to award a contract, or
12cancels the solicitation.
SB285,17,1713 (c) In consideration for paying the fee, the department may use work product
14contained in an unsuccessful proposal in connection with any proposed or awarded
15design-build project without making any additional compensation to the
16design-builder. If an unsuccessful design-builder waives the stipulated fee, the
17department may not use work product in the design-builder's unsuccessful proposal.
SB285,17,19 18(12) Rules. The department may promulgate rules necessary to implement
19this section.
SB285,18,2 20(13) Appeals. (a) Any person aggrieved and directly affected by a decision of
21the office to issue a request for qualifications or a request for proposals under this
22section shall be entitled to judicial review of the decision as provided in chapter 227,
23subject to the procedural requirements of s. 227.53 (1). A person shall be considered
24a person aggrieved and directly affected by a decision of the office if any of the

1following apply to a request for qualifications or a request for proposals issued by the
2office under this section:
SB285,18,43 1. The request does not include qualifications, requirements, or other items
4required under this section.
SB285,18,65 2. The request does not comply with procedural requirements under this
6section.
SB285,18,77 3. The request contains material errors or omissions.
SB285,18,98 4. The request contains material discrepancies, deficiencies, or ambiguities
9that prevent a person from submitting a responsive proposal.
SB285,18,1110 5. The request indicates a bias against or preference for a specific
11design-builder.
SB285,18,1212 6. The request exceeds the department's authority.
SB285,18,1813 (b) Any person aggrieved and directly affected by a decision of the office to issue
14a notice of intent to award a contract under this section shall be entitled to judicial
15review of the decision as provided in chapter 227, subject to the procedural
16requirements of s. 227.53 (1). A person shall be considered a person aggrieved and
17directly affected by a decision of the office if any of the following apply to a notice of
18intent to award a contract under this section:
SB285,18,2019 1. The design-builder that received the notice of intent to award a contract was
20improperly certified as a qualified responsible bidder.
SB285,18,2221 2. A mathematical error was made in scoring any of the proposals that resulted
22in an improper intent to award a contract.
SB285,18,2523 3. There is evidence of collusion or fraud involving either the design-builder
24who received the notice of intent to award a contract or a member of the technical
25review committee.
SB285,19,1
14. There is evidence of bias of a member of the technical review committee.
SB285,19,62 5. There is evidence that a member of the technical review committee has a
3conflict of interest because the committee member, a member of his or her immediate
4family, as defined in s. 19.42 (7), or any organization or business with which the
5member is associated, as defined in s. 19.42 (2), may benefit from the intent to award
6a contract.
SB285,19,117 6. The technical proposal or cost proposal submitted by the design-builder who
8received the notice of intent to award a contract is not responsive to the request for
9proposals, contains conditions or qualifications not provided for in the request for
10proposals, or does not assign costs to all services identified in the technical proposal
11or is otherwise materially unbalanced.
SB285,19,2112 (c) If the office prevails upon judicial review, following any protest and
13appellate court proceedings, the office shall be entitled to recover all costs and
14charges included in the final order or judgment, excluding attorney's fees. Upon
15payment of costs and charges by the protester, the bond shall be returned. If the
16protesting party prevails, the protesting party shall be entitled to recover from the
17office all costs and charges included in the final order or judgment, excluding
18attorney's fees. The entire amount of the bond shall be forfeited if the hearing officer
19determines that a protest was filed for a frivolous or improper purpose, including but
20not limited to the purpose of harassing, causing unnecessary delay, or causing
21needless cost for the office or parties.
SB285,20,2 22(14) Deliverables. (a) No later than 3 months after the effective date of this
23act .... [LRB inserts date], the office shall prepare a report that establishes a program
24structure for delivering projects as required under this subsection. The report shall
25specify the types of highway improvement projects to be considered and procedures

1and timelines for the bid process. The office may not designate a highway
2improvement project as a design-build project prior to the completion of the report.
SB285,20,73 (b) No later than 6 months after the effective date of this act .... [LRB inserts
4date], the office shall prepare a design-build procurement manual that incorporates
5the requirements under this subsection and any applicable requirements under
6federal law. The manual shall be created by a committee that includes all of the
7following members:
SB285,20,88 1. The director.
SB285,20,119 2. Two employees of the department who represent the division of the
10department responsible for transportation project development and who each have
11not less than 5 years of experience in the transportation construction industry.
SB285,20,1412 3. One person representing a state association of transportation architectural,
13engineering, or design companies selected from a list of 3 individuals created by the
14majority leader of the senate.
SB285,20,1615 4. One person representing a state association of transportation construction
16companies selected from a list of 3 individuals created by the speaker of the assembly.
SB285,20,1917 5. One person representing a national trade group with a design-build
18certification program and experience in assisting states with the implementation of
19a design-build program.
SB285,21,320 (c) No later than December 31, 2026, the office shall submit a report the joint
21committee on finance and the senate and assembly standing committees having
22jurisdiction over transportation matters summarizing observations of the process
23utilized for alternative project delivery methods and describing the effectiveness of
24the alternative project delivery methods contracting procedures. The report shall
25include discussion on scope of work, history of projects selected, evaluation criteria,

1selection process, contract administration, work progression, time and cost
2comparisons between the traditional contracting method and alternative delivery
3methods, claims, and changes.
SB285,21,94 (d) No later than 6 months after receipt of the report required under par. (c),
5the joint committee on finance shall determine whether the alternative project
6delivery pilot program was successful in providing the department with additional
7tools that allow innovation, reduced project completion time, cost certainty, or
8reduced cost or other advantages or benefits and shall make a recommendation to
9the legislature as to whether the pilot program should be made permanent.
SB285,3 10Section 3 . 85.64 of the statutes is created to read:
SB285,21,11 1185.64 Office of innovative program delivery. (1) In this section:
SB285,21,1312 (a) “Director” means the director of the office of innovative program delivery
13attached to the department under s. 15.463 (1).
SB285,21,1514 (b) “Office” means the office of innovative program delivery attached to the
15department under s. 15.463 (1).
SB285,21,18 16(2) The secretary shall appoint a director who has no fewer than 5 years of
17experience in design-build project development and delivery specific to public
18transportation or public infrastructure construction.
SB285,21,19 19(3) The director shall do all of the following:
SB285,21,2020 (a) Perform the duties and functions required under s. 84.062.
SB285,21,2221 (b) Employ, supervise, and train personnel assigned to the office by the
22secretary.
SB285,21,2323 (c) Supervise all expenditures of the office.
SB285,21,24 24(4) The office shall perform the duties and functions required under s. 84.062.
SB285,4 25Section 4. Nonstatutory provisions.
SB285,22,12
1(1) Emergency rules. The department of transportation may use the procedure
2under s. 227.24 to promulgate emergency rules under s. 84.062 (5) to (7) for the period
3before the date on which permanent rules under s. 84.062 (5) to (7) take effect.
4Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
5subsection remain in effect until the first day of the 25th month beginning after the
6effective date of the emergency rule, the date on which the permanent rules take
7effect, of the effective date of the repeal of the emergency rule, whichever is earlier.
8Notwithstanding s. 227.24 (1) (a) and (3), the department of transportation is not
9required to provide evidence that promulgating a rule under this subsection as
10emergency rules is necessary for the preservation of public peace, health, safety, or
11welfare and is not required to provide a finding of emergency for a rule promulgated
12under this subsection.
SB285,22,1613 (2) Employees of the office of innovative program delivery. The secretary of
14the department of transportation shall assign from the department's existing
15position authority at least 1.0 FTE position to the office of innovative program
16delivery attached to the department of transportation.
SB285,22,1717 (End)
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