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.