AB68-ASA2,324,20 (c) In consideration for paying the fee, the department may use work product contained in an unsuccessful proposal in connection with any proposed or awarded design-build project without making any additional compensation to the design-builder. If an unsuccessful design-builder waives the fee, the department may not use work product in the design-builder's unsuccessful proposal.

AB68-ASA2,318 Section 318. 84.062 (13) of the statutes is created to read:

AB68-ASA2,325,3 84.062 (13) Appeals. (a) Any person aggrieved and directly affected by a decision of the office to issue a request for qualifications or a request for proposals under this section shall be entitled to judicial review of the decision as provided in ch. 227, subject to the procedural requirements of s. 227.53 (1). A person shall be considered a person aggrieved and directly affected by a decision of the office if any of the following apply to a request for qualifications or a request for proposals issued by the office under this section:

AB68-ASA2,325,5 1. The request does not include qualifications, requirements, or other items required under this section.

AB68-ASA2,325,7 2. The request does not comply with procedural requirements under this section.

AB68-ASA2,325,8 3. The request contains material errors or omissions.

AB68-ASA2,325,10 4. The request contains material discrepancies, deficiencies, or ambiguities that prevent a person from submitting a responsive proposal.

AB68-ASA2,325,12 5. The request indicates a bias against or preference for a specific design-builder.

AB68-ASA2,325,13 6. The request exceeds the department's authority.

AB68-ASA2,325,19 (b) Any person aggrieved and directly affected by a decision of the office to issue a notice of intent to award a contract under this section shall be entitled to judicial review of the decision as provided in ch. 227, subject to the procedural requirements of s. 227.53 (1). A person shall be considered a person aggrieved and directly affected by a decision of the office if any of the following apply to a notice of intent to award a contract under this section:

AB68-ASA2,325,21 1. The design-builder that received the notice of intent to award a contract was improperly certified as a qualified responsible bidder.

AB68-ASA2,325,23 2. A mathematical error was made in scoring any of the proposals that resulted in an improper intent to award a contract.

AB68-ASA2,326,3 3. There is evidence of collusion or fraud involving either the design-builder that received the notice of intent to award a contract or a member of the technical review committee.

AB68-ASA2,326,4 4. There is evidence of bias of a member of the technical review committee.

AB68-ASA2,326,9 5. There is evidence that a member of the technical review committee has a conflict of interest because the committee member, a member of his or her immediate family, as defined in s. 19.42 (7), or any organization or business with which the member is associated, as defined in s. 19.42 (2), may benefit from the intent to award a contract.

AB68-ASA2,326,14 6. The technical proposal or cost proposal submitted by the design-builder that received the notice of intent to award a contract is not responsive to the request for proposals, contains conditions or qualifications not provided for in the request for proposals, or does not assign costs to all services identified in the technical proposal or is otherwise materially unbalanced.

AB68-ASA2,326,24 (c) If the office prevails upon judicial review, following any protest and appellate court proceedings, the office shall be entitled to recover all costs and charges included in the final order or judgment, excluding attorney fees. Upon payment of costs and charges by the protester, the bond shall be returned. If the protesting party prevails, the protesting party shall be entitled to recover from the office all costs and charges included in the final order or judgment, excluding attorney fees. The entire amount of the bond shall be forfeited if the hearing officer determines that a protest was filed for a frivolous or improper purpose, including the purpose of harassing, causing unnecessary delay, or causing needless cost for the office or parties.

AB68-ASA2,319 Section 319. 84.062 (14) of the statutes is created to read:

AB68-ASA2,327,6 84.062 (14) Deliverables. (a) No later than 3 months after the effective date of this paragraph .... [LRB inserts date], the office shall prepare a report that establishes a program structure for delivering projects as required under this section. The report shall specify the types of projects to be considered and procedures and timelines for the bid process. The office may not designate a project as a design-build project prior to the completion of the report.

AB68-ASA2,327,11 (b) No later than 6 months after the effective date of this paragraph .... [LRB inserts date], the office shall prepare a design-build procurement manual that incorporates the requirements under this subsection and any applicable requirements under federal law. The manual shall be created by a committee that includes all of the following members:

AB68-ASA2,327,12 1. The director.

AB68-ASA2,327,15 2. Two employees of the department who represent the division of the department responsible for transportation project development and who each have not fewer than 5 years of experience in the transportation construction industry.

AB68-ASA2,327,18 3. One person representing a state association of transportation architectural, engineering, or design companies to be nominated by the governor and appointed with the advice and consent of the senate.

AB68-ASA2,327,21 4. One person representing a state association of transportation construction companies to be nominated by the governor and appointed with the advice and consent of the senate.

AB68-ASA2,327,25 5. One person representing a national trade group with a design-build certification program and experience in assisting states with the implementation of a design-build program to be nominated by the governor and appointed with the advice and consent of the senate.

AB68-ASA2,328,9 (c) No later than December 31, 2026, the office shall submit a report to the joint committee on finance and the senate and assembly standing committees having jurisdiction over transportation matters summarizing observations of the process utilized for alternative project delivery methods and describing the effectiveness of the alternative project delivery methods contracting procedures. The report shall include discussion on scope of work, history of projects selected, evaluation criteria, selection process, contract administration, work progression, time and cost comparisons between the traditional contracting method and alternative delivery methods, claims, and changes.

AB68-ASA2,328,15 (d) No later than 6 months after receipt of the report required under par. (c), the joint committee on finance shall determine whether the alternative project delivery pilot program was successful in providing the department with additional tools that allow innovation, reduced project completion time, cost certainty, or reduced cost or other advantages or benefits and shall make a recommendation to the legislature as to whether the pilot program should be made permanent.

AB68-ASA2,320 Section 320 . 84.555 (1m) of the statutes is amended to read:

AB68-ASA2,329,4 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014, the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) and (uuv) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1. 1m., for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m) (ag) 2., for the reconstruction of the I 94 east-west corridor, as defined in s. 84.014 (5m) (ag) 1e., for southeast Wisconsin freeway megaprojects under s. 84.0145, and for high-cost state highway bridge projects under s. 84.017, and the proceeds of general obligation bonds issued under s. 20.866 (2) (uur) and (uuv) may be used to fund expenditure obligations for southeast Wisconsin freeway megaprojects under s. 84.0145.