AB820,11,3 (e) Not less than 5 working days prior to executing a design-build contract, the department shall provide notice to each unsuccessful qualified responsible bidder that a notice of intent to award a contract has been issued.

AB820,30 Section 30 . 84.062 (8) of the statutes is created to read:

AB820,11,5 84.062 (8) Contract award. (a) In this subsection:

AB820,11,8 1. “Construction services” means work necessary to construct a project, including trucking services and materials purchased regardless of whether the materials are installed by the design-builder.

AB820,11,11 2. “Specialty services” means work related to sanitary sewer systems, water main systems, staking, electrical, landscaping and erosion control, traffic control, signing, pavement marking, fencing, and other work identified by the department.

AB820,11,16 (b) No later than 10 days following the issuance of a notice of intent to award a design-build contract, the department shall verify that the design-builder will perform not less than 30 percent of the construction services under the contract with labor provided by employees of the design-builder or member and equipment owned or rented by the design-builder or member.

AB820,11,19 (c) The design-builder shall submit to the department in the form prescribed by the department documentation of the construction services the design-builder or members will perform and the dollar value of the services.

AB820,12,2 (d) The department shall calculate the percentage of total construction services identified in the contract to be performed by the design-builder or members by subtracting the value of specialty services to be performed from the total contract amount and dividing the dollar value of construction services to be performed by the design-builder or members by the difference. If the value of construction services to be performed by the design-builder or members is less than 30 percent of the value of all construction services required under the contract, the department shall cancel the contract award.

AB820,31 Section 31 . 84.062 (11) of the statutes is created to read:

AB820,12,6 84.062 (11) Stipulated fee. (a) The department shall award a stipulated fee of not less than three-tenths of 1 percent of the department's estimated cost of design and construction as follows:

AB820,12,10 1. To each qualified responsible bidder that provides a responsive but unsuccessful proposal when the department issues a notice of intent to award a contract. If the request for proposals specifies a maximum fixed price, the department may not award a fee to a proposal that exceeds the maximum fixed price.

AB820,12,12 2. To all qualified responsible bidders that provide a responsive proposal, if the department does not issue a notice of intent to award a contract.

AB820,12,14 3. To all qualified responsible bidders if the department cancels the solicitation before the technical review committee reviews technical proposals.

AB820,12,18 (b) The department shall pay the fee to each qualified responsible bidder under par. (a) no later than 90 days after the department issues a notice of intent to award a contract, determines that it will not issue a notice of intent to award a contract, or cancels the solicitation.

AB820,12,23 (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 stipulated fee, the department may not use work product in the design-builder's unsuccessful proposal.

AB820,32 Section 32 . 84.062 (13) of the statutes is created to read:

AB820,13,7 84.062 (13) Appeals. (a) Any person aggrieved and directly affected by a decision of the department 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 department if any of the following applies to a request for qualifications or a request for proposals issued by the department under this section:

AB820,13,9 1. The request does not include qualifications, requirements, or other items required under this section.

AB820,13,11 2. The request does not comply with procedural requirements under this section.

AB820,13,12 3. The request contains material errors or omissions.

AB820,13,14 4. The request contains material discrepancies, deficiencies, or ambiguities that prevent a person from submitting a responsive proposal.

AB820,13,16 5. The request indicates a bias against or preference for a specific design-builder.

AB820,13,17 6. The request exceeds the department's authority.

AB820,13,23 (b) Any person aggrieved and directly affected by a decision of the department 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 department if any of the following applies to a notice of intent to award a contract under this section:

AB820,13,25 1. The design-builder that received the notice of intent to award a contract was improperly certified as a qualified responsible bidder.

AB820,14,2 2. A mathematical error was made in scoring any of the proposals that resulted in an improper intent to award a contract.

AB820,14,5 3. There is evidence of collusion or fraud involving either the design-builder who received the notice of intent to award a contract or a member of the technical review committee.

AB820,14,6 4. There is evidence of bias of a member of the technical review committee.

AB820,14,11 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.