(j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.

(k) “Office” means the office of innovative program delivery attached to the department under s. 15.463 (1) .

(L) “Project” means a project involving a highway improvement, as defined in s. 84.06 (1) (a).

(m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications and that is certified by the technical review committee .

(n) “Responsive cost proposal” means a proposal that clearly identifies the costs of all services to be performed by the qualified responsible bidder, including all related fees, wages, and equipment and material costs.

(o) “Responsive technical proposal” means a proposal that clearly demonstrates a qualified responsible bidder's understanding of the design, engineering, and construction services to be performed and clearly describes the bidder's approach to the project.

(p) “Technical review committee” means the committee appointed under sub. (3).

(q) “Value engineering change” means a proposal that provides for a product of equal or improved quality to the product required by the department and that will reduce the project cost, improve safety, or decrease the time to complete the project.

(2) Design-build projects. (a) The department shall administer a pilot program under which not more than 6 contracts are awarded for design-build projects to be completed no later than December 31, 2025 . The director cannot designate a project as a design-build project unless the department is able to clearly define the scope of work.

(b) The department cannot expend more than $250,000,000 for 6 design-build contracts designated as follows:

1. One low bid design-build contract for a project with an estimated value of not less than $5,000,000 and not more than $25,000,000.

2. One best value design-build contract for a project with an estimated value of not less than $25,000,000 and not more than $75,000,000.

3. One fixed price variable scope design-build contract with an estimated value of not less than $25,000,000 and not more than $75,000,000.

4. Three contracts designated by the director with a total estimated value of not more than $125,000,000. The department may enter into a low bid design-build contract, best value design-build contract or a fixed price variable scope design-build contract under this subdivision.

(c) For each project designated as a design-build project under par. (a), the office shall prepare a written analysis supporting the office's determination that it is the best interests of the state to make the designation. The written determination and supporting materials are subject to inspection under s. 19.35. The written analysis shall include all of the following:

1. The extent to which the department can adequately define the project requirements in a proposed scope of design and construction.

2. The impact on the projected project schedule and completion date.

3. The impact on the projected cost of the project.

4. The impact on the quality factors of the project.

5. The availability of contractors with experience with design-build projects or other innovative project delivery methods.

6. The capability of the department to manage a design-build project with office employees and design consultants.

7. The capability of the department to oversee a design-build project with a contractor with experience with design-build projects or other innovative project delivery methods.

8. The availability of current department employees qualified to perform design and engineering services required for the design-build project.

9. The original character of the product or the services.

10. The statutory authority for the designation of the project as a design-build project and how the project furthers the department's statutory duties.

11. Whether the design-build project must comply with any federal rule or regulation or any U.S. depart ment of transportation requirement and a statement that the design-build project is in compliance.

12. Any other criteria the office determines is necessary.

(d) For each project designated under par. (a), the office shall solicit requests for qualifications, requests for proposals, and cost proposals as provided in this section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified responsible bidder.

(e) No more than 6 months following the completion of a design-build project designated under this subsection, the office shall prepare a report, with input from the design-builder and the technical review committee, detailing the project, the decision to designate the project as a design-build project, the type of design-build contract let, and recommendations for statutory changes, if any. The office shall provide this report to the joint committee on finance and the senate and assembly standing committees having jurisdiction over transportation matters. The senate and assembly standing committees having jurisdiction over transportation matters shall schedule a hearing on the report not more than 30 days following distribution of the report by the chief clerks of the senate and the assembly. This paragraph does not apply to projects completed after December 31, 2025.