The bill authorizes a design-build method under which design, engineering, construction, and related services are procured through a single contract with a single entity capable of providing the services. The bill creates requirements for designating design-build projects, soliciting and evaluating requests for qualifications and requests for proposals, and awarding design-build contracts.

The bill requires DOT to designate design-build projects and award the following contracts:

1. One low bid design-build contract, which is awarded to the lowest responsible bidder, for a project with an estimated value of $10,000,000 to $50,000,000.

2. One best value design-build contract, which is awarded following a calculation of value as provided in the project's request for proposals, for a project with an estimated value of $50,000,000 to $150,000,000.

3. One fixed price variable scope design-build contract, which is awarded to the lowest qualified responsible bidder able to provide the best qualitative scope of work at a fixed price, with an estimated value of $50,000,000 to $150,000,000.

4. Three contracts, to be determined by DOT, with a total estimated value of not more than $200,000,000.

The bill creates in DOT an office of innovative program delivery that is responsible for conducting the design-build pilot program. The office is supervised by a director appointed by the DOT secretary. The office is required to prepare a report establishing the program structure and to develop a design-build procurement manual. At the end of the pilot program term, the office must prepare a report for the legislature evaluating the success of the program and joint committee on finance must make a recommendation as to whether the pilot program should be made permanent.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB286,1 Section 1 . 15.463 of the statutes is created to read:

AB286,2,5 15.463 Same; offices. (1) Office of innovative program delivery. There is created an office of innovative program delivery in the department of transportation. The director of the office shall be appointed by, and report directly to, the secretary of transportation.

AB286,2 Section 2. 84.062 of the statutes is created to read:

AB286,2,7 84.062 Alternative project delivery. (1) Definitions. In this section:

AB286,2,10 (a) “Alternative technical concepts" means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.

AB286,2,12 (b) “Best value design-build contract” means a design-build contract award made following a calculation of value as provided in a request for proposals.

AB286,3,3 (c) “Design-build contract” means a contract for a project under which the design, engineering, construction, and related services are provided by a single design-builder.

AB286,3,6 (d) “Design-builder" means a private legal entity, consortium, or joint venture that proposes to or executes a contract with the office to design, engineer, and construct a project under this section.

AB286,3,10 (e) “Design-build project" means a project for which design, engineering, construction, and related services are procured through a single contract with a single private legal entity, consortium, or joint venture capable of providing the necessary design, engineering, construction, and related services.

AB286,3,12 (f) “Design professional” means a person registered under s. 443.03 or 443.04 or a firm, partnership, or corporation registered under s. 443.08.

AB286,3,14 (g) “Director” means the director of the office of innovative program delivery attached to the department under s. 15.463 (1).

AB286,3,17 (h) “Fixed price variable scope design-build contract” means a design-build contract award made to the lowest qualified responsible bidder able to provide the best qualitative scope of work at a price not to exceed a fixed price set by the office.

AB286,3,19 (i) “Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.

AB286,3,21 (j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.

AB286,3,23 (k) “Office” means the office of innovative program delivery attached to the department under s. 15.463 (1).

AB286,3,25 (L) “Project” means a project involving a highway improvement, as defined in s. 84.06 (1) (am).

AB286,4,2 (m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications and that is certified by the technical review committee.

AB286,4,5 (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.

AB286,4,9 (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.