AB286,6,6 11. Whether the design-build project must comply with any federal rule or regulation or any U.S. department of transportation requirement and a statement that the design-build project is in compliance.

AB286,6,7 12. Any other criteria the office determines is necessary.

AB286,6,11 (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.

AB286,6,22 (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.

AB286,6,25 (3) Technical review committee. (a) The secretary shall appoint 5 individuals to a technical review committee to evaluate proposals submitted under this section. The committee shall consist of the following:

AB286,7,3 1. An employee of the department representing a regional office of the department who has at least 5 years of experience in the transportation construction industry.

AB286,7,6 2. Two employees of the department representing the division of the department responsible for transportation project development, each of whom have at least 5 years of experience in the transportation construction industry.

AB286,7,8 3. One person representing a state association of architectural, engineering, or design companies.

AB286,7,10 4. One person representing a state association of transportation construction companies.

AB286,7,15 (b) The secretary may not appoint to the technical review committee any person associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to the technical review committee may review proposals under this section when the proposed project could benefit the appointee or the appointee's immediate family, as defined in s. 19.42 (7).

AB286,7,17 (c) A person appointed to the technical review committee is an agent of the department under s. 895.46.

AB286,7,19 (d) Except as otherwise provided in this section, all records of the technical review committee are open to public inspection and copying under s. 19.35 (1).

AB286,7,25 (4) Bids. The office shall solicit design-build proposals in 2 phases. In the first phase, the office shall solicit requests for qualifications under sub. (5) and requests for proposals under sub. (6). The technical review committee shall certify responsible bidders as provided in sub. (5) (c) and shall score technical proposals as provided in sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical review committee shall evaluate cost proposals as provided in sub. (7).

AB286,8,2 (5) Request for qualifications. (a) The office shall prepare a request for qualifications that includes all of the following:

AB286,8,4 1. Minimum required qualifications for certification as a qualified bidder, which shall include all of the following:

AB286,8,8 a. The design and construction experience of the design-builder or member, personnel, and contractors who will manage the design, engineering, and construction aspects of the project. The office may not require a level of experience that will unreasonably restrict competition.

AB286,8,11 b. A requirement that the design-builder or member employ an individual who has no fewer than 5 years of experience in highway construction specific to highway improvement projects in this state.

AB286,8,13 c. A requirement that the design-builder or member be a design professional or will employ or contract with a design professional.

AB286,8,16 d. A sworn statement of the design-builder's financial ability, equipment, and experience in design-build project delivery and any other information the office determines is necessary to determine a bidder's competency.

AB286,8,18 2. Minimum required qualifications for certification as a responsible bidder, which shall include all of the following:

AB286,8,19 a. The design-builder is registered or authorized to do business in this state.

AB286,8,23 b. The design-builder submits a sworn statement that indicates that it has adequate financial resources to complete the work described in the request for qualifications, taking into account any other work the design-builder is currently under contract to complete.

AB286,9,3 c. The design-builder is bondable for the term of the proposed contract and is able to obtain a 100 percent performance bond and a separate 100 percent payment bond.

AB286,9,13 d. If the department has previously contracted with the design-builder or a member, the design-builder or member has a record of satisfactorily completing projects. In making this determination, the technical review committee shall consider if the design-builder or the member has completed all contracts in accordance with drawings and specifications, diligently pursued execution of the work and completed contracts according to the time schedule, fulfilled guarantee requirements of contracts, and complied with applicable safety program requirements. The technical review committee may not consider whether a design-builder or member exercised legal rights specified in statute or rule or under a contract with the department.

AB286,9,17 e. The design-builder or a member is not on a list maintained by the department identifying persons ineligible to bid due to suspension or debarment or on a list that the department of administration maintains for persons who violated statutory provisions or administrative rules relating to construction.

AB286,9,18 f. The design-builder or a member has been in business for at least 12 months.

AB286,9,21 g. The design-builder or a member has served as a prime contractor on no fewer than 5 projects administered by the department during the previous 5 calendar years.

AB286,9,24 h. The design-builder can provide information to the technical review committee upon request about ownership, management, and control of the design-builder.

AB286,10,3 i. The design-builder or a member has not been debarred from any government contracts and has not been found to have committed tax avoidance or evasion in any jurisdiction in the previous 10 years.