An Act to repeal 84.01 (33) (bm), 84.062 (1) (b), 84.062 (1) (c), 84.062 (1) (d), 84.062 (1) (dm), 84.062 (1) (h), (i), (j) and (k), 84.062 (1) (n), (o) and (q), 84.062 (2) (b), 84.062 (2) (d) and (e), 84.062 (3) (d), 84.062 (5) to (9) and 84.062 (13) and (14); to renumber and amend 84.062 (1) (a); to amend 84.013 (2m), 84.0145 (4), 84.062 (1) (L), 84.062 (1) (m), 84.062 (2) (a), 84.062 (3) (a) (intro.), 84.062 (3) (a) 2., 84.062 (3) (a) 3., 84.062 (3) (a) 4., 84.062 (3) (b), 84.062 (10) (a), 84.062 (10) (b), 84.062 (11) (a) (intro.), 84.062 (11) (a) 1., 84.062 (11) (a) 2., 84.062 (11) (a) 3., 84.062 (11) (b) and 84.062 (11) (c); to repeal and recreate 84.062 (2) (title) and 84.062 (4); to create 84.062 (1) (ae), 84.062 (1) (bm), 84.062 (1) (er), 84.062 (1) (Lm), 84.062 (1) (mn), 84.062 (2) (c), 84.062 (3) (cm), 84.062 (3) (e), 84.062 (11) (d), 84.062 (11) (e), 84.062 (11) (f) and 84.062 (15) of the statutes; Relating to: alternative delivery of projects contracted by the Department of Transportation. (FE)
Sponsored By: Dan Feyen (Republican), Sarah Keyeski (Democratic), Howard Marklein (Republican), Melissa Ratcliff (Democratic), Mark Spreitzer (Democratic), Patrick Testin (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 1 costs, 4 mixed.
Highway bidders get payments with tradeoffs
Design-build solicitations must offer qualified losing bidders at least 0.3% of the department's estimated design and construction cost. Other alternative methods can offer the same minimum when stated in the solicitation. Qualified bidders with responsive proposals receive payments when they lose, or when no intent-to-award notice is issued. Qualified bidders also receive payments if the department cancels before committee review. Single-phase proposers qualify, but the solicitation can limit how many receive payment. Payment is due within 90 days of the applicable intent-to-award notice, contract signing, cancellation, or failure to award. These payments count as project costs and come from the construction appropriation. The department can reuse unsuccessful proposal work on other projects without extra pay, unless the bidder waives the fee.
Highway contracting expands with spending limits
Wisconsin's transportation department can use more contracting methods for state highway projects eligible for federal funding. Covered methods have a $300 million commitment limit per two-year budget period, adjusted annually beginning in 2026. Design-build and joint interstate project amounts are outside that limit; unused authority does not carry forward. Construction manager–general contractor and progressive design-build methods are prohibited under this authority. Certain other project thresholds also receive annual construction-cost adjustments, but cannot fall below their statutory amounts. The department uses its Construction Cost Index, Yearly Moving Average, or a suitable replacement if discontinued. Adjusted amounts must be published annually before October 1.
Highway bidders lose specific court review
Directly affected people and businesses lose the former specific right to challenge decisions to issue qualifications or proposal requests in court. The law creates no replacement review right for those decisions under alternative delivery. Contractors remain liable for harm to others and loss of or damage to state, county, or municipal property. Design work, including architecture and engineering, counts as a service rather than a product.
Highway bids stay private during selection
Wisconsin's transportation department and review committee cannot release submitted bid documents for public inspection during active procurement. Protection starts with the qualifications request or single-phase solicitation and ends when a winner is selected. Committee discussions and evaluation records remain confidential until selection notice; limited information about a bidder's own submission may be shared. Committee meetings may be closed to protect confidential information. A bidder who waives an eligible fee keeps ownership of submitted documents, which remain confidential and outside public records.
New selection safeguards for highway bidders
Wisconsin generally must use two selection phases that follow federal procurement rules. One phase is allowed only when the department finds two phases inappropriate; federal rules still apply. A five-member review committee evaluates qualifications, proposals, and alternative designs, and may hold confidential interviews. Each member must have direct Wisconsin highway design or construction experience. Membership includes two department employees and two industry representatives, covering design and transportation construction interests. People connected to bidders cannot serve; members cannot review projects benefiting themselves or their immediate families. The committee can recommend an award only when at least two proposals arrive. Alternative designs risk rejection without written department approval before submission that they offer an equal or better solution.
Sponsors & Cosponsors
Sponsors
Dan Feyen
Republican • Senate
Sarah Keyeski
Democratic • Senate
Howard Marklein
Republican • Senate
Melissa Ratcliff
Democratic • Senate
Mark Spreitzer
Democratic • Senate
Patrick Testin
Republican • Senate
Cosponsors
Alex Dallman
Republican • House
Barbara Dittrich
Republican • House
Russell Goodwin
Democratic • House
Jenna Jacobson
Democratic • House
Dean Kaufert
Republican • House
Daniel Knodl
Republican • House
Dave Maxey
Republican • House
Clint Moses
Republican • House
David Murphy
Republican • House
Jerry O'Connor
Republican • House
Sylvia Ortiz-Velez
Democratic • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Published 3-21-2026
3/20/2026SenateReport approved by the Governor on 3-20-2026. 2025 Wisconsin Act 104
3/20/2026SenatePresented to the Governor on 3-18-2026
3/18/2026SenateRepresentative J. Jacobson added as a cosponsor
2/9/2026SenateReport correctly enrolled
1/16/2026SenateLRB correction
1/16/2026SenateReceived from Assembly concurred in
1/14/2026SenateOrdered immediately messaged
1/13/2026HouseRead a third time and concurred in
1/13/2026HouseRules suspended
1/13/2026HouseOrdered to a third reading
1/13/2026HouseRead a second time
1/13/2026HouseRules suspended to withdraw from calendar and take up
1/13/2026HousePlaced on calendar 1-13-2026 by Committee on Rules
1/8/2026HouseRead first time and referred to committee on Rules
1/7/2026HouseReceived from Senate
11/19/2025HouseOrdered immediately messaged
11/18/2025SenateRead a third time and passed
11/18/2025SenateRules suspended to give bill its third reading
11/18/2025SenateOrdered to a third reading
11/18/2025SenateSenate Amendment 1 adopted
11/18/2025SenateRead a second time
11/18/2025SenatePlaced on calendar 11-18-2025 pursuant to Senate Rule 18(1)
11/14/2025SenateFiscal estimate received
11/10/2025SenateAvailable for scheduling
11/10/2025Senate
Bill Text
Senate Amendment 1
11/10/2025
Bill Text
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