WisconsinSB4612025-2026 Wisconsin Legislature (Biennial Session)Senate

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

Sen Bill 461Road -- Construction and repairTransportationDepartment of -- Roads

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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

  1. Published 3-21-2026

    3/20/2026Senate
  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 104

    3/20/2026Senate
  3. Presented to the Governor on 3-18-2026

    3/18/2026Senate
  4. Representative J. Jacobson added as a cosponsor

    2/9/2026Senate
  5. Report correctly enrolled

    1/16/2026Senate
  6. LRB correction

    1/16/2026Senate
  7. Received from Assembly concurred in

    1/14/2026Senate
  8. Ordered immediately messaged

    1/13/2026House
  9. Read a third time and concurred in

    1/13/2026House
  10. Rules suspended

    1/13/2026House
  11. Ordered to a third reading

    1/13/2026House
  12. Read a second time

    1/13/2026House
  13. Rules suspended to withdraw from calendar and take up

    1/13/2026House
  14. Placed on calendar 1-13-2026 by Committee on Rules

    1/8/2026House
  15. Read first time and referred to committee on Rules

    1/7/2026House
  16. Received from Senate

    11/19/2025House
  17. Ordered immediately messaged

    11/18/2025Senate
  18. Read a third time and passed

    11/18/2025Senate
  19. Rules suspended to give bill its third reading

    11/18/2025Senate
  20. Ordered to a third reading

    11/18/2025Senate
  21. Senate Amendment 1 adopted

    11/18/2025Senate
  22. Read a second time

    11/18/2025Senate
  23. Placed on calendar 11-18-2025 pursuant to Senate Rule 18(1)

    11/14/2025Senate
  24. Fiscal estimate received

    11/10/2025Senate
  25. Available for scheduling

    11/10/2025Senate

Bill Text

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