Illinois 2023-2024 Regular Session

Illinois House Bill HB5381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5381 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: See Index Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract. LRB103 38330 AWJ 68465 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5381 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: See Index See Index Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract. LRB103 38330 AWJ 68465 b LRB103 38330 AWJ 68465 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5381 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract.
6	6	LRB103 38330 AWJ 68465 b LRB103 38330 AWJ 68465 b
7	7	LRB103 38330 AWJ 68465 b
8	8	A BILL FOR
9	9	HB5381LRB103 38330 AWJ 68465 b HB5381 LRB103 38330 AWJ 68465 b
10	10	HB5381 LRB103 38330 AWJ 68465 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Municipal Code is amended by
15	15	5 changing Sections 11-39.2-5, 11-39.2-10, 11-39.2-15,
16	16	6 11-39.2-20, 11-39.2-25, 11-39.2-35, 11-39.2-40, and 11-39.2-45
17	17	7 as follows:
18	18	8 (65 ILCS 5/11-39.2-5)
19	19	9 Sec. 11-39.2-5. Purpose. The purpose of this Division is
20	20	10 to authorize municipalities to compare and potentially use
21	21	11 design-build processes to increase the efficiency and
22	22	12 effectiveness of delivering public projects.
23	23	13 (Source: P.A. 103-491, eff. 1-1-24.)
24	24	14 (65 ILCS 5/11-39.2-10)
25	25	15 Sec. 11-39.2-10. Definitions. As used in this Division:
26	26	16 "Delivery system" means the design and construction
27	27	17 approach used to develop and construct a project.
28	28	18 "Design-bid-build" means the traditional delivery system
29	29	19 used on public projects that incorporates the
30	30	20 qualifications-based selection process for architects and the
31	31	21 competitive bidding process for construction as set forth in
32	32	22 this Code.
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5381 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract.
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41	41	LRB103 38330 AWJ 68465 b
42	42	A BILL FOR
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67	67	1 "Design-build" means a delivery system that provides
68	68	2 responsibility within a single contract for the furnishing of
69	69	3 architecture, engineering, land surveying, and related
70	70	4 services, as required, and the labor, materials, equipment,
71	71	5 and other construction services for the project.
72	72	6 "Design-build contract" means a contract for a public
73	73	7 project under this Division between a municipality and a
74	74	8 design-build entity or design professional to furnish:
75	75	9 architecture, engineering, land surveying, public art or
76	76	10 interpretive exhibits, and related services, as required, and
77	77	11 the labor, materials, equipment, and other construction
78	78	12 services for the project.
79	79	13 "Design-build entity" means an individual, sole
80	80	14 proprietorship, firm, partnership, joint venture, corporation,
81	81	15 professional corporation, or other entity that proposes to
82	82	16 design and construct any public project under this Division.
83	83	17 "Design professional" means an individual, sole
84	84	18 proprietorship, firm, partnership, joint venture, corporation,
85	85	19 professional corporation, or other entity that offers services
86	86	20 under the Illinois Architecture Practice Act of 1989, the
87	87	21 Professional Engineering Practice Act of 1989, the Structural
88	88	22 Engineering Practice Act of 1989, or the Illinois Professional
89	89	23 Land Surveyor Act of 1989.
90	90	24 "Evaluation criteria" means the requirements for the
91	91	25 separate phases of the selection process as defined in this
92	92	26 Division and may include the specialized experience, technical
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103	103	1 qualifications and competence, capacity to perform, past
104	104	2 performance, experience with similar projects, assignment of
105	105	3 personnel to the project, and other appropriate factors.
106	106	4 "Proposal" means the offer to enter into a design-build
107	107	5 contract as submitted by a design-build entity or design
108	108	6 professional in accordance with this Division.
109	109	7 "Public art designer" means an individual, sole
110	110	8 proprietorship, firm, partnership, joint venture, corporation,
111	111	9 professional corporation, or other entity that has
112	112	10 demonstrated experience with the design and fabrication of
113	113	11 public art, including any media that has been planned and
114	114	12 executed with the intention of being staged in the physical
115	115	13 public domain outside and accessible to all or any art which is
116	116	14 exhibited in a public space, including publicly accessible
117	117	15 buildings, or interpretive exhibits, including communication
118	118	16 media that is designed to engage, excite, inform, relate, or
119	119	17 reveal the intrinsic nature or indispensable quality of a
120	120	18 topic or story being presented.
121	121	19 "Request for qualifications and proposal" means the
122	122	20 document used by the municipality to solicit qualifications
123	123	21 and proposals for a design-build comparison and potential
124	124	22 contract.
125	125	23 "Scope and performance criteria" means the requirements
126	126	24 for the public project, such as the intended usage, capacity,
127	127	25 size, scope, quality and performance standards, life-cycle
128	128	26 costs, and other programmatic criteria that are expressed in
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139	139	1 performance-oriented and quantifiable specifications and
140	140	2 drawings that can be reasonably inferred and are suited to
141	141	3 allow a design-build entity or design professional to develop
142	142	4 a proposal.
143	143	5 (Source: P.A. 103-491, eff. 1-1-24.)
144	144	6 (65 ILCS 5/11-39.2-15)
145	145	7 Sec. 11-39.2-15. Solicitation of proposals.
146	146	8 (a) A municipality may enter into design-build contracts.
147	147	9 In addition to the requirements set forth in its local
148	148	10 ordinances, when the municipality elects to use the
149	149	11 design-build delivery method, it must issue a notice of intent
150	150	12 to receive proposals for the project at least 14 days before
151	151	13 issuing the request for the proposal. The municipality must
152	152	14 publish the advance notice in the manner prescribed by
153	153	15 ordinance, which must include posting the advance notice
154	154	16 online on its website. The municipality shall may publish the
155	155	17 notice in construction industry publications or post the
156	156	18 notice on construction industry websites. A brief description
157	157	19 of the proposed procurement must be included in the notice.
158	158	20 The municipality must provide a copy of the request for
159	159	21 proposal to any party requesting a copy. A municipality must
160	160	22 allow design professionals to submit proposals hereunder.
161	161	23 (b) The request for proposal must be prepared for each
162	162	24 project and must contain, without limitation, the following
163	163	25 information:
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174	174	1 (1) The name of the municipality.
175	175	2 (2) A preliminary schedule for the completion of the
176	176	3 contract.
177	177	4 (3) The proposed budget for the project, the source of
178	178	5 funds, and the currently available funds at the time the
179	179	6 request for proposal is submitted.
180	180	7 (4) Prequalification criteria for design-build
181	181	8 entities or design professionals wishing to submit
182	182	9 qualifications and proposals. The municipality must
183	183	10 include, at a minimum, its normal qualifications,
184	184	11 licensing, registration, and other requirements; however,
185	185	12 nothing precludes the use of additional prequalification
186	186	13 criteria by the municipality.
187	187	14 (5) Material requirements of the contract, such as the
188	188	15 proposed terms and conditions, required performance and
189	189	16 payment bonds, insurance, and the entity's plan to comply
190	190	17 with the utilization goals for business enterprises
191	191	18 established in the Business Enterprise for Minorities,
192	192	19 Women, and Persons with Disabilities Act and with Section
193	193	20 2-105 of the Illinois Human Rights Act.
194	194	21 (6) The performance criteria.
195	195	22 (7) The evaluation criteria for each phase of the
196	196	23 solicitation. Price may not be used as a factor in the
197	197	24 evaluation of Phase I proposals.
198	198	25 (8) The number of entities that will be considered for
199	199	26 the technical and cost evaluation phase.
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210	210	1 (c) The municipality may include any other relevant
211	211	2 information that it chooses to supply. The design-build entity
212	212	3 or design professional may rely upon the accuracy of this
213	213	4 documentation in the development of its proposal.
214	214	5 (d) The date that proposals are due must be at least 21
215	215	6 calendar days after the date of the issuance of the request for
216	216	7 proposal. If the cost of the project is estimated to exceed
217	217	8 $12,000,000, then the proposal due date must be at least 28
218	218	9 calendar days after the date of the issuance of the request for
219	219	10 proposal. The municipality must include in the request for
220	220	11 proposal a minimum of 60 30 days to develop the Phase II
221	221	12 submissions after the selection of entities from the Phase I
222	222	13 evaluation is completed.
223	223	14 (Source: P.A. 103-491, eff. 1-1-24.)
224	224	15 (65 ILCS 5/11-39.2-20)
225	225	16 Sec. 11-39.2-20. Development of scope and performance
226	226	17 criteria.
227	227	18 (a) The municipality must develop, with the assistance of
228	228	19 a licensed design professional or public art designer, a
229	229	20 request for qualifications and proposal, which must include
230	230	21 scope and performance criteria. The scope and performance
231	231	22 criteria must be in sufficient detail and contain adequate
232	232	23 information to reasonably apprise the qualified design-build
233	233	24 entities or design professionals of the municipality's overall
234	234	25 programmatic needs and goals, including criteria and
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245	245	1 preliminary design plans, general budget parameters, schedule,
246	246	2 and delivery requirements.
247	247	3 (b) Each request for qualifications and proposal must also
248	248	4 include a description of the level of design to be provided in
249	249	5 the proposals. This description must include the scope and
250	250	6 type of renderings, drawings, and specifications that, at a
251	251	7 minimum, will be required by the municipality to be produced
252	252	8 by the design-build entities or design professionals.
253	253	9 (c) The scope and performance criteria must be prepared by
254	254	10 a design professional or public art designer who is an
255	255	11 employee of the municipality, or the municipality may contract
256	256	12 with an independent design professional or public art designer
257	257	13 selected under the Local Government Professional Services
258	258	14 Selection Act to provide these services.
259	259	15 (d) The design professional or public art designer that
260	260	16 prepares the scope and performance criteria is prohibited from
261	261	17 participating in any design-build entity or design
262	262	18 professional proposal for the project.
263	263	19 (e) The design-build contract may be conditioned upon
264	264	20 subsequent refinements in scope and price and may allow the
265	265	21 municipality to make modifications in the project scope
266	266	22 without invalidating the design-build contract.
267	267	23 (Source: P.A. 103-491, eff. 1-1-24.)
268	268	24 (65 ILCS 5/11-39.2-25)
269	269	25 Sec. 11-39.2-25. Procedures for Selection.
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280	280	1 (a) The municipality must use a two-phase procedure for
281	281	2 the selection of the successful design-build entity or design
282	282	3 professional. Phase I of the procedure will evaluate and
283	283	4 shortlist the design-build entities or design professionals
284	284	5 based on qualifications, and Phase II will evaluate the
285	285	6 technical and cost proposals. A municipality must select at
286	286	7 least one design professional if one is submitted in Phase I.
287	287	8 (b) The municipality must include in the request for
288	288	9 proposal the evaluating factors to be used in Phase I. These
289	289	10 factors are in addition to any prequalification requirements
290	290	11 of design-build entities or design professionals that the
291	291	12 municipality has set forth. Each request for qualifications
292	292	13 and proposal must establish the relative importance assigned
293	293	14 to each evaluation factor and subfactor, including any
294	294	15 weighting of criteria to be employed by the municipality. The
295	295	16 municipality must maintain a record of the evaluation scoring
296	296	17 to be disclosed in event of a protest regarding the
297	297	18 solicitation.
298	298	19 The municipality must include the following criteria in
299	299	20 every Phase I evaluation of design-build entities or design
300	300	21 professionals: (i) experience of personnel, evaluating design
301	301	22 and construction separately; (ii) successful experience with
302	302	23 similar project types; (iii) financial capability; (iv)
303	303	24 timeliness of past performance; (v) experience with similarly
304	304	25 sized projects; (vi) successful reference checks of the firm;
305	305	26 (vii) commitment to assign personnel for the duration of the
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316	316	1 project and qualifications of the entity's consultants; and
317	317	2 (viii) ability or past performance in meeting or exhausting
318	318	3 good faith efforts to meet the utilization goals for business
319	319	4 enterprises established in the Business Enterprise for
320	320	5 Minorities, Women, and Persons with Disabilities Act and with
321	321	6 Section 2-105 of the Illinois Human Rights Act. The
322	322	7 municipality may include any additional, relevant criteria in
323	323	8 Phase I that it deems necessary for a proper qualification
324	324	9 review.
325	325	10 The municipality may not consider any design-build entity
326	326	11 or design professional for evaluation or award if the entity
327	327	12 has any pecuniary interest in the project or has other
328	328	13 relationships or circumstances, such as long-term leasehold,
329	329	14 mutual performance, or development contracts with the
330	330	15 municipality, that may give the design-build entity or design
331	331	16 professional a financial or tangible advantage over other
332	332	17 design-build entities or design professionals in the
333	333	18 preparation, evaluation, or performance of the design-build
334	334	19 contract or that create the appearance of impropriety. A
335	335	20 design-build entity or design professional shall not be
336	336	21 disqualified under this Section solely due to having
337	337	22 previously been awarded a project or projects under any
338	338	23 applicable public procurement law of the State. No proposal
339	339	24 may be considered that does not include an entity's plan to
340	340	25 comply with the requirements established in the Business
341	341	26 Enterprise for Minorities, Women, and Persons with
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352	352	1 Disabilities Act, for both the design and construction areas
353	353	2 of performance, and with Section 2-105 of the Illinois Human
354	354	3 Rights Act.
355	355	4 Upon completion of the qualification evaluation, the
356	356	5 municipality must create a shortlist of the most highly
357	357	6 qualified design-build entities or design professionals. The
358	358	7 municipality, in its discretion, is not required to shortlist
359	359	8 the maximum number of entities as identified for Phase II
360	360	9 evaluation if no less than 3 2 design-build entities or design
361	361	10 professionals nor more than 6 are selected to submit Phase II
362	362	11 proposals.
363	363	12 The municipality must notify the entities selected for the
364	364	13 shortlist in writing. This notification must commence the
365	365	14 period for the preparation of the Phase II technical and cost
366	366	15 evaluations. The municipality must allow 30 days sufficient
367	367	16 time for the shortlist entities to prepare their Phase II
368	368	17 submittals considering the scope and detail requested by the
369	369	18 municipality.
370	370	19 (c) The municipality must include in the request for
371	371	20 proposal the evaluating factors to be used in the technical
372	372	21 and cost submission components of Phase II. Each request for
373	373	22 proposal must establish, for both the technical and cost
374	374	23 submission components of Phase II, the relative importance
375	375	24 assigned to each evaluation factor and subfactor, including
376	376	25 any weighting of criteria to be employed by the municipality.
377	377	26 The municipality must maintain a record of the evaluation
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388	388	1 scoring to be disclosed in event of a protest regarding the
389	389	2 solicitation.
390	390	3 The municipality must include the following criteria in
391	391	4 every Phase II technical evaluation of design-build entities
392	392	5 or design professionals: (i) compliance with objectives of the
393	393	6 project; (ii) compliance of proposed services to the request
394	394	7 for proposal requirements; (iii) quality of products or
395	395	8 materials proposed; (iv) quality of design parameters; (v)
396	396	9 design concepts; (vi) innovation in meeting the scope and
397	397	10 performance criteria; and (vii) constructability of the
398	398	11 proposed project. The municipality may include any additional
399	399	12 relevant technical evaluation factors it deems necessary for
400	400	13 proper selection.
401	401	14 The municipality must include the following criteria in
402	402	15 every Phase II cost evaluation: the total project cost, the
403	403	16 construction costs, and the time of completion. The
404	404	17 municipality may include any additional relevant technical
405	405	18 evaluation factors it deems necessary for proper selection.
406	406	19 The total project cost criteria weighting factor may not
407	407	20 exceed 30%.
408	408	21 The municipality must directly employ or retain a licensed
409	409	22 design professional or a public art designer to evaluate the
410	410	23 technical and cost submissions to determine if the technical
411	411	24 submissions are in accordance with generally accepted industry
412	412	25 standards. Upon completion of the technical submissions and
413	413	26 cost submissions evaluation, the municipality may award the
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424	424	1 design-build contract to the highest overall ranked entity.
425	425	2 (Source: P.A. 103-491, eff. 1-1-24.)
426	426	3 (65 ILCS 5/11-39.2-35)
427	427	4 Sec. 11-39.2-35. Submission of qualifications and
428	428	5 proposals. Qualifications and proposals Proposals must be
429	429	6 properly identified and sealed. Qualifications and proposals
430	430	7 Proposals may not be reviewed until after the deadline for
431	431	8 submission has passed as set forth in the request for
432	432	9 qualifications and proposals.
433	433	10 Proposals must include a bid bond in the form and security
434	434	11 as designated in the request for qualifications and proposal
435	435	12 proposals. Qualifications and proposal Proposals must also
436	436	13 contain a separate sealed envelope with the cost information
437	437	14 within the overall proposal submission. Qualifications and
438	438	15 proposals Proposals must include a list of all design
439	439	16 professionals, public art designers, and other entities to
440	440	17 which any work may be subcontracted during the performance of
441	441	18 the contract.
442	442	19 Proposals must meet all material requirements of the
443	443	20 request for proposal or they may be rejected as nonresponsive.
444	444	21 The municipality may reject any and all proposals.
445	445	22 The drawings and specifications of the proposal shall may
446	446	23 remain the property of the design-build entity or design
447	447	24 professional.
448	448	25 The municipality must review the proposals for compliance
449	449
450	450
451	451
452	452
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459	459	1 with the performance criteria and evaluation factors.
460	460	2 Proposals may be withdrawn prior to evaluation for any
461	461	3 cause. After evaluation begins by the municipality, clear and
462	462	4 convincing evidence of error is required for withdrawal.
463	463	5 After a response to a request for qualifications or a
464	464	6 request for proposal has been submitted as provided in this
465	465	7 Section, a design-build entity or design professional may not
466	466	8 replace, remove, or otherwise modify any firm identified as a
467	467	9 member of the proposer's team unless authorized to do so by the
468	468	10 municipality.
469	469	11 (Source: P.A. 103-491, eff. 1-1-24.)
470	470	12 (65 ILCS 5/11-39.2-40)
471	471	13 Sec. 11-39.2-40. Award; performance. The municipality may
472	472	14 award the contract to the highest overall ranked design-build
473	473	15 entity or design professional. Notice of award must be made in
474	474	16 writing at the same time. Unsuccessful design-build entities
475	475	17 or design professionals must also be notified in writing. The
476	476	18 municipality may not request a best and final offer after the
477	477	19 receipt of proposals of all qualified design-build entities or
478	478	20 design professionals. The municipality may negotiate with the
479	479	21 selected design-build entity or design professional after
480	480	22 award, but prior to contract execution, for the purpose of
481	481	23 securing better terms than originally proposed if the salient
482	482	24 features of the request for proposal are not diminished.
483	483	25 A design-build entity and associated design professionals
484	484
485	485
486	486
487	487
488	488
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490	490
491	491
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494	494	1 must conduct themselves in accordance with the relevant laws
495	495	2 of this State and the related provisions of the Illinois
496	496	3 Administrative Code.
497	497	4 (Source: P.A. 103-491, eff. 1-1-24.)
498	498	5 (65 ILCS 5/11-39.2-45)
499	499	6 Sec. 11-39.2-45. Reports and evaluation. At the end of
500	500	7 every 6-month period following the contract award, and again
501	501	8 prior to final contract payout and closure, a selected
502	502	9 design-build entity or design professional must detail, in a
503	503	10 written report submitted to the municipality, its efforts and
504	504	11 success in implementing the entity's plan to comply with the
505	505	12 utilization goals for business enterprises established in the
506	506	13 Business Enterprise for Minorities, Women, and Persons with
507	507	14 Disabilities Act and the provisions of Section 2-105 of the
508	508	15 Illinois Human Rights Act.
509	509	16 (Source: P.A. 103-491, eff. 1-1-24.)
510	510	17 Section 10. The School Code is amended by changing
511	511	18 Sections 15A-5, 15A-10, 15A-15, 15A-20, 15A-25, 15A-35,
512	512	19 15A-40, and 15A-45 as follows:
513	513	20 (105 ILCS 5/15A-5)
514	514	21 Sec. 15A-5. Purpose. The purpose of this Article is to
515	515	22 authorize school districts to compare and potentially use
516	516	23 design-build processes to increase the efficiency and
517	517
518	518
519	519
520	520
521	521
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523	523
524	524
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526	526	HB5381 - 15 - LRB103 38330 AWJ 68465 b
527	527	1 effectiveness of delivering public projects.
528	528	2 (Source: P.A. 103-491, eff. 1-1-24.)
529	529	3 (105 ILCS 5/15A-10)
530	530	4 Sec. 15A-10. Definitions. As used in this Article:
531	531	5 "Delivery system" means the design and construction
532	532	6 approach used to develop and construct a project.
533	533	7 "Design-bid-build" means the traditional delivery system
534	534	8 used on public projects that incorporates the
535	535	9 qualifications-based selection process for architects and the
536	536	10 competitive bidding process for construction as set forth in
537	537	11 this Code.
538	538	12 "Design-build" means a delivery system that provides
539	539	13 responsibility within a single contract for the furnishing of
540	540	14 architecture, engineering, land surveying, and related
541	541	15 services, as required, and the labor, materials, equipment,
542	542	16 and other construction services for the project.
543	543	17 "Design-build contract" means a contract for a public
544	544	18 project under this Article between a school district and a
545	545	19 design-build entity or design professional to furnish:
546	546	20 architecture, engineering, land surveying, public art or
547	547	21 interpretive exhibits, and related services, as required, and
548	548	22 the labor, materials, equipment, and other construction
549	549	23 services for the project.
550	550	24 "Design-build entity" means an individual, sole
551	551	25 proprietorship, firm, partnership, joint venture, corporation,
552	552
553	553
554	554
555	555
556	556
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558	558
559	559
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561	561	HB5381 - 16 - LRB103 38330 AWJ 68465 b
562	562	1 professional corporation, or other entity that proposes to
563	563	2 design and construct any public project under this Article.
564	564	3 "Design professional" means an individual, sole
565	565	4 proprietorship, firm, partnership, joint venture, corporation,
566	566	5 professional corporation, or other entity that offers services
567	567	6 under the Illinois Architecture Practice Act of 1989, the
568	568	7 Professional Engineering Practice Act of 1989, the Structural
569	569	8 Engineering Practice Act of 1989, or the Illinois Professional
570	570	9 Land Surveyor Act of 1989.
571	571	10 "Evaluation criteria" means the requirements for the
572	572	11 separate phases of the selection process as set forth in this
573	573	12 Article and may include the specialized experience, technical
574	574	13 qualifications and competence, capacity to perform, past
575	575	14 performance, experience with similar projects, assignment of
576	576	15 personnel to the project, and other appropriate factors.
577	577	16 "Proposal" means the offer to enter into a design-build
578	578	17 contract as submitted by a design-build entity or design
579	579	18 professional in accordance with this Article.
580	580	19 "Public art designer" means an individual, sole
581	581	20 proprietorship, firm, partnership, joint venture, corporation,
582	582	21 professional corporation, or other entity that has
583	583	22 demonstrated experience with the design and fabrication of
584	584	23 public art, including any media that has been planned and
585	585	24 executed with the intention of being staged in the physical
586	586	25 public domain outside and accessible to all or any art that is
587	587	26 exhibited in a public space, including publicly accessible
588	588
589	589
590	590
591	591
592	592
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594	594
595	595
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597	597	HB5381 - 17 - LRB103 38330 AWJ 68465 b
598	598	1 buildings, or interpretive exhibits, including communication
599	599	2 media that is designed to engage, excite, inform, relate, or
600	600	3 reveal the intrinsic nature or indispensable quality of a
601	601	4 topic or story being presented.
602	602	5 "Request for qualifications and proposal" means the
603	603	6 document used by the school district to solicit qualifications
604	604	7 and proposals for a design-build comparison and potential
605	605	8 contract.
606	606	9 "Scope and performance criteria" means the requirements
607	607	10 for the public project, such as the intended usage, capacity,
608	608	11 size, scope, quality and performance standards, life-cycle
609	609	12 costs, and other programmatic criteria that are expressed in
610	610	13 performance-oriented and quantifiable specifications and
611	611	14 drawings that can be reasonably inferred and are suited to
612	612	15 allow a design-build entity or design professional to develop
613	613	16 a proposal.
614	614	17 (Source: P.A. 103-491, eff. 1-1-24.)
615	615	18 (105 ILCS 5/15A-15)
616	616	19 Sec. 15A-15. Solicitation of proposals.
617	617	20 (a) A school district may enter into design-build
618	618	21 contracts. In addition to the requirements set forth by the
619	619	22 school board, if the school district elects to use the
620	620	23 design-build delivery method, it must issue a notice of intent
621	621	24 to receive proposals for the project at least 14 days before
622	622	25 issuing the request for the proposal. The school district must
623	623
624	624
625	625
626	626
627	627
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629	629
630	630
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632	632	HB5381 - 18 - LRB103 38330 AWJ 68465 b
633	633	1 publish the advance notice in the manner prescribed by the
634	634	2 school board, which must include posting the advance notice
635	635	3 online on its website. The school district shall may publish
636	636	4 the notice in construction industry publications or post the
637	637	5 notice on construction industry websites. A brief description
638	638	6 of the proposed procurement must be included in the notice.
639	639	7 The school district must provide a copy of the request for
640	640	8 proposal to any party requesting a copy. A school district
641	641	9 must allow design professionals to submit proposals under this
642	642	10 Article.
643	643	11 (b) The request for proposal must be prepared for each
644	644	12 project and must contain, without limitation, the following
645	645	13 information:
646	646	14 (1) The name of the school district.
647	647	15 (2) A preliminary schedule for the completion of the
648	648	16 contract.
649	649	17 (3) The proposed budget for the project, the source of
650	650	18 funds, and the currently available funds at the time the
651	651	19 request for proposal is submitted.
652	652	20 (4) Prequalification criteria for design-build
653	653	21 entities or design professionals wishing to submit
654	654	22 qualifications and proposals. The school district must
655	655	23 include, at a minimum, its normal qualifications,
656	656	24 licensing, registration, and other requirements; however,
657	657	25 nothing precludes the use of additional prequalification
658	658	26 criteria by the school district.
659	659
660	660
661	661
662	662
663	663
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665	665
666	666
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668	668	HB5381 - 19 - LRB103 38330 AWJ 68465 b
669	669	1 (5) Material requirements of the contract, such as the
670	670	2 proposed terms and conditions, required performance and
671	671	3 payment bonds, insurance, and the entity's plan to comply
672	672	4 with the utilization goals for business enterprises
673	673	5 established in the Business Enterprise for Minorities,
674	674	6 Women, and Persons with Disabilities Act and with Section
675	675	7 2-105 of the Illinois Human Rights Act.
676	676	8 (6) The performance criteria.
677	677	9 (7) The evaluation criteria for each phase of the
678	678	10 solicitation. Price may not be used as a factor in the
679	679	11 evaluation of Phase I proposals.
680	680	12 (8) The number of entities that will be considered for
681	681	13 the technical and cost evaluation phase.
682	682	14 (c) The school district may include any other relevant
683	683	15 information that it chooses to supply. The design-build entity
684	684	16 or design professional may rely upon the accuracy of this
685	685	17 documentation in the development of its proposal.
686	686	18 (d) The date that proposals are due must be at least 21
687	687	19 calendar days after the date of the issuance of the request for
688	688	20 proposal. If the cost of the project is estimated to exceed
689	689	21 $12,000,000, then the proposal due date must be at least 28
690	690	22 calendar days after the date of the issuance of the request for
691	691	23 proposal. The school district must include in the request for
692	692	24 proposal a minimum of 60 30 days to develop the Phase II
693	693	25 submissions after the selection of entities from the Phase I
694	694	26 evaluation is completed.
695	695
696	696
697	697
698	698
699	699
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701	701
702	702
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705	705	1 (Source: P.A. 103-491, eff. 1-1-24.)
706	706	2 (105 ILCS 5/15A-20)
707	707	3 Sec. 15A-20. Development of scope and performance
708	708	4 criteria.
709	709	5 (a) The school district must develop, with the assistance
710	710	6 of a licensed design professional or public art designer, a
711	711	7 request for qualifications and proposal, which must include
712	712	8 scope and performance criteria. The scope and performance
713	713	9 criteria must be in sufficient detail and contain adequate
714	714	10 information to reasonably apprise the qualified design-build
715	715	11 entities or design professionals of the school district's
716	716	12 overall programmatic needs and goals, including criteria,
717	717	13 general budget parameters, schedule, and delivery
718	718	14 requirements.
719	719	15 (b) Each request for qualifications and proposal must also
720	720	16 include a description of the level of design to be provided in
721	721	17 the proposals. This description must include the scope and
722	722	18 type of renderings, drawings, and specifications that, at a
723	723	19 minimum, will be required by the school district to be
724	724	20 produced by the design-build entities or design professionals.
725	725	21 (c) The scope and performance criteria must be prepared by
726	726	22 a design professional or public art designer who is an
727	727	23 employee of the school district, or the school district may
728	728	24 contract with an independent design professional or public art
729	729	25 designer selected under the Local Government Professional
730	730
731	731
732	732
733	733
734	734
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736	736
737	737
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739	739	HB5381 - 21 - LRB103 38330 AWJ 68465 b
740	740	1 Services Selection Act to provide these services.
741	741	2 (d) The design professional or public art designer that
742	742	3 prepares the scope and performance criteria is prohibited from
743	743	4 participating in any design-build entity or design
744	744	5 professional proposal for the project.
745	745	6 (e) The design-build contract may be conditioned upon
746	746	7 subsequent refinements in scope and price and may allow the
747	747	8 school district to make modifications in the project scope
748	748	9 without invalidating the design-build contract.
749	749	10 (Source: P.A. 103-491, eff. 1-1-24.)
750	750	11 (105 ILCS 5/15A-25)
751	751	12 Sec. 15A-25. Procedures for selection.
752	752	13 (a) The school district must use a 2-phase procedure for
753	753	14 the selection of the successful design-build entity or design
754	754	15 professional. Phase I of the procedure must evaluate and
755	755	16 shortlist the design-build entities or design professionals
756	756	17 based on qualifications, and Phase II must evaluate the
757	757	18 technical and cost proposals. A school district must select at
758	758	19 least one design professional proposal if one is submitted in
759	759	20 Phase I.
760	760	21 (b) The school district must include in the request for
761	761	22 proposal the evaluating factors to be used in Phase I. These
762	762	23 factors are in addition to any prequalification requirements
763	763	24 of design-build entities or design professionals that the
764	764	25 school district has set forth. Each request for qualifications
765	765
766	766
767	767
768	768
769	769
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771	771
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775	775	1 and proposal must establish the relative importance assigned
776	776	2 to each evaluation factor and subfactor, including any
777	777	3 weighting of criteria to be employed by the school district.
778	778	4 The school district must maintain a record of the evaluation
779	779	5 scoring to be disclosed in event of a protest regarding the
780	780	6 solicitation.
781	781	7 The school district must include the following criteria in
782	782	8 every Phase I evaluation of design-build entities or design
783	783	9 professionals:
784	784	10 (1) experience of personnel, evaluating design and
785	785	11 construction separately;
786	786	12 (2) successful experience with similar project types;
787	787	13 (3) financial capability;
788	788	14 (4) timeliness of past performance;
789	789	15 (5) experience with similarly sized projects;
790	790	16 (6) successful reference checks of the firm;
791	791	17 (7) commitment to assign personnel for the duration of
792	792	18 the project and qualifications of the entity's
793	793	19 consultants; and
794	794	20 (8) ability or past performance in meeting or
795	795	21 exhausting good faith efforts to meet the utilization
796	796	22 goals for business enterprises established in the Business
797	797	23 Enterprise for Minorities, Women, and Persons with
798	798	24 Disabilities Act and with Section 2-105 of the Illinois
799	799	25 Human Rights Act.
800	800	26 The school district may include any additional, relevant
801	801
802	802
803	803
804	804
805	805
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807	807
808	808
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811	811	1 criteria in Phase I that it deems necessary for a proper
812	812	2 qualification review.
813	813	3 The school district may not consider a design-build entity
814	814	4 or design professional for evaluation or an award if the
815	815	5 entity has any pecuniary interest in the project or has other
816	816	6 relationships or circumstances, such as long-term leasehold,
817	817	7 mutual performance, or development contracts with the school
818	818	8 district, that may give the design-build entity or design
819	819	9 professional a financial or tangible advantage over other
820	820	10 design-build entities or design professionals in the
821	821	11 preparation, evaluation, or performance of the design-build
822	822	12 contract or that create the appearance of impropriety. A
823	823	13 design-build entity shall not be disqualified under this
824	824	14 Section solely due to having previously been awarded a project
825	825	15 or projects under any applicable public procurement law of the
826	826	16 State. No proposal may be considered that does not include an
827	827	17 entity's plan to comply with the requirements established in
828	828	18 the Business Enterprise for Minorities, Women, and Persons
829	829	19 with Disabilities Act, for both the design and construction
830	830	20 areas of performance, and with Section 2-105 of the Illinois
831	831	21 Human Rights Act.
832	832	22 Upon completion of the qualification evaluation, the
833	833	23 school district must create a shortlist of the most highly
834	834	24 qualified design-build entities or design professionals. The
835	835	25 school district, in its discretion, is not required to
836	836	26 shortlist the maximum number of entities as identified for
837	837
838	838
839	839
840	840
841	841
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843	843
844	844
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846	846	HB5381 - 24 - LRB103 38330 AWJ 68465 b
847	847	1 Phase II evaluation if no less than 3 2 design-build entities
848	848	2 or design professionals nor more than 6 are selected to submit
849	849	3 Phase II proposals. If a school district receives one response
850	850	4 to Phase I, nothing herein shall prohibit the school district
851	851	5 from proceeding with a Phase II evaluation of the single
852	852	6 respondent, if the school district, in its discretion, finds
853	853	7 proceeding to be in its best interest.
854	854	8 The school district must notify the entities selected for
855	855	9 the shortlist in writing. This notification must commence the
856	856	10 period for the preparation of the Phase II technical and cost
857	857	11 evaluations. The school district must allow 30 days sufficient
858	858	12 time for the shortlist entities to prepare their Phase II
859	859	13 submittals considering the scope and detail requested by the
860	860	14 school district.
861	861	15 (c) The school district must include in the request for
862	862	16 proposal the evaluating factors to be used in the technical
863	863	17 and cost submission components of Phase II. Each request for
864	864	18 proposal must establish, for both the technical and cost
865	865	19 submission components of Phase II, the relative importance
866	866	20 assigned to each evaluation factor and subfactor, including
867	867	21 any weighting of criteria to be employed by the school
868	868	22 district. The school district must maintain a record of the
869	869	23 evaluation scoring to be disclosed in event of a protest
870	870	24 regarding the solicitation.
871	871	25 The school district must include the following criteria in
872	872	26 every Phase II technical evaluation of design-build entities
873	873
874	874
875	875
876	876
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879	879
880	880
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883	883	1 or design professionals:
884	884	2 (1) compliance with objectives of the project;
885	885	3 (2) compliance of proposed services to the request for
886	886	4 proposal requirements;
887	887	5 (3) quality of products or materials proposed;
888	888	6 (4) quality of design parameters;
889	889	7 (5) design concepts;
890	890	8 (6) innovation in meeting the scope and performance
891	891	9 criteria; and
892	892	10 (7) constructability of the proposed project.
893	893	11 The school district may include any additional relevant
894	894	12 technical evaluation factors it deems necessary for proper
895	895	13 selection.
896	896	14 The school district must include the following criteria in
897	897	15 every Phase II cost evaluation: the total project cost, the
898	898	16 construction costs, and the time of completion. The school
899	899	17 district may include any additional relevant technical
900	900	18 evaluation factors it deems necessary for proper selection.
901	901	19 The total project cost criteria weighting factor may not
902	902	20 exceed 30%.
903	903	21 The school district must directly employ or retain a
904	904	22 licensed design professional or a public art designer to
905	905	23 evaluate the technical and cost submissions to determine if
906	906	24 the technical submissions are in accordance with generally
907	907	25 accepted industry standards. Upon completion of the technical
908	908	26 submissions and cost submissions evaluation, the school
909	909
910	910
911	911
912	912
913	913
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915	915
916	916
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919	919	1 district may award the design-build contract to the highest
920	920	2 overall ranked entity.
921	921	3 (Source: P.A. 103-491, eff. 1-1-24.)
922	922	4 (105 ILCS 5/15A-35)
923	923	5 Sec. 15A-35. Submission of qualifications and proposals.
924	924	6 Qualifications and proposals Proposals must be properly
925	925	7 identified and sealed. Qualifications and proposals Proposals
926	926	8 may not be reviewed until after the deadline for submission
927	927	9 has passed as set forth in the request for qualifications and
928	928	10 proposal.
929	929	11 Proposals must include a bid bond in the form and security
930	930	12 as designated in the request for qualifications and proposal.
931	931	13 Qualifications and proposals Proposals must also contain a
932	932	14 separate sealed envelope with the cost information within the
933	933	15 overall proposal submission. Qualifications and proposals
934	934	16 Proposals must include a list of all design professionals,
935	935	17 public art designers, and other entities to which any work may
936	936	18 be subcontracted during the performance of the contract.
937	937	19 Proposals must meet all material requirements of the
938	938	20 request for proposal, or they may be rejected as
939	939	21 nonresponsive. The school district may reject any and all
940	940	22 proposals.
941	941	23 The drawings and specifications of the proposal shall may
942	942	24 remain the property of the design-build entity or design
943	943	25 professional.
944	944
945	945
946	946
947	947
948	948
949	949	HB5381 - 26 - LRB103 38330 AWJ 68465 b
950	950
951	951
952	952	HB5381- 27 -LRB103 38330 AWJ 68465 b HB5381 - 27 - LRB103 38330 AWJ 68465 b
953	953	HB5381 - 27 - LRB103 38330 AWJ 68465 b
954	954	1 The school district must review the proposals for
955	955	2 compliance with the performance criteria and evaluation
956	956	3 factors.
957	957	4 Proposals may be withdrawn prior to evaluation for any
958	958	5 cause. After evaluation begins by the school district, clear
959	959	6 and convincing evidence of error is required for withdrawal.
960	960	7 After a response to a request for qualifications or a
961	961	8 request for proposal has been submitted under this Section, a
962	962	9 design-build entity or design professional may not replace,
963	963	10 remove, or otherwise modify any firm identified as a member of
964	964	11 the proposer's team unless authorized to do so by the school
965	965	12 district.
966	966	13 (Source: P.A. 103-491, eff. 1-1-24.)
967	967	14 (105 ILCS 5/15A-40)
968	968	15 Sec. 15A-40. Award; performance. The school district may
969	969	16 award the contract to the highest overall ranked design-build
970	970	17 entity or design professional. Notice of award must be made in
971	971	18 writing. Unsuccessful design-build entities or design
972	972	19 professionals must also be notified in writing at the same
973	973	20 time. The school district may not request a best and final
974	974	21 offer after the receipt of proposals of all qualified
975	975	22 design-build entities or design professionals. The school
976	976	23 district may negotiate with the selected design-build entity
977	977	24 or design professional after the award, but prior to contract
978	978	25 execution, for the purpose of securing better terms than
979	979
980	980
981	981
982	982
983	983
984	984	HB5381 - 27 - LRB103 38330 AWJ 68465 b
985	985
986	986
987	987	HB5381- 28 -LRB103 38330 AWJ 68465 b HB5381 - 28 - LRB103 38330 AWJ 68465 b
988	988	HB5381 - 28 - LRB103 38330 AWJ 68465 b
989	989	1 originally proposed if the salient features of the request for
990	990	2 proposal are not diminished.
991	991	3 A design-build entity and associated design professionals
992	992	4 must conduct themselves in accordance with the relevant laws
993	993	5 of this State and the related provisions of the Illinois
994	994	6 Administrative Code.
995	995	7 (Source: P.A. 103-491, eff. 1-1-24.)
996	996	8 (105 ILCS 5/15A-45)
997	997	9 Sec. 15A-45. Evaluation and report. At the end of every
998	998	10 6-month period following the contract award, and again prior
999	999	11 to final contract payout and closure, a selected design-build
1000	1000	12 entity or design professional must detail, in a written report
1001	1001	13 submitted to the school district, its efforts and success in
1002	1002	14 implementing the entity's plan to comply with the utilization
1003	1003	15 goals for business enterprises established in the Business
1004	1004	16 Enterprise for Minorities, Women, and Persons with
1005	1005	17 Disabilities Act and the provisions of Section 2-105 of the
1006	1006	18 Illinois Human Rights Act.
1007	1007	19 (Source: P.A. 103-491, eff. 1-1-24.)
1008	1008	HB5381- 29 -LRB103 38330 AWJ 68465 b 1 INDEX 2 Statutes amended in order of appearance HB5381- 29 -LRB103 38330 AWJ 68465 b HB5381 - 29 - LRB103 38330 AWJ 68465 b 1 INDEX 2 Statutes amended in order of appearance
1009	1009	HB5381- 29 -LRB103 38330 AWJ 68465 b HB5381 - 29 - LRB103 38330 AWJ 68465 b
1010	1010	HB5381 - 29 - LRB103 38330 AWJ 68465 b
1011	1011	1 INDEX
1012	1012	2 Statutes amended in order of appearance
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018	HB5381 - 28 - LRB103 38330 AWJ 68465 b
1019	1019
1020	1020
1021	1021
1022	1022	HB5381- 29 -LRB103 38330 AWJ 68465 b HB5381 - 29 - LRB103 38330 AWJ 68465 b
1023	1023	HB5381 - 29 - LRB103 38330 AWJ 68465 b
1024	1024	1 INDEX
1025	1025	2 Statutes amended in order of appearance
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	HB5381 - 29 - LRB103 38330 AWJ 68465 b