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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 adding Division 39.2 to Article 11 as follows:
6 (65 ILCS 5/Art. 11 Div. 39.2 heading)
7 DIVISION 39.2. MUNICIPAL DESIGN-BUILD CONTRACTS
8 (65 ILCS 5/11-39.2-1 new)
9 Sec. 11-39.2-1. Short title. This Division may be cited as
10 the Municipal Design-Build Authorization Act.
11 (65 ILCS 5/11-39.2-5 new)
12 Sec. 11-39.2-5. Purpose. The purpose of this Division is
13 to authorize municipalities to use design-build processes to
14 increase the efficiency and effectiveness of delivering public
15 projects.
16 (65 ILCS 5/11-39.2-10 new)
17 Sec. 11-39.2-10. Definitions. As used in this Division:
18 "Delivery system" means the design and construction
19 approach used to develop and construct a project.
20 "Design-bid-build" means the traditional delivery system
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1 used on public projects that incorporates the competitive
2 bidding process set forth in this Code.
3 "Design-build" means a delivery system that provides
4 responsibility within a single contract for the furnishing of
5 architecture, engineering, land surveying, and related
6 services, as required, and the labor, materials, equipment,
7 and other construction services for the project.
8 "Design-build contract" means a contract for a public
9 project under this Division between a municipality and a
10 design-build entity to furnish: architecture, engineering,
11 land surveying, public art or interpretive exhibits, and
12 related services, as required, and the labor, materials,
13 equipment, and other construction services for the project.
14 "Design-build entity" means an individual, sole
15 proprietorship, firm, partnership, joint venture, corporation,
16 professional corporation, or other entity that proposes to
17 design and construct any public project under this Division.
18 "Design professional" means an individual, sole
19 proprietorship, firm, partnership, joint venture, corporation,
20 professional corporation, or other entity that offers services
21 under the Illinois Architecture Practice Act of 1989, the
22 Professional Engineering Practice Act of 1989, the Structural
23 Engineering Practice Act of 1989, or the Illinois Professional
24 Land Surveyor Act of 1989.
25 "Evaluation criteria" means the requirements for the
26 separate phases of the selection process as defined in this
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1 Division and may include the specialized experience, technical
2 qualifications and competence, capacity to perform, past
3 performance, experience with similar projects, assignment of
4 personnel to the project, and other appropriate factors.
5 "Proposal" means the offer to enter into a design-build
6 contract as submitted by a design-build entity in accordance
7 with this Division.
8 "Public art designer" means an individual, sole
9 proprietorship, firm, partnership, joint venture, corporation,
10 professional corporation, or other entity that has
11 demonstrated experience with the design and fabrication of
12 public art, including any media that has been planned and
13 executed with the intention of being staged in the physical
14 public domain outside and accessible to all or any art which is
15 exhibited in a public space, including publicly accessible
16 buildings, or interpretive exhibits, including communication
17 media that is designed to engage, excite, inform, relate, or
18 reveal the intrinsic nature or indispensable quality of a
19 topic or story being presented.
20 "Request for proposal" means the document used by the
21 municipality to solicit proposals for a design-build contract.
22 "Scope and performance criteria" means the requirements
23 for the public project, such as the intended usage, capacity,
24 size, scope, quality and performance standards, life-cycle
25 costs, and other programmatic criteria that are expressed in
26 performance-oriented and quantifiable specifications and
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1 drawings that can be reasonably inferred and are suited to
2 allow a design-build entity to develop a proposal.
3 (65 ILCS 5/11-39.2-15 new)
4 Sec. 11-39.2-15. Solicitation of proposals.
5 (a) A municipality may enter into design-build contracts.
6 In addition to the requirements set forth in its local
7 ordinances, when the municipality elects to use the
8 design-build delivery method, it must issue a notice of intent
9 to receive proposals for the project at least 14 days before
10 issuing the request for the proposal. The municipality must
11 publish the advance notice in the manner prescribed by
12 ordinance, which must include posting the advance notice
13 online on its website. The municipality may publish the notice
14 in construction industry publications or post the notice on
15 construction industry websites. A brief description of the
16 proposed procurement must be included in the notice. The
17 municipality must provide a copy of the request for proposal
18 to any party requesting a copy.
19 (b) The request for proposal must be prepared for each
20 project and must contain, without limitation, the following
21 information:
22 (1) The name of the municipality.
23 (2) A preliminary schedule for the completion of the
24 contract.
25 (3) The proposed budget for the project, the source of
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1 funds, and the currently available funds at the time the
2 request for proposal is submitted.
3 (4) Prequalification criteria for design-build
4 entities wishing to submit proposals. The municipality
5 must include, at a minimum, its normal qualifications,
6 licensing, registration, and other requirements; however,
7 nothing precludes the use of additional prequalification
8 criteria by the municipality.
9 (5) Material requirements of the contract, such as the
10 proposed terms and conditions, required performance and
11 payment bonds, insurance, and the entity's plan to comply
12 with the utilization goals for business enterprises
13 established in the Business Enterprise for Minorities,
14 Women, and Persons with Disabilities Act and with Section
15 2-105 of the Illinois Human Rights Act.
16 (6) The performance criteria.
17 (7) The evaluation criteria for each phase of the
18 solicitation. Price may not be used as a factor in the
19 evaluation of Phase I proposals.
20 (8) The number of entities that will be considered for
21 the technical and cost evaluation phase.
22 (c) The municipality may include any other relevant
23 information that it chooses to supply. The design-build entity
24 may rely upon the accuracy of this documentation in the
25 development of its proposal.
26 (d) The date that proposals are due must be at least 21
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1 calendar days after the date of the issuance of the request for
2 proposal. If the cost of the project is estimated to exceed
3 $12,000,000, then the proposal due date must be at least 28
4 calendar days after the date of the issuance of the request for
5 proposal. The municipality must include in the request for
6 proposal a minimum of 30 days to develop the Phase II
7 submissions after the selection of entities from the Phase I
8 evaluation is completed.
9 (65 ILCS 5/11-39.2-20 new)
10 Sec. 11-39.2-20. Development of scope and performance
11 criteria.
12 (a) The municipality must develop, with the assistance of
13 a licensed design professional or public art designer, a
14 request for proposal, which must include scope and performance
15 criteria. The scope and performance criteria must be in
16 sufficient detail and contain adequate information to
17 reasonably apprise the qualified design-build entities of the
18 municipality's overall programmatic needs and goals, including
19 criteria and preliminary design plans, general budget
20 parameters, schedule, and delivery requirements.
21 (b) Each request for proposal must also include a
22 description of the level of design to be provided in the
23 proposals. This description must include the scope and type of
24 renderings, drawings, and specifications that, at a minimum,
25 will be required by the municipality to be produced by the
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1 design-build entities.
2 (c) The scope and performance criteria must be prepared by
3 a design professional or public art designer who is an
4 employee of the municipality, or the municipality may contract
5 with an independent design professional or public art designer
6 selected under the Local Government Professional Services
7 Selection Act to provide these services.
8 (d) The design professional or public art designer that
9 prepares the scope and performance criteria is prohibited from
10 participating in any design-build entity proposal for the
11 project.
12 (e) The design-build contract may be conditioned upon
13 subsequent refinements in scope and price and may allow the
14 municipality to make modifications in the project scope
15 without invalidating the design-build contract.
16 (65 ILCS 5/11-39.2-25 new)
17 Sec. 11-39.2-25. Procedures for Selection.
18 (a) The municipality must use a two-phase procedure for
19 the selection of the successful design-build entity. Phase I
20 of the procedure will evaluate and shortlist the design-build
21 entities based on qualifications, and Phase II will evaluate
22 the technical and cost proposals.
23 (b) The municipality must include in the request for
24 proposal the evaluating factors to be used in Phase I. These
25 factors are in addition to any prequalification requirements
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1 of design-build entities that the municipality has set forth.
2 Each request for proposal must establish the relative
3 importance assigned to each evaluation factor and subfactor,
4 including any weighting of criteria to be employed by the
5 municipality. The municipality must maintain a record of the
6 evaluation scoring to be disclosed in event of a protest
7 regarding the solicitation.
8 The municipality must include the following criteria in
9 every Phase I evaluation of design-build entities: (i)
10 experience of personnel; (ii) successful experience with
11 similar project types; (iii) financial capability; (iv)
12 timeliness of past performance; (v) experience with similarly
13 sized projects; (vi) successful reference checks of the firm;
14 (vii) commitment to assign personnel for the duration of the
15 project and qualifications of the entity's consultants; and
16 (viii) ability or past performance in meeting or exhausting
17 good faith efforts to meet the utilization goals for business
18 enterprises established in the Business Enterprise for
19 Minorities, Women, and Persons with Disabilities Act and with
20 Section 2-105 of the Illinois Human Rights Act. The
21 municipality may include any additional, relevant criteria in
22 Phase I that it deems necessary for a proper qualification
23 review.
24 The municipality may not consider any design-build entity
25 for evaluation or award if the entity has any pecuniary
26 interest in the project or has other relationships or
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1 circumstances, such as long-term leasehold, mutual
2 performance, or development contracts with the municipality,
3 that may give the design-build entity a financial or tangible
4 advantage over other design-build entities in the preparation,
5 evaluation, or performance of the design-build contract or
6 that create the appearance of impropriety. No proposal may be
7 considered that does not include an entity's plan to comply
8 with the requirements established in the Business Enterprise
9 for Minorities, Women, and Persons with Disabilities Act, for
10 both the design and construction areas of performance, and
11 with Section 2-105 of the Illinois Human Rights Act.
12 Upon completion of the qualification evaluation, the
13 municipality must create a shortlist of the most highly
14 qualified design-build entities. The municipality, in its
15 discretion, is not required to shortlist the maximum number of
16 entities as identified for Phase II evaluation if no less than
17 2 design-build entities nor more than 6 are selected to submit
18 Phase II proposals.
19 The municipality must notify the entities selected for the
20 shortlist in writing. This notification must commence the
21 period for the preparation of the Phase II technical and cost
22 evaluations. The municipality must allow sufficient time for
23 the shortlist entities to prepare their Phase II submittals
24 considering the scope and detail requested by the
25 municipality.
26 (c) The municipality must include in the request for
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1 proposal the evaluating factors to be used in the technical
2 and cost submission components of Phase II. Each request for
3 proposal must establish, for both the technical and cost
4 submission components of Phase II, the relative importance
5 assigned to each evaluation factor and subfactor, including
6 any weighting of criteria to be employed by the municipality.
7 The municipality must maintain a record of the evaluation
8 scoring to be disclosed in event of a protest regarding the
9 solicitation.
10 The municipality must include the following criteria in
11 every Phase II technical evaluation of design-build entities:
12 (i) compliance with objectives of the project; (ii) compliance
13 of proposed services to the request for proposal requirements;
14 (iii) quality of products or materials proposed; (iv) quality
15 of design parameters; (v) design concepts; (vi) innovation in
16 meeting the scope and performance criteria; and (vii)
17 constructability of the proposed project. The municipality may
18 include any additional relevant technical evaluation factors
19 it deems necessary for proper selection.
20 The municipality must include the following criteria in
21 every Phase II cost evaluation: the total project cost, the
22 construction costs, and the time of completion. The
23 municipality may include any additional relevant technical
24 evaluation factors it deems necessary for proper selection.
25 The total project cost criteria weighting factor may not
26 exceed 30%.
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1 The municipality must directly employ or retain a licensed
2 design professional or a public art designer to evaluate the
3 technical and cost submissions to determine if the technical
4 submissions are in accordance with generally accepted industry
5 standards. Upon completion of the technical submissions and
6 cost submissions evaluation, the municipality may award the
7 design-build contract to the highest overall ranked entity.
8 (65 ILCS 5/11-39.2-30 new)
9 Sec. 11-39.2-30. Small projects. In any case where the
10 total overall cost of the project is estimated to be less than
11 $12,000,000, the municipality may combine the two-phase
12 procedure for selection described in Section 11-39.2-25 into
13 one combined step if all the requirements of evaluation are
14 performed in accordance with Section 11-39.2-25.
15 (65 ILCS 5/11-39.2-35 new)
16 Sec. 11-39.2-35. Submission of proposals. Proposals must
17 be properly identified and sealed. Proposals may not be
18 reviewed until after the deadline for submission has passed as
19 set forth in the request for proposals.
20 Proposals must include a bid bond in the form and security
21 as designated in the request for proposals. Proposals must
22 also contain a separate sealed envelope with the cost
23 information within the overall proposal submission. Proposals
24 must include a list of all design professionals, public art
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1 designers, and other entities to which any work may be
2 subcontracted during the performance of the contract.
3 Proposals must meet all material requirements of the
4 request for proposal or they may be rejected as nonresponsive.
5 The municipality may reject any and all proposals.
6 The drawings and specifications of the proposal may remain
7 the property of the design-build entity.
8 The municipality must review the proposals for compliance
9 with the performance criteria and evaluation factors.
10 Proposals may be withdrawn prior to evaluation for any
11 cause. After evaluation begins by the municipality, clear and
12 convincing evidence of error is required for withdrawal.
13 After a response to a request for qualifications or a
14 request for proposal has been submitted as provided in this
15 Section, a design-build entity may not replace, remove, or
16 otherwise modify any firm identified as a member of the
17 proposer's team unless authorized to do so by the
18 municipality.
19 (65 ILCS 5/11-39.2-40 new)
20 Sec. 11-39.2-40. Award; performance. The municipality may
21 award the contract to the highest overall ranked design-build
22 entity. Notice of award must be made in writing. Unsuccessful
23 design-build entities must also be notified in writing. The
24 municipality may not request a best and final offer after the
25 receipt of proposals of all qualified design-build entities.
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1 The municipality may negotiate with the selected design-build
2 entity after award, but prior to contract execution, for the
3 purpose of securing better terms than originally proposed if
4 the salient features of the request for proposal are not
5 diminished.
6 A design-build entity and associated design professionals
7 must conduct themselves in accordance with the relevant laws
8 of this State and the related provisions of the Illinois
9 Administrative Code.
10 (65 ILCS 5/11-39.2-45 new)
11 Sec. 11-39.2-45. Reports and evaluation. At the end of
12 every 6-month period following the contract award, and again
13 prior to final contract payout and closure, a selected
14 design-build entity must detail, in a written report submitted
15 to the municipality, its efforts and success in implementing
16 the entity's plan to comply with the utilization goals for
17 business enterprises established in the Business Enterprise
18 for Minorities, Women, and Persons with Disabilities Act and
19 the provisions of Section 2-105 of the Illinois Human Rights
20 Act.
21 (65 ILCS 5/11-39.2-50 new)
22 Sec. 11-39.2-50. Exception. Nothing in this Division
23 prevents a municipality from using a qualification-based
24 selection process for design professionals or construction
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1 managers for design-build projects.
2 (65 ILCS 5/11-39.2-55 new)
3 Sec. 11-39.2-55. Severability. The provisions of this
4 Division are severable under Section 1.31 of the Statute on
5 Statutes.
6 Section 10. The School Code is amended by adding Article
7 15A as follows:
8 (105 ILCS 5/Art. 15A heading new)
9 ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
10 (105 ILCS 5/15A-1 new)
11 Sec. 15A-1. Short title. This Article may be cited as the
12 School Design-Build Authorization Law.
13 (105 ILCS 5/15A-5 new)
14 Sec. 15A-5. Purpose. The purpose of this Article is to
15 authorize school districts to use design-build processes to
16 increase the efficiency and effectiveness of delivering public
17 projects.
18 (105 ILCS 5/15A-10 new)
19 Sec. 15A-10. Definitions. As used in this Article:
20 "Delivery system" means the design and construction
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1 approach used to develop and construct a project.
2 "Design-build" means a delivery system that provides
3 responsibility within a single contract for the furnishing of
4 architecture, engineering, land surveying, and related
5 services, as required, and the labor, materials, equipment,
6 and other construction services for the project.
7 "Design-build contract" means a contract for a public
8 project under this Article between a school district and a
9 design-build entity to furnish: architecture, engineering,
10 land surveying, public art or interpretive exhibits, and
11 related services, as required, and the labor, materials,
12 equipment, and other construction services for the project.
13 "Design-build entity" means an individual, sole
14 proprietorship, firm, partnership, joint venture, corporation,
15 professional corporation, or other entity that proposes to
16 design and construct any public project under this Article.
17 "Design professional" means an individual, sole
18 proprietorship, firm, partnership, joint venture, corporation,
19 professional corporation, or other entity that offers services
20 under the Illinois Architecture Practice Act of 1989, the
21 Professional Engineering Practice Act of 1989, the Structural
22 Engineering Practice Act of 1989, or the Illinois Professional
23 Land Surveyor Act of 1989.
24 "Evaluation criteria" means the requirements for the
25 separate phases of the selection process as set forth in this
26 Article and may include the specialized experience, technical
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1 qualifications and competence, capacity to perform, past
2 performance, experience with similar projects, assignment of
3 personnel to the project, and other appropriate factors.
4 "Proposal" means the offer to enter into a design-build
5 contract as submitted by a design-build entity in accordance
6 with this Article.
7 "Public art designer" means an individual, sole
8 proprietorship, firm, partnership, joint venture, corporation,
9 professional corporation, or other entity that has
10 demonstrated experience with the design and fabrication of
11 public art, including any media that has been planned and
12 executed with the intention of being staged in the physical
13 public domain outside and accessible to all or any art that is
14 exhibited in a public space, including publicly accessible
15 buildings, or interpretive exhibits, including communication
16 media that is designed to engage, excite, inform, relate, or
17 reveal the intrinsic nature or indispensable quality of a
18 topic or story being presented.
19 "Request for proposal" means the document used by the
20 school district to solicit proposals for a design-build
21 contract.
22 "Scope and performance criteria" means the requirements
23 for the public project, such as the intended usage, capacity,
24 size, scope, quality and performance standards, life-cycle
25 costs, and other programmatic criteria that are expressed in
26 performance-oriented and quantifiable specifications and
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1 drawings that can be reasonably inferred and are suited to
2 allow a design-build entity to develop a proposal.
3 (105 ILCS 5/15A-15 new)
4 Sec. 15A-15. Solicitation of proposals.
5 (a) A school district may enter into design-build
6 contracts. In addition to the requirements set forth by the
7 school board, if the school district elects to use the
8 design-build delivery method, it must issue a notice of intent
9 to receive proposals for the project at least 14 days before
10 issuing the request for the proposal. The school district must
11 publish the advance notice in the manner prescribed by the
12 school board, which must include posting the advance notice
13 online on its website. The school district may publish the
14 notice in construction industry publications or post the
15 notice on construction industry websites. A brief description
16 of the proposed procurement must be included in the notice.
17 The school district must provide a copy of the request for
18 proposal to any party requesting a copy.
19 (b) The request for proposal must be prepared for each
20 project and must contain, without limitation, the following
21 information:
22 (1) The name of the school district.
23 (2) A preliminary schedule for the completion of the
24 contract.
25 (3) The proposed budget for the project, the source of
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1 funds, and the currently available funds at the time the
2 request for proposal is submitted.
3 (4) Prequalification criteria for design-build
4 entities wishing to submit proposals. The school district
5 must include, at a minimum, its normal qualifications,
6 licensing, registration, and other requirements; however,
7 nothing precludes the use of additional prequalification
8 criteria by the school district.
9 (5) Material requirements of the contract, such as the
10 proposed terms and conditions, required performance and
11 payment bonds, insurance, and the entity's plan to comply
12 with the utilization goals for business enterprises
13 established in the Business Enterprise for Minorities,
14 Women, and Persons with Disabilities Act and with Section
15 2-105 of the Illinois Human Rights Act.
16 (6) The performance criteria.
17 (7) The evaluation criteria for each phase of the
18 solicitation. Price may not be used as a factor in the
19 evaluation of Phase I proposals.
20 (8) The number of entities that will be considered for
21 the technical and cost evaluation phase.
22 (c) The school district may include any other relevant
23 information that it chooses to supply. The design-build entity
24 may rely upon the accuracy of this documentation in the
25 development of its proposal.
26 (d) The date that proposals are due must be at least 21
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1 calendar days after the date of the issuance of the request for
2 proposal. If the cost of the project is estimated to exceed
3 $12,000,000, then the proposal due date must be at least 28
4 calendar days after the date of the issuance of the request for
5 proposal. The school district must include in the request for
6 proposal a minimum of 30 days to develop the Phase II
7 submissions after the selection of entities from the Phase I
8 evaluation is completed.
9 (105 ILCS 5/15A-20 new)
10 Sec. 15A-20. Development of scope and performance
11 criteria.
12 (a) The school district must develop, with the assistance
13 of a licensed design professional or public art designer, a
14 request for proposal, which must include scope and performance
15 criteria. The scope and performance criteria must be in
16 sufficient detail and contain adequate information to
17 reasonably apprise the qualified design-build entities of the
18 school district's overall programmatic needs and goals,
19 including criteria, general budget parameters, schedule, and
20 delivery requirements.
21 (b) Each request for proposal must also include a
22 description of the level of design to be provided in the
23 proposals. This description must include the scope and type of
24 renderings, drawings, and specifications that, at a minimum,
25 will be required by the school district to be produced by the
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1 design-build entities.
2 (c) The scope and performance criteria must be prepared by
3 a design professional or public art designer who is an
4 employee of the school district, or the school district may
5 contract with an independent design professional or public art
6 designer selected under the Local Government Professional
7 Services Selection Act to provide these services.
8 (d) The design professional or public art designer that
9 prepares the scope and performance criteria is prohibited from
10 participating in any design-build entity proposal for the
11 project.
12 (e) The design-build contract may be conditioned upon
13 subsequent refinements in scope and price and may allow the
14 school district to make modifications in the project scope
15 without invalidating the design-build contract.
16 (105 ILCS 5/15A-25 new)
17 Sec. 15A-25. Procedures for selection.
18 (a) The school district must use a 2-phase procedure for
19 the selection of the successful design-build entity. Phase I
20 of the procedure must evaluate and shortlist the design-build
21 entities based on qualifications, and Phase II must evaluate
22 the technical and cost proposals.
23 (b) The school district must include in the request for
24 proposal the evaluating factors to be used in Phase I. These
25 factors are in addition to any prequalification requirements
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1 of design-build entities that the school district has set
2 forth. Each request for proposal must establish the relative
3 importance assigned to each evaluation factor and subfactor,
4 including any weighting of criteria to be employed by the
5 school district. The school district must maintain a record of
6 the evaluation scoring to be disclosed in event of a protest
7 regarding the solicitation.
8 The school district must include the following criteria in
9 every Phase I evaluation of design-build entities:
10 (1) experience of personnel;
11 (2) successful experience with similar project types;
12 (3) financial capability;
13 (4) timeliness of past performance;
14 (5) experience with similarly sized projects;
15 (6) successful reference checks of the firm;
16 (7) commitment to assign personnel for the duration of
17 the project and qualifications of the entity's
18 consultants; and
19 (8) ability or past performance in meeting or
20 exhausting good faith efforts to meet the utilization
21 goals for business enterprises established in the Business
22 Enterprise for Minorities, Women, and Persons with
23 Disabilities Act and with Section 2-105 of the Illinois
24 Human Rights Act.
25 The school district may include any additional, relevant
26 criteria in Phase I that it deems necessary for a proper
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1 qualification review.
2 The school district may not consider a design-build entity
3 for evaluation or an award if the entity has any pecuniary
4 interest in the project or has other relationships or
5 circumstances, such as long-term leasehold, mutual
6 performance, or development contracts with the school
7 district, that may give the design-build entity a financial or
8 tangible advantage over other design-build entities in the
9 preparation, evaluation, or performance of the design-build
10 contract or that create the appearance of impropriety. A
11 design-build entity shall not be disqualified under this
12 Section solely due to having previously been awarded a project
13 or projects under any applicable public procurement law of the
14 State. No proposal may be considered that does not include an
15 entity's plan to comply with the requirements established in
16 the Business Enterprise for Minorities, Women, and Persons
17 with Disabilities Act, for both the design and construction
18 areas of performance, and with Section 2-105 of the Illinois
19 Human Rights Act.
20 Upon completion of the qualification evaluation, the
21 school district must create a shortlist of the most highly
22 qualified design-build entities. The school district, in its
23 discretion, is not required to shortlist the maximum number of
24 entities as identified for Phase II evaluation if no less than
25 2 design-build entities nor more than 6 are selected to submit
26 Phase II proposals. If a school district receives one response
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1 to Phase I, nothing herein shall prohibit the school district
2 from proceeding with a Phase II evaluation of the single
3 respondent, if the school district, in its discretion, finds
4 proceeding to be in its best interest.
5 The school district must notify the entities selected for
6 the shortlist in writing. This notification must commence the
7 period for the preparation of the Phase II technical and cost
8 evaluations. The school district must allow sufficient time
9 for the shortlist entities to prepare their Phase II
10 submittals considering the scope and detail requested by the
11 school district.
12 (c) The school district must include in the request for
13 proposal the evaluating factors to be used in the technical
14 and cost submission components of Phase II. Each request for
15 proposal must establish, for both the technical and cost
16 submission components of Phase II, the relative importance
17 assigned to each evaluation factor and subfactor, including
18 any weighting of criteria to be employed by the school
19 district. The school district must maintain a record of the
20 evaluation scoring to be disclosed in event of a protest
21 regarding the solicitation.
22 The school district must include the following criteria in
23 every Phase II technical evaluation of design-build entities:
24 (1) compliance with objectives of the project;
25 (2) compliance of proposed services to the request for
26 proposal requirements;
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1 (3) quality of products or materials proposed;
2 (4) quality of design parameters;
3 (5) design concepts;
4 (6) innovation in meeting the scope and performance
5 criteria; and
6 (7) constructability of the proposed project.
7 The school district may include any additional relevant
8 technical evaluation factors it deems necessary for proper
9 selection.
10 The school district must include the following criteria in
11 every Phase II cost evaluation: the total project cost, the
12 construction costs, and the time of completion. The school
13 district may include any additional relevant technical
14 evaluation factors it deems necessary for proper selection.
15 The total project cost criteria weighting factor may not
16 exceed 30%.
17 The school district must directly employ or retain a
18 licensed design professional or a public art designer to
19 evaluate the technical and cost submissions to determine if
20 the technical submissions are in accordance with generally
21 accepted industry standards. Upon completion of the technical
22 submissions and cost submissions evaluation, the school
23 district may award the design-build contract to the highest
24 overall ranked entity.
25 (105 ILCS 5/15A-30 new)
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1 Sec. 15A-30. Small projects. In any case in which the
2 total overall cost of the project is estimated to be
3 $12,000,000 or less, the school district may combine the
4 2-phase procedure for selection described in Section 15A-25
5 into one combined step if all the requirements of evaluation
6 are performed in accordance with Section 15A-25.
7 (105 ILCS 5/15A-35 new)
8 Sec. 15A-35. Submission of proposals. Proposals must be
9 properly identified and sealed. Proposals may not be reviewed
10 until after the deadline for submission has passed as set
11 forth in the request for proposal.
12 Proposals must include a bid bond in the form and security
13 as designated in the request for proposal. Proposals must also
14 contain a separate sealed envelope with the cost information
15 within the overall proposal submission. Proposals must include
16 a list of all design professionals, public art designers, and
17 other entities to which any work may be subcontracted during
18 the performance of the contract.
19 Proposals must meet all material requirements of the
20 request for proposal, or they may be rejected as
21 nonresponsive. The school district may reject any and all
22 proposals.
23 The drawings and specifications of the proposal may remain
24 the property of the design-build entity.
25 The school district must review the proposals for
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1 compliance with the performance criteria and evaluation
2 factors.
3 Proposals may be withdrawn prior to evaluation for any
4 cause. After evaluation begins by the school district, clear
5 and convincing evidence of error is required for withdrawal.
6 After a response to a request for qualifications or a
7 request for proposal has been submitted under this Section, a
8 design-build entity may not replace, remove, or otherwise
9 modify any firm identified as a member of the proposer's team
10 unless authorized to do so by the school district.
11 (105 ILCS 5/15A-40 new)
12 Sec. 15A-40. Award; performance. The school district may
13 award the contract to the highest overall ranked design-build
14 entity. Notice of award must be made in writing. Unsuccessful
15 design-build entities must also be notified in writing. The
16 school district may not request a best and final offer after
17 the receipt of proposals of all qualified design-build
18 entities. The school district may negotiate with the selected
19 design-build entity after the award, but prior to contract
20 execution, for the purpose of securing better terms than
21 originally proposed if the salient features of the request for
22 proposal are not diminished.
23 A design-build entity and associated design professionals
24 must conduct themselves in accordance with the relevant laws
25 of this State and the related provisions of the Illinois
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1 Administrative Code.
2 (105 ILCS 5/15A-45 new)
3 Sec. 15A-45. Evaluation and report. At the end of every
4 6-month period following the contract award, and again prior
5 to final contract payout and closure, a selected design-build
6 entity must detail, in a written report submitted to the
7 school district, its efforts and success in implementing the
8 entity's plan to comply with the utilization goals for
9 business enterprises established in the Business Enterprise
10 for Minorities, Women, and Persons with Disabilities Act and
11 the provisions of Section 2-105 of the Illinois Human Rights
12 Act.
13 (105 ILCS 5/15A-50 new)
14 Sec. 15A-50. Exception. Nothing in this Article prevents a
15 school district from using a qualification-based selection
16 process for design professionals or construction managers for
17 design-build projects.
18 (105 ILCS 5/15A-90 new)
19 Sec. 15A-90. Severability. The provisions of this Article
20 are severable under Section 1.31 of the Statute on Statutes.
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