Public Act 103-0491
SB1570 EnrolledLRB103 05684 AWJ 50703 b SB1570 Enrolled LRB103 05684 AWJ 50703 b
SB1570 Enrolled LRB103 05684 AWJ 50703 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Division 39.2 to Article 11 as follows:
(65 ILCS 5/Art. 11 Div. 39.2 heading)
DIVISION 39.2. MUNICIPAL DESIGN-BUILD CONTRACTS
(65 ILCS 5/11-39.2-1 new)
Sec. 11-39.2-1. Short title. This Division may be cited as
the Municipal Design-Build Authorization Act.
(65 ILCS 5/11-39.2-5 new)
Sec. 11-39.2-5. Purpose. The purpose of this Division is
to authorize municipalities to use design-build processes to
increase the efficiency and effectiveness of delivering public
projects.
(65 ILCS 5/11-39.2-10 new)
Sec. 11-39.2-10. Definitions. As used in this Division:
"Delivery system" means the design and construction
approach used to develop and construct a project.
"Design-bid-build" means the traditional delivery system
SB1570 Enrolled LRB103 05684 AWJ 50703 b
used on public projects that incorporates the competitive
bidding process set forth in this Code.
"Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying, and related
services, as required, and the labor, materials, equipment,
and other construction services for the project.
"Design-build contract" means a contract for a public
project under this Division between a municipality and a
design-build entity to furnish: architecture, engineering,
land surveying, public art or interpretive exhibits, and
related services, as required, and the labor, materials,
equipment, and other construction services for the project.
"Design-build entity" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Division.
"Design professional" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services
under the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the
separate phases of the selection process as defined in this
Division and may include the specialized experience, technical
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Division.
"Public art designer" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that has
demonstrated experience with the design and fabrication of
public art, including any media that has been planned and
executed with the intention of being staged in the physical
public domain outside and accessible to all or any art which is
exhibited in a public space, including publicly accessible
buildings, or interpretive exhibits, including communication
media that is designed to engage, excite, inform, relate, or
reveal the intrinsic nature or indispensable quality of a
topic or story being presented.
"Request for proposal" means the document used by the
municipality to solicit proposals for a design-build contract.
"Scope and performance criteria" means the requirements
for the public project, such as the intended usage, capacity,
size, scope, quality and performance standards, life-cycle
costs, and other programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity to develop a proposal.
(65 ILCS 5/11-39.2-15 new)
Sec. 11-39.2-15. Solicitation of proposals.
(a) A municipality may enter into design-build contracts.
In addition to the requirements set forth in its local
ordinances, when the municipality elects to use the
design-build delivery method, it must issue a notice of intent
to receive proposals for the project at least 14 days before
issuing the request for the proposal. The municipality must
publish the advance notice in the manner prescribed by
ordinance, which must include posting the advance notice
online on its website. The municipality may publish the notice
in construction industry publications or post the notice on
construction industry websites. A brief description of the
proposed procurement must be included in the notice. The
municipality must provide a copy of the request for proposal
to any party requesting a copy.
(b) The request for proposal must be prepared for each
project and must contain, without limitation, the following
information:
(1) The name of the municipality.
(2) A preliminary schedule for the completion of the
contract.
(3) The proposed budget for the project, the source of
funds, and the currently available funds at the time the
request for proposal is submitted.
(4) Prequalification criteria for design-build
entities wishing to submit proposals. The municipality
must include, at a minimum, its normal qualifications,
licensing, registration, and other requirements; however,
nothing precludes the use of additional prequalification
criteria by the municipality.
(5) Material requirements of the contract, such as the
proposed terms and conditions, required performance and
payment bonds, insurance, and the entity's plan to comply
with the utilization goals for business enterprises
established in the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act and with Section
2-105 of the Illinois Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the
solicitation. Price may not be used as a factor in the
evaluation of Phase I proposals.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.
(c) The municipality may include any other relevant
information that it chooses to supply. The design-build entity
may rely upon the accuracy of this documentation in the
development of its proposal.
(d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. If the cost of the project is estimated to exceed
$12,000,000, then the proposal due date must be at least 28
calendar days after the date of the issuance of the request for
proposal. The municipality must include in the request for
proposal a minimum of 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.
(65 ILCS 5/11-39.2-20 new)
Sec. 11-39.2-20. Development of scope and performance
criteria.
(a) The municipality must develop, with the assistance of
a licensed design professional or public art designer, a
request for proposal, which must include scope and performance
criteria. The scope and performance criteria must be in
sufficient detail and contain adequate information to
reasonably apprise the qualified design-build entities of the
municipality's overall programmatic needs and goals, including
criteria and preliminary design plans, general budget
parameters, schedule, and delivery requirements.
(b) Each request for proposal must also include a
description of the level of design to be provided in the
proposals. This description must include the scope and type of
renderings, drawings, and specifications that, at a minimum,
will be required by the municipality to be produced by the
design-build entities.
(c) The scope and performance criteria must be prepared by
a design professional or public art designer who is an
employee of the municipality, or the municipality may contract
with an independent design professional or public art designer
selected under the Local Government Professional Services
Selection Act to provide these services.
(d) The design professional or public art designer that
prepares the scope and performance criteria is prohibited from
participating in any design-build entity proposal for the
project.
(e) The design-build contract may be conditioned upon
subsequent refinements in scope and price and may allow the
municipality to make modifications in the project scope
without invalidating the design-build contract.
(65 ILCS 5/11-39.2-25 new)
Sec. 11-39.2-25. Procedures for Selection.
(a) The municipality must use a two-phase procedure for
the selection of the successful design-build entity. Phase I
of the procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
(b) The municipality must include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements
of design-build entities that the municipality has set forth.
Each request for proposal must establish the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the
municipality. The municipality must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The municipality must include the following criteria in
every Phase I evaluation of design-build entities: (i)
experience of personnel; (ii) successful experience with
similar project types; (iii) financial capability; (iv)
timeliness of past performance; (v) experience with similarly
sized projects; (vi) successful reference checks of the firm;
(vii) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and
(viii) ability or past performance in meeting or exhausting
good faith efforts to meet the utilization goals for business
enterprises established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and with
Section 2-105 of the Illinois Human Rights Act. The
municipality may include any additional, relevant criteria in
Phase I that it deems necessary for a proper qualification
review.
The municipality may not consider any design-build entity
for evaluation or award if the entity has any pecuniary
interest in the project or has other relationships or
circumstances, such as long-term leasehold, mutual
performance, or development contracts with the municipality,
that may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or
that create the appearance of impropriety. No proposal may be
considered that does not include an entity's plan to comply
with the requirements established in the Business Enterprise
for Minorities, Women, and Persons with Disabilities Act, for
both the design and construction areas of performance, and
with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualification evaluation, the
municipality must create a shortlist of the most highly
qualified design-build entities. The municipality, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation if no less than
2 design-build entities nor more than 6 are selected to submit
Phase II proposals.
The municipality must notify the entities selected for the
shortlist in writing. This notification must commence the
period for the preparation of the Phase II technical and cost
evaluations. The municipality must allow sufficient time for
the shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the
municipality.
(c) The municipality must include in the request for
proposal the evaluating factors to be used in the technical
and cost submission components of Phase II. Each request for
proposal must establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including
any weighting of criteria to be employed by the municipality.
The municipality must maintain a record of the evaluation
scoring to be disclosed in event of a protest regarding the
solicitation.
The municipality must include the following criteria in
every Phase II technical evaluation of design-build entities:
(i) compliance with objectives of the project; (ii) compliance
of proposed services to the request for proposal requirements;
(iii) quality of products or materials proposed; (iv) quality
of design parameters; (v) design concepts; (vi) innovation in
meeting the scope and performance criteria; and (vii)
constructability of the proposed project. The municipality may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The municipality must include the following criteria in
every Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The
municipality may include any additional relevant technical
evaluation factors it deems necessary for proper selection.
The total project cost criteria weighting factor may not
exceed 30%.
The municipality must directly employ or retain a licensed
design professional or a public art designer to evaluate the
technical and cost submissions to determine if the technical
submissions are in accordance with generally accepted industry
standards. Upon completion of the technical submissions and
cost submissions evaluation, the municipality may award the
design-build contract to the highest overall ranked entity.
(65 ILCS 5/11-39.2-30 new)
Sec. 11-39.2-30. Small projects. In any case where the
total overall cost of the project is estimated to be less than
$12,000,000, the municipality may combine the two-phase
procedure for selection described in Section 11-39.2-25 into
one combined step if all the requirements of evaluation are
performed in accordance with Section 11-39.2-25.
(65 ILCS 5/11-39.2-35 new)
Sec. 11-39.2-35. Submission of proposals. Proposals must
be properly identified and sealed. Proposals may not be
reviewed until after the deadline for submission has passed as
set forth in the request for proposals.
Proposals must include a bid bond in the form and security
as designated in the request for proposals. Proposals must
also contain a separate sealed envelope with the cost
information within the overall proposal submission. Proposals
must include a list of all design professionals, public art
designers, and other entities to which any work may be
subcontracted during the performance of the contract.
Proposals must meet all material requirements of the
request for proposal or they may be rejected as nonresponsive.
The municipality may reject any and all proposals.
The drawings and specifications of the proposal may remain
the property of the design-build entity.
The municipality must review the proposals for compliance
with the performance criteria and evaluation factors.
Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the municipality, clear and
convincing evidence of error is required for withdrawal.
After a response to a request for qualifications or a
request for proposal has been submitted as provided in this
Section, a design-build entity may not replace, remove, or
otherwise modify any firm identified as a member of the
proposer's team unless authorized to do so by the
municipality.
(65 ILCS 5/11-39.2-40 new)
Sec. 11-39.2-40. Award; performance. The municipality may
award the contract to the highest overall ranked design-build
entity. Notice of award must be made in writing. Unsuccessful
design-build entities must also be notified in writing. The
municipality may not request a best and final offer after the
receipt of proposals of all qualified design-build entities.
The municipality may negotiate with the selected design-build
entity after award, but prior to contract execution, for the
purpose of securing better terms than originally proposed if
the salient features of the request for proposal are not
diminished.
A design-build entity and associated design professionals
must conduct themselves in accordance with the relevant laws
of this State and the related provisions of the Illinois
Administrative Code.
(65 ILCS 5/11-39.2-45 new)
Sec. 11-39.2-45. Reports and evaluation. At the end of
every 6-month period following the contract award, and again
prior to final contract payout and closure, a selected
design-build entity must detail, in a written report submitted
to the municipality, its efforts and success in implementing
the entity's plan to comply with the utilization goals for
business enterprises established in the Business Enterprise
for Minorities, Women, and Persons with Disabilities Act and
the provisions of Section 2-105 of the Illinois Human Rights
Act.
(65 ILCS 5/11-39.2-50 new)
Sec. 11-39.2-50. Exception. Nothing in this Division
prevents a municipality from using a qualification-based
selection process for design professionals or construction
managers for design-build projects.
(65 ILCS 5/11-39.2-55 new)
Sec. 11-39.2-55. Severability. The provisions of this
Division are severable under Section 1.31 of the Statute on
Statutes.
Section 10. The School Code is amended by adding Article
15A as follows:
(105 ILCS 5/Art. 15A heading new)
ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
(105 ILCS 5/15A-1 new)
Sec. 15A-1. Short title. This Article may be cited as the
School Design-Build Authorization Law.
(105 ILCS 5/15A-5 new)
Sec. 15A-5. Purpose. The purpose of this Article is to
authorize school districts to use design-build processes to
increase the efficiency and effectiveness of delivering public
projects.
(105 ILCS 5/15A-10 new)
Sec. 15A-10. Definitions. As used in this Article:
"Delivery system" means the design and construction
approach used to develop and construct a project.
"Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying, and related
services, as required, and the labor, materials, equipment,
and other construction services for the project.
"Design-build contract" means a contract for a public
project under this Article between a school district and a
design-build entity to furnish: architecture, engineering,
land surveying, public art or interpretive exhibits, and
related services, as required, and the labor, materials,
equipment, and other construction services for the project.
"Design-build entity" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Article.
"Design professional" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services
under the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the
separate phases of the selection process as set forth in this
Article and may include the specialized experience, technical
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Article.
"Public art designer" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that has
demonstrated experience with the design and fabrication of
public art, including any media that has been planned and
executed with the intention of being staged in the physical
public domain outside and accessible to all or any art that is
exhibited in a public space, including publicly accessible
buildings, or interpretive exhibits, including communication
media that is designed to engage, excite, inform, relate, or
reveal the intrinsic nature or indispensable quality of a
topic or story being presented.
"Request for proposal" means the document used by the
school district to solicit proposals for a design-build
contract.
"Scope and performance criteria" means the requirements
for the public project, such as the intended usage, capacity,
size, scope, quality and performance standards, life-cycle
costs, and other programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity to develop a proposal.
(105 ILCS 5/15A-15 new)
Sec. 15A-15. Solicitation of proposals.
(a) A school district may enter into design-build
contracts. In addition to the requirements set forth by the
school board, if the school district elects to use the
design-build delivery method, it must issue a notice of intent
to receive proposals for the project at least 14 days before
issuing the request for the proposal. The school district must
publish the advance notice in the manner prescribed by the
school board, which must include posting the advance notice
online on its website. The school district may publish the
notice in construction industry publications or post the
notice on construction industry websites. A brief description
of the proposed procurement must be included in the notice.
The school district must provide a copy of the request for
proposal to any party requesting a copy.
(b) The request for proposal must be prepared for each
project and must contain, without limitation, the following
information:
(1) The name of the school district.
(2) A preliminary schedule for the completion of the
contract.
(3) The proposed budget for the project, the source of
funds, and the currently available funds at the time the
request for proposal is submitted.
(4) Prequalification criteria for design-build
entities wishing to submit proposals. The school district
must include, at a minimum, its normal qualifications,
licensing, registration, and other requirements; however,
nothing precludes the use of additional prequalification
criteria by the school district.
(5) Material requirements of the contract, such as the
proposed terms and conditions, required performance and
payment bonds, insurance, and the entity's plan to comply
with the utilization goals for business enterprises
established in the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act and with Section
2-105 of the Illinois Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the
solicitation. Price may not be used as a factor in the
evaluation of Phase I proposals.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.
(c) The school district may include any other relevant
information that it chooses to supply. The design-build entity
may rely upon the accuracy of this documentation in the
development of its proposal.
(d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. If the cost of the project is estimated to exceed
$12,000,000, then the proposal due date must be at least 28
calendar days after the date of the issuance of the request for
proposal. The school district must include in the request for
proposal a minimum of 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.
(105 ILCS 5/15A-20 new)
Sec. 15A-20. Development of scope and performance
criteria.
(a) The school district must develop, with the assistance
of a licensed design professional or public art designer, a
request for proposal, which must include scope and performance
criteria. The scope and performance criteria must be in
sufficient detail and contain adequate information to
reasonably apprise the qualified design-build entities of the
school district's overall programmatic needs and goals,
including criteria, general budget parameters, schedule, and
delivery requirements.
(b) Each request for proposal must also include a
description of the level of design to be provided in the
proposals. This description must include the scope and type of
renderings, drawings, and specifications that, at a minimum,
will be required by the school district to be produced by the
design-build entities.
(c) The scope and performance criteria must be prepared by
a design professional or public art designer who is an
employee of the school district, or the school district may
contract with an independent design professional or public art
designer selected under the Local Government Professional
Services Selection Act to provide these services.
(d) The design professional or public art designer that
prepares the scope and performance criteria is prohibited from
participating in any design-build entity proposal for the
project.
(e) The design-build contract may be conditioned upon
subsequent refinements in scope and price and may allow the
school district to make modifications in the project scope
without invalidating the design-build contract.
(105 ILCS 5/15A-25 new)
Sec. 15A-25. Procedures for selection.
(a) The school district must use a 2-phase procedure for
the selection of the successful design-build entity. Phase I
of the procedure must evaluate and shortlist the design-build
entities based on qualifications, and Phase II must evaluate
the technical and cost proposals.
(b) The school district must include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements
of design-build entities that the school district has set
forth. Each request for proposal must establish the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the
school district. The school district must maintain a record of
the evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The school district must include the following criteria in
every Phase I evaluation of design-build entities:
(1) experience of personnel;
(2) successful experience with similar project types;
(3) financial capability;
(4) timeliness of past performance;
(5) experience with similarly sized projects;
(6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of
the project and qualifications of the entity's
consultants; and
(8) ability or past performance in meeting or
exhausting good faith efforts to meet the utilization
goals for business enterprises established in the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act and with Section 2-105 of the Illinois
Human Rights Act.
The school district may include any additional, relevant
criteria in Phase I that it deems necessary for a proper
qualification review.
The school district may not consider a design-build entity
for evaluation or an award if the entity has any pecuniary
interest in the project or has other relationships or
circumstances, such as long-term leasehold, mutual
performance, or development contracts with the school
district, that may give the design-build entity a financial or
tangible advantage over other design-build entities in the
preparation, evaluation, or performance of the design-build
contract or that create the appearance of impropriety. A
design-build entity shall not be disqualified under this
Section solely due to having previously been awarded a project
or projects under any applicable public procurement law of the
State. No proposal may be considered that does not include an
entity's plan to comply with the requirements established in
the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act, for both the design and construction
areas of performance, and with Section 2-105 of the Illinois
Human Rights Act.
Upon completion of the qualification evaluation, the
school district must create a shortlist of the most highly
qualified design-build entities. The school district, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation if no less than
2 design-build entities nor more than 6 are selected to submit
Phase II proposals. If a school district receives one response
to Phase I, nothing herein shall prohibit the school district
from proceeding with a Phase II evaluation of the single
respondent, if the school district, in its discretion, finds
proceeding to be in its best interest.
The school district must notify the entities selected for
the shortlist in writing. This notification must commence the
period for the preparation of the Phase II technical and cost
evaluations. The school district must allow sufficient time
for the shortlist entities to prepare their Phase II
submittals considering the scope and detail requested by the
school district.
(c) The school district must include in the request for
proposal the evaluating factors to be used in the technical
and cost submission components of Phase II. Each request for
proposal must establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including
any weighting of criteria to be employed by the school
district. The school district must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The school district must include the following criteria in
every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request for
proposal requirements;
(3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance
criteria; and
(7) constructability of the proposed project.
The school district may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
The school district must include the following criteria in
every Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The school
district may include any additional relevant technical
evaluation factors it deems necessary for proper selection.
The total project cost criteria weighting factor may not
exceed 30%.
The school district must directly employ or retain a
licensed design professional or a public art designer to
evaluate the technical and cost submissions to determine if
the technical submissions are in accordance with generally
accepted industry standards. Upon completion of the technical
submissions and cost submissions evaluation, the school
district may award the design-build contract to the highest
overall ranked entity.
(105 ILCS 5/15A-30 new)
Sec. 15A-30. Small projects. In any case in which the
total overall cost of the project is estimated to be
$12,000,000 or less, the school district may combine the
2-phase procedure for selection described in Section 15A-25
into one combined step if all the requirements of evaluation
are performed in accordance with Section 15A-25.
(105 ILCS 5/15A-35 new)
Sec. 15A-35. Submission of proposals. Proposals must be
properly identified and sealed. Proposals may not be reviewed
until after the deadline for submission has passed as set
forth in the request for proposal.
Proposals must include a bid bond in the form and security
as designated in the request for proposal. Proposals must also
contain a separate sealed envelope with the cost information
within the overall proposal submission. Proposals must include
a list of all design professionals, public art designers, and
other entities to which any work may be subcontracted during
the performance of the contract.
Proposals must meet all material requirements of the
request for proposal, or they may be rejected as
nonresponsive. The school district may reject any and all
proposals.
The drawings and specifications of the proposal may remain
the property of the design-build entity.
The school district must review the proposals for
compliance with the performance criteria and evaluation
factors.
Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the school district, clear
and convincing evidence of error is required for withdrawal.
After a response to a request for qualifications or a
request for proposal has been submitted under this Section, a
design-build entity may not replace, remove, or otherwise
modify any firm identified as a member of the proposer's team
unless authorized to do so by the school district.
(105 ILCS 5/15A-40 new)
Sec. 15A-40. Award; performance. The school district may
award the contract to the highest overall ranked design-build
entity. Notice of award must be made in writing. Unsuccessful
design-build entities must also be notified in writing. The
school district may not request a best and final offer after
the receipt of proposals of all qualified design-build
entities. The school district may negotiate with the selected
design-build entity after the award, but prior to contract
execution, for the purpose of securing better terms than
originally proposed if the salient features of the request for
proposal are not diminished.
A design-build entity and associated design professionals
must conduct themselves in accordance with the relevant laws
of this State and the related provisions of the Illinois
Administrative Code.
(105 ILCS 5/15A-45 new)
Sec. 15A-45. Evaluation and report. At the end of every
6-month period following the contract award, and again prior
to final contract payout and closure, a selected design-build
entity must detail, in a written report submitted to the
school district, its efforts and success in implementing the
entity's plan to comply with the utilization goals for
business enterprises established in the Business Enterprise
for Minorities, Women, and Persons with Disabilities Act and
the provisions of Section 2-105 of the Illinois Human Rights
Act.
(105 ILCS 5/15A-50 new)
Sec. 15A-50. Exception. Nothing in this Article prevents a
school district from using a qualification-based selection
process for design professionals or construction managers for
design-build projects.
(105 ILCS 5/15A-90 new)
Sec. 15A-90. Severability. The provisions of this Article
are severable under Section 1.31 of the Statute on Statutes.