Public Act 101-0479
 
HB2639 EnrolledLRB101 08629 AWJ 53713 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 Public Building Commission Act is amended by
reenacting and changing Sections 2.5, 20.3, 20.4, 20.5, 20.10,
20.15, 20.20, and 20.25 and adding Section 23.6 as follows:
 
    (50 ILCS 20/2.5)
    Sec. 2.5. Legislative policy; conditions for use of
design-build. It is the intent of the General Assembly that a
commission be allowed to use the design-build delivery method
for public projects if it is shown to be in the commission's
best interest for that particular project.
    It shall be the policy of the commission in the procurement
of design-build services to publicly announce all requirements
for design-build services and to procure these services on the
basis of demonstrated competence and qualifications and with
due regard for the principles of competitive selection.
    The commission shall, prior to issuing requests for
proposals, promulgate and publish procedures for the
solicitation and award of contracts pursuant to this Act.
    The commission shall, for each public project or projects
permitted under this Act, make a written determination,
including a description as to the particular advantages of the
design-build procurement method, that it is in the best
interests of the commission to enter into a design-build
contract for the project or projects.
    In making that determination, the following factors shall
be considered:
        (1) The probability that the design-build procurement
    method will be in the best interests of the commission by
    providing a material savings of time or cost over the
    design-bid-build or other delivery system.
        (2) The type and size of the project and its
    suitability to the design-build procurement method.
        (3) The ability of the design-build entity to define
    and provide comprehensive scope and performance criteria
    for the project.
    The commission shall require the design-build entity to
comply with the utilization goals established by the corporate
authorities of the commission for minority and women business
enterprises and to comply with Section 2-105 of the Illinois
Human Rights Act.
    This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.3)
    Sec. 20.3. Solicitation of design-build proposals.
    (a) When the Commission 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 Commission must publish the
advance notice in a daily newspaper of general circulation in
the county where the Commission is located. The Commission is
encouraged to use publication of the notice in related
construction industry service publications. A brief
description of the proposed procurement must be included in the
notice. The Commission must provide a copy of the request for
proposal to any party requesting a copy.
    (b) The request for proposal shall be prepared for each
project and must contain, without limitation, the following
information:
        (1) The name of the Commission.
        (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 Commission shall
    include, at a minimum, its normal prequalification,
    licensing, registration, and other requirements, but
    nothing contained herein precludes the use of additional
    prequalification criteria by the Commission.
        (5) Material requirements of the contract, including
    but not limited to, the proposed terms and conditions,
    required performance and payment bonds, insurance, and the
    entity's plan to comply with the utilization goals
    established by the corporate authorities of the Commission
    for minority and women business enterprises and to comply
    with Section 2-105 of the Illinois Human Rights Act.
        (6) The performance criteria.
        (7) The evaluation criteria for each phase of the
    solicitation.
        (8) The number of entities that will be considered for
    the technical and cost evaluation phase.
    (c) The Commission may include any other relevant
information that it chooses to supply. The design-build entity
shall be entitled to 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. In the event 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 Commission shall 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.
    (e) This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.4)
    Sec. 20.4. Development of design-build scope and
performance criteria.
    (a) The Commission shall develop, with the assistance of a
licensed design professional, a request for proposal, which
shall 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 Commission's overall programmatic
needs and goals, including criteria and preliminary design
plans, general budget parameters, schedule, and delivery
requirements.
    (b) Each request for proposal shall 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 Commission to be produced by the
design-build entities.
    (c) The scope and performance criteria shall be prepared by
a design professional who is an employee of the Commission, or
the Commission may contract with an independent design
professional selected under the Local Government Professional
Services Selection Act (50 ILCS 510/) to provide these
services.
    (d) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
design-build entity proposal for the project.
    (e) This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.5)
    Sec. 20.5. Procedures for design-build selection.
    (a) The Commission 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 Commission shall 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 Commission has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
    The Commission shall 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 minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria in Phase I that it deems necessary
for a proper qualification review.
    The Commission 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,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
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 design-build proposal
shall be considered that does not include an entity's plan to
comply with the requirements established in the minority and
women business enterprises and economically disadvantaged
firms established by the corporate authorities of the
Commission and with Section 2-105 of the Illinois Human Rights
Act.
    Upon completion of the qualifications evaluation, the
Commission shall create a shortlist of the most highly
qualified design-build entities. The Commission, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation, provided
however, no less than 2 design-build entities nor more than 6
are selected to submit Phase II proposals.
    The Commission shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The Commission must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the Commission.
    (c) The Commission shall 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 shall 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 Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
    The Commission shall 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 Commission may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
    The Commission shall include the following criteria in
every Phase II cost evaluation: the guaranteed maximum project
cost and the time of completion. The Commission may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The guaranteed maximum project
cost criteria weighing factor shall not exceed 30%.
    The Commission shall directly employ or retain a licensed
design professional 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 Commission may award the
design-build contract to the highest overall ranked entity.
    (d) This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 100-201, eff. 8-18-17.)
 
    (50 ILCS 20/20.10)
    Sec. 20.10. Small design-build projects. In any case where
the total overall cost of the project is estimated to be less
than $12,000,000, the Commission may combine the two-phase
procedure for design-build selection described in Section 20.5
into one combined step, provided that all the requirements of
evaluation are performed in accordance with Section 20.5.
    This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.15)
    Sec. 20.15. Submission of design-build proposals.
Design-build 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. All design-build entities submitting proposals
shall be disclosed after the deadline for submission, and all
design-build entities who are selected for Phase II evaluation
shall also be disclosed at the time of that determination.
    Phase II design-build proposals shall include a bid bond in
the form and security as designated in the request for
proposals. Proposals shall also contain a separate sealed
envelope with the cost information within the overall proposal
submission. Proposals shall include a list of all design
professionals and other entities to which any work identified
in Section 30-30 of the Illinois Procurement Code as a
subdivision of construction 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 non-responsive.
The Commission shall have the right to reject any and all
proposals.
    The drawings and specifications of any unsuccessful
design-build proposal shall remain the property of the
design-build entity.
    The Commission shall review the proposals for compliance
with the performance criteria and evaluation factors.
    Proposals may be withdrawn prior to the due date and time
for submissions for any cause. After evaluation begins by the
Commission, clear and convincing evidence of error is required
for withdrawal.
    This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.20)
    Sec. 20.20. Design-build award. The Commission may award a
design-build contract to the highest overall ranked entity.
Notice of award shall be made in writing. Unsuccessful entities
shall also be notified in writing. The Commission may not
request a best and final offer after the receipt of proposals.
The Commission 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,
provided that the salient features of the request for proposal
are not diminished.
    This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/20.25)
    Sec. 20.25. Minority and female owned enterprises; total
construction budget.
    (a) Each year, within 60 days following the end of a
commission's fiscal year, the commission shall provide a report
to the General Assembly addressing the utilization of minority
and female owned business enterprises on design-build
projects.
    (b) The payments for design-build projects by any
commission in one fiscal year shall not exceed 50% of the
moneys spent on construction projects during the same fiscal
year.
    (c) This Section is repealed on June 1, 2023 2018; provided
that any design-build contracts entered into before such date
or any procurement of a project under this Act commenced before
such date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14.)
 
    (50 ILCS 20/23.6 new)
    Sec. 23.6. Continuation of Sections 2.5, 20.3, 20.4, 20.5,
20.10, 20.15, 20.20, and 20.25; validation under this
amendatory Act of the 101st General Assembly.
    (a) The General Assembly finds and declares all of the
following:
        (1) Public Act 100-736, which took effect on January 1,
    2019, changed the repeal dates of Sections 2.5, 20.3, 20.4,
    20.5, 20.10, 20.15, 20.20, and 20.25 of this Act from June
    1, 2018 to June 1, 2023.
        (2) The Statute on Statutes sets forth general rules on
    the repeal of statutes and the construction of multiple
    amendments, but Section 1 of that Act also states that
    these rules will not be observed when the result would be
    "inconsistent with the manifest intent of the General
    Assembly or repugnant to the context of the statute".
        (3) This amendatory Act of the 101st General Assembly
    manifests the intention of the General Assembly to extend
    the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
    20.20, and 20.25 of this Act and have those Sections
    continue in effect until they are otherwise lawfully
    repealed.
        (4) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
    20.20, and 20.25 of this Act were originally enacted to
    protect, promote, and preserve the general welfare. Any
    construction of this Act that results in the repeal of
    those Sections on June 1, 2018 would be inconsistent with
    the manifest intent of the General Assembly and repugnant
    to the context of this Act.
    (b) It is declared to have been the intent of the General
Assembly that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
20.20, and 20.25 of this Act not be subject to repeal on June
1, 2018.
    (c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20,
and 20.25 of this Act shall be deemed to have been in
continuous effect since June 1, 2018, and they shall continue
to be in effect until they are otherwise lawfully repealed. All
previously enacted amendments to those Sections taking effect
on or after June 1, 2018 are validated. All actions taken in
reliance on or under those Sections by any person or entity are
validated.
    (d) In order to ensure the continuing effectiveness of
Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25
of this Act, those Sections are set forth in full and reenacted
by this amendatory Act of the 101st General Assembly. Striking
and underscoring are used only to show changes being made to
the base text. This reenactment is intended as a continuation
of those Sections. It is not intended to supersede any
amendment to those Sections that is enacted by the 101st
General Assembly. This reenactment applies to all claims, civil
actions, and proceedings pending on or filed on or before the
effective date of this amendatory Act of the 101st General
Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.