HB1067 94TH GENERAL ASSEMBLY

LRB094 09053 JAM 39274 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1067

Introduced 2/7/2005, by Rep. Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Design-Build Procurement Act. Authorizes the Department of Transportation and the Illinois State Toll Highway Authority, for highway projects, and the Capital Development Board, for other construction projects, to award construction contracts using a design-build method that accepts and evaluates proposals from entities that encompass the designing and the building of the project. Establishes criteria and procedures for use of the design-build method. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning procurement.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1 GENERAL PROVISIONS

Section 1-1. Short title. This Act may be cited as the Design-Build Procurement Act.

Section 1-5. Legislative policy. It is the intent of the General Assembly that the State construction agencies be allowed to use the design-build delivery method for public projects if it is shown to be in the State's best interest for that particular project. It shall be the policy of the State construction agencies 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.

Each State construction agency shall, prior to issuing requests for proposals, promulgate and publish procedures for the solicitation and award of contracts pursuant to this Act.

Each State construction agency 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 this State 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 State 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 State construction agency to define and provide comprehensive scope and performance criteria for the project.

The State construction agency shall within 15 days after the initial determination provide an advisory copy to the Procurement Policy Board and maintain the full record of determination for 5 years.

ARTICLE 5 CAPITAL DEVELOPMENT BOARD

Section 5-10. Definitions. As used in this Article:

"State construction agency" means the Capital Development Board.

"Delivery system" means the design and construction approach used to develop and construct a project.

"Design-bid-build" means the traditional delivery system used on public projects in this State that incorporates the Architectural, Engineering, and Land Surveying Qualification Based Selection Act (30 ILCS 535/) and the principles of competitive selection in the Illinois Procurement Code (30 ILCS 500/).

"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 Act between the State construction agency and a design-build entity to furnish architecture, engineering, land surveying, and related services as required, and to furnish the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the State construction agency to make modifications in the project scope without invalidating the design-build contract.

"Design-build entity" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Act. A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.

"Design professional" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225 ILCS 325/), the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the Illinois Professional Land Surveyor Act of 1989 (225 ILCS 330/).

"Evaluation criteria" means the requirements for the separate phases of the selection process as defined in this Act 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. Price may not be used as a factor in the evaluation of Phase I proposals.

"Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Article.

"Request for proposal" means the document used by the State construction agency to solicit proposals for a design-build contract.

"Scope and performance criteria" means the requirements for the public project, including but not limited to, 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.

Section 5-15. Solicitation of proposals.

(a) When the State construction agency elects to use the design-build delivery method, it must issue a notice of intent to receive requests for proposals for the project at least 14 days before issuing the request for the proposal. The State construction agency must publish the advance notice in the official procurement bulletin of the State or the professional services bulletin of the State construction agency, if any. The agency 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 State construction agency 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 State construction agency.

(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 State construction agency 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 State construction agency.

(5) Material requirements of the contract, including but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, affirmative action, and workforce requirements, if any.

(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 State construction agency 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 $10 million, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The State construction agency 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.

Section 5-20. Development of scope and performance criteria.

(a) The State construction agency 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 State construction agency'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 State construction agency 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 State construction agency, or the State construction agency may contract with an independent design professional selected under the Architectural, Engineering and Land Surveying Qualification Based Selection Act (30 ILCS 535/) 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.

Section 5-25. Selection Committee.

(a) When the State construction agency elects to use the design-build delivery method, it shall establish a committee to evaluate and select the design-build entity. The committee, under the discretion of the State construction agency, shall consist of 3, 5, or 7 members and shall include at least one licensed design professional and one member of the public. The public member may not be employed or associated with any firm holding a contract with the State construction agency and shall be nominated by design or construction industry associations. The selection committee may be designated for a set term or for the particular project subject to the request for proposal.

(b) The members of the selection committee must certify for each request for proposal that no conflict of interest exists between the members and the design-build entities submitting proposals. If a conflict exists, the member must be replaced before any review of proposals.

Section 5-30. Procedures for Selection.

(a) The State construction agency 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 State construction agency 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 agency 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 State construction agency. The State construction agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

The State construction agency 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; and (7) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants. The State construction agency may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.

The State construction agency 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 State construction agency, 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.

Upon completion of the qualifications evaluation, the State construction agency shall create a shortlist of the most highly qualified design-build entities. The State construction agency, 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 State construction agency 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 State construction agency must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the State agency.

(c) The State construction agency 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 State construction agency. The State construction agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

The State construction agency 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 State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.

The State construction agency shall include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighing factor shall be 25%.

The State construction agency 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 State construction agency may award the design-build contract to the highest overall ranked entity.

Section 5-35. Small projects. In any case where the total overall cost of the project is estimated to be less than $10 million, the State construction agency may combine the two-phase procedure for selection described in Section 30 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 30.

Section 5-40. 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. 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.

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 as defined in Section 30-30 of the Illinois Procurement Code to which any work may be subcontracted during the performance of the contract. Any entity that will perform any of the 5 subdivisions of work defined in Section 30-30 of the Illinois Procurement Code must meet prequalification standards of the State construction agency.

Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The State construction agency shall have the right to reject any and all proposals.

The drawings and specifications of the proposal shall remain the property of the design-build entity.

The State construction agency shall 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 State construction agency, clear and convincing evidence of error is required for withdrawal.

Section 5-45. Award. The State construction agency may award the contract to the highest overall ranked entity. Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. The State construction agency may not request a best and final offer after the receipt of proposals. The State construction agency 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.

Section 5-50. Administrative Procedure Act. The Illinois Administrative Procedure Act (5 ILCS 100/) applies to all administrative rules and procedures of the State construction agency under this Article except that nothing herein shall be construed to render any prequalification or other responsibility criteria as a "license" or "licensing" under that Act.

Section 5-53. Federal requirements. In the procurement of design-build contracts, the State construction agency shall comply with federal law and regulations and take all necessary steps to adapt their rules, policies, and procedures to remain eligible for federal aid.

ARTICLE 10 DEPARTMENT OF TRANSPORTATION AND TOLL HIGHWAY AUTHORITY

Section 10-10. Authority for use. The Illinois Department of Transportation and the Illinois State Toll Highway Authority, as the State highway construction agencies, may provide for use of a design-build method of source selection for highway construction projects, on highways subject to their jurisdiction, in order to demonstrate and evaluate the use, advantages, and disadvantages of that method of source selection for highway construction projects. It shall be the policy of the State for the use of such method to publicly announce all requirements for design-build services, and to procure such services on the basis of demonstrated competence and qualifications with due regard for the principles of competitive selection. The State highway construction agency undertaking demonstration projects selected under the authority of this Article shall evaluate and submit a report as prescribed in Section 10-80 of this Article on the design-build method compared to the traditional method by considering the following factors:

(1) The relative advantages and disadvantages, considering time, cost, and the resources of the agency to achieving the final completion of the project.

(2) The type, size, and suitability of projects to the design-build method of source selection.

(3) The ability of the agency to define and provide comprehensive scope and performance criteria for the construction project as required by this Article, as well as what may be possible under a design-build contract providing for greater conceptual responsibility for the design-build entity.

Projects selected by the Illinois Department of Transportation for demonstration under this Article shall be identified in the annual highway construction program document published by the Department pursuant to Section 2705-200 of the Department of Transportation Law of the Civil Administrative Code of Illinois.

Section 10-15. Definitions. As used in this Article:

"Agency", "State construction agency", "State highway construction agency", and "State transportation construction agency" mean the Illinois Department of Transportation or the Illinois State Toll Highway Authority.

"Design-bid-build" means the traditional method of source selection used on highway construction projects in this State with authority provided by the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act and the Illinois Procurement Code to select separate design and construction contractors.

"Design-build" means a method of source selection that allows the selection of a single contractor for the furnishing of engineering, land surveying and related design services, and the labor, materials, equipment, and other construction services for the project.

"Design-build contract" means a contract for a highway construction project procured under this Article between a State highway construction agency and a design-build entity to furnish engineering, land surveying, and related design services, and the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent germane refinements in scope and price, and may allow the State highway construction agency to make germane modifications in the project scope and contract price without invalidating the design-build contract.

"Design-build entity" means any entity organized in a manner recognized in law that proposes to design and build a highway construction project under this Article.

"Design professional" means the member of the design-build entity that is licensed to offer services under the Professional Engineering Practice Act of 1989, the Structural Engineering Licensing Act of 1989, the Illinois Professional Land Surveyor Act of 1989, or the Illinois Architecture Practice Act of 1989.

"Evaluation criteria" means the requirements to be used for the selection process as defined in this Article to judge the responsiveness and quality of the technical design component of a proposal prepared by the design professional member of the design-build entity, including achievement of the scope and performance criteria, and any specialized technical requirements and design tasks contained in the request for proposals. The manner of scoring the technical components shall be set forth in the evaluation criteria. The manner of judging proposed costs shall be as provided in this Article.

"Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in response to a request for proposals issued in accordance with this Article.

"Qualification criteria" means the procedures and criteria used by the State highway construction agency to assess the responsibility of a potential design-build entity contractor, including but not limited to, competence, financial capacity to perform, past performance, prior experience, and personnel resources. The State highway construction agency is authorized to use existing prequalification procedures for purposes of this Article.

"Request for proposal" means the document used by a State highway construction agency to solicit proposals for a design-build contract.

"Scope and performance criteria" means the requirements for the project, including but not limited to, 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 or that can be reasonably inferred and that are suitable to allow a design-build entity to develop a proposal and final plans for a project under this Article.

Section 10-20. Scope and performance criteria. The State highway construction agency shall develop the scope and performance criteria. The scope and performance criteria shall be in reasonably sufficient detail and contain reasonably adequate information to inform the qualified design-build entities of the State highway construction agency's overall needs and goals, including, but not limited to, applicable standards adopted by the agency governing the work of the project, preliminary design plans, anticipated or acceptable schedules, and any optional or mandatory delivery requirements. The scope and performance criteria 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 to be produced by the design-build entity for the proposal and for the final plans. The scope and performance criteria shall be prepared by an appropriately licensed design professional who may be an employee of the agency, or the agency may contract with an independent design professional selected in accordance with the Architectural, Engineering and Land Surveying Qualification Based Selection Act to provide these services. The design professional that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project.

Section 10-25. Solicitation of design-build proposals. Design-build contracts shall be procured by a request for proposals process conforming to this Article. A request for proposals shall be prepared for each project containing the following minimum information:

(1) The State transportation construction agency that will award the design-build contract.

(2) The desired schedule for the completion of the project or the manner in which proposed schedules be accepted.

(3) The qualification criteria for design-build entities desiring to submit proposals.

(4) The terms and conditions of the contract that will govern performance.

(5) The scope and performance criteria governing the contract.

(6) The evaluation criteria used to score the technical component of proposals.

(7) The requirements for identification of the design-build team members.

(8) The date, time, and place that proposals are due that in no case shall be less than 30 calendar days after the date of the issuance of the request for proposals.

(9) The date, time, and place that the cost component of accepted proposals will be publicly opened and read.

Section 10-30. Publication of requests for proposals. All requests for design-build proposals shall be published in the volume of the Illinois Procurement Bulletin used by the State highway construction agency for its regular construction contract lettings pursuant to the Illinois Procurement Code.

Section 10-35. Submission of proposals. Proposals shall be accepted from design-build entities meeting the qualification criteria of the request for proposals. Proposals shall consist of a technical component and a cost component. The cost component shall be contained in a separate sealed envelope within the overall proposal submission. Proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals must be properly identified and sealed. Proposals shall conform in all material respects to the request for proposal or they may be rejected as non-responsive. The State transportation construction agency shall have the right to reject any and all proposals and to waive technicalities. Any drawings and specifications contained in proposals not selected shall remain the property of the design-build entity. Proposals may be withdrawn prior to evaluation for any reason.

Section 10-40. Selection committee. The State highway construction agency shall establish a selection committee to evaluate the technical components of the proposals. The selection committee shall consist of 5 members, 3 of whom shall be professionally licensed officers or employees of the agency and 2 of whom shall be public members. The public members may not be employed or associated with any firm holding a contract with the State highway construction agency and shall be nominated one each by the American Council of Engineering Companies of Illinois and, in the following order on a rotating basis, the Associated General Contractors of Illinois, the Illinois Road and Transportation Builders Association, the Illinois Asphalt Pavement Association, and the Illinois chapter of the American Concrete Pavement Association. The selection committee and individual members may be designated for a set term or for a particular project as determined by the agency. Each member of the selection committee shall certify for each request for proposal that no conflict of interest exists between the individual and each of the design-build entities submitting proposals. If a conflict exists, the member must be replaced before any review of proposals. The chief contracting official responsible for the conduct of lettings in accordance with the regular procedures of the State highway construction agency shall serve as recording secretary to the Selection Committee, and shall organize and schedule the meetings of the committee.

Section 10-45. Procedures for selection and award. All design-build entities submitting accepted proposals shall be publicly disclosed after the deadline for submission. Proposals shall not be opened, reviewed, or evaluated until after the deadline for submission has passed. All proposals received by the date and time due shall be opened and recorded. The cost components shall remain sealed and securely retained by the chief contracting official in accordance with the regular procedures of the agency. The chief contracting official shall transmit to the selection committee all technical components for evaluation. The selection committee shall evaluate and score the technical components in accordance with the evaluation criteria set forth in the request. The selection committee may require clarification of any element contained in the technical component in order to determine whether the proposal conforms to the request. The time for evaluation shall be no less than 24 hours unless a longer period is specified in the request. Scoring shall be based on factors set forth in the evaluation criteria. The scoring shall be from one through 100 points. Any technical component scoring less than 77 points shall be marked unacceptable. After evaluation, the chief contracting official shall reseal and retain all technical components. The cost component of each proposal containing an accepted technical component shall be opened and publicly read at the date, time, and place specified in the request. The right shall be reserved to reject any and all proposals, to waive technicalities, and to solicit new proposals. A design-build contract shall be awarded to the best value proposal, provided the cost component is responsive to the request, determined by calculation of the lowest adjusted cost as follows:

(1) The cost component for a technical component scored 97-100 shall be divided by one.

(2) The cost component for a technical component scored 93-96 shall be divided by .99.

(3) The cost component for a technical component scored 89-92 shall be divided by .98.

(4) The cost component for a technical component scored 85-88 shall be divided by .97.

(5) The cost component for a technical component scored 81-84 shall be divided by .96.

(6) The cost component for a technical component scored 77-80 shall be divided by .95.

Section 10-50. Confidentiality. The status of a proposal as accepted or not accepted and proposal scores shall not be disclosed for any reason before the cost element is publicly opened and read. After award, all proposals except the awarded proposal shall be returned.

Section 10-55. Conditions. Projects selected for procurement under the terms of this Article shall be subject to the following conditions:

(1) Illinois Department of Transportation projects shall be selected that have been designed through at least the completion of Phase I preliminary engineering as defined by the design policies and procedures of the Department, provided that all necessary approvals have been obtained from the Department and, as applicable, the Federal Highway Administration, for an engineering study and report that establish the location and scope of the project, for the type, size, and location drawings for bridge projects, and for environmental documentation that analyzes the environmental impacts of the project alternatives considered.

(2) All necessary rights-of-way, permanent and temporary, shall be acquired prior to the commencement of construction by the design-build entity. Nothing herein shall prohibit the design-build entity from securing any additional temporary interests or rights of access deemed necessary to accomplish the project.

(3) The State highway construction agency shall secure all necessary permits identified in the Phase I engineering report.

(4) The State highway construction agency shall secure any necessary relocation of utilities located on existing or acquired right-of-way unless the request for proposals provides that existing utilities will be planned for and adjusted during construction. Notwithstanding any provision contained in Section 9-113 of the Illinois Highway Code respecting the provision of final engineering plans prior to notice given to permitted utilities to relocate, a permitted utility shall proceed to relocate and adjust permitted facilities upon notice given pursuant to Section 9-113 except that preliminary plans showing acceptable final locations or adjusted positions of those said utilities shall satisfy the notice requirements in lieu of final plans; provided, however, that any utility required to make subsequent adjustments on account of final plans for the same project shall be compensated for the cost of subsequent adjustments.

Section 10-60. Procurement and contract mandates. Design-build contracts procured under this Article shall be subject to all applicable federal and State laws governing the performance of public contracts and all applicable ethical and conflict of interest disclosures and contracting prohibitions mandated by law.

Section 10-65. Design professional seal. Nothing in this Article shall be deemed to eliminate, reduce, or affect the requirements of the Structural Engineering Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, and the Illinois Architecture Practice Act of 1989, including but not limited to the preparation and sealing of plans and documents.

Section 10-70. Performance evaluation. The performance of the design-build entity shall be evaluated on completion of a contract. The evaluation shall be made available to the design-build entity, which may submit a written response, and the evaluation and response shall be retained by the agency. The evaluation and response shall not be made available to any other person or firm and are exempt from disclosure under the Freedom of Information Act.

Section 10-75. Rules and regulations. The State highway construction agencies shall not be required to adopt rules and regulations pursuant to the Illinois Administrative Procedures Act in order to implement this Act. All policies and procedures adopted to implement this Act shall be identified and published on the web site maintained by the Department of Transportation.

Section 10-80. Report. The State highway construction agencies shall, jointly or severally, submit an evaluation report as required by Section 10-10 of this Act. The agencies shall solicit, accept, and respond to comments provided by the industry groups or associations providing appointed public members to the selection committee and shall incorporate the comments and responses into the report. The report shall be due and filed with the Procurement Policy Board and the leadership of the General Assembly no later than December 31, 2007.

ARTICLE 95 SEVERABILITY

Section 95-5. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

ARTICLE 99 EFFECTIVE DATE

Section 99-5. Effective date. This Act takes effect upon becoming law.