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Public Act 101-0479
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| HB2639 Enrolled | LRB101 08629 AWJ 53713 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(50 ILCS 20/2.5)
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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 |
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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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
eff. 1-7-14.)
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(50 ILCS 20/20.3)
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Sec. 20.3. Solicitation of design-build proposals.
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(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.
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(b) The request for proposal shall be prepared for each |
project and must
contain, without limitation, the following |
information:
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(1) The name of the Commission.
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(2) A preliminary schedule for the completion of the |
contract.
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(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.
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(4) Prequalification criteria for design-build |
entities wishing to submit
proposals.
The Commission shall |
include, at a minimum, its normal
prequalification, |
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licensing, registration, and other requirements, but |
nothing
contained herein precludes the use of additional |
prequalification criteria
by the Commission.
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(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.
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(6) The performance criteria.
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(7) The evaluation criteria for each phase of the |
solicitation.
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(8) The number of entities that will be considered for |
the technical and
cost
evaluation phase.
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(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.
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(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
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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 |
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submissions after the selection of entities
from the Phase I |
evaluation is completed.
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(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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
eff. 1-7-14.)
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(50 ILCS 20/20.4)
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Sec. 20.4. Development of design-build scope and |
performance criteria.
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(a) The Commission shall develop, with the assistance of a
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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
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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.
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(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,
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will be required by the Commission to be produced by the
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design-build entities.
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(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.
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(d) The design professional that prepares the scope and |
performance criteria
is prohibited from participating in any |
design-build entity proposal for the
project.
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(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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
eff. 1-7-14.)
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(50 ILCS 20/20.5) |
Sec. 20.5. Procedures for design-build selection. |
(a) The Commission must use a two-phase procedure for the
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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. |
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(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
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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.
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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.
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The Commission may not consider any design-build entity for
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evaluation or
award if the entity has any pecuniary interest in |
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the project or has other
relationships or circumstances, |
including but not limited to, long-term
leasehold, mutual |
performance, or development contracts with the Commission,
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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.
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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
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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.
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The Commission shall notify the entities selected for the
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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
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considering
the scope and detail requested by the Commission.
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(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.
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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
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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.
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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%.
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The Commission shall directly employ or retain a licensed
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design
professional to evaluate the technical and cost |
submissions to determine if the
technical submissions are in |
accordance with generally
accepted industry standards.
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Upon completion of the technical submissions and cost |
submissions evaluation,
the Commission may award the |
design-build contract to the
highest
overall ranked entity.
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(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.
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(Source: P.A. 100-201, eff. 8-18-17.)
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(50 ILCS 20/20.10)
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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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
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eff. 1-7-14.)
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(50 ILCS 20/20.15)
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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
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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
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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.
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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.
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The drawings and specifications of any unsuccessful |
design-build proposal shall remain the property of
the |
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design-build entity.
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The Commission shall review the proposals for compliance |
with
the
performance criteria and evaluation factors.
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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.
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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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
eff. 1-7-14.)
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(50 ILCS 20/20.20)
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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,
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provided that the salient features of the request for proposal |
are not
diminished. |
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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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
eff. 1-7-14.)
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(50 ILCS 20/20.25)
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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.
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(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
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eff. 1-7-14.)
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(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
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the repeal of statutes and the construction of multiple
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amendments, but Section 1 of that Act also states that
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these rules will not be observed when the result would be
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"inconsistent with the manifest intent of the General
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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 |
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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 |