Illinois General Assembly - Illinois Compiled Statutes

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30 ILCS 537/10

(30 ILCS 537/10)
(Section scheduled to be repealed on January 1, 2026)

Sec. 10. Definitions.

 As used in this Act:

"State construction agency" means the Capital Development Board or, in the case of a design-build procurement for a public institution of higher education, the public institution of higher education.

"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 Act.

"Public institution of higher education" has the meaning ascribed in subsection (f) of Section 1-13 of the Illinois Procurement Code.

"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.

(Source: P.A. 102-1119, eff. 1-23-23.)