Illinois General Assembly - Illinois Compiled Statutes

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30 ILCS 537/30

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(Section scheduled to be repealed on January 1, 2026)

Sec. 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;  (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 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.
No proposal shall 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 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.

(Source: P.A. 100-391, eff. 8-25-17.)