ADMINISTRATIVE CODE

TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 1000 SELECTION OF ARCHITECTS/ENGINEERS (A/E)

Section 1000.100 Definitions

Section 1000.110 Purpose

Section 1000.120 Selection Procedures

Section 1000.130 Selection Committee

Section 1000.140 Evaluation Procedures

Section 1000.150 Preliminary Evaluations

Section 1000.160 Interviews

Section 1000.170 Delegation of Evaluations

Section 1000.180 Public Notice

Section 1000.190 Submittal Requirements

Section 1000.200 Small Projects (Repealed)

Section 1000.210 Emergency Projects (Repealed)

Section 1000.100 Definitions

"Act" means the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535].

"A/E" means an individual or firm in the business of providing architectural, engineering or land surveying services as authorized by the Illinois Department of Financial and Professional Regulation.

"Board" means the seven-member Board of the Capital Development Board.

"CDB" means Capital Development Board, the agency.

"Chairperson" means the person delegated by the Executive Director to lead A/E selection committees.

"Executive Director" means the individual appointed by the Board to serve as the chief executive officer of CDB. (20 ILCS 3105/8)

"MBE/WBE/PBE/VBE" means a minority-owned business/women-owned business/business owned by a person with a disability/qualified veteran-owned small business or qualified service-disabled veteran-owned small businesses as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575] and Section 45-57 of Illinois Procurement Code [30 ILCS 500].

"Statement of qualifications" means the information supplied by the A/Es that cites their specific experience and expertise that may qualify the A/E to provide the services requested.

"Total project cost" means the complete cost of all components of construction project, including the cost for the A/E; all construction work; contingency amounts; and furniture, fixtures, and equipment, if applicable.

"User agency" means the agency or unit of government for which the architectural/engineering firm is being selected.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.110 Purpose

CDB shall procure architectural, engineering, and land surveying services in compliance with the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535].

Section 1000.120 Selection Procedures

a) CDB shall select three A/Es qualified to provide the professional services for a specific project, unless fewer than three qualified firms submit a statement of qualifications. These A/Es shall be ranked in order of qualifications. CDB's rankings shall be presented to the Board for approval. The Board may approve or deny the rankings as presented. Board approval of these A/Es shall be final and binding.

b) In the event that fewer than three A/Es submit statements of qualifications for a specific project, if CDB determines that one or both are qualified to perform the services, CDB may proceed with the selection process.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.130 Selection Committee

The Chairperson shall appoint a committee to recommend to the Executive Director and the Board a list of A/Es qualified to perform the required services. This committee may be established for each selection or may be established for a series of selections. The committee may be composed of standing members and rotating members from CDB staff. In addition to the CDB staff members, the Chairperson may request representatives from the user agency or members of the public to be members of the committee.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.140 Evaluation Procedures

a) In making its recommendations, the selection committee will consider, among others:

1) The A/E's qualifications.

2) The ability of professional personnel submitted by the A/E.

3) The A/E's past record and experience.

4) The prior performance of the A/E on CDB professional services agreements.

5) The willingness of the firm to meet time requirements.

6) The location of the project relative to the firm's place of business.

7) The results of preliminary evaluations performed by CDB staff.

8) The current work load of the A/Es and their prior selections by CDB.

9) References.

10) Interviews conducted with the A/Es.

11) Minority, women, persons with disabilities or veteran ownership of the A/E and the consultants.

b) For each project with an estimated total project cost of $1,000,000 or more, the CDB Diversity Contracting Unit will set MBE/WBE/PBE/VBE participation goals with approval of the Commission on Equity and Inclusion. Goals will be established in conformance with procedures set by the Commission on Equity and Inclusion. The goals for each project will be described in the CDB Professional Services Bulletin.

c) In no case shall the committee, prior to selecting an A/E for negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.150 Preliminary Evaluations

CDB may make appointments for the performance of a preliminary evaluation (prescreening). The prescreening provides a preliminary ranking of the A/Es for the committee's consideration. This prescreening shall consider, among others, the relevant project experience of the prospective A/Es and the expertise and experience of the firm and its consultants' staff to be assigned to the project if the firm is selected.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.160 Interviews

CDB requires the selection committee to conduct interviews when the estimated value of the basic services fee exceeds $500,000. The Chairperson, with approval of the Executive Director may choose to conduct interviews for smaller projects under special circumstances. Unless fewer than three qualified firms submit a statement of qualifications, a minimum of three firms will be interviewed. For projects that are narrow in scope or low in complexity, the Executive Director in consultation with the Board may exempt any contract from requiring interviews.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.170 Delegation of Evaluations

CDB may delegate the evaluation of prospective A/Es to a user agency, including, but not limited to, a university, college, or community college. CDB or the user agency may request that a member of CDB's staff be a voting or nonvoting member of the user agency's evaluation committee. The user agency shall transmit its recommendations to CDB for review and approval of the Board. CDB will provide a form for submitting the recommendations. Transmittal to CDB shall include a letter with a certification statement requiring an authorized signature verifying that the selections were made in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535], the Local Government Professional Services Selection Act [50 ILCS 510], and the Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575], as applicable. CDB may request the user agency make other recommendations if the firm(s) recommended are not acceptable to CDB.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.180 Public Notice

a) Unless it is a small contract under Section 45 of the Act or contract for emergency services under Section 50 of the Act, public notice by CDB for A/E services shall include an abstract of the services required for each project and the required expertise of the A/E to be considered. This public notice shall also include the statement of qualifications form to be completed for each project as well as the date and time by which the statement of qualifications must be submitted to CDB.

b) Notice shall be posted on CDB's website (http://cdb.illinois.gov) and may be published in the official State newspaper or otherwise made available in print.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.190 Submittal Requirements

a) All A/Es submitting a statement of qualification for a specific project shall be prequalified with CDB prior to the date and time that the submittals are due. Failure to be prequalified will result in rejection of the submittal.

b) If the A/E will be subcontracting part of the services to professional consultants, those professional consultants that will be performing architectural, engineering or land surveying professional services shall also be prequalified with CDB prior to the date and time that the submittals are due. Failure of the professional consultants to be prequalified shall result in rejection of the A/E's submittals.

c) The A/E shall clearly indicate the anticipated percentage of the services that will be performed by each listed professional consultant. Failure to list these percentages may result in rejection of the submittal.

d) The submittal shall include the names of persons who will perform the services, including their project assignment or duties, as well as a resume of their experience and expertise that qualifies them to perform the assignment. This includes the listed professional consultant's designated staff.

(Source: Amended at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.200 Small Projects (Repealed)

(Source: Repealed at 49 Ill. Reg. 1578, effective January 27, 2025)

Section 1000.210 Emergency Projects (Repealed)

(Source: Repealed at 49 Ill. Reg. 1578, effective January 27, 2025)

AUTHORITY: Implementing the Capital Development Board Act [20 ILCS 3105], Article 30 and of the Illinois Procurement Code [30 ILCS 500], and the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535] and authorized by Section 9.06 and 16 of the Capital Development Board Act [20 ILCS 3105] and Section 30-15 and 30-20 of the Illinois Procurement Code [30 ILCS 500].

SOURCE: Adopted at 2 Ill. Reg. 30, p. 140, effective July 27, 1978; amended at 4 Ill. Reg. 9, p. 233, effective February 14, 1980; amended at 5 Ill. Reg. 1890, effective February 17, 1981; amended and codified at 8 Ill. Reg. 20332, effective October 1, 1984; amended at 9 Ill. Reg. 17338, effective October 29, 1985; amended at 12 Ill. Reg. 17815, effective October 25, 1988; Part repealed and new Part adopted at 22 Ill. Reg. 1176, effective January 1, 1998; amended at 24 Ill. Reg. 11618, effective July 24, 2000; amended at 25 Ill. Reg. 11774, effective August 10, 2001; amended at 26 Ill. Reg. 2610, effective February 8, 2002; amended at 37 Ill. Reg. 7122, effective May 9, 2013; recodified Title of the Part at 39 Ill. Reg. 5903; amended at 49 Ill. Reg. 1578, effective January 27, 2025.