ADMINISTRATIVE CODE

TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 1025 SELECTION OF CONSTRUCTION MANAGERS

Section 1025.100 Definitions

Section 1025.110 Purpose

Section 1025.120 Selection Procedures

Section 1025.130 Selection Committee

Section 1025.140 Evaluation Procedures

Section 1025.150 Preliminary Evaluations

Section 1025.160 Interviews

Section 1025.180 Public Notice

Section 1025.190 Submittal Requirements

Section 1025.200 Small Projects

Section 1025.210 Emergency Projects

Section 1025.220 Procurement Limitations

Section 1025.230 Publication of Award

Section 1025.100 Definitions

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

"CDB" means Capital Development Board, the agency.

"Code" means the Illinois Procurement Code [30 ILCS 500].

"Construction management services" includes, but is not limited to:

services provided in the planning and pre-construction phases of a construction project, including, but not limited to, consulting with, advising, assisting, and making recommendations to the Capital Development Board and architect, engineer, or licensed land surveyor on all aspects of planning for project construction; reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs; making, reviewing, and refining budget estimates based on the Board's program and other available information; making recommendations to the Board and the architect or engineer regarding the division of work in the plans and specifications to facilitate the bidding and awarding of contracts; soliciting the interest of capable contractors and taking bids on the project; analyzing the bids received; and preparing and maintaining a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and

services provided in the construction phase of the project, including, but not limited to, maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project; directing the work as it is being performed for general conformance with working drawings and specifications; establishing procedures for coordinating among the Board, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing those procedures; maintaining job site records and making appropriate progress reports; implementing labor policy in conformance with the requirements of the public owner; reviewing the safety and equal opportunity programs of each contractor for conformance with the public owner's policy and making recommendations; reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract; making recommendations and processing requests for changes in the work and maintaining records of change orders; scheduling and conducting job meetings to ensure orderly progress of the work; developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors and providing periodic status reports to the owner and the architect or engineer; and establishing and maintaining a cost control system and conducting meetings to review costs. [30 ILCS 500/33-5]

"Construction manager" or "CM" means any individual, sole proprietorship, firm, partnership, corporation, or other legal entity providing construction management services for the Board and prequalified by the State in accordance with 30 ILCS 500/33-10.

"Statement of Qualifications" means the information supplied by the CM that cites the specific experience and expertise that may qualify the CM to provide the services requested.

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

Section 1025.110 Purpose

CDB shall procure construction management services in compliance with Article 33 of the Code (Construction Management Services) [30 ILCS 500/Art. 33].

Section 1025.120 Selection Procedures

a) CDB shall select three CMs qualified to provide the professional services for a specific project. These CMs shall be ranked in order of qualifications. Board approval of these CMs shall be final and binding.

b) In the event that fewer than three CMs 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.

Section 1025.130 Selection Committee

The CDB Executive Director shall appoint an agency employee to serve as chair of a selection committee. The selection committee chairman shall appoint a committee to recommend to the Executive Director and the Board a list of CMs qualified to perform the required services. This committee may be established for each selection and may be composed of standing members and rotating members from CDB staff. In addition to the CDB staff members, a representative from the user agency and one or more public members may be requested to be members of the committee.

Section 1025.140 Evaluation Procedures

a) In making its recommendations, the selection committee may consider, among other items:

1) The CM's qualifications.

2) The training and experience of the personnel submitted by the CM.

3) The CM's past record and experience.

4) The prior performance of the CM on CDB projects, determined by review of the CM Performance Evaluations on previous CM projects, Performance Evaluations of the CM firm on projects in which it participated as an A/E or contractor, and any other related material.

A) CDB shall evaluate the performance of each firm upon completion of a contract. Evaluations shall be made available to the firm and the firm may submit a written response, with the evaluation and response retained solely by CDB. The evaluation and response shall not be made available to any other person or firm and is exempt from disclosure under the Freedom of Information Act [5 ILCS 140]. The evaluation shall be based on the terms identified in the construction manager's contract. [30 ILCS 500/33-45]

B) In addition to subsection (a)(4)(A), CDB reserves the right to evaluate a firm during a project when performance issues warrant that action.

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 CMs and their prior selections by CDB.

9) References.

10) Interviews conducted with the CMs.

b) Before beginning review of the CM's statements of qualifications, the committee shall prepare a table of the factors the CMs will be rated on and the weight to be assigned to each factor. The table of factors, and the scores of each reviewed submittal, will be kept on file for no less than two years from the date of the selection.

c) In no case shall the committee, prior to selecting a CM 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.

Section 1025.150 Preliminary Evaluations

CDB may appoint staff members to perform a preliminary evaluation (prescreening) to provide a preliminary ranking of the CMs for the committee's consideration. This prescreening shall consider, among others, the relevant project experience of the prospective CMs and the expertise and experience of the firm and its staff to be assigned to the project if the firm is selected.

Section 1025.160 Interviews

CDB requires the selection committee to conduct interviews when the estimated value of the CM's basic services fee exceeds $300,000. The Executive Director may choose to conduct interviews for smaller projects under special circumstances. In all cases, a minimum of three firms will be interviewed. The Executive Director, in consultation with the Board, may exempt any contract from requiring interviews.

Section 1025.180 Public Notice

a) When the services of a CM are required, CDB shall publish a request for proposals setting forth the nature of the projects.

b) This public notice shall include a description of the services required and a description of each project. 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 submittal of the statement of qualifications will be accepted.

c) The public notice shall be published at least 14 days prior to the date for submittal of the statement of qualifications.

d) Notice shall be published in CDB's Procurement Bulletin and may be published in the official State newspaper or otherwise made available in print. In addition, the request for proposal will be mailed to each firm prequalified under 30 ILCS 500/33-15. When CDB establishes additional criteria for special projects under 44 Ill. Adm. Code 900.140 (Prequalification of Construction Mangers), the notice shall be published at least 30 days before the date the special prequalification application or the statement of qualifications is due.

e) Prequalification standards may be revised to be more closely related to the needs or environment of the special project, e.g., required firm and/or personnel experience may be limited to a particular size of project or to experience in a particular environment such as correctional facility work.

Section 1025.190 Submittal Requirements

a) All CMs submitting statements of qualifications for a specific project shall be prequalified with CDB as CMs prior to the date and time that the submittals are due. Failure to be prequalified will result in rejection of the submittals.

b) 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 the experience and expertise that qualifies them to perform the assignment.

Section 1025.200 Small Projects

For contracts whose value is less than $25,000, CDB may select any prequalified CM in accordance with Section 33-35 of the Code.

Section 1025.210 Emergency Projects

CDB may immediately select a CM when it is in the best interest of the State or in emergencies to protect public health or safety in accordance with Section 33-40 of the Code.

Section 1025.220 Procurement Limitations

a) A CM cannot participate in a selection process if it or a substantially affiliated firm is under contract or in the process of contracting with CDB for other goods or services required for the project and the CM's duties will involve or relate to those goods or services.

b) A CM selected to provide construction management services, or a substantially affiliated firm, may not bid on or otherwise be awarded a construction contract for the project.

c) Notwithstanding the above, when it is determined in writing to be in the State's best interest, the CM may provide or perform, directly or through unrelated contractors, basic services for which reimbursement is provided in the general conditions of the CM contract, or any other goods or service that does not conflict with or give the appearance of conflicting with the CM's duties.

d) A firm is substantially affiliated if any one or more of the individuals with more than 5% ownership interest and/or any officer or director of the CM firm and/or any individual authorized to sign bids, proposals or contracts for the CM firm owns or controls more than 5% of the affiliated firm and/or holds any of the above positions with the affiliated firm, or the affiliated firm shares more than 5% common ownership with the CM.

Section 1025.230 Publication of Award

The names of selected firms and the respective projects shall be published in CDB's Procurement Bulletin within 30 days after the selection and award.