ADMINISTRATIVE CODE

TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 1030 SELECTION OF DESIGN-BUILD ENTITIES

Section 1030.100 Definitions

Section 1030.110 Purpose

Section 1030.120 Written Determination

Section 1030.130 Public Notice

Section 1030.140 Request for Proposal

Section 1030.150 Preparation of Scope and Performance Criteria

Section 1030.160 Selection Committee

Section 1030.170 Phase 1 Evaluation

Section 1030.180 Shortlist

Section 1030.190 Phase 2 Evaluation

Section 1030.200 Submission of Proposals

Section 1030.210 Interviews

Section 1030.220 Small Projects

Section 1030.230 Award

Section 1030.240 Reports and Evaluations

Section 1030.250 Federal Requirements

TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 1030 SELECTION OF DESIGN-BUILD ENTITIES
SECTION 1030.100 DEFINITIONS

Section 1030.100 Definitions

"Act" means the Design-Build Procurement Act [30 ILCS 537].

"Board" means the Capital Development Board.

"CDB" means Capital Development Board, the agency.

"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" or "DB" 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 Entity" or "DB 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 the Act.

"Design Professional" or "A/E" means any individual, sole proprietorship, firm, partnership, corporation, or other legal 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 the 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 1 proposals.

"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 DB entity to develop a proposal.

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

Section 1030.110 Purpose

CDB shall procure DB services in compliance with the Act.

Section 1030.120 Written Determination

a) Before electing to use DB on a given project, CDB shall make a written determination, including a description as to the particular advantages of the DB procurement method for that project. The following factors shall be considered and addressed in that statement:

1) The probability that the DB procurement method will be in the best interests of the State 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 DB procurement method.

3) The ability of CDB to define and provide comprehensive scope and performance criteria for the project.

4) The best interests of the State will be served by entering into a DB contract for the project.

5) The project will comply with the disadvantaged business and equal employment practices of the State as established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] and Section 2-105 of the Illinois Human Rights Act [775 ILCS 5/2-105.

b) Within 15 days after the initial determination, CDB will provide an advisory copy of the written determination to the Procurement Policy Board, and shall maintain the full record of determination for 5 years.

Section 1030.130 Public Notice

a) CDB shall issue a notice of intent to receive requests for proposals for a DB project at least 14 days before issuing the request for the proposal. A brief description of the proposed procurement shall be included in the notice.

b) The notice of intent shall be posted on CDB's Internet Site (www.cdb.state.il.us) and may be published in the official State newspaper or otherwise made available in print.

c) The agency may also publish the notice in related construction industry service publications.

Section 1030.140 Request for Proposal

a) CDB shall provide a copy of the request for proposal to any party requesting a copy.

b) An RFP shall be prepared by CDB for each project and will contain the following information:

1) The Capital Development Board as the issuing agency;

2) A preliminary schedule for the completion of the contract;

3) The proposed budget for the project, the source of funds, and the currently available funds at the time the RFP is submitted;

4) Prequalification criteria for DB entities wishing to submit proposals. The criteria shall include CDB's normal prequalification, licensing, registration, and other requirements and any additional criteria deemed necessary by CDB;

5) Material requirements of the contract, including the proposed terms and conditions, required performance and payment bonds, insurance, the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act, and any other requirements deemed important by CDB;

6) The scope and performance criteria:

A) Shall be in sufficient detail and contain adequate information to reasonably apprise the qualified DB entities of CDB's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements;

B) Shall also include a description of the level of design to be provided in the proposals, including the scope and type of renderings, drawings, and specifications that will be required by CDB to be produced by the DB entities;

7) The evaluation criteria for each phase of the solicitation, including relative importance or weighting factor of each item (see Sections 1030.170, Phase 1 Evaluation, and 1030.190, Phase 2 Evaluation);

8) The number of entities (no fewer than 2 and no more than 6) that will be considered for the technical and cost evaluation phase (Phase 2);

9) The submittal schedule:

A) For projects estimated to cost less than $10 million, at least 21 days shall be allowed to prepare and submit Phase 1 proposals after the date of the issuance of the RFP.

B) For projects estimated to cost more than $10 million, at least 28 days shall be allowed to prepare and submit Phase 1 proposals after the date of the issuance of the RFP.

C) For all projects, at least 30 days shall be allowed to prepare and submit Phase 2 proposals after the selection of entities from the Phase 1 evaluation is completed;

10) Any other relevant information that CDB chooses to supply.

c) The DB entity shall be entitled to rely upon the accuracy of information included in the request for proposal in the development of its proposal.

Section 1030.150 Preparation of Scope and Performance Criteria

a) The scope and performance criteria shall be prepared by a design professional who is an employee of CDB, or CDB may contract with an independent design professional selected under the Architectural, Engineering and Land Surveying Qualification Based Selection Act [30 ILCS 535] to provide these services.

b) The design professional and/or officers of the design firm that prepares the scope and performance criteria are prohibited from participating in any DB entity proposal for the project.

Section 1030.160 Selection Committee

a) CDB shall establish a committee to evaluate and select the DB entity.

b) The committee shall consist of 5 or 7 members and include at least one licensed design professional and 2 members of the public.

1) Public members may not be employed by or associated with any firm holding a contract with CDB.

2) One public member shall be nominated by associations representing the general design or construction industry and one member shall be nominated by associations that represent minority or female-owned design or construction industry businesses.

3) The licensed design professional may be an employee of CDB or a representative of the firm that prepared the scope and performance criteria.

c) The selection committee may be designated for a set term or for the particular project, subject to the RFP.

d) The members of the selection committee must certify for each RFP that no conflict of interest exists between the members and the DB entities submitting proposals. If a conflict exists, the member must be replaced before any review of proposals.

Section 1030.170 Phase 1 Evaluation

a) In Phase 1, CDB will evaluate and shortlist the DB entities based on qualifications submitted in response to the RFP.

b) Evaluation shall be based on the prequalification requirements, evaluation criteria and relative importance or weighting of evaluation criteria as set forth in the RFP.

c) Proposals shall not be reviewed until after the deadline for submission has passed.

d) Proposals must meet all material requirements of the RFP or they may be rejected as non-responsive.

e) CDB shall have the right to reject any and all proposals.

f) CDB shall maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

g) Phase 1 evaluation criteria shall include:

1) experience of personnel;

2) successful experience with similar project types;

3) financial capability in relation to the size of the project;

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;

8) qualifications of the entity's design consultants;

9) CDB prequalification in good standing of any subcontractor proposed to perform any of the 5 subdivisions of work defined in Section 30-30 of the Illinois Procurement Code;

10) 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, Females, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act;

11) Other relevant criteria deemed necessary by CDB.

h) CDB will eliminate any DB entity from consideration 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 CDB, that may give the DB entity a financial or tangible advantage over other DB entities in the preparation, evaluation, or performance of the DB contract or that create the appearance of impropriety.

i) CDB will not consider any proposal that does not include the entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act .

j) CDB will publish the names of all DB entities submitting Phase 1 proposals on CDB's website in the next Professional Services Bulletin after the deadline for submission.

Section 1030.180 Shortlist

a) Upon completion of the Phase 1 qualifications evaluation, CDB shall create a shortlist of no fewer than 2 and no more than 6 (or the maximum number noted in the RFP) of the most highly qualified DB entities.

b) At its discretion, CDB may create a shortlist of fewer than the maximum number allowed by the RFP.

c) CDB shall notify in writing the entities selected for the shortlist.

1) The notification shall commence the period for preparation of Phase 2 submittals as listed in the RFP.

2) CDB may extend the period beyond that listed in the RFP, at its discretion, by including the new deadline in the written notification.

d) All DB entities selected for Phase 2 evaluation shall be published on CDB's website in the next Professional Services Bulletin after that determination.

Section 1030.190 Phase 2 Evaluation

a) In Phase 2, CDB will evaluate and rank the selected DB entities based on their technical and cost proposals.

b) Evaluation shall be based on the technical and cost submission components and relative importance or weighting of the technical and cost submission components as set forth in the RFP.

c) Proposals shall not be reviewed until after the deadline for submission has passed.

d) Proposals must meet all material requirements of the RFP or they may be rejected as non-responsive.

e) CDB shall have the right to reject any and all proposals.

f) CDB shall maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

g) CDB shall include the following criteria in the Phase 2 technical evaluation of DB entities:

1) compliance with objectives of the project;

2) compliance of proposed services to the RFP 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;

7) constructability of the proposed project;

8) other relevant criteria deemed necessary by CDB.

h) CDB shall include the following criteria in every Phase 2 cost evaluation:

1) total project cost;

2) construction costs;

3) time of completion;

4) other relevant criteria deemed necessary by CDB;

5) a total project cost criteria weighting factor of 25%.

i) CDB 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.

Section 1030.200 Submission of Proposals

a) Proposals must be properly identified and sealed.

b) Phase 1 proposals shall include a list of all design professionals and other entities as defined in Section 30-30 of the Illinois Procurement Code to which any work may be subcontracted during the performance of the contract.

c) Phase 1 proposals shall include a list of all entities that will perform any of the 5 subdivisions of work defined in Section 30-30 of the Illinois Procurement Code.

d) Phase 2 proposals shall include a bid bond and security in the format and amount as designated in the RFPs.

e) Phase 2 proposals shall contain a separate sealed envelope with the cost information within the overall proposal submission.

f) The drawings and specifications of the proposal shall remain the property of the DB entity.

g) Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by CDB, clear and convincing evidence of error is required for withdrawal.

Section 1030.210 Interviews

CDB may choose to conduct interviews when project complexity or other special circumstances warrant doing so. In such cases, all firms on the Phase 2 shortlist will be interviewed. These circumstances, if known, will be included in CDB's initial written determination (Section 1030.120) and the interview requirement will be part of the original RFP. If circumstances become known later, CDB will amend its written determination and notify the Phase 2 short list entities by written amendment of the RFP.

Section 1030.220 Small Projects

In any case in which the total overall cost of the project is estimated to be less than $10 million, CDB may combine the two-phase procedure for submittals into one combined step, provided that all the requirements of evaluation are performed in accordance with this Part.

Section 1030.230 Award

a) CDB may award the contract to the highest overall ranked entity based on the Phase 2 submissions.

b) Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing.

c) CDB may not request a best and final offer after the receipt of proposals.

d) CDB may negotiate with the selected DB entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the RFP are not diminished.

Section 1030.240 Reports and Evaluations

a) CDB shall require each selected DB entity to submit a written report at the end of every 6 month period following the contract award, and again prior to final contract payout and closure, detailing its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.

b) If the entity's performance in implementing the plan falls short of the performance measures and outcomes set forth in the plans submitted by the entity during the proposal process, CDB shall require a detailed written report, informing the General Assembly and the Governor whether and to what degree the DB entity promoted the utilization goals for business enterprises established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.

Section 1030.250 Federal Requirements

CDB will comply with federal law and regulations and take all necessary steps to adapt the rules, policies, and procedures to remain eligible for federal aid.