101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1805
 
Introduced 2/15/2019, by Sen. Scott M. Bennett
 
SYNOPSIS AS INTRODUCED:
 

 
30 ILCS 740/2-19 new
30 ILCS 740/3-9.5 new
30 ILCS 740/4-6 new

     Amends the Downstate Public Transportation Act. Provides for the authorization of two-phase design-build selection procedures under the Act. Effective immediately.
  


LRB101 08915 RJF 54005 b

 
 
A BILL FOR
 

  
SB1805LRB101 08915 RJF 54005 b


  
1    AN ACT concerning finance.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Downstate Public Transportation Act is 
5amended  by adding Sections 2-19, 3-9.5, and 4-6 as follows:
 
6    (30 ILCS 740/2-19 new)
7    Sec. 2-19. Design-build authorization.
8    (a)     In connection with two-phase design-build selection 
9procedures authorized in this Section, a participant may 
10authorize, by the affirmative vote of two-thirds of the then 
11members of its governing body, the use of competitive selection 
12and the prequalification of responsible bidders consistent 
13with applicable federal regulations and this Section.
14    (b)    Two-phase design-build selection procedures shall
    
15consist of the following:
16        (1)    A participant shall develop, through
        licensed 
17    architects or licensed engineers, a scope of work statement 
18    for inclusion in the solicitation for phase-one proposals 
19    that defines the project and provides prospective offerors 
20    with sufficient information regarding the participant's 
21    requirements. The statement shall include criteria and 
22    preliminary design, and general budget parameters and 
23    general schedule or delivery requirements to enable the 
 
 
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1    offerors to submit proposals which meet the participant's 
2    needs. When the two-phase design-build selection procedure 
3    is used and the participant contracts for development of 
4    the scope of work statement, the participant shall contract 
5    for architectural or engineering services as defined by and 
6    in accordance with the Architectural, Engineering, and 
7    Land Surveying Qualifications Based Selection Act and all 
8    applicable licensing statutes.
9        (2)   The evaluation factors to be used in
        evaluating 
10    phase-one proposals must be stated in the solicitation and 
11    must include specialized experience and technical 
12    competence, capability to perform, past performance of the 
13    offeror's team (including the architect-engineer and 
14    construction members of the team) and other appropriate 
15    technical and qualifications factors. Each solicitation 
16    must establish the relative importance assigned to the 
17    evaluation factors and the subfactors that must be 
18    considered in the evaluation of phase-one proposals on the 
19    basis of the evaluation factors set forth in the 
20    solicitation. Each design-build team must include a 
21    licensed design professional independent from the 
22    participant's licensed architect or engineer and a 
23    licensed design professional must be named in the phase-one 
24    proposals submitted to the participant.
25        (3)     On the basis of the phase-one proposal the
        
26    participant shall select as the most highly qualified the 
 
 
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1    number of offerors specified in the solicitation and 
2    request the selected offerors to submit phase-two 
3    competitive proposals and cost or price information. Each 
4    solicitation must establish the relative importance 
5    assigned to the evaluation factors and the subfactors that 
6    must be considered in the evaluation of phase-two proposals 
7    on the basis of the evaluation factors set forth in the 
8    solicitation. A participant may negotiate with the 
9    selected design-build team after award but prior to 
10    contract execution for the purpose of securing better terms 
11    than originally proposed, provided the salient features of 
12    the design-build solicitation are not diminished. Each 
13    phase-two solicitation evaluates separately (A) the 
14    technical submission for the proposal, including design 
15    concepts or proposed solutions to requirements addressed 
16    within the scope of work, and (B) the evaluation factors 
17    and subfactors, including cost or price, that must be 
18    considered in the evaluations of proposals.
19        (4)   A design-build solicitation issued under the
        
20    procedures in this Section shall state the maximum number 
21    of offerors that are to be selected to submit competitive 
22    phase-two proposals. The maximum number specified in the 
23    solicitation shall not exceed 5 unless the participant with 
24    respect to an individual solicitation determines that a 
25    specified number greater than 5 is in the best interest of 
26    the participant and is consistent with the purposes and 
 
 
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1    objectives of the two-phase design-build selection 
2    process.
3        (5)   All designs submitted as part of the
        two-phase 
4    selection process and not selected shall be proprietary to 
5    the preparers.
 
6    (30 ILCS 740/3-9.5 new)
7    Sec. 3-9.5. Design-build authorization.
8    (a)   In connection with two-phase design-build selection 
9procedures authorized in this Section, a participant may 
10authorize, by the affirmative vote of two-thirds of the then 
11members of its governing body, the use of competitive selection 
12and the prequalification of responsible bidders consistent 
13with applicable federal regulations and this Section.
14    (b)   Two-phase design-build selection procedures shall
    
15consist of the following:
16        (1)   A participant shall develop, through
        licensed 
17    architects or licensed engineers, a scope of work statement 
18    for inclusion in the solicitation for phase-one proposals 
19    that defines the project and provides prospective offerors 
20    with sufficient information regarding the participant's 
21    requirements. The statement shall include criteria and 
22    preliminary design, and general budget parameters and 
23    general schedule or delivery requirements to enable the 
24    offerors to submit proposals which meet the participant's 
25    needs. When the two-phase design-build selection procedure 
 
 
SB1805- 5 -LRB101 08915 RJF 54005 b

1    is used and the participant contracts for development of 
2    the scope of work statement, the participant shall contract 
3    for architectural or engineering services as defined by and 
4    in accordance with the Architectural, Engineering, and 
5    Land Surveying Qualifications Based Selection Act and all 
6    applicable licensing statutes.
7        (2)   The evaluation factors to be used in
        evaluating 
8    phase-one proposals must be stated in the solicitation and 
9    must include specialized experience and technical 
10    competence, capability to perform, past performance of the 
11    offeror's team (including the architect-engineer and 
12    construction members of the team) and other appropriate 
13    technical and qualifications factors. Each solicitation 
14    must establish the relative importance assigned to the 
15    evaluation factors and the subfactors that must be 
16    considered in the evaluation of phase-one proposals on the 
17    basis of the evaluation factors set forth in the 
18    solicitation. Each design-build team must include a 
19    licensed design professional independent from the 
20    participant's licensed architect or engineer and a 
21    licensed design professional must be named in the phase-one 
22    proposals submitted to the participant.
23        (3)   On the basis of the phase-one proposal the
        
24    participant shall select as the most highly qualified the 
25    number of offerors specified in the solicitation and 
26    request the selected offerors to submit phase-two 
 
 
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1    competitive proposals and cost or price information. Each 
2    solicitation must establish the relative importance 
3    assigned to the evaluation factors and the subfactors that 
4    must be considered in the evaluation of phase-two proposals 
5    on the basis of the evaluation factors set forth in the 
6    solicitation. A participant may negotiate with the 
7    selected design-build team after award but prior to 
8    contract execution for the purpose of securing better terms 
9    than originally proposed, provided the salient features of 
10    the design-build solicitation are not diminished. Each 
11    phase-two solicitation evaluates separately (A) the 
12    technical submission for the proposal, including design 
13    concepts or proposed solutions to requirements addressed 
14    within the scope of work, and (B) the evaluation factors 
15    and subfactors, including cost or price, that must be 
16    considered in the evaluations of proposals.
17        (4)   A design-build solicitation issued under the
        
18    procedures in this Section shall state the maximum number 
19    of offerors that are to be selected to submit competitive 
20    phase-two proposals. The maximum number specified in the 
21    solicitation shall not exceed 5 unless the participant with 
22    respect to an individual solicitation determines that a 
23    specified number greater than 5 is in the best interest of 
24    the participant and is consistent with the purposes and 
25    objectives of the two-phase design-build selection 
26    process.
 
 
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1        (5)   All designs submitted as part of the
        two-phase 
2    selection process and not selected shall be proprietary to 
3    the preparers.
 
4    (30 ILCS 740/4-6 new)
5    Sec. 4-6. Design-build authorization.
6    (a)   In connection with two-phase design-build selection 
7procedures authorized in this Section, a participant may 
8authorize, by the affirmative vote of two-thirds of the then 
9members of its governing body, the use of competitive selection 
10and the prequalification of responsible bidders consistent 
11with applicable federal regulations and this Section.
12    (b)   Two-phase design-build selection procedures shall
    
13consist of the following:
14        (1)   A participant shall develop, through
        licensed 
15    architects or licensed engineers, a scope of work statement 
16    for inclusion in the solicitation for phase-one proposals 
17    that defines the project and provides prospective offerors 
18    with sufficient information regarding the participant's 
19    requirements. The statement shall include criteria and 
20    preliminary design, and general budget parameters and 
21    general schedule or delivery requirements to enable the 
22    offerors to submit proposals which meet the participant's 
23    needs. When the two-phase design-build selection procedure 
24    is used and the participant contracts for development of 
25    the scope of work statement, the participant shall contract 
 
 
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1    for architectural or engineering services as defined by and 
2    in accordance with the Architectural, Engineering, and 
3    Land Surveying Qualifications Based Selection Act and all 
4    applicable licensing statutes.
5        (2)   The evaluation factors to be used in
        evaluating 
6    phase-one proposals must be stated in the solicitation and 
7    must include specialized experience and technical 
8    competence, capability to perform, past performance of the 
9    offeror's team (including the architect-engineer and 
10    construction members of the team) and other appropriate 
11    technical and qualifications factors. Each solicitation 
12    must establish the relative importance assigned to the 
13    evaluation factors and the subfactors that must be 
14    considered in the evaluation of phase-one proposals on the 
15    basis of the evaluation factors set forth in the 
16    solicitation. Each design-build team must include a 
17    licensed design professional independent from the 
18    participant's licensed architect or engineer and a 
19    licensed design professional must be named in the phase-one 
20    proposals submitted to the participant.
21        (3)   On the basis of the phase-one proposal the
        
22    participant shall select as the most highly qualified the 
23    number of offerors specified in the solicitation and 
24    request the selected offerors to submit phase-two 
25    competitive proposals and cost or price information. Each 
26    solicitation must establish the relative importance 
 
 
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1    assigned to the evaluation factors and the subfactors that 
2    must be considered in the evaluation of phase-two proposals 
3    on the basis of the evaluation factors set forth in the 
4    solicitation. A participant may negotiate with the 
5    selected design-build team after award but prior to 
6    contract execution for the purpose of securing better terms 
7    than originally proposed, provided the salient features of 
8    the design-build solicitation are not diminished. Each 
9    phase-two solicitation evaluates separately (A) the 
10    technical submission for the proposal, including design 
11    concepts or proposed solutions to requirements addressed 
12    within the scope of work, and (B) the evaluation factors 
13    and subfactors, including cost or price, that must be 
14    considered in the evaluations of proposals.
15        (4)    A design-build solicitation issued under the
        
16    procedures in this Section shall state the maximum number 
17    of offerors that are to be selected to submit competitive 
18    phase-two proposals. The maximum number specified in the 
19    solicitation shall not exceed 5 unless the participant with 
20    respect to an individual solicitation determines that a 
21    specified number greater than 5 is in the best interest of 
22    the participant and is consistent with the purposes and 
23    objectives of the two-phase design-build selection 
24    process.
25        (5)   All designs submitted as part of the
        two-phase 
26    selection process and not selected shall be proprietary to 
 
 
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1    the preparers.
 
 
2    Section 99. Effective date. This Act takes effect upon 
3becoming law.