SB3803 104TH GENERAL ASSEMBLY

LRB104 19208 HLH 32653 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3803

Introduced 2/6/2026, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

30 ILCS 537/5
30 ILCS 537/10
30 ILCS 537/90 rep.

Amends the Design-Build Procurement Act. Provides that certain provisions of the Act are inoperative for public institutions of higher education on and after January 1, 2028. Provides that certain provisions of the Act are inoperative for the Department of Central Management Services on and after January 1, 2027. Provides that, on and after January 1, 2028, a public institution on higher education shall not be considered a State construction site under the Act. Removes provisions repealing the Act on January 1, 2027. Effective immediately.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Design-Build Procurement Act is amended by changing Sections 5 and 10 as follows:

(30 ILCS 537/5)

(Section scheduled to be repealed on January 1, 2027)

Sec. 5. Legislative policy. It is the intent of the General Assembly that the State construction agency be allowed to use the design-build delivery method for public projects if it is shown to be in the State's best interest for that particular project. It shall be the policy of the State construction agency in the procurement of design-build services to publicly announce all requirements for design-build services and to procure these services on the basis of demonstrated competence and qualifications and with due regard for the principles of competitive selection.

The State construction agency shall, prior to issuing requests for proposals, promulgate and publish procedures for the solicitation and award of contracts pursuant to this Act.

The State construction agency shall, for each public project or projects permitted under this Act, make a written determination, including a description as to the particular advantages of the design-build procurement method, that it is in the best interests of this State to enter into a design-build contract for the project or projects. In making that determination, the following factors shall be considered:

(1) The probability that the design-build 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 design-build procurement method.

(3) The ability of the State construction agency to define and provide comprehensive scope and performance criteria for the project.

No State construction agency may use a design-build procurement method unless the agency determines in writing that the project will comply with the disadvantaged business and equal employment practices of the State as established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and Section 2-105 of the Illinois Human Rights Act.

The State construction agency shall within 15 days after the initial determination provide an advisory copy to the Procurement Policy Board and maintain the full record of determination for 5 years.

The provisions of this Section are inoperative for public institutions of higher education on and after January 1, 2028. The provisions of this Section are inoperative for the Department of Central Management Services on and after January 1, 2027.

(Source: P.A. 102-1119, eff. 1-23-23.)

(30 ILCS 537/10)

(Section scheduled to be repealed on January 1, 2027)

Sec. 10. Definitions. As used in this Act:

"State construction agency" means the Capital Development Board or, until January 1, 2028, in the case of a design-build procurement for a public institution of higher education, , or, until January 1, 2027 the public institution of higher education, or, in the case of a design-build procurement by the Department of Central Management Services in accordance with Section 405-217 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois, the Department of Central Management Services. On and after January 1, 2028, a public institution of higher education is not considered a State construction agency.

"Delivery system" means the design and construction approach used to develop and construct a project.

"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" 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 contract" means a contract for a public project under this Act between the State construction agency and a design-build entity to furnish architecture, engineering, land surveying, and related services as required, and to furnish the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the State construction agency to make modifications in the project scope without invalidating the design-build contract.

"Design-build 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 this Act. A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.

"Design professional" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other 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 this 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 I proposals.

"Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Act.

"Public institution of higher education" has the meaning ascribed in subsection (f) of Section 1-13 of the Illinois Procurement Code.

"Request for proposal" means the document used by the State construction agency to solicit proposals for a design-build contract.

"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 design-build entity to develop a proposal.

(Source: P.A. 104-2, eff. 6-16-25.)

(30 ILCS 537/90 rep.)

Section 10. The Design-Build Procurement Act is amended by repealing Section 90.

Section 99. Effective date. This Act takes effect upon becoming law.