Illinois General Assembly - Full Text of SB1497
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Full Text of SB1497  93rd General Assembly

SB1497sam001 93rd General Assembly



                                     LRB093 08420 BDD 12447 a

 1                    AMENDMENT TO SENATE BILL 1497

 2        AMENDMENT NO.     .  Amend Senate Bill 1497, on  page  1,
 3    immediately below line 5, by inserting the following:

 4        "Section  5.  Legislative policy. It is the intent of the
 5    General Assembly that State agencies be allowed  to  use  the
 6    design-build delivery method for public projects. It shall be
 7    the   policy   of   State  agencies  in  the  procurement  of
 8    design-build services to publicly announce  all  requirements
 9    for  design-build  services  and to procure these services on
10    the basis of demonstrated competence and  qualifications  and
11    with due regard for the principles of competitive selection.
12        The  State  agency  shall,  prior to issuing requests for
13    proposals,  promulgate  and  publish   procedures   for   the
14    solicitation and award of contracts pursuant to this Act.
15        The  State  agency  shall,  for  each  public  project or
16    projects  permitted  under   this   Act,   make   a   written
17    determination,  including  a description as to the particular
18    advantages of the design-build procurement method, that it is
19    in  the  best  interests  of  this  State  to  enter  into  a
20    design-build contract for the project or projects. In  making
21    that   determination,   the   following   factors   shall  be
22    considered:
23             (1)  The   probability   that    the    design-build
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 1        procurement  method  will be in the best interests of the
 2        State by providing a material savings  of  time  or  cost
 3        over the design-bid-build or other delivery system.
 4             (2)  The  type  and  size  of  the  project  and its
 5        suitability to the design-build procurement method.
 6             (3)  The ability of the State agency to  define  and
 7    provide  comprehensive scope and performance criteria for the
 8    project.

 9        Section 10.  Definitions. As used in this Act:
10        "State  agency"  means   and   includes   all   officers,
11    departments,    boards,   commissions,   councils,   bureaus,
12    committees, institutions, agencies, universities,  government
13    corporations  or  bodies politic, authorities, administrative
14    units, or other establishment or official of this State.
15        "Delivery  system"  means  the  design  and  construction
16    approach used to develop and construct a project.
17        "Design-bid-build" means the traditional delivery  system
18    used  on  public projects in this State that incorporates the
19    Architectural, Engineering, and Land Surveying  Qualification
20    Based  Selection  Act  (30  ILCS  535/) and the principles of
21    competitive selection in the Illinois  Procurement  Code  (30
22    ILCS 500/).
23        "Design-build"  means  a  delivery  system  that provides
24    responsibility within a single contract for the furnishing of
25    architecture,  engineering,  land   surveying   and   related
26    services  as  required,  and the labor, materials, equipment,
27    and other construction services for the project.
28        "Design-build contract" means a  contract  for  a  public
29    project   under  this  Act  between  a  State  agency  and  a
30    design-build firm to furnish architecture, engineering,  land
31    surveying,  and  related services as required, and to furnish
32    the  labor,  materials,  equipment,  and  other  construction
33    services for the project. The design-build  contract  may  be
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 1    conditioned  upon  subsequent  refinements in scope and price
 2    and may allow the State agency to make modifications  in  the
 3    project scope without invalidating the design-build contract.
 4        "Design-build    firm"   means   any   individual,   sole
 5    proprietorship,    firm,    partnership,    joint    venture,
 6    corporation, professional corporation, or other  entity  that
 7    proposes  to  design  and  construct any public project under
 8    this  Act.  A  design-build  firm  must  conduct  itself   in
 9    accordance  with  the  laws of this State with respect to the
10    solicitation and contracting of design-build services.
11        "Design  professional"   means   any   individual,   sole
12    proprietorship,    firm,    partnership,    joint    venture,
13    corporation,  professional  corporation, or other entity that
14    offers services under the Illinois Architecture Practice  Act
15    (225  ILCS  305/),  Professional Engineering Practice Act 225
16    ILCS 325/), Structural Engineering Licensing  Act  (225  ILCS
17    340/),  or  the  Illinois Professional Land Surveyor Act (225
18    ILCS 330/).
19        "Evaluation criteria"  means  the  requirements  for  the
20    separate  phases  of the selection process as defined in this
21    Act and may include  the  specialized  experience,  technical
22    qualifications  and  competence,  capacity  to  perform, past
23    performance, experience with similar projects, assignment  of
24    personnel  to  the  project,  and  other appropriate factors.
25    Price may not be used as a factor in the evaluation of  Phase
26    I proposals.
27        "Proposal"  means  the offer to enter into a design-build
28    contract as submitted by a design-build  firm  in  accordance
29    with this Act.
30        "Request for proposal" means the document used by a State
31    agency to solicit proposals for a design-build contract.
32        "Scope  and  performance criteria" means the requirements
33    for the public project, including but  not  limited  to,  the
34    intended   usage,   capacity,   size,   scope,   quality  and
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 1    performance   standards,   life-cycle   costs,   and    other
 2    programmatic     criteria     that     are    expressed    in
 3    performance-oriented  and  quantifiable  specifications   and
 4    drawings  that  can  be reasonably inferred and are suited to
 5    allow a design-build firm to develop a proposal.

 6        Section 15.  Solicitation of proposals.
 7        (a)  A State agency that elects to use  the  design-build
 8    delivery  method  must  issue  a  notice of intent to receive
 9    requests for proposals for  the  project  at  least  14  days
10    before issuing the request for the proposal. The State agency
11    must  publish  the advance notice in the official procurement
12    bulletin of the State or the professional  services  bulletin
13    of  the State agency, if any. The agency is encouraged to use
14    publication of the notice in  related  construction  industry
15    service  publications.  A  brief  description of the proposed
16    procurement must be included in the notice. The State  agency
17    must  provide a copy of the request for proposal to any party
18    requesting a copy.
19        (b)  The request for proposal shall be prepared for  each
20    project  and  must contain, without limitation, the following
21    information:
22             (1)  The  State   agency   that   will   award   the
23        design-build contract.
24             (2)  A  preliminary  schedule  for the completion of
25        the contract.
26             (3)  The proposed budget for the project, the source
27        of funds and the currently available funds.
28             (4)  Prequalification  criteria   for   design-build
29        firms wishing to submit proposals.
30             (5)  Material    requirements   of   the   contract,
31        including but not limited  to,  the  proposed  terms  and
32        conditions,   required  performance  and  payment  bonds,
33        insurance,    affirmative    action,    and     workforce
                            -5-      LRB093 08420 BDD 12447 a
 1        requirements, if any.
 2             (6)  The performance criteria.
 3             (7)  The  evaluation  criteria for each phase of the
 4        solicitation.
 5             (8)  The number of firms that will be considered for
 6        the technical and cost evaluation phase.
 7        (c)  The State agency  may  include  any  other  relevant
 8    information  that it chooses to supply. The design-build firm
 9    shall  be  entitled  to  rely  upon  the  accuracy  of   this
10    documentation in the development of its proposal.
11        (d)  The  date that proposals are due must be at least 21
12    calendar days after the date of the issuance of  the  request
13    for  proposal.  In  the  event  the  cost  of  the project is
14    estimated to exceed $10 million, then the proposal  due  date
15    must  be  at  least  28  calendar  days after the date of the
16    issuance of the request for proposal. The State agency  shall
17    include  in the request for proposal the amount of time to be
18    provided to  develop  the  Phase  II  submissions  after  the
19    selection of firms from the Phase I evaluation is completed.
20        (e)  Each  design-build  firm  whose proposal proceeds to
21    the technical and cost evaluation phase may be reimbursed  by
22    the State agency to defray costs associated with the proposal
23    preparation.   If   the   State   agency  elects  to  provide
24    reimbursement, it shall specify in the request  for  proposal
25    the basis or overall reimbursement to be provided.

26        Section   20.  Development   of   scope  and  performance
27    criteria.
28        (a)  Each request for proposal shall  include  scope  and
29    performance criteria. The scope and performance criteria must
30    be  in  sufficient detail and contain adequate information to
31    reasonably apprise the qualified design-build  firms  of  the
32    State agency's overall programmatic needs and goals.
33        (b)  Each  request  for  proposal  shall  also  include a
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 1    description of the level of design  to  be  provided  in  the
 2    proposals.  This  description must include the scope and type
 3    of  renderings,  drawings,  and  specifications  that,  at  a
 4    minimum, will be required by the State agency to be  produced
 5    by the design-build firms.
 6        (c)  The scope and performance criteria shall be prepared
 7    by  a  design  professional  who  is an employee of the State
 8    agency, or the State agency may contract with an  independent
 9    design   professional   selected   under  the  Architectural,
10    Engineering and Land Surveying Qualification Based  Selection
11    Act (30 ILCS 535/) to provide these services.
12        (d)  The  design professional that prepares the scope and
13    performance criteria is prohibited from participating in  any
14    design-build firm proposal for the project.

15        Section 25.  Selection Committee.
16        (a)  Each   State   agency   that   elects   to  use  the
17    design-build delivery method shall establish a  committee  to
18    evaluate  and  select  the  design-build firm. The committee,
19    under the discretion of the State Agency, shall consist of 3,
20    5, or 7 members and shall include at least one member of  the
21    public.  The  public member may not be employed or associated
22    with any firm holding a contract with the State  agency.  The
23    selection  committee  may be designated for a set term or for
24    the particular project subject to the request for proposal.
25        (b)  The members of the selection committee must  certify
26    for  each  request  for proposal that no conflict of interest
27    exists  between  the  members  and  the  design-build   firms
28    submitting  proposals.  If a conflict exists, the member must
29    be replaced before any review of proposals.

30        Section 30.  Procedures for Selection.
31        (a)  The State agency must use a two-phase procedure  for
32    the selection of the successful design-build firm. Phase I of
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 1    the  procedure  will  evaluate and shortlist the design-build
 2    firms based on qualifications, and the Phase II will evaluate
 3    the technical and cost proposals.
 4        (b)  The State agency shall include in  the  request  for
 5    proposal  the evaluating factors to be used in Phase I. These
 6    factors are in addition to any prequalification  requirements
 7    of  design-build  firms  that  the agency has set forth. Each
 8    request for proposal shall establish the relative  importance
 9    assigned  to  each evaluation factor and subfactor, including
10    any weighting of criteria to be employed by the State agency.
11    The State agency must maintain a  record  of  the  evaluation
12    scoring  to  be disclosed in event of a protest regarding the
13    solicitation.
14        The State agency shall include the following criteria  in
15    every   Phase   I   evaluation  of  design-build  firms:  (1)
16    experience  of  personnel;  (2)  successful  experience  with
17    similar  project  types;  (3)   financial   capability;   (4)
18    timeliness of past performance; (5) experience with similarly
19    sized  projects; (6) successful reference checks of the firm;
20    and (7) commitment to assign personnel for  the  duration  of
21    the project and qualifications of the firm's consultants. The
22    State  agency may include any additional relevant criteria in
23    Phase I that it deems necessary for  a  proper  qualification
24    review.
25        The  State  agency may not consider any design-build firm
26    for evaluation  or  award  if  the  firm  has  any  pecuniary
27    interest  in  the  project  or  has  other  relationships  or
28    circumstances,  including  but  not  limited  to,  long  term
29    leasehold,  mutual performance, or development contracts with
30    the State agency, that  may  give  the  design-build  firm  a
31    financial or tangible advantage over other design-build firms
32    in   the  preparation,  evaluation,  or  performance  of  the
33    design-build  contract  or  that  create  the  appearance  of
34    impropriety.
                            -8-      LRB093 08420 BDD 12447 a
 1        Upon completion of  the  qualifications  evaluation,  the
 2    State  agency  shall  create  a  shortlist of the most highly
 3    qualified  design-build  firms.  The  State  agency,  in  its
 4    discretion, is not required to shortlist the  maximum  number
 5    of  firms  as  identified  for  Phase II evaluation, provided
 6    however, no less than 2 design-build firms  are  selected  to
 7    submit Phase II proposals.
 8        The  State agency shall notify the firms selected for the
 9    shortlist in writing. This notification  shall  commence  the
10    period for the preparation of the Phase II technical and cost
11    evaluations.  The State agency must allow sufficient time for
12    the shortlist firms to  prepare  their  Phase  II  submittals
13    considering  the  scope  and  detail  requested  by the State
14    agency.
15        (c)  The State agency shall include in  the  request  for
16    proposal  the  evaluating factors to be used in the technical
17    and cost submission components of Phase II.  Each request for
18    proposal shall establish, for both  the  technical  and  cost
19    submission  components  of  Phase II, the relative importance
20    assigned to each evaluation factor and  subfactor,  including
21    any weighting of criteria to be employed by the State agency.
22    The  State  agency  must  maintain a record of the evaluation
23    scoring to be disclosed in event of a protest  regarding  the
24    solicitation.
25        The  State agency shall include the following criteria in
26    every Phase II technical evaluation  of  design-build  firms:
27    (1) compliance with objectives of the project; (2) compliance
28    of   proposed   services   to   the   request   for  proposal
29    requirements; (3) quality of products or materials  proposed;
30    (4)  quality  of  design parameters; (5) design concepts; (6)
31    innovation in meeting the scope and performance criteria; and
32    (7) constructability  of  the  proposed  project.  The  State
33    agency   may   include   any  additional  relevant  technical
34    evaluation factors it deems necessary for proper selection.
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 1        The State agency shall include the following criteria  in
 2    every  Phase  II  cost evaluation the total project cost, the
 3    construction costs, and the time  of  completion.  The  State
 4    agency   may   include   any  additional  relevant  technical
 5    evaluation factors it deems necessary for  proper  selection.
 6    In no event may any criteria in this subsection be assigned a
 7    higher importance or weighting than total cost.
 8        Upon  completion  of  the  technical submissions and cost
 9    submissions  evaluation,  the  State  Agency  may  award  the
10    design-build contract to highest overall ranked firm.

11        Section 35.  Small projects. In any case where the  total
12    overall  cost  of the project is estimated to be less than $5
13    million, the State agency may combine the two-phase procedure
14    for selection described in Section 30 into one combined step,
15    provided  that  all  the  requirements  of   evaluation   are
16    performed in accordance with Section 30.

17        Section  40.  Submission  of proposals. Proposals must be
18    properly identified and sealed. Proposals may not be reviewed
19    until after the deadline for submission  has  passed  as  set
20    forth  in  the  request for proposals. All design-build firms
21    submitting proposals shall be disclosed  after  the  deadline
22    for  submission,  and all design-build firms who are selected
23    for Phase II evaluation shall also be disclosed at  the  time
24    of that determination.
25        Proposals  shall  include  a  bid  bond  in  the form and
26    security  as  designated  in  the  request   for   proposals.
27    Proposals  shall also contain a separate sealed envelope with
28    the cost information within the overall proposal  submission.
29    Proposals  shall  include  a list of all design professionals
30    and other entities to which any  work  may  be  subcontracted
31    during  the  performance  of  the  contract. In the event the
32    request for proposal so designates,  these  firms  must  meet
                            -10-     LRB093 08420 BDD 12447 a
 1    prequalification standards of the State agency.
 2        Proposals  must  meet  all  material  requirements of the
 3    request  for  proposal   or   they   may   be   rejected   as
 4    non-responsive.  The  State  agency  shall  have the right to
 5    reject any and all proposals.
 6        The drawings and specifications  of  the  proposal  shall
 7    remain the property of the design-build firm.
 8        The   State   agency   shall  review  the  proposals  for
 9    compliance  with  the  performance  criteria  and  evaluation
10    factors.
11        Proposals may be withdrawn prior to  evaluation  for  any
12    cause. After evaluation begins by the State agency, clear and
13    convincing evidence of error is required for withdrawal.

14        Section  45.  Award.  The  State  agency  may  award  the
15    contract  to the highest overall ranked firm. Notice of award
16    shall be made in writing. Unsuccessful firms  shall  also  be
17    notified  in writing. The State agency may not request a best
18    and final offer after the receipt  of  proposals.  The  State
19    agency  may  negotiate  with  the  selected design-build firm
20    after award but prior to contract execution for  the  purpose
21    of  securing  better terms than originally proposed, provided
22    that the salient features of the request for proposal are not
23    diminished.

24        Section 50.  Administrative Procedure Act.  The  Illinois
25    Administrative  Procedure  Act  (5  ILCS 100/) applies to all
26    administrative rules and procedures of the State agency under
27    this Act.

28        Section 55.  Severability. The provisions of this Act are
29    severable under Section 1.31 of the Statute on Statutes.

30        Section 99. Effective date. This Act  takes  effect  upon
                            -11-     LRB093 08420 BDD 12447 a
 1    becoming law.".