Full Text of SB1805 101st General Assembly
SB1805 101ST GENERAL ASSEMBLY |
| | 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 | |
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Amends the Downstate Public Transportation Act. Provides for the authorization of two-phase design-build selection procedures under the Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Downstate Public Transportation Act is | 5 | | amended 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 | 9 | | procedures authorized in this Section, a participant may | 10 | | authorize, by the affirmative vote of two-thirds of the then | 11 | | members of its governing body, the use of competitive selection | 12 | | and the prequalification of responsible bidders consistent | 13 | | with applicable federal regulations and this Section. | 14 | | (b) Two-phase design-build selection procedures shall
| 15 | | consist 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 | 9 | | procedures authorized in this Section, a participant may | 10 | | authorize, by the affirmative vote of two-thirds of the then | 11 | | members of its governing body, the use of competitive selection | 12 | | and the prequalification of responsible bidders consistent | 13 | | with applicable federal regulations and this Section. | 14 | | (b) Two-phase design-build selection procedures shall
| 15 | | consist 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 |
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| 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 | 7 | | procedures authorized in this Section, a participant may | 8 | | authorize, by the affirmative vote of two-thirds of the then | 9 | | members of its governing body, the use of competitive selection | 10 | | and the prequalification of responsible bidders consistent | 11 | | with applicable federal regulations and this Section. | 12 | | (b) Two-phase design-build selection procedures shall
| 13 | | consist 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 | 3 | | becoming law.
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