Rep. Anthony DeLuca

Filed: 4/21/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1570 on page 14,
3immediately below line 5, by inserting the following:
4    "Section 10. The School Code is amended by adding Article
515A as follows:
6    (105 ILCS 5/Art. 15A heading new)

8    (105 ILCS 5/15A-1 new)
9    Sec. 15A-1. Short title. This Article may be cited as the
10School Design-Build Authorization Law.
11    (105 ILCS 5/15A-5 new)
12    Sec. 15A-5. Purpose. The purpose of this Article is to
13authorize school districts to use design-build processes to
14increase the efficiency and effectiveness of delivering public



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2    (105 ILCS 5/15A-10 new)
3    Sec. 15A-10. Definitions. As used in this Article:
4    "Delivery system" means the design and construction
5approach used to develop and construct a project.
6    "Design-build" means a delivery system that provides
7responsibility within a single contract for the furnishing of
8architecture, engineering, land surveying, and related
9services, as required, and the labor, materials, equipment,
10and other construction services for the project.
11    "Design-build contract" means a contract for a public
12project under this Article between a school district and a
13design-build entity to furnish: architecture, engineering,
14land surveying, public art or interpretive exhibits, and
15related services, as required, and the labor, materials,
16equipment, and other construction services for the project.
17    "Design-build entity" means an individual, sole
18proprietorship, firm, partnership, joint venture, corporation,
19professional corporation, or other entity that proposes to
20design and construct any public project under this Article.
21    "Design professional" means an individual, sole
22proprietorship, firm, partnership, joint venture, corporation,
23professional corporation, or other entity that offers services
24under the Illinois Architecture Practice Act of 1989, the
25Professional Engineering Practice Act of 1989, the Structural



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1Engineering Practice Act of 1989, or the Illinois Professional
2Land Surveyor Act of 1989.
3    "Evaluation criteria" means the requirements for the
4separate phases of the selection process as set forth in this
5Article and may include the specialized experience, technical
6qualifications and competence, capacity to perform, past
7performance, experience with similar projects, assignment of
8personnel to the project, and other appropriate factors.
9    "Proposal" means the offer to enter into a design-build
10contract as submitted by a design-build entity in accordance
11with this Article.
12    "Public art designer" means an individual, sole
13proprietorship, firm, partnership, joint venture, corporation,
14professional corporation, or other entity that has
15demonstrated experience with the design and fabrication of
16public art, including any media that has been planned and
17executed with the intention of being staged in the physical
18public domain outside and accessible to all or any art that is
19exhibited in a public space, including publicly accessible
20buildings, or interpretive exhibits, including communication
21media that is designed to engage, excite, inform, relate, or
22reveal the intrinsic nature or indispensable quality of a
23topic or story being presented.
24    "Request for proposal" means the document used by the
25school district to solicit proposals for a design-build



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1    "Scope and performance criteria" means the requirements
2for the public project, such as the intended usage, capacity,
3size, scope, quality and performance standards, life-cycle
4costs, and other programmatic criteria that are expressed in
5performance-oriented and quantifiable specifications and
6drawings that can be reasonably inferred and are suited to
7allow a design-build entity to develop a proposal.
8    (105 ILCS 5/15A-15 new)
9    Sec. 15A-15. Solicitation of proposals.
10    (a) A school district may enter into design-build
11contracts. In addition to the requirements set forth by the
12school board, if the school district elects to use the
13design-build delivery method, it must issue a notice of intent
14to receive proposals for the project at least 14 days before
15issuing the request for the proposal. The school district must
16publish the advance notice in the manner prescribed by the
17school board, which must include posting the advance notice
18online on its website. The school district may publish the
19notice in construction industry publications or post the
20notice on construction industry websites. A brief description
21of the proposed procurement must be included in the notice.
22The school district must provide a copy of the request for
23proposal to any party requesting a copy.
24    (b) The request for proposal must be prepared for each
25project and must contain, without limitation, the following



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2        (1) The name of the school district.
3        (2) A preliminary schedule for the completion of the
4    contract.
5        (3) The proposed budget for the project, the source of
6    funds, and the currently available funds at the time the
7    request for proposal is submitted.
8        (4) Prequalification criteria for design-build
9    entities wishing to submit proposals. The school district
10    must include, at a minimum, its normal qualifications,
11    licensing, registration, and other requirements; however,
12    nothing precludes the use of additional prequalification
13    criteria by the school district.
14        (5) Material requirements of the contract, such as the
15    proposed terms and conditions, required performance and
16    payment bonds, insurance, and the entity's plan to comply
17    with the utilization goals for business enterprises
18    established in the Business Enterprise for Minorities,
19    Women, and Persons with Disabilities Act and with Section
20    2-105 of the Illinois Human Rights Act.
21        (6) The performance criteria.
22        (7) The evaluation criteria for each phase of the
23    solicitation. Price may not be used as a factor in the
24    evaluation of Phase I proposals.
25        (8) The number of entities that will be considered for
26    the technical and cost evaluation phase.



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1    (c) The school district may include any other relevant
2information that it chooses to supply. The design-build entity
3may rely upon the accuracy of this documentation in the
4development of its proposal.
5    (d) The date that proposals are due must be at least 21
6calendar days after the date of the issuance of the request for
7proposal. If the cost of the project is estimated to exceed
8$12,000,000, then the proposal due date must be at least 28
9calendar days after the date of the issuance of the request for
10proposal. The school district must include in the request for
11proposal a minimum of 30 days to develop the Phase II
12submissions after the selection of entities from the Phase I
13evaluation is completed.
14    (105 ILCS 5/15A-20 new)
15    Sec. 15A-20. Development of scope and performance
17    (a) The school district must develop, with the assistance
18of a licensed design professional or public art designer, a
19request for proposal, which must include scope and performance
20criteria. The scope and performance criteria must be in
21sufficient detail and contain adequate information to
22reasonably apprise the qualified design-build entities of the
23school district's overall programmatic needs and goals,
24including criteria, general budget parameters, schedule, and
25delivery requirements.



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1    (b) Each request for proposal must also include a
2description of the level of design to be provided in the
3proposals. This description must include the scope and type of
4renderings, drawings, and specifications that, at a minimum,
5will be required by the school district to be produced by the
6design-build entities.
7    (c) The scope and performance criteria must be prepared by
8a design professional or public art designer who is an
9employee of the school district, or the school district may
10contract with an independent design professional or public art
11designer selected under the Local Government Professional
12Services Selection Act to provide these services.
13    (d) The design professional or public art designer that
14prepares the scope and performance criteria is prohibited from
15participating in any design-build entity proposal for the
17    (e) The design-build contract may be conditioned upon
18subsequent refinements in scope and price and may allow the
19school district to make modifications in the project scope
20without invalidating the design-build contract.
21    (105 ILCS 5/15A-25 new)
22    Sec. 15A-25. Procedures for selection.
23    (a) The school district must use a 2-phase procedure for
24the selection of the successful design-build entity. Phase I
25of the procedure must evaluate and shortlist the design-build



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1entities based on qualifications, and Phase II must evaluate
2the technical and cost proposals.
3    (b) The school district must include in the request for
4proposal the evaluating factors to be used in Phase I. These
5factors are in addition to any prequalification requirements
6of design-build entities that the school district has set
7forth. Each request for proposal must establish the relative
8importance assigned to each evaluation factor and subfactor,
9including any weighting of criteria to be employed by the
10school district. The school district must maintain a record of
11the evaluation scoring to be disclosed in event of a protest
12regarding the solicitation.
13    The school district must include the following criteria in
14every Phase I evaluation of design-build entities:
15        (1) experience of personnel;
16        (2) successful experience with similar project types;
17        (3) financial capability;
18        (4) timeliness of past performance;
19        (5) experience with similarly sized projects;
20        (6) successful reference checks of the firm;
21        (7) commitment to assign personnel for the duration of
22    the project and qualifications of the entity's
23    consultants; and
24        (8) ability or past performance in meeting or
25    exhausting good faith efforts to meet the utilization
26    goals for business enterprises established in the Business



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1    Enterprise for Minorities, Women, and Persons with
2    Disabilities Act and with Section 2-105 of the Illinois
3    Human Rights Act.
4    The school district may include any additional, relevant
5criteria in Phase I that it deems necessary for a proper
6qualification review.
7    The school district may not consider a design-build entity
8for evaluation or an award if the entity has any pecuniary
9interest in the project or has other relationships or
10circumstances, such as long-term leasehold, mutual
11performance, or development contracts with the school
12district, that may give the design-build entity a financial or
13tangible advantage over other design-build entities in the
14preparation, evaluation, or performance of the design-build
15contract or that create the appearance of impropriety. A
16design-build entity shall not be disqualified under this
17Section solely due to having previously been awarded a project
18or projects under any applicable public procurement law of the
19State. No proposal may be considered that does not include an
20entity's plan to comply with the requirements established in
21the Business Enterprise for Minorities, Women, and Persons
22with Disabilities Act, for both the design and construction
23areas of performance, and with Section 2-105 of the Illinois
24Human Rights Act.
25    Upon completion of the qualification evaluation, the
26school district must create a shortlist of the most highly



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1qualified design-build entities. The school district, in its
2discretion, is not required to shortlist the maximum number of
3entities as identified for Phase II evaluation if no less than
42 design-build entities nor more than 6 are selected to submit
5Phase II proposals. If a school district receives one response
6to Phase I, nothing herein shall prohibit the school district
7from proceeding with a Phase II evaluation of the single
8respondent, if the school district, in its discretion, finds
9proceeding to be in its best interest.
10    The school district must notify the entities selected for
11the shortlist in writing. This notification must commence the
12period for the preparation of the Phase II technical and cost
13evaluations. The school district must allow sufficient time
14for the shortlist entities to prepare their Phase II
15submittals considering the scope and detail requested by the
16school district.
17    (c) The school district must include in the request for
18proposal the evaluating factors to be used in the technical
19and cost submission components of Phase II. Each request for
20proposal must establish, for both the technical and cost
21submission components of Phase II, the relative importance
22assigned to each evaluation factor and subfactor, including
23any weighting of criteria to be employed by the school
24district. The school district must maintain a record of the
25evaluation scoring to be disclosed in event of a protest
26regarding the solicitation.



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1    The school district must include the following criteria in
2every Phase II technical evaluation of design-build entities:
3        (1) compliance with objectives of the project;
4        (2) compliance of proposed services to the request for
5    proposal requirements;
6        (3) quality of products or materials proposed;
7        (4) quality of design parameters;
8        (5) design concepts;
9        (6) innovation in meeting the scope and performance
10    criteria; and
11        (7) constructability of the proposed project.
12    The school district may include any additional relevant
13technical evaluation factors it deems necessary for proper
15    The school district must include the following criteria in
16every Phase II cost evaluation: the total project cost, the
17construction costs, and the time of completion. The school
18district may include any additional relevant technical
19evaluation factors it deems necessary for proper selection.
20The total project cost criteria weighting factor may not
21exceed 30%.
22    The school district must directly employ or retain a
23licensed design professional or a public art designer to
24evaluate the technical and cost submissions to determine if
25the technical submissions are in accordance with generally
26accepted industry standards. Upon completion of the technical



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1submissions and cost submissions evaluation, the school
2district may award the design-build contract to the highest
3overall ranked entity.
4    (105 ILCS 5/15A-30 new)
5    Sec. 15A-30. Small projects. In any case in which the
6total overall cost of the project is estimated to be
7$12,000,000 or less, the school district may combine the
82-phase procedure for selection described in Section 15A-25
9into one combined step if all the requirements of evaluation
10are performed in accordance with Section 15A-25.
11    (105 ILCS 5/15A-35 new)
12    Sec. 15A-35. Submission of proposals. Proposals must be
13properly identified and sealed. Proposals may not be reviewed
14until after the deadline for submission has passed as set
15forth in the request for proposal.
16    Proposals must include a bid bond in the form and security
17as designated in the request for proposal. Proposals must also
18contain a separate sealed envelope with the cost information
19within the overall proposal submission. Proposals must include
20a list of all design professionals, public art designers, and
21other entities to which any work may be subcontracted during
22the performance of the contract.
23    Proposals must meet all material requirements of the
24request for proposal, or they may be rejected as



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1nonresponsive. The school district may reject any and all
3    The drawings and specifications of the proposal may remain
4the property of the design-build entity.
5    The school district must review the proposals for
6compliance with the performance criteria and evaluation
8    Proposals may be withdrawn prior to evaluation for any
9cause. After evaluation begins by the school district, clear
10and convincing evidence of error is required for withdrawal.
11    After a response to a request for qualifications or a
12request for proposal has been submitted under this Section, a
13design-build entity may not replace, remove, or otherwise
14modify any firm identified as a member of the proposer's team
15unless authorized to do so by the school district.
16    (105 ILCS 5/15A-40 new)
17    Sec. 15A-40. Award; performance. The school district may
18award the contract to the highest overall ranked design-build
19entity. Notice of award must be made in writing. Unsuccessful
20design-build entities must also be notified in writing. The
21school district may not request a best and final offer after
22the receipt of proposals of all qualified design-build
23entities. The school district may negotiate with the selected
24design-build entity after the award, but prior to contract
25execution, for the purpose of securing better terms than



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1originally proposed if the salient features of the request for
2proposal are not diminished.
3    A design-build entity and associated design professionals
4must conduct themselves in accordance with the relevant laws
5of this State and the related provisions of the Illinois
6Administrative Code.
7    (105 ILCS 5/15A-45 new)
8    Sec. 15A-45. Evaluation and report. At the end of every
96-month period following the contract award, and again prior
10to final contract payout and closure, a selected design-build
11entity must detail, in a written report submitted to the
12school district, its efforts and success in implementing the
13entity's plan to comply with the utilization goals for
14business enterprises established in the Business Enterprise
15for Minorities, Women, and Persons with Disabilities Act and
16the provisions of Section 2-105 of the Illinois Human Rights
18    (105 ILCS 5/15A-50 new)
19    Sec. 15A-50. Exception. Nothing in this Article prevents a
20school district from using a qualification-based selection
21process for design professionals or construction managers for
22design-build projects.
23    (105 ILCS 5/15A-90 new)



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1    Sec. 15A-90. Severability. The provisions of this Article
2are severable under Section 1.31 of the Statute on Statutes.".