Full Text of HB4619 093rd General Assembly
HB4619 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4619
Introduced 02/04/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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Creates the Design-Build Procurement Act. Provides procedures by which certain State agencies may solicit design-build proposals. Requires that each request for design-build proposals include scope and performance criteria. Requires State agencies to establish a committee to evaluate and select design-build firms. Sets forth the procedures for selecting a design-build firm. Sets forth the procedures by which design-build firms may submit proposals. Sets forth the procedures by which a State agency may award a design-build contract. Makes other provisions concerning design-build contracts. Effective immediately.
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A BILL FOR
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HB4619 |
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LRB093 20721 BDD 46609 b |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of | 3 |
| Illinois,represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as | 5 |
| the Design-Build
Procurement Act.
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| Section 5. Legislative policy. It is the intent of the | 7 |
| General Assembly
that
State construction agencies be allowed to | 8 |
| use the design-build delivery method
for public
projects if it | 9 |
| is shown to be in the State's best interest for that particular
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| project. It shall be the policy of State construction agencies | 11 |
| in the
procurement of
design-build services to publicly | 12 |
| announce all requirements for design-build
services and to | 13 |
| procure these services on the basis of demonstrated competence
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| and qualifications and with due regard for the principles of | 15 |
| competitive
selection.
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| A State construction agency shall, prior to issuing | 17 |
| requests for proposals,
promulgate
and publish procedures for | 18 |
| the solicitation and award of contracts pursuant to
this Act.
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| A State construction agency shall, for each public project | 20 |
| or projects
permitted under
this Act, make a written | 21 |
| determination, including a description as to the
particular | 22 |
| advantages of the design-build procurement method, that it is | 23 |
| in the
best interests of this State to enter into a | 24 |
| design-build contract for the
project or projects. In making | 25 |
| that determination, the following factors shall
be considered:
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| (1) The probability that the design-build procurement | 27 |
| method will be in
the best interests of the State by | 28 |
| providing a material savings of time or
cost over the | 29 |
| design-bid-build or other delivery system.
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| (2) The type and size of the project and its | 31 |
| suitability to the
design-build procurement method.
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| (3) The ability of the State construction agency to |
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| define and provide
comprehensive
scope and performance | 2 |
| criteria for the project.
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| The State construction agency shall within 15 days after | 4 |
| the initial
determination provide an advisory copy to the | 5 |
| Procurement Policy Board and
maintain the full record of | 6 |
| determination for 5 years.
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| Section 10. Definitions. As used in this Act:
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| "State construction agency" means and includes
those | 9 |
| agencies as defined in Section 1-15.25 of the Illinois | 10 |
| Procurement Code,
as amended, but does not mean the Illinois | 11 |
| Department of Transportation and the
Illinois State Toll | 12 |
| Highway Authority.
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| "Delivery system" means the design and construction | 14 |
| approach used to develop
and construct a project.
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| "Design-bid-build" means the traditional delivery system | 16 |
| used on public
projects in this State that incorporates the | 17 |
| Architectural, Engineering, and
Land Surveying Qualification | 18 |
| Based Selection Act (30 ILCS 535/) and the
principles of | 19 |
| competitive selection in the Illinois Procurement Code (30 ILCS
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| 500/).
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| "Design-build" means a delivery system that provides | 22 |
| responsibility within a
single contract for the furnishing of | 23 |
| architecture, engineering, land surveying
and related services | 24 |
| as required, and the labor, materials, equipment, and
other | 25 |
| construction services for the project.
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| "Design-build contract" means a contract for a public | 27 |
| project under this Act
between a State construction agency and | 28 |
| a design-build entity to furnish
architecture,
engineering, | 29 |
| land surveying, and related services as required, and to | 30 |
| furnish
the labor, materials, equipment, and other | 31 |
| construction services for the
project. The design-build | 32 |
| contract may be conditioned upon subsequent
refinements in | 33 |
| scope and price and may allow the State construction agency to
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| make
modifications in the project scope without invalidating | 35 |
| the design-build
contract.
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| "Design-build entity" means any individual, sole | 2 |
| proprietorship, firm,
partnership, joint venture, corporation, | 3 |
| professional corporation, or other
entity that proposes to | 4 |
| design and construct any public project under this Act.
A | 5 |
| design-build entity and associated design-build professionals | 6 |
| shall conduct
themselves in accordance with the laws of this | 7 |
| State and the related provisions
of the
Illinois
Administrative | 8 |
| Code, as
referenced by the licensed design professional Acts of | 9 |
| this
State, with respect to the solicitation and contracting of | 10 |
| design-build
services.
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| "Design professional" means any individual, sole | 12 |
| proprietorship, firm,
partnership, joint venture, corporation, | 13 |
| professional corporation, or other
entity that offers services | 14 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 15 |
| 305/), the Professional Engineering Practice Act of 1989 (225
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| ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 17 |
| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 18 |
| of 1989 (225 ILCS 330/).
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| "Evaluation criteria" means the requirements for the | 20 |
| separate phases of the
selection process as defined in this Act | 21 |
| and may include the specialized
experience, technical | 22 |
| qualifications and competence, capacity to perform, past
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| performance, experience with similar projects, assignment of | 24 |
| personnel to the
project, and other appropriate factors. Price | 25 |
| may not be used as a factor in
the evaluation of Phase I | 26 |
| proposals.
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| "Proposal" means the offer to enter into a design-build | 28 |
| contract as submitted
by a design-build entity in accordance | 29 |
| with this Act.
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| "Request for proposal" means the document used by a State | 31 |
| construction agency
to solicit
proposals for a design-build | 32 |
| contract.
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| "Scope and performance criteria" means the requirements | 34 |
| for the public
project, including but not limited to, the | 35 |
| intended usage, capacity, size,
scope, quality and performance | 36 |
| standards, life-cycle costs, and other
programmatic criteria |
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| that are expressed in performance-oriented and
quantifiable | 2 |
| specifications and drawings that can be reasonably inferred and
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| are suited to allow a design-build entity to develop a | 4 |
| proposal.
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| Section 15. Solicitation of proposals.
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| (a) A State construction agency that elects to use the | 7 |
| design-build delivery
method must
issue a notice of intent to | 8 |
| receive requests for proposals for the project at
least 14 days | 9 |
| before issuing the request for the proposal. The State
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| construction agency
must publish the advance notice in the | 11 |
| official procurement bulletin of the
State or the professional | 12 |
| services bulletin of the State construction agency,
if any. The
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| agency is encouraged to use publication of the notice in | 14 |
| related construction
industry service publications. A brief | 15 |
| description of the proposed procurement
must be included in the | 16 |
| notice. The State construction agency must provide a
copy of | 17 |
| the
request for proposal to any party requesting a copy.
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| (b) The request for proposal shall be prepared for each | 19 |
| project and must
contain, without limitation, the following | 20 |
| information:
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| (1) The State construction agency that will award the | 22 |
| design-build
contract.
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| (2) A preliminary schedule for the completion of the | 24 |
| contract.
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| (3) The proposed budget for the project, the source of | 26 |
| funds, and the
currently available funds.
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| (4) Prequalification criteria for design-build | 28 |
| entities wishing to submit
proposals.
The State | 29 |
| construction agency shall include, at a minimum, its normal
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| prequalification, licensing, registration, and other | 31 |
| requirements, but nothing
contained herein precludes the | 32 |
| use of additional prequalification criteria
by the State | 33 |
| construction agency.
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| (5) Material requirements of the contract, including | 35 |
| but not limited to,
the proposed terms and conditions, |
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| required performance and payment bonds,
insurance, | 2 |
| affirmative action, and workforce requirements, if any.
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| (6) The performance criteria.
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| (7) The evaluation criteria for each phase of the | 5 |
| solicitation.
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| (8) The number of entities that will be considered for | 7 |
| the technical and
cost
evaluation phase.
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| (c) The State construction agency may include any other | 9 |
| relevant information
that it
chooses to supply. The | 10 |
| design-build entity shall be entitled to rely upon the
accuracy | 11 |
| of this documentation in the development of its proposal.
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| (d) The date that proposals are due must be at least 21 | 13 |
| calendar days after
the date of the issuance of the request for | 14 |
| proposal. In the event the cost of
the project
is estimated to | 15 |
| exceed $10 million, then the proposal due date must be at least
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| 28 calendar days after the date of the issuance of the request | 17 |
| for proposal.
The State construction agency shall include in | 18 |
| the request for proposal a
minimum of 30 days
to develop the | 19 |
| Phase II submissions after the selection of entities
from the | 20 |
| Phase I evaluation is completed.
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| (e) Each design-build entity whose proposal proceeds to the | 22 |
| technical and
cost
evaluation phase may be reimbursed by the | 23 |
| State construction agency to defray
costs
associated with the | 24 |
| proposal preparation. If the State construction agency
elects | 25 |
| to provide
reimbursement, it shall specify in the request for | 26 |
| proposal the basis or
overall
reimbursement to be provided.
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| Section 20. Development of scope and performance criteria.
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| (a) The State construction agency shall develop, at the | 29 |
| direction of a
licensed design professional, a request
for | 30 |
| proposal, which shall include scope and performance criteria.
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| The scope and performance criteria must be in sufficient detail | 32 |
| and contain
adequate information to reasonably apprise the | 33 |
| qualified design-build entities
of the State construction | 34 |
| agency's overall programmatic needs and goals,
including | 35 |
| criteria and preliminary design plans,
general budget |
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| parameters, schedule, and delivery requirements.
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| (b) Each request for proposal shall also include a | 3 |
| description of the level
of design to be provided in the | 4 |
| proposals. This description must include the
scope and type of | 5 |
| renderings, drawings, and specifications that, at a minimum,
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| will be required by the State construction agency to be | 7 |
| produced by the
design-build entities.
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| (c) The scope and performance criteria shall be prepared by | 9 |
| a design
professional who is an employee of the State | 10 |
| construction agency, or the State
construction
agency may
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| contract with an independent design professional selected | 12 |
| under the
Architectural, Engineering and Land Surveying | 13 |
| Qualification Based Selection Act
(30 ILCS 535/) to provide | 14 |
| these services.
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| (d) The design professional that prepares the scope and | 16 |
| performance criteria
is prohibited from participating in any | 17 |
| design-build entity proposal for the
project.
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| Section 25. Selection Committee.
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| (a) Each State construction agency that elects to use the | 20 |
| design-build
delivery method
shall establish a committee to | 21 |
| evaluate and select the design-build entity. The
committee, | 22 |
| under the discretion of the State construction agency, shall | 23 |
| consist
of 3, 5, or
7 members and shall include at least one | 24 |
| licensed design professional and one
member of the public. The | 25 |
| public
member may not be employed or associated with any firm | 26 |
| holding a contract with
the State construction agency and shall | 27 |
| be nominated by design or construction
industry associations. | 28 |
| The selection committee may be designated for a set term
or
for | 29 |
| the particular project subject to the request for proposal.
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| (b) The members of the selection committee must certify for | 31 |
| each request for
proposal that no conflict of interest exists | 32 |
| between the members and the
design-build entities submitting | 33 |
| proposals. If a conflict exists, the member
must
be replaced | 34 |
| before any review of proposals.
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| Section 30. Procedures for Selection.
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| (a) The State construction agency must use a two-phase | 3 |
| procedure for the
selection of the
successful design-build | 4 |
| entity. Phase I of the procedure will evaluate and
shortlist | 5 |
| the design-build entities based on qualifications, and Phase II
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| will
evaluate the technical and cost proposals.
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| (b) The State construction agency shall include in the | 8 |
| request for proposal
the
evaluating factors to be used in Phase | 9 |
| I. These factors are in addition to any
prequalification | 10 |
| requirements of design-build entities that the agency has set
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| forth. Each request for proposal shall establish the relative | 12 |
| importance
assigned to each evaluation factor and subfactor, | 13 |
| including any weighting of
criteria to be employed by the State | 14 |
| construction agency. The State
construction agency must | 15 |
| maintain a
record of the evaluation scoring to be disclosed in | 16 |
| event of a protest
regarding the solicitation.
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| The State construction agency shall include the following | 18 |
| criteria in every
Phase I
evaluation of design-build entities: | 19 |
| (1) experience of personnel; (2)
successful
experience with | 20 |
| similar project types; (3) financial capability; (4) | 21 |
| timeliness
of past performance; (5) experience with similarly | 22 |
| sized projects; (6)
successful reference checks of the firm; | 23 |
| and (7) commitment to assign personnel
for the duration of the | 24 |
| project and qualifications of the entity's consultants.
The | 25 |
| State construction agency may include any additional relevant | 26 |
| criteria in
Phase I that
it deems necessary for a proper | 27 |
| qualification review.
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| The State construction agency may not consider any | 29 |
| design-build entity for
evaluation or
award if the entity has | 30 |
| any pecuniary interest in the project or has other
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| relationships or circumstances, including but not limited to, | 32 |
| long-term
leasehold, mutual performance, or development | 33 |
| contracts with the State
construction agency,
that may give the | 34 |
| design-build entity a financial or tangible advantage over
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| other design-build entities in the preparation, evaluation, or | 36 |
| performance of
the
design-build contract or that create the |
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| appearance of impropriety.
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| Upon completion of the qualifications evaluation, the | 3 |
| State construction
agency shall
create a shortlist of the most | 4 |
| highly qualified design-build entities. The
State
construction | 5 |
| agency, in its discretion, is not required to shortlist the
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| maximum number of
entities as identified for Phase II | 7 |
| evaluation, provided however, no less than
2
design-build | 8 |
| entities nor more than 6 are selected to submit Phase II
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| proposals.
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| The State construction agency shall notify the entities | 11 |
| selected for the
shortlist in
writing. This notification shall | 12 |
| commence the period for the preparation of the
Phase II | 13 |
| technical and cost evaluations. The State construction agency | 14 |
| must
allow sufficient
time for the shortlist entities to | 15 |
| prepare their Phase II submittals
considering
the scope and | 16 |
| detail requested by the State agency.
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| (c) The State construction agency shall include in the | 18 |
| request for proposal
the
evaluating factors to be used in the | 19 |
| technical and cost submission components
of Phase II. Each | 20 |
| request for proposal shall establish, for both the technical
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| and cost submission components of Phase II, the relative | 22 |
| importance assigned to
each evaluation factor and subfactor, | 23 |
| including any weighting of criteria to be
employed by the State | 24 |
| construction agency. The State construction agency must
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| maintain a record of the
evaluation scoring to be disclosed in | 26 |
| event of a protest regarding the
solicitation.
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| The State construction agency shall include the following | 28 |
| criteria in every
Phase II
technical evaluation of design-build | 29 |
| entities: (1) compliance with objectives
of
the
project; (2) | 30 |
| compliance of proposed services to the request for proposal
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| requirements; (3) quality of products or materials proposed; | 32 |
| (4) quality of
design parameters; (5) design concepts; (6) | 33 |
| innovation in meeting the scope and
performance criteria; and | 34 |
| (7) constructability of the
proposed project. The State | 35 |
| construction agency may include any additional
relevant
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| technical evaluation factors it deems necessary for proper |
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| selection.
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| The State construction agency shall include the following | 3 |
| criteria in every
Phase II cost
evaluation: the total project | 4 |
| cost, the construction costs, and the time of
completion. The | 5 |
| State construction agency may include any additional relevant
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| technical
evaluation factors it deems necessary for proper | 7 |
| selection. In no event shall
the total project cost
criteria in | 8 |
| this subsection exceed a weighting factor greater than 25%.
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| The State construction agency shall directly employ or | 10 |
| retain a licensed
design
professional to evaluate the technical | 11 |
| and cost submissions to determine if the
technical submissions | 12 |
| are in accordance with generally
accepted industry standards.
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| Upon completion of the technical submissions and cost | 14 |
| submissions evaluation,
the State construction agency may | 15 |
| award the design-build contract to the
highest
overall ranked | 16 |
| entity.
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| Section 35. Small projects. In any case where the total | 18 |
| overall cost of the
project is estimated to be less than $5 | 19 |
| million, the State construction agency
may combine
the | 20 |
| two-phase procedure for selection described in Section 30 into | 21 |
| one combined
step, provided that all the requirements of | 22 |
| evaluation are performed in
accordance with Section 30.
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| Section 40. Submission of proposals. Proposals must be | 24 |
| properly identified
and sealed. Proposals may not be reviewed | 25 |
| until after the deadline for
submission has passed as set forth | 26 |
| in the request for proposals. All
design-build entities | 27 |
| submitting proposals shall be disclosed after the
deadline
for | 28 |
| submission, and all design-build entities who are selected for | 29 |
| Phase II
evaluation shall also be disclosed at the time of that | 30 |
| determination.
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| Proposals shall include a bid bond in the form and security | 32 |
| as designated in
the request for proposals. Proposals shall | 33 |
| also contain a separate sealed
envelope with the cost | 34 |
| information within the overall proposal submission.
Proposals |
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| shall include a list of all design professionals and other | 2 |
| entities
to which any work may be subcontracted during the | 3 |
| performance of the contract.
In the event the request for | 4 |
| proposal so designates, these entities must meet
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| prequalification standards of the State construction agency.
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| Proposals must meet all material requirements of the | 7 |
| request for proposal or
they may be rejected as non-responsive. | 8 |
| The State construction agency shall
have the right
to reject | 9 |
| any and all proposals.
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| The drawings and specifications of the proposal shall | 11 |
| remain the property of
the design-build entity.
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| The State construction agency shall review the proposals | 13 |
| for compliance with
the
performance criteria and evaluation | 14 |
| factors.
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| Proposals may be withdrawn prior to evaluation for any | 16 |
| cause. After
evaluation begins by the State construction | 17 |
| agency, clear and convincing
evidence of error
is required for | 18 |
| withdrawal.
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| Section 45. Award. The State construction agency may award | 20 |
| the contract to
the highest
overall ranked entity. Notice of | 21 |
| award shall be made in writing. Unsuccessful
entities shall | 22 |
| also be notified in writing. The State construction agency may
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| not request a
best and final offer after the receipt of | 24 |
| proposals. The State construction
agency may
negotiate with the | 25 |
| selected design-build entity after award but prior to
contract
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| execution for the purpose of securing better terms than | 27 |
| originally proposed,
provided that the salient features of the | 28 |
| request for proposal are not
diminished.
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| Section 50. Administrative Procedure Act. The Illinois
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| Administrative Procedure Act (5 ILCS 100/) applies to all
| 31 |
| administrative rules and procedures of the State construction | 32 |
| agency under this
Act.
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| Section 53. Federal requirements. In the procurement of |
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| design-build
contracts, State construction agencies shall | 2 |
| comply with federal law and
regulations and take all necessary | 3 |
| steps to adapt their rules, policies, and
procedures to remain | 4 |
| eligible for federal aid.
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| Section 55. Severability. The provisions of this Act are | 6 |
| severable under
Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law. |
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