Full Text of HB5479 103rd General Assembly
HB5479eng 103RD GENERAL ASSEMBLY | | | HB5479 Engrossed | | LRB103 38397 MXP 68532 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Progressive Design-Build Pilot Program Act. | 6 | | Section 5. Legislative policy. It is the intent of the | 7 | | General Assembly that the State construction agency shall | 8 | | establish a Progressive Design-Build Pilot Program to use the | 9 | | progressive design-build delivery method for up to 3 public | 10 | | projects commencing prior to January 1, 2027 if it is shown to | 11 | | be in the State's best interest for that particular project. | 12 | | It shall be the policy of the State construction agency in the | 13 | | procurement of progressive design-build services to publicly | 14 | | announce all requirements for progressive design-build | 15 | | services and to procure these services on the basis of | 16 | | demonstrated competence and qualifications and with due regard | 17 | | for the principles of competitive selection. | 18 | | The State construction agency shall, prior to issuing | 19 | | requests for qualifications, publish procedures for the | 20 | | solicitation and award of contracts pursuant to this Act. | 21 | | The State construction agency shall, for each public | 22 | | project or projects permitted under this Act, make a written | 23 | | determination, including a description as to the particular |
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| 1 | | advantages of the progressive design-build procurement method, | 2 | | that it is in the best interests of this State to enter into a | 3 | | progressive design-build contract for the project or projects. | 4 | | In making that determination, the following factors shall be | 5 | | considered: | 6 | | (1) The probability that the progressive design-build | 7 | | procurement method will be in the best interests of the | 8 | | State by providing a material savings of time or cost over | 9 | | the design-bid-build or other delivery system. | 10 | | (2) The type and size of the project and its | 11 | | suitability to the progressive design-build procurement | 12 | | method. | 13 | | (3) The ability of the State construction agency to | 14 | | define and provide comprehensive scope and performance | 15 | | criteria for the project. | 16 | | No State construction agency may use the progressive | 17 | | design-build procurement method unless the agency determines | 18 | | in writing that the project will comply with the disadvantaged | 19 | | business and equal employment practices of the State as | 20 | | established in the Business Enterprise for Minorities, Women, | 21 | | and Persons with Disabilities Act and Section 2-105 of the | 22 | | Illinois Human Rights Act. | 23 | | The State construction agency shall within 15 days after | 24 | | the initial determination provide an advisory copy to the | 25 | | Procurement Policy Board and maintain the full record of | 26 | | determination for 5 years. |
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| 1 | | Section 10. Definitions. As used in this Act: | 2 | | "Chief procurement office" means the offices to which the | 3 | | chief procurement officers are appointed pursuant to Section | 4 | | 10-20 of the Illinois Procurement Code. | 5 | | "Delivery system" means the design and construction | 6 | | approach used to develop and construct a project. | 7 | | "Design-bid-build" means the traditional delivery system | 8 | | used on public projects in this State that incorporates the | 9 | | Architectural, Engineering, and Land Surveying Qualification | 10 | | Based Selection Act and the principles of competitive | 11 | | selection in the Illinois Procurement Code. | 12 | | "Design professional" means any individual, sole | 13 | | proprietorship, firm, partnership, joint venture, corporation, | 14 | | professional corporation, or other entity that offers services | 15 | | under the Illinois Architecture Practice Act of 1989, the | 16 | | Professional Engineering Practice Act of 1989, the Structural | 17 | | Engineering Licensing Act of 1989, or the Illinois | 18 | | Professional Land Surveyor Act of 1989. | 19 | | "Evaluation criteria" means the requirements for the | 20 | | selection process as defined in this Act and may include the | 21 | | specialized experience, technical qualifications and | 22 | | competence, capacity to perform, past performance, experience | 23 | | with similar projects, assignment of personnel to the project, | 24 | | and other appropriate factors. Price may not be used as a | 25 | | factor in the evaluation of progressive design-build. |
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| 1 | | "Progressive design-build" means a project delivery | 2 | | process in which both the design and construction of a project | 3 | | are procured from a single entity that is selected through a | 4 | | qualifications-based selection at the earliest feasible stage | 5 | | of the project. | 6 | | "Progressive design-build contract" means a contract for a | 7 | | public project under this Act between the State construction | 8 | | agency and a progressive design-build entity to furnish | 9 | | architecture, engineering, land surveying, and related | 10 | | services as required, and to furnish the labor, materials, | 11 | | equipment, and other construction services for the project. A | 12 | | progressive design-build contract may be conditioned upon | 13 | | subsequent refinements in scope and price and may allow the | 14 | | State construction agency to make modifications in the project | 15 | | scope without invalidating the progressive design-build | 16 | | contract. | 17 | | "Progressive design-build entity" means any individual, | 18 | | sole proprietorship, firm, partnership, joint venture, | 19 | | corporation, professional corporation, or other entity that | 20 | | proposes to design and construct any public project under this | 21 | | Act. A progressive design-build entity and associated | 22 | | progressive design-build professionals shall conduct | 23 | | themselves in accordance with the laws of this State and the | 24 | | related provisions of the Illinois Administrative Code, as | 25 | | referenced by the licensed design professionals Acts of this | 26 | | State. |
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| 1 | | "Qualification" means a statement of qualifications | 2 | | submitted by a proposer in response to a request for | 3 | | qualifications. | 4 | | "Request for qualifications" means a document issued by | 5 | | the State construction agency to solicit qualifications from | 6 | | proposers in accordance with the progressive design-build | 7 | | project delivery method. | 8 | | "Scope and performance criteria" means the requirements | 9 | | for the public project, including but not limited to, the | 10 | | intended usage, capacity, size, scope, quality and performance | 11 | | standards, and other programmatic criteria that are expressed | 12 | | in performance-oriented requirements that can be reasonably | 13 | | inferred and are suited to allow a progressive design-build | 14 | | entity to develop a proposal. | 15 | | "State construction agency" means the Capital Development | 16 | | Board. | 17 | | Section 15. Solicitation of qualifications. | 18 | | (a) When the State construction agency elects to use the | 19 | | progressive design-build delivery method, it must issue a | 20 | | notice of intent to receive requests for qualifications for | 21 | | the project at least 14 days before issuing the request for | 22 | | qualifications. The State construction agency must publish the | 23 | | advance notice in the official procurement bulletin of the | 24 | | State or the professional services bulletin of the State | 25 | | construction agency, if any. The agency is encouraged to use |
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| 1 | | publication of the notice in related construction industry | 2 | | service publications. A brief description of the proposed | 3 | | procurement must be included in the notice. The State | 4 | | construction agency must provide a copy of the request for | 5 | | qualifications to any party requesting a copy. | 6 | | (b) The request for qualifications shall be prepared for | 7 | | each project and must contain, without limitation, the | 8 | | following information: | 9 | | (1) The name of the State construction agency. | 10 | | (2) A preliminary schedule for the completion of the | 11 | | contract. | 12 | | (3) The proposed budget for the project, the source of | 13 | | funds, and the currently available funds at the time the | 14 | | request for qualifications is submitted. | 15 | | (4) Prequalification criteria for progressive | 16 | | design-build entities wishing to submit proposals. The | 17 | | State construction agency shall include, at a minimum, its | 18 | | normal prequalification, licensing, registration, and | 19 | | other requirements, but nothing contained herein precludes | 20 | | the use of additional prequalification criteria by the | 21 | | State construction agency. | 22 | | (5) Material requirements of the contract, including | 23 | | but not limited to, the proposed terms and conditions, | 24 | | required performance and payment bonds, insurance, and the | 25 | | entity's plan to comply with the utilization goals for | 26 | | 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 | | (6) The performance criteria. | 5 | | (7) The evaluation criteria for the solicitation. | 6 | | (c) The State construction agency may include any other | 7 | | relevant information that it chooses to supply. The | 8 | | progressive design-build entity shall be entitled to rely upon | 9 | | the accuracy of this documentation in the development of its | 10 | | qualifications. | 11 | | (d) The date that qualifications are due must be at least | 12 | | 21 calendar days after the date of the issuance of the request | 13 | | for qualifications. In the event the cost of the project is | 14 | | estimated to exceed $10,000,000, then the qualifications due | 15 | | date must be at least 28 calendar days after the date of the | 16 | | issuance of the request for qualifications. | 17 | | Section 20. Development of scope and performance criteria. | 18 | | The State construction agency shall develop a request for | 19 | | qualifications, which shall include preliminary scopes, | 20 | | descriptions of the areas of technical expertise needed, and | 21 | | requirements for experience. The request must be in sufficient | 22 | | detail and contain adequate information to reasonably apprise | 23 | | the qualified progressive design-build entities of the State | 24 | | construction agency's overall programmatic needs and goals, | 25 | | including criteria, general budget parameters, schedule, and |
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| 1 | | delivery requirements. | 2 | | Section 25. Selection committee. | 3 | | (a) When the State construction agency elects to use the | 4 | | progressive design-build delivery method, it shall establish a | 5 | | committee to evaluate and select the progressive design-build | 6 | | entity. The committee, under the discretion of the State | 7 | | construction agency, shall consist of at least 5 but no more | 8 | | than 7 members and shall include at least one licensed design | 9 | | professional and 2 members of the public. Public members may | 10 | | not be employed or associated with any firm holding a contract | 11 | | with the State construction agency. Within 30 days of | 12 | | receiving notice, one public member shall be nominated by | 13 | | associations representing the general design or construction | 14 | | industry and one member shall be nominated by associations | 15 | | that represent minority or woman-owned design or construction | 16 | | industry businesses. If either group fails to nominate a | 17 | | suitable candidate within the 30-day period, the State | 18 | | construction agency shall nominate an appropriate public | 19 | | member. | 20 | | (b) The members of the selection committee must certify | 21 | | for each request for qualifications that no conflict of | 22 | | interest exists between the members and the progressive | 23 | | design-build entities submitting qualifications. | 24 | | If a conflict is discovered before qualifications are | 25 | | reviewed, the member must be replaced before any review of |
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| 1 | | qualifications. If a conflict is discovered after | 2 | | qualifications are reviewed, the member with the conflict | 3 | | shall be removed and the committee may continue with only one | 4 | | public member. | 5 | | If at least 5 members remain, the remaining committee | 6 | | members may complete the selection process. | 7 | | Section 30. Procedures for selection. | 8 | | (a) The State construction agency must use a 2-phase | 9 | | procedure for the selection of the successful progressive | 10 | | design-build entity. Phase I of the procedure will evaluate | 11 | | and shortlist for interviews the progressive design-build | 12 | | entities based on qualifications, and Phase II will evaluate | 13 | | shortlisted teams based on scoring of specific criteria | 14 | | addressed in their presentations and interviews. | 15 | | (b) The State construction agency shall include in the | 16 | | request for qualifications the evaluating factors to be used | 17 | | in Phase I. These factors are in addition to any | 18 | | prequalification requirements of progressive design-build | 19 | | entities that the agency has set forth. Each request for | 20 | | qualifications shall establish the relative importance | 21 | | assigned to each evaluation factor and subfactor, including | 22 | | any weighting of criteria to be employed by the State | 23 | | construction agency. The State construction agency must | 24 | | maintain a record of the evaluation scoring to be disclosed in | 25 | | event of a protest regarding the solicitation. |
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| 1 | | The State construction agency shall include the following | 2 | | criteria in every Phase I evaluation of progressive | 3 | | design-build entities: (1) experience of personnel; (2) | 4 | | successful experience with similar project types; (3) | 5 | | financial capability; (4) timeliness of past performance; (5) | 6 | | experience with similarly sized projects; (6) successful | 7 | | reference checks of the firm; (7) commitment to assign | 8 | | personnel for the duration of the project and qualifications | 9 | | of the entity's consultants; and (8) ability or past | 10 | | performance in meeting or exhausting good faith efforts to | 11 | | meet the utilization goals for business enterprises | 12 | | established in the Business Enterprise for Minorities, Women, | 13 | | and Persons with Disabilities Act and with Section 2-105 of | 14 | | the Illinois Human Rights Act. The State construction agency | 15 | | may include any additional relevant criteria in Phase I that | 16 | | it deems necessary for a proper qualification review. | 17 | | The State construction agency may not consider any | 18 | | progressive design-build entity for evaluation or award if the | 19 | | entity has any pecuniary interest in the project or has other | 20 | | relationships or circumstances, including but not limited to, | 21 | | long-term leasehold, mutual performance, or development | 22 | | contracts with the State construction agency, that may give | 23 | | the progressive design-build entity a financial or tangible | 24 | | advantage over other progressive design-build entities in the | 25 | | preparation, evaluation, or performance of the progressive | 26 | | design-build contract or that create the appearance of |
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| 1 | | impropriety. No proposal shall be considered that does not | 2 | | include an entity's plan to comply with the requirements | 3 | | established in the Business Enterprise for Minorities, Women, | 4 | | and Persons with Disabilities Act, for both the design and | 5 | | construction areas of performance, and with Section 2-105 of | 6 | | the Illinois Human Rights Act. | 7 | | Upon completion of the qualifications evaluation, the | 8 | | State construction agency shall create a shortlist of the most | 9 | | highly qualified progressive design-build entities. The State | 10 | | construction agency, in its discretion, is not required to | 11 | | shortlist the maximum number of entities as identified for | 12 | | Phase II evaluation, provided however, no less than 2 | 13 | | progressive design-build entities nor more than 6 are selected | 14 | | to present to the selection committee in an interview. | 15 | | The State construction agency shall notify the entities | 16 | | selected for the shortlist in writing. This notification shall | 17 | | commence the period for the preparation for presentations and | 18 | | interviews. The State construction agency must allow | 19 | | sufficient time, no less than 28 calendar days, for the | 20 | | shortlist entities to prepare their presentations. | 21 | | (c) The State construction agency shall include in the | 22 | | project advertisement the evaluating factors to be used in the | 23 | | presentations and interviews. Each request for qualifications | 24 | | shall establish the relative importance assigned to each | 25 | | evaluation factor and subfactor, including any weighting of | 26 | | criteria to be employed by the State construction agency. The |
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| 1 | | State construction agency must maintain a record of the | 2 | | evaluation scoring to be disclosed in event of a protest | 3 | | regarding the solicitation. | 4 | | The State construction agency shall include the following | 5 | | criteria in every Phase II evaluation of progressive | 6 | | design-build entities: (1) experience with successful | 7 | | completion of similar projects; (2) the design team's approach | 8 | | to program analysis and schematic design; (3) record of budget | 9 | | adherence on recently completed projects; (4) demonstration of | 10 | | past innovation in meeting the scope and performance criteria | 11 | | on past design-build projects; (5) completeness of the overall | 12 | | project team; (6) collaborative experience of the team | 13 | | members; and (7) their plan for achieving project goals for | 14 | | participation. The State construction agency may include any | 15 | | additional relevant technical evaluation factors it deems | 16 | | necessary for proper selection. | 17 | | Upon completion of the evaluation, the State construction | 18 | | agency may award the progressive design-build contract to the | 19 | | highest overall ranked entity. After qualifications have been | 20 | | submitted, a progressive design-build entity shall not | 21 | | replace, remove, or otherwise modify any firm identified as a | 22 | | member of the proposer team unless authorized to do so by the | 23 | | State construction agency. | 24 | | Section 40. Submission of qualifications. Qualifications | 25 | | must be properly identified and sealed. Qualifications may not |
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| 1 | | be reviewed until after the deadline for submission has passed | 2 | | as set forth in the request for qualifications. All | 3 | | progressive design-build entities submitting qualifications | 4 | | shall be disclosed after the deadline for submission, and all | 5 | | progressive design-build entities who are shortlisted for | 6 | | interviews shall also be disclosed at the time of that | 7 | | determination. | 8 | | Qualifications shall include representative projects to | 9 | | demonstrate past experience of the team members on similar | 10 | | progressive design-build projects. Qualifications shall | 11 | | include a list of all design professionals and other entities | 12 | | as defined in Section 30-30 of the Illinois Procurement Code | 13 | | to which any work may be subcontracted during the performance | 14 | | of the contract. Any entity that will perform any of the 5 | 15 | | subdivisions of work defined in Section 30-30 of the Illinois | 16 | | Procurement Code must meet prequalification standards of the | 17 | | State construction agency. | 18 | | Qualifications must meet all material requirements of the | 19 | | request for qualifications, or they may be rejected as | 20 | | nonresponsive. The State construction agency shall have the | 21 | | right to reject any and all qualifications. | 22 | | The State construction agency shall review the | 23 | | qualifications for compliance with the performance criteria | 24 | | and evaluation factors. | 25 | | Qualifications may be withdrawn prior to evaluation for | 26 | | any cause. After evaluation begins by the State construction |
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| 1 | | agency, clear and convincing evidence of error is required for | 2 | | withdrawal. | 3 | | Section 45. Award. The State construction agency may | 4 | | award the contract to the highest overall ranked entity. | 5 | | Notice of award shall be made in writing. Unsuccessful | 6 | | entities shall also be notified in writing. The State | 7 | | construction agency may not request a best and final offer | 8 | | after the receipt of qualifications. The State construction | 9 | | agency may negotiate with the selected progressive | 10 | | design-build entity after award but prior to contract | 11 | | execution for the purpose of securing better terms than | 12 | | originally proposed, provided that the salient features of the | 13 | | request for qualifications are not diminished. | 14 | | Section 50. Labor. | 15 | | (a) A contract or agreement under this Act shall require | 16 | | the progressive design-build entity, or the construction | 17 | | manager or general contractor of the progressive design-build | 18 | | entity, and all subcontractors of the progressive design-build | 19 | | entity to comply with Section 30-22 of the Illinois | 20 | | Procurement Code as it applies to responsible bidders and to | 21 | | present satisfactory evidence of that compliance to the State | 22 | | construction agency. | 23 | | (b) A contract or agreement under this Act shall require | 24 | | the progressive design-build entity or the construction |
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| 1 | | manager or general contractor of the progressive design-build | 2 | | entity to enter into a project labor agreement used by the | 3 | | State construction agency. | 4 | | (c) This Section does not apply to construction-related | 5 | | professional services. As used in this Section, "professional | 6 | | services" means those services within the scope of the | 7 | | practice of architecture, professional engineering, structural | 8 | | engineering, or registered land surveying, as defined by the | 9 | | laws of this State. | 10 | | Section 55. Transition to design-bid-build. At the | 11 | | completion of design development, the progressive design-build | 12 | | entity must provide a firm fixed price. The State construction | 13 | | agency reserves the right to transition the project to the | 14 | | design-bid-build method if the fixed price exceeds the project | 15 | | budget, the progressive design-build entity's proposed | 16 | | schedule is unreasonable, or if transitioning to the | 17 | | design-bid-build method is in the best interests of the State. | 18 | | The State construction agency will retain ownership of any | 19 | | design documents completed by the progressive design-build | 20 | | entity. | 21 | | Section 60. Reports and evaluation. At the end of every 6 | 22 | | month period following the contract award, and again prior to | 23 | | final contract payout and closure, a selected progressive | 24 | | design-build entity shall detail, in a written report |
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| 1 | | submitted to the State agency, its efforts and success in | 2 | | implementing the entity's plan to comply with the utilization | 3 | | goals for business enterprises established in the Business | 4 | | Enterprise for Minorities, Women, and Persons with | 5 | | Disabilities Act and the provisions of Section 2-105 of the | 6 | | Illinois Human Rights Act. If the entity's performance in | 7 | | implementing the plan falls short of the performance measures | 8 | | and outcomes set forth in the plans submitted by the entity | 9 | | during the qualifications process, the entity shall, in a | 10 | | detailed written report, inform the General Assembly and the | 11 | | Governor whether and to what degree each progressive | 12 | | design-build contract authorized under this Act promoted the | 13 | | utilization goals for business enterprises established in the | 14 | | Business Enterprise for Minorities, Women, and Persons with | 15 | | Disabilities Act and the provisions of Section 2-105 of the | 16 | | Illinois Human Rights Act. | 17 | | Section 65. Federal requirements. In the procurement of | 18 | | progressive design-build contracts, the State construction | 19 | | agency shall comply with federal law and regulations and take | 20 | | all necessary steps to adapt their rules, policies, and | 21 | | procedures to remain eligible for federal aid. | 22 | | Section 70. Capital Development Board consultation. The | 23 | | Capital Development Board shall consult with the applicable | 24 | | chief procurement office to determine which procedures to |
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| 1 | | adopt and apply to the progressive design-build project | 2 | | delivery method in order to ensure an open, transparent, and | 3 | | efficient process that accomplishes the purposes of this Act. | 4 | | Section 75. Repeal. This Act is repealed on January 1, | 5 | | 2027 | | | . |
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