50 ILCS 20/20.5

    (50 ILCS 20/20.5)
    (Section scheduled to be repealed on July 1, 2025)
    Sec. 20.5. Procedures for design-build selection.

(a) The Commission must use a two-phase procedure for the
selection of the
successful design-build entity. Phase I of the procedure will evaluate and
shortlist the design-build entities based on qualifications, and Phase II
will
evaluate the technical and cost proposals.

(b) The Commission shall include in the request for proposal
the
evaluating factors to be used in Phase I. These factors are in addition to any
prequalification requirements of design-build entities that the Commission has set
forth. Each request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any weighting of
criteria to be employed by the Commission. The Commission must maintain a
record of the evaluation scoring to be disclosed in event of a protest
regarding the solicitation.

The Commission shall include the following criteria in every
Phase I
evaluation of design-build entities: (1) experience of personnel; (2)
successful
experience with similar project types; (3) financial capability; (4) timeliness
of past performance; (5) experience with similarly sized projects; (6)
successful reference checks of the firm;  (7) commitment to assign personnel
for the duration of the project and qualifications of the entity's consultants; and (8) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the Commission and in complying with Section 2-105 of the Illinois Human Rights Act.  The Commission may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.

The Commission may not consider any design-build entity for
evaluation or
award if the entity has any pecuniary interest in the project or has other
relationships or circumstances, including but not limited to, long-term
leasehold, mutual performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible advantage over
other design-build entities in the preparation, evaluation, or performance of
the
design-build contract or that create the appearance of impropriety. No design-build proposal shall be considered that does not include an entity's plan to comply with the requirements established in the minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the Commission and with Section 2-105 of the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the Commission shall
create a shortlist of the most highly qualified design-build entities. The
Commission, in its discretion, is not required to shortlist the
maximum number of
entities as identified for Phase II evaluation, provided however, no less than
2
design-build entities nor more than 6 are selected to submit Phase II
proposals.

The Commission shall notify the entities selected for the
shortlist in
writing. This notification shall commence the period for the preparation of the
Phase II technical and cost evaluations. The Commission must
allow sufficient
time for the shortlist entities to prepare their Phase II submittals
considering
the scope and detail requested by the Commission.

(c) The Commission shall include in the request for proposal
the
evaluating factors to be used in the technical and cost submission components
of Phase II.  Each request for proposal shall establish, for both the technical
and cost submission components of Phase II, the relative importance assigned to
each evaluation factor and subfactor, including any weighting of criteria to be
employed by the Commission. The Commission must
maintain a record of the
evaluation scoring to be disclosed in event of a protest regarding the
solicitation.

The Commission shall include the following criteria in every
Phase II
technical evaluation of design-build entities: (1) compliance with objectives
of
the
project; (2) compliance of proposed services to the request for proposal
requirements; (3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in meeting the scope and
performance criteria; and (7) constructability of the
proposed project. The Commission may include any additional
relevant
technical evaluation factors it deems necessary for proper selection.

The Commission shall include the following criteria in every
Phase II cost
evaluation: the guaranteed maximum project cost and the time of
completion. The Commission may include any additional relevant
technical
evaluation factors it deems necessary for proper selection. The guaranteed maximum project cost criteria weighing factor shall not exceed 30%.

The Commission shall directly employ or retain a licensed
design
professional to evaluate the technical and cost submissions to determine if the
technical submissions are in accordance with generally
accepted industry standards.

Upon completion of the technical submissions and cost submissions evaluation,
the Commission may award the design-build contract to the
highest
overall ranked entity.

(d) This Section is repealed on July 1, 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)