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(30 ILCS 537/5)
(Section scheduled to be repealed on January 1, 2026)
It is the intent of the General Assembly
the State construction agency be allowed to use the design-build delivery method
projects if it is shown to be in the State's best interest for that particular
project. It shall be the policy of the State construction agency in the
design-build services to publicly announce all requirements for design-build
services and to procure these services on the basis of demonstrated competence
and qualifications and with due regard for the principles of competitive
The State construction agency shall, prior to issuing requests for proposals,
and publish procedures for the solicitation and award of contracts pursuant to
The State construction agency shall, for each public project or projects
this Act, make a written determination, including a description as to the
particular advantages of the design-build procurement method, that it is in the
best interests of this State to enter into a design-build contract for the
project or projects. In making that determination, the following factors shall
(1) The probability that the design-build procurement
method will be in the best interests of the State by providing a material savings of time or cost over the design-bid-build or other delivery system.
(2) The type and size of the project and its
suitability to the design-build procurement method.
(3) The ability of the State construction agency to
define and provide comprehensive scope and performance criteria for the project.
No State construction agency may use a design-build procurement method unless the agency determines in writing that the project will comply with the disadvantaged business and equal employment practices of the State as established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and Section 2-105 of the Illinois Human Rights Act.
The State construction agency shall within 15 days after the initial
determination provide an advisory copy to the Procurement Policy Board and
maintain the full record of determination for 5 years.
(Source: P.A. 102-1119, eff. 1-23-23.)