Section 1000.100  Definitions

 

"A/E" means an architectural or engineering firm that is in the business of offering the practice of furnishing architectural or engineering services for building projects, that is registered with the Department of Professional Regulation and licensed to practice architecture, structural engineering or professional engineering in the State of Illinois, or that is properly authorized under the Professional Service Corporation Act and by the Department of Professional Regulation to practice architecture, structural engineering or professional engineering in the State of Illinois.  For purposes of this Part, this includes licensed individuals transacting business as sole proprietorships, which are not required to be registered with the Department of Professional Regulation.

 

"Board" means the seven member Board of the Capital Development Board.

 

"CDB" means Capital Development Board, the agency.

 

"Statement of Qualifications" means the information supplied by the A/Es that cites their specific experience and expertise that may qualify the A/E to provide the services requested.

 

"User agency" means the agency or unit of government for which the architectural/engineering firm is being selected.

 

Section 1000.110  Purpose

 

CDB shall procure architectural, engineering, and land surveying services in compliance with the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535].

 

Section 1000.120  Selection Procedures

 

CDB shall select three A/Es qualified to provide the professional services for a specific project.  These A/Es shall be ranked in order of qualifications. Board approval of these A/Es shall be final and binding.

 

In the event that fewer than three A/Es submit statements of qualifications for a specific project, if CDB determines that one or both are qualified to perform the services, CDB may proceed with the selection process.

 

Section 1000.130  Selection Committee

 

The selection committee chairman  shall appoint a committee to recommend to the Executive Director and the Board a list of A/Es qualified to perform the required  services.  This committee may be established for each selection and may be composed of standing members and rotating members from CDB staff.  In addition to the CDB staff members, a representative from the user agency may be requested to be a member of the committee.

 

Section 1000.140  Evaluation Procedures

 

a)         In making its recommendations, the selection committee may consider, among others:

 

1)         The A/E's qualifications.

 

2)         The ability of professional personnel submitted by the A/E.

 

3)         The A/E's past record and experience.

 

4)         The prior performance of the A/E on CDB professional services agreements.

 

5)         The willingness of the firm to meet time requirements.

 

6)         The location of the project relative to the firm's place of business.

 

7)         The results of preliminary evaluations performed by CDB staff.

 

8)         The current work load of the A/Es and their prior selections by CDB.

 

9)         References.

 

10)         Interviews conducted with the A/Es.

 

11)         Minority and/or female ownership of the A/E and the consultants.

 

b)          For each project with an estimated basic services fee of $75,000 or more, the CDB Fair Employment Practices department will set goals for minority and female owned business enterprises.  The goals for each project will be described in the CDB Professional Services Bulletin.  The goals will be based on the availability of minority and female owned business enterprises in the area capable of doing the work.  CDB may waive goals for a particular project if it determines that no minority and female owned business enterprises would be available to perform the type of work involved in the area of the project or if the work involved does not lend itself to the use of consultants.  No A/E that fails to meet the goal shall be considered unless it provides sufficient evidence to CDB within 7 days after submitting its proposal that, after making a good faith effort, it was unable to find sufficient minority or female owned business enterprises willing and able to perform the work.

 

c)          An A/E attempting to demonstrate that it made a good faith effort to meet minority and female business enterprise goals shall submit:

 

1)          All information indicating why the specified goal cannot be met;

 

2)          A list of all minority and female business enterprises that were contacted;

 

3)          Copies of all solicitation letters to minority and female business enterprises.  Letters shall contain, at a minimum:

 

A)        Project title and location;

 

B)        Classification of work items for which consultants are sought;

 

C)        Date, time and place responses are due;

 

D)        Returnable acknowledgement of the solicitation;

 

4)         Evidence, such as a log, of telephone contact, including time and date of call, telephone number, and name of person spoken to;

 

5)         Any other evidence of good faith effort or other relevant information in support of the request.

 

d)         In determining if a firm has submitted sufficient evidence that it made a good faith effort to find sufficient minority or female owned business enterprises willing and able to perform the work, CDB shall consider:

 

1)         The number of minority and female owned business enterprises contacted (including any log of communications provided to CDB);

 

2)         Whether the work to be allocated to minority and female owned business enterprises was selected in order to increase the likelihood of achieving the specified goal;

 

3)         Whether the firm negotiated in good faith with minority and female owned business enterprises without imposing conditions that are not imposed on other business enterprises or denying benefits that are offered to other business enterprises;

 

4)         Whether the firm engaged CDB's Fair Employment Practices Division to provide referrals. 

 

e)         In no case shall the committee, prior to selecting an A/E for negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

 

(Source:  Amended at 37 Ill. Reg. 7122, effective May 9, 2013)

 

Section 1000.150  Preliminary Evaluations

 

CDB may appoint staff members to perform a preliminary evaluation (prescreening) to provide a preliminary ranking of the A/Es for the committee's consideration.  This prescreening shall consider, among others, the relevant project experience of the prospective A/Es and the expertise and experience of the firm and its consultants' staff to be assigned to the project if the firm is selected.

 

Section 1000.160  Interviews

 

CDB requires the selection committee to conduct interviews when the estimated value of the basic services fee exceeds $300,000.  The Executive Director may choose to conduct interviews for smaller projects under special circumstances.  In all cases, a minimum of three firms will be interviewed.  The Executive Director in consultation with the Board may exempt any contract from requiring interviews.

 

(Source:  Amended at 24 Ill. Reg. 11618, effective July 24, 2000)

 

Section 1000.170  Delegation of Evaluations

 

CDB may delegate the evaluation of prospective A/Es to the user agency (school district, college, university, Illinois Community College Board or unit of local government).  The user agency shall be required to comply with the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535] or the Local Government Professional Services Selection Act [50 ILCS 510], as may be applicable.  Recommendations pursuant to 30 ILCS 535 for contracts of $25,000 or more shall state the three selected firms ranked in order of qualifications.  Recommendations pursuant to 50 ILCS 510 for contracts of $25,000 or more shall state the three selected firms ranked in order of qualifications unless the selection is stated to be an exception under 50 ILCS 510/5.  CDB or the user may request that a member of its staff be a voting or nonvoting member of the user agency's evaluation committee.   The user agency shall transmit its recommendations to CDB for review and approval of the Board.  CDB will provide a form for submitting the recommendations. Transmittal to CDB shall include a letter with a certification statement requiring an authorized signature verifying that the selections were made in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535] and the Local Government Professional Services Selection Act [50 ILCS 510].  CDB may request the user agency make other recommendations if the firm(s) recommended are not acceptable to CDB.

 

(Source:  Amended at 25 Ill. Reg. 11774, effective August 10, 2001)

 

Section 1000.180  Public Notice

 

a)         When the services of an A/E are required and the estimated value of the contract exceeds $25,000, CDB shall publish the list of projects requiring A/E services.  In addition, CDB may publish a list of projects whose contract values do not exceed $25,000.

 

b)         This public notice shall include an abstract of the services required for each project and the required expertise of the A/E to be considered.  This public notice shall also include the statement of qualifications form to be completed for each project as well as the date  and time by which submittal of the statement of qualifications will be accepted.

 

c)         Notice shall be posted on CDB's Internet Site (www.cdb.state.il.us) and may be published in the official State newspaper or otherwise made available in print.

 

(Source:  Amended at 26 Ill. Reg. 2610, effective February 8, 2002)

 

Section 1000.190  Submittal Requirements

 

a)         All A/Es submitting statements of qualifications for a specific project shall be prequalified with CDB prior to the date and time that the submittals are due.  Failure to be prequalified will result in rejection of the submittal(s).

 

b)         If the A/E will be subcontracting part of the services to consultants, those consultants that will be performing architectural, engineering or land surveying professional services shall also be prequalified with CDB prior to the date and time that the submittals are due.  Failure of the professional consultants to be prequalified shall result in rejection of the A/E's submittals.

 

c)         The A/E shall clearly indicate the anticipated percentage of the services that will be performed by each listed consultant.  Failure to list these percentages may result in rejection of the submittal.

 

d)         The submittal shall include the names of persons who will perform the services, including their project assignment or duties, as well as a resume of their experience and expertise that qualifies them to perform the assignment.  This includes the listed consultant's designated staff.

 

Section 1000.200  Small Projects

 

For contracts whose estimated value is less than $25,000, CDB may select any prequalified A/E in accordance with Section 45 of the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535].

 

(Source:  Amended at 24 Ill. Reg. 11618, effective July 24, 2000)

 

Section 1000.210  Emergency Projects

 

CDB may immediately select an A/E when it is in the best interest of the State or in emergencies to protect public health or safety in accordance with Section 50 of the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535/50].