Illinois General Assembly - Full Text of Public Act 096-0021
Illinois General Assembly

Previous General Assemblies

Public Act 096-0021


 

Public Act 0021 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0021
 
HB0372 Enrolled LRB096 04520 JAM 14574 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Design-Build Procurement Act is amended by
changing Sections 30 and 90 as follows:
 
    (30 ILCS 537/30)
    (Section scheduled to be repealed on July 1, 2009)
    Sec. 30. Procedures for Selection.
    (a) The State construction agency 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 State construction agency 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 agency 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 State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
event of a protest regarding the solicitation.
    The State construction agency 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 business enterprises
established in the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act and with Section
2-105 of the Illinois Human Rights Act. The State construction
agency may include any additional relevant criteria in Phase I
that it deems necessary for a proper qualification review.
    The State construction agency 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 State construction agency, 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 proposal shall be considered that
does not include an entity's plan to comply with the
requirements established in the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act, for
both the design and construction areas of performance, and with
Section 2-105 of the Illinois Human Rights Act.
    Upon completion of the qualifications evaluation, the
State construction agency shall create a shortlist of the most
highly qualified design-build entities. The State construction
agency, 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 State construction agency 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 State construction agency
must allow sufficient time for the shortlist entities to
prepare their Phase II submittals considering the scope and
detail requested by the State agency.
    (c) The State construction agency 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 State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
event of a protest regarding the solicitation.
    The State construction agency 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 State
construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
    The State construction agency shall include the following
criteria in every Phase II cost evaluation: the total project
cost, the construction costs, and the time of completion. The
State construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection. The total project cost criteria weighing factor
shall be 25%.
    The State construction agency 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 State construction agency may
award the design-build contract to the highest overall ranked
entity.
(Source: P.A. 94-716, eff. 12-13-05.)
 
    (30 ILCS 537/90)
    (Section scheduled to be repealed on July 1, 2009)
    Sec. 90. Repealer. This Act is repealed on July 1, 2014
2009.
(Source: P.A. 94-716, eff. 12-13-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2009