101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1949

 

Introduced 2/15/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 537/5
30 ILCS 537/10
30 ILCS 537/25
30 ILCS 537/46
30 ILCS 537/90 rep.

    Amends the Design-Build Procurement Act. Provides that for purposes of the Act, "State construction agency" means a construction agency as defined under the Illinois Procurement Code (currently, "State construction agency" means the Capital Development Board). Changes references concerning the Capital Development Board to State construction agency for purposes of requirements under the Act. Modifies provisions concerning the selection committee to remove specified requirements for the committee. Provides for an annual report (currently, at the end of each 6-month period) following the awarding of a contract to selected design-build entities with specified contents. Repeals a Section concerning the repeal date of the Act. Makes conforming changes. Effective immediately.


LRB101 10751 RJF 55870 b

 

 

A BILL FOR

 

SB1949LRB101 10751 RJF 55870 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Design-Build Procurement Act is amended by
5changing Sections 5, 10, 25, and 46 as follows:
 
6    (30 ILCS 537/5)
7    (Section scheduled to be repealed on July 1, 2019)
8    Sec. 5. Legislative policy. It is the intent of the
9General Assembly that the design-build delivery method Capital
10Development Board be allowed for to use the design-build
11delivery method for public projects if it is shown to be in the
12State's best interest for that particular project. In the It
13shall be the policy of the Capital Development Board in the
14procurement of design-build services, to publicly announce all
15requirements for design-build services shall be publicly
16announced, and procurement of to procure these services shall
17be on the basis of demonstrated competence and qualifications
18and with due regard for the principles of competitive
19selection.
20    The State Construction agency Capital Development Board
21shall, prior to issuing requests for proposals, promulgate and
22publish procedures for the solicitation and award of contracts
23pursuant to this Act.

 

 

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1    The State Construction agency Capital Development Board
2shall, for each public project or projects permitted under this
3Act, make a written determination, including a description as
4to the particular advantages of the design-build procurement
5method, that it is in the best interests of this State to enter
6into a design-build contract for the project or projects. In
7making that determination, the following factors shall be
8considered:
9        (1) The probability that the design-build procurement
10    method will be in the best interests of the State by
11    providing a material savings of time or cost over the
12    design-bid-build or other delivery system.
13        (2) The type and size of the project and its
14    suitability to the design-build procurement method.
15        (3) The ability of the State construction agency to
16    define and provide comprehensive scope and performance
17    criteria for the project.
18    No State construction agency may use a design-build
19procurement method unless the agency determines in writing that
20the project will comply with the disadvantaged business and
21equal employment practices of the State as established in the
22Business Enterprise for Minorities, Women, and Persons with
23Disabilities Act and Section 2-105 of the Illinois Human Rights
24Act.
25    The State Construction agency Capital Development Board
26shall within 15 days after the initial determination provide an

 

 

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1advisory copy to the Procurement Policy Board and maintain the
2full record of determination for 5 years.
3(Source: P.A. 100-391, eff. 8-25-17.)
 
4    (30 ILCS 537/10)
5    (Section scheduled to be repealed on July 1, 2019)
6    Sec. 10. Definitions. As used in this Act:
7    "State construction agency" means the construction agency
8as defined in Section 1-15.25 of the Illinois Procurement Code
9Capital Development Board.
10    "Delivery system" means the design and construction
11approach used to develop and construct a project.
12    "Design-bid-build" means the traditional delivery system
13used on public projects in this State that incorporates the
14Architectural, Engineering, and Land Surveying Qualification
15Based Selection Act (30 ILCS 535/) and the principles of
16competitive selection in the Illinois Procurement Code (30 ILCS
17500/).
18    "Design-build" means a delivery system that provides
19responsibility within a single contract for the furnishing of
20architecture, engineering, land surveying and related services
21as required, and the labor, materials, equipment, and other
22construction services for the project.
23    "Design-build contract" means a contract for a public
24project under this Act between the State construction agency
25and a design-build entity to furnish architecture,

 

 

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1engineering, land surveying, and related services as required,
2and to furnish the labor, materials, equipment, and other
3construction services for the project. The design-build
4contract may be conditioned upon subsequent refinements in
5scope and price and may allow the State construction agency to
6make modifications in the project scope without invalidating
7the design-build contract.
8    "Design-build entity" means any individual, sole
9proprietorship, firm, partnership, joint venture, corporation,
10professional corporation, or other entity that proposes to
11design and construct any public project under this Act. A
12design-build entity and associated design-build professionals
13shall conduct themselves in accordance with the laws of this
14State and the related provisions of the Illinois Administrative
15Code, as referenced by the licensed design professionals Acts
16of this State.
17    "Design professional" means any individual, sole
18proprietorship, firm, partnership, joint venture, corporation,
19professional corporation, or other entity that offers services
20under the Illinois Architecture Practice Act of 1989 (225 ILCS
21305/), the Professional Engineering Practice Act of 1989 (225
22ILCS 325/), the Structural Engineering Licensing Act of 1989
23(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
24of 1989 (225 ILCS 330/).
25    "Evaluation criteria" means the requirements for the
26separate phases of the selection process as defined in this Act

 

 

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1and may include the specialized experience, technical
2qualifications and competence, capacity to perform, past
3performance, experience with similar projects, assignment of
4personnel to the project, and other appropriate factors. Price
5may not be used as a factor in the evaluation of Phase I
6proposals.
7    "Proposal" means the offer to enter into a design-build
8contract as submitted by a design-build entity in accordance
9with this Act.
10    "Request for proposal" means the document used by the State
11construction agency to solicit proposals for a design-build
12contract.
13    "Scope and performance criteria" means the requirements
14for the public project, including but not limited to, the
15intended usage, capacity, size, scope, quality and performance
16standards, life-cycle costs, and other programmatic criteria
17that are expressed in performance-oriented and quantifiable
18specifications and drawings that can be reasonably inferred and
19are suited to allow a design-build entity to develop a
20proposal.
21(Source: P.A. 94-716, eff. 12-13-05.)
 
22    (30 ILCS 537/25)
23    (Section scheduled to be repealed on July 1, 2019)
24    Sec. 25. Selection committee. (a) When the State
25construction agency elects to use the design-build delivery

 

 

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1method, it shall establish a committee to evaluate and select
2the design-build entity. The committee, under the discretion of
3the State construction agency, shall consist of at least 5 but
4no more than 7 members and shall include at least one licensed
5design professional and 2 members of the public. Public members
6may not be employed or associated with any firm holding a
7contract with the State construction agency. Within 30 days of
8receiving notice, one public member shall be nominated by
9associations representing the general design or construction
10industry and one member shall be nominated by associations that
11represent minority or female-owned design or construction
12industry businesses. If either group fails to nominate a
13suitable candidate within the 30-day period, the State
14construction agency shall nominate an appropriate public
15member.
16    (b) The members of the selection committee must certify for
17each request for proposal that no conflict of interest exists
18between the members and the design-build entities submitting
19proposals. If a conflict is discovered before proposals are
20reviewed, the member must be replaced before any review of
21proposals.
22    If a conflict is discovered after proposals are reviewed,
23the member with the conflict shall be removed and the committee
24may continue with only one public member.
25    If at least 5 members remain, the remaining committee
26members may complete the selection process.

 

 

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1(Source: P.A. 98-572, eff. 1-1-14.)
 
2    (30 ILCS 537/46)
3    (Section scheduled to be repealed on July 1, 2019)
4    Sec. 46. Reports and evaluation. Annually At the end of
5every 6 month period following the contract award, and again
6prior to final contract payout and closure, a selected
7design-build entity shall detail, in a written report submitted
8to the State agency, its efforts and success in implementing
9the entity's plan to comply with the utilization goals for
10business enterprises established in the Business Enterprise
11for Minorities, Women, and Persons with Disabilities Act and
12the provisions of Section 2-105 of the Illinois Human Rights
13Act. If the entity's performance in implementing the plan falls
14short of the performance measures and outcomes set forth in the
15plans submitted by the entity during the proposal process, the
16entity shall, in a detailed written report, inform the General
17Assembly and the Governor whether and to what degree each
18design-build contract authorized under this Act promoted the
19utilization goals for business enterprises established in the
20Business Enterprise for Minorities, Women, and Persons with
21Disabilities Act and the provisions of Section 2-105 of the
22Illinois Human Rights Act.
23(Source: P.A. 100-391, eff. 8-25-17.)
 
24    (30 ILCS 537/90 rep.)

 

 

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1    Section 10. The Design-Build Procurement Act is amended by
2repealing Section 90.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.