Full Text of HB0372 96th General Assembly
HB0372enr 96TH GENERAL ASSEMBLY
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HB0372 Enrolled |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Design-Build
Procurement Act is amended by | 5 |
| changing Sections 30 and 90 as follows: | 6 |
| (30 ILCS 537/30) | 7 |
| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 30. Procedures for Selection.
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| (a) The State construction agency must use a two-phase | 10 |
| procedure for the
selection of the
successful design-build | 11 |
| entity. Phase I of the procedure will evaluate and
shortlist | 12 |
| the design-build entities based on qualifications, and Phase II
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| will
evaluate the technical and cost proposals.
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| (b) The State construction agency shall include in the | 15 |
| request for proposal
the
evaluating factors to be used in Phase | 16 |
| I. These factors are in addition to any
prequalification | 17 |
| requirements of design-build entities that the agency has set
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| forth. Each request for proposal shall establish the relative | 19 |
| importance
assigned to each evaluation factor and subfactor, | 20 |
| including any weighting of
criteria to be employed by the State | 21 |
| construction agency. The State
construction agency must | 22 |
| maintain a
record of the evaluation scoring to be disclosed in | 23 |
| event of a protest
regarding the solicitation.
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HB0372 Enrolled |
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| The State construction agency shall include the following | 2 |
| criteria in every
Phase I
evaluation of design-build entities: | 3 |
| (1) experience of personnel; (2)
successful
experience with | 4 |
| similar project types; (3) financial capability; (4) | 5 |
| timeliness
of past performance; (5) experience with similarly | 6 |
| sized projects; (6)
successful reference checks of the firm; | 7 |
| (7) commitment to assign personnel
for the duration of the | 8 |
| project and qualifications of the entity's consultants; and (8) | 9 |
| ability or past performance in meeting or exhausting good faith | 10 |
| efforts to meet the utilization goals for business enterprises | 11 |
| established in the Business Enterprise for Minorities, | 12 |
| Females, and Persons with Disabilities Act and with Section | 13 |
| 2-105 of the Illinois Human Rights Act.
The State construction | 14 |
| agency may include any additional relevant criteria in
Phase I | 15 |
| that
it deems necessary for a proper qualification review.
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| The State construction agency may not consider any | 17 |
| design-build entity for
evaluation or
award if the entity has | 18 |
| any pecuniary interest in the project or has other
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| relationships or circumstances, including but not limited to, | 20 |
| long-term
leasehold, mutual performance, or development | 21 |
| contracts with the State
construction agency,
that may give the | 22 |
| design-build entity a financial or tangible advantage over
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| other design-build entities in the preparation, evaluation, or | 24 |
| performance of
the
design-build contract or that create the | 25 |
| appearance of impropriety.
No proposal shall be considered that | 26 |
| does not include an entity's plan to comply with the |
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HB0372 Enrolled |
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LRB096 04520 JAM 14574 b |
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| requirements established in the Business Enterprise for | 2 |
| Minorities, Females, and Persons with Disabilities Act , for | 3 |
| both the design and construction areas of performance, and with | 4 |
| Section 2-105 of the Illinois Human Rights Act.
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| Upon completion of the qualifications evaluation, the | 6 |
| State construction
agency shall
create a shortlist of the most | 7 |
| highly qualified design-build entities. The
State
construction | 8 |
| agency, in its discretion, is not required to shortlist the
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| maximum number of
entities as identified for Phase II | 10 |
| evaluation, provided however, no less than
2
design-build | 11 |
| entities nor more than 6 are selected to submit Phase II
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| proposals.
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| The State construction agency shall notify the entities | 14 |
| selected for the
shortlist in
writing. This notification shall | 15 |
| commence the period for the preparation of the
Phase II | 16 |
| technical and cost evaluations. The State construction agency | 17 |
| must
allow sufficient
time for the shortlist entities to | 18 |
| prepare their Phase II submittals
considering
the scope and | 19 |
| detail requested by the State agency.
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| (c) The State construction agency shall include in the | 21 |
| request for proposal
the
evaluating factors to be used in the | 22 |
| technical and cost submission components
of Phase II. Each | 23 |
| request for proposal shall establish, for both the technical
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| and cost submission components of Phase II, the relative | 25 |
| importance assigned to
each evaluation factor and subfactor, | 26 |
| including any weighting of criteria to be
employed by the State |
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HB0372 Enrolled |
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LRB096 04520 JAM 14574 b |
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| construction agency. The State construction agency must
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| maintain a record of the
evaluation scoring to be disclosed in | 3 |
| event of a protest regarding the
solicitation.
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| The State construction agency shall include the following | 5 |
| criteria in every
Phase II
technical evaluation of design-build | 6 |
| entities: (1) compliance with objectives
of
the
project; (2) | 7 |
| compliance of proposed services to the request for proposal
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| requirements; (3) quality of products or materials proposed; | 9 |
| (4) quality of
design parameters; (5) design concepts; (6) | 10 |
| innovation in meeting the scope and
performance criteria; and | 11 |
| (7) constructability of the
proposed project. The State | 12 |
| construction agency may include any additional
relevant
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| technical evaluation factors it deems necessary for proper | 14 |
| selection.
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| The State construction agency shall include the following | 16 |
| criteria in every
Phase II cost
evaluation: the total project | 17 |
| cost, the construction costs, and the time of
completion. The | 18 |
| State construction agency may include any additional relevant
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| technical
evaluation factors it deems necessary for proper | 20 |
| selection. The total project cost criteria weighing factor | 21 |
| shall be 25%.
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| The State construction agency shall directly employ or | 23 |
| retain a licensed
design
professional to evaluate the technical | 24 |
| and cost submissions to determine if the
technical submissions | 25 |
| are in accordance with generally
accepted industry standards.
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| Upon completion of the technical submissions and cost |
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HB0372 Enrolled |
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| submissions evaluation,
the State construction agency may | 2 |
| award the design-build contract to the
highest
overall ranked | 3 |
| entity.
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| (Source: P.A. 94-716, eff. 12-13-05.) | 5 |
| (30 ILCS 537/90) | 6 |
| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 90. Repealer. This Act is repealed on July 1, 2014 | 8 |
| 2009 .
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| (Source: P.A. 94-716, eff. 12-13-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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