2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 537/ - Design-Build Procurement Act.

(30 ILCS 537/1)
(Section scheduled to be repealed on January 1, 2026)
Sec.  1. Short title.  This Act may be cited as the Design-Build
Procurement Act.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. Legislative policy.  It is the intent of the General Assembly
that
the State construction agency  be allowed to use the design-build delivery method
for public
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
procurement of
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
selection.
The State construction agency shall, prior to issuing requests for proposals,
promulgate
and publish procedures for the solicitation and award of contracts pursuant to
this Act.
The State construction agency shall, for each public project or projects
permitted under
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
be considered:
(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.)
(30 ILCS 537/10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10. Definitions.  As used in this Act:
"State construction agency" means the Capital Development Board or, in the case of a design-build procurement for a public institution of higher education, the public institution of higher education.
"Delivery system" means the design and construction approach used to develop
and construct a project.
"Design-bid-build" means the traditional delivery system used on public
projects in this State that incorporates the Architectural, Engineering, and
Land Surveying Qualification Based Selection Act (30 ILCS 535/) and the
principles of competitive selection in the Illinois Procurement Code (30 ILCS
500/).
"Design-build" means a delivery system that provides responsibility within a
single contract for the furnishing of architecture, engineering, land surveying
and related services as required, and the labor, materials, equipment, and
other construction services for the project.
"Design-build contract" means a contract for a public project under this Act
between the State construction agency and a design-build entity to furnish
architecture,
engineering, land surveying, and related services as required, and to furnish
the labor, materials, equipment, and other construction services for the
project. The design-build contract may be conditioned upon subsequent
refinements in scope and price and may allow the State construction agency to
make
modifications in the project scope without invalidating the design-build
contract.
"Design-build entity" means any individual, sole proprietorship, firm,
partnership, joint venture, corporation, professional corporation, or other
entity that proposes to design and construct any public project under this Act.

A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.
"Design professional" means any individual, sole proprietorship, firm,
partnership, joint venture, corporation, professional corporation, or other
entity that offers services under the Illinois Architecture Practice Act of
1989 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/),
the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act of 1989 (225 ILCS 330/).
"Evaluation criteria" means the requirements for the separate phases of the
selection process as defined in this Act and may include the specialized
experience, technical qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of personnel to the
project, and other appropriate factors. Price may not be used as a factor in
the evaluation of Phase I proposals.
"Proposal" means the offer to enter into a design-build contract as submitted
by a design-build entity in accordance with this Act.
"Public institution of higher education" has the meaning ascribed in subsection (f) of Section 1-13 of the Illinois Procurement Code.
"Request for proposal" means the document used by the State construction agency
to solicit
proposals for a design-build contract.
"Scope and performance criteria" means the requirements for the public
project, including but not limited to, the intended usage, capacity, size,
scope, quality and performance standards, life-cycle costs, and other
programmatic criteria that are expressed in performance-oriented and
quantifiable specifications and drawings that can be reasonably inferred and
are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-1119, eff. 1-23-23.)
(30 ILCS 537/15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Solicitation of proposals.
(a) When the State construction agency elects to use the design-build delivery
method, it must
issue a notice of intent to receive requests for proposals for the project at
least 14 days before issuing the request for the proposal. The State
construction agency
must publish the advance notice in the official procurement bulletin of the
State or the professional services bulletin of the State construction agency,
if any. The
agency is encouraged to use publication of the notice in related construction
industry service publications. A brief description of the proposed procurement
must be included in the notice. The State construction agency must provide a
copy of the
request for proposal to any party requesting a copy.
(b) The request for proposal shall be prepared for each project and must
contain, without limitation, the following information:
(1) The name of the State construction agency.
(2) A preliminary schedule for the completion of the     contract.
(3) The proposed budget for the project, the source     of funds, and the currently available funds at the time the request for proposal is submitted.
(4) Prequalification criteria for design-build     entities wishing to submit proposals. The State construction agency shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the State construction agency.
(5) Material requirements of the contract, including     but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and with Section 2-105 of the Illinois Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the     solicitation.
(8) The number of entities that will be considered     for the technical and cost evaluation phase.
(c) The State construction agency may include any other relevant information
that it
chooses to supply. The design-build entity shall be entitled to rely upon the
accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after
the date of the issuance of the request for proposal. In the event the cost of
the project
is estimated to exceed $10 million, then the proposal due date must be at least
28 calendar days after the date of the issuance of the request for proposal.
The State construction agency shall include in the request for proposal a
minimum of 30 days
to develop the Phase II submissions after the selection of entities
from the Phase I evaluation is completed.
(Source: P.A. 100-391, eff. 8-25-17.)
(30 ILCS 537/20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Development of scope and performance criteria.
(a) The State construction agency shall develop, with the assistance of a
licensed design professional, a request
for proposal, which shall include scope and performance criteria.
The scope and performance criteria must be in sufficient detail and contain
adequate information to reasonably apprise the qualified design-build entities
of the State construction agency's overall programmatic needs and goals,
including criteria and preliminary design plans,
general budget parameters, schedule, and delivery requirements.
(b) Each request for proposal shall also include a description of the level
of design to be provided in the proposals. This description must include the
scope and type of renderings, drawings, and specifications that, at a minimum,
will be required by the State construction agency to be produced by the
design-build entities.
(c) The scope and performance criteria shall be prepared by a design
professional who is an employee of the State construction agency, or the State
construction
agency may
contract with an independent design professional selected under the
Architectural, Engineering and Land Surveying Qualification Based Selection Act
(30 ILCS 535/) to provide these services.
(d) The design professional that prepares the scope and performance criteria
is prohibited from participating in any design-build entity proposal for the
project.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/25)
(Section scheduled to be repealed on January 1, 2026
Sec. 25. Selection committee.
(a) When the State construction agency elects to use the design-build
delivery method, it
shall establish a committee to evaluate and select the design-build entity. The
committee, under the discretion of the State construction agency, shall consist
of at least 5 but no more than 
7 members and shall include at least one licensed design professional and 2
members of the public. Public
members may not be employed or associated with any firm holding a contract with
the State construction agency. Within 30 days of receiving notice, one public member shall be nominated by associations representing the general design or construction industry and one  member shall be nominated by associations that represent minority or female-owned design or construction industry businesses. If either group fails to nominate a suitable candidate within the 30-day period, the State construction agency shall nominate an appropriate public member.
(b) The members of the selection committee must certify for each request for
proposal that no conflict of interest exists between the members and the
design-build entities submitting proposals. If a conflict is discovered before proposals are reviewed, the member
must
be replaced before any review of proposals.
If a conflict is discovered after proposals are reviewed, the member with the conflict shall be removed and the committee may continue with only one public member.
If at least 5 members remain, the remaining committee members may complete the selection process.
(Source: P.A. 98-572, eff. 1-1-14.)
(30 ILCS 537/30)
(Section scheduled to be repealed on January 1, 2026)
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, Women, 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, Women, 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. 100-391, eff. 8-25-17.)
(30 ILCS 537/35)
(Section scheduled to be repealed on January 1, 2026)
Sec. 35. Small projects.  In any case where the total overall cost of the
project is estimated to be less than $10 million, the State construction agency
may combine
the two-phase procedure for selection described in Section 30 into one combined
step, provided that all the requirements of evaluation are performed in
accordance with Section 30.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/40)
(Section scheduled to be repealed on January 1, 2026)
Sec. 40. Submission of proposals.  Proposals must be properly identified
and sealed. Proposals may not be reviewed until after the deadline for
submission has passed as set forth in the request for proposals. All
design-build entities submitting proposals shall be disclosed after the
deadline
for submission, and all design-build entities who are selected for Phase II
evaluation shall also be disclosed at the time of that determination.
Proposals shall include a bid bond in the form and security as designated in
the request for proposals. Proposals shall also contain a separate sealed
envelope with the cost information within the overall proposal submission.
Proposals shall include a list of all design professionals and other entities
as defined in Section 30-30 of the Illinois Procurement Code to which any work may be subcontracted during the performance of the contract. Any entity that will perform any of the 5 subdivisions of work defined in Section 30-30 of the Illinois Procurement Code must meet prequalification standards of the State construction agency.
Proposals must meet all material requirements of the request for proposal or
they may be rejected as non-responsive. The State construction agency shall
have the right
to reject any and all proposals.
The drawings and specifications of the proposal shall remain the property of
the design-build entity.
The State construction agency shall review the proposals for compliance with
the
performance criteria and evaluation factors.
Proposals may be withdrawn prior to evaluation for any cause. After
evaluation begins by the State construction agency, clear and convincing
evidence of error
is required for withdrawal.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/45)
(Section scheduled to be repealed on January 1, 2026)
Sec. 45. Award.  The State construction agency may award the contract to
the highest
overall ranked entity. Notice of award shall be made in writing. Unsuccessful
entities shall also be notified in writing. The State construction agency may
not request a
best and final offer after the receipt of proposals. The State construction
agency may
negotiate with the selected design-build entity after award but prior to
contract
execution for the purpose of securing better terms than originally proposed,
provided that the salient features of the request for proposal are not
diminished.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/46)
(Section scheduled to be repealed on January 1, 2026)
Sec. 46. Reports and evaluation. At the end of every 6 month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity shall detail, in a written report submitted to the State agency, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act. If the entity's performance in implementing the plan falls short of the performance measures and outcomes set forth in the plans submitted by the entity during the proposal process, the entity shall, in a detailed written report, inform the General Assembly and the Governor whether and to what degree each design-build contract authorized under this  Act promoted the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.
(Source: P.A. 100-391, eff. 8-25-17.)
(30 ILCS 537/50)
(Section scheduled to be repealed on January 1, 2026)
Sec. 50. Administrative Procedure Act.  The Illinois
Administrative Procedure Act (5 ILCS 100/) applies to all
administrative rules and procedures of the State construction agency under this
Act except that nothing herein shall be construed to render any prequalification or other responsibility criteria as a "license" or "licensing" under that Act.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/53)
(Section scheduled to be repealed on January 1, 2026)
Sec. 53. Federal requirements.   In the procurement of design-build
contracts, the State construction agency shall comply with federal law and
regulations and take all necessary steps to adapt their rules, policies, and
procedures to remain eligible for federal aid.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/90)
(Section scheduled to be repealed on January 1, 2026)
Sec. 90. Repealer. This Act is repealed on January 1, 2026.
(Source: P.A. 102-1016, eff. 5-27-22; 102-1119, eff. 1-23-23.)
(30 ILCS 537/95)
(Section scheduled to be repealed on January 1, 2026)
Sec. 95. Severability.  The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/99)
(Section scheduled to be repealed on January 1, 2026)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-716, eff. 12-13-05.)