Section 8.3045  Written Determination

a)         Before electing to use DB on a given project, CDB shall make a written determination, including a description as to the particular advantages of the DB procurement method for that project.  The written determination shall be reviewed and approved by the CPO as to the adequacy of information in subsections (a)(1) through (5), but CDB shall determine whether the DB concept is to be pursued. Approval by the CPO will not be unreasonably withheld.  The following factors shall be considered and addressed in that statement:

1)         The probability that the DB procurement method will be in the best interest of the State by providing a material savings of time or cost over the design-bid-build or other delivery system. The best interest of the State justification will show the specific benefits of using the DB method, including documentation of the estimates or scheduling impacts.

2)         The type and size of the project and its suitability to the DB procurement method.

3)         The ability of CDB to define and provide comprehensive scope and performance criteria for the project.

4)         The project will comply with the disadvantaged business and equal employment practices of the State, as established in the BEMFD, Section 45-57 of the Code and Section 2-105 of the Illinois Human Rights Act.

5)         Within 15 days after the initial determination, CDB will provide an advisory copy of the written determination to PPB, and shall maintain the full record of determination for 5 years.

b)         Before electing to use CM on a given project, CDB shall make a written determination, including a description as to the particular advantages of the CM procurement method for that project.  The written determination shall be reviewed and approved by the CPO as to the adequacy of information in subsections (a)(1) through (5) and in the written determination. Approval by the CPO will not be unreasonably withheld.