Public Act 103-0491
 
SB1570 EnrolledLRB103 05684 AWJ 50703 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Municipal Code is amended  by 
adding Division 39.2 to Article 11 as follows:
 
    (65 ILCS 5/Art. 11 Div. 39.2 heading)
DIVISION 39.2.  MUNICIPAL DESIGN-BUILD CONTRACTS  

 
    (65 ILCS 5/11-39.2-1 new)
    Sec. 11-39.2-1. Short title. This Division may be cited as 
the Municipal Design-Build Authorization Act.
 
    (65 ILCS 5/11-39.2-5 new)
    Sec. 11-39.2-5. Purpose. The purpose of this Division is 
to authorize municipalities to use design-build processes to 
increase the efficiency and effectiveness of delivering public 
projects.
 
    (65 ILCS 5/11-39.2-10 new)
    Sec. 11-39.2-10. Definitions. As used in this Division:
    "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 that incorporates the competitive 
bidding
process set forth in this Code. 
    "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 Division between a municipality and a 
design-build entity to furnish: architecture, engineering, 
land surveying, public art or interpretive exhibits, and 
related services, as required, and the labor, materials, 
equipment, and other construction services for the project. 
    "Design-build entity" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that proposes to 
design and construct any public project under this Division. 
    "Design professional" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that offers services 
under the Illinois Architecture Practice Act of 1989, the 
Professional Engineering Practice Act of 1989, the Structural

Engineering Practice Act of 1989, or the Illinois Professional 
Land Surveyor Act of 1989. 
    "Evaluation criteria" means the requirements for the 
separate phases of the selection process as defined in this 
Division 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. 
    "Proposal" means the offer to enter into a design-build 
contract as submitted by a design-build entity in accordance 
with this Division. 
    "Public art designer" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that has 
demonstrated experience with the design and fabrication of 
public art, including any media that has been planned and 
executed with the intention of being staged in the physical 
public domain outside and accessible to all or any art which is 
exhibited in a public space, including publicly accessible 
buildings, or interpretive exhibits, including communication 
media that is designed to engage, excite, inform, relate, or 
reveal the intrinsic nature or indispensable quality of a 
topic or story being presented. 
    "Request for proposal" means the document used by the 
municipality to solicit proposals for a design-build contract. 
    "Scope and performance criteria" means the requirements 
for the public project, such as 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. 
 
    (65 ILCS 5/11-39.2-15 new)
    Sec. 11-39.2-15. Solicitation of proposals.
    (a) A municipality may enter into design-build contracts. 
In addition to the requirements set forth in its local 
ordinances, when the municipality elects to use the 
design-build delivery method, it must issue a notice of intent 
to receive proposals for the project at least 14 days before 
issuing the request for the proposal. The municipality must 
publish the advance notice in the manner prescribed by 
ordinance, which must include posting the advance notice 
online on its website. The municipality may publish the notice 
in construction industry publications or post the notice on 
construction industry websites. A brief description of the 
proposed procurement must be included in the notice. The 
municipality must provide a copy of the request for proposal 
to any party requesting a copy.
    (b) The request for proposal must be prepared for each 
project and must contain, without limitation, the following 
information: 
        (1) The name of the municipality. 
        (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 municipality 
    must include, at a minimum, its normal qualifications, 
    licensing, registration, and other requirements; however, 
    nothing precludes the use of additional prequalification 
    criteria by the municipality. 
        (5) Material requirements of the contract, such as 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. Price may not be used as a factor in the 
    evaluation of Phase I proposals. 
        (8) The number of entities that will be considered for 
    the technical and cost evaluation phase. 
    (c) The municipality may include any other relevant 
information that it chooses to supply. The design-build entity 
may 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. If the cost of the project is estimated to exceed 
$12,000,000, then the proposal due date must be at least 28 
calendar days after the date of the issuance of the request for 
proposal. The municipality must 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. 
 
    (65 ILCS 5/11-39.2-20 new)
    Sec. 11-39.2-20. Development of scope and performance 
criteria.
    (a) The municipality must develop, with the assistance of 
a licensed design professional or public art designer, a 
request for proposal, which must 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 
municipality's overall programmatic needs and goals, including 
criteria and preliminary design plans, general budget 
parameters, schedule, and delivery
requirements.
    (b) Each request for proposal must 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 municipality to be produced by the 
design-build entities. 
    (c) The scope and performance criteria must be prepared by 
a design professional or public art designer who is an 
employee of the municipality, or the municipality may contract 
with an independent design professional or public art designer 
selected under the Local Government Professional Services 
Selection Act to provide these services. 
    (d) The design professional or public art designer that 
prepares the scope and performance criteria is prohibited from 
participating in any design-build entity proposal for the 
project. 
    (e) The design-build contract may be conditioned upon 
subsequent refinements in scope and price and may allow the 
municipality to make modifications in the project scope 
without invalidating the design-build contract. 
 
    (65 ILCS 5/11-39.2-25 new)
    Sec. 11-39.2-25. Procedures for Selection.
    (a) The municipality 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 municipality must 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 municipality has set forth. 
Each request for proposal must establish the relative 
importance assigned to each evaluation factor and subfactor, 
including any weighting of criteria to be employed by the 
municipality. The municipality must maintain a record of the 
evaluation scoring to be disclosed in event of a protest 
regarding the solicitation. 
    The municipality must include the following criteria in 
every Phase I evaluation of design-build entities: (i) 
experience of personnel; (ii) successful experience with 
similar project types; (iii) financial capability; (iv) 
timeliness of past performance; (v) experience with similarly 
sized projects; (vi) successful reference checks of the firm; 
(vii) commitment to assign personnel for the duration of the 
project and qualifications of the entity's consultants; and 
(viii) 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 
municipality may include any additional, relevant
criteria in 
Phase I that it deems necessary for a proper qualification 
review. 
    The municipality 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, such as long-term leasehold, mutual 
performance, or development contracts with the municipality, 
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 may 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 qualification evaluation, the 
municipality must create a shortlist of the most highly 
qualified design-build entities. The municipality, in its 
discretion, is not required to shortlist the maximum number of 
entities as identified for Phase II evaluation if no less than 
2 design-build entities nor more than 6 are selected to submit 
Phase II proposals. 
    The municipality must notify the entities selected for the 
shortlist in writing. This notification must commence the 
period for the preparation of the Phase II technical and cost 
evaluations. The municipality  must allow sufficient time for 
the shortlist entities to prepare their Phase II submittals 
considering the scope and detail requested by the 
municipality. 
    (c) The municipality must 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 must 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 municipality. 
The municipality must maintain a record of the evaluation 
scoring to be disclosed in event of a protest regarding the 
solicitation. 
    The municipality must include the following criteria in 
every Phase II technical evaluation of design-build entities: 
(i) compliance with objectives of the project; (ii) compliance 
of proposed services to the request for proposal requirements; 
(iii) quality of products or materials proposed; (iv) quality 
of design parameters; (v) design concepts; (vi) innovation in 
meeting the scope and performance criteria; and (vii) 
constructability of the proposed project. The municipality may 
include any additional relevant technical evaluation factors 
it deems necessary for proper selection. 
    The municipality must include the following criteria in 
every Phase II cost evaluation: the total project cost, the 
construction costs, and the time of completion. The 
municipality may include any additional relevant technical 
evaluation factors it deems necessary for proper selection. 
The total project cost criteria weighting factor may not 
exceed 30%. 
    The municipality must directly employ or retain a licensed 
design professional or a public art designer 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 municipality may award the 
design-build contract to the highest overall ranked entity. 
 
    (65 ILCS 5/11-39.2-30 new)
    Sec. 11-39.2-30. Small projects. In any case where the 
total overall cost of the project is estimated to be less than 
$12,000,000, the municipality may combine the two-phase 
procedure for selection described in Section 11-39.2-25 into 
one combined step if all the requirements of evaluation are 
performed in accordance with Section 11-39.2-25.
 
    (65 ILCS 5/11-39.2-35 new)
    Sec. 11-39.2-35. 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.
    Proposals must include a bid bond in the form and security 
as designated in the request for proposals. Proposals must 
also contain a separate sealed envelope with the cost 
information within the overall proposal submission. Proposals 
must include a list of all design professionals, public art

designers, and other entities to which any work may be 
subcontracted during the performance of the contract. 
    Proposals must meet all material requirements of the 
request for proposal or they may be rejected as nonresponsive. 
The municipality may reject any and all proposals. 
    The drawings and specifications of the proposal may remain 
the property of the design-build entity. 
    The municipality must 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 municipality, clear and 
convincing evidence of error is required for withdrawal. 
    After a response to a request for qualifications or a 
request for proposal has been submitted as provided in this 
Section, a design-build entity may not replace, remove, or 
otherwise modify any firm identified as a member of the 
proposer's team unless authorized to do so by the 
municipality. 
 
    (65 ILCS 5/11-39.2-40 new)
    Sec. 11-39.2-40. Award; performance. The municipality may 
award the contract to the highest overall ranked design-build 
entity. Notice of award must be made in writing. Unsuccessful 
design-build entities must also be notified in writing. The 
municipality may not request a best and final offer after the 
receipt of proposals of all qualified design-build entities. 
The municipality 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 if 
the salient features of the request for proposal are not 
diminished.
    A design-build entity and associated design professionals 
must
conduct themselves in accordance with the relevant laws 
of this State and the related provisions of the Illinois 
Administrative Code. 
 
    (65 ILCS 5/11-39.2-45 new)
    Sec. 11-39.2-45. 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 must detail, in a written report submitted 
to the municipality, 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.
 
    (65 ILCS 5/11-39.2-50 new)
    Sec. 11-39.2-50. Exception. Nothing in this Division 
prevents a municipality from using a qualification-based 
selection process for design professionals or construction 
managers for design-build projects.
 
    (65 ILCS 5/11-39.2-55 new)
    Sec. 11-39.2-55. Severability. The provisions of this 
Division are severable under Section 1.31 of the Statute on 
Statutes.
  
 
    Section 10. The School Code is amended  by adding Article 
15A as follows:
 
    (105 ILCS 5/Art. 15A heading new)
ARTICLE 15A.  SCHOOL DESIGN-BUILD CONTRACTS

 
    (105 ILCS 5/15A-1 new)
    Sec. 15A-1. Short title. This Article may be cited as the 
School Design-Build Authorization Law.
 
    (105 ILCS 5/15A-5 new)
    Sec. 15A-5. Purpose. The purpose of this Article is to 
authorize school districts to use design-build processes to 
increase the efficiency and effectiveness of delivering public 
projects.
 
    (105 ILCS 5/15A-10 new)
    Sec. 15A-10. Definitions. As used in this Article:
    "Delivery system" means the design and construction 
approach used to develop and construct a project. 
    "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 Article between a school district and a 
design-build entity to furnish: architecture, engineering, 
land surveying, public art or interpretive exhibits, and 
related services, as required, and the labor, materials, 
equipment, and other construction services for the project. 
    "Design-build entity" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that proposes to 
design and construct any public project under this Article. 
    "Design professional" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that offers services 
under the Illinois Architecture Practice Act of 1989, the 
Professional Engineering Practice Act of 1989, the Structural

Engineering Practice Act of 1989, or the Illinois Professional 
Land Surveyor Act of 1989. 
    "Evaluation criteria" means the requirements for the 
separate phases of the selection process as set forth in this 
Article 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. 
    "Proposal" means the offer to enter into a design-build 
contract as submitted by a design-build entity in accordance 
with this Article. 
    "Public art designer" means an individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that has 
demonstrated experience with the design and fabrication of 
public art, including any media that has been planned and 
executed with the intention of being staged in the physical 
public domain outside and accessible to all or any art that is 
exhibited in a public space, including publicly accessible 
buildings, or interpretive exhibits, including communication 
media that is designed to engage, excite, inform, relate, or 
reveal the intrinsic nature or indispensable quality of a 
topic or story being presented. 
    "Request for proposal" means the document used by the 
school district to solicit proposals for a design-build 
contract. 
    "Scope and performance criteria" means the requirements 
for the public project, such as 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. 
 
    (105 ILCS 5/15A-15 new)
    Sec. 15A-15. Solicitation of proposals.
    (a) A school district may enter into design-build 
contracts. In addition to the requirements set forth by the 
school board, if the school district elects to use the 
design-build delivery method, it must issue a notice of intent 
to receive proposals for the project at least 14 days before 
issuing the request for the proposal. The school district must 
publish the advance notice in the manner prescribed by the 
school board, which must include posting the advance notice 
online on its website. The school district may publish the 
notice in construction industry publications or post the 
notice on construction industry websites. A brief description 
of the proposed procurement must be included in the notice. 
The school district must provide a copy of the request for 
proposal to any party requesting a copy.
    (b) The request for proposal must be prepared for each 
project and must contain, without limitation, the following 
information: 
        (1) The name of the school district. 
        (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 school district 
    must include, at a minimum, its normal qualifications, 
    licensing, registration, and other requirements; however, 
    nothing precludes the use of additional prequalification 
    criteria by the school district. 
        (5) Material requirements of the contract, such as 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. Price may not be used as a factor in the 
    evaluation of Phase I proposals. 
        (8) The number of entities that will be considered for 
    the technical and cost evaluation phase. 
    (c) The school district may include any other relevant 
information that it chooses to supply. The design-build entity 
may 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. If the cost of the project is estimated to exceed 
$12,000,000, then the proposal due date must be at least 28 
calendar days after the date of the issuance of the request for 
proposal. The school district must 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. 
 
    (105 ILCS 5/15A-20 new)
    Sec. 15A-20. Development of scope and performance 
criteria.
    (a) The school district must develop, with the assistance 
of a licensed design professional or public art designer, a 
request for proposal, which must 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 
school district's overall programmatic needs and goals, 
including criteria, general budget parameters, schedule, and 
delivery
requirements.
    (b) Each request for proposal must 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 school district to be produced by the 
design-build entities. 
    (c) The scope and performance criteria must be prepared by 
a design professional or public art designer who is an 
employee of the school district, or the school district may 
contract with an independent design professional or public art 
designer selected under the Local Government Professional 
Services Selection Act to provide these services. 
    (d) The design professional or public art designer that 
prepares the scope and performance criteria is prohibited from 
participating in any design-build entity proposal for the 
project. 
    (e) The design-build contract may be conditioned upon 
subsequent refinements in scope and price and may allow the 
school district to make modifications in the project scope 
without invalidating the design-build contract. 
 
    (105 ILCS 5/15A-25 new)
    Sec. 15A-25. Procedures for selection.
    (a) The school district must use a 2-phase procedure for 
the selection of the successful design-build entity. Phase I 
of the procedure must evaluate and shortlist the design-build 
entities based on qualifications, and Phase II must evaluate 
the technical and cost proposals.
    (b) The school district must 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 school district has set 
forth. Each request for proposal must establish the relative 
importance assigned to each evaluation factor and subfactor, 
including any weighting of criteria to be employed by the 
school district. The school district must maintain a record of 
the evaluation scoring to be disclosed in event of a protest 
regarding the solicitation. 
    The school district must 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 school district may include any additional, relevant

criteria in Phase I that it deems necessary for a proper 
qualification review. 
    The school district may not consider a design-build entity 
for evaluation or an award if the entity has any pecuniary 
interest in the project or has other relationships or 
circumstances, such as long-term leasehold, mutual 
performance, or development contracts with the school 
district, 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. A 
design-build entity shall not be disqualified under this 
Section solely due to having previously been awarded a project 
or projects under any applicable public procurement law of the 
State. No proposal may 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 qualification evaluation, the 
school district must create a shortlist of the most highly 
qualified design-build entities. The school district, in its 
discretion, is not required to shortlist the maximum number of 
entities as identified for Phase II evaluation if no less than 
2 design-build entities nor more than 6 are selected to submit 
Phase II proposals. If a school district receives one response 
to Phase I, nothing herein shall prohibit the school district 
from proceeding with a Phase II evaluation of the single 
respondent, if the school district, in its discretion, finds 
proceeding to be in its best interest. 
    The school district must notify the entities selected for 
the shortlist in writing. This notification must commence the 
period for the preparation of the Phase II technical and cost 
evaluations. The school district  must allow sufficient time 
for the shortlist entities to prepare their Phase II 
submittals considering the scope and detail requested by the 
school district. 
    (c) The school district must 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 must 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 school 
district. The school district must maintain a record of the 
evaluation scoring to be disclosed in event of a protest 
regarding the solicitation. 
    The school district must 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 school district may include any additional relevant 
technical evaluation factors it deems necessary for proper 
selection. 
    The school district must include the following criteria in 
every Phase II cost evaluation: the total project cost, the 
construction costs, and the time of completion. The school 
district may include any additional relevant technical 
evaluation factors it deems necessary for proper selection. 
The total project cost criteria weighting factor may not 
exceed 30%. 
    The school district must directly employ or retain a 
licensed design professional or a public art designer 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 school 
district may award the design-build contract to the highest 
overall ranked entity. 
 
    (105 ILCS 5/15A-30 new)
    Sec. 15A-30. Small projects. In any case in which the 
total overall cost of the project is estimated to be 
$12,000,000 or less, the school district may combine the 
2-phase procedure for selection described in Section 15A-25 
into one combined step if all the requirements of evaluation 
are performed in accordance with Section 15A-25.
 
    (105 ILCS 5/15A-35 new)
    Sec. 15A-35. 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 proposal.
    Proposals must include a bid bond in the form and security 
as designated in the request for proposal. Proposals must also 
contain a separate sealed envelope with the cost information 
within the overall proposal submission. Proposals must include 
a list of all design professionals, public art
designers, and 
other entities to which any work may be subcontracted during 
the performance of the contract. 
    Proposals must meet all material requirements of the 
request for proposal, or they may be rejected as 
nonresponsive. The school district may reject any and all 
proposals. 
    The drawings and specifications of the proposal may remain 
the property of the design-build entity. 
    The school district must 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 school district, clear 
and convincing evidence of error is required for withdrawal. 
    After a response to a request for qualifications or a 
request for proposal has been submitted under this Section, a 
design-build entity may not replace, remove, or otherwise 
modify any firm identified as a member of the proposer's team 
unless authorized to do so by the school district. 
 
    (105 ILCS 5/15A-40 new)
    Sec. 15A-40. Award; performance. The school district may 
award the contract to the highest overall ranked design-build 
entity. Notice of award must be made in writing. Unsuccessful 
design-build entities must also be notified in writing. The 
school district may not request a best and final offer after 
the receipt of proposals of all qualified design-build 
entities. The school district may negotiate with the selected 
design-build entity after the award, but prior to contract 
execution, for the purpose of securing better terms than 
originally proposed if the salient features of the request for 
proposal are not diminished.
    A design-build entity and associated design professionals 
must
conduct themselves in accordance with the relevant laws 
of this State and the related provisions of the Illinois 
Administrative Code. 
 
    (105 ILCS 5/15A-45 new)
    Sec. 15A-45. Evaluation and report. 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 must detail, in a written report submitted to the 
school district, 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.
 
    (105 ILCS 5/15A-50 new)
    Sec. 15A-50. Exception. Nothing in this Article prevents a 
school district from using a qualification-based selection 
process for design professionals or construction managers for 
design-build projects.
 
    (105 ILCS 5/15A-90 new)
    Sec. 15A-90. Severability. The provisions of this Article 
are severable under Section 1.31 of the Statute on Statutes.