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| Public Act 096-0021 |
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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 | ||||
changing Sections 30 and 90 as follows: | ||||
(30 ILCS 537/30) | ||||
(Section scheduled to be repealed on July 1, 2009)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 | ||||
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
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will
evaluate the technical and cost proposals.
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(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
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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.
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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, | ||
Females, 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.
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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
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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
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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, Females, 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.
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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
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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
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proposals.
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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.
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(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
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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
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maintain a record of the
evaluation scoring to be disclosed in | ||
event of a protest regarding the
solicitation.
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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
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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
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technical evaluation factors it deems necessary for proper | ||
selection.
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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
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technical
evaluation factors it deems necessary for proper | ||
selection. The total project cost criteria weighing factor | ||
shall be 25%.
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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.
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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.
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(Source: P.A. 94-716, eff. 12-13-05.) | ||
(30 ILCS 537/90) | ||
(Section scheduled to be repealed on July 1, 2009)
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Sec. 90. Repealer. This Act is repealed on July 1, 2014 | ||
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 | ||
becoming law.
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