Bill Text: IL SB1609 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Design-Build Procurement Act. Eliminates the Act's July 1, 2009 repeal provision. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-06-26 - Public Act . . . . . . . . . 96-0018 [SB1609 Detail]
Download: Illinois-2009-SB1609-Engrossed.html
Bill Title: Amends the Design-Build Procurement Act. Eliminates the Act's July 1, 2009 repeal provision. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-06-26 - Public Act . . . . . . . . . 96-0018 [SB1609 Detail]
Download: Illinois-2009-SB1609-Engrossed.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Design-Build
Procurement Act is amended by | ||||||
5 | changing Section 30 as follows:
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6 | (30 ILCS 537/30) | ||||||
7 | (Section scheduled to be repealed on July 1, 2009)
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8 | Sec. 30. Procedures for Selection.
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9 | (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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13 | will
evaluate the technical and cost proposals.
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14 | (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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18 | 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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1 | 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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16 | 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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19 | 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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23 | 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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1 | 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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5 | 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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9 | 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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12 | proposals.
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13 | 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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20 | (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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24 | 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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1 | construction agency. The State construction agency must
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2 | maintain a record of the
evaluation scoring to be disclosed in | ||||||
3 | event of a protest regarding the
solicitation.
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4 | 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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8 | 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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13 | technical evaluation factors it deems necessary for proper | ||||||
14 | selection.
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15 | 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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19 | 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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22 | 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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26 | Upon completion of the technical submissions and cost |
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1 | submissions evaluation,
the State construction agency may | ||||||
2 | award the design-build contract to the
highest
overall ranked | ||||||
3 | entity.
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4 | (Source: P.A. 94-716, eff. 12-13-05.)
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5 | (30 ILCS 537/90 rep.) | ||||||
6 | Section 10. The Design-Build
Procurement Act is amended by | ||||||
7 | repealing Section 90.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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