Bill Text: IL SB3772 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Progressive Design-Build Pilot Program Act. Provides that the Capital Development Board may elect to use the progressive design-build delivery method. Provides that "progressive design-build delivery method" means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3772 Detail]

Download: Illinois-2023-SB3772-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3772 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
New Act
Creates the Progressive Design-Build Pilot Program Act. Provides that the Capital Development Board may elect to use the progressive design-build delivery method. Provides that "progressive design-build delivery method" means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements.
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A BILL FOR
SB3772 LRB103 39470 HLH 69664 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Progressive Design-Build Pilot Program Act.
Section 5. Legislative policy. It is the intent of the
General Assembly that the State construction agency shall
establish a Progressive Design-Build Pilot Program to use the
progressive design-build delivery method for up to 3 public
projects commencing prior to January 1, 2027 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 progressive design-build services to publicly
announce all requirements for progressive 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 qualifications, 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

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advantages of the progressive design-build procurement method,
that it is in the best interests of this State to enter into a
progressive design-build contract for the project or projects.
In making that determination, the following factors shall be
considered:
(1) The probability that the progressive 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 progressive 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 the progressive
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.

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Section 10. Definitions. As used in this Act:
"Chief procurement office" means the offices to which the
chief procurement officers are appointed pursuant to Section
10-20 of the Illinois Procurement Code.
"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 and the principles of competitive
selection in the Illinois Procurement Code.
"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, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Licensing Act of 1989, or the Illinois
Professional Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for 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 progressive design-build.

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"Progressive design-build" means a project delivery
process in which both the design and construction of a project
are procured from a single entity that is selected through a
qualifications-based selection at the earliest feasible stage
of the project.
"Progressive design-build contract" means a contract for a
public project under this Act between the State construction
agency and a progressive 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. A
progressive 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 progressive design-build
contract.
"Progressive 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 progressive design-build entity and associated
progressive 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.

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"Qualification" means a statement of qualifications
submitted by a proposer in response to a request for
qualifications.
"Request for qualifications" means a document issued by
the State construction agency to solicit qualifications from
proposers in accordance with the progressive design-build
project delivery method.
"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, and other programmatic criteria that are expressed
in performance-oriented requirements that can be reasonably
inferred and are suited to allow a progressive design-build
entity to develop a proposal.
"State construction agency" means the Capital Development
Board.
Section 15. Solicitation of qualifications.
(a) When the State construction agency elects to use the
progressive design-build delivery method, it must issue a
notice of intent to receive requests for qualifications for
the project at least 14 days before issuing the request for
qualifications. 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

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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
qualifications to any party requesting a copy.
(b) The request for qualifications 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 qualifications is submitted.
(4) Prequalification criteria for progressive
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

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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 the solicitation.
(c) The State construction agency may include any other
relevant information that it chooses to supply. The
progressive design-build entity shall be entitled to rely upon
the accuracy of this documentation in the development of its
qualifications.
(d) The date that qualifications are due must be at least
21 calendar days after the date of the issuance of the request
for qualifications. In the event the cost of the project is
estimated to exceed $10,000,000, then the qualifications due
date must be at least 28 calendar days after the date of the
issuance of the request for qualifications.
Section 20. Development of scope and performance criteria.
The State construction agency shall develop a request for
qualifications, which shall include preliminary scopes,
descriptions of the areas of technical expertise needed, and
requirements for experience. The request must be in sufficient
detail and contain adequate information to reasonably apprise
the qualified progressive design-build entities of the State
construction agency's overall programmatic needs and goals,
including criteria, general budget parameters, schedule, and

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delivery requirements.
Section 25. Selection committee.
(a) When the State construction agency elects to use the
progressive design-build delivery method, it shall establish a
committee to evaluate and select the progressive 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 woman-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 qualifications that no conflict of
interest exists between the members and the progressive
design-build entities submitting qualifications.
If a conflict is discovered before qualifications are
reviewed, the member must be replaced before any review of

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qualifications. If a conflict is discovered after
qualifications 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.
Section 30. Procedures for selection.
(a) The State construction agency must use a 2-phase
procedure for the selection of the successful progressive
design-build entity. Phase I of the procedure will evaluate
and shortlist for interviews the progressive design-build
entities based on qualifications, and Phase II will evaluate
shortlisted teams based on scoring of specific criteria
addressed in their presentations and interviews.
(b) The State construction agency shall include in the
request for qualifications the evaluating factors to be used
in Phase I. These factors are in addition to any
prequalification requirements of progressive design-build
entities that the agency has set forth. Each request for
qualifications 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 progressive
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
progressive 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 progressive design-build entity a financial or tangible
advantage over other progressive design-build entities in the
preparation, evaluation, or performance of the progressive
design-build contract or that create the appearance of

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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 progressive 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
progressive design-build entities nor more than 6 are selected
to present to the selection committee in an interview.
The State construction agency shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation for presentations and
interviews. The State construction agency must allow
sufficient time, no less than 28 calendar days, for the
shortlist entities to prepare their presentations.
(c) The State construction agency shall include in the
project advertisement the evaluating factors to be used in the
presentations and interviews. Each request for qualifications
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

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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 evaluation of progressive
design-build entities: (1) experience with successful
completion of similar projects; (2) the design team's approach
to program analysis and schematic design; (3) record of budget
adherence on recently completed projects; (4) demonstration of
past innovation in meeting the scope and performance criteria
on past design-build projects; (5) completeness of the overall
project team; (6) collaborative experience of the team
members; and (7) their plan for achieving project goals for
participation. The State construction agency may include any
additional relevant technical evaluation factors it deems
necessary for proper selection.
Upon completion of the evaluation, the State construction
agency may award the progressive design-build contract to the
highest overall ranked entity. After qualifications have been
submitted, a progressive design-build entity shall not
replace, remove, or otherwise modify any firm identified as a
member of the proposer team unless authorized to do so by the
State construction agency.
Section 40. Submission of qualifications. Qualifications
must be properly identified and sealed. Qualifications may not

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be reviewed until after the deadline for submission has passed
as set forth in the request for qualifications. All
progressive design-build entities submitting qualifications
shall be disclosed after the deadline for submission, and all
progressive design-build entities who are shortlisted for
interviews shall also be disclosed at the time of that
determination.
Qualifications shall include representative projects to
demonstrate past experience of the team members on similar
progressive design-build projects. Qualifications 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.
Qualifications must meet all material requirements of the
request for qualifications, or they may be rejected as
nonresponsive. The State construction agency shall have the
right to reject any and all qualifications.
The State construction agency shall review the
qualifications for compliance with the performance criteria
and evaluation factors.
Qualifications may be withdrawn prior to evaluation for
any cause. After evaluation begins by the State construction

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agency, clear and convincing evidence of error is required for
withdrawal.
Section 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 qualifications. The State construction
agency may negotiate with the selected progressive
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 qualifications are not diminished.
Section 50. Labor.
(a) A contract or agreement under this Act shall require
the progressive design-build entity, or the construction
manager or general contractor of the progressive design-build
entity, and all subcontractors of the progressive design-build
entity to comply with Section 30-22 of the Illinois
Procurement Code as it applies to responsible bidders and to
present satisfactory evidence of that compliance to the State
construction agency.
(b) A contract or agreement under this Act shall require
the progressive design-build entity or the construction

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manager or general contractor of the progressive design-build
entity to enter into a project labor agreement used by the
State construction agency.
(c) This Section does not apply to construction-related
professional services. As used in this Section, "professional
services" means those services within the scope of the
practice of architecture, professional engineering, structural
engineering, or registered land surveying, as defined by the
laws of this State.
Section 55. Transition to design-bid-build. At the
completion of design development, the progressive design-build
entity must provide a firm fixed price. The State construction
agency reserves the right to transition the project to the
design-bid-build method if the fixed price exceeds the project
budget, the progressive design-build entity's proposed
schedule is unreasonable, or if transitioning to the
design-bid-build method is in the best interests of the State.
The State construction agency will retain ownership of any
design documents completed by the progressive design-build
entity.
Section 60. 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 progressive
design-build entity shall detail, in a written report

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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 qualifications process, the entity shall, in a
detailed written report, inform the General Assembly and the
Governor whether and to what degree each progressive
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.
Section 65. Federal requirements. In the procurement of
progressive 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.
Section 70. Capital Development Board consultation. The
Capital Development Board shall consult with the applicable
chief procurement office to determine which procedures to

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adopt and apply to the progressive design-build project
delivery method in order to ensure an open, transparent, and
efficient process that accomplishes the purposes of this Act.