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
 
SB3772LRB103 39470 HLH 69664 b


1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the 
5Progressive Design-Build Pilot Program Act.

6 Section 5. Legislative policy.  It is the intent of the 
7General Assembly that the State construction agency shall 
8establish a Progressive Design-Build Pilot Program to use the 
9progressive design-build delivery method for up to 3 public 
10projects commencing prior to January 1, 2027 if it is shown to 
11be in the State's best interest for that particular project. 
12It shall be the policy of the State construction agency in the 
13procurement of progressive design-build services to publicly 
14announce all requirements for progressive design-build 
15services and to procure these services on the basis of 
16demonstrated competence and qualifications and with due regard 
17for the principles of competitive selection.
18 The State construction agency shall, prior to issuing 
19requests for qualifications, publish procedures for the 
20solicitation and award of contracts pursuant to this Act. 
21 The State construction agency shall, for each public 
22project or projects permitted under this Act, make a written 
23determination, including a description as to the particular 
 
 
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1advantages of the progressive design-build procurement method, 
2that it is in the best interests of this State to enter into a 
3progressive design-build contract for the project or projects. 
4In making that determination, the following factors shall be 
5considered: 
6  (1) The probability that the progressive design-build 
7 procurement method will be in the best interests of the 
8 State by providing a material savings of time or cost over 
9 the design-bid-build or other delivery system. 
10  (2) The type and size of the project and its 
11 suitability to the progressive design-build procurement 
12 method. 
13  (3) The ability of the State construction agency to 
14 define and provide comprehensive scope and performance 
15 criteria for the project. 
16 No State construction agency may use the progressive 
17design-build procurement method unless the agency determines 
18in writing that the project will comply with the disadvantaged 
19business and equal employment practices of the State as 
20established in the Business Enterprise for Minorities, Women, 
21and Persons with Disabilities Act and Section 2-105 of the 
22Illinois Human Rights Act.
23 The State construction agency shall within 15 days after 
24the initial determination provide an advisory copy to the 
25Procurement Policy Board and maintain the full record of 
26determination for 5 years. 

 
 
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1 Section 10. Definitions. As used in this Act:
2 "Chief procurement office" means the offices to which the 
3chief procurement officers are appointed pursuant to Section 
410-20 of the Illinois Procurement Code.
5 "Delivery system" means the design and construction 
6approach used to develop and construct a project. 
7 "Design-bid-build" means the traditional delivery system 
8used on public projects in this State that incorporates the 
9Architectural, Engineering, and Land Surveying Qualification 
10Based Selection Act and the principles of competitive 
11selection in the Illinois Procurement Code. 
12 "Design professional" means any individual, sole 
13proprietorship, firm, partnership, joint venture, corporation, 
14professional corporation, or other entity that offers services 
15under the Illinois Architecture Practice Act of 1989, the 
16Professional Engineering Practice Act of 1989, the Structural 
17Engineering Licensing Act of 1989, or the Illinois 
18Professional Land Surveyor Act of 1989. 
19 "Evaluation criteria" means the requirements for the 
20selection process as defined in this Act and may include the 
21specialized experience, technical qualifications and 
22competence, capacity to perform, past performance, experience 
23with similar projects, assignment of personnel to the project, 
24and other appropriate factors. Price may not be used as a 
25factor in the evaluation of progressive design-build. 
 
 
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1 "Progressive design-build" means a project delivery 
2process in which both the design and construction of a project 
3are procured from a single entity that is selected through a 
4qualifications-based selection at the earliest feasible stage 
5of the project.
6 "Progressive design-build contract" means a contract for a 
7public project under this Act between the State construction 
8agency and a progressive design-build entity to furnish 
9architecture, engineering, land surveying, and related 
10services as required, and to furnish the labor, materials, 
11equipment, and other construction services for the project. A 
12progressive design-build contract may be conditioned upon 
13subsequent refinements in scope and price and may allow the 
14State construction agency to make modifications in the project 
15scope without invalidating the progressive design-build 
16contract. 
17 "Progressive design-build entity" means any individual, 
18sole proprietorship, firm, partnership, joint venture, 
19corporation, professional corporation, or other entity that 
20proposes to design and construct any public project under this 
21Act. A progressive design-build entity and associated 
22progressive design-build professionals shall conduct 
23themselves in accordance with the laws of this State and the 
24related provisions of the Illinois Administrative Code, as 
25referenced by the licensed design professionals Acts of this 
26State.
 
 
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1 "Qualification" means a statement of qualifications 
2submitted by a proposer in response to a request for 
3qualifications.
4 "Request for qualifications" means a document issued by 
5the State construction agency to solicit qualifications from 
6proposers in accordance with the progressive design-build 
7project delivery method.
8 "Scope and performance criteria" means the requirements 
9for the public project, including but not limited to, the 
10intended usage, capacity, size, scope, quality and performance 
11standards, and other programmatic criteria that are expressed 
12in performance-oriented requirements that can be reasonably 
13inferred and are suited to allow a progressive design-build 
14entity to develop a proposal. 
15 "State construction agency" means the Capital Development 
16Board. 

17 Section 15. Solicitation of qualifications.
18 (a) When the State construction agency elects to use the 
19progressive design-build delivery method, it must issue a 
20notice of intent to receive requests for qualifications for 
21the project at least 14 days before issuing the request for 
22qualifications. The State construction agency must publish the 
23advance notice in the official procurement bulletin of the 
24State or the professional services bulletin of the State 
25construction agency, if any. The agency is encouraged to use 
 
 
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1publication of the notice in related construction industry 
2service publications. A brief description of the proposed 
3procurement must be included in the notice. The State 
4construction agency must provide a copy of the request for 
5qualifications to any party requesting a copy. 
6 (b) The request for qualifications shall be prepared for 
7each project and must contain, without limitation, the 
8following information: 
9  (1) The name of the State construction agency. 
10  (2) A preliminary schedule for the completion of the 
11 contract. 
12  (3) The proposed budget for the project, the source of 
13 funds, and the currently available funds at the time the 
14 request for qualifications is submitted.
15  (4) Prequalification criteria for progressive 
16 design-build entities wishing to submit proposals. The 
17 State construction agency shall include, at a minimum, its 
18 normal prequalification, licensing, registration, and 
19 other requirements, but nothing contained herein precludes 
20 the use of additional prequalification criteria by the 
21 State construction agency. 
22  (5) Material requirements of the contract, including 
23 but not limited to, the proposed terms and conditions, 
24 required performance and payment bonds, insurance, and the 
25 entity's plan to comply with the utilization goals for 
26 business enterprises established in the Business 
 
 
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1 Enterprise for Minorities, Women, and Persons with 
2 Disabilities Act, and with Section 2-105 of the Illinois 
3 Human Rights Act. 
4  (6) The performance criteria. 
5  (7) The evaluation criteria for the solicitation. 
6 (c) The State construction agency may include any other 
7relevant information that it chooses to supply. The 
8progressive design-build entity shall be entitled to rely upon 
9the accuracy of this documentation in the development of its 
10qualifications. 
11 (d) The date that qualifications are due must be at least 
1221 calendar days after the date of the issuance of the request 
13for qualifications. In the event the cost of the project is 
14estimated to exceed $10,000,000, then the qualifications due 
15date must be at least 28 calendar days after the date of the 
16issuance of the request for qualifications.

17 Section 20. Development of scope and performance criteria. 
18The State construction agency shall develop a request for 
19qualifications, which shall include preliminary scopes, 
20descriptions of the areas of technical expertise needed, and 
21requirements for experience. The request must be in sufficient 
22detail and contain adequate information to reasonably apprise 
23the qualified progressive design-build entities of the State 
24construction agency's overall programmatic needs and goals, 
25including criteria, general budget parameters, schedule, and 
 
 
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1delivery requirements.

2 Section 25. Selection committee. 
3 (a) When the State construction agency elects to use the 
4progressive design-build delivery method, it shall establish a 
5committee to evaluate and select the progressive design-build 
6entity. The committee, under the discretion of the State 
7construction agency, shall consist of at least 5 but no more 
8than 7 members and shall include at least one licensed design 
9professional and 2 members of the public. Public members may 
10not be employed or associated with any firm holding a contract 
11with the State construction agency. Within 30 days of 
12receiving notice, one public member shall be nominated by 
13associations representing the general design or construction 
14industry and one member shall be nominated by associations 
15that represent minority or woman-owned design or construction 
16industry businesses. If either group fails to nominate a 
17suitable candidate within the 30-day period, the State 
18construction agency shall nominate an appropriate public 
19member. 
20 (b) The members of the selection committee must certify 
21for each request for qualifications that no conflict of 
22interest exists between the members and the progressive 
23design-build entities submitting qualifications.
24 If a conflict is discovered before qualifications are 
25reviewed, the member must be replaced before any review of 
 
 
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1qualifications. If a conflict is discovered after 
2qualifications are reviewed, the member with the conflict 
3shall be removed and the committee may continue with only one 
4public member.
5 If at least 5 members remain, the remaining committee 
6members may complete the selection process.

7 Section 30. Procedures for selection. 
8 (a) The State construction agency must use a 2-phase 
9procedure for the selection of the successful progressive 
10design-build entity. Phase I of the procedure will evaluate 
11and shortlist for interviews the progressive design-build 
12entities based on qualifications, and Phase II will evaluate 
13shortlisted teams based on scoring of specific criteria 
14addressed in their presentations and interviews. 
15 (b) The State construction agency shall include in the 
16request for qualifications the evaluating factors to be used 
17in Phase I. These factors are in addition to any 
18prequalification requirements of progressive design-build 
19entities that the agency has set forth. Each request for 
20qualifications shall establish the relative importance 
21assigned to each evaluation factor and subfactor, including 
22any weighting of criteria to be employed by the State 
23construction agency. The State construction agency must 
24maintain a record of the evaluation scoring to be disclosed in 
25event of a protest regarding the solicitation. 
 
 
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1 The State construction agency shall include the following 
2criteria in every Phase I evaluation of progressive 
3design-build entities: (1) experience of personnel; (2) 
4successful experience with similar project types; (3) 
5financial capability; (4) timeliness of past performance; (5) 
6experience with similarly sized projects; (6) successful 
7reference checks of the firm; (7) commitment to assign 
8personnel for the duration of the project and qualifications 
9of the entity's consultants; and (8) ability or past 
10performance in meeting or exhausting good faith efforts to 
11meet the utilization goals for business enterprises 
12established in the Business Enterprise for Minorities, Women, 
13and Persons with Disabilities Act and with Section 2-105 of 
14the Illinois Human Rights Act. The State construction agency 
15may include any additional relevant criteria in Phase I that 
16it deems necessary for a proper qualification review. 
17 The State construction agency may not consider any 
18progressive design-build entity for evaluation or award if the 
19entity has any pecuniary interest in the project or has other 
20relationships or circumstances, including but not limited to, 
21long-term leasehold, mutual performance, or development 
22contracts with the State construction agency, that may give 
23the progressive design-build entity a financial or tangible 
24advantage over other progressive design-build entities in the 
25preparation, evaluation, or performance of the progressive 
26design-build contract or that create the appearance of 
 
 
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1impropriety. No proposal shall be considered that does not 
2include an entity's plan to comply with the requirements 
3established in the Business Enterprise for Minorities, Women, 
4and Persons with Disabilities Act, for both the design and 
5construction areas of performance, and with Section 2-105 of 
6the Illinois Human Rights Act.
7 Upon completion of the qualifications evaluation, the 
8State construction agency shall create a shortlist of the most 
9highly qualified progressive design-build entities. The State 
10construction agency, in its discretion, is not required to 
11shortlist the maximum number of entities as identified for 
12Phase II evaluation, provided however, no less than 2 
13progressive design-build entities nor more than 6 are selected 
14to present to the selection committee in an interview. 
15 The State construction agency shall notify the entities 
16selected for the shortlist in writing. This notification shall 
17commence the period for the preparation for presentations and 
18interviews. The State construction agency must allow 
19sufficient time, no less than 28 calendar days, for the 
20shortlist entities to prepare their presentations. 
21 (c) The State construction agency shall include in the 
22project advertisement the evaluating factors to be used in the 
23presentations and interviews. Each request for qualifications 
24shall establish the relative importance assigned to each 
25evaluation factor and subfactor, including any weighting of 
26criteria to be employed by the State construction agency. The 
 
 
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1State construction agency must maintain a record of the 
2evaluation scoring to be disclosed in event of a protest 
3regarding the solicitation. 
4 The State construction agency shall include the following 
5criteria in every Phase II evaluation of progressive 
6design-build entities: (1) experience with successful 
7completion of similar projects; (2) the design team's approach 
8to program analysis and schematic design; (3) record of budget 
9adherence on recently completed projects; (4) demonstration of 
10past innovation in meeting the scope and performance criteria 
11on past design-build projects; (5) completeness of the overall 
12project team; (6) collaborative experience of the team 
13members; and (7) their plan for achieving project goals for 
14participation. The State construction agency may include any 
15additional relevant technical evaluation factors it deems 
16necessary for proper selection. 
17 Upon completion of the evaluation, the State construction 
18agency may award the progressive design-build contract to the 
19highest overall ranked entity. After qualifications have been 
20submitted, a progressive design-build entity shall not 
21replace, remove, or otherwise modify any firm identified as a 
22member of the proposer team unless authorized to do so by the 
23State construction agency.

24 Section 40. Submission of qualifications. Qualifications 
25must be properly identified and sealed. Qualifications may not 
 
 
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1be reviewed until after the deadline for submission has passed 
2as set forth in the request for qualifications. All 
3progressive design-build entities submitting qualifications 
4shall be disclosed after the deadline for submission, and all 
5progressive design-build entities who are shortlisted for 
6interviews shall also be disclosed at the time of that 
7determination. 
8 Qualifications shall include representative projects to 
9demonstrate past experience of the team members on similar 
10progressive design-build projects. Qualifications shall 
11include a list of all design professionals and other entities 
12as defined in Section 30-30 of the Illinois Procurement Code 
13to which any work may be subcontracted during the performance 
14of the contract. Any entity that will perform any of the 5 
15subdivisions of work defined in Section 30-30 of the Illinois 
16Procurement Code must meet prequalification standards of the 
17State construction agency. 
18 Qualifications must meet all material requirements of the 
19request for qualifications, or they may be rejected as 
20nonresponsive. The State construction agency shall have the 
21right to reject any and all qualifications. 
22 The State construction agency shall review the 
23qualifications for compliance with the performance criteria 
24and evaluation factors. 
25 Qualifications may be withdrawn prior to evaluation for 
26any cause. After evaluation begins by the State construction 
 
 
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1agency, clear and convincing evidence of error is required for 
2withdrawal. 

3 Section 45. Award.  The State construction agency may 
4award the contract to the highest overall ranked entity. 
5Notice of award shall be made in writing. Unsuccessful 
6entities shall also be notified in writing. The State 
7construction agency may not request a best and final offer 
8after the receipt of qualifications. The State construction 
9agency may negotiate with the selected progressive 
10design-build entity after award but prior to contract 
11execution for the purpose of securing better terms than 
12originally proposed, provided that the salient features of the 
13request for qualifications are not diminished.

14 Section 50. Labor. 
15 (a) A contract or agreement under this Act shall require 
16the progressive design-build entity, or the construction 
17manager or general contractor of the progressive design-build 
18entity, and all subcontractors of the progressive design-build 
19entity to comply with Section 30-22 of the Illinois 
20Procurement Code as it applies to responsible bidders and to 
21present satisfactory evidence of that compliance to the State 
22construction agency.
23 (b) A contract or agreement under this Act shall require 
24the progressive design-build entity or the construction 
 
 
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1manager or general contractor of the progressive design-build 
2entity to enter into a project labor agreement used by the 
3State construction agency.
4 (c) This Section does not apply to construction-related 
5professional services. As used in this Section, "professional 
6services" means those services within the scope of the 
7practice of architecture, professional engineering, structural 
8engineering, or registered land surveying, as defined by the 
9laws of this State.

10 Section 55. Transition to design-bid-build. At the 
11completion of design development, the progressive design-build 
12entity must provide a firm fixed price. The State construction 
13agency reserves the right to transition the project to the 
14design-bid-build method if the fixed price exceeds the project 
15budget, the progressive design-build entity's proposed 
16schedule is unreasonable, or if transitioning to the 
17design-bid-build method is in the best interests of the State. 
18The State construction agency will retain ownership of any 
19design documents completed by the progressive design-build 
20entity.

21 Section 60. Reports and evaluation. At the end of every 6 
22month period following the contract award, and again prior to 
23final contract payout and closure, a selected progressive 
24design-build entity shall detail, in a written report 
 
 
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1submitted to the State agency, its efforts and success in 
2implementing the entity's plan to comply with the utilization 
3goals for business enterprises established in the Business 
4Enterprise for Minorities, Women, and Persons with 
5Disabilities Act and the provisions of Section 2-105 of the 
6Illinois Human Rights Act. If the entity's performance in 
7implementing the plan falls short of the performance measures 
8and outcomes set forth in the plans submitted by the entity 
9during the qualifications process, the entity shall, in a 
10detailed written report, inform the General Assembly and the 
11Governor whether and to what degree each progressive 
12design-build contract authorized under this Act promoted the 
13utilization goals for business enterprises established in the 
14Business Enterprise for Minorities, Women, and Persons with 
15Disabilities Act and the provisions of Section 2-105 of the 
16Illinois Human Rights Act.

17 Section 65. Federal requirements. In the procurement of 
18progressive design-build contracts, the State construction 
19agency shall comply with federal law and regulations and take 
20all necessary steps to adapt their rules, policies, and 
21procedures to remain eligible for federal aid.

22 Section 70. Capital Development Board consultation. The 
23Capital Development Board shall consult with the applicable 
24chief procurement office to determine which procedures to 
 
 
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1adopt and apply to the progressive design-build project 
2delivery method in order to ensure an open, transparent, and 
3efficient process that accomplishes the purposes of this Act.