§ 1-30

(Section scheduled to be repealed on January 1, 2027) Sec. 1-30. 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. 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 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 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.

Legislative History

(Source: P.A. 103-865, eff. 8-9-24.)