Bill Text: IL HB5381 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5381 Detail]

Download: Illinois-2023-HB5381-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5381 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
See Index
Amends the Municipal Design-Build Contracts Division of the Illinois Municipal Code and the School Design-Build Contracts Article of the School Code. Provides that a municipality or school district may use the design-build process to compare and potentially enter into contracts with design-build entities or design professionals (rather than only a design-build entities). Provides that design-build entities and design professionals must also include qualifications as well as proposals (rather than only proposals). Requires notice (rather than allows notice) to be published in construction industry publications or posted on construction industry websites. Provides that a municipality or school district must solicit requests for qualifications and proposals (rather than requests for proposals). Requires a municipality or school district to select at least one design professional if at least one proposal is made by a design professional. Provides that criteria in Phase I must include the experience of personnel, including evaluating design and construction separately (rather than only the experience of personnel). Provides that a design-build entity or design professional shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. Provides that the municipality or school district must allow 30 days (rather than sufficient time) for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality or school district, but no shortlist is required if no less than 3 (rather than 2) or more than 6 design-build entities or design professionals are selected to submit proposals. Provides that the municipality or school district must provide the notice of award in writing at the time it awards the contract.
LRB103 38330 AWJ 68465 b
A BILL FOR
HB5381 LRB103 38330 AWJ 68465 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 11-39.2-5, 11-39.2-10, 11-39.2-15,
11-39.2-20, 11-39.2-25, 11-39.2-35, 11-39.2-40, and 11-39.2-45
as follows:
(65 ILCS 5/11-39.2-5)
Sec. 11-39.2-5. Purpose. The purpose of this Division is
to authorize municipalities to compare and potentially use
design-build processes to increase the efficiency and
effectiveness of delivering public projects.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-10)
Sec. 11-39.2-10. Definitions. As used in this Division:
"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 that incorporates the
qualifications-based selection process for architects and the
competitive bidding process for construction as set forth in
this Code.

HB5381 - 2 - LRB103 38330 AWJ 68465 b
"Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying, and related
services, as required, and the labor, materials, equipment,
and other construction services for the project.
"Design-build contract" means a contract for a public
project under this Division between a municipality and a
design-build entity or design professional to furnish:
architecture, engineering, land surveying, public art or
interpretive exhibits, and related services, as required, and
the labor, materials, equipment, and other construction
services for the project.
"Design-build entity" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Division.
"Design professional" means an 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 Practice Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the
separate phases of the selection process as defined in this
Division and may include the specialized experience, technical

HB5381 - 3 - LRB103 38330 AWJ 68465 b
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity or design
professional in accordance with this Division.
"Public art designer" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that has
demonstrated experience with the design and fabrication of
public art, including any media that has been planned and
executed with the intention of being staged in the physical
public domain outside and accessible to all or any art which is
exhibited in a public space, including publicly accessible
buildings, or interpretive exhibits, including communication
media that is designed to engage, excite, inform, relate, or
reveal the intrinsic nature or indispensable quality of a
topic or story being presented.
"Request for qualifications and proposal" means the
document used by the municipality to solicit qualifications
and proposals for a design-build comparison and potential
contract.
"Scope and performance criteria" means the requirements
for the public project, such as the intended usage, capacity,
size, scope, quality and performance standards, life-cycle
costs, and other programmatic criteria that are expressed in

HB5381 - 4 - LRB103 38330 AWJ 68465 b
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity or design professional to develop
a proposal.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-15)
Sec. 11-39.2-15. Solicitation of proposals.
(a) A municipality may enter into design-build contracts.
In addition to the requirements set forth in its local
ordinances, when the municipality elects to use the
design-build delivery method, it must issue a notice of intent
to receive proposals for the project at least 14 days before
issuing the request for the proposal. The municipality must
publish the advance notice in the manner prescribed by
ordinance, which must include posting the advance notice
online on its website. The municipality shall may publish the
notice in construction industry publications or post the
notice on construction industry websites. A brief description
of the proposed procurement must be included in the notice.
The municipality must provide a copy of the request for
proposal to any party requesting a copy. A municipality must
allow design professionals to submit proposals hereunder.
(b) The request for proposal must be prepared for each
project and must contain, without limitation, the following
information:

HB5381 - 5 - LRB103 38330 AWJ 68465 b
(1) The name of the municipality.
(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 proposal is submitted.
(4) Prequalification criteria for design-build
entities or design professionals wishing to submit
qualifications and proposals. The municipality must
include, at a minimum, its normal qualifications,
licensing, registration, and other requirements; however,
nothing precludes the use of additional prequalification
criteria by the municipality.
(5) Material requirements of the contract, such as 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 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 each phase of the
solicitation. Price may not be used as a factor in the
evaluation of Phase I proposals.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.

HB5381 - 6 - LRB103 38330 AWJ 68465 b
(c) The municipality may include any other relevant
information that it chooses to supply. The design-build entity
or design professional may rely upon the accuracy of this
documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. If the cost of the project is estimated to exceed
$12,000,000, then the proposal due date must be at least 28
calendar days after the date of the issuance of the request for
proposal. The municipality must include in the request for
proposal a minimum of 60 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-20)
Sec. 11-39.2-20. Development of scope and performance
criteria.
(a) The municipality must develop, with the assistance of
a licensed design professional or public art designer, a
request for qualifications and proposal, which must include
scope and performance criteria. The scope and performance
criteria must be in sufficient detail and contain adequate
information to reasonably apprise the qualified design-build
entities or design professionals of the municipality's overall
programmatic needs and goals, including criteria and

HB5381 - 7 - LRB103 38330 AWJ 68465 b
preliminary design plans, general budget parameters, schedule,
and delivery requirements.
(b) Each request for qualifications and proposal must also
include a description of the level of design to be provided in
the proposals. This description must include the scope and
type of renderings, drawings, and specifications that, at a
minimum, will be required by the municipality to be produced
by the design-build entities or design professionals.
(c) The scope and performance criteria must be prepared by
a design professional or public art designer who is an
employee of the municipality, or the municipality may contract
with an independent design professional or public art designer
selected under the Local Government Professional Services
Selection Act to provide these services.
(d) The design professional or public art designer that
prepares the scope and performance criteria is prohibited from
participating in any design-build entity or design
professional proposal for the project.
(e) The design-build contract may be conditioned upon
subsequent refinements in scope and price and may allow the
municipality to make modifications in the project scope
without invalidating the design-build contract.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-25)
Sec. 11-39.2-25. Procedures for Selection.

HB5381 - 8 - LRB103 38330 AWJ 68465 b
(a) The municipality must use a two-phase procedure for
the selection of the successful design-build entity or design
professional. Phase I of the procedure will evaluate and
shortlist the design-build entities or design professionals
based on qualifications, and Phase II will evaluate the
technical and cost proposals. A municipality must select at
least one design professional if one is submitted in Phase I.
(b) The municipality must 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 or design professionals that the
municipality has set forth. Each request for qualifications
and proposal must establish the relative importance assigned
to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the municipality. The
municipality must maintain a record of the evaluation scoring
to be disclosed in event of a protest regarding the
solicitation.
The municipality must include the following criteria in
every Phase I evaluation of design-build entities or design
professionals: (i) experience of personnel, evaluating design
and construction separately; (ii) successful experience with
similar project types; (iii) financial capability; (iv)
timeliness of past performance; (v) experience with similarly
sized projects; (vi) successful reference checks of the firm;
(vii) commitment to assign personnel for the duration of the

HB5381 - 9 - LRB103 38330 AWJ 68465 b
project and qualifications of the entity's consultants; and
(viii) 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
municipality may include any additional, relevant criteria in
Phase I that it deems necessary for a proper qualification
review.
The municipality may not consider any design-build entity
or design professional for evaluation or award if the entity
has any pecuniary interest in the project or has other
relationships or circumstances, such as long-term leasehold,
mutual performance, or development contracts with the
municipality, that may give the design-build entity or design
professional a financial or tangible advantage over other
design-build entities or design professionals in the
preparation, evaluation, or performance of the design-build
contract or that create the appearance of impropriety. A
design-build entity or design professional shall not be
disqualified under this Section solely due to having
previously been awarded a project or projects under any
applicable public procurement law of the State. No proposal
may 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

HB5381 - 10 - LRB103 38330 AWJ 68465 b
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 qualification evaluation, the
municipality must create a shortlist of the most highly
qualified design-build entities or design professionals. The
municipality, in its discretion, is not required to shortlist
the maximum number of entities as identified for Phase II
evaluation if no less than 3 2 design-build entities or design
professionals nor more than 6 are selected to submit Phase II
proposals.
The municipality must notify the entities selected for the
shortlist in writing. This notification must commence the
period for the preparation of the Phase II technical and cost
evaluations. The municipality must allow 30 days sufficient
time for the shortlist entities to prepare their Phase II
submittals considering the scope and detail requested by the
municipality.
(c) The municipality must 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 must establish, for both the technical 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 municipality.
The municipality must maintain a record of the evaluation

HB5381 - 11 - LRB103 38330 AWJ 68465 b
scoring to be disclosed in event of a protest regarding the
solicitation.
The municipality must include the following criteria in
every Phase II technical evaluation of design-build entities
or design professionals: (i) compliance with objectives of the
project; (ii) compliance of proposed services to the request
for proposal requirements; (iii) quality of products or
materials proposed; (iv) quality of design parameters; (v)
design concepts; (vi) innovation in meeting the scope and
performance criteria; and (vii) constructability of the
proposed project. The municipality may include any additional
relevant technical evaluation factors it deems necessary for
proper selection.
The municipality must include the following criteria in
every Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The
municipality may include any additional relevant technical
evaluation factors it deems necessary for proper selection.
The total project cost criteria weighting factor may not
exceed 30%.
The municipality must directly employ or retain a licensed
design professional or a public art designer to evaluate the
technical and cost submissions to determine if the technical
submissions are in accordance with generally accepted industry
standards. Upon completion of the technical submissions and
cost submissions evaluation, the municipality may award the

HB5381 - 12 - LRB103 38330 AWJ 68465 b
design-build contract to the highest overall ranked entity.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-35)
Sec. 11-39.2-35. Submission of qualifications and
proposals. Qualifications and proposals Proposals must be
properly identified and sealed. Qualifications and proposals
Proposals may not be reviewed until after the deadline for
submission has passed as set forth in the request for
qualifications and proposals.
Proposals must include a bid bond in the form and security
as designated in the request for qualifications and proposal
proposals. Qualifications and proposal Proposals must also
contain a separate sealed envelope with the cost information
within the overall proposal submission. Qualifications and
proposals Proposals must include a list of all design
professionals, public art designers, and other entities to
which any work may be subcontracted during the performance of
the contract.
Proposals must meet all material requirements of the
request for proposal or they may be rejected as nonresponsive.
The municipality may reject any and all proposals.
The drawings and specifications of the proposal shall may
remain the property of the design-build entity or design
professional.
The municipality must review the proposals for compliance

HB5381 - 13 - LRB103 38330 AWJ 68465 b
with the performance criteria and evaluation factors.
Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the municipality, clear and
convincing evidence of error is required for withdrawal.
After a response to a request for qualifications or a
request for proposal has been submitted as provided in this
Section, a design-build entity or design professional may not
replace, remove, or otherwise modify any firm identified as a
member of the proposer's team unless authorized to do so by the
municipality.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-40)
Sec. 11-39.2-40. Award; performance. The municipality may
award the contract to the highest overall ranked design-build
entity or design professional. Notice of award must be made in
writing at the same time. Unsuccessful design-build entities
or design professionals must also be notified in writing. The
municipality may not request a best and final offer after the
receipt of proposals of all qualified design-build entities or
design professionals. The municipality may negotiate with the
selected design-build entity or design professional after
award, but prior to contract execution, for the purpose of
securing better terms than originally proposed if the salient
features of the request for proposal are not diminished.
A design-build entity and associated design professionals

HB5381 - 14 - LRB103 38330 AWJ 68465 b
must conduct themselves in accordance with the relevant laws
of this State and the related provisions of the Illinois
Administrative Code.
(Source: P.A. 103-491, eff. 1-1-24.)
(65 ILCS 5/11-39.2-45)
Sec. 11-39.2-45. 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
design-build entity or design professional must detail, in a
written report submitted to the municipality, 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.
(Source: P.A. 103-491, eff. 1-1-24.)
Section 10. The School Code is amended by changing
Sections 15A-5, 15A-10, 15A-15, 15A-20, 15A-25, 15A-35,
15A-40, and 15A-45 as follows:
(105 ILCS 5/15A-5)
Sec. 15A-5. Purpose. The purpose of this Article is to
authorize school districts to compare and potentially use
design-build processes to increase the efficiency and

HB5381 - 15 - LRB103 38330 AWJ 68465 b
effectiveness of delivering public projects.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-10)
Sec. 15A-10. Definitions. As used in this Article:
"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 that incorporates the
qualifications-based selection process for architects and the
competitive bidding process for construction as set forth in
this Code.
"Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying, and related
services, as required, and the labor, materials, equipment,
and other construction services for the project.
"Design-build contract" means a contract for a public
project under this Article between a school district and a
design-build entity or design professional to furnish:
architecture, engineering, land surveying, public art or
interpretive exhibits, and related services, as required, and
the labor, materials, equipment, and other construction
services for the project.
"Design-build entity" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,

HB5381 - 16 - LRB103 38330 AWJ 68465 b
professional corporation, or other entity that proposes to
design and construct any public project under this Article.
"Design professional" means an 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 Practice Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the
separate phases of the selection process as set forth in this
Article 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.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity or design
professional in accordance with this Article.
"Public art designer" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that has
demonstrated experience with the design and fabrication of
public art, including any media that has been planned and
executed with the intention of being staged in the physical
public domain outside and accessible to all or any art that is
exhibited in a public space, including publicly accessible

HB5381 - 17 - LRB103 38330 AWJ 68465 b
buildings, or interpretive exhibits, including communication
media that is designed to engage, excite, inform, relate, or
reveal the intrinsic nature or indispensable quality of a
topic or story being presented.
"Request for qualifications and proposal" means the
document used by the school district to solicit qualifications
and proposals for a design-build comparison and potential
contract.
"Scope and performance criteria" means the requirements
for the public project, such as the intended usage, capacity,
size, scope, quality and performance standards, life-cycle
costs, and other programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity or design professional to develop
a proposal.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-15)
Sec. 15A-15. Solicitation of proposals.
(a) A school district may enter into design-build
contracts. In addition to the requirements set forth by the
school board, if the school district elects to use the
design-build delivery method, it must issue a notice of intent
to receive proposals for the project at least 14 days before
issuing the request for the proposal. The school district must

HB5381 - 18 - LRB103 38330 AWJ 68465 b
publish the advance notice in the manner prescribed by the
school board, which must include posting the advance notice
online on its website. The school district shall may publish
the notice in construction industry publications or post the
notice on construction industry websites. A brief description
of the proposed procurement must be included in the notice.
The school district must provide a copy of the request for
proposal to any party requesting a copy. A school district
must allow design professionals to submit proposals under this
Article.
(b) The request for proposal must be prepared for each
project and must contain, without limitation, the following
information:
(1) The name of the school district.
(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 proposal is submitted.
(4) Prequalification criteria for design-build
entities or design professionals wishing to submit
qualifications and proposals. The school district must
include, at a minimum, its normal qualifications,
licensing, registration, and other requirements; however,
nothing precludes the use of additional prequalification
criteria by the school district.

HB5381 - 19 - LRB103 38330 AWJ 68465 b
(5) Material requirements of the contract, such as 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 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 each phase of the
solicitation. Price may not be used as a factor in the
evaluation of Phase I proposals.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.
(c) The school district may include any other relevant
information that it chooses to supply. The design-build entity
or design professional may rely upon the accuracy of this
documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. If the cost of the project is estimated to exceed
$12,000,000, then the proposal due date must be at least 28
calendar days after the date of the issuance of the request for
proposal. The school district must include in the request for
proposal a minimum of 60 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.

HB5381 - 20 - LRB103 38330 AWJ 68465 b
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-20)
Sec. 15A-20. Development of scope and performance
criteria.
(a) The school district must develop, with the assistance
of a licensed design professional or public art designer, a
request for qualifications and proposal, which must include
scope and performance criteria. The scope and performance
criteria must be in sufficient detail and contain adequate
information to reasonably apprise the qualified design-build
entities or design professionals of the school district's
overall programmatic needs and goals, including criteria,
general budget parameters, schedule, and delivery
requirements.
(b) Each request for qualifications and proposal must also
include a description of the level of design to be provided in
the proposals. This description must include the scope and
type of renderings, drawings, and specifications that, at a
minimum, will be required by the school district to be
produced by the design-build entities or design professionals.
(c) The scope and performance criteria must be prepared by
a design professional or public art designer who is an
employee of the school district, or the school district may
contract with an independent design professional or public art
designer selected under the Local Government Professional

HB5381 - 21 - LRB103 38330 AWJ 68465 b
Services Selection Act to provide these services.
(d) The design professional or public art designer that
prepares the scope and performance criteria is prohibited from
participating in any design-build entity or design
professional proposal for the project.
(e) The design-build contract may be conditioned upon
subsequent refinements in scope and price and may allow the
school district to make modifications in the project scope
without invalidating the design-build contract.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-25)
Sec. 15A-25. Procedures for selection.
(a) The school district must use a 2-phase procedure for
the selection of the successful design-build entity or design
professional. Phase I of the procedure must evaluate and
shortlist the design-build entities or design professionals
based on qualifications, and Phase II must evaluate the
technical and cost proposals. A school district must select at
least one design professional proposal if one is submitted in
Phase I.
(b) The school district must 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 or design professionals that the
school district has set forth. Each request for qualifications

HB5381 - 22 - LRB103 38330 AWJ 68465 b
and proposal must establish the relative importance assigned
to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the school district.
The school district must maintain a record of the evaluation
scoring to be disclosed in event of a protest regarding the
solicitation.
The school district must include the following criteria in
every Phase I evaluation of design-build entities or design
professionals:
(1) experience of personnel, evaluating design and
construction separately;
(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 school district may include any additional, relevant

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criteria in Phase I that it deems necessary for a proper
qualification review.
The school district may not consider a design-build entity
or design professional for evaluation or an award if the
entity has any pecuniary interest in the project or has other
relationships or circumstances, such as long-term leasehold,
mutual performance, or development contracts with the school
district, that may give the design-build entity or design
professional a financial or tangible advantage over other
design-build entities or design professionals in the
preparation, evaluation, or performance of the design-build
contract or that create the appearance of impropriety. A
design-build entity shall not be disqualified under this
Section solely due to having previously been awarded a project
or projects under any applicable public procurement law of the
State. No proposal may 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 qualification evaluation, the
school district must create a shortlist of the most highly
qualified design-build entities or design professionals. The
school district, in its discretion, is not required to
shortlist the maximum number of entities as identified for

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Phase II evaluation if no less than 3 2 design-build entities
or design professionals nor more than 6 are selected to submit
Phase II proposals. If a school district receives one response
to Phase I, nothing herein shall prohibit the school district
from proceeding with a Phase II evaluation of the single
respondent, if the school district, in its discretion, finds
proceeding to be in its best interest.
The school district must notify the entities selected for
the shortlist in writing. This notification must commence the
period for the preparation of the Phase II technical and cost
evaluations. The school district must allow 30 days sufficient
time for the shortlist entities to prepare their Phase II
submittals considering the scope and detail requested by the
school district.
(c) The school district must 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 must establish, for both the technical 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 school
district. The school district must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The school district must include the following criteria in
every Phase II technical evaluation of design-build entities

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or design professionals:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request for
proposal 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 school district may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
The school district must include the following criteria in
every Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The school
district may include any additional relevant technical
evaluation factors it deems necessary for proper selection.
The total project cost criteria weighting factor may not
exceed 30%.
The school district must directly employ or retain a
licensed design professional or a public art designer to
evaluate the technical and cost submissions to determine if
the technical submissions are in accordance with generally
accepted industry standards. Upon completion of the technical
submissions and cost submissions evaluation, the school

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district may award the design-build contract to the highest
overall ranked entity.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-35)
Sec. 15A-35. Submission of qualifications and proposals.
Qualifications and proposals Proposals must be properly
identified and sealed. Qualifications and proposals Proposals
may not be reviewed until after the deadline for submission
has passed as set forth in the request for qualifications and
proposal.
Proposals must include a bid bond in the form and security
as designated in the request for qualifications and proposal.
Qualifications and proposals Proposals must also contain a
separate sealed envelope with the cost information within the
overall proposal submission. Qualifications and proposals
Proposals must include a list of all design professionals,
public art designers, and other entities to which any work may
be subcontracted during the performance of the contract.
Proposals must meet all material requirements of the
request for proposal, or they may be rejected as
nonresponsive. The school district may reject any and all
proposals.
The drawings and specifications of the proposal shall may
remain the property of the design-build entity or design
professional.

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The school district must review the proposals for
compliance with the performance criteria and evaluation
factors.
Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the school district, clear
and convincing evidence of error is required for withdrawal.
After a response to a request for qualifications or a
request for proposal has been submitted under this Section, a
design-build entity or design professional may not replace,
remove, or otherwise modify any firm identified as a member of
the proposer's team unless authorized to do so by the school
district.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-40)
Sec. 15A-40. Award; performance. The school district may
award the contract to the highest overall ranked design-build
entity or design professional. Notice of award must be made in
writing. Unsuccessful design-build entities or design
professionals must also be notified in writing at the same
time. The school district may not request a best and final
offer after the receipt of proposals of all qualified
design-build entities or design professionals. The school
district may negotiate with the selected design-build entity
or design professional after the award, but prior to contract
execution, for the purpose of securing better terms than

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originally proposed if the salient features of the request for
proposal are not diminished.
A design-build entity and associated design professionals
must conduct themselves in accordance with the relevant laws
of this State and the related provisions of the Illinois
Administrative Code.
(Source: P.A. 103-491, eff. 1-1-24.)
(105 ILCS 5/15A-45)
Sec. 15A-45. Evaluation and report. At the end of every
6-month period following the contract award, and again prior
to final contract payout and closure, a selected design-build
entity or design professional must detail, in a written report
submitted to the school district, 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.
(Source: P.A. 103-491, eff. 1-1-24.)
HB5381 - 29 - LRB103 38330 AWJ 68465 b
INDEX
Statutes amended in order of appearance