Bill Text: IL HB5593 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the Design-Build for Public Schools Act. Defines terms. Provides that a school district shall, for each public project, make a written determination as to whether it is in the best interests of the school district to enter into a design-build contract for that project. Specifies factors to be considered in making the determination. Provides that if a school district elects to use a design-build delivery method under the Act, it must issue a notice of intent to receive proposals for a project no less than 14 days before issuing the request for proposals. Specifies requirements for the request for proposals. Requires a school district that elects to use the design-build delivery method to establish a committee to evaluate and select the design-build entity, which shall consist of no less than 5 members but no more than 7 members and shall include no less than one licensed design professional. Requires a school district to use a 2-phase procedure for the selection of a design-build entity; specifies the criteria for each phase. Provides that a school district may award the contract to the highest overall ranked entity. Repeals the Act on July 1, 2023. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2018-12-20 - Public Act . . . . . . . . . 100-1159 [HB5593 Detail]

Download: Illinois-2017-HB5593-Enrolled.html

---

HB5593 Enrolled LRB100 19685 AXK 34959 b
AN ACT concerning education.
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
Design-Build for Public Schools Act.
Section 5. Legislative intent. It is the intent of the
General Assembly to authorize up to 5 design-build
demonstration projects statewide where it is shown to be in a
school district's best interest, as determined by the State
Board of Education. All projects procured using this delivery
system shall comply with Section 2-3.12 of the School Code and
shall be subject to review and approval by the State Board of
Education.
Section 10. Scope. This Act shall not apply to entities
subject to the Public Building Commission Act.
Section 15. Definitions. In this Act:
"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 Qualifications

HB5593 Enrolled - 2 - LRB100 19685 AXK 34959 b
Based Selection Act and the principles of competitive selection
in the Illinois Procurement Code.
"Design-build" means a delivery system that is responsible
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 project
between a school district and a 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.
"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
design-build entity and any associated 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.
"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,
Professional Engineering Practice Act of 1989, Structural

HB5593 Enrolled - 3 - LRB100 19685 AXK 34959 b
Engineering Practice Act of 1989, or Illinois Professional Land
Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the
separate phases of the selection process and may include
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 Phase I proposals.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
"Request for proposals" means the document used by a school
district to solicit proposals for a design-build contract.
"School district" means a public school district that
operates under the authority of the School Code, except for a
school district organized under Article 34 of that Code.
"Scope and performance criteria" means the requirements
for the project, including, but not limited to, 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 to develop a
proposal.

HB5593 Enrolled - 4 - LRB100 19685 AXK 34959 b
Section 20. Procedures.
(a) It shall be the policy of a school district in the
procurement of design-build services to publicly announce all
requirements for design-build services and to procure these
services on the basis of demonstrated competence and
qualifications, with due regard for the principles of
competitive selection. A school district shall, prior to
issuing a request for proposals, promulgate and publish
procedures for the solicitation and award of contracts pursuant
to this Act.
(b) A school district shall, for each project or projects
permitted under this Act, make a written determination,
including a description as to the particular advantages of the
design-build procurement method, that it is in the best
interests of the school district to enter into a design-build
contract for the project or projects. In making that
determination, a school district shall consider all of the
following factors:
(1) The probability that the design-build procurement
method will be in the best interests of the school district
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 design-build procurement method.
(3) The ability of the design-build entity to define
and provide comprehensive scope and performance criteria

HB5593 Enrolled - 5 - LRB100 19685 AXK 34959 b
for the project.
Section 25. Solicitation of proposals.
(a) If a school district elects to use the design-build
delivery method under this Act, it must issue a notice of
intent to receive proposals for the project no less than 14
days before issuing the request for proposals. A school
district must publish the advance notice in a daily newspaper
of general circulation in the area where the school district is
located. A school district may publish the notice in related
construction-industry service publications. A brief
description of the proposed procurement must be included in the
notice. A school district must provide a copy of the request
for proposals to any party requesting a copy.
(b) A request for proposals under subsection (a) of this
Section shall be prepared for each project and must include,
but is not limited to, all of the following:
(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
the required funds, and the currently available funds at
the time the request for proposals is submitted.
(4) Prequalification criteria for the design-build
entities that submit proposals. A school district shall
include, at a minimum, its normal prequalification,

HB5593 Enrolled - 6 - LRB100 19685 AXK 34959 b
licensing, and registration requirements. Nothing
contained in this paragraph (4) shall preclude the use of
additional prequalification criteria by a school district.
(5) Material requirements of the contract, including,
but not limited to, the proposed terms and conditions,
required performance and payment bonds, insurance, and the
design-build entity's plan to comply with the utilization
goals established by the corporate authorities of the
school district for minority-owned and women-owned
business enterprises and to comply 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 shall be considered for
the technical and cost evaluation phase.
(c) A school district may include any other relevant
information in the request for proposals. The design-build
entity shall be entitled to rely upon the accuracy of this
documentation in the development of its proposal.
(d) The date that proposals are due must be no less than 21
calendar days after the date of the issuance of the request for
proposals. If the cost of the project is estimated to exceed
$10,000,000, then the proposal's due date must be no less than
28 calendar days after the date of the issuance of the request

HB5593 Enrolled - 7 - LRB100 19685 AXK 34959 b
for proposals. A school district shall include in the request
for proposals a minimum of 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.
Section 30. Development of scope and performance criteria.
(a) A request for proposals under this Act shall be
developed with the assistance of a licensed design professional
and shall 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 of the school district's overall
programmatic needs and goals, including criteria and
preliminary design plans, general budget parameters, schedule,
and delivery requirements. Each request for proposals shall
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, shall be required by the school district to
be produced by the design-build entities.
(b) The scope and performance criteria shall be prepared by
a design professional who is an employee of the school district
or by an independent design professional selected under the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act contracted by the school district to
provide these services.

HB5593 Enrolled - 8 - LRB100 19685 AXK 34959 b
(c) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
design-build entity proposal for the project.
(d) 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.
Section 35. Selection committee.
(a) A school district that elects to use the design-build
delivery method under this Act shall establish a committee to
evaluate and select the design-build entity. The committee,
under the discretion of the school district, shall consist of
no less than 5 members and no more than 7 members and shall
include no less than one licensed design professional.
(b) Each member of the selection committee must certify for
each request for proposals that no conflict of interest exists
between the member and the design-build entities submitting
proposals. If a conflict is discovered before proposals are
reviewed, the member must be replaced before any review of
proposals. If a conflict is discovered after proposals are
reviewed, the member with the conflict shall be removed and, if
no less than 5 members remain, the remaining committee members
may complete the selection process.
Section 40. Procedures for selection.

HB5593 Enrolled - 9 - LRB100 19685 AXK 34959 b
(a) A school district electing to use the design-build
delivery method must use a 2-phase procedure for the selection
of the successful design-build entity. Phase I of the procedure
shall evaluate and shortlist the design-build entities based on
qualifications and Phase II of the procedure shall evaluate the
technical and cost proposals.
(b) A school district shall 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 that the school district has set forth.
Each request for proposals shall establish the relative
importance assigned to each evaluation factor and subfactor,
including any weighing of criteria to be employed by the school
district. A school district must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
(c) A school district shall include the following criteria
in every Phase I evaluation of design-build entities: (i)
experience of personnel; (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 entity; (vii) commitment to assign personnel for the
duration of the 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

HB5593 Enrolled - 10 - LRB100 19685 AXK 34959 b
for minority-owned and women-owned business enterprises
established by the corporate authorities of the school district
and in complying with Section 2-105 of the Illinois Human
Rights Act. A school district may include any additional
relevant criteria in Phase I that it deems necessary for a
proper qualification review. The school district may not
consider any 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,
a long-term leasehold, mutual performance, or development
contracts with the school district that may give the
design-build entity a financial or tangible advantage over
other design-build entities in the preparation, evaluation, or
performance of the design-build contract or that create the
appearance of impropriety. No design-build proposal shall be
considered that does not include a design-build entity's plan
to comply with the utilization goals established by the
corporate authorities of the school district for
minority-owned and women-owned business enterprises and with
Section 2-105 of the Illinois Human Rights Act.
(d) Upon completion of the qualifications evaluation, a
school district shall create a shortlist of the most highly
qualified design-build entities. A school district is not
required to shortlist the maximum number of entities as
identified for Phase II evaluation, provided that no less than
2 and no more than 6 design-build entities are selected to

HB5593 Enrolled - 11 - LRB100 19685 AXK 34959 b
submit Phase II proposals. A school district shall provide
written notification to the entities selected for the
shortlist. This notification shall commence the period for the
preparation of the Phase II technical and cost evaluations. A
school district must allow sufficient time for the shortlist
entities to prepare their Phase II submittals considering the
scope and detail requested by the school district.
(e) A school district shall include in the request for
proposals the evaluating factors to be used in the technical
and cost submission components of Phase II. Each request for
proposals shall establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighing of criteria to be employed by the school district. The
school district must maintain a record of the evaluation
scoring, to be disclosed in the event of a protest regarding
the solicitation.
(f) A school district shall include the following criteria
in every Phase II technical evaluation of design-build
entities: (i) compliance with objectives of the project; (ii)
compliance of proposed services to the request for proposals
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. A school
district may include any additional relevant technical

HB5593 Enrolled - 12 - LRB100 19685 AXK 34959 b
evaluation factors it deems necessary for proper selection. A
school district shall include the following criteria in every
Phase II cost evaluation: (I) the total project cost; (II) the
construction costs; and (III) the time of completion. A school
district may include any additional relevant evaluation
factors it deems necessary for proper selection. The total
project cost criteria weighing factor shall not exceed 30%.
(g) A school district shall directly employ or retain a
licensed design professional 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, a school district may award the design-build
contract to the highest overall ranked entity.
Section 45. Small projects. In any case where the total
overall cost of the project is estimated to be less than
$10,000,000, a school district may combine the 2-phase
procedure for selection under Section 40 of this Act into one
combined step; provided that all the requirements of evaluation
are performed in accordance with Section 40 of this Act.
Section 50. Submission of proposals.
(a) Proposals under this Act must be properly identified
and sealed. Proposals may not be reviewed until after the
deadline for submission has passed as set forth in the request

HB5593 Enrolled - 13 - LRB100 19685 AXK 34959 b
for proposals. All design-build entities submitting proposals
shall be disclosed after the deadline for submission, and all
design-build entities who are selected for Phase II evaluation
shall be disclosed at the time of that determination.
(b) Proposals shall include a bid bond in the form and
security as designated in the request for proposals. Proposals
shall also contain a separate sealed envelope with the cost
information within the overall proposal submission. Proposals
shall include a list of all design professionals and other
entities, in accordance with Section 30-30 of the Illinois
Procurement Code, to which any work may be subcontracted during
the performance of the contract.
(c) Proposals must meet all material requirements of the
request for proposals, or they may be rejected as
non-responsive. A school district shall have the right to
reject any and all proposals. The drawings and specifications
of the proposal shall remain the property of the design-build
entity. A school district shall 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 a school district, clear and
convincing evidence of error is required for withdrawal.
(d) After a proposal has been submitted in accordance with
this Act, a design-build entity may not replace, remove, or
otherwise modify any firm identified as a member of the
design-build team unless one of the following criteria is met:

HB5593 Enrolled - 14 - LRB100 19685 AXK 34959 b
(1) The firm is no longer in business.
(2) The firm is unable to fulfill its legal, financial,
or business obligations.
(3) The firm no longer meets the terms of the agreement
with the design-build entity.
(4) The firm voluntarily removes itself from the
design-build entity.
(5) The firm fails to provide a sufficient number of
qualified personnel to fulfill the duties identified in the
proposal.
(6) The firm fails to negotiate in good faith and in a
timely manner in accordance with the provisions
established in the agreement with the design-build entity.
If the design-build entity modifies the team, any cost
savings shall accrue to the school district and not to the
design-build entity. If a design-build entity is modified at
any time during the term of a design-build contract, the
design-build entity shall notify the State Board of Education
and the school district in writing within 15 calendar days of
making the change.
Section 55. Award. A school district may award the contract
to the highest overall ranked entity. A school district shall
provide a written notification to the awarded entity and all
unsuccessful entities of its decision. A school district may
not request a best and final offer after the receipt of

HB5593 Enrolled - 15 - LRB100 19685 AXK 34959 b
proposals. A school district may negotiate with the selected
design-build entity after the 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 proposal are not diminished.
Section 60. Reports. The design-build entity, regional
superintendent of schools, and State Board of Education shall
annually submit a detailed report to the General Assembly on
the status of projects procured under this Act, including
estimated and actual project costs, estimated and actual
project delivery schedules, estimated cost differences
resulting from the design-build delivery system over the
traditional design-bid-build delivery system, and any other
impacts resulting from the use of the design-build delivery
system. The report shall also document the design-build
entity's success in complying with the utilization goals
established by the corporate authorities of the school district
for minority-owned and women-owned business enterprises and
Section 2-105 of the Illinois Human Rights Act. The report
shall be filed with the Clerk of the House of Representatives
and the Secretary of the Senate in electronic form only, in the
manner that the Clerk and the Secretary shall direct.
Section 65. Compliance. All projects procured under this
Act using the design-build delivery method shall comply with

HB5593 Enrolled - 16 - LRB100 19685 AXK 34959 b
Section 2-3.12 of the School Code and shall be subject to
review and approval by the State Board of Education.
Section 90. Repeal. This Act is repealed on July 1, 2023.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.