HB 372 is sponsored by Frank J. Mautino.

Where can I track HB 372?

Track HB 372 free on One Click Politics — get push/email alerts when it moves.

Illinois 96th Regular Session Status: Enacted

HB 372 — DESIGN-BUILD-NO REPEAL

Last action June 30, 2009 — Public Act . . . . . . . . . 96-0021

Track this bill free

No card. One bill, free forever — alerts when it moves.

✓
Introduced
✓
In Committee
✓
Passed House
✓
Passed Senate
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced January 29, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

0 primary, 1 co-sponsors signed on.
Cleared a recorded vote

Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Design-Build Procurement Act. Eliminates the Act's July 1, 2009 repeal provision. Effective immediately.

Bill Text

What changed in the latest version

112 added · 8 removed

Plain-language change summary

The latest version of Bill HB 372 includes new procedures for selecting design-build entities, making it more structured and transparent. The State construction agency must now evaluate candidates in two phases: first, assessing qualifications and then reviewing technical and cost proposals. Additionally, the agency is required to disclose specific evaluation criteria and scoring records, which helps ensure accountability in the selection process. These changes are significant because they promote fairness and clarity in how projects are awarded, potentially leading to better outcomes for construction projects.

HB0372 ~~Engrossed~~Enrolled LRB096 04520 JAM 14574 b AN ACT concerning finance.

The Design-Build Procurement Act is amended by changing ~~Section~~Sections 30 and 90 as follows:

(30 ILCS ~~537/90)~~537/30) (Section scheduled to be repealed on July 1, 2009) Sec.

30.

Procedures for Selection.

(a) The State construction agency must use a two-phase procedure for the selection of the successful design-build entity.

Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals.

(b) The State construction agency 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 agency has set forth.

Each request for proposal 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.

HB0372 Enrolled - 2 - LRB096 04520 JAM 14574 b The State construction agency shall include the following criteria in every Phase I evaluation of 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, Females, 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 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 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 proposal shall be considered that does not include an entity's plan to comply with the HB0372 Enrolled - 3 - LRB096 04520 JAM 14574 b requirements established in the Business Enterprise for Minorities, Females, 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 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 design-build entities nor more than 6 are selected to submit Phase II proposals.

The State construction agency shall notify the entities selected for the shortlist in writing.

This notification shall commence the period for the preparation of the Phase II technical and cost evaluations.

The State construction agency must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the State agency.

(c) The State construction agency shall 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 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 weighting of criteria to be employed by the State HB0372 Enrolled - 4 - LRB096 04520 JAM 14574 b 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 technical evaluation of design-build entities:

(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 State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.

Show all 50 changed lines (10 more)

The State construction agency shall include the following criteria in every Phase II cost evaluation:

the total project cost, the construction costs, and the time of completion.

The State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.

The total project cost criteria weighing factor shall be 25%.

The State construction agency 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 HB0372 Enrolled - 5 - LRB096 04520 JAM 14574 b submissions evaluation, the State construction agency may award the design-build contract to the highest overall ranked entity.

(Source:

P.A.

94-716, eff.

12-13-05.) (30 ILCS 537/90) (Section scheduled to be repealed on July 1, 2009) Sec.

Latest

HB0372 ~~Engrossed~~ LRB096 04520 JAM 14574 b AN ACT concerning finance.

HB0372 Enrolled LRB096 04520 JAM 14574 b AN ACT concerning finance.

The Design-Build Procurement Act is amended by changing ~~Section~~ 90 as follows:

The Design-Build Procurement Act is amended by changing Sections 30 and 90 as follows:

(30 ILCS ~~537/90)~~ (Section scheduled to be repealed on July 1, 2009) Sec.

(30 ILCS 537/30) (Section scheduled to be repealed on July 1, 2009) Sec.