SB 1827

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Full Text of SB1827
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	SB1827 - 104th General Assembly
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		SB1827 Enrolled		LRB104 10100 JDS 20172 b
1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Sections 5-45020 and 5-45025 as follows:
6    (55 ILCS 5/5-45020)
7    Sec. 5-45020. Development of scope and performance
8criteria.
9    (a) The county shall develop, with the assistance of a
10licensed design professional or public art designer, a request
11for proposal, which shall include scope and performance
12criteria. The scope and performance criteria must be in
13sufficient detail and contain adequate information to
14reasonably apprise the qualified design-build entities of the
15county's overall programmatic needs and goals, including
16criteria [and preliminary design plans], general budget
17parameters, schedule, and delivery requirements.
18    (b) Each request for proposal shall also include a
19description of the level of design to be provided in the
20proposals. This description must include the scope and type of
21renderings, drawings, and specifications that, at a minimum,
22will be required by the county to be produced by the
23design-build entities.
		SB1827 Enrolled	- 2 -	LRB104 10100 JDS 20172 b
1    (c) The scope and performance criteria shall be prepared
2by a design professional or public art designer who is an
3employee of the county, or the county may contract with an
4independent design professional or public art designer
5selected under the Local Government Professional Services
6Selection Act to provide these services.
7    (d) The design professional or public art designer that
8prepares the scope and performance criteria is prohibited from
9participating in any design-build entity proposal for the
10project.
11    (e) The design-build contract may be conditioned upon
12subsequent refinements in scope and price and may allow the
13county to make modifications in the project scope without
14invalidating the design-build contract.
15(Source: P.A. 102-954, eff. 1-1-23.)
16    (55 ILCS 5/5-45025)
17    Sec. 5-45025. Procedures for Selection.
18    (a) The county must use a two-phase procedure for the
19selection of the successful design-build entity. Phase I of
20the procedure will evaluate and shortlist the design-build
21entities based on qualifications, and Phase II will evaluate
22the technical and cost proposals.
23    (b) The county shall include in the request for proposal
24the evaluating factors to be used in Phase I. These factors are
25in addition to any prequalification requirements of
		SB1827 Enrolled	- 3 -	LRB104 10100 JDS 20172 b
1design-build entities that the county has set forth. Each
2request for proposal shall establish the relative importance
3assigned to each evaluation factor and subfactor, including
4any weighting of criteria to be employed by the county. The
5county must maintain a record of the evaluation scoring to be
6disclosed in event of a protest regarding the solicitation.
7    The county shall include the following criteria in every
8Phase I evaluation of design-build entities: (i) experience of
9personnel; (ii) successful experience with similar project
10types; (iii) financial capability; (iv) timeliness of past
11performance; (v) experience with similarly sized projects;
12(vi) successful reference checks of the firm; (vii) commitment
13to assign personnel for the duration of the project and
14qualifications of the entity's consultants; and (viii) ability
15or past performance in meeting or exhausting good faith
16efforts to meet the utilization goals for business enterprises
17established in the Business Enterprise for Minorities, Women,
18and Persons with Disabilities Act and with Section 2-105 of
19the Illinois Human Rights Act. The county may include any
20additional relevant criteria in Phase I that it deems
21necessary for a proper qualification review.
22    The county may not consider any design-build entity for
23evaluation or award if the entity has any pecuniary interest
24in the project or has other relationships or circumstances,
25including, but not limited to, long-term leasehold, mutual
26performance, or development contracts with the county, that
		SB1827 Enrolled	- 4 -	LRB104 10100 JDS 20172 b
1may give the design-build entity a financial or tangible
2advantage over other design-build entities in the preparation,
3evaluation, or performance of the design-build contract or
4that create the appearance of impropriety. A design-build 
5entity shall not be disqualified under this Section solely due 
6to having previously been awarded a project or projects under 
7any applicable public procurement statute of the State. No
8proposal shall be considered that does not include an entity's
9plan to comply with the requirements established in the
10Business Enterprise for Minorities, Women, and Persons with
11Disabilities Act, for both the design and construction areas
12of performance, and with Section 2-105 of the Illinois Human
13Rights Act. The proposal shall disclose the role of a licensed 
14design professional during the administration of the 
15design-build contract. Nothing in this Section shall prohibit 
16a county from engaging a licensed design professional during 
17the administration of a design-build contract if the county 
18believes that engaging the licensed design professional 
19benefits the project.
20    Upon completion of the qualifications evaluation, the
21county shall create a shortlist of the most highly qualified
22design-build entities. The county, in its discretion, is not
23required to shortlist the maximum number of entities as
24identified for Phase II evaluation, provided that no less than
252 design-build entities nor more than 6 are selected to submit
26Phase II proposals. If a county receives one response to Phase 
		SB1827 Enrolled	- 5 -	LRB104 10100 JDS 20172 b
1I, nothing in this Section shall prohibit the county from 
2proceeding with a Phase II evaluation of the single respondent 
3if the county, in its discretion, finds proceeding to be in its 
4best interest.
5    The county shall notify the entities selected for the
6shortlist in writing. This notification shall commence the
7period for the preparation of the Phase II technical and cost
8evaluations. The county must allow sufficient time for the
9shortlist entities to prepare their Phase II submittals
10considering the scope and detail requested by the county.
11    (c) The county shall include in the request for proposal
12the evaluating factors to be used in the technical and cost
13submission components of Phase II. Each request for proposal
14shall establish, for both the technical and cost submission
15components of Phase II, the relative importance assigned to
16each evaluation factor and subfactor, including any weighting
17of criteria to be employed by the county. The county must
18maintain a record of the evaluation scoring to be disclosed in
19event of a protest regarding the solicitation.
20    The county shall include the following criteria in every
21Phase II technical evaluation of design-build entities: (i)
22compliance with objectives of the project; (ii) compliance of
23proposed services to the request for proposal requirements;
24(iii) quality of products or materials proposed; (iv) quality
25of design parameters; (v) design concepts; (vi) innovation in
26meeting the scope and performance criteria; and (vii)
		SB1827 Enrolled	- 6 -	LRB104 10100 JDS 20172 b
1constructability of the proposed project. The county may
2include any additional relevant technical evaluation factors
3it deems necessary for proper selection.
4    The county shall include the following criteria in every
5Phase II cost evaluation: the total project cost, the
6construction costs, and the time of completion. The county may
7include any additional relevant technical evaluation factors
8it deems necessary for proper selection. The total project
9cost criteria weighting factor shall not exceed 30%.
10    The county shall directly employ or retain a licensed
11design professional or a public art designer to evaluate the
12technical and cost submissions to determine if the technical
13submissions are in accordance with generally accepted industry
14standards. Upon completion of the technical submissions and
15cost submissions evaluation, the county may award the
16design-build contract to the highest overall ranked entity.
17(Source: P.A. 102-954, eff. 1-1-23; 103-154, eff. 6-30-23.)
18    Section 10. The Illinois Municipal Code is amended by
19changing Sections 11-39.2-20 and 11-39.2-25 as follows:
20    (65 ILCS 5/11-39.2-20)
21    Sec. 11-39.2-20. Development of scope and performance
22criteria.
23    (a) The municipality must develop, with the assistance of
24a licensed design professional or public art designer, a
		SB1827 Enrolled	- 7 -	LRB104 10100 JDS 20172 b
1request for proposal, which must include scope and performance
2criteria. The scope and performance criteria must be in
3sufficient detail and contain adequate information to
4reasonably apprise the qualified design-build entities of the
5municipality's overall programmatic needs and goals, including
6criteria [and preliminary design plans], general budget
7parameters, schedule, and delivery requirements.
8    (b) Each request for proposal must also include a
9description of the level of design to be provided in the
10proposals. This description must include the scope and type of
11renderings, drawings, and specifications that, at a minimum,
12will be required by the municipality to be produced by the
13design-build entities.
14    (c) The scope and performance criteria must be prepared by
15a design professional or public art designer who is an
16employee of the municipality, or the municipality may contract
17with an independent design professional or public art designer
18selected under the Local Government Professional Services
19Selection Act to provide these services.
20    (d) The design professional or public art designer that
21prepares the scope and performance criteria is prohibited from
22participating in any design-build entity proposal for the
23project.
24    (e) The design-build contract may be conditioned upon
25subsequent refinements in scope and price and may allow the
26municipality to make modifications in the project scope
		SB1827 Enrolled	- 8 -	LRB104 10100 JDS 20172 b
1without invalidating the design-build contract.
2(Source: P.A. 103-491, eff. 1-1-24.)
3    (65 ILCS 5/11-39.2-25)
4    Sec. 11-39.2-25. Procedures for Selection.
5    (a) The municipality must use a two-phase procedure for
6the selection of the successful design-build entity. Phase I
7of the procedure will evaluate and shortlist the design-build
8entities based on qualifications, and Phase II will evaluate
9the technical and cost proposals.
10    (b) The municipality must include in the request for
11proposal the evaluating factors to be used in Phase I. These
12factors are in addition to any prequalification requirements
13of design-build entities that the municipality has set forth.
14Each request for proposal must establish the relative
15importance assigned to each evaluation factor and subfactor,
16including any weighting of criteria to be employed by the
17municipality. The municipality must maintain a record of the
18evaluation scoring to be disclosed in event of a protest
19regarding the solicitation.
20    The municipality must include the following criteria in
21every Phase I evaluation of design-build entities: (i)
22experience of personnel; (ii) successful experience with
23similar project types; (iii) financial capability; (iv)
24timeliness of past performance; (v) experience with similarly
25sized projects; (vi) successful reference checks of the firm;
		SB1827 Enrolled	- 9 -	LRB104 10100 JDS 20172 b
1(vii) commitment to assign personnel for the duration of the
2project and qualifications of the entity's consultants; and
3(viii) ability or past performance in meeting or exhausting
4good faith efforts to meet the utilization goals for business
5enterprises established in the Business Enterprise for
6Minorities, Women, and Persons with Disabilities Act and with
7Section 2-105 of the Illinois Human Rights Act. The
8municipality may include any additional, relevant criteria in
9Phase I that it deems necessary for a proper qualification
10review.
11    The municipality may not consider any design-build entity
12for evaluation or award if the entity has any pecuniary
13interest in the project or has other relationships or
14circumstances, such as long-term leasehold, mutual
15performance, or development contracts with the municipality,
16that may give the design-build entity a financial or tangible
17advantage over other design-build entities in the preparation,
18evaluation, or performance of the design-build contract or
19that create the appearance of impropriety. A design-build 
20entity shall not be disqualified under this Section solely due 
21to having previously been awarded a project or projects under 
22any applicable public procurement statute of the State. No
23proposal may be considered that does not include an entity's
24plan to comply with the requirements established in the
25Business Enterprise for Minorities, Women, and Persons with
26Disabilities Act, for both the design and construction areas
		SB1827 Enrolled	- 10 -	LRB104 10100 JDS 20172 b
1of performance, and with Section 2-105 of the Illinois Human
2Rights Act. The proposal shall disclose the role of a licensed 
3design professional during the administration of the 
4design-build contract. Nothing in this Section shall prohibit 
5a municipality from engaging a licensed design professional 
6during the administration of a design-build contract if the 
7municipality believes that engaging the licensed design 
8professional benefits the project.
9    Upon completion of the qualification evaluation, the
10municipality must create a shortlist of the most highly
11qualified design-build entities. The municipality, in its
12discretion, is not required to shortlist the maximum number of
13entities as identified for Phase II evaluation if no less than
142 design-build entities nor more than 6 are selected to submit
15Phase II proposals. If a municipality receives one response to 
16Phase I, nothing in this Section shall prohibit the 
17municipality from proceeding with a Phase II evaluation of the 
18single respondent if the municipality, in its discretion, 
19finds proceeding to be in its best interest.
20    The municipality must notify the entities selected for the
21shortlist in writing. This notification must commence the
22period for the preparation of the Phase II technical and cost
23evaluations. The municipality must allow sufficient time for
24the shortlist entities to prepare their Phase II submittals
25considering the scope and detail requested by the
26municipality.
		SB1827 Enrolled	- 11 -	LRB104 10100 JDS 20172 b
1    (c) The municipality must include in the request for
2proposal the evaluating factors to be used in the technical
3and cost submission components of Phase II. Each request for
4proposal must establish, for both the technical and cost
5submission components of Phase II, the relative importance
6assigned to each evaluation factor and subfactor, including
7any weighting of criteria to be employed by the municipality.
8The municipality must maintain a record of the evaluation
9scoring to be disclosed in event of a protest regarding the
10solicitation.
11    The municipality must include the following criteria in
12every Phase II technical evaluation of design-build entities:
13(i) compliance with objectives of the project; (ii) compliance
14of proposed services to the request for proposal requirements;
15(iii) quality of products or materials proposed; (iv) quality
16of design parameters; (v) design concepts; (vi) innovation in
17meeting the scope and performance criteria; and (vii)
18constructability of the proposed project. The municipality may
19include any additional relevant technical evaluation factors
20it deems necessary for proper selection.
21    The municipality must include the following criteria in
22every Phase II cost evaluation: the total project cost, the
23construction costs, and the time of completion. The
24municipality may include any additional relevant technical
25evaluation factors it deems necessary for proper selection.
26The total project cost criteria weighting factor may not
		SB1827 Enrolled	- 12 -	LRB104 10100 JDS 20172 b
1exceed 30%.
2    The municipality must directly employ or retain a licensed
3design professional or a public art designer to evaluate the
4technical and cost submissions to determine if the technical
5submissions are in accordance with generally accepted industry
6standards. Upon completion of the technical submissions and
7cost submissions evaluation, the municipality may award the
8design-build contract to the highest overall ranked entity.
9(Source: P.A. 103-491, eff. 1-1-24.)
10    Section 15. The Fire Protection District Act is amended by
11changing Section 11k as follows:
12    (70 ILCS 705/11k)
13    Sec. 11k. Competitive bidding; notice requirements.
14    (a) The board of trustees shall have the power to acquire
15by gift, legacy, or purchase any personal property necessary
16for its corporate purposes provided that all contracts for
17supplies, materials, or work involving an expenditure in
18excess of $20,000 shall be let to the lowest responsible
19bidder after advertising as required under subsection (b) of
20this Section; except that, if the board of trustees seeks to
21purchase equipment directly from a dealer or an original
22manufacturer in excess of $50,000, then the contract for
23purchase shall be let to the lowest responsible bidder after
24advertising as required under subsection (b) of this Section.
		SB1827 Enrolled	- 13 -	LRB104 10100 JDS 20172 b
1The board is not required to accept a bid that does not meet
2the district's established specifications, terms of delivery,
3quality, and serviceability requirements. Contracts which, by
4their nature, are not adapted to award by competitive bidding,
5are not subject to competitive bidding, including, but not
6limited to:
7        (1) contracts for the services of individuals
8    possessing a high degree of professional skill where the
9    ability or fitness of the individual plays an important
10    part;
11        (2) contracts for the printing of finance committee
12    reports and departmental reports;
13        (3) contracts for the printing or engraving of bonds,
14    tax warrants, and other evidences of indebtedness;
15        (4) contracts for the maintenance or servicing of, or
16    provision of repair parts for, equipment which are made
17    with the manufacturer or authorized service agent of that
18    equipment where the provision of parts, maintenance, or
19    servicing can best be performed by the manufacturer or
20    authorized service agent, or which involve proprietary
21    parts or technology not otherwise available;
22        (5) purchases and contracts for the use, purchase,
23    delivery, movement, or installation of data processing
24    equipment, software, or services and telecommunications
25    and interconnect equipment, software, and services;
26        (6) contracts for duplicating machines and supplies;
		SB1827 Enrolled	- 14 -	LRB104 10100 JDS 20172 b
1        (7) contracts for utility services such as water,
2    light, heat, telephone or telegraph;
3        (8) contracts for goods or services procured from
4    another governmental agency;
5        (9) purchases of equipment previously owned by some
6    entity other than the district itself; and
7        (10) contracts for goods or services which are
8    economically procurable from only one source, such as for
9    the purchase of magazines, books, periodicals, pamphlets,
10    reports, and online subscriptions.
11    Contracts for emergency expenditures are also exempt from
12competitive bidding when the emergency expenditure is approved
13by a vote of 3/4 of the members of the board.
14    (b) Except as otherwise provided in subsection (a) of this
15Section, all proposals to award contracts involving amounts in
16excess of $20,000 shall be published at least 10 days,
17excluding Sundays and legal holidays, in advance of the date
18announced for the receiving of bids, in a secular English
19language newspaper of general circulation throughout the
20district. In addition, a fire protection district that has a
21website that the full-time staff of the district maintains
22shall post notice on its website of all proposals to award
23contracts in excess of $20,000. Advertisements for bids shall
24describe the character of the proposed contract or agreement
25in sufficient detail to enable the bidders thereon to know
26what their obligations will be, either in the advertisement
		SB1827 Enrolled	- 15 -	LRB104 10100 JDS 20172 b
1itself, or by reference to detailed plans and specifications
2on file at the time of the publication of the first
3announcement. Such advertisement shall also state the date,
4time and place assigned for the opening of bids, and no bids
5shall be received at any time subsequent to the time indicated
6in the announcement. All competitive bids for contracts
7involving an expenditure in excess of $20,000 must be sealed
8by the bidder and must be opened by a member of the board or an
9employee of the district at a public bid opening at which the
10contents of the bids must be announced. Each bidder must
11receive at least 3 days' notice of the time and place of the
12bid opening.
13    (c) In addition to contracts entered into under the
14Governmental Joint Purchasing Act, a board of trustees may
15enter into contracts for supplies, materials, or work
16involving an expenditure in excess of $20,000 through
17participation in a joint governmental or nongovernmental
18purchasing program that requires as part of its selection
19procedure a competitive solicitation and procurement process.
20    (d) Subject to the exceptions under subsections (a) and
21(c), any procurement by a board of trustees involving the
22acquisition, by direct or beneficial ownership, of
23improvements to real estate by a fire protection district
24which results in an expenditure of district funds in excess of
25$20,000 must be competitively bid in accordance with the
26procedures of subsection (b).
		SB1827 Enrolled	- 16 -	LRB104 10100 JDS 20172 b
1    (e) Nothing in this Section prohibits a fire protection 
2district from entering into design-build contracts. Fire 
3protection districts are authorized to use a design-build 
4contracting method for construction if a competitive process 
5consistent with the purpose of this Section is used in 
6connection with the selection of the design-builder.
7(Source: P.A. 102-138, eff. 1-1-22; 102-558, eff 8-20-21;
8103-634, eff. 1-1-25.)
9    Section 99. Effective date. This Act takes effect July 1,
102025.