Illinois SB 2336: DESIGN BUILD-HIGHER EDUCATION

Bill Text

Full Text of SB2336 

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 Illinois General Assembly

 ILGA.GOV 

 SB2336 - 104th General Assembly 

Sen. Cristina Castro

Filed: 4/8/2025

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1AMENDMENT TO SENATE BILL 2336

2 AMENDMENT NO. ______. Amend Senate Bill 2336 by replacing 

3everything after the enacting clause with the following:

4 "Section 5. The Design-Build Procurement Act is amended by 

5changing Section 10 as follows:

6 (30 ILCS 537/10)

7 (Section scheduled to be repealed on January 1, 2026)

8 Sec. 10. Definitions. As used in this Act: 

9 "State construction agency" means the Capital Development 

10Board or, until January 1, 2028, in the case of a design-build 

11procurement for a public institution of higher education, the 

12public institution of higher education. On and after January 

131, 2028, a public institution of higher education is not 

14considered a State construction agency. 

15 "Delivery system" means the design and construction 

16approach used to develop and construct a project. 

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1 "Design-bid-build" means the traditional delivery system 

2used on public projects in this State that incorporates the 

3Architectural, Engineering, and Land Surveying Qualification 

4Based Selection Act (30 ILCS 535/) and the principles of 

5competitive selection in the Illinois Procurement Code (30 

6ILCS 500/). 

7 "Design-build" means a delivery system that provides 

8responsibility within a single contract for the furnishing of 

9architecture, engineering, land surveying and related services 

10as required, and the labor, materials, equipment, and other 

11construction services for the project. 

12 "Design-build contract" means a contract for a public 

13project under this Act between the State construction agency 

14and a design-build entity to furnish architecture, 

15engineering, land surveying, and related services as required, 

16and to furnish the labor, materials, equipment, and other 

17construction services for the project. The design-build 

18contract may be conditioned upon subsequent refinements in 

19scope and price and may allow the State construction agency to 

20make modifications in the project scope without invalidating 

21the design-build contract. 

22 "Design-build entity" means any individual, sole 

23proprietorship, firm, partnership, joint venture, corporation, 

24professional corporation, or other entity that proposes to 

25design and construct any public project under this Act. A 

26design-build entity and associated design-build professionals 

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1shall conduct themselves in accordance with the laws of this 

2State and the related provisions of the Illinois 

3Administrative Code, as referenced by the licensed design 

4professionals Acts of this State.

5 "Design professional" means any individual, sole 

6proprietorship, firm, partnership, joint venture, corporation, 

7professional corporation, or other entity that offers services 

8under the Illinois Architecture Practice Act of 1989 (225 ILCS 

9305/), the Professional Engineering Practice Act of 1989 (225 

10ILCS 325/), the Structural Engineering Licensing Act of 1989 

11(225 ILCS 340/), or the Illinois Professional Land Surveyor 

12Act of 1989 (225 ILCS 330/). 

13 "Evaluation criteria" means the requirements for the 

14separate phases of the selection process as defined in this 

15Act and may include the specialized experience, technical 

16qualifications and competence, capacity to perform, past 

17performance, experience with similar projects, assignment of 

18personnel to the project, and other appropriate factors. Price 

19may not be used as a factor in the evaluation of Phase I 

20proposals. 

21 "Proposal" means the offer to enter into a design-build 

22contract as submitted by a design-build entity in accordance 

23with this Act. 

24 "Public institution of higher education" has the meaning 

25ascribed in subsection (f) of Section 1-13 of the Illinois 

26Procurement Code. 

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1 "Request for proposal" means the document used by the 

2State construction agency to solicit proposals for a 

3design-build contract. 

4 "Scope and performance criteria" means the requirements 

5for the public project, including but not limited to, the 

6intended usage, capacity, size, scope, quality and performance 

7standards, life-cycle costs, and other programmatic criteria 

8that are expressed in performance-oriented and quantifiable 

9specifications and drawings that can be reasonably inferred 

10and are suited to allow a design-build entity to develop a 

11proposal. 

12(Source: P.A. 102-1119, eff. 1-23-23.)

13 (30 ILCS 537/90 rep.)

14 Section 10. The Design-Build Procurement Act is amended by 

15repealing Section 90.

16 Section 99. Effective date. This Act takes effect upon 

17becoming law