§ 91.031 DESIGN/BUILD.
   (A)   The Board may authorize, by the affirmative vote of two-thirds of the then members of the Board, the use of competitive selection and the prequalification of responsible bidders consistent with the applicable federal regulations, state statutes and the guidance provided here.
   (B)   Two-phase design/build selection procedures shall consist of the following.
      (1)   CRD shall develop, through licensed architects or licensed engineers, a scope of work statement for inclusion in the solicitation for phase-one proposals that defines the project and provides prospective offerors with sufficient information regarding the CRD’s requirements. The statement shall include criteria and preliminary design, and general budget parameters and general schedule or delivery requirements to enable the offerors to submit proposals which meet the CRD’s needs. When the two-phase design/build selection procedure is used and the CRD contracts for development of the scope of work statement, the Service Board shall contract for architectural or engineering services as defined by and in accordance with the Architectural, Engineering and Land Surveying Qualifications Based Selection Act (30 ILCS 535/1 et seq.) and all applicable licensing statutes.
      (2)   The evaluation factors to be used in evaluating phase-one proposals must be stated in the solicitation and must include specialized experience and technical competence, capability to perform, past performance of the offeror’s team (including the architect-engineer and construction members of the team) and other appropriate technical and qualifications factors. Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-one proposals on the basis of the evaluation factors set forth in the solicitation. Each design/build team must include a licensed design professional independent from the CRD’s licensed architect or professional engineer and the licensed design professional must be named in the phase-one proposals submitted to the Service Board.
      (3)   (a)   On the basis of the phase-one proposal, the CRD shall select as the most highly qualified the number of offerors specified in the solicitation and request the selected offerors to submit phase-two competitive proposals and cost or price information. Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-two proposals on the basis of the evaluation factors set forth in the solicitation. CRD may negotiate with the selected design/build team after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided the salient features of the design/build solicitation are not diminished.
         (b)   Each phase-two solicitation evaluates separately:
            1.   The technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work; and
            2.   The evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals.
      (4)   A design/build solicitation issued under these procedures shall state the maximum number of offerors that are to be selected to submit competitive phase-two proposals. The maximum number specified in the solicitation shall not exceed five unless the CRD, with respect to an individual solicitation, determines that a specified number greater than five is in the best interest of the CRD and is consistent with the purposes and objectives of the two-phase design/build selection process.
      (5)   All designs submitted as part of the two-phase selection process and not selected shall be proprietary to the preparers. CRD may offer a stipend.
(Res. MET 19-03, passed 3-20-2019)