Summary as Introduced
Amends the Counties Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the county to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a county receives one Phase I response, nothing prohibits the county from proceeding with a Phase II evaluation of the single respondent, if the county, in its discretion, finds proceeding to be in its best interest. Amends the Illinois Municipal Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the municipality to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a municipality receives one response to Phase I, nothing shall prohibit the municipality from proceeding with a Phase II evaluation of the single respondent, if the municipality, in its discretion, finds proceeding to be in its best interest. Amends the Fire Protection District Act. Provides that the Act's competitive bidding provisions do not prohibit a fire protection district from entering into design-build contracts.
Staff Analysis
House Amendment 1
House Amendment 2 to House Bill 2894 proposes multiple updates to state statutes governing procurement, design-build projects, and professional service contract thresholds. The amendment significantly affects counties, municipalities, fire protection districts, and public universities.
Architectural, Engineering, and Land Surveying Qualifications-Based Selection Act
• Exempts contracts with a basic professional services fee below a specified threshold from certain procedural requirements (such as public notice, evaluation, and selection procedures).
• Sets this maximum estimated basic professional services fee at $40,000 for contracts entered into from the effective date through December 31, 2026.
• Starting January 1, 2027, the threshold is to be annually adjusted based on the Consumer Price Index for All Urban Consumers (CPI-U) and rounded to the nearest $10.
Counties Code and Illinois Municipal Code (Design-Build Projects)
• Removes the requirement that counties and municipalities develop preliminary design plans for design-build procurements. This could reduce administrative burdens and encourage broader project initiation.
• Prevents disqualification of design-build entities that have previously been awarded projects under Illinois public procurement laws—helping to expand the eligible pool of qualified vendors.
• Allows a county or municipality that receives only one Phase I proposal to proceed with Phase II evaluation at its discretion—enhancing flexibility in procurement.
Fire Protection District Act
• Clarifies that the competitive bidding requirements do not preclude fire protection districts from using design-build contracts, which may accelerate project timelines and consolidate responsibility.
Board of Higher Education Act
• Removes the requirement that state universities obtain Board of Higher Education approval for capital projects involving non-instructional facilities exceeding $2 million, giving institutions more autonomy over infrastructure planning.
Effective Date
• The changes take effect on July 1, 2025.
Impact on Counties and Other Local Governments
• Lower-cost professional service contracts (under $40,000) can proceed with fewer procedural hurdles, streamlining small projects.
• Design-build flexibility is increased across counties, municipalities, and fire districts, allowing these units to act with more discretion and efficiency.
• Counties can proceed with procurement even when only one bidder responds in Phase I, preserving project momentum.
• The measure enhances procurement efficiency, reduces administrative complexity, and broadens vendor eligibility across public bodies.
Overall, the amendment simplifies public procurement for certain types of contracts, supports more efficient project delivery methods, and provides local governments and universities with additional autonomy.