Ill. Admin. Code tit. 44, § 930.220 – Procurement Procedures for Construction Management Services Contracts

a) Construction management services may include, but are not limited to, the following:
1. 1) services provided in the planning and pre-construction phases of a construction project, including, but not limited to, consulting with, advising, assisting, and making recommendations to CDB and the architect, engineer, or licensed land surveyor on all aspects of planning for project construction; reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs; making, reviewing, and refining budget estimates based on CDB's program and other available information; soliciting the interest of capable contractors and analyzing the bids received; and preparing and maintaining a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and
2. 2) services provided in the construction phase of the project, including, but not limited to, maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project; directing the work as it is being performed for general conformance with working drawings and specifications; establishing procedures for coordinating among CDB, the A/E, contractors, and the construction manager with respect to all aspects of the project and implementing those procedures; maintaining job site records and making appropriate progress reports; implementing labor policy in conformance with the requirements of the public owner; reviewing the safety and equal opportunity programs of each contractor for conformance with the public owner's policy and making recommendations; reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract; making recommendations and processing requests for changes in the work and maintaining records of change orders; scheduling and conducting job meetings to ensure orderly progress of the work; developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors and providing periodic status reports to the owner and the A/E; and establishing and maintaining a cost control system and conducting meetings to review costs.
b) Public Notice. Whenever a project requiring construction management services is proposed for IDVA, CDB shall provide no less than a 14 calendar day advance notice published in a request for qualifications setting forth the projects and a description of the services to be procured, unless a different timeframe for providing advance notice is otherwise specified by CDB. Notice shall be published in CDB's Procurement Bulletin. The request for qualifications shall include a description of each project and shall also include the statement of qualifications form to be completed for each project. The public notice shall state the time and place for interested firms to submit a statement of qualifications. When CDB establishes additional criteria for a special project under 44 Ill. Adm. Code 990.140 (Prequalification of Construction Managers), the notice shall be published at least 30 calendar days before the date the special prequalification application or the statement of qualifications is due.
c) Submittal Requirements. The statement of qualifications submittal shall include the names of persons who will perform the services, including their project assignment or duties, as well as a resume of the experience and expertise that qualifies them to perform the assignment.
d) Selection Committee. The Executive Director shall appoint an agency employee to serve as chair of a selection committee. The selection committee chairman shall appoint a committee to recommend to the Executive Director and the Board a list of CMs qualified to perform the required services. This committee may be established for each selection and may be composed of standing members and rotating members from CDB staff. In addition to the CDB staff members, a representative from IDVA and one or more public members may be requested to be members of the committee.
e) Preliminary Evaluations. CDB may appoint staff members to perform a preliminary evaluation (prescreening) to provide a preliminary ranking of the CMs for the committee's consideration. This prescreening shall consider, among others, the relevant project experience of the prospective CMs and the expertise and experience of the firm and its staff to be assigned to the project if the firm is selected.
f) Evaluation Procedure
1. 1) The selection committee shall evaluate the CMs submitting statements of qualifications, and the selection committee may consider, but shall not be limited to, the following: ability of personnel; past record and experience; performance data on file, determined by review of the CM Performance Evaluations on previous CM projects, Performance Evaluations of the CM firm on projects in which it participated as an A/E or contractor, and any other related material; willingness to meet time requirements; location of the project relative to the firm's place of business; the results of preliminary evaluations performed by CDB staff; current workload of the CM and their prior selections by CDB; references; interviews conducted with the CMs; minority, women, and veteran participation; and any other qualifications-based factors as CDB may determine in writing are applicable. The selection committee may conduct discussions with and require presentations by CMs deemed to be the most qualified regarding their qualifications, approach to the project, and ability to furnish the required services.
2. 2) Before beginning review of the CM's statements of qualifications, the committee shall prepare a table of the factors the CMs will be rated on and the weight to be assigned to each factor. The table of factors, and the scores of each reviewed submittal, will be kept on file for no less than two years from the date of the selection.
3. 3) In no case shall the Board, CDB, or the selection committee, prior to selecting a CM for negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.
4. g) Interviews. CDB requires the selection committee to conduct interviews when the estimated value of the CM's basic services fee exceeds $300,000. The Executive Director may choose to conduct interviews for smaller projects under special circumstances. A minimum of three firms will be interviewed, unless fewer than three qualified CMs submit statements of qualifications for a specific project. The Executive Director may exempt any contract from requiring interviews.
5. h) Selection Procedure. On the basis of evaluations, discussions, and any presentations, the selection committee shall select no less than 3 firms it determines to be qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. If fewer than 3 firms submit statements of qualifications and the selection committee determines that one or both of those firms are so qualified, the CDB may proceed with the selection process. Board approval of these CMs shall be final and binding.
i) Contract Negotiation
1. 1) CDB shall prepare a written description of the scope of the proposed services to be used as a basis for negotiations and shall negotiate a contract with the highest ranked construction management firm at compensation that CDB determines in writing to be fair and reasonable. In making this decision, CDB shall take into account the estimated value, scope, complexity, and nature of the services to be rendered. In no case may CDB establish a payment formula designed to eliminate firms from contention or restrict competition or negotiation of fees.
2. 2) If CDB is unable to negotiate a satisfactory contract with the firm that is highest ranked, negotiations with that firm shall be terminated. CDB shall then begin negotiations with the firm that is next highest ranked. If CDB is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be terminated. CDB shall then begin negotiations with the firm that is next highest ranked.
3. 3) If CDB is unable to negotiate a satisfactory contract with any of the selected firms, CDB shall re-evaluate the construction management services requested, including the estimated value, scope, complexity, and fee requirements. The selection committee shall then compile a list of no fewer than 3 prequalified firms, if available, and proceed in accordance with the provisions of this Part.
4. j) Prohibited Conduct
  1. 1) No construction management services contract may be awarded by the Board on a negotiated basis as provided in this Part if the CM or an entity that controls, is controlled by, or shares common ownership or control with the CM:
    1. A) guarantees, warrants, or otherwise assumes financial responsibility for the work of others on the project;
    2. B) provides CDB with a guaranteed maximum price for the work of others on the project; or
    3. C) furnishes or guarantees a performance or payment bond for other contractors on the project.
  2. 2) In any such case, the contract for construction management services must be let by competitive bidding as in the case of contracts for construction work.
k) Procurement Limitations
1. 1) A CM cannot participate in a selection process if:
  1. A) it or a substantially affiliated firm is under contract, or in the process of contracting, with CDB for other goods or services required for the project; and
  2. B) the CM's duties will involve or relate to those goods or services.
2. 2) A CM selected to provide construction management services, or a substantially affiliated firm, may not bid on or otherwise be awarded a construction contract for the project.
3. 3) Notwithstanding the provisions of subsection (k)(1) and (2), when it is determined in writing by the Executive Director to be in the State's best interest, the CM may provide or perform, directly or through unrelated contractors, basic services for which reimbursement is provided in the general conditions of the CM contract, or any other goods or services that do not conflict with or give the appearance of conflicting with the CM's duties.
4. 4) A firm is substantially affiliated if any one or more of the individuals with more than 5% ownership interest and/or any officer or director of the CM firm and/or any individual authorized to sign bids, proposals or contracts for the CM firm owns or controls more than 5% of the affiliated firm and/or holds any of the above positions with the affiliated firm, or the affiliated firm shares more than 5% common ownership with the CM.
5. l) Publication of Award. The names of selected firms and the respective projects shall be published in CDB's Procurement Bulletin within 30 calendar days after the selection and award.