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SB 1827

FIRE DISTRICTS--DESIGN-BUILD

104th Regular Session Introduced by Anthony DeLuca and 4 co-sponsors

Authorizes design-build for Illinois fire protection districts and local govs, with two-phase selection, clear RFP criteria, cost cap, and MWDBE safeguards.

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Bill Summary · SB 1827

Summary — SB 1827 (Public Act 104‑0395) — "Fire Districts — Design‑Build"

Status: Enacted (Public Act 104‑0395); Governor approved August 15, 2025; Effective August 15, 2025.
Primary sponsors: Sen. Mike Porfirio; Rep. Jay Hoffman (House sponsor). Companion: HB 5147.

Purpose / Intent

SB 1827 updates Illinois law to clarify and expand use of the design‑build procurement method for local government construction projects. It revises procedures in the Counties Code and Illinois Municipal Code governing preparation of scope/performance criteria and two‑phase selection of design‑build teams, and (by amendment) expressly authorizes fire protection districts to use design‑build despite existing competitive bidding provisions.

Key provisions

  • Statutory changes: amends 55 ILCS 5/5‑45020 and 5/5‑45025 (Counties Code) and parallel provisions in the Illinois Municipal Code; modifies the Fire Protection District Act to permit design‑build contracting.
  • Scope and performance criteria:
    • Counties/municipalities must prepare a Request for Proposal (RFP) with scope and performance criteria (with assistance from a licensed design professional or public art designer).
    • The RFP must describe the required level of design in proposals (renderings, drawings, specifications).
    • The design professional who prepares the criteria may be a county/municipal employee or contracted under the Local Government Professional Services Selection Act, but that professional is prohibited from participating in proposals for the project.
    • Design‑build contracts may be conditioned on later refinements in scope and price and may be modified without invalidating the contract.
  • Two‑phase procurement/selection:
    • Phase I: qualifications‑based shortlisting of design‑build entities. Required evaluation factors include personnel experience; prior similar projects; financial capability; timeliness of past performance; firm references; commitment to assign personnel; consultant qualifications; and efforts to meet Business Enterprise for Minorities, Women, and Persons with Disabilities Act goals and Illinois Human Rights Act §2‑105.
    • Shortlist must include at least 2 and no more than 6 entities for Phase II. However, if only one Phase I response is received, the county/municipality may proceed to Phase II at its discretion.
    • Entities are barred from consideration if they have pecuniary interests or other relationships that would give an unfair advantage or the appearance of impropriety; but prior awards under state public procurement statutes alone do not disqualify an entity.
    • Phase II: evaluation of technical and cost proposals. Required technical criteria include compliance with project objectives, quality of materials/design, innovation, and constructability. Cost evaluation must consider total project cost, construction costs, and time to completion; the weighting for total project cost cannot exceed 30%.
    • Counties/municipalities must keep evaluation records for protest purposes and must employ or retain a licensed design professional/public art designer to evaluate technical and cost submissions against industry standards.
  • Fire protection districts: Senate amendment expressly provides that competitive bidding rules in the Fire Protection District Act do not prohibit fire protection districts from entering design‑build contracts, subject to a competitive process consistent with the Act.

Who is affected

  • Local governments: counties, municipalities, and (explicitly) fire protection districts.
  • Design‑build entities and design professionals: changes affect qualification, proposal content, and allowable participation.
  • Minority/Women/Disabled business enterprise programs: firms must include MWDBE compliance plans for both design and construction portions.
  • Procurement and legal staff: required recordkeeping and adherence to two‑phase process and evaluation rules.

Procedural / timeline notes

  • Enacted as Public Act 104‑0395; Governor approved and effective August 15, 2025.
  • Maintains two‑phase (qualifications then technical/cost) evaluation structure, with explicit rules on evaluation criteria, shortlist size (2–6), and cost weighting (total cost ≤ 30% weight).
  • RFPs must specify evaluation factors and weightings; counties/municipalities must allow reasonable preparation time for Phase II submittals.

This Act standardizes and clarifies use of design‑build by local public bodies while preserving procurement safeguards (qualification standards, MWDBE requirements, independent design review, and protest recordkeeping).

Compiled from official sources — confirm details with the bill’s official record.

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