DESIGN BUILD PROCUREMENT ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3803

Introduced 2/6/2026, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

30 ILCS 537/5
30 ILCS 537/10
30 ILCS 537/90 rep.

Amends the Design-Build Procurement Act. Provides that certain
provisions of the Act are inoperative for public institutions of higher
education on and after January 1, 2028. Provides that certain provisions
of the Act are inoperative for the Department of Central Management
Services on and after January 1, 2027. Provides that, on and after January
1, 2028, a public institution on higher education shall not be considered a
State construction site under the Act. Removes provisions repealing the
Act on January 1, 2027. Effective immediately.
LRB104 19208 HLH 32653 b

A BILL FOR

SB3803
LRB104 19208 HLH 32653 b
1

AN ACT concerning finance.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Design-Build Procurement Act is amended by
5
changing Sections 5 and 10 as follows:

6

(30 ILCS 537/5)
7

(Section scheduled to be repealed on January 1, 2027)
8

Sec. 5.
Legislative policy.
It is the intent of the
9
General Assembly that the State construction agency be allowed
10
to use the design-build delivery method for public projects if
11
it is shown to be in the State's best interest for that
12
particular project. It shall be the policy of the State
13
construction agency in the procurement of design-build
14
services to publicly announce all requirements for
15
design-build services and to procure these services on the
16
basis of demonstrated competence and qualifications and with
17
due regard for the principles of competitive selection.
18

The State construction agency shall, prior to issuing
19
requests for proposals, promulgate and publish procedures for
20
the solicitation and award of contracts pursuant to this Act.
21

The State construction agency shall, for each public
22
project or projects permitted under this Act, make a written
23
determination, including a description as to the particular

SB3803
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LRB104 19208 HLH 32653 b
1
advantages of the design-build procurement method, that it is
2
in the best interests of this State to enter into a
3
design-build contract for the project or projects. In making
4
that determination, the following factors shall be considered:
5

(1) The probability that the design-build procurement
6

method will be in the best interests of the State by
7

providing a material savings of time or cost over the
8

design-bid-build or other delivery system.
9

(2) The type and size of the project and its
10

suitability to the design-build procurement method.
11

(3) The ability of the State construction agency to
12

define and provide comprehensive scope and performance
13

criteria for the project.
14

No State construction agency may use a design-build
15
procurement method unless the agency determines in writing
16
that the project will comply with the disadvantaged business
17
and equal employment practices of the State as established in
18
the Business Enterprise for Minorities, Women, and Persons
19
with Disabilities Act and Section 2-105 of the Illinois Human
20
Rights Act.
21

The State construction agency shall within 15 days after
22
the initial determination provide an advisory copy to the
23
Procurement Policy Board and maintain the full record of
24
determination for 5 years.
25

The provisions of this Section are inoperative for public
26
institutions of higher education on and after January 1, 2028.

SB3803
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LRB104 19208 HLH 32653 b
1
The provisions of this Section are inoperative for the
2
Department of Central Management Services on and after January
3
1, 2027.

4
(Source: P.A. 102-1119, eff. 1-23-23
.)

5

(30 ILCS 537/10)
6

(Section scheduled to be repealed on January 1, 2027)
7

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

"State construction agency" means the Capital Development
9
Board or,
until January 1, 2028,
in the case of a design-build
10
procurement for a public institution of higher education,
,
11
or, until January 1, 2027
the public institution of higher
12
education, or, in the case of a design-build procurement by
13
the Department of Central Management Services in accordance
14
with Section 405-217 of the Department of Central Management
15
Services Law of the Civil Administrative Code of Illinois, the
16
Department of Central Management Services.
On and after
17
January 1, 2028, a public institution of higher education is
18
not considered a State construction agency.

19

"Delivery system" means the design and construction
20
approach used to develop and construct a project.
21

"Design-bid-build" means the traditional delivery system
22
used on public projects in this State that incorporates the
23
Architectural, Engineering, and Land Surveying Qualification
24
Based Selection Act (30 ILCS 535/) and the principles of
25
competitive selection in the Illinois Procurement Code (30

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LRB104 19208 HLH 32653 b
1
ILCS 500/).
2

"Design-build" means a delivery system that provides
3
responsibility within a single contract for the furnishing of
4
architecture, engineering, land surveying and related services
5
as required, and the labor, materials, equipment, and other
6
construction services for the project.
7

"Design-build contract" means a contract for a public
8
project under this Act between the State construction agency
9
and a design-build entity to furnish architecture,
10
engineering, land surveying, and related services as required,
11
and to furnish the labor, materials, equipment, and other
12
construction services for the project. The design-build
13
contract may be conditioned upon subsequent refinements in
14
scope and price and may allow the State construction agency to
15
make modifications in the project scope without invalidating
16
the design-build contract.
17

"Design-build entity" means any individual, sole
18
proprietorship, firm, partnership, joint venture, corporation,
19
professional corporation, or other entity that proposes to
20
design and construct any public project under this Act. A
21
design-build entity and associated design-build professionals
22
shall conduct themselves in accordance with the laws of this
23
State and the related provisions of the Illinois
24
Administrative Code, as referenced by the licensed design
25
professionals Acts of this State.
26

"Design professional" means any individual, sole

SB3803
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LRB104 19208 HLH 32653 b
1
proprietorship, firm, partnership, joint venture, corporation,
2
professional corporation, or other entity that offers services
3
under the Illinois Architecture Practice Act of 1989 (225 ILCS
4
305/), the Professional Engineering Practice Act of 1989 (225
5
ILCS 325/), the Structural Engineering Licensing Act of 1989
6
(225 ILCS 340/), or the Illinois Professional Land Surveyor
7
Act of 1989 (225 ILCS 330/).
8

"Evaluation criteria" means the requirements for the
9
separate phases of the selection process as defined in this
10
Act and may include the specialized experience, technical
11
qualifications and competence, capacity to perform, past
12
performance, experience with similar projects, assignment of
13
personnel to the project, and other appropriate factors. Price
14
may not be used as a factor in the evaluation of Phase I
15
proposals.
16

"Proposal" means the offer to enter into a design-build
17
contract as submitted by a design-build entity in accordance
18
with this Act.
19

"Public institution of higher education" has the meaning
20
ascribed in subsection (f) of Section 1-13 of the Illinois
21
Procurement Code.
22

"Request for proposal" means the document used by the
23
State construction agency to solicit proposals for a
24
design-build contract.
25

"Scope and performance criteria" means the requirements
26
for the public project, including, but not limited to, the

SB3803
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LRB104 19208 HLH 32653 b
1
intended usage, capacity, size, scope, quality and performance
2
standards, life-cycle costs, and other programmatic criteria
3
that are expressed in performance-oriented and quantifiable
4
specifications and drawings that can be reasonably inferred
5
and are suited to allow a design-build entity to develop a
6
proposal.
7
(Source: P.A. 104-2, eff. 6-16-25.)

8

(30 ILCS 537/90 rep.)
9

Section 10.
The Design-Build Procurement Act is amended by
10
repealing Section 90.

11

Section 99.
Effective date.
This Act takes effect upon
12
becoming law.

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