101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1950

 

Introduced 2/15/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-15.25
30 ILCS 500/1-15.93
30 ILCS 500/30-30

    Amends the Illinois Procurement Code. Modifies the term "construction agency" to clarify the meaning of State agency as used under that term. Modifies the term "single prime" to mean the design-bid-build procurement delivery method for a building construction project in which the construction agency (currently, the Capital Development Board is the construction agency) procures 2 or more specified subdivisions of work. Extends the repeal of the Section defining "single prime" from January 1, 2020 to January 1, 2030. Modifies a Section concerning design-bid-build construction. Changes references concerning the Capital Development Board to construction agency for purposes of requirements under the Section. Provides that for single prime projects, among other requirements, annual (rather than quarterly) reports shall be submitted to the Procurement Policy Board with information on the general scope, project budget, and established Business Enterprise Program goals for any single prime procurement bid in the previous 12 (currently, 3) months. Provides that use of the single prime procurement delivery method shall not exceed 50% of the total number of projects with total construction cost valued at $5,000,000 or less. Provides that a construction agency shall post notice of its intent to use the single prime method on a project on its online Procurement Bulletin at least 7 (currently, 3) business days following submission of such notice to the Procurement Policy Board. Makes conforming changes.


LRB101 10718 RJF 55830 b

 

 

A BILL FOR

 

SB1950LRB101 10718 RJF 55830 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 1-15.25, 1-15.93, and 30-30 as follows:
 
6    (30 ILCS 500/1-15.25)
7    Sec. 1-15.25. Construction agency. "Construction agency"
8means the Capital Development Board for construction or
9remodeling of State-owned facilities; the Illinois Department
10of Transportation for construction or maintenance of roads,
11highways, bridges, and airports; the Illinois Toll Highway
12Authority for construction or maintenance of toll highways; the
13Illinois Power Agency for construction, maintenance, and
14expansion of Agency-owned facilities, as defined in Section
151-10 of the Illinois Power Agency Act; and any other State
16agency, as defined in Sec. 1-15.100, entering into construction
17contracts as authorized by law or by delegation from the chief
18procurement officer.
19(Source: P.A. 95-481, eff. 8-28-07.)
 
20    (30 ILCS 500/1-15.93)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 1-15.93. Single prime. "Single prime" means the

 

 

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1design-bid-build procurement delivery method for a building
2construction project in which the Capital Development Board is
3the construction agency procures procuring 2 or more
4subdivisions of work enumerated in paragraphs (1) through (5)
5of subsection (a) of Section 30-30 of this Code under a single
6contract. This Section is repealed on January 1, 2030 2020.
7(Source: P.A. 99-257, eff. 8-4-15.)
 
8    (30 ILCS 500/30-30)
9    Sec. 30-30. Design-bid-build construction.
10    (a) The provisions of this subsection are operative through
11December 31, 2019.
12    For building construction contracts in excess of $250,000,
13separate specifications may be prepared for all equipment,
14labor, and materials in connection with the following 5
15subdivisions of the work to be performed:
16        (1) plumbing;
17        (2) heating, piping, refrigeration, and automatic
18    temperature control systems, including the testing and
19    balancing of those systems;
20        (3) ventilating and distribution systems for
21    conditioned air, including the testing and balancing of
22    those systems;
23        (4) electric wiring; and
24        (5) general contract work.
25    The specifications may be so drawn as to permit separate

 

 

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1and independent bidding upon each of the 5 subdivisions of
2work. All contracts awarded for any part thereof may award the
35 subdivisions of work separately to responsible and reliable
4persons, firms, or corporations engaged in these classes of
5work. The contracts, at the discretion of the construction
6agency, may be assigned to the successful bidder on the general
7contract work or to the successful bidder on the subdivision of
8work designated by the construction agency before the bidding
9as the prime subdivision of work, provided that all payments
10will be made directly to the contractors for the 5 subdivisions
11of work upon compliance with the conditions of the contract.
12    Beginning on the effective date of this amendatory Act of
13the 101st 99th General Assembly and through June 30, 2030
14December 31, 2019, for single prime projects: (i) the bid of
15the successful low bidder shall identify the name of the
16subcontractor, if any, and the bid proposal costs for each of
17the 5 subdivisions of work set forth in this Section; (ii) the
18contract entered into with the successful bidder shall provide
19that no identified subcontractor may be terminated without the
20written consent of the construction agency Capital Development
21Board; (iii) the contract shall comply with the disadvantaged
22business practices of the Business Enterprise for Minorities,
23Women, and Persons with Disabilities Act and the equal
24employment practices of Section 2-105 of the Illinois Human
25Rights Act; (iv) annual reports shall be submitted the Capital
26Development Board shall submit a quarterly report to the

 

 

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1Procurement Policy Board with information on the general scope,
2project budget, and established Business Enterprise Program
3goals for any single prime procurement bid in the previous 12 3
4months with a total construction cost valued at $10,000,000 or
5less; and (v) the Construction agency Capital Development Board
6shall submit an annual report to the General Assembly and
7Governor on the bidding, award, and performance of all single
8prime projects.
9    Use of the single prime procurement delivery method shall
10not exceed 50% of the total number of projects with total
11construction cost valued at $5,000,000 or less. For building
12construction projects with a total construction cost valued at
13$5,000,000 or less, the Capital Development Board shall not use
14the single prime procurement delivery method for more than 50%
15of the total number of projects bid for each fiscal year. Any
16project with a total construction cost valued greater than
17$5,000,000 may be bid using single prime at the discretion of
18the Executive Director of the Capital Development Board.
19    Beginning on the effective date of this amendatory Act of
20the 101st 99th General Assembly and through June 30, 2030
21December 31, 2017, the construction agency Capital Development
22Board shall, on a weekly basis: review the projects that have
23been designed, and approved to bid; and, for every fifth
24determination to use the single prime procurement delivery
25method for a project under $10,000,000, submit to the
26Procurement Policy Board a written notice of its intent to use

 

 

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1the single prime method on the project. The notice shall
2include the reasons for using the single prime method and an
3explanation of why the use of that method is in the best
4interest of the State. The construction agency Capital
5Development Board shall post the notice on its online
6procurement webpage and on the online Procurement Bulletin at
7least 7 3 business days following submission. The Procurement
8Policy Board shall review and provide its decision on the use
9of the single prime method for every fifth use of the single
10prime procurement delivery method for a project under
11$10,000,000 within 7 business days of receipt of the notice
12from the Capital Development Board. Approval by the Procurement
13Policy Board shall not be unreasonably withheld and shall be
14provided unless the Procurement Policy Board finds that the use
15of the single prime method is not in the best interest of the
16State. Any decision by the Procurement Policy Board to
17disapprove the use of the single prime method shall be made in
18writing to the Capital Development Board, posted on the online
19Procurement Bulletin, and shall state the reasons why the
20single prime method was disapproved and why it is not in the
21best interest of the State.
22    (b) The provisions of this subsection are operative on and
23after January 1, 2020. For building construction contracts in
24excess of $250,000, separate specifications shall be prepared
25for all equipment, labor, and materials in connection with the
26following 5 subdivisions of the work to be performed:

 

 

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1        (1) plumbing;
2        (2) heating, piping, refrigeration, and automatic
3    temperature control systems, including the testing and
4    balancing of those systems;
5        (3) ventilating and distribution systems for
6    conditioned air, including the testing and balancing of
7    those systems;
8        (4) electric wiring; and
9        (5) general contract work.
10    The specifications must be so drawn as to permit separate
11and independent bidding upon each of the 5 subdivisions of
12work. All contracts awarded for any part thereof shall award
13the 5 subdivisions of work separately to responsible and
14reliable persons, firms, or corporations engaged in these
15classes of work. The contracts, at the discretion of the
16construction agency, may be assigned to the successful bidder
17on the general contract work or to the successful bidder on the
18subdivision of work designated by the construction agency
19before the bidding as the prime subdivision of work, provided
20that all payments will be made directly to the contractors for
21the 5 subdivisions of work upon compliance with the conditions
22of the contract.
23(Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)