Rep. Stephanie A. Kifowit

Filed: 5/21/2019

 

 


 

 


 
10100SB2120ham002LRB101 10535 RJF 60740 a

1
AMENDMENT TO SENATE BILL 2120

2    AMENDMENT NO. ______. Amend Senate Bill 2120 as follows:
 
3on page 9, immediately below line 25, by inserting the
4following:
 
5    "Section 15. The Illinois Procurement Code is amended by
6changing Sections 1-15.93 and 30-30 as follows:
 
7    (30 ILCS 500/1-15.93)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 1-15.93. Single prime. "Single prime" means the
10design-bid-build procurement delivery method for a building
11construction project in which the Capital Development Board is
12the construction agency procuring 2 or more subdivisions of
13work enumerated in paragraphs (1) through (5) of subsection (a)
14of Section 30-30 of this Code under a single contract. This
15Section is repealed on January 1, 2021 2020.

 

 

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1(Source: P.A. 99-257, eff. 8-4-15.)
 
2    (30 ILCS 500/30-30)
3    Sec. 30-30. Design-bid-build construction.
4    (a) The provisions of this subsection are operative through
5December 31, 2020 2019.
6    For building construction contracts in excess of $250,000,
7separate specifications may be prepared for all equipment,
8labor, and materials in connection with the following 5
9subdivisions of the work to be performed:
10        (1) plumbing;
11        (2) heating, piping, refrigeration, and automatic
12    temperature control systems, including the testing and
13    balancing of those systems;
14        (3) ventilating and distribution systems for
15    conditioned air, including the testing and balancing of
16    those systems;
17        (4) electric wiring; and
18        (5) general contract work.
19    The specifications may be so drawn as to permit separate
20and independent bidding upon each of the 5 subdivisions of
21work. All contracts awarded for any part thereof may award the
225 subdivisions of work separately to responsible and reliable
23persons, firms, or corporations engaged in these classes of
24work. The contracts, at the discretion of the construction
25agency, may be assigned to the successful bidder on the general

 

 

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1contract work or to the successful bidder on the subdivision of
2work designated by the construction agency before the bidding
3as the prime subdivision of work, provided that all payments
4will be made directly to the contractors for the 5 subdivisions
5of work upon compliance with the conditions of the contract.
6    Beginning on the effective date of this amendatory Act of
7the 101st 99th General Assembly and through December 31, 2020
82019, for single prime projects: (i) the bid of the successful
9low bidder shall identify the name of the subcontractor, if
10any, and the bid proposal costs for each of the 5 subdivisions
11of work set forth in this Section; (ii) the contract entered
12into with the successful bidder shall provide that no
13identified subcontractor may be terminated without the written
14consent of the Capital Development Board; (iii) the contract
15shall comply with the disadvantaged business practices of the
16Business Enterprise for Minorities, Women, and Persons with
17Disabilities Act and the equal employment practices of Section
182-105 of the Illinois Human Rights Act; (iv) the Capital
19Development Board shall submit a quarterly report to the
20Procurement Policy Board with information on the general scope,
21project budget, and established Business Enterprise Program
22goals for any single prime procurement bid in the previous 3
23months with a total construction cost valued at $10,000,000 or
24less; and (iv) (v) the Capital Development Board shall submit
25an annual report to the General Assembly and Governor on the
26bidding, award, and performance of all single prime projects.

 

 

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1    For building construction projects with a total
2construction cost valued at $5,000,000 or less, the Capital
3Development Board shall not use the single prime procurement
4delivery method for more than 50% of the total number of
5projects bid for each fiscal year. Any project with a total
6construction cost valued greater than $5,000,000 may be bid
7using single prime at the discretion of the Executive Director
8of the Capital Development Board.
9    Beginning on the effective date of this amendatory Act of
10the 99th General Assembly and through December 31, 2017, the
11Capital Development Board shall, on a weekly basis: review the
12projects that have been designed, and approved to bid; and, for
13every fifth determination to use the single prime procurement
14delivery method for a project under $10,000,000, submit to the
15Procurement Policy Board a written notice of its intent to use
16the single prime method on the project. The notice shall
17include the reasons for using the single prime method and an
18explanation of why the use of that method is in the best
19interest of the State. The Capital Development Board shall post
20the notice on its online procurement webpage and on the online
21Procurement Bulletin at least 3 business days following
22submission. The Procurement Policy Board shall review and
23provide its decision on the use of the single prime method for
24every fifth use of the single prime procurement delivery method
25for a project under $10,000,000 within 7 business days of
26receipt of the notice from the Capital Development Board.

 

 

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1Approval by the Procurement Policy Board shall not be
2unreasonably withheld and shall be provided unless the
3Procurement Policy Board finds that the use of the single prime
4method is not in the best interest of the State. Any decision
5by the Procurement Policy Board to disapprove the use of the
6single prime method shall be made in writing to the Capital
7Development Board, posted on the online Procurement Bulletin,
8and shall state the reasons why the single prime method was
9disapproved and why it is not in the best interest of the
10State.
11    (b) The provisions of this subsection are operative on and
12after January 1, 2021 2020. For building construction contracts
13in excess of $250,000, separate specifications shall be
14prepared for all equipment, labor, and materials in connection
15with the following 5 subdivisions 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 must be so drawn as to permit separate
26and independent bidding upon each of the 5 subdivisions of

 

 

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1work. All contracts awarded for any part thereof shall award
2the 5 subdivisions of work separately to responsible and
3reliable persons, firms, or corporations engaged in these
4classes of work. The contracts, at the discretion of the
5construction agency, may be assigned to the successful bidder
6on the general contract work or to the successful bidder on the
7subdivision of work designated by the construction agency
8before the bidding as the prime subdivision of work, provided
9that all payments will be made directly to the contractors for
10the 5 subdivisions of work upon compliance with the conditions
11of the contract.
12(Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)";
13and
 
14on page 10, lines 1 and 2, by replacing "January 1, 2020" with
15"December 15, 2019".