Sen. Antonio Muņoz

Filed: 5/27/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3497

2    AMENDMENT NO. ______. Amend House Bill 3497 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 30-30 and by adding Section 1-15.93 as
6follows:
 
7    (30 ILCS 500/1-15.93 new)
8    Sec. 1-15.93. Single prime. "Single prime" means the
9design-bid-build procurement delivery method for a building
10construction project in which the Capital Development Board is
11the construction agency procuring 2 or more subdivisions of
12work enumerated in paragraphs (1) through (5) of subsection (a)
13of Section 30-30 of this Code under a single contract. This
14Section is repealed on January 1, 2020.
 
15    (30 ILCS 500/30-30)

 

 

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1    Sec. 30-30. Design-bid-build construction. Contracts in
2excess of $250,000.
3    (a) The provisions of this subsection are operative through
4December 31, 2019.
5    For building construction contracts in excess of $250,000,
6separate specifications may shall be prepared for all
7equipment, labor, and materials in connection with the
8following 5 subdivisions of the work to be performed:
9        (1) plumbing;
10        (2) heating, piping, refrigeration, and automatic
11    temperature control systems, including the testing and
12    balancing of those systems;
13        (3) ventilating and distribution systems for
14    conditioned air, including the testing and balancing of
15    those systems;
16        (4) electric wiring; and
17        (5) general contract work.
18    The specifications may must be so drawn as to permit
19separate and independent bidding upon each of the 5
20subdivisions of work. All contracts awarded for any part
21thereof may shall award the 5 subdivisions of work separately
22to responsible and reliable persons, firms, or corporations
23engaged in these classes of work. The contracts, at the
24discretion of the construction agency, may be assigned to the
25successful bidder on the general contract work or to the
26successful bidder on the subdivision of work designated by the

 

 

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1construction agency before the bidding as the prime subdivision
2of work, provided that all payments will be made directly to
3the contractors for the 5 subdivisions of work upon compliance
4with the conditions of the contract.
5    Beginning on the effective date of this amendatory Act of
6the 99th General Assembly and through December 31, 2019, for
7single prime projects: (i) the bid of the successful low bidder
8shall identify the name of the subcontractor, if any, and the
9bid proposal costs for each of the 5 subdivisions of work set
10forth in this Section; (ii) the contract entered into with the
11successful bidder shall provide that no identified
12subcontractor may be terminated without the written consent of
13the Capital Development Board; (iii) the contract shall comply
14with the disadvantaged business practices of the Business
15Enterprise for Minorities, Females, and Persons with
16Disabilities Act and the equal employment practices of Section
172-105 of the Illinois Human Rights Act; (iv) the Capital
18Development Board shall submit a quarterly report to the
19Procurement Policy Board with information on the general scope,
20project budget, and established Business Enterprise Program
21goals for any single prime procurement bid in the previous 3
22months with a total construction cost valued at $10,000,000 or
23less; and (v) the Capital Development Board shall submit an
24annual report to the General Assembly and Governor on the
25bidding, award, and performance of all single prime projects.
26    For building construction projects with a total

 

 

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1construction cost valued at $5,000,000 or less, the Capital
2Development Board shall not use the single prime procurement
3delivery method for more than 50% of the total number of
4projects bid for each fiscal year. Any project with a total
5construction cost valued greater than $5,000,000 may be bid
6using single prime at the discretion of the Executive Director
7of Capital Development Board.
8    Beginning the effective date of this amendatory Act of the
999th General Assembly and through December 31, 2017, the
10Capital Development Board shall, on a weekly basis: review the
11projects that have been designated and approved to bid; and,
12for every fifth determination to use the single prime
13procurement delivery method for a project under $10,000,000,
14submit to the Procurement Policy Board a written notice of its
15intent to use the single prime method on the project. The
16notice shall include the reasons for using the single prime
17method and an explanation of why the use of that method is in
18the best interest of the State. The Capital Development Board
19shall post the notice on its online procurement webpage and on
20the online Procurement Bulletin at least 3 business days
21following submission. The Procurement Policy Board shall
22review and provide its decision on the use of the single prime
23method for every fifth use of the single prime procurement
24delivery method for a project under $10,000,000 within 7
25business days of receipt of the notice from the Capital
26Development Board. Approval by the Procurement Policy Board

 

 

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1shall not be unreasonably withheld and shall be provided unless
2the Procurement Policy Board finds that the use of the single
3prime method is not in the best interest of the State. Any
4decision by the Procurement Policy Board to disapprove the use
5of the single prime method shall be made in writing to the
6Capitol Development Board, posted on the online Procurement
7Bulletin, and shall state the reasons why the single prime
8method was disapproved and why it is not in the best interest
9of the State.
10    (b) The provisions of this subsection are operative on and
11after January 1, 2020. For building construction contracts in
12excess of $250,000, separate specifications shall be prepared
13for all equipment, labor, and materials in connection with the
14following 5 subdivisions of the work to be performed:
15        (1) plumbing;
16        (2) heating, piping, refrigeration, and automatic
17    temperature control systems, including the testing and
18    balancing of those systems;
19        (3) ventilating and distribution systems for
20    conditioned air, including the testing and balancing of
21    those systems;
22        (4) electric wiring; and
23        (5) general contract work.
24    The specifications must be so drawn as to permit separate
25and independent bidding upon each of the 5 subdivisions of
26work. All contracts awarded for any part thereof shall award

 

 

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1the 5 subdivisions of work separately to responsible and
2reliable persons, firms, or corporations engaged in these
3classes of work. The contracts, at the discretion of the
4construction agency, may be assigned to the successful bidder
5on the general contract work or to the successful bidder on the
6subdivision of work designated by the construction agency
7before the bidding as the prime subdivision of work, provided
8that all payments will be made directly to the contractors for
9the 5 subdivisions of work upon compliance with the conditions
10of the contract.
11    Until a date 4 years after July 1, 2011, the requirements
12of this Section do not apply to a construction project for
13which the Capital Development Board is the construction agency
14if: (i) the project budget is at least $15,000,000; (ii) the
15Capital Development Board has submitted to the Procurement
16Policy Board a written request for a public hearing on waiver
17of the application of the requirements of this Section to that
18project, including its reasons for seeking the waiver and why
19the waiver is in the best interest of the State; (iii) the
20Capital Development Board has posted notice of the waiver
21hearing on its procurement web page and on the online
22Procurement Bulletin at least 15 calendar days before the
23hearing; (iv) the Procurement Policy Board, after conducting
24the public hearing on the waiver request, reviews and approves
25the request in writing before the award of the contract; (v)
26the successful low bidder has prequalified with the Capital

 

 

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1Development Board; (vi) the bid of the successful low bidder
2identifies the name of the subcontractor, if any, and the bid
3proposal costs for each of the 5 subdivisions of work set forth
4in this Section; and (vii) the contract entered into with the
5successful bidder provides that no identified subcontractor
6may be terminated without the written consent of the Capital
7Development Board. With respect to any construction project
8described in this paragraph, the Capital Development Board
9shall: (i) provide to the Auditor General an affidavit that the
10waiver of the application of the requirements of this Section
11is in the best interest of the State; (ii) specify in writing
12as a public record that the project shall comply with the
13disadvantaged business practices of the Business Enterprise
14for Minorities, Females, and Persons with Disabilities Act and
15the equal employment practices of Section 2-105 of the Illinois
16Human Rights Act; and (iii) report annually to the Governor and
17the General Assembly on the bidding, award, and performance. On
18and after January 1, 2009 (the effective date of Public Act
1995-758), the Capital Development Board may award in each year
20contracts with an aggregate total value of no more than
21$200,000,000 with respect to construction projects described
22in this paragraph.
23    Until a date 11 years after November 29, 2005 (the
24effective date of Public Act 94-699), the requirements of this
25Section do not apply to the Capitol Building HVAC upgrade
26project if (i) the bid of the successful bidder identifies the

 

 

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1name of the subcontractor, if any, and the bid proposal costs
2for each of the 5 subdivisions of work set forth in this
3Section, and (ii) the contract entered into with the successful
4bidder provides that no identified subcontractor may be
5terminated without the written consent of the Capital
6Development Board.
7(Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13;
898-1076, eff. 1-1-15.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".