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Public Act 099-0257
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| HB3497 Enrolled | LRB099 10663 JWD 30912 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by |
changing Section 30-30 and by adding Section 1-15.93 as |
follows:
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(30 ILCS 500/1-15.93 new) |
Sec. 1-15.93. Single prime. "Single prime" means the |
design-bid-build procurement delivery method for a building |
construction project in which the Capital Development Board is |
the construction agency procuring 2 or more subdivisions of |
work enumerated in paragraphs (1) through (5) of subsection (a) |
of Section 30-30 of this Code under a single contract. This |
Section is repealed on January 1, 2020.
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(30 ILCS 500/30-30)
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Sec. 30-30. Design-bid-build construction. Contracts in |
excess of $250,000. |
(a) The provisions of this subsection are operative through |
December 31, 2019. |
For
building construction contracts in excess of
$250,000, |
separate specifications may shall be prepared for all
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equipment, labor, and materials in
connection with the |
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following 5 subdivisions of the work to be
performed:
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(1) plumbing;
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(2) heating, piping, refrigeration, and automatic
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temperature control systems,
including the testing and |
balancing of those systems;
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(3) ventilating and distribution systems for
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conditioned air, including the testing
and balancing of |
those systems;
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(4) electric wiring; and
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(5) general contract work.
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The specifications may must be so drawn as to permit |
separate and
independent bidding upon
each of the 5 |
subdivisions of work. All contracts awarded
for any part |
thereof may shall
award the 5 subdivisions of work separately |
to responsible and
reliable persons, firms, or
corporations |
engaged in these classes of work. The contracts, at
the |
discretion of the
construction agency, may be assigned to the |
successful bidder on
the general contract work or
to the |
successful bidder on the subdivision of work designated by
the |
construction agency before
the bidding as the prime subdivision |
of work, provided that all
payments will be made directly
to |
the contractors for the 5 subdivisions of work upon compliance
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with the conditions of the
contract.
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Beginning on the effective date of this amendatory Act of |
the 99th General Assembly and through December 31, 2019, for |
single prime projects: (i) the bid of the successful low bidder |
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shall identify the name of the subcontractor, if any, and the |
bid proposal costs for each of the 5 subdivisions of work set |
forth in this Section; (ii) the contract entered into with the |
successful bidder shall provide that no identified |
subcontractor may be terminated without the written consent of |
the Capital Development Board; (iii) the contract shall comply |
with the disadvantaged business practices of the Business |
Enterprise for Minorities, Females, and Persons with |
Disabilities Act and the equal employment practices of Section |
2-105 of the Illinois Human Rights Act; (iv) the Capital |
Development Board shall submit a quarterly report 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 3 |
months with a total construction cost valued at $10,000,000 or |
less; and (v) the Capital Development Board shall submit an |
annual report to the General Assembly and Governor on the |
bidding, award, and performance of all single prime projects. |
For building construction projects with a total |
construction cost valued at $5,000,000 or less, the Capital |
Development Board shall not use the single prime procurement |
delivery method for more than 50% of the total number of |
projects bid for each fiscal year. Any project with a total |
construction cost valued greater than $5,000,000 may be bid |
using single prime at the discretion of the Executive Director |
of the Capital Development Board. |
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Beginning on the effective date of this amendatory Act of |
the 99th General Assembly and through December 31, 2017, the |
Capital Development Board shall, on a weekly basis: review the |
projects that have been designed, and approved to bid; and, for |
every fifth determination to use the single prime procurement |
delivery method for a project under $10,000,000, submit to the |
Procurement Policy Board a written notice of its intent to use |
the single prime method on the project. The notice shall |
include the reasons for using the single prime method and an |
explanation of why the use of that method is in the best |
interest of the State. The Capital Development Board shall post |
the notice on its online procurement webpage and on the online |
Procurement Bulletin at least 3 business days following |
submission. The Procurement Policy Board shall review and |
provide its decision on the use of the single prime method for |
every fifth use of the single prime procurement delivery method |
for a project under $10,000,000 within 7 business days of |
receipt of the notice from the Capital Development Board. |
Approval by the Procurement Policy Board shall not be |
unreasonably withheld and shall be provided unless the |
Procurement Policy Board finds that the use of the single prime |
method is not in the best interest of the State. Any decision |
by the Procurement Policy Board to disapprove the use of the |
single prime method shall be made in writing to the Capital |
Development Board, posted on the online Procurement Bulletin, |
and shall state the reasons why the single prime method was |
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disapproved and why it is not in the best interest of the |
State. |
(b) The provisions of this subsection are operative on and |
after January 1, 2020.
For building construction contracts in |
excess of $250,000, separate specifications shall be prepared |
for all equipment, labor, and materials in connection with the |
following 5 subdivisions of the work to be performed: |
(1) plumbing; |
(2) heating, piping, refrigeration, and automatic |
temperature control systems, including the testing and |
balancing of those systems; |
(3) ventilating and distribution systems for |
conditioned air, including the testing and balancing of |
those systems; |
(4) electric wiring; and |
(5) general contract work. |
The specifications must be so drawn as to permit separate |
and independent bidding upon each of the 5 subdivisions of |
work. All contracts awarded for any part thereof shall award |
the 5 subdivisions of work separately to responsible and |
reliable persons, firms, or corporations engaged in these |
classes of work. The contracts, at the discretion of the |
construction agency, may be assigned to the successful bidder |
on the general contract work or to the successful bidder on the |
subdivision of work designated by the construction agency |
before the bidding as the prime subdivision of work, provided |
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that all payments will be made directly to the contractors for |
the 5 subdivisions of work upon compliance with the conditions |
of the contract. |
Until a date 4 years after July 1, 2011, the requirements |
of this Section do not apply to a construction project for |
which the Capital Development Board is the construction agency |
if: (i) the project budget is at least $15,000,000; (ii) the |
Capital Development Board has submitted to the Procurement |
Policy Board a written request for a public hearing on waiver |
of the application of the requirements of this Section to that |
project, including its reasons for seeking the waiver and why |
the waiver is in the best interest of the State; (iii) the |
Capital Development Board has posted notice of the waiver |
hearing on its procurement web page and on the online |
Procurement Bulletin at least 15 calendar days before the |
hearing;
(iv) the Procurement Policy Board, after conducting |
the public hearing on the waiver request, reviews and approves |
the request in writing before the award of the contract; (v) |
the successful low bidder has prequalified with the Capital |
Development Board; (vi) the bid of the successful low bidder |
identifies the name of the subcontractor, if any, and the bid |
proposal costs for each of the 5 subdivisions of work set forth |
in this Section; and (vii) the contract entered into with the |
successful bidder provides that no identified subcontractor |
may be terminated without the written consent of the Capital |
Development Board.
With respect to any construction project |
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described in this paragraph, the Capital Development Board |
shall: (i) provide to the Auditor General an affidavit that the |
waiver of the application of the requirements of this Section |
is in the best interest of the State; (ii) specify in writing |
as a public record that the project shall comply with the |
disadvantaged business practices of the Business Enterprise |
for Minorities, Females, and Persons with Disabilities Act and |
the equal employment practices of Section 2-105 of the Illinois |
Human Rights Act; and (iii) report annually to the Governor and |
the General Assembly on the bidding, award, and performance. On |
and after January 1, 2009 (the effective date of Public Act |
95-758), the Capital Development Board may award in each year |
contracts with an aggregate total value of no more than |
$200,000,000 with respect to construction projects described |
in this paragraph. |
Until a date 11 years after November 29, 2005 (the |
effective date of Public Act 94-699), the requirements of this |
Section do not apply to the Capitol Building HVAC upgrade |
project if (i) the bid of the successful bidder identifies the |
name of the subcontractor, if any, and the bid proposal costs |
for each of the 5 subdivisions of work set forth in this |
Section, and (ii) the contract entered into with the successful |
bidder provides that no identified subcontractor may be |
terminated without the written consent of the Capital |
Development Board.
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(Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; |