Full Text of SB2120 101st General Assembly
SB2120ham001 101ST GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 5/7/2019
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| 1 | | AMENDMENT TO SENATE BILL 2120
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2120 as follows:
| 3 | | on page 9, immediately below line 25, by inserting the | 4 | | following: | 5 | | "Section 15. The Illinois Procurement Code is amended by | 6 | | changing Sections 1-15.93 and 30-30 as follows: | 7 | | (30 ILCS 500/1-15.93) | 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 1-15.93.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 | 10 | | design-bid-build procurement delivery method for a building | 11 | | construction project in which the Capital Development Board or | 12 | | a public institution of higher education is the construction | 13 | | agency procuring 2 or more subdivisions of work enumerated in | 14 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 15 | | of this Code under a single contract. This Section is repealed |
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| 1 | | on January 1, 2025 2020 .
| 2 | | (Source: P.A. 99-257, eff. 8-4-15.)
| 3 | | (30 ILCS 500/30-30)
| 4 | | Sec. 30-30. Design-bid-build construction. | 5 | | (a) The provisions of this subsection are operative through | 6 | | December 31, 2024 2019 . | 7 | | Except as provided in subsections (a-5) or (a-10), for For
| 8 | | building construction contracts in excess of
$250,000, | 9 | | separate specifications must may be prepared for all
equipment, | 10 | | labor, and materials in
connection with the following 5 | 11 | | subdivisions of the work to be
performed:
| 12 | | (1) plumbing;
| 13 | | (2) heating, piping, refrigeration, and automatic
| 14 | | temperature control systems,
including the testing and | 15 | | balancing of those systems;
| 16 | | (3) ventilating and distribution systems for
| 17 | | conditioned air, including the testing
and balancing of | 18 | | those systems;
| 19 | | (4) electric wiring; and
| 20 | | (5) general contract work.
| 21 | | Except as provided in subsection (a-5) or (a-10), the The | 22 | | specifications must may be so drawn as to permit separate and
| 23 | | independent bidding upon
each of the 5 subdivisions of work , | 24 | | and all . All contracts awarded
for any part thereof must may
| 25 | | award the 5 subdivisions of work separately to responsible and
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| 1 | | reliable persons, firms, or
corporations engaged in these | 2 | | classes of work. The contracts, at
the discretion of the
| 3 | | construction agency, may be assigned to the successful bidder | 4 | | on
the general contract work or
to the successful bidder on the | 5 | | subdivision of work designated by
the construction agency | 6 | | before
the bidding as the prime subdivision of work, provided | 7 | | that all
payments will be made directly
to the contractors for | 8 | | the 5 subdivisions of work upon compliance
with the conditions | 9 | | of the
contract.
| 10 | | (a-5) Beginning on the effective date of this amendatory | 11 | | Act of the 101st General Assembly and through December 31, | 12 | | 2024, for single prime projects in which the Capital | 13 | | Development Board is the construction agency procuring for | 14 | | building construction contracts in excess of $250,000, | 15 | | separate specifications may be prepared for all equipment, | 16 | | labor, and materials in connection with the 5 subdivisions of | 17 | | work enumerated in subsection (a). Any Capital Development | 18 | | Board construction contracts awarded for any part thereof may | 19 | | award 2 or more of the 5 subdivisions of work together or | 20 | | separately to responsible and reliable persons, firms, or | 21 | | corporations engaged in these classes of work. | 22 | | For Capital Development Board single prime projects: (i) | 23 | | the bid of the successful low bidder shall identify the name of | 24 | | the subcontractor, if any, and the bid proposal costs for each | 25 | | of the 5 subdivisions of work set forth in subsection (a); (ii) | 26 | | the contract entered into with the successful bidder shall |
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| 1 | | provide that no identified subcontractor may be terminated | 2 | | without the written consent of the Capital Development Board; | 3 | | and (iii) the contract shall comply with the disadvantaged | 4 | | business practices of the Business Enterprise for Minorities, | 5 | | Women, and Persons with Disabilities Act and the equal | 6 | | employment practices of Section 2-105 of the Illinois Human | 7 | | Rights Act. | 8 | | Beginning on the effective date of this amendatory Act of | 9 | | the 101st General Assembly and through December 31, 2021, for | 10 | | building construction projects with a total construction cost | 11 | | valued at $5,000,000 or less, the Capital Development Board | 12 | | shall not use the single prime procurement delivery method for | 13 | | more than 50% of the total number of projects bid for each | 14 | | calendar year. Any project with a total construction cost | 15 | | valued greater than $5,000,000 may be bid using single prime at | 16 | | the discretion of the Executive Director of the Capital | 17 | | Development Board. | 18 | | (a-10) Beginning on the effective date of this amendatory | 19 | | Act of the 101st General Assembly and through December 31, | 20 | | 2024, for single prime projects in which an institution of | 21 | | higher education is a construction agency procuring for | 22 | | building construction contracts in excess of $250,000, | 23 | | separate specifications may be prepared for all equipment, | 24 | | labor, and materials in connection with the 5 subdivisions of | 25 | | work enumerated in subsection (a). Any institution of higher | 26 | | education construction contract awarded for any part thereof |
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| 1 | | may award 2 or more of the 5 subdivisions of work together or | 2 | | separately to responsible and reliable persons, firms, or | 3 | | corporations engaged in these classes of work if: (i) the | 4 | | institution of higher education has submitted to the | 5 | | Procurement Policy Board a written notice that shall include | 6 | | the reasons for using the single prime method and an | 7 | | explanation of why the use of that method is in the best | 8 | | interest of the State. The notice provided under this item (i) | 9 | | shall be posted on the institution of higher education's online | 10 | | procurement webpage and on the online Procurement Bulletin at | 11 | | least 3 business days following submission to the Procurement | 12 | | Policy Board;
(ii) the successful low bidder has prequalified | 13 | | with the institution of higher education, or in the event the | 14 | | institution of higher education does not have a | 15 | | prequalification process, the low bidder has prequalified with | 16 | | Capital Development Board; (iii) the bid of the successful low | 17 | | bidder identifies the name of the subcontractor, if any, and | 18 | | the bid proposal costs for each of the 5 subdivisions of work | 19 | | set forth in subsection (a); and (iv) the contract entered into | 20 | | with the successful bidder provides that no identified | 21 | | subcontractor may be terminated without the written consent of | 22 | | the institution of higher education. | 23 | | For building construction projects with a total | 24 | | construction cost valued at $20,000,000 or less, institutions | 25 | | of higher education shall not use the single prime delivery | 26 | | method for more than 50% of the total number of projects bid |
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| 1 | | for each fiscal year. Projects with a total construction cost | 2 | | valued greater than $20,000,000 may be bid using the single | 3 | | prime delivery method at the discretion of the institution of | 4 | | higher education. | 5 | | With respect to any construction project described in this | 6 | | subsection (a-10), the institution of higher education shall: | 7 | | (i) specify in writing as a public record that the project | 8 | | shall comply with the Business Enterprise for Minorities, | 9 | | Women, and Persons with Disabilities Act and the equal | 10 | | practices of the Section 2-105 of the Illinois Human Rights | 11 | | Act; and (ii) report annually to the Governor, General | 12 | | Assembly, Procurement Policy Board, and Auditor General on the | 13 | | bidding, award, and performance of all single prime projects. | 14 | | On or after the effective date of this amendatory Act of the | 15 | | 101st General Assembly, each institution of higher education | 16 | | may award in each fiscal year single prime contracts with an | 17 | | aggregate total value of no more than $100,000,000, except that | 18 | | the Board of Trustees of the University of Illinois may award | 19 | | in each fiscal year single prime contracts with an aggregate | 20 | | total value of no more than $300,000,000. | 21 | | Beginning on the effective date of this amendatory Act of | 22 | | the 99th General Assembly and through December 31, 2019, for | 23 | | single prime projects: (i) the bid of the successful low bidder | 24 | | shall identify the name of the subcontractor, if any, and the | 25 | | bid proposal costs for each of the 5 subdivisions of work set | 26 | | forth in this Section; (ii) the contract entered into with the |
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| 1 | | successful bidder shall provide that no identified | 2 | | subcontractor may be terminated without the written consent of | 3 | | the Capital Development Board; (iii) the contract shall comply | 4 | | with the disadvantaged business practices of the Business | 5 | | Enterprise for Minorities, Women, and Persons with | 6 | | Disabilities Act and the equal employment practices of Section | 7 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 8 | | Development Board shall submit a quarterly report to the | 9 | | Procurement Policy Board with information on the general scope, | 10 | | project budget, and established Business Enterprise Program | 11 | | goals for any single prime procurement bid in the previous 3 | 12 | | months with a total construction cost valued at $10,000,000 or | 13 | | less; and (v) the Capital Development Board shall submit an | 14 | | annual report to the General Assembly and Governor on the | 15 | | bidding, award, and performance of all single prime projects. | 16 | | For building construction projects with a total | 17 | | construction cost valued at $5,000,000 or less, the Capital | 18 | | Development Board shall not use the single prime procurement | 19 | | delivery method for more than 50% of the total number of | 20 | | projects bid for each fiscal year. Any project with a total | 21 | | construction cost valued greater than $5,000,000 may be bid | 22 | | using single prime at the discretion of the Executive Director | 23 | | of the Capital Development Board. | 24 | | Beginning on the effective date of this amendatory Act of | 25 | | the 99th General Assembly and through December 31, 2017, the | 26 | | Capital Development Board shall, on a weekly basis: review the |
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| 1 | | projects that have been designed, and approved to bid; and, for | 2 | | every fifth determination to use the single prime procurement | 3 | | delivery method for a project under $10,000,000, submit to the | 4 | | Procurement Policy Board a written notice of its intent to use | 5 | | the single prime method on the project. The notice shall | 6 | | include the reasons for using the single prime method and an | 7 | | explanation of why the use of that method is in the best | 8 | | interest of the State. The Capital Development Board shall post | 9 | | the notice on its online procurement webpage and on the online | 10 | | Procurement Bulletin at least 3 business days following | 11 | | submission. The Procurement Policy Board shall review and | 12 | | provide its decision on the use of the single prime method for | 13 | | every fifth use of the single prime procurement delivery method | 14 | | for a project under $10,000,000 within 7 business days of | 15 | | receipt of the notice from the Capital Development Board. | 16 | | Approval by the Procurement Policy Board shall not be | 17 | | unreasonably withheld and shall be provided unless the | 18 | | Procurement Policy Board finds that the use of the single prime | 19 | | method is not in the best interest of the State. Any decision | 20 | | by the Procurement Policy Board to disapprove the use of the | 21 | | single prime method shall be made in writing to the Capital | 22 | | Development Board, posted on the online Procurement Bulletin, | 23 | | and shall state the reasons why the single prime method was | 24 | | disapproved and why it is not in the best interest of the | 25 | | State. | 26 | | (b) The provisions of this subsection are operative on and |
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| 1 | | after January 1, 2025 2020 .
For building construction contracts | 2 | | in excess of $250,000, separate specifications shall be | 3 | | prepared for all equipment, labor, and materials in connection | 4 | | with the following 5 subdivisions of the work to be performed: | 5 | | (1) plumbing; | 6 | | (2) heating, piping, refrigeration, and automatic | 7 | | temperature control systems, including the testing and | 8 | | balancing of those systems; | 9 | | (3) ventilating and distribution systems for | 10 | | conditioned air, including the testing and balancing of | 11 | | those systems; | 12 | | (4) electric wiring; and | 13 | | (5) general contract work. | 14 | | The specifications must be so drawn as to permit separate | 15 | | and independent bidding upon each of the 5 subdivisions of | 16 | | work. All contracts awarded for any part thereof shall award | 17 | | the 5 subdivisions of work separately to responsible and | 18 | | reliable persons, firms, or corporations engaged in these | 19 | | classes of work. The contracts, at the discretion of the | 20 | | construction agency, may be assigned to the successful bidder | 21 | | on the general contract work or to the successful bidder on the | 22 | | subdivision of work designated by the construction agency | 23 | | before the bidding as the prime subdivision of work, provided | 24 | | that all payments will be made directly to the contractors for | 25 | | the 5 subdivisions of work upon compliance with the conditions | 26 | | of the contract. |
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| 1 | | (Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)"; | 2 | | and
| 3 | | on page 10, lines 1 and 2, by replacing "January 1, 2020" with | 4 | | "December 31, 2019".
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