Full Text of SB1913 101st General Assembly
SB1913 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1913 Introduced 2/15/2019, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that for building construction contracts in excess of $500,000 (currently, $250,000), separate specifications may be prepared for all equipment, labor, and materials in connection with specified subdivisions of the work to be performed. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 30-30 as follows:
| 6 | | (30 ILCS 500/30-30)
| 7 | | Sec. 30-30. Design-bid-build construction. | 8 | | (a) The provisions of this subsection are operative through | 9 | | December 31, 2019. | 10 | | For
building construction contracts in excess of $500,000
| 11 | | $250,000 , separate specifications may be prepared for all
| 12 | | equipment, labor, and materials in
connection with the | 13 | | following 5 subdivisions of the work to be
performed:
| 14 | | (1) plumbing;
| 15 | | (2) heating, piping, refrigeration, and automatic
| 16 | | temperature control systems,
including the testing and | 17 | | balancing of those systems;
| 18 | | (3) ventilating and distribution systems for
| 19 | | conditioned air, including the testing
and balancing of | 20 | | those systems;
| 21 | | (4) electric wiring; and
| 22 | | (5) general contract work.
| 23 | | The specifications may be so drawn as to permit separate |
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| 1 | | and
independent bidding upon
each of the 5 subdivisions of | 2 | | work. All contracts awarded
for any part thereof may
award the | 3 | | 5 subdivisions of work separately to responsible and
reliable | 4 | | persons, firms, or
corporations engaged in these classes of | 5 | | work. The contracts, at
the discretion of the
construction | 6 | | agency, may be assigned to the successful bidder on
the general | 7 | | contract work or
to the successful bidder on the subdivision of | 8 | | work designated by
the construction agency before
the bidding | 9 | | as the prime subdivision of work, provided that all
payments | 10 | | will be made directly
to the contractors for the 5 subdivisions | 11 | | of work upon compliance
with the conditions of the
contract.
| 12 | | Beginning on the effective date of this amendatory Act of | 13 | | the 99th General Assembly and through December 31, 2019, for | 14 | | single prime projects: (i) the bid of the successful low bidder | 15 | | shall identify the name of the subcontractor, if any, and the | 16 | | bid proposal costs for each of the 5 subdivisions of work set | 17 | | forth in this Section; (ii) the contract entered into with the | 18 | | successful bidder shall provide that no identified | 19 | | subcontractor may be terminated without the written consent of | 20 | | the Capital Development Board; (iii) the contract shall comply | 21 | | with the disadvantaged business practices of the Business | 22 | | Enterprise for Minorities, Women, and Persons with | 23 | | Disabilities Act and the equal employment practices of Section | 24 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 25 | | Development Board shall submit a quarterly report to the | 26 | | Procurement Policy Board with information on the general scope, |
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| 1 | | project budget, and established Business Enterprise Program | 2 | | goals for any single prime procurement bid in the previous 3 | 3 | | months with a total construction cost valued at $10,000,000 or | 4 | | less; and (v) the Capital Development Board shall submit an | 5 | | annual report to the General Assembly and Governor on the | 6 | | bidding, award, and performance of all single prime projects. | 7 | | For building construction projects with a total | 8 | | construction cost valued at $5,000,000 or less, the Capital | 9 | | Development Board shall not use the single prime procurement | 10 | | delivery method for more than 50% of the total number of | 11 | | projects bid for each fiscal year. Any project with a total | 12 | | construction cost valued greater than $5,000,000 may be bid | 13 | | using single prime at the discretion of the Executive Director | 14 | | of the Capital Development Board. | 15 | | Beginning on the effective date of this amendatory Act of | 16 | | the 99th General Assembly and through December 31, 2017, the | 17 | | Capital Development Board shall, on a weekly basis: review the | 18 | | projects that have been designed, and approved to bid; and, for | 19 | | every fifth determination to use the single prime procurement | 20 | | delivery method for a project under $10,000,000, submit to the | 21 | | Procurement Policy Board a written notice of its intent to use | 22 | | the single prime method on the project. The notice shall | 23 | | include the reasons for using the single prime method and an | 24 | | explanation of why the use of that method is in the best | 25 | | interest of the State. The Capital Development Board shall post | 26 | | the notice on its online procurement webpage and on the online |
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| 1 | | Procurement Bulletin at least 3 business days following | 2 | | submission. The Procurement Policy Board shall review and | 3 | | provide its decision on the use of the single prime method for | 4 | | every fifth use of the single prime procurement delivery method | 5 | | for a project under $10,000,000 within 7 business days of | 6 | | receipt of the notice from the Capital Development Board. | 7 | | Approval by the Procurement Policy Board shall not be | 8 | | unreasonably withheld and shall be provided unless the | 9 | | Procurement Policy Board finds that the use of the single prime | 10 | | method is not in the best interest of the State. Any decision | 11 | | by the Procurement Policy Board to disapprove the use of the | 12 | | single prime method shall be made in writing to the Capital | 13 | | Development Board, posted on the online Procurement Bulletin, | 14 | | and shall state the reasons why the single prime method was | 15 | | disapproved and why it is not in the best interest of the | 16 | | State. | 17 | | (b) The provisions of this subsection are operative on and | 18 | | after January 1, 2020.
For building construction contracts in | 19 | | excess of $500,000 $250,000 , separate specifications shall be | 20 | | prepared for all equipment, labor, and materials in connection | 21 | | with the following 5 subdivisions of the work to be performed: | 22 | | (1) plumbing; | 23 | | (2) heating, piping, refrigeration, and automatic | 24 | | temperature control systems, including the testing and | 25 | | balancing of those systems; | 26 | | (3) ventilating and distribution systems for |
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| 1 | | conditioned air, including the testing and balancing of | 2 | | those systems; | 3 | | (4) electric wiring; and | 4 | | (5) general contract work. | 5 | | The specifications must be so drawn as to permit separate | 6 | | and independent bidding upon each of the 5 subdivisions of | 7 | | work. All contracts awarded for any part thereof shall award | 8 | | the 5 subdivisions of work separately to responsible and | 9 | | reliable persons, firms, or corporations engaged in these | 10 | | classes of work. The contracts, at the discretion of the | 11 | | construction agency, may be assigned to the successful bidder | 12 | | on the general contract work or to the successful bidder on the | 13 | | subdivision of work designated by the construction agency | 14 | | before the bidding as the prime subdivision of work, provided | 15 | | that all payments will be made directly to the contractors for | 16 | | the 5 subdivisions of work upon compliance with the conditions | 17 | | of the contract. | 18 | | (Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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