(4) electric wiring; and
(5) general contract work.
Except as provided in subsection (a-5), the specifications may 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
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
with the conditions of the
contract.
Beginning on the effective date of this amendatory Act of the 101st General Assembly and through December 31, 2025, for single prime projects: (i) the bid of the successful low bidder 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, Women, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act; and (iv) 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.
(a-5) Beginning on the effective date of this amendatory
Act of the 102nd General Assembly and through December 31,
2025, for single prime projects in which a public institution
of higher education is a construction agency awarding
building construction contracts in excess of $250,000,
separate specifications may be prepared for all equipment,
labor, and materials in connection with the 5 subdivisions of
work enumerated in subsection (a). Any public institution of higher education contract awarded for any part thereof may
award 2 or more of the 5 subdivisions of work together or
separately to responsible and reliable persons, firms, or
corporations engaged in these classes of work if: (i) the
public institution of higher education has submitted to the
Procurement Policy Board and the Commission on Equity and Inclusion a written notice that includes
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 and arranges to have the notice posted on the institution's online procurement webpage and its online
procurement bulletin at least 3 business days following submission to the Procurement Policy Board and the Commission on Equity and Inclusion; (ii) the
successful low bidder has prequalified with the public
institution of higher education; (iii) 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 subsection (a); (iv)
the contract entered into with the successful bidder provides
that no identified subcontractor may be terminated without the
written consent of the public institution of higher education;
and (v) the successful low bidder has prequalified with the University of Illinois or with the Capital Development Board.
For building construction projects with a total
construction cost valued at $20,000,000 or less, public
institutions of higher education shall not use the single
prime delivery method for more than 50% of the total number of
projects bid for each fiscal year. Projects with a total
construction cost valued at $20,000,000 or more may be bid
using the single prime delivery method at the discretion of
the public institution of higher education.
With respect to any construction project described in this
subsection (a-5), the public institution of higher education shall: (i) specify in writing as a public record that the
project shall comply with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and the
equal employment practices of Section 2-105 of the Illinois
Human Rights Act; and (ii) report annually to the Governor, General Assembly, Procurement Policy Board, and Auditor
General on the bidding, award, and performance of all single
prime projects. On and after the effective date of this
amendatory Act of the 102nd General Assembly, the public
institution of higher education may award in each fiscal year
single prime contracts with an aggregate total value of no
more than $100,000,000. The Board of Trustees of the
University of Illinois may award in each fiscal year single
prime contracts with an aggregate total value of not more than $300,000,000.
(b) The provisions of this subsection are operative on and after January 1, 2026.
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
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(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 that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract.
(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20; 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23.)
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