SB3932 103RD GENERAL ASSEMBLY

LRB103 40368 HLH 72645 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3932

Introduced 4/24/2024, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

30 ILCS 500/30-15
30 ILCS 500/30-17 new
30 ILCS 500/30-22
105 ILCS 5/10-20.21b new

Amends the Illinois Procurement Code. Provides that construction agencies may procure construction and construction-related professional services via job order contracting through the use of competitive sealed proposals. Provides that proposal documents shall include a construction task catalog containing construction tasks with preset unit prices that are based on local labor, material, and equipment prices and are for the direct cost of construction. Provides that proposals shall include certain adjustment factors. Provides that any job order contract awarded by State construction agencies shall include a specific BEP utilization goal of 25% and VOSB/SDVOSB utilization goal of 3% based on the availability of BEP and VOSB/SDVOSB certified vendors to perform or provide the anticipated services, supplies, or both. Amends the School Code. Provides that a school district may (i) use a request for proposals process to procure construction and construction-related professional services via a job order contract, an indefinite quantity contract, or both and (ii) enter into or use a job order contract, indefinite quantity contract, or both for the procurement of construction and construction-related professional services, through a municipality, a county board of any county, a body politic and corporate, a unit of local government, or a national joint purchasing program.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Sections 30-15 and 30-22 and by adding Section 30-17 as follows:

(30 ILCS 500/30-15)

Sec. 30-15. Method of source selection.

(a) Competitive sealed bidding. Except as provided in subsections (b), (c), and (d) and Sections 20-20, 20-25, and 20-30, and 30-17, all State construction contracts shall be procured by competitive sealed bidding in accordance with Section 20-10.

(b) Other methods. The Capital Development Board shall establish by rule construction purchases that may be made without competitive sealed bidding and the most competitive alternate method of source selection that shall be used.

(c) Construction-related professional services. All construction-related professional services contracts shall be awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. "Professional services" means those services within the scope of the practice of architecture, professional engineering, structural engineering, or registered land surveying, as defined by the laws of this State.

(d) Correctional facilities. Remodeling and rehabilitation projects at correctional facilities under $25,000 funded from the General Revenue Fund are exempt from the provisions of this Article. The Department of Corrections may use inmate labor for the remodeling or rehabilitation of correctional facilities on those projects under $25,000 funded from the General Revenue Fund.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/30-17 new)

Sec. 30-17. Job order contracting.

(a) Construction agencies may procure construction and construction-related professional services via job order contracting through the use of competitive sealed proposals in accordance with Section 20-15.

(b) As used in this Section, "job order contracting" means an indefinite quantity contract pursuant to which a firm or contractor may perform an ongoing series of individual projects at different facilities, locations, and sites under the jurisdiction of a construction agency.

(c) Proposal documents shall include a construction task catalog containing construction tasks with preset unit prices that are based on local labor, material, and equipment prices and are for the direct cost of construction.

(d) Proposals shall include 3 adjustment factors to be applied to unit prices: (1) one adjustment factor for performing work during normal working hours; (2) a second adjustment factor for performing work during other than normal working hours; and (3) an adjustment factor for performing non-prepriced tasks.

(e) The requests for proposals shall state the relative importance of price and other evaluation factors. Proposals shall be submitted in 2 parts: the first part shall cover items except for price; and the second part shall cover price. The first part of all proposals shall be evaluated and ranked independently of the second part of all proposals. Evaluation factors to be considered in the first part shall include the following: (1) the offeror's past experience as a job order contractor or indefinite quantity contractor with a demonstrated ability to perform a diverse scope of work and a firm understanding of job order contract and indefinite quantity contract processes; (2) the staffing and qualifications of personnel specific to job order contracts or indefinite quantity contracts; (3) whether the offeror has demonstrated processes and infrastructure to support the volume of work orders throughout the State; (4) whether the offeror is a local resident with an established home office located in the State for at least one year; (5) whether the offeror has demonstrated financial ability to finance or support multiple projects; (6) the offeror's bonding capacity and insurance compliance; (7) the diversity of offeror personnel; (8) the offeror's history of meeting or exceeding Business Enterprise for Minorities, Women and Persons with Disabilities Act (BEP) utilization goals or other similar county, State, or municipal minority business participation programs; and (9) the offeror's safety record, including the offeror's Occupational Safety and Health Administration record and experience modification rate.

(f) As provided in the request for proposals and under rules, discussions may be conducted with responsible offerors who submit offers or proposals determined to be reasonably susceptible of being selected for award for the purpose of clarifying and assuring full understanding of and responsiveness to the solicitation requirements. Those offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. If information is disclosed to any offeror, it shall be provided to all competing offerors.

(g) Construction agencies may award multiple job order contracts under a single request for proposal. Awards shall be made to the responsible offeror or offerors whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals. The contract file shall contain the basis on which the award is made. Contracting agencies may not contract for construction services with the same entity that provides the construction task catalog.

(h) Any job order contract awarded by State construction agencies shall include a specific BEP utilization goal of 25% and VOSB/SDVOSB utilization goal of 3% based on the availability of BEP and VOSB/SDVOSB certified vendors to perform or provide the anticipated services, supplies, or both as set forth in the request for proposals.

(30 ILCS 500/30-22)

Sec. 30-22. Construction contracts; responsible bidder or offeror requirements. To be considered a responsible bidder or offeror on a construction contract for purposes of this Code, a bidder or offeror must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency:

(1) The bidder or offeror must comply with all applicable laws concerning the bidder's entitlement to conduct business in Illinois.

(2) The bidder or offeror must comply with all applicable provisions of the Prevailing Wage Act.

(3) The bidder or offeror must comply with Subchapter VI ("Equal Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder or offeror must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder or offeror must have a valid certificate of insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.

(6) The bidder or offeror and all bidder's or offeror's subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

(7) For contracts with the Illinois Power Agency, the Director of the Illinois Power Agency may establish additional requirements for responsible bidders or offerors. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids or request for proposals, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.

(8) The bidder or offeror must certify that the bidder or offeror will maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract.

The provisions of this Section shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such a project.

(Source: P.A. 97-369, eff. 8-15-11; 98-1076, eff. 1-1-15.)

Section 10. The School Code is amended by adding Section 10-20.21b as follows:

(105 ILCS 5/10-20.21b new)

Sec. 10-20.21b. Job order contracts; indefinite quantity contracts.

(a) As used in this Section:

"Indefinite quantity contract" means a contract for an indefinite quantity of services for a fixed time or for a job order contract.

"Job order contract" means an indefinite quantity contract under which a firm or contractor may perform an ongoing series of individual projects at different facilities, locations, and sites under the jurisdiction or control of a school district.

"National joint purchasing program" means any national purchasing entity, organization, or cooperative that procures a master construction or construction-related professional services contract through a competitive request for proposal process.

(b) Under this Section, a school district is authorized to (i) use a request for proposals process to procure construction and construction-related professional services via a job order contract, an indefinite quantity contract, or both and (ii) enter into or use a job order contract, indefinite quantity contract, or both for the procurement of construction and construction-related professional services, through a municipality, a county board of any county, a body politic and corporate, a unit of local government, or a national joint purchasing program.

(c) Proposal documents shall include a construction task catalog containing construction tasks with preset unit prices that are based on local labor, material, and equipment prices and are for the direct cost of construction.

(d) Proposals shall include 3 adjustment factors to be applied to unit prices: (1) one adjustment factor for performing work during normal working hours; (2) a second adjustment factor for performing work during other than normal working hours; and (3) an adjustment factor for performing non-prepriced tasks.

(e) The requests for proposals shall state the relative importance of price and other evaluation factors. Proposals shall be submitted in 2 parts: the first part shall cover items except for price; and the second part shall cover price. The first part of all proposals shall be evaluated and ranked independently of the second part of all proposals. Evaluation factors to be considered in the first part shall include the following: (1) the offeror's past experience as a job order contractor or indefinite quantity contractor with a demonstrated ability to perform a diverse scope of work and a firm understanding of job order contract and indefinite quantity contract processes; (2) the staffing and qualifications of personnel specific to job order contracts or indefinite quantity contracts; (3) whether the offeror has demonstrated processes and infrastructure to support the volume of work orders throughout the State; (4) whether the offeror is a local resident with an established home office located in the State for at least one year; (5) whether the offeror has demonstrated financial ability to finance or support multiple projects; (6) the offeror's bonding capacity and insurance compliance; (7) the diversity of offeror personnel; (8) the offeror's history of meeting or exceeding Business Enterprise for Minorities, Women and Persons with Disabilities Act (BEP) utilization goals or other similar county, State, or municipal minority business participation programs; and (9) the offeror's safety record, including the offeror's Occupational Safety and Health Administration record and experience modification rate.

(f) As provided in the request for proposals and under rules, discussions may be conducted with responsible offerors who submit offers or proposals determined to be reasonably susceptible of being selected for award for the purpose of clarifying and assuring full understanding of and responsiveness to the solicitation requirements. Those offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. If information is disclosed to any offeror, it shall be provided to all competing offerors.

(g) School districts may award multiple job order contracts under a single request for proposal. Awards shall be made to the responsible offeror or offerors whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals. The contract file shall contain the basis on which the award is made. School districts may not contract for construction services with the same entity that provides the construction task catalog.