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.


LRB103 40368 HLH 72645 b

 

 

A BILL FOR

 

SB3932LRB103 40368 HLH 72645 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 30-15 and 30-22 and by adding Section 30-17
6as follows:
 
7    (30 ILCS 500/30-15)
8    Sec. 30-15. Method of source selection.
9    (a) Competitive sealed bidding. Except as provided in
10subsections (b), (c), and (d) and Sections 20-20, 20-25, and
1120-30, and 30-17, all State construction contracts shall be
12procured by competitive sealed bidding in accordance with
13Section 20-10.
14    (b) Other methods. The Capital Development Board shall
15establish by rule construction purchases that may be made
16without competitive sealed bidding and the most competitive
17alternate method of source selection that shall be used.
18    (c) Construction-related professional services. All
19construction-related professional services contracts shall be
20awarded in accordance with the provisions of the
21Architectural, Engineering, and Land Surveying Qualifications
22Based Selection Act. "Professional services" means those
23services within the scope of the practice of architecture,

 

 

SB3932- 2 -LRB103 40368 HLH 72645 b

1professional engineering, structural engineering, or
2registered land surveying, as defined by the laws of this
3State.
4    (d) Correctional facilities. Remodeling and rehabilitation
5projects at correctional facilities under $25,000 funded from
6the General Revenue Fund are exempt from the provisions of
7this Article. The Department of Corrections may use inmate
8labor for the remodeling or rehabilitation of correctional
9facilities on those projects under $25,000 funded from the
10General Revenue Fund.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/30-17 new)
13    Sec. 30-17. Job order contracting.
14    (a) Construction agencies may procure construction and
15construction-related professional services via job order
16contracting through the use of competitive sealed proposals in
17accordance with Section 20-15.
18    (b) As used in this Section, "job order contracting" means
19an indefinite quantity contract pursuant to which a firm or
20contractor may perform an ongoing series of individual
21projects at different facilities, locations, and sites under
22the jurisdiction of a construction agency.
23    (c) Proposal documents shall include a construction task
24catalog containing construction tasks with preset unit prices
25that are based on local labor, material, and equipment prices

 

 

SB3932- 3 -LRB103 40368 HLH 72645 b

1and are for the direct cost of construction.
2    (d) Proposals shall include 3 adjustment factors to be
3applied to unit prices: (1) one adjustment factor for
4performing work during normal working hours; (2) a second
5adjustment factor for performing work during other than normal
6working hours; and (3) an adjustment factor for performing
7non-prepriced tasks.
8    (e) The requests for proposals shall state the relative
9importance of price and other evaluation factors. Proposals
10shall be submitted in 2 parts: the first part shall cover items
11except for price; and the second part shall cover price. The
12first part of all proposals shall be evaluated and ranked
13independently of the second part of all proposals. Evaluation
14factors to be considered in the first part shall include the
15following: (1) the offeror's past experience as a job order
16contractor or indefinite quantity contractor with a
17demonstrated ability to perform a diverse scope of work and a
18firm understanding of job order contract and indefinite
19quantity contract processes; (2) the staffing and
20qualifications of personnel specific to job order contracts or
21indefinite quantity contracts; (3) whether the offeror has
22demonstrated processes and infrastructure to support the
23volume of work orders throughout the State; (4) whether the
24offeror is a local resident with an established home office
25located in the State for at least one year; (5) whether the
26offeror has demonstrated financial ability to finance or

 

 

SB3932- 4 -LRB103 40368 HLH 72645 b

1support multiple projects; (6) the offeror's bonding capacity
2and insurance compliance; (7) the diversity of offeror
3personnel; (8) the offeror's history of meeting or exceeding
4Business Enterprise for Minorities, Women and Persons with
5Disabilities Act (BEP) utilization goals or other similar
6county, State, or municipal minority business participation
7programs; and (9) the offeror's safety record, including the
8offeror's Occupational Safety and Health Administration record
9and experience modification rate.
10    (f) As provided in the request for proposals and under
11rules, discussions may be conducted with responsible offerors
12who submit offers or proposals determined to be reasonably
13susceptible of being selected for award for the purpose of
14clarifying and assuring full understanding of and
15responsiveness to the solicitation requirements. Those
16offerors shall be accorded fair and equal treatment with
17respect to any opportunity for discussion and revision of
18proposals. Revisions may be permitted after submission and
19before award for the purpose of obtaining best and final
20offers. In conducting discussions, there shall be no
21disclosure of any information derived from proposals submitted
22by competing offerors. If information is disclosed to any
23offeror, it shall be provided to all competing offerors.
24    (g) Construction agencies may award multiple job order
25contracts under a single request for proposal. Awards shall be
26made to the responsible offeror or offerors whose proposal is

 

 

SB3932- 5 -LRB103 40368 HLH 72645 b

1determined in writing to be the most advantageous to the
2State, taking into consideration price and the evaluation
3factors set forth in the request for proposals. The contract
4file shall contain the basis on which the award is made.
5Contracting agencies may not contract for construction
6services with the same entity that provides the construction
7task catalog.
8    (h) Any job order contract awarded by State construction
9agencies shall include a specific BEP utilization goal of 25%
10and VOSB/SDVOSB utilization goal of 3% based on the
11availability of BEP and VOSB/SDVOSB certified vendors to
12perform or provide the anticipated services, supplies, or both
13as set forth in the request for proposals.
 
14    (30 ILCS 500/30-22)
15    Sec. 30-22. Construction contracts; responsible bidder or
16offeror requirements. To be considered a responsible bidder or
17offeror on a construction contract for purposes of this Code,
18a bidder or offeror must comply with all of the following
19requirements and must present satisfactory evidence of that
20compliance to the appropriate construction agency:
21        (1) The bidder or offeror must comply with all
22    applicable laws concerning the bidder's entitlement to
23    conduct business in Illinois.
24        (2) The bidder or offeror must comply with all
25    applicable provisions of the Prevailing Wage Act.

 

 

SB3932- 6 -LRB103 40368 HLH 72645 b

1        (3) The bidder or offeror must comply with Subchapter
2    VI ("Equal Employment Opportunities") of Chapter 21 of
3    Title 42 of the United States Code (42 U.S.C. 2000e and
4    following) and with Federal Executive Order No. 11246 as
5    amended by Executive Order No. 11375.
6        (4) The bidder or offeror must have a valid Federal
7    Employer Identification Number or, if an individual, a
8    valid Social Security Number.
9        (5) The bidder or offeror must have a valid
10    certificate of insurance showing the following coverages:
11    general liability, professional liability, product
12    liability, workers' compensation, completed operations,
13    hazardous occupation, and automobile.
14        (6) The bidder or offeror and all bidder's or
15    offeror's subcontractors must participate in applicable
16    apprenticeship and training programs approved by and
17    registered with the United States Department of Labor's
18    Bureau of Apprenticeship and Training.
19        (7) For contracts with the Illinois Power Agency, the
20    Director of the Illinois Power Agency may establish
21    additional requirements for responsible bidders or
22    offerors. These additional requirements, if established,
23    shall be set forth together with the other criteria
24    contained in the invitation for bids or request for
25    proposals, and shall appear in the appropriate volume of
26    the Illinois Procurement Bulletin.

 

 

SB3932- 7 -LRB103 40368 HLH 72645 b

1        (8) The bidder or offeror must certify that the bidder
2    or offeror will maintain an Illinois office as the primary
3    place of employment for persons employed in the
4    construction authorized by the contract.
5    The provisions of this Section shall not apply to
6federally funded construction projects if such application
7would jeopardize the receipt or use of federal funds in
8support of such a project.
9(Source: P.A. 97-369, eff. 8-15-11; 98-1076, eff. 1-1-15.)
 
10    Section 10. The School Code is amended by adding Section
1110-20.21b as follows:
 
12    (105 ILCS 5/10-20.21b new)
13    Sec. 10-20.21b. Job order contracts; indefinite quantity
14contracts.
15    (a) As used in this Section:
16        "Indefinite quantity contract" means a contract for an
17    indefinite quantity of services for a fixed time or for a
18    job order contract.
19        "Job order contract" means an indefinite quantity
20    contract under which a firm or contractor may perform an
21    ongoing series of individual projects at different
22    facilities, locations, and sites under the jurisdiction or
23    control of a school district.
24        "National joint purchasing program" means any national

 

 

SB3932- 8 -LRB103 40368 HLH 72645 b

1    purchasing entity, organization, or cooperative that
2    procures a master construction or construction-related
3    professional services contract through a competitive
4    request for proposal process.
5    (b) Under this Section, a school district is authorized to
6(i) use a request for proposals process to procure
7construction and construction-related professional services
8via a job order contract, an indefinite quantity contract, or
9both and (ii) enter into or use a job order contract,
10indefinite quantity contract, or both for the procurement of
11construction and construction-related professional services,
12through a municipality, a county board of any county, a body
13politic and corporate, a unit of local government, or a
14national joint purchasing program.
15    (c) Proposal documents shall include a construction task
16catalog containing construction tasks with preset unit prices
17that are based on local labor, material, and equipment prices
18and are for the direct cost of construction.
19    (d) Proposals shall include 3 adjustment factors to be
20applied to unit prices: (1) one adjustment factor for
21performing work during normal working hours; (2) a second
22adjustment factor for performing work during other than normal
23working hours; and (3) an adjustment factor for performing
24non-prepriced tasks.
25    (e) The requests for proposals shall state the relative
26importance of price and other evaluation factors. Proposals

 

 

SB3932- 9 -LRB103 40368 HLH 72645 b

1shall be submitted in 2 parts: the first part shall cover items
2except for price; and the second part shall cover price. The
3first part of all proposals shall be evaluated and ranked
4independently of the second part of all proposals. Evaluation
5factors to be considered in the first part shall include the
6following: (1) the offeror's past experience as a job order
7contractor or indefinite quantity contractor with a
8demonstrated ability to perform a diverse scope of work and a
9firm understanding of job order contract and indefinite
10quantity contract processes; (2) the staffing and
11qualifications of personnel specific to job order contracts or
12indefinite quantity contracts; (3) whether the offeror has
13demonstrated processes and infrastructure to support the
14volume of work orders throughout the State; (4) whether the
15offeror is a local resident with an established home office
16located in the State for at least one year; (5) whether the
17offeror has demonstrated financial ability to finance or
18support multiple projects; (6) the offeror's bonding capacity
19and insurance compliance; (7) the diversity of offeror
20personnel; (8) the offeror's history of meeting or exceeding
21Business Enterprise for Minorities, Women and Persons with
22Disabilities Act (BEP) utilization goals or other similar
23county, State, or municipal minority business participation
24programs; and (9) the offeror's safety record, including the
25offeror's Occupational Safety and Health Administration record
26and experience modification rate.

 

 

SB3932- 10 -LRB103 40368 HLH 72645 b

1    (f) As provided in the request for proposals and under
2rules, discussions may be conducted with responsible offerors
3who submit offers or proposals determined to be reasonably
4susceptible of being selected for award for the purpose of
5clarifying and assuring full understanding of and
6responsiveness to the solicitation requirements. Those
7offerors shall be accorded fair and equal treatment with
8respect to any opportunity for discussion and revision of
9proposals. Revisions may be permitted after submission and
10before award for the purpose of obtaining best and final
11offers. In conducting discussions, there shall be no
12disclosure of any information derived from proposals submitted
13by competing offerors. If information is disclosed to any
14offeror, it shall be provided to all competing offerors.
15    (g) School districts may award multiple job order
16contracts under a single request for proposal. Awards shall be
17made to the responsible offeror or offerors whose proposal is
18determined in writing to be the most advantageous to the
19State, taking into consideration price and the evaluation
20factors set forth in the request for proposals. The contract
21file shall contain the basis on which the award is made. School
22districts may not contract for construction services with the
23same entity that provides the construction task catalog.