Full Text of HB3497 99th General Assembly
HB3497enr 99TH GENERAL ASSEMBLY |
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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 and by adding Section 1-15.93 as | 6 | | follows: | 7 | | (30 ILCS 500/1-15.93 new) | 8 | | Sec. 1-15.93. Single prime. "Single prime" means the | 9 | | design-bid-build procurement delivery method for a building | 10 | | construction project in which the Capital Development Board is | 11 | | the construction agency procuring 2 or more subdivisions of | 12 | | work enumerated in paragraphs (1) through (5) of subsection (a) | 13 | | of Section 30-30 of this Code under a single contract. This | 14 | | Section is repealed on January 1, 2020.
| 15 | | (30 ILCS 500/30-30)
| 16 | | Sec. 30-30. Design-bid-build construction. Contracts in | 17 | | excess of $250,000. | 18 | | (a) The provisions of this subsection are operative through | 19 | | December 31, 2019. | 20 | | For
building construction contracts in excess of
$250,000, | 21 | | separate specifications may shall be prepared for all
| 22 | | equipment, labor, and materials in
connection with the |
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| 1 | | following 5 subdivisions of the work to be
performed:
| 2 | | (1) plumbing;
| 3 | | (2) heating, piping, refrigeration, and automatic
| 4 | | temperature control systems,
including the testing and | 5 | | balancing of those systems;
| 6 | | (3) ventilating and distribution systems for
| 7 | | conditioned air, including the testing
and balancing of | 8 | | those systems;
| 9 | | (4) electric wiring; and
| 10 | | (5) general contract work.
| 11 | | The specifications may must be so drawn as to permit | 12 | | separate and
independent bidding upon
each of the 5 | 13 | | subdivisions of work. All contracts awarded
for any part | 14 | | thereof may shall
award the 5 subdivisions of work separately | 15 | | to responsible and
reliable persons, firms, or
corporations | 16 | | engaged in these classes of work. The contracts, at
the | 17 | | discretion of the
construction agency, may be assigned to the | 18 | | successful bidder on
the general contract work or
to the | 19 | | successful bidder on the subdivision of work designated by
the | 20 | | construction agency before
the bidding as the prime subdivision | 21 | | of work, provided that all
payments will be made directly
to | 22 | | the contractors for the 5 subdivisions of work upon compliance
| 23 | | with the conditions of the
contract.
| 24 | | Beginning on the effective date of this amendatory Act of | 25 | | the 99th General Assembly and through December 31, 2019, for | 26 | | single prime projects: (i) the bid of the successful low bidder |
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| 1 | | shall identify the name of the subcontractor, if any, and the | 2 | | bid proposal costs for each of the 5 subdivisions of work set | 3 | | forth in this Section; (ii) the contract entered into with the | 4 | | successful bidder shall provide that no identified | 5 | | subcontractor may be terminated without the written consent of | 6 | | the Capital Development Board; (iii) the contract shall comply | 7 | | with the disadvantaged business practices of the Business | 8 | | Enterprise for Minorities, Females, and Persons with | 9 | | Disabilities Act and the equal employment practices of Section | 10 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 11 | | Development Board shall submit a quarterly report to the | 12 | | Procurement Policy Board with information on the general scope, | 13 | | project budget, and established Business Enterprise Program | 14 | | goals for any single prime procurement bid in the previous 3 | 15 | | months with a total construction cost valued at $10,000,000 or | 16 | | less; and (v) the Capital Development Board shall submit an | 17 | | annual report to the General Assembly and Governor on the | 18 | | bidding, award, and performance of all single prime projects. | 19 | | For building construction projects with a total | 20 | | construction cost valued at $5,000,000 or less, the Capital | 21 | | Development Board shall not use the single prime procurement | 22 | | delivery method for more than 50% of the total number of | 23 | | projects bid for each fiscal year. Any project with a total | 24 | | construction cost valued greater than $5,000,000 may be bid | 25 | | using single prime at the discretion of the Executive Director | 26 | | of the Capital Development Board. |
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| 1 | | Beginning on the effective date of this amendatory Act of | 2 | | the 99th General Assembly and through December 31, 2017, the | 3 | | Capital Development Board shall, on a weekly basis: review the | 4 | | projects that have been designed, and approved to bid; and, for | 5 | | every fifth determination to use the single prime procurement | 6 | | delivery method for a project under $10,000,000, submit to the | 7 | | Procurement Policy Board a written notice of its intent to use | 8 | | the single prime method on the project. The notice shall | 9 | | include the reasons for using the single prime method and an | 10 | | explanation of why the use of that method is in the best | 11 | | interest of the State. The Capital Development Board shall post | 12 | | the notice on its online procurement webpage and on the online | 13 | | Procurement Bulletin at least 3 business days following | 14 | | submission. The Procurement Policy Board shall review and | 15 | | provide its decision on the use of the single prime method for | 16 | | every fifth use of the single prime procurement delivery method | 17 | | for a project under $10,000,000 within 7 business days of | 18 | | receipt of the notice from the Capital Development Board. | 19 | | Approval by the Procurement Policy Board shall not be | 20 | | unreasonably withheld and shall be provided unless the | 21 | | Procurement Policy Board finds that the use of the single prime | 22 | | method is not in the best interest of the State. Any decision | 23 | | by the Procurement Policy Board to disapprove the use of the | 24 | | single prime method shall be made in writing to the Capital | 25 | | Development Board, posted on the online Procurement Bulletin, | 26 | | and shall state the reasons why the single prime method was |
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| 1 | | disapproved and why it is not in the best interest of the | 2 | | State. | 3 | | (b) The provisions of this subsection are operative on and | 4 | | after January 1, 2020.
For building construction contracts in | 5 | | excess of $250,000, separate specifications shall be prepared | 6 | | for all equipment, labor, and materials in connection with the | 7 | | following 5 subdivisions of the work to be performed: | 8 | | (1) plumbing; | 9 | | (2) heating, piping, refrigeration, and automatic | 10 | | temperature control systems, including the testing and | 11 | | balancing of those systems; | 12 | | (3) ventilating and distribution systems for | 13 | | conditioned air, including the testing and balancing of | 14 | | those systems; | 15 | | (4) electric wiring; and | 16 | | (5) general contract work. | 17 | | The specifications must be so drawn as to permit separate | 18 | | and independent bidding upon each of the 5 subdivisions of | 19 | | work. All contracts awarded for any part thereof shall award | 20 | | the 5 subdivisions of work separately to responsible and | 21 | | reliable persons, firms, or corporations engaged in these | 22 | | classes of work. The contracts, at the discretion of the | 23 | | construction agency, may be assigned to the successful bidder | 24 | | on the general contract work or to the successful bidder on the | 25 | | subdivision of work designated by the construction agency | 26 | | before the bidding as the prime subdivision of work, provided |
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| 1 | | that all payments will be made directly to the contractors for | 2 | | the 5 subdivisions of work upon compliance with the conditions | 3 | | of the contract. | 4 | | Until a date 4 years after July 1, 2011, the requirements | 5 | | of this Section do not apply to a construction project for | 6 | | which the Capital Development Board is the construction agency | 7 | | if: (i) the project budget is at least $15,000,000; (ii) the | 8 | | Capital Development Board has submitted to the Procurement | 9 | | Policy Board a written request for a public hearing on waiver | 10 | | of the application of the requirements of this Section to that | 11 | | project, including its reasons for seeking the waiver and why | 12 | | the waiver is in the best interest of the State; (iii) the | 13 | | Capital Development Board has posted notice of the waiver | 14 | | hearing on its procurement web page and on the online | 15 | | Procurement Bulletin at least 15 calendar days before the | 16 | | hearing;
(iv) the Procurement Policy Board, after conducting | 17 | | the public hearing on the waiver request, reviews and approves | 18 | | the request in writing before the award of the contract; (v) | 19 | | the successful low bidder has prequalified with the Capital | 20 | | Development Board; (vi) the bid of the successful low bidder | 21 | | identifies the name of the subcontractor, if any, and the bid | 22 | | proposal costs for each of the 5 subdivisions of work set forth | 23 | | in this Section; and (vii) the contract entered into with the | 24 | | successful bidder provides that no identified subcontractor | 25 | | may be terminated without the written consent of the Capital | 26 | | Development Board.
With respect to any construction project |
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| 1 | | described in this paragraph, the Capital Development Board | 2 | | shall: (i) provide to the Auditor General an affidavit that the | 3 | | waiver of the application of the requirements of this Section | 4 | | is in the best interest of the State; (ii) specify in writing | 5 | | as a public record that the project shall comply with the | 6 | | disadvantaged business practices of the Business Enterprise | 7 | | for Minorities, Females, and Persons with Disabilities Act and | 8 | | the equal employment practices of Section 2-105 of the Illinois | 9 | | Human Rights Act; and (iii) report annually to the Governor and | 10 | | the General Assembly on the bidding, award, and performance. On | 11 | | and after January 1, 2009 (the effective date of Public Act | 12 | | 95-758), the Capital Development Board may award in each year | 13 | | contracts with an aggregate total value of no more than | 14 | | $200,000,000 with respect to construction projects described | 15 | | in this paragraph. | 16 | | Until a date 11 years after November 29, 2005 (the | 17 | | effective date of Public Act 94-699), the requirements of this | 18 | | Section do not apply to the Capitol Building HVAC upgrade | 19 | | project if (i) the bid of the successful bidder identifies the | 20 | | name of the subcontractor, if any, and the bid proposal costs | 21 | | for each of the 5 subdivisions of work set forth in this | 22 | | Section, and (ii) the contract entered into with the successful | 23 | | bidder provides that no identified subcontractor may be | 24 | | terminated without the written consent of the Capital | 25 | | Development Board.
| 26 | | (Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; |
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| 1 | | 98-1076, eff. 1-1-15 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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