Full Text of SB2120 101st General Assembly
SB2120ham002 101ST GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 5/21/2019
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| 1 | | AMENDMENT TO SENATE BILL 2120
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2120 as follows:
| 3 | | on page 9, immediately below line 25, by inserting the | 4 | | following: | 5 | | "Section 15. The Illinois Procurement Code is amended by | 6 | | changing Sections 1-15.93 and 30-30 as follows: | 7 | | (30 ILCS 500/1-15.93) | 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 1-15.93. Single prime. "Single prime" means the | 10 | | design-bid-build procurement delivery method for a building | 11 | | construction project in which the Capital Development Board is | 12 | | the construction agency procuring 2 or more subdivisions of | 13 | | work enumerated in paragraphs (1) through (5) of subsection (a) | 14 | | of Section 30-30 of this Code under a single contract. This | 15 | | Section is repealed on January 1, 2021 2020 .
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| 1 | | (Source: P.A. 99-257, eff. 8-4-15.)
| 2 | | (30 ILCS 500/30-30)
| 3 | | Sec. 30-30. Design-bid-build construction. | 4 | | (a) The provisions of this subsection are operative through | 5 | | December 31, 2020 2019 . | 6 | | For
building construction contracts in excess of
$250,000, | 7 | | separate specifications may be prepared for all
equipment, | 8 | | labor, and materials in
connection with the following 5 | 9 | | subdivisions of the work to be
performed:
| 10 | | (1) plumbing;
| 11 | | (2) heating, piping, refrigeration, and automatic
| 12 | | temperature control systems,
including the testing and | 13 | | balancing of those systems;
| 14 | | (3) ventilating and distribution systems for
| 15 | | conditioned air, including the testing
and balancing of | 16 | | those systems;
| 17 | | (4) electric wiring; and
| 18 | | (5) general contract work.
| 19 | | The specifications may be so drawn as to permit separate | 20 | | and
independent bidding upon
each of the 5 subdivisions of | 21 | | work. All contracts awarded
for any part thereof may
award the | 22 | | 5 subdivisions of work separately to responsible and
reliable | 23 | | persons, firms, or
corporations engaged in these classes of | 24 | | work. The contracts, at
the discretion of the
construction | 25 | | agency, may be assigned to the successful bidder on
the general |
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| 1 | | contract work or
to the successful bidder on the subdivision of | 2 | | work designated by
the construction agency before
the bidding | 3 | | as the prime subdivision of work, provided that all
payments | 4 | | will be made directly
to the contractors for the 5 subdivisions | 5 | | of work upon compliance
with the conditions of the
contract.
| 6 | | Beginning on the effective date of this amendatory Act of | 7 | | the 101st 99th General Assembly and through December 31, 2020 | 8 | | 2019 , for single prime projects: (i) the bid of the successful | 9 | | low bidder shall identify the name of the subcontractor, if | 10 | | any, and the bid proposal costs for each of the 5 subdivisions | 11 | | of work set forth in this Section; (ii) the contract entered | 12 | | into with the successful bidder shall provide that no | 13 | | identified subcontractor may be terminated without the written | 14 | | consent of the Capital Development Board; (iii) the contract | 15 | | shall comply with the disadvantaged business practices of the | 16 | | Business Enterprise for Minorities, Women, and Persons with | 17 | | Disabilities Act and the equal employment practices of Section | 18 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 19 | | Development Board shall submit a quarterly report to the | 20 | | Procurement Policy Board with information on the general scope, | 21 | | project budget, and established Business Enterprise Program | 22 | | goals for any single prime procurement bid in the previous 3 | 23 | | months with a total construction cost valued at $10,000,000 or | 24 | | less; and (iv) (v) the Capital Development Board shall submit | 25 | | an annual report to the General Assembly and Governor on the | 26 | | bidding, award, and performance of all single prime projects. |
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| 1 | | For building construction projects with a total | 2 | | construction cost valued at $5,000,000 or less, the Capital | 3 | | Development Board shall not use the single prime procurement | 4 | | delivery method for more than 50% of the total number of | 5 | | projects bid for each fiscal year. Any project with a total | 6 | | construction cost valued greater than $5,000,000 may be bid | 7 | | using single prime at the discretion of the Executive Director | 8 | | of the Capital Development Board. | 9 | | Beginning on the effective date of this amendatory Act of | 10 | | the 99th General Assembly and through December 31, 2017, the | 11 | | Capital Development Board shall, on a weekly basis: review the | 12 | | projects that have been designed, and approved to bid; and, for | 13 | | every fifth determination to use the single prime procurement | 14 | | delivery method for a project under $10,000,000, submit to the | 15 | | Procurement Policy Board a written notice of its intent to use | 16 | | the single prime method on the project. The notice shall | 17 | | include the reasons for using the single prime method and an | 18 | | explanation of why the use of that method is in the best | 19 | | interest of the State. The Capital Development Board shall post | 20 | | the notice on its online procurement webpage and on the online | 21 | | Procurement Bulletin at least 3 business days following | 22 | | submission. The Procurement Policy Board shall review and | 23 | | provide its decision on the use of the single prime method for | 24 | | every fifth use of the single prime procurement delivery method | 25 | | for a project under $10,000,000 within 7 business days of | 26 | | receipt of the notice from the Capital Development Board. |
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| 1 | | Approval by the Procurement Policy Board shall not be | 2 | | unreasonably withheld and shall be provided unless the | 3 | | Procurement Policy Board finds that the use of the single prime | 4 | | method is not in the best interest of the State. Any decision | 5 | | by the Procurement Policy Board to disapprove the use of the | 6 | | single prime method shall be made in writing to the Capital | 7 | | Development Board, posted on the online Procurement Bulletin, | 8 | | and shall state the reasons why the single prime method was | 9 | | disapproved and why it is not in the best interest of the | 10 | | State. | 11 | | (b) The provisions of this subsection are operative on and | 12 | | after January 1, 2021 2020 .
For building construction contracts | 13 | | in excess of $250,000, separate specifications shall be | 14 | | prepared for all equipment, labor, and materials in connection | 15 | | with the following 5 subdivisions of the work to be performed: | 16 | | (1) plumbing; | 17 | | (2) heating, piping, refrigeration, and automatic | 18 | | temperature control systems, including the testing and | 19 | | balancing of those systems; | 20 | | (3) ventilating and distribution systems for | 21 | | conditioned air, including the testing and balancing of | 22 | | those systems; | 23 | | (4) electric wiring; and | 24 | | (5) general contract work. | 25 | | The specifications must be so drawn as to permit separate | 26 | | and independent bidding upon each of the 5 subdivisions of |
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| 1 | | work. All contracts awarded for any part thereof shall award | 2 | | the 5 subdivisions of work separately to responsible and | 3 | | reliable persons, firms, or corporations engaged in these | 4 | | classes of work. The contracts, at the discretion of the | 5 | | construction agency, may be assigned to the successful bidder | 6 | | on the general contract work or to the successful bidder on the | 7 | | subdivision of work designated by the construction agency | 8 | | before the bidding as the prime subdivision of work, provided | 9 | | that all payments will be made directly to the contractors for | 10 | | the 5 subdivisions of work upon compliance with the conditions | 11 | | of the contract. | 12 | | (Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)"; | 13 | | and
| 14 | | on page 10, lines 1 and 2, by replacing "January 1, 2020" with | 15 | | "December 15, 2019".
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