Bill Text: IL SB1848 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Reinserts the provisions of the introduced bill with changes. Removes the 2 additional subdivisions of work added to provisions concerning design-bid-build construction. Modifies requirements for single prime projects in which the Capital Development Board or an institution of higher education is the construction agency procuring for building construction contracts in excess of $250,000. Provides that for building construction projects with a total construction cost valued at $20,000,000 or less, 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. Provides that projects with a total construction cost valued greater than $20,000,000 may be bid using the single prime delivery method at the discretion of the institution of higher education. Provides that the Board of Trustees of the University of Illinois may award in each fiscal year single prime contracts with an aggregate total value of no more than $300,000,000. Modifies repeal and inoperative dates. Makes conforming changes. Effective December 15, 2019.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1848 Detail]

Download: Illinois-2019-SB1848-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1848

Introduced 2/15/2019, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:
30 ILCS 500/1-15.93
30 ILCS 500/30-30
330 ILCS 21/40

Amends the Illinois Procurement Code. Modifies the term "single prime" to mean the design-bid-build procurement delivery method for a building construction project in which the Capital Development Board or a public institution of higher education (currently, only the Capital Development Board) is the construction agency procuring 2 or more specified subdivisions of work. Provides that for building construction contracts in excess of $250,000, separate specifications must (rather than may) be prepared for all equipment, labor, and materials in connection with the 7 (currently, 5) subdivisions of the work to be performed. Provides 2 additional subdivisions of work. Modifies requirements concerning specifications to be drawn so as to permit separate and independent bidding. Provides requirements for single prime projects in which the Capital Development Board or an institution of higher education is the construction agency procuring for building construction contracts in excess of $250,000. Extends repeal and inoperative dates. Makes conforming changes. Effective December 15, 2019.
LRB101 10539 RJF 55645 b

A BILL FOR

SB1848LRB101 10539 RJF 55645 b
1 AN ACT concerning finance.
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 1-15.93 and 30-30 as follows:
6 (30 ILCS 500/1-15.93)
7 (Section scheduled to be repealed on January 1, 2020)
8 Sec. 1-15.93. Single prime. "Single prime" means the
9design-bid-build procurement delivery method for a building
10construction project in which the Capital Development Board or
11a public institution of higher education is the construction
12agency procuring 2 or more subdivisions of work enumerated in
13paragraphs (1) through (7) (5) of subsection (a) of Section
1430-30 of this Code under a single contract. This Section is
15repealed on January 1, 2026 2020.
16(Source: P.A. 99-257, eff. 8-4-15.)
17 (30 ILCS 500/30-30)
18 Sec. 30-30. Design-bid-build construction.
19 (a) The provisions of this subsection are operative through
20December 31, 2025 2019.
21 Except as provided in subsections (a-5) or (a-10), for For
22building construction contracts in excess of $250,000,

SB1848- 2 -LRB101 10539 RJF 55645 b
1separate specifications must may be prepared for all equipment,
2labor, and materials in connection with the following 7 5
3subdivisions of the work to be performed:
4 (1) plumbing;
5 (2) heating, piping, refrigeration, and automatic
6 temperature control systems, including the testing and
7 balancing of those systems;
8 (3) ventilating and distribution systems for
9 conditioned air, including the testing and balancing of
10 those systems;
11 (4) electric wiring; and
12 (5) general contract work; .
13 (6) fire protection; and
14 (7) asbestos abatement.
15 Only when a trade is estimated to have a construction
16contract in excess of $100,000, the The specifications must may
17be so drawn as to permit separate and independent bidding upon
18each of the 7 5 subdivisions of work. Except as provided in
19subsections (a-5) and (a-10), all All contracts awarded for any
20part thereof must may award the 7 5 subdivisions of work
21separately to responsible and reliable persons, firms, or
22corporations engaged in these classes of work. The contracts,
23at the discretion of the construction agency, may be assigned
24to the successful bidder on the general contract work or to the
25successful bidder on the subdivision of work designated by the
26construction agency before the bidding as the prime subdivision

SB1848- 3 -LRB101 10539 RJF 55645 b
1of work, provided that all payments will be made directly to
2the contractors for the 7 5 subdivisions of work upon
3compliance with the conditions of the contract.
4 (a-5) Beginning on the effective date of this amendatory
5Act of the 101st General Assembly and through December 31,
62025, for single prime projects in which the Capital
7Development Board is the construction agency procuring for
8building construction contracts in excess of $250,000,
9separate specifications may be prepared for all equipment,
10labor, and materials in connection with the 7 subdivisions of
11work enumerated in subsection (a). Any Capital Development
12Board construction contracts awarded for any part thereof may
13award 2 or more of the 7 subdivisions of work together or
14separately to responsible and reliable persons, firms, or
15corporations engaged in these classes of work.
16 For Capital Development Board single prime projects: (i)
17the bid of the successful low bidder shall identify the name of
18the subcontractor, if any, and the bid proposal costs for each
19of the 7 subdivisions of work set forth in subsection (a); (ii)
20the contract entered into with the successful bidder shall
21provide that no identified subcontractor may be terminated
22without the written consent of the Capital Development Board;
23and (iii) the contract shall comply with the disadvantaged
24business practices of the Business Enterprise for Minorities,
25Women, and Persons with Disabilities Act and the equal
26employment practices of Section 2-105 of the Illinois Human

SB1848- 4 -LRB101 10539 RJF 55645 b
1Rights Act.
2 (a-10) Beginning on the effective date of this amendatory
3Act of the 101st General Assembly and through December 31,
42025, for single prime projects in which an institution of
5higher education is a construction agency procuring for
6building construction contracts in excess of $250,000,
7separate specifications may be prepared for all equipment,
8labor, and materials in connection with the 7 subdivisions of
9work enumerated in subsection (a). Any institution of higher
10education construction contract awarded for any part thereof
11may award 2 or more of the 7 subdivisions of work together or
12separately to responsible and reliable persons, firms, or
13corporations engaged in these classes of work if: (i) the
14project budget is at least $20,000,000; (ii) the institution of
15higher education has submitted to the Procurement Policy Board
16a written request for a public hearing on waiver of the
17application of the requirement of subsection (a) to that
18project, including its reasons for seeking the waiver and why
19the waiver is in the best interest of the State; (iii) the
20institution of higher education has posted notice of the waiver
21hearing on its procurement web page and on the online
22Procurement Bulletin at least 15 working days before the
23hearing; (iv) the Procurement Policy Board, after conducting a
24public hearing on the waiver request, reviews and approves the
25request in writing before the award of the contract; (v) the
26successful low bidder has prequalified with the institution of

SB1848- 5 -LRB101 10539 RJF 55645 b
1higher education, or in the event the institution of higher
2education does not have a prequalification process, the low
3bidder has prequalified with Capital Development Board; (vi)
4the bid of the successful low bidder identifies the name of the
5subcontractor, if any, and the bid proposal costs for each of
6the 7 subdivisions of work set forth in subsection (a); and
7(vii) the contract entered into with the successful bidder
8provides that no identified subcontractor may be terminated
9without the written consent of the institution of higher
10education.
11 With respect to any construction project described in this
12subsection (a-10), the institution of higher education shall:
13(i) provide to the Auditor General an affidavit that the waiver
14of the application of the requirements to subsection (a) is in
15the best interest of the State; (ii) specify in writing as a
16public record that the project shall comply with the Business
17Enterprise for Minorities, Women, and Persons with
18Disabilities Act and the equal employment practices of Section
192-105 of the Illinois Human Rights Act; and (iii) report
20annually to the Governor, General Assembly, Procurement Policy
21Board, and Capital Development Board on the bidding, award, and
22performance of all single prime projects. On or after the
23effective date of this amendatory Act of the 101st General
24Assembly, each institution of higher education may award in
25each year single prime contracts with an aggregate total value
26of no more than $100,000,000.

SB1848- 6 -LRB101 10539 RJF 55645 b
1 Beginning on the effective date of this amendatory Act of
2the 99th General Assembly and through December 31, 2019, for
3single prime projects: (i) the bid of the successful low bidder
4shall identify the name of the subcontractor, if any, and the
5bid proposal costs for each of the 5 subdivisions of work set
6forth in this Section; (ii) the contract entered into with the
7successful bidder shall provide that no identified
8subcontractor may be terminated without the written consent of
9the Capital Development Board; (iii) the contract shall comply
10with the disadvantaged business practices of the Business
11Enterprise for Minorities, Women, and Persons with
12Disabilities Act and the equal employment practices of Section
132-105 of the Illinois Human Rights Act; (iv) the Capital
14Development Board shall submit a quarterly report to the
15Procurement Policy Board with information on the general scope,
16project budget, and established Business Enterprise Program
17goals for any single prime procurement bid in the previous 3
18months with a total construction cost valued at $10,000,000 or
19less; and (v) the Capital Development Board shall submit an
20annual report to the General Assembly and Governor on the
21bidding, award, and performance of all single prime projects.
22 For building construction projects with a total
23construction cost valued at $5,000,000 or less, the Capital
24Development Board shall not use the single prime procurement
25delivery method for more than 50% of the total number of
26projects bid for each fiscal year. Any project with a total

SB1848- 7 -LRB101 10539 RJF 55645 b
1construction cost valued greater than $5,000,000 may be bid
2using single prime at the discretion of the Executive Director
3of the Capital Development Board.
4 Beginning on the effective date of this amendatory Act of
5the 99th General Assembly and through December 31, 2017, the
6Capital Development Board shall, on a weekly basis: review the
7projects that have been designed, and approved to bid; and, for
8every fifth determination to use the single prime procurement
9delivery method for a project under $10,000,000, submit to the
10Procurement Policy Board a written notice of its intent to use
11the single prime method on the project. The notice shall
12include the reasons for using the single prime method and an
13explanation of why the use of that method is in the best
14interest of the State. The Capital Development Board shall post
15the notice on its online procurement webpage and on the online
16Procurement Bulletin at least 3 business days following
17submission. The Procurement Policy Board shall review and
18provide its decision on the use of the single prime method for
19every fifth use of the single prime procurement delivery method
20for a project under $10,000,000 within 7 business days of
21receipt of the notice from the Capital Development Board.
22Approval by the Procurement Policy Board shall not be
23unreasonably withheld and shall be provided unless the
24Procurement Policy Board finds that the use of the single prime
25method is not in the best interest of the State. Any decision
26by the Procurement Policy Board to disapprove the use of the

SB1848- 8 -LRB101 10539 RJF 55645 b
1single prime method shall be made in writing to the Capital
2Development Board, posted on the online Procurement Bulletin,
3and shall state the reasons why the single prime method was
4disapproved and why it is not in the best interest of the
5State.
6 (b) The provisions of this subsection are operative on and
7after January 1, 2026 2020. For building construction contracts
8in excess of $250,000, separate specifications shall be
9prepared for all equipment, labor, and materials in connection
10with the following 7 5 subdivisions of the work to be
11performed:
12 (1) plumbing;
13 (2) heating, piping, refrigeration, and automatic
14 temperature control systems, including the testing and
15 balancing of those systems;
16 (3) ventilating and distribution systems for
17 conditioned air, including the testing and balancing of
18 those systems;
19 (4) electric wiring; and
20 (5) general contract work; .
21 (6) fire protection; and
22 (7) asbestos abatement.
23 Only when a trade is estimated to have a construction
24contract in excess of $100,000, the The specifications must be
25so drawn as to permit separate and independent bidding upon
26each of the 7 5 subdivisions of work. All contracts awarded for

SB1848- 9 -LRB101 10539 RJF 55645 b
1any part thereof shall award the 7 5 subdivisions of work
2separately to responsible and reliable persons, firms, or
3corporations engaged in these classes of work. The contracts,
4at the discretion of the construction agency, may be assigned
5to the successful bidder on the general contract work or to the
6successful bidder on the subdivision of work designated by the
7construction agency before the bidding as the prime subdivision
8of work, provided that all payments will be made directly to
9the contractors for the 7 5 subdivisions of work upon
10compliance with the conditions of the contract.
11(Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)
12 Section 10. The Quincy Veterans' Home Rehabilitation and
13Rebuilding Act is amended by changing Section 40 as follows:
14 (330 ILCS 21/40)
15 (Section scheduled to be repealed on July 17, 2023)
16 Sec. 40. Submission of proposals. Proposals must be
17properly identified and sealed. Proposals may not be reviewed
18until after the deadline for submission has passed as set forth
19in the request for proposal. All design-build entities
20submitting proposals shall be disclosed after the deadline for
21submission, and all design-build entities who are selected for
22Phase II evaluation shall also be disclosed at the time of that
23determination.
24 Proposals shall include a bid bond in the form and security

SB1848- 10 -LRB101 10539 RJF 55645 b
1as designated in the request for proposal. Proposals shall also
2contain a separate sealed envelope with the cost information
3within the overall proposal submission. Proposals shall
4include a list of all design professionals and other entities
5as defined in Section 30-30 of the Illinois Procurement Code to
6which any work may be subcontracted during the performance of
7the contract. Any entity that will perform any of the 7 5
8subdivisions of work defined in Section 30-30 of the Illinois
9Procurement Code must meet prequalification standards of the
10State construction agency.
11 Proposals must meet all material requirements of the
12request for proposal or they may be rejected as non-responsive.
13The State construction agency shall have the right to reject
14any and all proposals.
15 The drawings and specifications of the proposal shall
16remain the property of the design-build entity.
17 The State construction agency shall review the proposals
18for compliance with the performance criteria and evaluation
19factors.
20 Proposals may be withdrawn prior to evaluation for any
21cause. After evaluation begins by the State construction
22agency, clear and convincing evidence of error is required for
23withdrawal.
24(Source: P.A. 100-610, eff. 7-17-18.)
25 Section 99. Effective date. This Act takes effect December
2615, 2019.
feedback