Bill Text: IL SB3932 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - Referred to Assignments [SB3932 Detail]

Download: Illinois-2023-SB3932-Introduced.html

---

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
SB3932 LRB103 40368 HLH 72645 b
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,

SB3932 - 2 - LRB103 40368 HLH 72645 b
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

SB3932 - 3 - LRB103 40368 HLH 72645 b
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

SB3932 - 4 - LRB103 40368 HLH 72645 b
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

SB3932 - 5 - LRB103 40368 HLH 72645 b
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.

SB3932 - 6 - LRB103 40368 HLH 72645 b
(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.

SB3932 - 7 - LRB103 40368 HLH 72645 b
(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

SB3932 - 8 - LRB103 40368 HLH 72645 b
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

SB3932 - 9 - LRB103 40368 HLH 72645 b
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.

SB3932 - 10 - LRB103 40368 HLH 72645 b