Public Act 099-0257
 
HB3497 EnrolledLRB099 10663 JWD 30912 b


  
    AN ACT concerning finance.
  
 
    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 Section 30-30  and by adding Section 1-15.93 as 
follows:
 
    (30 ILCS 500/1-15.93 new)
    Sec. 1-15.93. Single prime. "Single prime" means the 
design-bid-build procurement delivery method for a building 
construction project in which the Capital Development Board is 
the construction agency procuring 2 or more subdivisions of 
work enumerated in paragraphs (1) through (5) of subsection (a) 
of Section 30-30 of this Code under a single contract.  This 
Section is repealed on January 1, 2020.
 


    (30 ILCS 500/30-30)




    Sec. 30-30. Design-bid-build construction. Contracts in 
excess of $250,000. 
    (a) The provisions of this subsection are operative through 
December 31, 2019. 
    For
building construction contracts in excess of
 $250,000, 
separate specifications may shall be prepared for all

equipment, labor, and materials in
connection with the 
following 5 subdivisions of the work to be
performed:

        (1) plumbing;

        (2) heating, piping, refrigeration, and automatic

    temperature control systems,
including the testing and 
    balancing of those systems;

        (3) ventilating and distribution systems for

    conditioned air, including the testing
and balancing of 
    those systems;

        (4) electric wiring; and

        (5) general contract work.

    The specifications may must be so drawn as to permit 
separate and
independent bidding upon
each of the 5 
subdivisions of work.  All contracts awarded
for any part 
thereof may shall
award the 5 subdivisions of work separately 
to responsible and
reliable persons, firms, or
corporations 
engaged in these classes of work.  The contracts, at
the 
discretion of the
construction agency, may be assigned to the 
successful bidder on
the general contract work or
to the 
successful bidder on the subdivision of work designated by
the 
construction agency before
the bidding as the prime subdivision 
of work, provided that all
payments will be made directly
to 
the contractors for the 5 subdivisions of work upon compliance

with the conditions of the
contract.

    Beginning on the effective date of this amendatory Act of 
the 99th General Assembly and through December 31, 2019, for 
single prime projects: (i) the bid of the successful low bidder 
shall identify the name of the subcontractor, if any, and the 
bid proposal costs for each of the 5 subdivisions of work set 
forth in this Section; (ii) the contract entered into with the 
successful bidder shall provide that no identified 
subcontractor may be terminated without the written consent of 
the Capital Development Board; (iii) the contract shall comply 
with the disadvantaged business practices of the Business 
Enterprise for Minorities, Females, and Persons with 
Disabilities Act and the equal employment practices of Section 
2-105 of the Illinois Human Rights Act;     (iv) the Capital 
Development Board shall submit a quarterly report to the 
Procurement Policy Board with information on the general scope, 
project budget, and established Business Enterprise Program 
goals for any single prime procurement bid in the previous 3 
months with a total construction cost valued at $10,000,000 or 
less; and (v) the Capital Development Board shall submit an 
annual report to the General Assembly and Governor on the 
bidding, award, and performance of all single prime projects.
    For building construction projects with a total 
construction cost valued at $5,000,000 or less, the Capital 
Development Board shall not use the single prime procurement 
delivery method for more than 50% of the total number of 
projects bid for each fiscal year.  Any project with a total 
construction cost valued greater than $5,000,000 may be bid 
using single prime at the discretion of the Executive Director 
of the Capital Development Board.
    Beginning on the effective date of this amendatory Act of 
the 99th General Assembly and through December 31, 2017, the 
Capital Development Board shall, on a weekly basis: review the 
projects that have been designed, and approved to bid; and, for 
every fifth determination to use the single prime procurement 
delivery method for a project under $10,000,000, submit to the 
Procurement Policy Board a written notice of its intent to use 
the single prime method on the project. The notice shall 
include the reasons for using the single prime method and an 
explanation of why the use of that method is in the best 
interest of the State. The Capital Development Board shall post 
the notice on its online procurement webpage and on the online 
Procurement Bulletin at least 3 business days following 
submission. The Procurement Policy Board shall review and 
provide its decision on the use of the single prime method for 
every fifth use of the single prime procurement delivery method 
for a project under $10,000,000 within 7 business days of 
receipt of the notice from the Capital Development Board. 
Approval by the Procurement Policy Board shall not be 
unreasonably withheld and shall be provided unless the 
Procurement Policy Board finds that the use of the single prime 
method is not in the best interest of the State.  Any decision 
by the Procurement Policy Board to disapprove the use of the 
single prime method shall be made in writing to the Capital 
Development Board, posted on the online Procurement Bulletin, 
and shall state the reasons why the single prime method was 
disapproved and why it is not in the best interest of the 
State.
    (b) The provisions of this subsection are operative on and 
after January 1, 2020.

For building construction contracts in 
excess of $250,000, separate specifications shall be prepared 
for all equipment, labor, and materials in connection with the 
following 5 subdivisions of the work to be performed:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic 
    temperature control systems, including the testing and 
    balancing of those systems;
        (3) ventilating and distribution systems for 
    conditioned air, including the testing and balancing of 
    those systems;
        (4) electric wiring; and
        (5) general contract work.
    The specifications must be so drawn as to permit separate 
and independent bidding upon each of the 5 subdivisions of 
work. All contracts awarded for any part thereof shall award 
the 5 subdivisions of work separately to responsible and 
reliable persons, firms, or corporations engaged in these 
classes of work. The contracts, at the discretion of the 
construction agency, may be assigned to the successful bidder 
on the general contract work or to the successful bidder on the 
subdivision of work designated by the construction agency 
before the bidding as the prime subdivision of work, provided 
that all payments will be made directly to the contractors for 
the 5 subdivisions of work upon compliance with the conditions 
of the contract. 
    Until a date 4 years after July 1, 2011, the requirements 
of this Section do not apply to a construction project for 
which the Capital Development Board is the construction agency 
if: (i) the project budget is at least $15,000,000; (ii) the 
Capital Development Board has submitted to the Procurement 
Policy Board a written request for a public hearing on waiver 
of the application of the requirements of this Section to that  
project, including its reasons for seeking the   waiver and why 
the waiver is in the best interest of the State; (iii) the 
Capital Development Board has posted notice of the waiver 
hearing on its procurement web page and on the online 
Procurement Bulletin at least 15 calendar days before the 
hearing;


(iv) the Procurement Policy Board, after conducting 
the public hearing on the waiver request, reviews and approves 
the request in writing before the award of the contract; (v) 
the successful low bidder has prequalified with the Capital 
Development Board; (vi) the bid of the successful low bidder 
identifies the name of the subcontractor, if any, and the bid 
proposal costs for each of the 5 subdivisions of work set forth 
in this Section; and (vii) the contract entered into with the 
successful bidder provides that no identified subcontractor 
may be terminated without the written consent of the Capital 
Development Board.
With respect to any construction project 
described in this paragraph, the Capital Development Board 
shall: (i) provide to the Auditor General an affidavit that the 
waiver of the application of the requirements of this Section 
is in the best interest of the State; (ii) specify in writing 
as a public record that the project shall comply with the 
disadvantaged business practices of the Business Enterprise 
for Minorities, Females, and Persons with Disabilities Act and 
the equal employment practices of Section 2-105 of the Illinois 
Human Rights Act; and (iii) report annually to the Governor and 
the General Assembly on the bidding, award, and performance. On 
and after January 1, 2009 (the effective date of Public Act 
95-758), the Capital Development Board may award in each year 
contracts with an aggregate total value of no more than 
$200,000,000 with respect to construction projects described 
in this paragraph.
    Until a date 11 years after November 29, 2005 (the 
effective date of Public Act 94-699), the requirements of this 
Section do not apply to the Capitol Building HVAC upgrade 
project if (i) the bid of the successful bidder identifies the 
name of the subcontractor, if any, and the bid proposal costs 
for each of the 5 subdivisions of work set forth in this 
Section, and (ii) the contract entered into with the successful 
bidder provides that no identified subcontractor may be 
terminated without the written consent of the Capital 
Development Board.
 
(Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; 
98-1076, eff. 1-1-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.