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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Department of Transportation Law of the
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5 | | Civil Administrative Code of Illinois is amended by changing |
6 | | Section 2705-595 and by adding Section 2705-607 as follows: |
7 | | (20 ILCS 2705/2705-595)
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8 | | Sec. 2705-595. Prequalification of minority-owned and |
9 | | women-owned contractors. |
10 | | (a) The Department shall, within 30 days after the |
11 | | effective date of this amendatory Act of the 96th General |
12 | | Assembly, establish a committee to review the rules for |
13 | | prequalification of contractors adopted by the Department at 44 |
14 | | Illinois Administrative Code 650. The purpose of the review is |
15 | | to determine whether the rules for prequalification operate as |
16 | | a barrier to minority-owned and women-owned contractors |
17 | | becoming prequalified to bid on or make proposals for |
18 | | Department contracts. The committee shall, in addition to |
19 | | Department staff, be constituted with membership representing |
20 | | the construction industry and minority-owned and women-owned |
21 | | contractors. The committee shall complete its work and make |
22 | | recommendations for any changes to the rules for |
23 | | prequalification to the Secretary of Transportation within 180 |
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1 | | days after the effective date of this amendatory Act of the |
2 | | 96th General Assembly.
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3 | | (b) The Department, in conjunction with the Capital |
4 | | Development Board, shall hold 2 public hearings to determine |
5 | | whether a more effective, efficient, and less burdensome method |
6 | | exists to prequalify an architect, engineer, or contractor. The |
7 | | hearings shall also specifically determine how the Department |
8 | | can obtain greater participation in the bidding process of |
9 | | small contractors and minority, female, disabled, and veteran |
10 | | architects, engineers, and contractors. The Department and the |
11 | | Capital Development Board shall collect data to review at the |
12 | | hearings, which shall include, but is not limited to, |
13 | | percentages and the number of minority, female, disabled, and |
14 | | veteran employees who are hired for each trade necessary for |
15 | | each project. The Department and the Capital Development Board |
16 | | shall issue their joint findings and recommendations to the |
17 | | Governor and the General Assembly no later than January 1, |
18 | | 2018. |
19 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
20 | | for the effective date of P.A. 96-795) .) |
21 | | (20 ILCS 2705/2705-607 new) |
22 | | Sec. 2705-607. Performance evaluation; contractor. |
23 | | (a) For purposes of this Section, "Performance Factor" |
24 | | means a numerical value determined by the contractor's |
25 | | performance evaluation in a work category during the previous |
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1 | | year. |
2 | | (b) At the close of each construction season, the |
3 | | Department, other State agencies or authorities using |
4 | | contractors based on the prequalification standards of the |
5 | | Department, and officials of a unit of local government |
6 | | administering a contract approved for award by the Department, |
7 | | shall evaluate each contractor who performed work for them |
8 | | during the previous year as either a prime contractor or a |
9 | | subcontractor. The information shall be submitted on the |
10 | | Contractor's Annual Performance Report and shall be subject to |
11 | | disclosure under the Freedom of Information Act. The |
12 | | performance evaluation shall be based upon: |
13 | | (1) the quality of work performed for each work |
14 | | category under 44 Ill. Admin. Code 650; and |
15 | | (2) the overall execution of work measured by: |
16 | | (A) organization and prosecution of work; |
17 | | (B) cooperation with public agency personnel |
18 | | responsible for contract administration and |
19 | | inspection; |
20 | | (C) traffic control and site protection under |
21 | | contract requirements; |
22 | | (D) compliance with the Equal Employment |
23 | | Opportunity program and labor requirements; |
24 | | (E) erosion control; and |
25 | | (F) the contractor's ability to meet the Quality |
26 | | Control plan and Quality Assurance plan under contract |
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1 | | requirements for materials production and construction |
2 | | quality control. |
3 | | (c) The performance evaluation scale is a rating from 0 to |
4 | | 8 in accordance with the following definitions: |
5 | | (1) "8" means excellent; |
6 | | (2) "7" means good; |
7 | | (3) "6" means satisfactory; |
8 | | (4) "3" means marginal; and |
9 | | (5) "0" means poor. |
10 | | (d) The quality and evaluating categories under execution |
11 | | of work are rated as follows: |
12 | | (1) to determine the contractor's quality of |
13 | | performance, the Department shall consider the project's |
14 | | durability and appearance, knowledge of supervisory |
15 | | personnel, and compliance with contract requirements and |
16 | | shall evaluate the performance based on the following |
17 | | scale: |
18 | | (A) if the contractor exceeded project |
19 | | requirements in all areas considered, he or she shall |
20 | | receive an 8; |
21 | | (B) if the contractor exceeded project |
22 | | requirements in a majority of areas considered, he or |
23 | | she shall receive a 7; |
24 | | (C) if the contractor met project requirements in |
25 | | all areas considered, he or she shall receive a 6; |
26 | | (D) if the contractor did not meet project |
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1 | | requirements in one area considered, he or she shall |
2 | | receive a 3; and |
3 | | (E) if the contractor did not meet project |
4 | | requirements in 2 or more areas considered, he or she |
5 | | shall receive a 0; |
6 | | (2) to determine the contractor's organization and |
7 | | prosecution, the Department shall consider the |
8 | | contractor's ability to diligently prosecute work by |
9 | | planning and scheduling labor, materials, and the work of |
10 | | subcontractors on the project site and shall evaluate the |
11 | | organization and prosecution based on the following scale: |
12 | | (A) if the contractor exceeded project |
13 | | requirements in all areas considered and completed the |
14 | | project well ahead of schedule, he or she shall receive |
15 | | an 8; |
16 | | (B) if the contractor exceeded project |
17 | | requirements in a majority of areas considered and the |
18 | | project was completed slightly ahead of schedule, he or |
19 | | she shall receive a 7; |
20 | | (C) if the contractor met project requirements in |
21 | | all areas considered and the scheduled completion date |
22 | | was met, he or she shall receive a 6; |
23 | | (D) if the contractor did not meet project |
24 | | requirements in one area considered and occasionally |
25 | | did not work when conditions permitted and the |
26 | | scheduled completion date was met, he or she shall |
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1 | | receive a 3; and |
2 | | (E) if the contractor did not meet project |
3 | | requirements in 2 or more areas considered and the |
4 | | scheduled completion date was not met, he or she shall |
5 | | receive a 0; |
6 | | (3) to determine the contractor's cooperation, the |
7 | | Department shall consider the contractor's willingness to |
8 | | negotiate contract disputes, to respond to reasonable |
9 | | requests by the resident engineer, and to respond to |
10 | | various correspondence from the Department and shall |
11 | | evaluate the cooperation based on the following scale: |
12 | | (A) if the contractor exceeded project |
13 | | requirements in all areas considered, he or she shall |
14 | | receive an 8; |
15 | | (B) if the contractor exceeded project |
16 | | requirements in a majority of areas considered, he or |
17 | | she shall receive a 7; |
18 | | (C) if the contractor met project requirements in |
19 | | all areas considered, he or she shall receive a 6; |
20 | | (D) if the contractor did not meet project |
21 | | requirements in one area considered, he or she shall |
22 | | receive a 3; and |
23 | | (E) if the contractor did not meet project |
24 | | requirements in 2 or more areas considered, he or she |
25 | | shall receive a 0; |
26 | | (4) to determine the project's traffic control and site |
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1 | | protection, the Department shall consider the appearance |
2 | | of traffic control devices, the response to repair |
3 | | deficient devices, and the contractor's willingness to |
4 | | comply with the Traffic Control Plan and shall evaluate |
5 | | based on the following scale: |
6 | | (A) if the contractor exceeded project |
7 | | requirements in all areas considered, he or she shall |
8 | | receive an 8; |
9 | | (B) if the contractor exceeded project |
10 | | requirements in a majority of areas considered, he or |
11 | | she shall receive a 7; |
12 | | (C) if the contractor met project requirements in |
13 | | all areas considered, he or she shall receive a 6; |
14 | | (D) if the contractor did not meet project |
15 | | requirements in one area considered, he or she shall |
16 | | receive a 3; and |
17 | | (E) if the contractor did not meet project |
18 | | requirements in 2 or more areas considered or the |
19 | | contractor committed an act or omission which |
20 | | seriously compromised the safety of the public, he or |
21 | | she shall receive a 0; |
22 | | (5) to determine the contractor's compliance with the |
23 | | Equal Employment Opportunity program and labor |
24 | | requirements, the Department shall evaluate the compliance |
25 | | based on the following scale: |
26 | | (A) if the contractor exceeded project |
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1 | | requirements, he or she shall receive an 8; |
2 | | (B) if the contractor met project requirements |
3 | | through extraordinary effort and initiative, he or she |
4 | | shall receive a 7; |
5 | | (C) if the contractor met project requirements |
6 | | with minimum effort and initiative, he or she shall |
7 | | receive a 6; |
8 | | (D) if the contractor met project requirements, |
9 | | but had to be motivated by Department personnel, he or |
10 | | she shall receive a 3; and |
11 | | (E) if the contractor did not meet project |
12 | | requirements, he or she shall receive a 0; |
13 | | (6) to determine the project's erosion control, the |
14 | | Department shall consider the contractor's compliance with |
15 | | the project's erosion control plan and all pertinent |
16 | | federal and State laws, permits, rules, and regulations and |
17 | | shall evaluate based on the following scale: |
18 | | (A) if the contractor exceeded project |
19 | | requirements, he or she shall receive an 8; |
20 | | (B) if the contractor exceeded project |
21 | | requirements in a majority of the areas, he or she |
22 | | shall receive a 7; |
23 | | (C) if the contractor met project requirements in |
24 | | all areas, he or she shall receive a 6; |
25 | | (D) if the contractor did not meet the project |
26 | | requirements in one area considered, he or she shall |
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1 | | receive a 3; and |
2 | | (E) if the contractor did not meet the contract |
3 | | requirements in 2 or more areas, he or she shall |
4 | | receive a 0; |
5 | | (7) to determine the contractor's ability to meet the |
6 | | Quality Control plan and Quality Assurance plan, the |
7 | | Department shall consider the contractor's ability to meet |
8 | | a Quality Control plan and Quality Assurance plan |
9 | | inspection, testing, and documentation requirements, to |
10 | | take control of the product, to take corrective action, and |
11 | | to communicate production and construction issued to |
12 | | Department personnel and shall evaluate based on the |
13 | | following scale: |
14 | | (A) if the contractor exceeded Quality Control |
15 | | plan and Quality Assurance plan requirements in all |
16 | | areas considered, he or she shall receive an 8; |
17 | | (B) if the contractor exceeded Quality Control |
18 | | plan and Quality Assurance plan requirements in a |
19 | | majority of areas considered, he or she shall receive a |
20 | | 7; |
21 | | (C) if the contractor met Quality Control plan and |
22 | | Quality Assurance plan requirements in all areas |
23 | | considered, he or she shall receive a 6; |
24 | | (D) if the contractor did not meet Quality Control |
25 | | plan and Quality Assurance plan requirements in one |
26 | | area considered, he or she shall receive a 3; and |
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1 | | (E) if the contractor did not meet Quality Control |
2 | | plan and Quality Assurance plan requirements in 2 or |
3 | | more areas considered, he or she shall receive a 0. |
4 | | (e) The Department shall calculate the Performance Factor |
5 | | by first determining the Project Cost Ratio for the relevant |
6 | | work category. The Project Cost Ratio is the ratio of the value |
7 | | of all contracts being evaluated to the value of all contracts |
8 | | performed. The Department shall establish a weighted |
9 | | performance evaluation value for each performance evaluation |
10 | | completed by determining the product of the Project Cost Ratio, |
11 | | the rating for quality given on the relevant performance |
12 | | evaluation, and the averaged ratings for the execution given on |
13 | | the relevant performance evaluation divided by 6. Finally, the |
14 | | Department shall divide the summation of all weighted |
15 | | performance evaluation values by 6 to arrive at the Performance |
16 | | Factor. |
17 | | (f) A work rating shall be subject to denial or revocation |
18 | | if the summation of all weighted performance evaluation values |
19 | | for a work rating category is less than 6 for 2 successive |
20 | | years. A work rating shall be subject to denial or revocation |
21 | | if the summation of all weighted performance evaluation values |
22 | | for a work rating category is less than 3 for one year. |
23 | | (g) The Department shall evaluate performance on any |
24 | | individual contract or group of contracts for purposes of |
25 | | determining the current responsibility of a contractor when the |
26 | | Engineer of Construction has determined that performance on any |
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1 | | contract or contracts may not be acceptable and that an |
2 | | immediate evaluation is necessary to assess the responsibility |
3 | | of a contractor in order to protect the interests of the State |
4 | | in sound procurement practices. If the evaluation ordered by |
5 | | the Engineer of Construction results in the quality of work or |
6 | | the average overall execution of work ratings being rated at |
7 | | less than 3, the work ratings shall be revoked. |
8 | | (h) If a contractor receives a Quality of Work Rating of 0 |
9 | | for any work category being evaluated on any one contract, the |
10 | | work rating shall be revoked. |
11 | | (i) The Department shall notify the contractor of the |
12 | | performance evaluation in writing within 14 days of completion |
13 | | of the evaluation with a detailed explanation of any |
14 | | substandard items. If a performance evaluation results in a |
15 | | denied, reduced, or revoked work rating, the contractor may |
16 | | proceed with the review procedures under 44 Ill. Admin. Code |
17 | | 650.150. |
18 | | (j) If an applicant did not have a contract with the |
19 | | Department in the previous year, the last evaluation issued |
20 | | within a 5-year period shall be used. If an applicant has not |
21 | | had an evaluation in the last 5 years or is applying for an |
22 | | initial rating in a category and lists no public agencies or |
23 | | private customers as references, a Performance Factor of "1" |
24 | | shall be used until an actual evaluation is made. |
25 | | (k) As a component of the Auditor's General biennial |
26 | | compliance examination of the Department, the Auditor General |
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1 | | shall review the Department's compliance with the requirements |
2 | | under this Section. Upon completion of the examination and |
3 | | release of the results to the Department, the Auditor General |
4 | | shall publish the results on its website. |
5 | | Section 10. The Criminal Code of 2012 is amended by adding |
6 | | Section 33E-15.5 as follows: |
7 | | (720 ILCS 5/33E-15.5 new) |
8 | | Sec. 33E-15.5. Manipulation of work ratings. |
9 | | (a) Any person who knowingly manipulates a work rating |
10 | | factor for a contractor or subcontractor under Section 2705-907 |
11 | | of the Department of Transportation Law of the Civil |
12 | | Administrative Code of Illinois that results in a rating |
13 | | disqualifying or qualifying a contractor or subcontractor who |
14 | | would have been otherwise qualified or disqualified commits |
15 | | manipulation of work ratings. A charge of manipulation of work |
16 | | ratings under this Section shall be investigated by the |
17 | | Department of Transportation Division of Internal |
18 | | Investigation. |
19 | | (b) Sentence. Manipulation of work ratings is a Class 4 |
20 | | felony.
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.
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