Bill Amendment: IL SB3185 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FINANCE-SINGLE PRIME PROCURE

Status: 2021-01-13 - Session Sine Die [SB3185 Detail]

Download: Illinois-2019-SB3185-Senate_Amendment_001.html

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Sen. Antonio Muñoz

Filed: 3/3/2020

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AMENDMENT TO SENATE BILL 3185
AMENDMENT NO. ______. Amend Senate Bill 3185 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 1-15.93, 30-30, 33-5, and 33-50 as follows:
(30 ILCS 500/1-15.93)
(Section scheduled to be repealed on January 1, 2021)
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 or
a public institution of higher education 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 This Section is repealed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, 2031 2021.
(Source: P.A. 101-369, eff. 12-15-19.)

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(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) The provisions of this subsection are operative through
December 31, 2030 2020.
Except as provided in subsections (a-5) or (a-10), for For
building construction contracts in excess of $250,000,
separate specifications may 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.
Except as provided in subsections (a-5) or (a-10), the The
specifications may be so drawn as to permit separate and
independent bidding upon each of the 5 subdivisions of work,
and all . All contracts awarded for any part thereof may 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

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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.
(a-5) Beginning on the effective date of this amendatory
Act of the 101st General Assembly and through December 31,
2030, for single prime projects in which the Capital
Development Board is the construction agency procuring for
building construction contracts in excess of $250,000,
separate specifications may be prepared for all equipment,
labor, and materials in connection with the 5 subdivisions of
work enumerated in subsection (a). Any Capital Development
Board construction contracts awarded for any part thereof may
award 2 or more of the 5 subdivisions of work together or
separately to responsible and reliable persons, firms, or
corporations engaged in these classes of work.
For Capital Development Board 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 subsection (a); (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;

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(iii) the contract shall comply with the disadvantaged business
practices of the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act and the equal employment
practices of Section 2-105 of the Illinois Human Rights Act;
(iv) the successful low bidder shall be prequalified by the
Capital Development Board; and (v) until December 31, 2025, 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 delivery method for more than
50% of the total number of projects bid for each fiscal year.
With respect to any construction project described in this
subsection (a-5), the Capital Development Board shall: (i)
specify in writing as a public record that the project shall
comply with the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act and the equal employment
practices of Section 2-105 of the Illinois Human Rights Act;
and (ii) report annually to the Governor and General Assembly
on the bidding, award, and performance of all single prime
projects.
(a-10) Beginning on the effective date of this amendatory
Act of the 101st General Assembly and through December 31,
2030, for single prime projects in which a public institution
of higher education is a construction agency procuring for
building construction contracts in excess of $250,000,
separate specifications may be prepared for all equipment,
labor, and materials in connection with the 5 subdivisions of

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work enumerated in subsection (a). Any public institution of
higher education contract awarded for any part thereof may
award 2 or more of the 5 subdivisions of work together or
separately to responsible and reliable persons, firms, or
corporations engaged in these classes of work if: (i) the
public institution of higher education has submitted to the
Procurement Policy Board a written notice that 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 notice provided under this item (i)
shall be posted on the public institution of higher education's
online procurement webpage and on the online Procurement
Bulletin at least 3 business days following submission to the
Procurement Policy Board; (ii) the successful low bidder has
prequalified with the public institution of higher education;
(iii) 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 subsection (a);
(iv) the contract entered into with the successful bidder
provides that no identified subcontractor may be terminated
without the written consent of the public institution of higher
education; and (v) the successful low bidder has prequalified
with the University of Illinois or with Capital Development
Board.
For building construction projects with a total
construction cost valued at $20,000,000 or less, public

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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. 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
public institution of higher education.
With respect to any construction project described in this
subsection (a-10), the public institution of higher education
shall: (i) specify in writing as a public record that the
project shall comply with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and the
equal employment practices of Section 2-105 of the Illinois
Human Rights Act; and (ii) report annually to the Governor,
General Assembly, Procurement Policy Board, and Auditor
General on the bidding, award, and performance of all single
prime projects. On or after the effective date of this
amendatory Act of the 101st General Assembly, the public
institution of higher education may award in each fiscal year
single prime contracts with an aggregate total value of no more
than $100,000,000. 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.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly and through December 31, 2020, for
single prime projects: (i) the bid of the successful low bidder
shall identify the name of the subcontractor, if any, and the

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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, Women, and Persons with
Disabilities Act and the equal employment practices of Section
2-105 of the Illinois Human Rights Act; and (iv) 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.
(b) The provisions of this subsection are operative on and
after January 1, 2031 2021. 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;

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(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.
(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19.)
(30 ILCS 500/33-5)
Sec. 33-5. Definitions. In this Article:
"Construction management services" includes:

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(1) services provided in the planning and
pre-construction phases of a construction project
including, but not limited to, consulting with, advising,
assisting, and making recommendations to the Capital
Development Board and architect, engineer, or licensed
land surveyor on all aspects of planning for project
construction; reviewing all plans and specifications as
they are being developed and making recommendations with
respect to construction feasibility, availability of
material and labor, time requirements for procurement and
construction, and projected costs; making, reviewing, and
refining budget estimates based on the Board's program and
other available information; making recommendations to the
Board and the architect or engineer regarding the division
of work in the plans and specifications to facilitate the
bidding and awarding of contracts; soliciting the interest
of capable contractors and taking bids on the project;
analyzing the bids received; and preparing and maintaining
a progress schedule during the design phase of the project
and preparation of a proposed construction schedule; and
(2) services provided in the construction phase of the
project including, but not limited to, maintaining
competent supervisory staff to coordinate and provide
general direction of the work and progress of the
contractors on the project; directing the work as it is
being performed for general conformance with working

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drawings and specifications; establishing procedures for
coordinating among the Board, architect or engineer,
contractors, and construction manager with respect to all
aspects of the project and implementing those procedures;
maintaining job site records and making appropriate
progress reports; implementing labor policy in conformance
with the requirements of the public owner; reviewing the
safety and equal opportunity programs of each contractor
for conformance with the public owner's policy and making
recommendations; reviewing and processing all applications
for payment by involved contractors and material suppliers
in accordance with the terms of the contract; making
recommendations and processing requests for changes in the
work and maintaining records of change orders; scheduling
and conducting job meetings to ensure orderly progress of
the work; developing and monitoring a project progress
schedule, coordinating and expediting the work of all
contractors and providing periodic status reports to the
owner and the architect or engineer; and establishing and
maintaining a cost control system and conducting meetings
to review costs.
"Construction manager" means any individual, sole
proprietorship, firm, partnership, corporation, or other legal
entity providing construction management services for the
Board and prequalified by the State in accordance with 30 ILCS
500/33-10.

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"Board" means the Capital Development Board and public
institutions of higher education.
(Source: P.A. 94-532, eff. 8-10-05.)
(30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board
to furnish his or her skill and judgment in cooperation with,
and reliance upon, the services of the project architect or
engineer. The construction manager must furnish business
administration, management of the construction process, and
other specified services to the Board and must perform his or
her obligations in an expeditious and economical manner
consistent with the interest of the Board. If it is in the
State's best interest, the construction manager may provide or
perform basic services for which reimbursement is provided in
the general conditions to the construction management services
contract.
(b) The actual construction work on the project must be
awarded to contractors under this Code. The Capital Development
Board may further separate additional divisions of work under
this Article. This subsection is subject to the applicable
provisions of the following Acts:
(1) the Prevailing Wage Act;

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(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June
16, 2010 by Public Act 96-929);
(5) the Employment of Illinois Workers on Public Works
Act;
(6) the Public Contract Fraud Act;
(7) (blank); and
(8) the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the
Illinois Professional Land Surveyor Act of 1989, and the
Structural Engineering Practice Act of 1989.
(Source: P.A. 101-149, eff. 7-26-19.)
Section 10. The Design-Build Procurement Act is amended by
changing Sections 5 and 10 as follows:
(30 ILCS 537/5)
(Section scheduled to be repealed on July 1, 2022)
Sec. 5. Legislative policy. It is the intent of the
General Assembly that the State construction agency Capital
Development Board be allowed to use the design-build delivery
method for public projects if it is shown to be in the State's
best interest for that particular project. It shall be the
policy of the State construction agency Capital Development
Board in the procurement of design-build services to publicly

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announce all requirements for design-build services and to
procure these services on the basis of demonstrated competence
and qualifications and with due regard for the principles of
competitive selection.
The State construction agency Capital Development Board
shall, prior to issuing requests for proposals, promulgate and
publish procedures for the solicitation and award of contracts
pursuant to this Act.
The State construction agency Capital Development Board
shall, for each public project or projects permitted under this
Act, make a written determination, including a description as
to the particular advantages of the design-build procurement
method, that it is in the best interests of this State to enter
into a design-build contract for the project or projects. In
making that determination, the following factors shall be
considered:
(1) The probability that the design-build procurement
method will be in the best interests of the State by
providing a material savings of time or cost over the
design-bid-build or other delivery system.
(2) The type and size of the project and its
suitability to the design-build procurement method.
(3) The ability of the State construction agency to
define and provide comprehensive scope and performance
criteria for the project.
No State construction agency may use a design-build

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procurement method unless the agency determines in writing that
the project will comply with the disadvantaged business and
equal employment practices of the State as established in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human Rights
Act.
The State construction agency Capital Development Board
shall within 15 days after the initial determination provide an
advisory copy to the Procurement Policy Board and maintain the
full record of determination for 5 years.
(Source: P.A. 100-391, eff. 8-25-17.)
(30 ILCS 537/10)
(Section scheduled to be repealed on July 1, 2022)
Sec. 10. Definitions. As used in this Act:
"State construction agency" means the Capital Development
Board and public institutions of higher education.
"Delivery system" means the design and construction
approach used to develop and construct a project.
"Design-bid-build" means the traditional delivery system
used on public projects in this State that incorporates the
Architectural, Engineering, and Land Surveying Qualification
Based Selection Act (30 ILCS 535/) and the principles of
competitive selection in the Illinois Procurement Code (30 ILCS
500/).
"Design-build" means a delivery system that provides

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responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
"Design-build contract" means a contract for a public
project under this Act between the State construction agency
and a design-build entity to furnish architecture,
engineering, land surveying, and related services as required,
and to furnish the labor, materials, equipment, and other
construction services for the project. The design-build
contract may be conditioned upon subsequent refinements in
scope and price and may allow the State construction agency to
make modifications in the project scope without invalidating
the design-build contract.
"Design-build entity" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Act. A
design-build entity and associated design-build professionals
shall conduct themselves in accordance with the laws of this
State and the related provisions of the Illinois Administrative
Code, as referenced by the licensed design professionals Acts
of this State.
"Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services

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under the Illinois Architecture Practice Act of 1989 (225 ILCS
305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/), the Structural Engineering Licensing Act of 1989
(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
of 1989 (225 ILCS 330/).
"Evaluation criteria" means the requirements for the
separate phases of the selection process as defined in this Act
and may include the specialized experience, technical
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors. Price
may not be used as a factor in the evaluation of Phase I
proposals.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
"Request for proposal" means the document used by the State
construction agency to solicit proposals for a design-build
contract.
"Scope and performance criteria" means the requirements
for the public project, including but not limited to, the
intended usage, capacity, size, scope, quality and performance
standards, life-cycle costs, and other programmatic criteria
that are expressed in performance-oriented and quantifiable
specifications and drawings that can be reasonably inferred and
are suited to allow a design-build entity to develop a

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proposal.
(Source: P.A. 94-716, eff. 12-13-05.)
Section 99. Effective date. This Act takes effect December
15, 2020.".