Bill Text: IL SB1913 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Provides that for building construction contracts in excess of $500,000 (currently, $250,000), separate specifications may be prepared for all equipment, labor, and materials in connection with specified subdivisions of the work to be performed. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1913 Detail]

Download: Illinois-2019-SB1913-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1913 Introduced 2/15/2019, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
30 ILCS 500/30-30
Amends the Illinois Procurement Code. Provides that for building construction contracts in excess of $500,000 (currently, $250,000), separate specifications may be prepared for all equipment, labor, and materials in connection with specified subdivisions of the work to be performed. Makes conforming changes. Effective immediately.
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A BILL FOR
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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 as follows:
(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) The provisions of this subsection are operative through
December 31, 2019.
For building construction contracts in excess of $500,000
$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.
The specifications may be so drawn as to permit separate

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and independent bidding upon each of the 5 subdivisions of
work. 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 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, Women, 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,

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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

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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 $500,000 $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

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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. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.