Bill Text: IL HB2567 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the engrossed bill with changes. Amends the Design-Build Procurement Act. Extends repeal of the Act to January 1, 2024. Amends the Local Food, Farms, and Jobs Act. Provides that the State (rather than the Local Food, Farms, and Jobs Council) shall support and encourage that 10% of food and food products purchased by entities funded in part or in whole by State dollars be local farm or food products. Provides that all State agencies and State-owned facilities that purchase food and food products shall publish on their applicable procurement bulletin their farm or food purchases for the recently completed fiscal year. Provides that the first published report shall be due no later than January 1, 2022 and represent fiscal year 2021 purchases. Provides that a report shall be due each January 1 thereafter and be published on a form prescribed by each applicable Chief Procurement Officer. Removes provisions concerning the creation, responsibilities, and governance of the Local Food, Farms, and Jobs Council. Amends the Commission to End Hunger Act to make a conforming change concerning the Local Food, Farms, and Jobs Council. Amends the Illinois Human Rights Act. Provides that the Department of Human Rights shall establish a reasonable opportunity to cure any noncompliance with public contract requirements regarding equal employment opportunities and affirmative action by a bidder prior to the awarding of a contract. Makes conforming and other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2021-07-18 - Rule 19(b) / Re-referred to Rules Committee [HB2567 Detail]
Download: Illinois-2021-HB2567-Engrossed.html
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1 | AN ACT concerning finance.
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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 Illinois Procurement Code is amended by | ||||||
5 | changing Sections 1-15.93 and 30-30 as follows:
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6 | (30 ILCS 500/1-15.93) | ||||||
7 | (Section scheduled to be repealed on January 1, 2022) | ||||||
8 | Sec. 1-15.93. Single prime. "Single prime" means the | ||||||
9 | design-bid-build procurement delivery method for a building | ||||||
10 | construction project in which the Capital Development Board is | ||||||
11 | the construction agency procuring 2 or more subdivisions of | ||||||
12 | work enumerated in paragraphs (1) through (5) of subsection | ||||||
13 | (a) of Section 30-30 of this Code under a single contract. This | ||||||
14 | Section is repealed on January 1, 2024 2022 .
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15 | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)
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16 | (30 ILCS 500/30-30)
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17 | Sec. 30-30. Design-bid-build construction. | ||||||
18 | (a) The provisions of this subsection are operative | ||||||
19 | through December 31, 2023 2021 . | ||||||
20 | For
building construction contracts in excess of
$250,000, | ||||||
21 | separate specifications may be prepared for all
equipment, | ||||||
22 | labor, and materials in
connection with the following 5 |
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1 | subdivisions of the work to be
performed:
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2 | (1) plumbing;
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3 | (2) heating, piping, refrigeration, and automatic
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4 | temperature control systems,
including the testing and | ||||||
5 | balancing of those systems;
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6 | (3) ventilating and distribution systems for
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7 | conditioned air, including the testing
and balancing of | ||||||
8 | those systems;
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9 | (4) electric wiring; and
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10 | (5) general contract work.
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11 | The specifications may be so drawn as to permit separate | ||||||
12 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
13 | work. All contracts awarded
for any part thereof may
award the | ||||||
14 | 5 subdivisions of work separately to responsible and
reliable | ||||||
15 | persons, firms, or
corporations engaged in these classes of | ||||||
16 | work. The contracts, at
the discretion of the
construction | ||||||
17 | agency, may be assigned to the successful bidder on
the | ||||||
18 | general contract work or
to the successful bidder on the | ||||||
19 | subdivision of work designated by
the construction agency | ||||||
20 | before
the bidding as the prime subdivision of work, provided | ||||||
21 | that all
payments will be made directly
to the contractors for | ||||||
22 | the 5 subdivisions of work upon compliance
with the conditions | ||||||
23 | of the
contract.
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24 | Beginning on the effective date of this amendatory Act of | ||||||
25 | the 101st General Assembly and through December 31, 2023 2020 , | ||||||
26 | for single prime projects: (i) the bid of the successful low |
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1 | bidder shall identify the name of the subcontractor, if any, | ||||||
2 | and the bid proposal costs for each of the 5 subdivisions of | ||||||
3 | work set forth in this Section; (ii) the contract entered into | ||||||
4 | with the successful bidder shall provide that no identified | ||||||
5 | subcontractor may be terminated without the written consent of | ||||||
6 | the Capital Development Board; (iii) the contract shall comply | ||||||
7 | with the disadvantaged business practices of the Business | ||||||
8 | Enterprise for Minorities, Women, and Persons with | ||||||
9 | Disabilities Act and the equal employment practices of Section | ||||||
10 | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | ||||||
11 | Development Board shall submit an annual report to the General | ||||||
12 | Assembly and Governor on the bidding, award, and performance | ||||||
13 | of all single prime projects. | ||||||
14 | For building construction projects with a total | ||||||
15 | construction cost valued at $5,000,000 or less, the Capital | ||||||
16 | Development Board shall not use the single prime procurement | ||||||
17 | delivery method for more than 50% of the total number of | ||||||
18 | projects bid for each fiscal year. Any project with a total | ||||||
19 | construction cost valued greater than $5,000,000 may be bid | ||||||
20 | using single prime at the discretion of the Executive Director | ||||||
21 | of the Capital Development Board. | ||||||
22 | (b) The provisions of this subsection are operative on and | ||||||
23 | after January 1, 2024 2022 .
For building construction | ||||||
24 | contracts in excess of $250,000, separate specifications shall | ||||||
25 | be prepared for all equipment, labor, and materials in | ||||||
26 | connection with the following 5 subdivisions of the work to be |
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1 | performed: | ||||||
2 | (1) plumbing; | ||||||
3 | (2) heating, piping, refrigeration, and automatic | ||||||
4 | temperature control systems, including the testing and | ||||||
5 | balancing of those systems; | ||||||
6 | (3) ventilating and distribution systems for | ||||||
7 | conditioned air, including the testing and balancing of | ||||||
8 | those systems; | ||||||
9 | (4) electric wiring; and | ||||||
10 | (5) general contract work. | ||||||
11 | The specifications must be so drawn as to permit separate | ||||||
12 | and independent bidding upon each of the 5 subdivisions of | ||||||
13 | work. All contracts awarded for any part thereof shall award | ||||||
14 | the 5 subdivisions of work separately to responsible and | ||||||
15 | reliable persons, firms, or corporations engaged in these | ||||||
16 | classes of work. The contracts, at the discretion of the | ||||||
17 | construction agency, may be assigned to the successful bidder | ||||||
18 | on the general contract work or to the successful bidder on the | ||||||
19 | subdivision of work designated by the construction agency | ||||||
20 | before the bidding as the prime subdivision of work, provided | ||||||
21 | that all payments will be made directly to the contractors for | ||||||
22 | the 5 subdivisions of work upon compliance with the conditions | ||||||
23 | of the contract. | ||||||
24 | (Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19; | ||||||
25 | 101-645, eff. 6-26-20.)
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26 | Section 99. Effective date. This Act takes effect upon |
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