Bill Text: IL HB5345 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Modifies the term "single prime" to mean 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 (currently, only the Capital Development Board) is the construction agency procuring 2 or more specified subdivisions of work. Provides that for building construction contracts in excess of $250,000, separate specifications must (rather than may) be prepared for all equipment, labor, and materials in connection with the 5 subdivisions of the work to be performed. Modifies requirements concerning specifications to be drawn so as to permit separate and independent bidding. Provides requirements for single prime projects in which the Capital Development Board or an institution of higher education is the construction agency procuring for building construction contracts in excess of $250,000. Extends repeal and inoperative dates. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5345 Detail]

Download: Illinois-2019-HB5345-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5345 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
30 ILCS 500/1-15.93
30 ILCS 500/30-30
Amends the Illinois Procurement Code. Modifies the term "single prime" to mean 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 (currently, only the Capital Development Board) is the construction agency procuring 2 or more specified subdivisions of work. Provides that for building construction contracts in excess of $250,000, separate specifications must (rather than may) be prepared for all equipment, labor, and materials in connection with the 5 subdivisions of the work to be performed. Modifies requirements concerning specifications to be drawn so as to permit separate and independent bidding. Provides requirements for single prime projects in which the Capital Development Board or an institution of higher education is the construction agency procuring for building construction contracts in excess of $250,000. Extends repeal and inoperative dates. Makes conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5345 LRB101 16516 RJF 65898 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 Sections 1-15.93 and 30-30 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, 2025 2021.
(Source: P.A. 101-369, eff. 12-15-19.)
(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) The provisions of this subsection are operative through
December 31, 2024 2020.
Except as provided in subsections (a-5) or (a-10), for For
building construction contracts in excess of $250,000,

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separate specifications must 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 subsection (a-5) or (a-10), the The
specifications must 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 must 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.

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(a-5) Beginning on the effective date of this amendatory
Act of the 101st General Assembly and through December 31,
2024, 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;
and (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.
(a-10) Beginning on the effective date of this amendatory
Act of the 101st General Assembly and through December 31,

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2024, for single prime projects in which an 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
work enumerated in subsection (a). Any institution of higher
education construction 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
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 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 institution of higher education, or in the event the
institution of higher education does not have a
prequalification process, the low bidder has prequalified with
Capital Development Board; (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); and (iv) the contract entered into

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with the successful bidder provides that no identified
subcontractor may be terminated without the written consent of
the institution of higher education.
For building construction projects with a total
construction cost valued at $20,000,000 or less, 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 institution of
higher education.
With respect to any construction project described in this
subsection (a-10), the 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
practices of the 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, each 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, except that
the Board of Trustees of the University of Illinois may award
in each fiscal year single prime contracts with an aggregate

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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
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

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after January 1, 2025 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;
(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.

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(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.