PROCUREMENT-UNIVERSITIES

Illinois General Assembly - Full Text of HB5501

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Full Text of HB5501

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HB5501 - 104th General Assembly

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HB5501 Engrossed
LRB104 18314 HLH 31754 b
1

AN ACT concerning procurement.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Procurement Code is amended by
5
changing Section 30-30 as follows:

6

(30 ILCS 500/30-30)
7

Sec. 30-30.
Design-bid-build construction.
8

(a) Except as provided in subsection (a-5), for building
9
construction contracts in excess of $250,000, separate
10
specifications may be prepared for all equipment, labor, and
11
materials in connection with the following 5 subdivisions of
12
the work to be performed:
13

(1) plumbing;
14

(2) heating, piping, refrigeration, and automatic
15

temperature control systems, including the testing and
16

balancing of those systems;
17

(3) ventilating and distribution systems for
18

conditioned air, including the testing and balancing of
19

those systems;
20

(4) electric wiring; and
21

(5) general contract work.
22

Except as provided in subsection (a-5), the specifications
23
may be so drawn as to permit separate and independent bidding

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
upon each of the 5 subdivisions of work. All contracts awarded
2
for any part thereof may award the 5 subdivisions of work
3
separately to responsible and reliable persons, firms, or
4
corporations engaged in these classes of work. The contracts,
5
at the discretion of the construction agency, may be assigned
6
to the successful bidder on the general contract work or to the
7
successful bidder on the subdivision of work designated by the
8
construction agency before the bidding as the prime
9
subdivision of work, provided that all payments will be made
10
directly to the contractors for the 5 subdivisions of work
11
upon compliance with the conditions of the contract.
12

For single prime projects: (i) the bid of the successful
13
low bidder shall identify the name of the subcontractor, if
14
any, and the bid proposal costs for each of the 5 subdivisions
15
of work set forth in this Section; (ii) the contract entered
16
into with the successful bidder shall provide that no
17
identified subcontractor may be terminated without the written
18
consent of the Capital Development Board; (iii) the contract
19
shall comply with the disadvantaged business practices of the
20
Business Enterprise for Minorities, Women, and Persons with
21
Disabilities Act and the equal employment practices of Section
22
2-105 of the Illinois Human Rights Act; and (iv) the Capital
23
Development Board shall submit an annual report to the General
24
Assembly and Governor on the bidding, award, and performance
25
of all single prime projects.
26

Until December 31, 2023, for building construction

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
projects with a total construction cost valued at $5,000,000
2
or less, the Capital Development Board shall not use the
3
single prime procurement delivery method for more than 50% of
4
the total number of projects bid for each fiscal year. Until
5
December 31, 2023, any project with a total construction cost
6
valued greater than $5,000,000 may be bid using single prime
7
at the discretion of the Executive Director of the Capital
8
Development Board.
9

For contracts entered into on or after January 1, 2024,
10
the Capital Development Board shall determine whether the
11
single prime procurement delivery method is to be pursued.
12
Before electing to use single prime on a project, the Capital
13
Development Board must make a written determination that must
14
include a description as to the particular advantages of the
15
single prime procurement method for that project and an
16
evaluation of the items in paragraphs (1) through (4). The
17
chief procurement officer must review the Capital Development
18
Board's determination and consider the adequacy of information
19
in paragraphs (1) through (4) to determine whether the Capital
20
Development Board may proceed with single prime. Approval by
21
the chief procurement officer shall not be unreasonably
22
withheld. The following factors must be considered by the
23
chief procurement officer in any determination:
24

(1) The benefit that using the single prime
25

procurement method will have on the Capital Development
26

Board's ability to increase participation of

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1

minority-owned firms, woman-owned firms, firms owned by
2

persons with a disability, and veteran-owned firms.
3

(2) The likelihood that single prime will be in the
4

best interest of the State by providing a material savings
5

of time or cost over the multiple prime delivery system.
6

The best interest of the State justification must show the
7

specific benefits of using the single prime method,
8

including documentation of the estimates or scheduling
9

impacts of any of the following: project complexity and
10

trade coordination required, length of project,
11

availability of skilled workforce, geographic area,
12

project timelines, project budget, ability to secure
13

minority, women, persons with disabilities and veteran
14

participation, or other information.
15

(3) The type and size of the project and its
16

suitability to the single prime procurement method.
17

(4) Whether the project will comply with the
18

underrepresented business and equal employment practices
19

of the State, as established in the Business Enterprise
20

for Minorities, Women, and Persons with Disabilities Act,
21

Section 45-57 of this Code, and Section 2-105 of the
22

Illinois Human Rights Act.
23

If the chief procurement officer finds that the Capital
24
Development Board's written determination is insufficient, the
25
Capital Development Board shall have the opportunity to cure
26
its determination. Within 15 days of receiving approval from

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
the chief procurement officer, the Capital Development Board
2
shall provide an advisory copy of the written determination to
3
the Procurement Policy Board and the Commission on Equity and
4
Inclusion. The Capital Development Board must maintain the
5
full record of determination for 5 years.
6

(a-5) Beginning on the effective date of this amendatory
7
Act of the 104th General Assembly and through
December 31,
8
2032

December 31, 2026
, for single prime projects in which a
9
public institution of higher education is a construction
10
agency awarding building construction contracts in excess of
11
$250,000, separate specifications may be prepared for all
12
equipment, labor, and materials in connection with the 5
13
subdivisions of work enumerated in subsection (a). Any public
14
institution of higher education contract awarded for any part
15
thereof may award 2 or more of the 5 subdivisions of work
16
together or separately to responsible and reliable persons,
17
firms, or corporations engaged in these classes of work if:
18
(i) the public institution of higher education has submitted
19
to the Procurement Policy Board and the Commission on Equity
20
and Inclusion a written notice that includes the reasons for
21
using the single prime method and an explanation of why the use
22
of that method is in the best interest of the State and
23
arranges to have the notice posted on the institution's online
24
procurement webpage and its online procurement bulletin at
25
least 3 business days following submission to the Procurement
26
Policy Board and the Commission on Equity and Inclusion; (ii)

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
the successful low bidder has prequalified with the public
2
institution of higher education; (iii) the bid of the
3
successful low bidder identifies the name of the
4
subcontractor, if any, and the bid proposal costs for each of
5
the 5 subdivisions of work set forth in subsection (a); (iv)
6
the contract entered into with the successful bidder provides
7
that no identified subcontractor may be terminated without the
8
written consent of the public institution of higher education;
9
and (v) the successful low bidder has prequalified with the
10
University of Illinois or with the Capital Development Board.
11

For building construction projects with a total
12
construction cost valued at $20,000,000 or less, public
13
institutions of higher education shall not use the single
14
prime delivery method for more than 50% of the total number of
15
projects bid for each fiscal year. Projects with a total
16
construction cost valued at $20,000,000 or more may be bid
17
using the single prime delivery method at the discretion of
18
the public institution of higher education. With respect to
19
any construction project described in this subsection (a-5),
20
the public institution of higher education shall: (i) specify
21
in writing as a public record that the project shall comply
22
with the Business Enterprise for Minorities, Women, and
23
Persons with Disabilities Act and the equal employment
24
practices of Section 2-105 of the Illinois Human Rights Act;
25
and (ii) report annually to the Governor, General Assembly,
26
Procurement Policy Board, and Auditor General on the bidding,

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
award, and performance of all single prime projects. On and
2
after the effective date of this amendatory Act of the 102nd
3
General Assembly, the public institution of higher education
4
may award in each fiscal year single prime contracts with an
5
aggregate total value of no more than $100,000,000. The Board
6
of Trustees of the University of Illinois may award in each
7
fiscal year single prime contracts with an aggregate total
8
value of not more than $300,000,000.
9

(b) For public institutions of higher education, the
10
provisions of this subsection are operative
on and
after
11
December 31, 2032

January 1, 2026
. For building construction
12
contracts in excess of $250,000, separate specifications shall
13
be prepared for all equipment, labor, and materials in
14
connection with the following 5 subdivisions of the work to be
15
performed:
16

(1) plumbing;
17

(2) heating, piping, refrigeration, and automatic
18

temperature control systems, including the testing and
19

balancing of those systems;
20

(3) ventilating and distribution systems for
21

conditioned air, including the testing and balancing of
22

those systems;
23

(4) electric wiring; and
24

(5) general contract work.
25

The specifications must be so drawn as to permit separate
26
and independent bidding upon each of the 5 subdivisions of

HB5501 Engrossed
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LRB104 18314 HLH 31754 b
1
work. All contracts awarded for any part thereof shall award
2
the 5 subdivisions of work separately to responsible and
3
reliable persons, firms, or corporations engaged in these
4
classes of work. The contracts, at the discretion of the
5
construction agency, may be assigned to the successful bidder
6
on the general contract work or to the successful bidder on the
7
subdivision of work designated by the construction agency
8
before the bidding as the prime subdivision of work, provided
9
that all payments will be made directly to the contractors for
10
the 5 subdivisions of work upon compliance with the conditions
11
of the contract.
12

It is the intent of the General Assembly that the
13
provisions of subsection (a-5), rather than the provisions of
14
this subsection (b), apply continuously from November 21, 2025
15
(the effective date of Public Act 104-434) through December
16
31, 2032. Any actions taken in reliance on the extension of
17
subsection (a-5) in Public Act 104-434 are hereby validated.

18
(Source: P.A. 103-570, eff. 1-1-24; 104-434, eff. 11-21-25.)

19

Section 99.
Effective date.
This Act takes effect upon
20
becoming law.

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