U of I System Capital Single Prime Delivery - May 2023

Single Prime Legislation Summary:

30 ILCS 500: Section 30-30(a-5)

Through December 31, 2025, for single prime projects in which a university is a construction agency awarding 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 enumerated in 30 ILCS 500/30-30(a). University may award 2 or more of the 5 subdivisions of work together or separately if the following requirements are met.

• University submits a written notice to the Procurement Policy Board (PPB) and Commission on Equity and Inclusion (CEI) which includes the reasons for using the single prime method and an explanation as to why it is in the best interest of the State. The notice must be posted to the Bulletin and the University’s procurement webpage at least 3 business days following submission to the PPB and CEI.
• Successful low bidder and each of the 5 subdivisions of work has prequalified with the university.
• Bid of successful low bidder identifies the name and the bid proposal costs for each of the 5 subdivisions of work - Prime and Subcontractor (defined as “Protected Subcontractor” for U of I), if any.
• Contract entered into with the successful bidder provides that no identified subcontractor may be terminated without the written consent of the university.

For building construction projects with a total construction cost valued at $20,000,000 or less, universities must not use the single prime delivery method for more than 50% of the total number of project bids for each fiscal year. Projects with a total construction cost valued at $20,000,000 or more may use the single prime delivery method at the discretion of the university.

Universities must specify in writing as a public record that the project complies with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and equal employment practices of Section 2-105 of the Illinois Human Rights Act. Universities must report annually to the Governor, General Assembly, PPB, and Auditor General on the bidding, award, and performance of all single prime projects.

During each fiscal year, university may award 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 not more than $300,000,000.

Changes to Documents, Systems, and Policies

The following changes have been made as a result of University of Illinois System initiatives:

CONTRACTS + Document Changes

Definitions in General Conditions:

1.15 "Protected Subcontractor" means the Division(s) of Work for all equipment, labor, and materials in connection with the 5 subdivisions of the work as specified by Illinois Procurement Code 30 ILCS 500/30-30(a-5)(iii) to be performed by major labor trades that is (are) contracted by the Single Prime Contractor to complete Work not performed by the Single Prime Contractor.

1.16 "Single Prime Contractor" means the Division(s) of Work that will serve as the Contractor contracted with the Owner to complete project Work through the Single Prime delivery method.

Invitation to Bid

1. Added narrative that each Single Prime Bidder shall identify the total sum of their base bid and each alternate if any, as well as the name of the subcontractor(s), if any, and the base bid / alternate(s) the breakdown of this bid by each division of work bid / alternate(s), if any, for Work the Single Prime Bidder will perform as well as the Work performed by proposal costs for each for the following subdivisions known as Protected Subcontractors for all of the following trades: (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 breakdown of the Single Prime and Protected Subcontractor base bids and each alternate(s) if any, should add up to the Single Prime total base bid and each alternate totals.
2. All Single Prime bidders AND Protected Subcontractors shall be prequalified with the Owner.

Document 00 10 00 – Notice to Bidders

2.1.A Contract Divisions of the Project. The Owner will receive separate sealed bids from each Single Prime bidder for the project. Each bid shall identify the name of the Protected Subcontractor(s), if any, and the bid proposal costs, including alternates, for each of the following Divisions of Work (DOW) that are applicable for this project. The contract entered into with the successful bidder shall identify that no identified Protected Subcontractor in the Bid Document 00 40 00 may be terminated without the written consent of Owner.

Contract Division I - General Work
Contract Division II - Plumbing Work
Contract Division III - Heating, Piping, Refrigeration and Temperature Control Work
Contract Division IV - Ventilation and Air Distribution Work
Contract Division V - Electrical Work

2.4 Each Bidder and Protected Subcontractor are required to be prequalified with Owner at time of bid and annually.

Document 00 20 00 – Instructions to Bidders

10.2 Bid Rejection
10.2.A.12 Failure to identify all Protective Subcontractors and their base bid(s) / alternate(s) not being performed by the Single Prime Bidder or providing more than one Protected Subcontractor for each trade (For Single Prime Delivery Method only)

Post Award Requirements
Protected Subcontractor Documentation. New Attachment B – Protected Subcontractor Subcontract Verification form of the Notice of Intent to Award or Notice of Award Letter. The awarded Bidder shall ensure the firm(s) and dollar amount(s) listed on the completed Attachment B – Protected Subcontractor Subcontract Verification form matches the firm(s) and dollar amount(s) listed on bid form 00 40 00 Bid Form.

Document 00 40 00 – Bid

1. Cover sheet – identify which DOWs Single Prime to perform Work and DOWs Protected Subcontractors to perform Work

6.0 Bid Prices
The Single Prime Bidder total base bid and alternate(s), if any, as well as the base bid(s) and alternate(s) for the Single Prime Bidder division(s) of work and Protected Subcontractor(s) divisions of work not being performed by the Single Prime Bidder must be listed for each division of work provided in the area below. Only one Protected Subcontractor may be listed for each division of work. For Protected Subcontractors who will perform work for more than one division of work, the bid proposal costs must be separated and listed for each division of work. Failure to identify the name and bid proposal cost of each listed Protected Subcontractor for work not being performed by the Single Prime Bidder below or providing more than one Protected Subcontractor for each trade will be a material deficiency (no time will be allowed after bid opening to remedy deficiency) and will result in the rejection of the bid. All Protected Subcontractors listed must be prequalified with University of Illinois in accordance with 00 20 00 section 4.2.

During the post-bid evaluation process, the identified Protected Subcontractors will be required to provide written verification on Attachment B of the Notice of Intent to Award letter or Notice to Award letter that pricing for the division of work to be contracted and this bid proposal pricing match.

NOTE: ANY OF THE BELOW LISTED DIVISIONS OF WORK MAY BID AS THE SINGLE PRIME CONTRACTOR. The Single Prime Contractor may self-perform any of the divisions of work listed below and MUST list themselves for each division of work they will be self-performing. Name and bid proposal costs for each Protected Subcontractor MUST be listed for the remaining divisions of work below. Both Single Prime Bidder and Protected Subcontractor MUST be listed for each trade listed below. The Total Base Bid and Alternate(s) will be the formal bid for the bidder.

Bid should include:
6.1 The Total Base Bid and associate Alternate(s) includes the Work to be provided for each division of the project by the Single Prime Contractor and Protected Subcontractors named and at the bid proposal cost set forth next to each division Base Bid and Alternate(s) below (Div.’s I through V as applicable). Breakdown of that Base Bid and Alternate(s) by Division of Work should add up to that Total Base Bid and Alternate(s) above.

Attachment B – Utilization Plan changes

1. List the bidder’s DOW diverse subcontractor/supplier firms which are to be utilized in regard to the Single Prime contract and each individual Protected Subcontractors DOW diverse subcontractor/supplier firms.
2. Added new column to show DOW that the BEP/VBP vendor will perform work.

Document 00 50 00 – Contract

1. Identifies Single Primes Total Base Bid and accepted alternates along with each DOW Base Bid and accepted alternates.
2. Adds “Note: No identified Protected Subcontractor may be terminated without the written consent of Owner.”

Notice of Intent to Award and Notice of Award Letters

1. Added requirement for new Attachment B to be filled out (Attachment B is similar to BEP / VBP Attachment A)
2. Attachment B for Single Prime to get Protected Subcontractor Name, DOW, Scope and Signature for pending contract.

Bid Tab Spreadsheet Changes For Material Deficiencies Summary Worksheet

1. Column B – Added that the Bidder and identified Protected Subcontractor(s) to be used need to be Prequalified.
2. Column F – Included Material Condition section 10.2.A.12 (from Document 00 20 00) noted above.
3. Columns H & I – Identified new values and added acceptance of Financial Disclosure Affidavit in place of Form A / B.
4. Column I – Added dropdown choice of “N/A” in case bid any bid is less than $100K.

Changes to Contract Documents to include the new CPO Financial Disclosure Affidavit Form use:

1. Additions have been made to various contract documents to allow the new CPO Financial Disclosure Affidavit Form (which also includes certifications) to be used in place of either the Form A or Form B in cases where:

1. The vendor has an active contract with the University of Illinois which contains award information posted on the Illinois Procurement Bulletin – Public Institutions of Higher Education within the last calendar year.;
2. That active contract had an approved Form A / Form B and information contained on either Form provided by the vendor has not changed;
3. (If applicable) The previous potential conflict of interest had been successfully vetted and not changed.

If these conditions have been met, the CPO Financial Disclosure Affidavit Form can be submitted in place of the Form A or Form B. This 2-page affidavit is simple to fill in and will reduce unnecessary vendor, university and state reviews which will speed up the vetting process. Use of this new affidavit form by vendors, if they meet the above criteria, would be appreciated whenever Form A or Form B are requested.

PRZM System Changes for use of Single Prime delivery method

1. Agreement Worksheet:

New categories of “Single Prime” and “Protected Subcontractor” has been added to the dropdown for the agreement worksheet completion of the Single Prime and Protected Subcontractors by Division of Work.

2. Contractor Information Log:

Only the vendor designated as the Single Prime needs to complete the Contractor Information Log form. Creating Contractor Information Logs for the Protected Subcontractors is optional.

3. Subcontractors/Vendors/Suppliers (SVS)

The Single Prime vendor is responsible for adding S/V/S for all divisions of work. The updated SVS Information form allows the Single Prime vendor to specify the division of work when creating each entry.

4. Contractor Schedule of Values (CSV)

The Single Prime vendor is responsible for entering the schedule of values for all divisions of work. The updated CSV form allows the Single Prime vendor to specify the division of work when creating the line items.

5. Request For Proposal Responses

The Single Prime vendor responds to RFPs on behalf of all Protected Subcontractors and S/V/S. The Contractor's Markup On Work Of Subcontractors section has been updated to allow the Single Prime vendor to breakdown the costs for their S/V/S, the Protected Subcontractors, and the Protected Subcontractors’ S/V/S.