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Announcement – Tuesday, January 28, 2020
Revisions-to-Contract-Documents-Effective-November-1 2020
The Capital Development Board (CDB) will implement revisions to several sections of the Division 00 and Division 01 bid documents, including the Supplement to the Standard Documents for Construction (SDC), effective for bid solicitations posted on the CDB Procurement Bulletin on or after November 1, 2020. The revisions, which are outlined below, incorporate the following:
new requirements for the Apprenticeship Initiative under the Illinois Works Jobs Program Act (30 ILCS 559/20-20);
new requirements for the good faith effort waiver process based on amendments to the Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575);
allow for the addition of goals for participation by businesses owned by persons with disabilities pursuant to the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
modify the process for receiving the ten-day cure period when vendors submit no eligible participation by minority-owned, women-owned, persons with disabilities-owned or veteran-owned business enterprises when goals for such exist;
update the language regarding certification by contractors and subcontractors holding multiyear contracts to be consistent with the Illinois Procurement Code (30 ILCS 500/50-2);
change the failure to submit the Disclosure of Business Operations with Government of Iran form from a material deficiency to a technical deficiency, as allowed by the Illinois Procurement Code (30 ILCS 500/50-36); and
make other minor, non-substantive changes.
Additionally, a new section, Section 2.8, will be added to the Design and Construction Manual Supplement to incorporate new requirements for the Apprenticeship Initiative under the Illinois Works Jobs Program Act (30 ILCS 559/20-20). That section includes an explanation of the applicable goal for the use of apprentices in performing prevailing wage eligible work, the submission of the budget supplement as a post-award requirement, the submission of monthly reports on the use of apprentices for prevailing wage eligible work, the submission of a request for the reduction or waiver of an apprenticeship goal when the applicable goal will not be met, and the requirement for submitting a certification of completion with the final close-out package certifying that the goal has been met or a waiver has been granted.
Finally, CDB will be issuing a Supplement to the Standard Documents for Construction for Design-Build Projects. This Supplement updates the August 2007 edition of the Standard Documents for Construction for Design-Build Projects by incorporating many of the requirements contained in the previous version of the Supplement to the Standard Documents for Construction, as well as the new requirements outlined below.
The applicability of the Apprenticeship Initiative from the Illinois Works Jobs Program Act and the addition of goals for businesses owned by persons with disabilities will also be noted in future Professional Services Bulletins.
The new, updated documents have been uploaded into the Reference Library on CDB’s website.
A/Es will need to take note of these revisions and include the revisions in your preparation of bid documents.
Contractors will need to become familiar with the revisions. The bid documents issued to you by CDB will have the revisions incorporated into the Project Manual.
Training on these new requirements will be provided by videoconference on November 9, 2020, at 2:30 p.m. Although the training will be intended for CDB construction and design vendors, it will be open to all who are interested in attending. Instructions for attending the training will be posted on CDB’s website. The training session will be recorded and posted on CDB’s website for those unable to attend the live version of the session.
Questions related to changes involving the Business Enterprise for Minorities, Women, and Persons with Disabilities Act should be directed at Jesse Martinez, CDB’s Fair Employment Practices Administrator, at Jesse.Martinez@Illinois.gov or 217-299-7603. Any other questions related to these changes should be directed at Amy Romano, CDB General Counsel, at Amy.Romano@illinois.gov or 217-782-0700, or Lauren Noll, CDB Deputy General Counsel, at Lauren.Noll@illinois.gov or 312-771-3443.
Sections of the Division 00 and Division 01 bid documents that contain substantive modifications are as follows:
Section 00 00 00 - Information Page: This section has been modified to reflect the change in the name of 00 41 05 to include persons with disabilities owned business enterprises, to add reference to the new Section 00 43 44 – Illinois Works Apprenticeship Initiative, and to reflect the dates for which changes to the Division 00 sections occurred.
Section 00 11 13 - Advertisement for Bids – This section was revised to reflect the addition of participation goals for businesses owned by persons with disabilities, to change reference to female- owned business enterprises (FBE) to women-owned business enterprises (WBE), and to make other non-substantive changes.
Section 00 41 05 – Minority/Women/Persons with Disabilities/Veteran Business Enterprise Program Requirements - This section was modified to allow for participation goals for businesses owned by persons with disabilities (PBE). Additionally, language was added to clarify that a minority-owned, women-owned, persons with disabilities-owned, or veteran-owned bidder must include the proposed dollar value of work to be done by its own forces on the Form 00 41 05. Also, a revision was made to change the process for obtaining the 10-day cure period when no eligible participation is listed on the Form 00 41 05 but goals for MBE/WBE/PBE/VBE participation exist. Bidders who do not have any eligible participation listed on the 00 41 05 must submit documentation of their good faith efforts in meeting the goals with their bids in order to receive the 10-day cure period. Language regarding the submission of good faith effort documentation within 4 calendar days of bid opening when no eligible participation is listed on the 00 41 05 has been removed.
Section 00 43 44 – Illinois Works Apprenticeship Initiative – This new section has been created to add requirements for the Illinois Works Apprenticeship Initiative created by the Illinois Works Jobs Program Act, 30 ILCS 559/20-20. This section identifies the applicable apprenticeship goal for the project and outlines the general requirements for the submission of a budget supplement, monthly reports, request for a waiver or reduction of the apprenticeship goal, and a final certification for the successful bidder.
Section 01 11 01 – Supplement to SDC and SDC-CM – This section was updated to add a general note that any reference to “MBE/FBE” shall mean “MBE/WBE/PBE/VBE.” Additionally, reference to goals for persons with disabilities-owned business enterprises (PBE) has been added throughout the section. Additional language that was modified in this Section 01 11 01 includes the following:
Paragraph 00 43 39.3 was amended to include that if no eligible participation is listed on the Form 00 41 05, then the bidder must submit documentation of its good faith efforts to achieve the goals with its bid. Further, language was corrected to clarify that any cure period for business enterprise participation goals begins at the date of notification by CDB, as specified in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, rather than at bid opening.
Paragraph 00 43 39.4 was modified to clarify that the bidder shall indicate the work to be done by its own forces on the Form 00 41 05 when the bidder is a minority-owned, women-owned, persons with disabilities-owned, or veteran-owned business enterprise.
Paragraph 00 43 39.8 was amended to add new good faith effort documentation to be submitted by a bidder that has not met the participation goals. That documentation includes a list of all MBE/WBE/PBE/VBE firms the bidder has used in the current and prior fiscal years, a list of all certified MBE/WBE/PBE/VBE firms eligible to perform the work, documentation that demonstrates a clear determination that the number of certified MBE/WBE/PBE/VBE firms eligible to perform the work is insufficient to ensure adequate competition, and documentation that demonstrates the MBE/WBE/PBE/VBE firms’ prices were unreasonable. Language was also added to clarify what should be included as evidence of contacting MBE/WBE/PBE/VBE firms. Language regarding how mathematical errors on the Form 00 41 05 should be addressed in the Good Faith Effort documentation was removed, as it was no longer necessary given the cure period. Paragraph 00 43 39.11(d) was corrected to require a firm to be certified as an MBE/WBE/PBE/VBE at time of bid opening, rather than execution of the contract.
Article 00 43 44 is a new article that was added to include requirements for the Illinois Works Apprenticeship Initiative. That article outlines goals required by the Illinois Works Jobs Program Act, 30 ILCS 559/20-20. Additionally, requirements for the submission of the Apprenticeship Initiative Budget Supplement, monthly reports of apprenticeship utilization, application for a reduction or waiver of apprenticeship goals when the goals will not be met, and submission of a final certification of completion are included. Compliance with the Illinois Works Apprenticeship Initiative is also included as a new certification under Paragraph 00 45 00.15.
In Paragraph 00 45 00.14, language regarding the recertification for contracts extending over multiple years was updated to be consistent with Section 50-2 of the Illinois Procurement Code. That Paragraph now states that vendors must certify, by January 1 of each fiscal year covered by the contract after the initial fiscal year, of any changes that affect its ability to meet the requirements for being awarded a contract under Article 50 of the Illinois Procurement Code. If a vendor or subcontractor continues to meet all the requirements of the Illinois Procurement Code, it shall not be required to submit any certification.
Article 00 51 20 was amended to make the failure to submit documentation of the bidder’s good faith efforts to meet applicable MBE/WBE/PBE/VBE goals at time of bid when no eligible participation is listed on the 00 41 05 Form a material deficiency. Additionally, the failure to submit the Disclosure of Business Operations with Government of Iran form was removed as a material deficiency and added as a technical deficiency to 00 51 20.2(B), as allowed by Section 50-36 the Illinois Procurement Code.
Paragraph 00 51 20.2(C) was modified to clarify that the ten-day cure period for adding participation under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act commences at notification, rather than bid opening.
In Paragraph 00 51 28.5, the word “calendar” was added to clarify that copies of subcontracts and supplier agreements are to be submitted within 10 calendar days of Notice of Award.
In Paragraph 00 51 40.2, the Illinois Works Apprenticeship Initiative Budget Supplement was added as a submittal due within ten calendar days of Notice of Award.
In Article 00 72 25, language from the Standard Documents for Construction related to the Right to Terminate the Contract for Clause was repeated to clarify that the intent of including that section in the SDC Supplement was only to change the title and not to remove any remaining language. Additionally, a minor change has been made to subparagraph E to clarify that CDB may select a replacement contractor “by selecting the most advantageous method identified in the Illinois Procurement Code or in other relevant procurement laws and administrative rules.”
Paragraph 01 77 19.2(F) was modified to add that certification of compliance with the Illinois Works Apprenticeship Initiative is due with other final completion documents.
Finally, incorrect citations contained in the SDC Supplement were corrected or removed, and some additional non-substantive changes were made.