Procurement Reform

Illinois Tollway Engineering Department
Subcontracting Guidelines for Contractors and Consultants

Effective July 1, 2010, the Procurement Reform Bill, also known as SB 51 (P.A. 96-0795 and subsequently P.A. 96-0920), was enacted into law.  The bill changed the provisions of the Illinois Procurement Code (30 ILCS 500) to require information and subcontractor agreements from subcontractors of all tiers whose contract value exceeds $25,000. The firm (Prime) awarded a Tollway contract is required to implement and enforce the contract requirements applicable to subcontractors as a material condition of the contract.

To the extent that the information is known, the contract bid/offer documents shall include the names and addresses of all subcontractors and the estimated monetary value each will receive under the contract.  The Prime is to utilize the "Subcontractor Information/Delinquent Debt Review Certification" form (included as part of the certification/disclosure forms) to identify known subcontractors and contract values with the bid/offer.

Subcontractor Agreements (All Tiers) Exceeding $25,000:
The Prime shall provide copies of subcontract agreements for subcontractors of all tiers whose contract value exceeds $25,000 as soon as possible upon notice of a Tollway award, but no later than 20 days from the date the Tollway executes the contract (generally the notice-to-proceed date) or from the date of the execution of the subcontract, whichever is later. 

Subcontractor/Consultant Certification/Disclosure forms:
In addition to the subcontract agreement, certifications and disclosures are also required by subcontractors pursuant to Article 50 of the Illinois Procurement Code. Publicly traded companies may submit a 10K disclosure (or equivalent if applicable) in satisfaction of the certification/disclosure forms, but must still submit eligible subcontract agreements.

All disclosures shall be signed and made under penalty of perjury by an authorized officer or employee on behalf of the bidder or offeror and all financial disclosures and potential conflicts of interest will be filed with the Procurement Policy Board.

Submittal Guidelines:
The Prime shall provide a copy of the subcontract agreements and the subcontractor/consultant certification/disclosure forms to the State Purchasing Officer (SPO) through the Tollway's General Manager of Engineering at 2700 Ogden Ave., Downers Grove, IL 60515 upon notice of a Tollway award. Subcontract agreements and subcontractor/consultant certification/disclosure forms must be submitted in Adobe Acrobat^® (pdf) format on a compact disk.

All firms that have entered into multi-year contracts or subcontracts shall re-certify their disclosures by July 1st after the initial year of the contract.  Re-certifications shall be submitted to the SPO through the General Manager of Engineering at 2700 Ogden Ave., Downers Grove, IL 60515 by submitting either revised forms (in Adobe Acrobat^® (pdf) format) or an affidavit stating that there is no change and that the firm continues to satisfy the requirements of Article 50 of the procurement code pertaining to eligibility for a contract award.
These requirements will be implemented for the January 4, 2011, construction bid letting and for consultants selected in response to PSB 10-2 or any subsequent solicitations. Click on the link to access the Subcontractor Compliance Financial Disclosure or the Subcontractor Standard Certifications-Financial Disclosures (Effective 05/01/12).

For Detailed Instructions:
Construction subcontractor submittals
Consultant subconsultant submittals