Public Act 098-0431
 
HB2614 EnrolledLRB098 08020 HLH 38111 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 Section 30-30 as follows:
 



    (30 ILCS 500/30-30)



    Sec. 30-30. Contracts in excess of $250,000. 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.  A contract may be let for one or more 
buildings in any
project to the same contractor.
The 
specifications shall require, however, that unless the

buildings are identical, a separate price
shall be submitted 
for each building.  The contract may be awarded
to the lowest 
responsible
bidder for each or all of the buildings included in 
the
specifications.

    Until a date 4 years after July 1, 2011, the requirements 
of this Section do not apply to a construction project for 
which the Capital Development Board is the construction agency 
if: (i) the project budget is at least $15,000,000; (ii) the 
Capital Development Board has submitted to the Procurement 
Policy Board a written request for a public hearing on waiver 
of the application of the requirements of this Section to that  
project, including its reasons for seeking the   waiver and why 
the waiver is in the best interest of the State; (iii) the 
Capital Development Board has posted notice of the waiver 
hearing on its procurement web page and on the online 
Procurement Bulletin at least 15 working days before the 
hearing;


(iv) the Procurement Policy Board, after conducting 
the public hearing on the waiver request, reviews and approves 
the request in writing before the award of the contract; (v) 
the successful low bidder has prequalified with the Capital 
Development Board; (vi) 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 this Section; and (vii) the contract entered into with the 
successful bidder provides that no identified subcontractor 
may be terminated without the written consent of the Capital 
Development Board.
With respect to any construction project 
described in this paragraph, the Capital Development Board 
shall: (i) provide to the Auditor General an affidavit that the 
waiver of the application of the requirements of this Section 
is in the best interest of the State; (ii) specify in writing 
as a public record that the project shall comply with the 
disadvantaged business practices of the Business Enterprise 
for Minorities, Females, and Persons with Disabilities Act and 
the equal employment practices of Section 2-105 of the Illinois 
Human Rights Act; and (iii) report annually to the Governor and 
the General Assembly on the bidding, award, and performance. On 
and after January 1, 2009 (the effective date of Public Act 
95-758), the Capital Development Board may award in each year 
contracts with an aggregate total value of no more than 
$200,000,000 with respect to construction projects described 
in this paragraph.
    Until a date 11 years after November 29, 2005 (the 
effective date of Public Act 94-699), the requirements of this 
Section do not apply to the Capitol Building HVAC upgrade 
project if (i) the bid of the successful 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 this 
Section, and (ii) the contract entered into with the successful 
bidder provides that no identified subcontractor may be 
terminated without the written consent of the Capital 
Development Board.
 
(Source: P.A. 96-1204, eff. 7-22-10; 96-1486, eff. 12-30-10; 
97-182, eff. 7-22-11.)

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