Rep. Gary Hannig
Filed: 4/26/2007
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1 | AMENDMENT TO HOUSE BILL 2254
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2 | AMENDMENT NO. ______. Amend House Bill 2254 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 30-30 as follows:
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6 | (30 ILCS 500/30-30)
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7 | Sec. 30-30. Contracts in excess of $250,000. For
building | ||||||
8 | construction contracts in excess of
$250,000, separate | ||||||
9 | specifications shall be prepared for all
equipment, labor, and | ||||||
10 | materials in
connection with the following 5 subdivisions of | ||||||
11 | the work to be
performed:
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12 | (1) plumbing;
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13 | (2) heating, piping, refrigeration, and automatic
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14 | temperature control systems,
including the testing and | ||||||
15 | balancing of those systems;
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16 | (3) ventilating and distribution systems for
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1 | conditioned air, including the testing
and balancing of | ||||||
2 | those systems;
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3 | (4) electric wiring; and
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4 | (5) general contract work.
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5 | The specifications must be so drawn as to permit separate | ||||||
6 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
7 | work. All contracts awarded
for any part thereof shall
award | ||||||
8 | the 5 subdivisions of work separately to responsible and
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9 | reliable persons, firms, or
corporations engaged in these | ||||||
10 | classes of work. The contracts, at
the discretion of the
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11 | construction agency, may be assigned to the successful bidder | ||||||
12 | on
the general contract work or
to the successful bidder on the | ||||||
13 | subdivision of work designated by
the construction agency | ||||||
14 | before
the bidding as the prime subdivision of work, provided | ||||||
15 | that all
payments will be made directly
to the contractors for | ||||||
16 | the 5 subdivisions of work upon compliance
with the conditions | ||||||
17 | of the
contract. A contract may be let for one or more | ||||||
18 | buildings in any
project to the same contractor.
The | ||||||
19 | specifications shall require, however, that unless the
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20 | buildings are identical, a separate price
shall be submitted | ||||||
21 | for each building. The contract may be awarded
to the lowest | ||||||
22 | responsible
bidder for each or all of the buildings included in | ||||||
23 | the
specifications.
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24 | Until a date 3 years after the effective date of this | ||||||
25 | amendatory Act of the 95th General Assembly, the requirements | ||||||
26 | of this Section do not apply to a construction project for |
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1 | which the Capital Development Board is the construction agency | ||||||
2 | if: (i) the project budget is at least $20,000,000; (ii) the | ||||||
3 | Capital Development Board has submitted to the Procurement | ||||||
4 | Policy Board a written request for a public hearing on waiver | ||||||
5 | of the application of the requirements of this Section to that | ||||||
6 | project, including its reasons for seeking the waiver and why | ||||||
7 | the waiver is in the best interest of the State; (iii) the | ||||||
8 | Capital Development Board has posted notice of the waiver | ||||||
9 | hearing on its procurement web page and on the online | ||||||
10 | Procurement Bulletin at least 15 working days before the | ||||||
11 | hearing;
(iv) the Procurement Policy Board, after conducting | ||||||
12 | the public hearing on the waiver request, reviews and approves | ||||||
13 | the request in writing before the award of the contract; (v) | ||||||
14 | the successful low bidder has prequalified with the Capital | ||||||
15 | Development Board; (vi) the bid of the successful low bidder | ||||||
16 | identifies the name of the subcontractor, if any, and the bid | ||||||
17 | proposal costs for each of the 5 subdivisions of work set forth | ||||||
18 | in this Section; and (vii) the contract entered into with the | ||||||
19 | successful bidder provides that no identified subcontractor | ||||||
20 | may be terminated without the written consent of the Capital | ||||||
21 | Development Board.
With respect to any construction project | ||||||
22 | described in this paragraph, the Capital Development Board | ||||||
23 | shall: (i) provide to the Auditor General an affidavit that the | ||||||
24 | waiver of the application of the requirements of this Section | ||||||
25 | is in the best interest of the State; (ii) specify in writing | ||||||
26 | as a public record that the project shall comply with the |
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1 | disadvantaged business practices of the Business Enterprise | ||||||
2 | for Minorities, Females, and Persons with Disabilities Act and | ||||||
3 | the equal employment practices of Section 2-105 of the Illinois | ||||||
4 | Human Rights Act; and (iii) report annually to the Governor and | ||||||
5 | the General Assembly on the bidding, award, and performance. On | ||||||
6 | and after the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly, the Capital Development Board may award in | ||||||
8 | each year contracts with an aggregate total value of no more | ||||||
9 | than $100,000,000 with respect to construction projects | ||||||
10 | described in this paragraph. | ||||||
11 | Until a date 2 years after the effective date of this | ||||||
12 | amendatory Act of the 93rd General Assembly, the requirements | ||||||
13 | of this Section do not apply to the construction of an | ||||||
14 | Emergency Operations Center for the Illinois Emergency | ||||||
15 | Management Agency if (i) the majority of the funding for the | ||||||
16 | project is from federal funds, (ii) the bid of the successful | ||||||
17 | bidder identifies the name of the subcontractor, if any, and | ||||||
18 | the bid proposal costs for each of the 5 subdivisions of work | ||||||
19 | set forth in this Section, and (iii) the contract entered into | ||||||
20 | with the successful bidder provides that no identified | ||||||
21 | subcontractor may be terminated without the written consent of | ||||||
22 | the Capital Development Board.
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23 | Until a date 5 years after the effective date of this | ||||||
24 | amendatory Act of the 94th General Assembly, the requirements | ||||||
25 | of this Section do not apply to the Capitol Building HVAC | ||||||
26 | upgrade project if (i) the bid of the successful bidder |
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1 | identifies the name of the subcontractor, if any, and the bid | ||||||
2 | proposal costs for each of the 5 subdivisions of work set forth | ||||||
3 | in this Section, and (ii) the contract entered into with the | ||||||
4 | successful bidder provides that no identified subcontractor | ||||||
5 | may be terminated without the written consent of the Capital | ||||||
6 | Development Board.
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7 | (Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)".
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