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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5734
Introduced , by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED:
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Amends the Illinois Procurement Code. With respect to provisions concerning responsible bidder requirements for construction contracts, provides that any contractor or subcontractor who does not comply with those provisions is subject to (i) a 20% penalty and an additional 2% punitive penalty of the total contract bid, (ii) a 2-year disbarment from bidding on State contracts, or (iii) both (i) and (ii).
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A BILL FOR
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HB5734 |
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LRB095 19873 RCE 46272 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| changing Section 30-22 as follows:
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| (30 ILCS 500/30-22)
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| Sec. 30-22. Construction contracts; responsible bidder |
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| requirements. To
be
considered a responsible bidder on a |
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| construction contract for purposes of this
Code, a
bidder must |
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| comply with all of the following requirements and must present
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| satisfactory
evidence of that compliance to the appropriate |
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| construction agency:
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| (1) The bidder must comply with all applicable laws |
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| concerning the
bidder's entitlement to conduct business in |
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| Illinois.
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| (2) The bidder must comply with all applicable |
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| provisions of the
Prevailing Wage Act.
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| (3) The bidder must comply with Subchapter VI ("Equal |
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| Employment
Opportunities") of Chapter 21 of Title 42 of the |
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| United States Code (42 U.S.C.
2000e and following) and with |
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| Federal Executive Order No. 11246 as amended
by Executive |
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| Order No. 11375.
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| (4) The bidder must have a valid Federal Employer |
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HB5734 |
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LRB095 19873 RCE 46272 b |
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| Identification Number
or, if an individual, a valid Social |
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| Security Number.
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| (5) The bidder must have a valid certificate of |
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| insurance showing the
following coverages: general |
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| liability, professional liability, product
liability,
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| workers' compensation, completed operations, hazardous |
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| occupation, and
automobile.
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| (6) The bidder and all bidder's subcontractors must |
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| participate
in applicable apprenticeship and training |
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| programs
approved by and registered with the United States |
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| Department of Labor's Bureau
of Apprenticeship and |
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| Training.
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| (7) For contracts with the Illinois Power Agency, the |
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| Director of the Illinois Power Agency may establish |
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| additional requirements for responsible bidders. These |
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| additional requirements, if established, shall be set |
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| forth together with the other criteria contained in the |
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| invitation for bids, and shall appear in the appropriate |
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| volume of the Illinois Procurement Bulletin.
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| The provisions of this Section shall not apply to federally |
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| funded
construction projects if such application would |
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| jeopardize the receipt or use
of federal funds in support of |
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| such a project.
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| Any contractor or subcontractor who does not comply with |
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| this Section is subject to (i) a 20% penalty and an additional |
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| 2% punitive penalty of the total contract bid, (ii) a 2-year |