Rep. Barbara Flynn Currie

Filed: 11/16/2010

 

 


 

 


 
09600HB1457ham001LRB096 05042 PJG 43809 a

1
AMENDMENT TO HOUSE BILL 1457

2    AMENDMENT NO. ______. Amend House Bill 1457 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 30-30 as follows:
 
6    (30 ILCS 500/30-30)
7    Sec. 30-30. Contracts in excess of $250,000. For building
8construction contracts in excess of $250,000, separate
9specifications shall be prepared for all equipment, labor, and
10materials in connection with the following 5 subdivisions of
11the work to be performed:
12        (1) plumbing;
13        (2) heating, piping, refrigeration, and automatic
14    temperature control systems, including the testing and
15    balancing of those systems;
16        (3) ventilating and distribution systems for

 

 

09600HB1457ham001- 2 -LRB096 05042 PJG 43809 a

1    conditioned air, including the testing and balancing of
2    those systems;
3        (4) electric wiring; and
4        (5) general contract work.
5    The specifications must be so drawn as to permit separate
6and independent bidding upon each of the 5 subdivisions of
7work. All contracts awarded for any part thereof shall award
8the 5 subdivisions of work separately to responsible and
9reliable persons, firms, or corporations engaged in these
10classes of work. The contracts, at the discretion of the
11construction agency, may be assigned to the successful bidder
12on the general contract work or to the successful bidder on the
13subdivision of work designated by the construction agency
14before the bidding as the prime subdivision of work, provided
15that all payments will be made directly to the contractors for
16the 5 subdivisions of work upon compliance with the conditions
17of the contract. A contract may be let for one or more
18buildings in any project to the same contractor. The
19specifications shall require, however, that unless the
20buildings are identical, a separate price shall be submitted
21for each building. The contract may be awarded to the lowest
22responsible bidder for each or all of the buildings included in
23the specifications.
24    Until a date 4 years after January 1, 2009 (the effective
25date of Public Act 95-758), the requirements of this Section do
26not apply to a construction project for which the Capital

 

 

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1Development Board is the construction agency if: (i) the
2project budget is at least $20,000,000; (ii) the Capital
3Development Board has submitted to the Procurement Policy Board
4a written request for a public hearing on waiver of the
5application of the requirements of this Section to that
6project, including its reasons for seeking the waiver and why
7the waiver is in the best interest of the State; (iii) the
8Capital Development Board has posted notice of the waiver
9hearing on its procurement web page and on the online
10Procurement Bulletin at least 15 working days before the
11hearing; (iv) the Procurement Policy Board, after conducting
12the public hearing on the waiver request, reviews and approves
13the request in writing before the award of the contract; (v)
14the successful low bidder has prequalified with the Capital
15Development Board; (vi) the bid of the successful low bidder
16identifies the name of the subcontractor, if any, and the bid
17proposal costs for each of the 5 subdivisions of work set forth
18in this Section; and (vii) the contract entered into with the
19successful bidder provides that no identified subcontractor
20may be terminated without the written consent of the Capital
21Development Board. With respect to any construction project
22described in this paragraph, the Capital Development Board
23shall: (i) provide to the Auditor General an affidavit that the
24waiver of the application of the requirements of this Section
25is in the best interest of the State; (ii) specify in writing
26as a public record that the project shall comply with the

 

 

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1disadvantaged business practices of the Business Enterprise
2for Minorities, Females, and Persons with Disabilities Act and
3the equal employment practices of Section 2-105 of the Illinois
4Human Rights Act; and (iii) report annually to the Governor and
5the General Assembly on the bidding, award, and performance. On
6and after January 1, 2009 (the effective date of Public Act
795-758), the Capital Development Board may award in each year
8contracts with an aggregate total value of no more than
9$100,000,000 with respect to construction projects described
10in this paragraph.
11    Until a date 11 5 years after November 29, 2005 (the
12effective date of Public Act 94-699), the requirements of this
13Section do not apply to the Capitol Building HVAC upgrade
14project if (i) the bid of the successful bidder identifies the
15name of the subcontractor, if any, and the bid proposal costs
16for each of the 5 subdivisions of work set forth in this
17Section, and (ii) the contract entered into with the successful
18bidder provides that no identified subcontractor may be
19terminated without the written consent of the Capital
20Development Board.
21(Source: P.A. 95-758, eff. 1-1-09; 96-1204, eff. 7-22-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".