HB2393 103RD GENERAL ASSEMBLY

LRB103 25428 DTM 51776 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2393

Introduced 2/15/2023, by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

30 ILCS 500/30-65 new

Amends the Illinois Procurement Code. Provides that, within 45 days after the date that a written request for a change order is submitted by a contractor to a State agency or within 45 days after the date that authorization for extra work is issued by a State agency to a contractor, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 30 days are necessary to make a determination. Provides that if an additional 30 days is requested, then, after the 30 additional days have elapsed, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 15 days are necessary to make a determination. Provides that if an additional 15 days is requested, then, after every 15 additional days that elapse, as necessary, the State agency shall perform one of the specified actions. Provides that the State agency shall report quarterly on its website the total number of times the State agency requested additional time to make a determination and the total number of times the State agency requested additional time for such determination for each contract. Effective immediately.

A BILL FOR

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 adding Section 30-65 as follows:

(30 ILCS 500/30-65 new)

Sec. 30-65. Request for change orders.

(a) Within 45 days after the date that a written request for a change order is submitted by a contractor to a State agency or within 45 days after the date that authorization for extra work is issued by a State agency to a contractor, the State agency shall: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 30 days are necessary to make a determination.

(b) If an additional 30 days is requested under subsection (a), then, after the 30 additional days have elapsed, the State agency shall: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 15 days are necessary to make a determination. If an additional 15 days is requested under this subsection (b), then, after every 15 additional days that elapse, as necessary, the State agency shall perform one of the actions specified in items (i) through (vi) of this subsection (b).

(c) The State agency shall report quarterly on its website the total number of times the State agency requested additional time to make a determination under this Section and the total number of times the State agency requested additional time for such determination for each contract.

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