Illinois General Assembly - Full Text of HB2614
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Full Text of HB2614  98th General Assembly




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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17    conditioned air, including the testing and balancing of
18    those systems;
19        (4) electric wiring; and
20        (5) general contract work.
21    The specifications must be so drawn as to permit separate
22and independent bidding upon each of the 5 subdivisions of
23work. All contracts awarded for any part thereof shall award



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1the 5 subdivisions of work separately to responsible and
2reliable persons, firms, or corporations engaged in these
3classes of work. The contracts, at the discretion of the
4construction agency, may be assigned to the successful bidder
5on the general contract work or to the successful bidder on the
6subdivision of work designated by the construction agency
7before the bidding as the prime subdivision of work, provided
8that all payments will be made directly to the contractors for
9the 5 subdivisions of work upon compliance with the conditions
10of the contract. A contract may be let for one or more
11buildings in any project to the same contractor. The
12specifications shall require, however, that unless the
13buildings are identical, a separate price shall be submitted
14for each building. The contract may be awarded to the lowest
15responsible bidder for each or all of the buildings included in
16the specifications.
17    Until a date 4 years after July 1, 2011, the requirements
18of this Section do not apply to a construction project for
19which the Capital Development Board is the construction agency
20if: (i) the project budget is at least $15,000,000; (ii) the
21Capital Development Board has submitted to the Procurement
22Policy Board a written request for a public hearing on waiver
23of the application of the requirements of this Section to that
24project, including its reasons for seeking the waiver and why
25the waiver is in the best interest of the State; (iii) the
26Capital Development Board has posted notice of the waiver



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1hearing on its procurement web page and on the online
2Procurement Bulletin at least 15 working days before the
3hearing; (iv) the Procurement Policy Board, after conducting
4the public hearing on the waiver request, reviews and approves
5the request in writing before the award of the contract; (v)
6the successful low bidder has prequalified with the Capital
7Development Board; (vi) the bid of the successful low bidder
8identifies the name of the subcontractor, if any, and the bid
9proposal costs for each of the 5 subdivisions of work set forth
10in this Section; and (vii) the contract entered into with the
11successful bidder provides that no identified subcontractor
12may be terminated without the written consent of the Capital
13Development Board. With respect to any construction project
14described in this paragraph, the Capital Development Board
15shall: (i) provide to the Auditor General an affidavit that the
16waiver of the application of the requirements of this Section
17is in the best interest of the State; (ii) specify in writing
18as a public record that the project shall comply with the
19disadvantaged business practices of the Business Enterprise
20for Minorities, Females, and Persons with Disabilities Act and
21the equal employment practices of Section 2-105 of the Illinois
22Human Rights Act; and (iii) report annually to the Governor and
23the General Assembly on the bidding, award, and performance. On
24and after January 1, 2009 (the effective date of Public Act
2595-758), the Capital Development Board may award in each year
26contracts with an aggregate total value of no more than



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1$200,000,000 with respect to construction projects described
2in this paragraph.
3    Until a date 11 years after November 29, 2005 (the
4effective date of Public Act 94-699), the requirements of this
5Section do not apply to the Capitol Building HVAC upgrade
6project if (i) the bid of the successful bidder identifies the
7name of the subcontractor, if any, and the bid proposal costs
8for each of the 5 subdivisions of work set forth in this
9Section, and (ii) the contract entered into with the successful
10bidder provides that no identified subcontractor may be
11terminated without the written consent of the Capital
12Development Board.
13(Source: P.A. 96-1204, eff. 7-22-10; 96-1486, eff. 12-30-10;
1497-182, eff. 7-22-11.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.