Full Text of HB3497 99th General Assembly
HB3497eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 30-30 as follows:
| 6 | | (30 ILCS 500/30-30)
| 7 | | Sec. 30-30. Contracts in excess of $250,000. For
building | 8 | | construction contracts in excess of
$250,000, separate | 9 | | specifications may shall be prepared for all
equipment, labor, | 10 | | and materials in
connection with the following 5 subdivisions | 11 | | of the 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 may must be so drawn as to permit | 22 | | separate and
independent bidding upon
each of the 5 | 23 | | subdivisions of work. All contracts awarded
for any part |
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| 1 | | thereof may shall
award the 5 subdivisions of work separately | 2 | | to responsible and
reliable persons, firms, or
corporations | 3 | | engaged in these classes of work. The contracts, at
the | 4 | | discretion of the
construction agency, may be assigned to the | 5 | | successful bidder on
the general contract work or
to the | 6 | | successful bidder on the subdivision of work designated by
the | 7 | | construction agency before
the bidding as the prime subdivision | 8 | | of work, provided that all
payments will be made directly
to | 9 | | the contractors for the 5 subdivisions of work upon compliance
| 10 | | with the conditions of the
contract.
| 11 | | For single prime projects: (i) the bid of the successful | 12 | | low bidder shall identify the name of the subcontractor, if | 13 | | any, and the bid proposal costs for each of the 5 subdivisions | 14 | | of work set forth in this Section; and (ii) the contract | 15 | | entered into with the successful bidder shall provide that no | 16 | | identified subcontractor may be terminated without the written | 17 | | consent of the Capital Development Board. | 18 | | Until a date 4 years after July 1, 2011, the requirements | 19 | | of this Section do not apply to a construction project for | 20 | | which the Capital Development Board is the construction agency | 21 | | if: (i) the project budget is at least $15,000,000; (ii) the | 22 | | Capital Development Board has submitted to the Procurement | 23 | | Policy Board a written request for a public hearing on waiver | 24 | | of the application of the requirements of this Section to that | 25 | | project, including its reasons for seeking the waiver and why | 26 | | the waiver is in the best interest of the State; (iii) the |
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| 1 | | Capital Development Board has posted notice of the waiver | 2 | | hearing on its procurement web page and on the online | 3 | | Procurement Bulletin at least 15 calendar days before the | 4 | | hearing;
(iv) the Procurement Policy Board, after conducting | 5 | | the public hearing on the waiver request, reviews and approves | 6 | | the request in writing before the award of the contract; (v) | 7 | | the successful low bidder has prequalified with the Capital | 8 | | Development Board; (vi) the bid of the successful low bidder | 9 | | identifies the name of the subcontractor, if any, and the bid | 10 | | proposal costs for each of the 5 subdivisions of work set forth | 11 | | in this Section; and (vii) the contract entered into with the | 12 | | successful bidder provides that no identified subcontractor | 13 | | may be terminated without the written consent of the Capital | 14 | | Development Board.
With respect to any construction project | 15 | | described in this paragraph, the Capital Development Board | 16 | | shall: (i) provide to the Auditor General an affidavit that the | 17 | | waiver of the application of the requirements of this Section | 18 | | is in the best interest of the State; (ii) specify in writing | 19 | | as a public record that the project shall comply with the | 20 | | disadvantaged business practices of the Business Enterprise | 21 | | for Minorities, Females, and Persons with Disabilities Act and | 22 | | the equal employment practices of Section 2-105 of the Illinois | 23 | | Human Rights Act; and (iii) report annually to the Governor and | 24 | | the General Assembly on the bidding, award, and performance. On | 25 | | and after January 1, 2009 (the effective date of Public Act | 26 | | 95-758), the Capital Development Board may award in each year |
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| 1 | | contracts with an aggregate total value of no more than | 2 | | $200,000,000 with respect to construction projects described | 3 | | in this paragraph. | 4 | | Until a date 11 years after November 29, 2005 (the | 5 | | effective date of Public Act 94-699), the requirements of this | 6 | | Section do not apply to the Capitol Building HVAC upgrade | 7 | | project if (i) the bid of the successful bidder identifies the | 8 | | name of the subcontractor, if any, and the bid proposal costs | 9 | | for each of the 5 subdivisions of work set forth in this | 10 | | Section, and (ii) the contract entered into with the successful | 11 | | bidder provides that no identified subcontractor may be | 12 | | terminated without the written consent of the Capital | 13 | | Development Board.
| 14 | | (Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; | 15 | | 98-1076, eff. 1-1-15 .)
| 16 | | Section 95. Repeal date. This Act is repealed on December | 17 | | 31, 2020.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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