Full Text of SB0275 99th General Assembly
SB0275sam001 99TH GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 4/7/2015
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| 1 | | AMENDMENT TO SENATE BILL 275
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 275 by replacing | 3 | | everything after the enacting clause with the following:
| 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 shall be prepared for all
equipment, labor, and | 10 | | materials in
connection with the following 5 subdivisions of | 11 | | 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
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| 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 facilitate permit | 6 | | separate and
independent bidding upon
each of the 5 | 7 | | subdivisions of work. Each of the 5 subdivisions of work must | 8 | | be subject to a separate and independent bidding process. All | 9 | | contracts awarded
for any part thereof shall
award the 5 | 10 | | subdivisions of work separately to responsible and
reliable | 11 | | persons, firms, or
corporations engaged in these classes of | 12 | | work. The contracts, at
the discretion of the
construction | 13 | | agency, may be assigned to the successful bidder on
the general | 14 | | contract work or
to the successful bidder on the subdivision of | 15 | | work designated by
the construction agency before
the bidding | 16 | | as the prime subdivision of work, provided that all
payments | 17 | | will be made directly
to the contractors for the 5 subdivisions | 18 | | of work upon compliance
with the conditions of the
contract.
| 19 | | Until a date 4 years after July 1, 2011, the requirements | 20 | | of this Section do not apply to a construction project for | 21 | | which the Capital Development Board is the construction agency | 22 | | if: (i) the project budget is at least $15,000,000; (ii) the | 23 | | Capital Development Board has submitted to the Procurement | 24 | | Policy Board a written request for a public hearing on waiver | 25 | | of the application of the requirements of this Section to that | 26 | | project, including its reasons for seeking the waiver and why |
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| 1 | | the waiver is in the best interest of the State; (iii) the | 2 | | Capital Development Board has posted notice of the waiver | 3 | | hearing on its procurement web page and on the online | 4 | | Procurement Bulletin at least 15 calendar days before the | 5 | | hearing;
(iv) the Procurement Policy Board, after conducting | 6 | | the public hearing on the waiver request, reviews and approves | 7 | | the request in writing before the award of the contract; (v) | 8 | | the successful low bidder has prequalified with the Capital | 9 | | Development Board; (vi) the bid of the successful low bidder | 10 | | identifies the name of the subcontractor, if any, and the bid | 11 | | proposal costs for each of the 5 subdivisions of work set forth | 12 | | in this Section; and (vii) the contract entered into with the | 13 | | successful bidder provides that no identified subcontractor | 14 | | may be terminated without the written consent of the Capital | 15 | | Development Board.
With respect to any construction project | 16 | | described in this paragraph, the Capital Development Board | 17 | | shall: (i) provide to the Auditor General an affidavit that the | 18 | | waiver of the application of the requirements of this Section | 19 | | is in the best interest of the State; (ii) specify in writing | 20 | | as a public record that the project shall comply with the | 21 | | disadvantaged business practices of the Business Enterprise | 22 | | for Minorities, Females, and Persons with Disabilities Act and | 23 | | the equal employment practices of Section 2-105 of the Illinois | 24 | | Human Rights Act; and (iii) report annually to the Governor and | 25 | | the General Assembly on the bidding, award, and performance. On | 26 | | and after January 1, 2009 (the effective date of Public Act |
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| 1 | | 95-758), the Capital Development Board may award in each year | 2 | | contracts with an aggregate total value of no more than | 3 | | $200,000,000 with respect to construction projects described | 4 | | in this paragraph. | 5 | | Until a date 11 years after November 29, 2005 (the | 6 | | effective date of Public Act 94-699), the requirements of this | 7 | | Section do not apply to the Capitol Building HVAC upgrade | 8 | | project if (i) the bid of the successful bidder identifies the | 9 | | name of the subcontractor, if any, and the bid proposal costs | 10 | | for each of the 5 subdivisions of work set forth in this | 11 | | Section, and (ii) the contract entered into with the successful | 12 | | bidder provides that no identified subcontractor may be | 13 | | terminated without the written consent of the Capital | 14 | | Development Board.
| 15 | | (Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; | 16 | | 98-1076, eff. 1-1-15 .)
| 17 | | Section 10. The Business Enterprise for Minorities, | 18 | | Females, and Persons with
Disabilities Act is amended by | 19 | | changing Section 4 as follows:
| 20 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 21 | | (Section scheduled to be repealed on June 30, 2016)
| 22 | | Sec. 4. Award of State contracts.
| 23 | | (a) Except as provided in subsections (b) and (c), not less | 24 | | than 20% of
the total dollar amount of State contracts, as |
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| 1 | | defined by the Secretary of
the Council and approved by the | 2 | | Council, shall be established as a goal to
be awarded to | 3 | | businesses owned by minorities,
females, and persons with | 4 | | disabilities; provided, however, that
of the total amount of | 5 | | all
State contracts awarded to businesses owned by
minorities, | 6 | | females, and persons with disabilities pursuant to
this | 7 | | Section, contracts representing at least 11% shall be awarded | 8 | | to businesses owned by minorities, contracts representing at | 9 | | least 7% shall be awarded to female-owned businesses, and | 10 | | contracts representing at least 2% shall be awarded to | 11 | | businesses owned by persons with disabilities.
| 12 | | The above percentage relates to the total dollar amount of | 13 | | State
contracts during each State fiscal year, calculated by | 14 | | examining
independently each type of contract for each agency | 15 | | or university which
lets such contracts. Only that percentage | 16 | | of arrangements which represents the participation of | 17 | | businesses owned by
minorities, females, and persons with | 18 | | disabilities on such contracts shall
be included.
| 19 | | (b) In the case of State construction contracts, the | 20 | | provisions of
subsection (a) requiring a portion of State | 21 | | contracts to be awarded to
businesses owned and controlled by | 22 | | persons with
disabilities do not apply. Not less
than 20% 10% | 23 | | of the total dollar amount of State construction contracts is
| 24 | | established as a goal to be awarded to minority and female | 25 | | owned
businesses, and contracts representing 50% of the amount | 26 | | of all State
construction contracts awarded to minority and |
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| 1 | | female owned businesses
shall be awarded to female owned | 2 | | businesses.
| 3 | | (c) In the case of all work undertaken by the University of | 4 | | Illinois related to the planning, organization, and staging of | 5 | | the games, the University of Illinois shall establish a goal of | 6 | | awarding not less than 25% of the annual dollar value of all | 7 | | contracts, purchase orders, and other agreements (collectively | 8 | | referred to as "the contracts") to minority-owned businesses or | 9 | | businesses owned by a person with a disability and 5% of the | 10 | | annual dollar value the contracts to female-owned businesses. | 11 | | For purposes of this subsection, the term "games" has the | 12 | | meaning set forth in the Olympic Games and Paralympic Games | 13 | | (2016) Law. | 14 | | (d) Within one year after April 28, 2009 (the effective | 15 | | date of Public Act 96-8), the Department of Central Management | 16 | | Services shall conduct a social scientific study that measures | 17 | | the impact of discrimination on minority and female business | 18 | | development in Illinois. Within 18 months after April 28, 2009 | 19 | | (the effective date of Public Act 96-8), the Department shall | 20 | | issue a report of its findings and any recommendations on | 21 | | whether to adjust the goals for minority and female | 22 | | participation established in this Act. Copies of this report | 23 | | and the social scientific study shall be filed with the | 24 | | Governor and the General Assembly. | 25 | | (e) Those who submit bids or proposals for State contracts | 26 | | shall not be given a period after the bid or proposal is |
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| 1 | | submitted to cure deficiencies in the bid or proposal under | 2 | | this Act unless mandated by federal law or regulation. | 3 | | (Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706, | 4 | | eff. 8-25-09; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 5 | | for the effective date of changes made by P.A. 96-795); | 6 | | 96-1000, eff. 7-2-10 .)".
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