Full Text of HB2254 095th General Assembly
HB2254enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 30-30 as follows:
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| (30 ILCS 500/30-30)
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| 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:
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| (1) plumbing;
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| (2) heating, piping, refrigeration, and automatic
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| temperature control systems,
including the testing and | 15 |
| balancing of those systems;
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| (3) ventilating and distribution systems for
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| conditioned air, including the testing
and balancing of | 18 |
| those systems;
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| (4) electric wiring; and
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| (5) general contract work.
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| The specifications must be so drawn as to permit separate | 22 |
| and
independent bidding upon
each of the 5 subdivisions of | 23 |
| work. All contracts awarded
for any part thereof shall
award |
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| the 5 subdivisions of work separately to responsible and
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| reliable persons, firms, or
corporations engaged in these | 3 |
| classes of work. The contracts, at
the discretion of the
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| construction agency, may be assigned to the successful bidder | 5 |
| on
the general contract work or
to the successful bidder on the | 6 |
| subdivision of work designated by
the construction agency | 7 |
| before
the bidding as the prime subdivision of work, provided | 8 |
| that all
payments will be made directly
to the contractors for | 9 |
| the 5 subdivisions of work upon compliance
with the conditions | 10 |
| of the
contract. A contract may be let for one or more | 11 |
| buildings in any
project to the same contractor.
The | 12 |
| specifications shall require, however, that unless the
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| buildings are identical, a separate price
shall be submitted | 14 |
| for each building. The contract may be awarded
to the lowest | 15 |
| responsible
bidder for each or all of the buildings included in | 16 |
| the
specifications.
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| Until a date 3 years after the effective date of this | 18 |
| amendatory Act of the 95th General Assembly, 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 $20,000,000; (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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| 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 working 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 the effective date of this amendatory Act of the 95th | 26 |
| General Assembly, the Capital Development Board may award in |
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| each year contracts with an aggregate total value of no more | 2 |
| than $100,000,000 with respect to construction projects | 3 |
| described in this paragraph. | 4 |
| Until a date 2 years after the effective date of this | 5 |
| amendatory Act of the 93rd General Assembly, the requirements | 6 |
| of this Section do not apply to the construction of an | 7 |
| Emergency Operations Center for the Illinois Emergency | 8 |
| Management Agency if (i) the majority of the funding for the | 9 |
| project is from federal funds, (ii) the bid of the successful | 10 |
| bidder identifies the name of the subcontractor, if any, and | 11 |
| the bid proposal costs for each of the 5 subdivisions of work | 12 |
| set forth in this Section, and (iii) the contract entered into | 13 |
| with the successful bidder provides that no identified | 14 |
| subcontractor may be terminated without the written consent of | 15 |
| the Capital Development Board.
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| Until a date 5 years after the effective date of this | 17 |
| amendatory Act of the 94th General Assembly, the requirements | 18 |
| of this Section do not apply to the Capitol Building HVAC | 19 |
| upgrade project if (i) the bid of the successful bidder | 20 |
| identifies the name of the subcontractor, if any, and the bid | 21 |
| proposal costs for each of the 5 subdivisions of work set forth | 22 |
| in this Section, and (ii) the contract entered into with the | 23 |
| successful bidder provides that no identified subcontractor | 24 |
| may be terminated without the written consent of the Capital | 25 |
| Development Board.
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| (Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)
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