Public Act 096-1204
Public Act 1204 96TH GENERAL ASSEMBLY
|
Public Act 096-1204
| | SB3206 Enrolled | LRB096 15762 RLJ 31002 b |
|
| AN ACT concerning State government.
| 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 | changing Section 30-30 as follows:
| (30 ILCS 500/30-30)
| Sec. 30-30. Contracts in excess of $250,000. For
building | construction contracts in excess of
$250,000, separate | specifications shall be prepared for all
equipment, labor, and | materials in
connection with the following 5 subdivisions of | the work to be
performed:
| (1) plumbing;
| (2) heating, piping, refrigeration, and automatic
| temperature control systems,
including the testing and | balancing of those systems;
| (3) ventilating and distribution systems for
| conditioned air, including the testing
and balancing of | those systems;
| (4) electric wiring; and
| (5) general contract work.
| The specifications must be so drawn as to permit separate | and
independent bidding upon
each of the 5 subdivisions of | work. All contracts awarded
for any part thereof shall
award |
| the 5 subdivisions of work separately to responsible and
| reliable persons, firms, or
corporations engaged in these | classes of work. The contracts, at
the discretion of the
| construction agency, may be assigned to the successful bidder | on
the general contract work or
to the successful bidder on the | subdivision of work designated by
the construction agency | before
the bidding as the prime subdivision of work, provided | that all
payments will be made directly
to the contractors for | the 5 subdivisions of work upon compliance
with the conditions | of the
contract. A contract may be let for one or more | buildings in any
project to the same contractor.
The | specifications shall require, however, that unless the
| buildings are identical, a separate price
shall be submitted | for each building. The contract may be awarded
to the lowest | responsible
bidder for each or all of the buildings included in | the
specifications.
| Until a date 4 3 years after January 1, 2009 (the effective | date of Public Act 95-758) this amendatory Act of the 95th | General Assembly, the requirements of this Section do not apply | to a construction project for which the Capital Development | Board is the construction agency if: (i) the project budget is | at least $20,000,000; (ii) the Capital Development Board has | submitted to the Procurement Policy Board a written request for | a public hearing on waiver of the application of the | requirements of this Section to that project, including its | reasons for seeking the waiver and why the waiver is in the |
| best interest of the State; (iii) the Capital Development Board | has posted notice of the waiver hearing on its procurement web | page and on the online Procurement Bulletin at least 15 working | days before the hearing;
(iv) the Procurement Policy Board, | after conducting the public hearing on the waiver request, | reviews and approves the request in writing before the award of | the contract; (v) the successful low bidder has prequalified | with the Capital Development Board; (vi) the bid of the | successful low bidder identifies the name of the subcontractor, | if any, and the bid proposal costs for each of the 5 | subdivisions of work set forth in this Section; and (vii) the | contract entered into with the successful bidder provides that | no identified subcontractor may be terminated without the | written consent of the Capital Development Board.
With respect | to any construction project described in this paragraph, the | Capital Development Board shall: (i) provide to the Auditor | General an affidavit that the waiver of the application of the | requirements of this Section is in the best interest of the | State; (ii) specify in writing as a public record that the | project shall comply with the disadvantaged business practices | of the Business Enterprise for Minorities, Females, and Persons | with Disabilities Act and the equal employment practices of | Section 2-105 of the Illinois Human Rights Act; and (iii) | report annually to the Governor and the General Assembly on the | bidding, award, and performance. On and after January 1, 2009 | (the effective date of Public Act 95-758) this amendatory Act |
| of the 95th General Assembly, the Capital Development Board may | award in each year contracts with an aggregate total value of | no more than $100,000,000 with respect to construction projects | described in this paragraph. | Until a date 5 years after November 29, 2005 (the effective | date of Public Act 94-699) this amendatory Act of the 94th | General Assembly, the requirements of this Section do not apply | to the Capitol Building HVAC upgrade project if (i) the bid of | the successful bidder identifies the name of the subcontractor, | if any, and the bid proposal costs for each of the 5 | subdivisions of work set forth in this Section, and (ii) the | contract entered into with the successful bidder provides that | no identified subcontractor may be terminated without the | written consent of the Capital Development Board.
| (Source: P.A. 94-699, eff. 11-29-05; 95-758, eff. 1-1-09.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/22/2010
|
Translate
