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Public Act 098-0431
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| HB2614 Enrolled | LRB098 08020 HLH 38111 b |
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AN ACT concerning finance.
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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 |
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 |
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:
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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 |
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 |
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 |
and
independent bidding upon
each of the 5 subdivisions of |
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 |
classes of work. The contracts, at
the discretion of the
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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
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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.
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Until a date 4 years after July 1, 2011, 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 $15,000,000; (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 |
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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), the Capital Development Board may award in each year |
contracts with an aggregate total value of no more than |
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$200,000,000 with respect to construction projects described |
in this paragraph. |
Until a date 11 years after November 29, 2005 (the |
effective date of Public Act 94-699), 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.
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(Source: P.A. 96-1204, eff. 7-22-10; 96-1486, eff. 12-30-10; |
97-182, eff. 7-22-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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