Section 1.3005  Construction and Construction Related Professional Services

a)         General Provisions for Construction of Buildings

1)         In the case of contracts for construction of buildings or for other construction work in or about buildings or grounds when the entire estimated cost of the work exceeds the amount stipulated by Section 20-20 of the Code, prospective contractors employed in connection with those projects may be prequalified to determine their responsibility (for architects, engineers and land surveyors, see the Architectural, Engineering and Land Surveying Qualifications Based Selection Act).  If the total estimated cost of the work exceeds the amount stipulated by Section 30-30 of the Code, separate specifications shall be prepared for all equipment, labor and materials in connection with the following five subdivisions of work to be performed:

A)        Plumbing.

B)        Heating, piping, refrigeration and automatic temperature control systems, including the testing and balancing of these systems.

C)        Ventilating and distribution systems for conditioned air, including the testing and balancing of those systems.

D)        Electrical wiring.

E)        General contract work.

2)         The specifications shall be drawn so as to permit separate and independent competitive bidding upon each of the above five subdivisions of work.  All contracts awarded for any part of the work shall award the subdivisions separately to responsible and reliable contractors engaged in these classes of work.  These contracts, at the discretion of the State 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 State agency prior to the bidding as the prime subdivision of work, with the provision that all payments will be made directly to the contractors for the five subdivisions upon compliance with the conditions of the contract.  Any contract may be awarded for one or more buildings in any project to the same contractor.  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 all of the buildings included in the specifications.

b)         Request for Payment Form Specified by the State Agency

To bill a State agency for remodeling, renovation or construction work done, the vendor must submit a payment request in the form specified by the State agency.

c)         Periodic Payments

When provided in the contract, periodic payments can be made during the course of the work, upon a certificate of a licensed architect or engineer indicating the proportionate amount of total work completed satisfactorily.

d)         Retained Percentage

When periodic payments are made and if specified in the contract, the State agency shall retain a fixed percentage of the contract price to insure faithful completion of the contract.

e)         Additional Work

No amount of funds, in addition to those provided for in a contract for repairs, maintenance, remodeling, renovation or construction, may be obligated or expended unless the additional work to be performed or materials to be furnished are germane to the original contract.  Even if germane to the original contract, no additional expenditure or obligations may, in their total combined amount, be in excess of the percentages of the original contract amount as provided in Section 30-35(b) of the Code unless they have received the prior written approval of the construction agency.  In the event the total of the combined additional expenditures or obligations exceeds the percentages of the original contract amount set forth in Section 30-35(b) of the Code, the construction agency shall investigate the additional expenditures or obligations in excess of the original contract amount and shall, in writing, approve or disapprove subsequent expenditures or obligations and state in detail the reasons for the approval or disapproval.  Notices of additional expenditures or obligations in excess of the small purchase limit of Section 202-20 of the Code shall be published in the Bulletin.

f)         Improvements to Leased Real Estate

The procedures set forth in this Part shall apply, as appropriate, to contracts for improvements to real estate leased to State agencies.

g)         Construction Manager Services

Procurement of Construction Manager Services, under the jurisdiction of the Capital Development Board (CDB) will be performed by CDB or through delegation from CDB.

(Source:  Amended at 46 Ill. Reg. 10208, effective June 2, 2022)