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| Public Act 095-0758 |
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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 | ||||
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 | ||||
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 3 years after the effective date of 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 the effective date of 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 2 years after the effective date of this | ||
amendatory Act of the 93rd General Assembly, the requirements | ||
of this Section do not apply to the construction of an | ||
Emergency Operations Center for the Illinois Emergency | ||
Management Agency if (i) the majority of the funding for the | ||
project is from federal funds, (ii) 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 (iii) 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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Until a date 5 years after the effective date of 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.
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(Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)
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