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| Public Act 096-1204 | ||||
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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 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.
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(Source: P.A. 94-699, eff. 11-29-05; 95-758, eff. 1-1-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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