Public Act 096-1204
 
SB3206 EnrolledLRB096 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.