Rep. Gary Hannig

Filed: 4/26/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2254

2     AMENDMENT NO. ______. Amend House Bill 2254 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Procurement Code is amended by
5 changing Section 30-30 as follows:
 
6     (30 ILCS 500/30-30)
7     Sec. 30-30. Contracts in excess of $250,000. For building
8 construction contracts in excess of $250,000, separate
9 specifications shall be prepared for all equipment, labor, and
10 materials in connection with the following 5 subdivisions of
11 the work to be performed:
12         (1) plumbing;
13         (2) heating, piping, refrigeration, and automatic
14     temperature control systems, including the testing and
15     balancing of those systems;
16         (3) ventilating and distribution systems for

 

 

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1     conditioned air, including the testing and balancing of
2     those systems;
3         (4) electric wiring; and
4         (5) general contract work.
5     The specifications must be so drawn as to permit separate
6 and independent bidding upon each of the 5 subdivisions of
7 work. All contracts awarded for any part thereof shall award
8 the 5 subdivisions of work separately to responsible and
9 reliable persons, firms, or corporations engaged in these
10 classes of work. The contracts, at the discretion of the
11 construction agency, may be assigned to the successful bidder
12 on the general contract work or to the successful bidder on the
13 subdivision of work designated by the construction agency
14 before the bidding as the prime subdivision of work, provided
15 that all payments will be made directly to the contractors for
16 the 5 subdivisions of work upon compliance with the conditions
17 of the contract. A contract may be let for one or more
18 buildings in any project to the same contractor. The
19 specifications shall require, however, that unless the
20 buildings are identical, a separate price shall be submitted
21 for each building. The contract may be awarded to the lowest
22 responsible bidder for each or all of the buildings included in
23 the specifications.
24     Until a date 3 years after the effective date of this
25 amendatory Act of the 95th General Assembly, the requirements
26 of this Section do not apply to a construction project for

 

 

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1 which the Capital Development Board is the construction agency
2 if: (i) the project budget is at least $20,000,000; (ii) the
3 Capital Development Board has submitted to the Procurement
4 Policy Board a written request for a public hearing on waiver
5 of the application of the requirements of this Section to that
6 project, including its reasons for seeking the waiver and why
7 the waiver is in the best interest of the State; (iii) the
8 Capital Development Board has posted notice of the waiver
9 hearing on its procurement web page and on the online
10 Procurement Bulletin at least 15 working days before the
11 hearing; (iv) the Procurement Policy Board, after conducting
12 the public hearing on the waiver request, reviews and approves
13 the request in writing before the award of the contract; (v)
14 the successful low bidder has prequalified with the Capital
15 Development Board; (vi) the bid of the successful low bidder
16 identifies the name of the subcontractor, if any, and the bid
17 proposal costs for each of the 5 subdivisions of work set forth
18 in this Section; and (vii) the contract entered into with the
19 successful bidder provides that no identified subcontractor
20 may be terminated without the written consent of the Capital
21 Development Board. With respect to any construction project
22 described in this paragraph, the Capital Development Board
23 shall: (i) provide to the Auditor General an affidavit that the
24 waiver of the application of the requirements of this Section
25 is in the best interest of the State; (ii) specify in writing
26 as a public record that the project shall comply with the

 

 

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1 disadvantaged business practices of the Business Enterprise
2 for Minorities, Females, and Persons with Disabilities Act and
3 the equal employment practices of Section 2-105 of the Illinois
4 Human Rights Act; and (iii) report annually to the Governor and
5 the General Assembly on the bidding, award, and performance. On
6 and after the effective date of this amendatory Act of the 95th
7 General Assembly, the Capital Development Board may award in
8 each year contracts with an aggregate total value of no more
9 than $100,000,000 with respect to construction projects
10 described in this paragraph.
11     Until a date 2 years after the effective date of this
12 amendatory Act of the 93rd General Assembly, the requirements
13 of this Section do not apply to the construction of an
14 Emergency Operations Center for the Illinois Emergency
15 Management Agency if (i) the majority of the funding for the
16 project is from federal funds, (ii) the bid of the successful
17 bidder identifies the name of the subcontractor, if any, and
18 the bid proposal costs for each of the 5 subdivisions of work
19 set forth in this Section, and (iii) the contract entered into
20 with the successful bidder provides that no identified
21 subcontractor may be terminated without the written consent of
22 the Capital Development Board.
23     Until a date 5 years after the effective date of this
24 amendatory Act of the 94th General Assembly, the requirements
25 of this Section do not apply to the Capitol Building HVAC
26 upgrade project if (i) the bid of the successful bidder

 

 

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1 identifies the name of the subcontractor, if any, and the bid
2 proposal costs for each of the 5 subdivisions of work set forth
3 in this Section, and (ii) the contract entered into with the
4 successful bidder provides that no identified subcontractor
5 may be terminated without the written consent of the Capital
6 Development Board.
7 (Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)".