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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 
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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 
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construction contracts in excess of
 $250,000, separate 
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specifications shall be prepared for all
equipment, labor, and 
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materials in
connection with the following 5 subdivisions of 
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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 
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    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 
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    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 
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and
independent bidding upon
each of the 5 subdivisions of 
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work.  All contracts awarded
for any part thereof shall
award 
 


 






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the 5 subdivisions of work separately to responsible and

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reliable persons, firms, or
corporations engaged in these 
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classes of work.  The contracts, at
the discretion of the

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construction agency, may be assigned to the successful bidder 
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on
the general contract work or
to the successful bidder on the 
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subdivision of work designated by
the construction agency 
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before
the bidding as the prime subdivision of work, provided 
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that all
payments will be made directly
to the contractors for 
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the 5 subdivisions of work upon compliance
with the conditions 
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of the
contract.  A contract may be let for one or more 
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buildings in any
project to the same contractor.
The 
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specifications shall require, however, that unless the

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buildings are identical, a separate price
shall be submitted 
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for each building.  The contract may be awarded
to the lowest 
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responsible
bidder for each or all of the buildings included in 
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the
specifications.

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    Until a date 4 3 years after January 1, 2009 (the effective 
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date of Public Act 95-758) this amendatory Act of the 95th 
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General Assembly, the requirements of this Section do not apply 
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to a construction project for which the Capital Development 
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Board is the construction agency if: (i) the project budget is 
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at least $20,000,000; (ii) the Capital Development Board has 
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submitted to the Procurement Policy Board a written request for 
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a public hearing on waiver of the application of the 
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requirements of this Section to that  project, including its 
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reasons for seeking the   waiver and why the waiver is in the 
 


 






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best interest of the State; (iii) the Capital Development Board 
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has posted notice of the waiver hearing on its procurement web 
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page and on the online Procurement Bulletin at least 15 working 
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days before the hearing;


(iv) the Procurement Policy Board, 
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after conducting the public hearing on the waiver request, 
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reviews and approves the request in writing before the award of 
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the contract; (v) the successful low bidder has prequalified 
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with the Capital Development Board; (vi) the bid of the 
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successful low bidder identifies the name of the subcontractor, 
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if any, and the bid proposal costs for each of the 5 
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subdivisions of work set forth in this Section; and (vii) the 
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contract entered into with the successful bidder provides that 
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no identified subcontractor may be terminated without the 
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written consent of the Capital Development Board.
With respect 
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to any construction project described in this paragraph, the 
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Capital Development Board shall: (i) provide to the Auditor 
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General an affidavit that the waiver of the application of the 
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requirements of this Section is in the best interest of the 
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State; (ii) specify in writing as a public record that the 
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project shall comply with the disadvantaged business practices 
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of the Business Enterprise for Minorities, Females, and Persons 
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with Disabilities Act and the equal employment practices of 
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Section 2-105 of the Illinois Human Rights Act; and (iii) 
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report annually to the Governor and the General Assembly on the 
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bidding, award, and performance. On and after January 1, 2009 
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(the effective date of Public Act 95-758) this amendatory Act 
 


 






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of the 95th General Assembly, the Capital Development Board may 
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award in each year contracts with an aggregate total value of 
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no more than $100,000,000 with respect to construction projects 
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described in this paragraph.
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    Until a date 5 years after November 29, 2005 (the effective 
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date of Public Act 94-699) this amendatory Act of the 94th 
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General Assembly, the requirements of this Section do not apply 
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to the Capitol Building HVAC upgrade project if (i) the bid of 
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the successful bidder identifies the name of the subcontractor, 
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if any, and the bid proposal costs for each of the 5 
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subdivisions of work set forth in this Section, and (ii) the 
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contract entered into with the successful bidder provides that 
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no identified subcontractor may be terminated without the 
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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 
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becoming law.