HB2377eng 96TH GENERAL ASSEMBLY

HB2377 Engrossed LRB096 08339 RLJ 18448 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Government Construction Contract Bidders Act.

Section 5. Construction contracts; responsible bidder requirements. To be considered a responsible bidder on a construction contract with a unit of local government or school district, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate unit of local government or school district:

(1) The bidder must comply with all applicable laws concerning the bidder's entitlement to conduct business in Illinois.

(2) The bidder must comply with all applicable provisions of the Prevailing Wage Act.

(3) The bidder must comply with Subchapter VI ("Equal Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder must have a valid certificate of insurance showing the following coverages: general liability including product and completed operations liability, professional liability that applies only to design professionals, worker's compensation, and automobile.

(6) The bidder and all bidder's subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

(7) No later than 90 days before a solicitation for bids subject to this Act, the bidder and all bidder's subcontractors must have in place a substance abuse testing program unless a substance abuse testing program is specifically addressed under a collective bargaining agreement.

The provisions of this Section do not apply to federally funded construction projects if that application would jeopardize the receipt or use of federal funds in support of such a project.

Any contractor or subcontractor who does not comply with this Section is subject to (i) a 20% penalty and an additional 2% punitive penalty of the total contract bid, (ii) a 2-year disbarment from bidding on contracts with the applicable unit of local government or school district, or (iii) both (i) and (ii).