Full Text of SB1352 97th General Assembly
SB1352ham001 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 4/26/2011
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| 1 | | AMENDMENT TO SENATE BILL 1352
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1352 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 5 4 years after January 1, 2009 (the effective | 25 | | date of Public Act 95-758), the requirements of this Section do | 26 | | not apply to a construction project for which the Capital |
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| 1 | | Development Board is the construction agency if: (i) the | 2 | | project budget is at least $5,000,000 $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 January 1, 2009 (the effective date of Public Act | 7 | | 95-758), the Capital Development Board may award in each year | 8 | | contracts with an aggregate total value of no more than | 9 | | $200,000,000 $100,000,000 with respect to construction | 10 | | projects described in this paragraph. | 11 | | Until a date 11 years after November 29, 2005 (the | 12 | | effective date of Public Act 94-699), the requirements of this | 13 | | Section do not apply to the Capitol Building HVAC upgrade | 14 | | project if (i) the bid of the successful bidder identifies the | 15 | | name of the subcontractor, if any, and the bid proposal costs | 16 | | for each of the 5 subdivisions of work set forth in this | 17 | | Section, and (ii) the contract entered into with the successful | 18 | | bidder provides that no identified subcontractor may be | 19 | | terminated without the written consent of the Capital | 20 | | Development Board.
| 21 | | (Source: P.A. 95-758, eff. 1-1-09; 96-1204, eff. 7-22-10; | 22 | | 96-1486, eff. 12-30-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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