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Public Act 096-1204
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| SB3206 Enrolled | LRB096 15762 RLJ 31002 b |
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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 |
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 |
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:
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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 |
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 |
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 |
and
independent bidding upon
each of the 5 subdivisions of |
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 |
classes of work. The contracts, at
the discretion of the
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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
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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.
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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 |
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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 |
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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.
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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 |
becoming law.
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