(4) electric wiring; and
(5) general contract work.
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 the 5 subdivisions of work separately to responsible and
reliable persons, firms, or
corporations engaged in these classes of work. The contracts, at
the discretion of the
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
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
Until a date 4 years after July 1, 2011, 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 $15,000,000; (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 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), the Capital Development Board may award in each year contracts with an aggregate total value of no more than $200,000,000 with respect to construction projects described in this paragraph.
Until a date 11 years after November 29, 2005 (the effective date of Public Act 94-699), 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.
(Source: P.A. 96-1204, eff. 7-22-10; 96-1486, eff. 12-30-10; 97-182, eff. 7-22-11.)