Public Act 096-1204
 
SB3206 EnrolledLRB096 15762 RLJ 31002 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 30-30 as follows:
 
    (30 ILCS 500/30-30)
    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:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic
    temperature control systems, including the testing and
    balancing of those systems;
        (3) ventilating and distribution systems for
    conditioned air, including the testing and balancing of
    those systems;
        (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 specifications.
    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
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
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.
(Source: P.A. 94-699, eff. 11-29-05; 95-758, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.