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Public Act 095-0758


 

Public Act 0758 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0758
 
HB2254 Enrolled LRB095 01314 CMK 21316 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 3 years after the effective date of 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 the effective date of 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 2 years after the effective date of this
amendatory Act of the 93rd General Assembly, the requirements
of this Section do not apply to the construction of an
Emergency Operations Center for the Illinois Emergency
Management Agency if (i) the majority of the funding for the
project is from federal funds, (ii) 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 (iii) 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.
    Until a date 5 years after the effective date of 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. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)

Effective Date: 1/1/2009