103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2393

 

Introduced 2/15/2023, by Rep. Eva-Dina Delgado

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/30-65 new

    Amends the Illinois Procurement Code. Provides that, within 45 days after the date that a written request for a change order is submitted by a contractor to a State agency or within 45 days after the date that authorization for extra work is issued by a State agency to a contractor, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 30 days are necessary to make a determination. Provides that if an additional 30 days is requested, then, after the 30 additional days have elapsed, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 15 days are necessary to make a determination. Provides that if an additional 15 days is requested, then, after every 15 additional days that elapse, as necessary, the State agency shall perform one of the specified actions. Provides that the State agency shall report quarterly on its website the total number of times the State agency requested additional time to make a determination and the total number of times the State agency requested additional time for such determination for each contract. Effective immediately.


LRB103 25428 DTM 51776 b

 

 

A BILL FOR

 

HB2393LRB103 25428 DTM 51776 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 30-65 as follows:
 
6    (30 ILCS 500/30-65 new)
7    Sec. 30-65. Request for change orders.
8    (a) Within 45 days after the date that a written request
9for a change order is submitted by a contractor to a State
10agency or within 45 days after the date that authorization for
11extra work is issued by a State agency to a contractor, the
12State agency shall: (i) issue the change order with an
13agreement on price; (ii) agree on price for the authorization
14for extra work; (iii) counter on price in writing; (iv) give
15written notice to the contractor of the reasons why the change
16order is unreasonable; (v) accept a partial agreement on price
17on some of the terms of the change order or extra work; or (vi)
18explain in writing that an additional 30 days are necessary to
19make a determination.
20    (b) If an additional 30 days is requested under subsection
21(a), then, after the 30 additional days have elapsed, the
22State agency shall: (i) issue the change order with an
23agreement on price; (ii) agree on price for the authorization

 

 

HB2393- 2 -LRB103 25428 DTM 51776 b

1for extra work; (iii) counter on price in writing; (iv) give
2written notice to the contractor of the reasons why the change
3order is unreasonable; (v) accept a partial agreement on price
4on some of the terms of the change order or extra work; or (vi)
5explain in writing that an additional 15 days are necessary to
6make a determination. If an additional 15 days is requested
7under this subsection (b), then, after every 15 additional
8days that elapse, as necessary, the State agency shall perform
9one of the actions specified in items (i) through (vi) of this
10subsection (b).
11    (c) The State agency shall report quarterly on its website
12the total number of times the State agency requested
13additional time to make a determination under this Section and
14the total number of times the State agency requested
15additional time for such determination for each contract.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.