97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1352

 

Introduced 2/8/2011, by Sen. Jeffrey M. Schoenberg

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/30-30

    Amends the Illinois Procurement Code. In a Section setting out specification requirements for building construction contracts, provides that, until a date 5 years (now, 4 years) after January 1, 2009, the requirements do not apply to certain construction projects for which the Capital Development Board is the construction agency and the project budget is at least $5,000,000 (now, $20,000,000). Provides that, with regard to these construction projects, the Capital Development Board may award in each year contracts with an aggregate total value of no more than $200,000,000 (now, $100,000,000). Deletes a sentence providing that, if certain conditions are met, the requirements do not apply to the Capitol Building HVAC upgrade project. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1352LRB097 08088 PJG 48211 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
5changing Section 30-30 as follows:
 
6    (30 ILCS 500/30-30)
7    Sec. 30-30. Contracts in excess of $250,000. For building
8construction contracts in excess of $250,000, separate
9specifications shall be prepared for all equipment, labor, and
10materials in connection with the following 5 subdivisions of
11the work to be performed:
12        (1) plumbing;
13        (2) heating, piping, refrigeration, and automatic
14    temperature control systems, including the testing and
15    balancing of those systems;
16        (3) ventilating and distribution systems for
17    conditioned air, including the testing and balancing of
18    those systems;
19        (4) electric wiring; and
20        (5) general contract work.
21    The specifications must be so drawn as to permit separate
22and independent bidding upon each of the 5 subdivisions of
23work. All contracts awarded for any part thereof shall award

 

 

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1the 5 subdivisions of work separately to responsible and
2reliable persons, firms, or corporations engaged in these
3classes of work. The contracts, at the discretion of the
4construction agency, may be assigned to the successful bidder
5on the general contract work or to the successful bidder on the
6subdivision of work designated by the construction agency
7before the bidding as the prime subdivision of work, provided
8that all payments will be made directly to the contractors for
9the 5 subdivisions of work upon compliance with the conditions
10of the contract. A contract may be let for one or more
11buildings in any project to the same contractor. The
12specifications shall require, however, that unless the
13buildings are identical, a separate price shall be submitted
14for each building. The contract may be awarded to the lowest
15responsible bidder for each or all of the buildings included in
16the specifications.
17    Until a date 5 4 years after January 1, 2009 (the effective
18date of Public Act 95-758), the requirements of this Section do
19not apply to a construction project for which the Capital
20Development Board is the construction agency if: (i) the
21project budget is at least $5,000,000 $20,000,000; (ii) the
22Capital Development Board has submitted to the Procurement
23Policy Board a written request for a public hearing on waiver
24of the application of the requirements of this Section to that
25project, including its reasons for seeking the waiver and why
26the waiver is in the best interest of the State; (iii) the

 

 

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1Capital Development Board has posted notice of the waiver
2hearing on its procurement web page and on the online
3Procurement Bulletin at least 15 working days before the
4hearing; (iv) the Procurement Policy Board, after conducting
5the public hearing on the waiver request, reviews and approves
6the request in writing before the award of the contract; (v)
7the successful low bidder has prequalified with the Capital
8Development Board; (vi) the bid of the successful low bidder
9identifies the name of the subcontractor, if any, and the bid
10proposal costs for each of the 5 subdivisions of work set forth
11in this Section; and (vii) the contract entered into with the
12successful bidder provides that no identified subcontractor
13may be terminated without the written consent of the Capital
14Development Board. With respect to any construction project
15described in this paragraph, the Capital Development Board
16shall: (i) provide to the Auditor General an affidavit that the
17waiver of the application of the requirements of this Section
18is in the best interest of the State; (ii) specify in writing
19as a public record that the project shall comply with the
20disadvantaged business practices of the Business Enterprise
21for Minorities, Females, and Persons with Disabilities Act and
22the equal employment practices of Section 2-105 of the Illinois
23Human Rights Act; and (iii) report annually to the Governor and
24the General Assembly on the bidding, award, and performance. On
25and after January 1, 2009 (the effective date of Public Act
2695-758), the Capital Development Board may award in each year

 

 

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1contracts with an aggregate total value of no more than
2$200,000,000 $100,000,000 with respect to construction
3projects described in this paragraph.
4    Until a date 11 years after November 29, 2005 (the
5effective date of Public Act 94-699), the requirements of this
6Section do not apply to the Capitol Building HVAC upgrade
7project if (i) the bid of the successful bidder identifies the
8name of the subcontractor, if any, and the bid proposal costs
9for each of the 5 subdivisions of work set forth in this
10Section, and (ii) the contract entered into with the successful
11bidder provides that no identified subcontractor may be
12terminated without the written consent of the Capital
13Development Board.
14(Source: P.A. 95-758, eff. 1-1-09; 96-1204, eff. 7-22-10;
1596-1486, eff. 12-30-10.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.