HB3497 EngrossedLRB099 10663 JWD 30912 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 may shall be prepared for all equipment, labor,
10and materials in connection with the following 5 subdivisions
11of the 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 may must be so drawn as to permit
22separate and independent bidding upon each of the 5
23subdivisions of work. All contracts awarded for any part

 

 

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1thereof may shall award the 5 subdivisions of work separately
2to responsible and reliable persons, firms, or corporations
3engaged in these classes of work. The contracts, at the
4discretion of the construction agency, may be assigned to the
5successful bidder on the general contract work or to the
6successful bidder on the subdivision of work designated by the
7construction agency before the bidding as the prime subdivision
8of work, provided that all payments will be made directly to
9the contractors for the 5 subdivisions of work upon compliance
10with the conditions of the contract.
11    For single prime projects: (i) the bid of the successful
12low bidder shall identify the name of the subcontractor, if
13any, and the bid proposal costs for each of the 5 subdivisions
14of work set forth in this Section; and (ii) the contract
15entered into with the successful bidder shall provide that no
16identified subcontractor may be terminated without the written
17consent of the Capital Development Board.
18    Until a date 4 years after July 1, 2011, the requirements
19of this Section do not apply to a construction project for
20which the Capital Development Board is the construction agency
21if: (i) the project budget is at least $15,000,000; (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 calendar 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 with respect to construction projects described
3in 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. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13;
1598-1076, eff. 1-1-15.)
 
16    Section 95. Repeal date. This Act is repealed on December
1731, 2020.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.