30 ILCS 500/ Illinois Procurement Code.

(30 ILCS 500/30-43)

Sec. 30-43. (Repealed).

(Source: P.A. 92-11, eff. 6-11-01. Repealed by P.A. 93-632, eff. 2-1-04.)

(30 ILCS 500/30-45)

Sec. 30-45. Other Acts. This Article is subject to applicable provisions of the following Acts:

(1) the Prevailing Wage Act;

(2) the Public Construction Bond Act;

(3) the Public Works Employment Discrimination Act;

(4) the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929);

(5) the Employment of Illinois Workers on Public Works Act;

(6) the Public Contract Fraud Act;

(7) (blank); and

(8) the Project Labor Agreements Act.

(Source: P.A. 101-149, eff. 7-26-19.)

(30 ILCS 500/30-50)

Sec. 30-50. Mobilization payments.

(a) As used in this Section, "mobilization payment" means an advance payment for the preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to a project site and for all other work or operations that must be performed or costs incurred when beginning work on a project.

(b) When a contract under this Code entered into by the Department of Transportation provides for mobilization payments and the contractor is using the services of a subcontractor, the subcontract shall include terms requiring mobilization payments be made to the subcontractor.

Mobilization payments to a subcontractor shall be made on a tiered system based on the initial value of the subcontract:

(c) This Section only applies to contracts entered into by the Department of Transportation.

(Source: P.A. 100-333, eff. 1-1-18.)

(30 ILCS 500/30-55)

Sec. 30-55. Construction contracts involving nonmarket economy countries.

(a) Notwithstanding any provision of law to the contrary, no procurement contract for the construction, alteration, operation, repair, maintenance, or improvement of any mass transit facility, or equipment thereof, in excess of $1,000,000 shall be awarded to or executed with any vendor that receives support from a nonmarket economy country as defined in Section 7781(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)) and was identified by the United States Trade Representative in the most recent report required by Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country, and is subject to monitoring by the United States Trade Representative under Section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

(b) Nothing in this Section is intended to contravene any existing treaties, laws, trade agreements, or regulations of the United States or subsequent trade agreements entered into between any foreign countries and the State or the United States.

(Source: P.A. 102-163, eff. 1-1-22.)

(30 ILCS 500/30-60)

(Section scheduled to be repealed on January 1, 2026)

Sec. 30-60. Change order reports.

(a) During the period described in subsection (b), the Capital Development Board and the Department of Transportation shall each prepare quarterly reports on the status of change order requests concerning price that have been received by either the Board or the Department and that have not been acted upon within 45 days. The reports shall be made available to the public on the Internet websites of the Capital Development Board and the Department of Transportation, and shall also be submitted to the Governor and the General Assembly. The reports shall include as much information as possible, including, but not limited to: (i) the number of change order requests concerning price that have been received by the Board or the Department within the applicable reporting quarter and have not been acted upon within 45 days after their receipt; and (ii) for those change order requests concerning price that are agreed to by the Board or the Department, information on the number of days that passed between the date the change order request was received and the date it was agreed to by the Board or Department.

(b) There shall be 12 quarterly reports in total. The first report shall be published on or before January 15, 2023, and the last report shall be published on or before December 15, 2025.

(c) The reports may include a narrative section that explains any internal improvements made and any plans to reduce the number of contracts with a change order in which an agreement on price is not reached within 45 days after receipt of the change order request.

(d) This Section is repealed on January 1, 2026.

(Source: P.A. 102-721, eff. 1-1-23.)

(30 ILCS 500/30-150)

Sec. 30-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.

(Source: P.A. 93-839, eff. 7-30-04.)

(30 ILCS 500/Art. 33 heading) ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES (Source: P.A. 94-532, eff. 8-10-05.)

(30 ILCS 500/33-5)

Sec. 33-5. Definitions. In this Article:

"Construction management services" includes:

(1) services provided in the planning and pre-construction phases of a construction project including, but not limited to, consulting with, advising, assisting, and making recommendations to the Board and architect, engineer, or licensed land surveyor on all aspects of planning for project construction; reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs; making, reviewing, and refining budget estimates based on the Board's program and other available information; making recommendations to the Board and the architect or engineer regarding the division of work in the plans and specifications to facilitate the bidding and awarding of contracts; soliciting the interest of capable contractors and taking bids on the project; analyzing the bids received; and preparing and maintaining a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and

(2) services provided in the construction phase of the project including, but not limited to, maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project; directing the work as it is being performed for general conformance with working drawings and specifications; establishing procedures for coordinating among the Board, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing those procedures; maintaining job site records and making appropriate progress reports; implementing labor policy in conformance with the requirements of the public owner; reviewing the safety and equal opportunity programs of each contractor for conformance with the public owner's policy and making recommendations; reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract; making recommendations and processing requests for changes in the work and maintaining records of change orders; scheduling and conducting job meetings to ensure orderly progress of the work; developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors and providing periodic status reports to the owner and the architect or engineer; and establishing and maintaining a cost control system and conducting meetings to review costs.

"Construction manager" means any individual, sole proprietorship, firm, partnership, corporation, or other legal entity providing construction management services for the Board and prequalified by the State in accordance with 30 ILCS 500/33-10.

"Board" means the Capital Development Board or, to the extent that the services are to be procured by a public institution of higher education, the public institution of higher education.

(Source: P.A. 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)

(30 ILCS 500/33-10)

Sec. 33-10. Prequalification. The Board shall establish procedures to prequalify firms seeking to provide construction management services or may use prequalification lists from other State agencies to meet the requirements of this Section.

(Source: P.A. 94-532, eff. 8-10-05.)

(30 ILCS 500/33-15)

Sec. 33-15. Public notice. Whenever a project requiring construction management services is proposed for a State agency, the Board shall provide no less than a 14-day advance notice published in the procurement bulletin setting forth the projects and services to be procured. The bulletin shall be available electronically and may be available in print. The bulletin shall include a description of each project and shall state the time and place for interested firms to submit a letter of interest, and, if required by the public notice, a statement of qualifications.

(Source: P.A. 100-701, eff. 8-3-18.)

(30 ILCS 500/33-20)

Sec. 33-20. Evaluation procedure. The Board shall evaluate the construction managers submitting letters of interest and other prequalified construction managers, taking into account qualifications; and the Board may consider, but shall not be limited to considering, ability of personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the construction manager, and any other qualifications-based factors as the Board may determine in writing are applicable. The Board may conduct discussions with and require public presentations by construction managers deemed to be the most qualified regarding their qualifications, approach to the project, and ability to furnish the required services.

The Board shall establish a committee to select construction managers to provide construction management services. A selection committee may include at least one public member. The public member may not be employed or associated with any firm holding a contract with the Board nor may the public member's firm be considered for a contract with that Board while he or she is serving as a public member of the committee.

In no case shall the Board, prior to selecting a construction manager for negotiation under Section 33-30, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

(Source: P.A. 94-532, eff. 8-10-05.)

(30 ILCS 500/33-25)

Sec. 33-25. Selection Procedure. On the basis of evaluations, discussions, and any presentations, the Board shall select no less than 3 firms it determines to be qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The Board shall then contract at a fair and reasonable compensation. If fewer than 3 firms submit letters of interest and the Board determines that one or both of those firms are so qualified, the Board may proceed to negotiate a contract under Section 33-30. The decision of the Board shall be final and binding.

(Source: P.A. 94-532, eff. 8-10-05.)