| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/33-25 (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.) |
30 ILCS 500/33-30 (30 ILCS 500/33-30)
Sec. 33-30. Contract Negotiation.
(a) The Board shall prepare a written description of the
scope of the proposed services to be used as a basis for negotiations
and shall negotiate a contract with the highest ranked construction
management firm at compensation that the Board determines in
writing to be fair and reasonable. In making this decision, the Board shall take into account the estimated value, scope, complexity,
and nature of the services to be rendered. In no case may the Board establish a payment formula designed to eliminate firms from
contention or restrict competition or negotiation of fees.
(b) If the Board is unable to negotiate a satisfactory
contract with the firm that is highest ranked, negotiations with that
firm shall be terminated. The Board shall then begin
negotiations with the firm that is next highest ranked. If the Board is unable to negotiate a satisfactory contract with that
firm, negotiations with that firm shall be terminated. The Board shall then begin negotiations with the firm that is next highest
ranked.
(c) If the Board is unable to negotiate a satisfactory
contract with any of the selected firms, the Board shall
re-evaluate the construction management services requested, including the
estimated value, scope, complexity, and fee requirements. The Board shall then compile a list of not less than 3 prequalified firms
and proceed in accordance with the provisions of this Act.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-35 (30 ILCS 500/33-35)
Sec. 33-35. Small Contracts. The provisions of Sections 33-20, 33-25,
and 33-30 do not apply to construction management contracts of less than
$25,000.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-40 (30 ILCS 500/33-40)
Sec. 33-40. Emergency services. Sections 33-20, 33-25, and 33-30 do not
apply in the procurement of construction management services by the Board (i) when the Board determines in writing that it is in the
best interest of the State to proceed with the immediate selection of a
firm or (ii) in emergencies when immediate services are necessary to
protect the public health and safety, including, but not limited
to, earthquake, tornado, storm, or natural or man-made disaster.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-45 (30 ILCS 500/33-45)
Sec. 33-45. Firm performance evaluation. The Board shall
evaluate the performance of each firm upon completion of a contract.
That evaluation shall be made available to the firm and the firm may submit a
written response, with the evaluation and response retained solely by
the Board. The evaluation and response shall not be made available to
any other person or firm and is exempt from disclosure under the
Freedom of Information Act. The evaluation shall be based on the terms
identified in the construction manager's contract.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-50 (30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board to
furnish his or her skill and judgment in cooperation with, and reliance
upon, the services of the project architect or engineer. The
construction manager must furnish business administration, management
of the construction process, and other specified services to the Board and must perform his or her obligations in an expeditious and
economical manner consistent with the interest of the Board. If
it is in the State's best interest, the construction manager may
provide or perform basic services for which reimbursement is provided
in the general conditions to the construction management services
contract.
(b) The actual construction work on the project must be awarded to
contractors under this Code. The Board may further separate additional divisions of work under this Article. This subsection is
subject to the 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
| |
(6) the Public Contract Fraud Act;
(7) (blank); and
(8) the Illinois Architecture Practice Act of 1989,
| | the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, and the Structural Engineering Practice Act of 1989.
|
|
(Source: P.A. 101-149, eff. 7-26-19; 102-1119, eff. 1-23-23.)
|
30 ILCS 500/33-55 (30 ILCS 500/33-55)
Sec. 33-55. Prohibited conduct. No construction management services
contract may be awarded by the Board on a negotiated basis as provided in
this Article if the construction manager or an entity that controls, is
controlled
by, or shares common ownership or control with the construction manager (i)
guarantees, warrants, or otherwise assumes financial responsibility for the
work of others on the project; (ii) provides the Board with a guaranteed
maximum price for the work of others on the project; or (iii) furnishes or
guarantees a performance or payment bond for other contractors on the project.
In any such case, the contract for construction management services must be let
by competitive bidding as in the case of contracts for construction work.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/Art. 35
(30 ILCS 500/Art. 35 heading)
ARTICLE 35
PROCUREMENT OF PROFESSIONAL
AND ARTISTIC SERVICES
|
30 ILCS 500/35-5
(30 ILCS 500/35-5)
Sec. 35-5.
Application.
All professional and artistic services shall be
procured in
accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
30 ILCS 500/35-10
(30 ILCS 500/35-10)
Sec. 35-10.
Authority.
Each State purchasing officer, under the
supervision of his or her
respective chief procurement officer, has the authority to select, according to
the provisions of this Article, his or her own professional and artistic
services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
|
|
|