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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 500/30-25

    (30 ILCS 500/30-25)
    Sec. 30-25. Retention of a percentage of contract price. Whenever any contract entered into by a construction agency for the repair, remodeling, renovation, or construction of a building or structure, for the construction or maintenance of a highway, as those terms are defined in Article 2 of the Illinois Highway Code, for the construction or maintenance of facilities as that term is defined under Section 1-10 of the Illinois Power Agency Act, or for the reclamation of abandoned lands as those terms are defined in Article I of the Abandoned Mined Lands and Water Reclamation Act provides for the retention of a percentage of the contract price until final completion and acceptance of the work, upon the request of the contractor and with the approval of the construction agency the amount so retained may be deposited under a trust agreement with an Illinois bank or financial institution of the contractor's choice and subject to the approval of the construction agency. The contractor shall receive any interest on the deposited amount. Upon application by the contractor, the trust agreement must contain, at a minimum, the following provisions:
        (1) the amount to be deposited subject to the trust;
        (2) the terms and conditions of payment in case of
    
default by the contractor;
        (3) the termination of the trust agreement upon
    
completion of the contract; and
        (4) the contractor shall be responsible for obtaining
    
the written consent of the bank trustee and for any costs or service fees.
    The trust agreement may, at the discretion of the construction agency and upon request of the contractor, become effective at the time of the first partial payment in accordance with existing statutes and rules.
(Source: P.A. 95-481, eff. 8-28-07.)

30 ILCS 500/30-30

    (30 ILCS 500/30-30)
    Sec. 30-30. Design-bid-build construction.
    (a) The provisions of this subsection are operative through December 31, 2021.
    For building construction contracts in excess of $250,000, separate specifications may be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic
    
temperature control systems, including the testing and balancing of those systems;
        (3) ventilating and distribution systems for
    
conditioned air, including the testing and balancing of those systems;
        (4) electric wiring; and
        (5) general contract work.
    The specifications may be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work. All contracts awarded for any part thereof may award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work. The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract.
    Beginning on the effective date of this amendatory Act of the 101st General Assembly and through December 31, 2020, for single prime projects: (i) the bid of the successful low bidder shall identify the name of the subcontractor, if any, and the bid proposal costs for each of the 5 subdivisions of work set forth in this Section; (ii) the contract entered into with the successful bidder shall provide that no identified subcontractor may be terminated without the written consent of the Capital Development Board; (iii) the contract shall comply with the disadvantaged business practices of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act; and (iv) the Capital Development Board shall submit an annual report to the General Assembly and Governor on the bidding, award, and performance of all single prime projects.
    For building construction projects with a total construction cost valued at $5,000,000 or less, the Capital Development Board shall not use the single prime procurement delivery method for more than 50% of the total number of projects bid for each fiscal year. Any project with a total construction cost valued greater than $5,000,000 may be bid using single prime at the discretion of the Executive Director of the Capital Development Board.
    (b) The provisions of this subsection are operative on and after January 1, 2022. For building construction contracts in excess of $250,000, separate specifications shall be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic
    
temperature control systems, including the testing and balancing of those systems;
        (3) ventilating and distribution systems for
    
conditioned air, including the testing and balancing of those systems;
        (4) electric wiring; and
        (5) general contract work.
    The specifications must be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work. All contracts awarded for any part thereof shall award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work. The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract.
(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)

30 ILCS 500/30-35

    (30 ILCS 500/30-35)
    Sec. 30-35. Expenditure in excess of contract price.
    (a) Germaneness. No funds in excess of the contract price may be obligated or expended unless the additional work to be performed or materials to be furnished is germane to the original contract. Even if germane to the original contract, no additional expenditures or obligations may, in their total combined amounts, be in excess of the percentages of the original contract amount set forth in subsection (b) unless they have received the prior written approval of the construction agency. In the event that the total of the combined additional expenditures or obligations exceeds the percentages of the original contract amount set forth in subsection (b), the construction agency shall investigate all the additional expenditures or obligations in excess of the original contract amount and shall in writing approve or disapprove subsequent expenditures or obligations and state in detail the reasons for the approval or disapproval.
    (b) Written determination required. When the contract amount is no more than $75,000, the percentage shall be 9% (maximum $6,750). When the contract amount is between $75,001 and $200,000, the percentage shall be 7% of the amount above $75,000 plus $6,750, but not to exceed 7% of $200,000 (maximum $14,000). When the contract amount is between $200,001 and $500,000, the percentage shall be 5% of the amount above $200,000 plus $14,000, but not to exceed 5% of $500,000 (maximum $25,000). When the contract amount is in excess of $500,000, the percentage shall be 3% of the amount above $500,000 plus $25,000.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

30 ILCS 500/30-43

    (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

    (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

    (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:
Subcontract value Mobilization percentage
Less than $10,000 25%
$10,000-$19,999 20%
$20,000-$39,999 18%
$40,000-$59,999 16%
$60,000-$79,999 14%
$80,000-$99,999 12%
$100,000-$249,999 10%
$250,000-$499,999 9%
$500,000-$750,000 8%
Over $750,000 7%
    (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

    (30 ILCS 500/30-55)
    (This Section may contain text from a Public Act with a delayed effective date)
    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 500/30-150

    (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

 
    (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

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

30 ILCS 500/33-10

    (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

    (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

    (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.)