Bill Text: IL SB3206 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Procurement Code. In provisions requiring separate bids for subdivisions of work for construction contracts in excess of $250,000, permits the waiver of the requirement during the next 4 years (now, 3 years) for Capital Development Board projects if specified conditions are met. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1204 [SB3206 Detail]
Download: Illinois-2009-SB3206-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 30-30 as follows:
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6 | (30 ILCS 500/30-30)
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7 | Sec. 30-30. Contracts in excess of $250,000. For
building | ||||||
8 | construction contracts in excess of
$250,000, separate | ||||||
9 | specifications shall be prepared for all
equipment, labor, and | ||||||
10 | materials in
connection with the following 5 subdivisions of | ||||||
11 | the work to be
performed:
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12 | (1) plumbing;
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13 | (2) heating, piping, refrigeration, and automatic
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14 | temperature control systems,
including the testing and | ||||||
15 | balancing of those systems;
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16 | (3) ventilating and distribution systems for
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17 | conditioned air, including the testing
and balancing of | ||||||
18 | those systems;
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19 | (4) electric wiring; and
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20 | (5) general contract work.
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21 | The specifications must be so drawn as to permit separate | ||||||
22 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
23 | work. All contracts awarded
for any part thereof shall
award |
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1 | the 5 subdivisions of work separately to responsible and
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2 | reliable persons, firms, or
corporations engaged in these | ||||||
3 | classes of work. The contracts, at
the discretion of the
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4 | construction agency, may be assigned to the successful bidder | ||||||
5 | on
the general contract work or
to the successful bidder on the | ||||||
6 | subdivision of work designated by
the construction agency | ||||||
7 | before
the bidding as the prime subdivision of work, provided | ||||||
8 | that all
payments will be made directly
to the contractors for | ||||||
9 | the 5 subdivisions of work upon compliance
with the conditions | ||||||
10 | of the
contract. A contract may be let for one or more | ||||||
11 | buildings in any
project to the same contractor.
The | ||||||
12 | specifications shall require, however, that unless the
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13 | buildings are identical, a separate price
shall be submitted | ||||||
14 | for each building. The contract may be awarded
to the lowest | ||||||
15 | responsible
bidder for each or all of the buildings included in | ||||||
16 | the
specifications.
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17 | Until a date 4 3 years after January 1, 2009 ( the effective | ||||||
18 | date of Public Act 95-758) this amendatory Act of the 95th | ||||||
19 | General Assembly , the requirements of this Section do not apply | ||||||
20 | to a construction project for which the Capital Development | ||||||
21 | Board is the construction agency if: (i) the project budget is | ||||||
22 | at least $20,000,000; (ii) the Capital Development Board has | ||||||
23 | submitted to the Procurement Policy Board a written request for | ||||||
24 | a public hearing on waiver of the application of the | ||||||
25 | requirements of this Section to that project, including its | ||||||
26 | reasons for seeking the waiver and why the waiver is in the |
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1 | best interest of the State; (iii) the Capital Development Board | ||||||
2 | has posted notice of the waiver hearing on its procurement web | ||||||
3 | page and on the online Procurement Bulletin at least 15 working | ||||||
4 | days before the hearing;
(iv) the Procurement Policy Board, | ||||||
5 | after conducting the public hearing on the waiver request, | ||||||
6 | reviews and approves the request in writing before the award of | ||||||
7 | the contract; (v) the successful low bidder has prequalified | ||||||
8 | with the Capital Development Board; (vi) the bid of the | ||||||
9 | successful low bidder identifies the name of the subcontractor, | ||||||
10 | if any, and the bid proposal costs for each of the 5 | ||||||
11 | subdivisions of work set forth in this Section; and (vii) the | ||||||
12 | contract entered into with the successful bidder provides that | ||||||
13 | no identified subcontractor may be terminated without the | ||||||
14 | written consent of the Capital Development Board.
With respect | ||||||
15 | to any construction project described in this paragraph, the | ||||||
16 | Capital Development Board shall: (i) provide to the Auditor | ||||||
17 | General an affidavit that the waiver of the application of the | ||||||
18 | requirements of this Section is in the best interest of the | ||||||
19 | State; (ii) specify in writing as a public record that the | ||||||
20 | project shall comply with the disadvantaged business practices | ||||||
21 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
22 | with Disabilities Act and the equal employment practices of | ||||||
23 | Section 2-105 of the Illinois Human Rights Act; and (iii) | ||||||
24 | report annually to the Governor and the General Assembly on the | ||||||
25 | bidding, award, and performance. On and after January 1, 2009 | ||||||
26 | ( the effective date of Public Act 95-758) this amendatory Act |
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1 | of the 95th General Assembly , the Capital Development Board may | ||||||
2 | award in each year contracts with an aggregate total value of | ||||||
3 | no more than $100,000,000 with respect to construction projects | ||||||
4 | described in this paragraph. | ||||||
5 | Until a date 5 years after November 29, 2005 ( the effective | ||||||
6 | date of Public Act 94-699) this amendatory Act of the 94th | ||||||
7 | General Assembly , the requirements of this Section do not apply | ||||||
8 | to the Capitol Building HVAC upgrade project if (i) the bid of | ||||||
9 | the successful bidder identifies the name of the subcontractor, | ||||||
10 | if any, and the bid proposal costs for each of the 5 | ||||||
11 | subdivisions of work set forth in this Section, and (ii) the | ||||||
12 | contract entered into with the successful bidder provides that | ||||||
13 | no identified subcontractor may be terminated without the | ||||||
14 | written consent of the Capital Development Board.
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15 | (Source: P.A. 94-699, eff. 11-29-05; 95-758, eff. 1-1-09.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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