|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3206
Introduced 2/9/2010, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED:
|
|
|
Amends the Illinois Procurement Code. In a Section 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.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB3206 |
|
LRB096 15762 RLJ 31002 b |
|
|
1 |
| AN ACT concerning State government.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Procurement Code is amended by |
5 |
| changing Section 30-30 as follows:
|
6 |
| (30 ILCS 500/30-30)
|
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:
|
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 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 |
|
|
|
SB3206 |
- 2 - |
LRB096 15762 RLJ 31002 b |
|
|
1 |
| the 5 subdivisions of work separately to responsible and
|
2 |
| reliable persons, firms, or
corporations engaged in these |
3 |
| classes of work. The contracts, at
the discretion of the
|
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
|
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.
|
17 |
| Until a date 4 3 years after January 1, 2010 ( 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 |
|
|
|
SB3206 |
- 3 - |
LRB096 15762 RLJ 31002 b |
|
|
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, 2010 |
26 |
| ( the effective date of Public Act 95-758) this amendatory Act |
|
|
|
SB3206 |
- 4 - |
LRB096 15762 RLJ 31002 b |
|
|
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.
|
15 |
| (Source: P.A. 94-699, eff. 11-29-05; 95-758, eff. 1-1-09.)
|
16 |
| Section 99. Effective date. This Act takes effect upon |
17 |
| becoming law.
|