Bill Text: IL SB1352 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Procurement Code. In a Section requiring building construction contracts to specify the 5 subdivisions of work to be performed, provides that, until a date 5 years (now, 4 years) after January 1, 2009, the requirements do not apply to certain construction projects for which the Capital Development Board is the construction agency and the project budget is at least $5,000,000 (now, $20,000,000). Provides that, with regard to these construction projects, the Capital Development Board may award in each year contracts with an aggregate total value of no more than $200,000,000 (now, $100,000,000). Deletes a sentence providing that, if certain conditions are met, the requirements do not apply to the Capitol Building HVAC upgrade project. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-07-22 - Public Act . . . . . . . . . 97-0182 [SB1352 Detail]

Download: Illinois-2011-SB1352-Chaptered.html

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Public Act 097-0182
SB1352 Enrolled LRB097 08088 PJG 48211 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 30-30 as follows:
(30 ILCS 500/30-30)
Sec. 30-30. Contracts in excess of $250,000. 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. A contract may be let for one or more
buildings in any project to the same contractor. The
specifications shall require, however, that unless the
buildings are identical, a separate price shall be submitted
for each building. The contract may be awarded to the lowest
responsible bidder for each or all of the buildings included in
the specifications.
Until a date 4 years after July 1, 2011 January 1, 2009
(the effective date of Public Act 95-758), the requirements of
this Section do not apply to a construction project for which
the Capital Development Board is the construction agency if:
(i) the project budget is at least $15,000,000 $20,000,000;
(ii) the Capital Development Board has submitted to the
Procurement Policy Board a written request for a public hearing
on waiver of the application of the requirements of this
Section to that project, including its reasons for seeking the
waiver and why the waiver is in the best interest of the State;

(iii) the Capital Development Board has posted notice of the
waiver hearing on its procurement web page and on the online
Procurement Bulletin at least 15 working days before the
hearing; (iv) the Procurement Policy Board, after conducting
the public hearing on the waiver request, reviews and approves
the request in writing before the award of the contract; (v)
the successful low bidder has prequalified with the Capital
Development Board; (vi) the bid of the successful low bidder
identifies 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; and (vii) the contract entered into with the
successful bidder provides that no identified subcontractor
may be terminated without the written consent of the Capital
Development Board. With respect to any construction project
described in this paragraph, the Capital Development Board
shall: (i) provide to the Auditor General an affidavit that the
waiver of the application of the requirements of this Section
is in the best interest of the State; (ii) specify in writing
as a public record that the project shall comply with the
disadvantaged business practices of the Business Enterprise
for Minorities, Females, and Persons with Disabilities Act and
the equal employment practices of Section 2-105 of the Illinois
Human Rights Act; and (iii) report annually to the Governor and
the General Assembly on the bidding, award, and performance. On
and after January 1, 2009 (the effective date of Public Act
95-758), the Capital Development Board may award in each year

contracts with an aggregate total value of no more than
$200,000,000 $100,000,000 with respect to construction
projects described in this paragraph.
Until a date 11 years after November 29, 2005 (the
effective date of Public Act 94-699), the requirements of this
Section do not apply to the Capitol Building HVAC upgrade
project if (i) the bid of the successful bidder identifies 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, and (ii) the contract entered into with the successful
bidder provides that no identified subcontractor may be
terminated without the written consent of the Capital
Development Board.
(Source: P.A. 95-758, eff. 1-1-09; 96-1204, eff. 7-22-10;
96-1486, eff. 12-30-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.