(30 ILCS 500/Art. 30 heading)
ARTICLE 30
CONSTRUCTION AND
CONSTRUCTION-RELATED
PROFESSIONAL SERVICES
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(30 ILCS 500/30-5)
Sec. 30-5.
Applicability.
Construction and
construction-related professional services
shall be procured in accordance with this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-10)
Sec. 30-10.
Authority.
Construction agencies shall have
the authority to procure
construction and construction-related professional services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-15)
Sec. 30-15.
Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsections (b), (c), and (d)
and Sections 20-20, 20-25,
and 20-30,
all State construction contracts shall be procured by
competitive sealed bidding
in accordance with Section 20-10.
(b) Other methods. The Capital Development Board shall establish by rule
construction purchases that may
be made without competitive sealed bidding and the most
competitive alternate method of
source selection that shall be used.
(c) Construction-related professional services. All
construction-related professional
services contracts shall be awarded in accordance with the
provisions of the Architectural,
Engineering, and Land Surveying Qualifications Based Selection Act.
"Professional services"
means those services within the scope of the practice of
architecture, professional engineering,
structural engineering, or registered land surveying, as defined
by the laws of this State.
(d) Correctional facilities. Remodeling and rehabilitation
projects at
correctional facilities under $25,000 funded from the General Revenue Fund
are exempt from the
provisions of this Article. The Department of Corrections may
use inmate labor for
the remodeling or rehabilitation of correctional facilities on
those projects under $25,000 funded
from the General Revenue Fund.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-20)
Sec. 30-20. Prequalification.
(a) The Capital Development Board shall
promulgate rules for the development
of prequalified supplier lists for construction and
construction-related professional services and
the periodic updating of those lists. Construction and
construction-related professional
services contracts over $25,000 may be awarded to any
qualified suppliers.
(b) The Illinois Power Agency shall promulgate rules for the development of prequalified supplier lists for construction and construction-related professional services and the periodic updating of those lists. Construction and construction related professional services contracts over $25,000 may be awarded to any qualified suppliers, pursuant to a competitive bidding process.
(Source: P.A. 95-481, eff. 8-28-07.)
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(30 ILCS 500/30-22)
Sec. 30-22. Construction contracts; responsible bidder requirements. To
be
considered a responsible bidder on a construction contract for purposes of this
Code, a
bidder must comply with all of the following requirements and must present
satisfactory
evidence of that compliance to the appropriate construction agency:
(1) The bidder must comply with all applicable laws
| | concerning the bidder's entitlement to conduct business in Illinois.
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(2) The bidder must comply with all applicable
| | provisions of the Prevailing Wage Act.
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(3) The bidder must comply with Subchapter VI ("Equal
| | Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.
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(4) The bidder must have a valid Federal Employer
| | Identification Number or, if an individual, a valid Social Security Number.
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(5) The bidder must have a valid certificate of
| | insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.
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(6) The bidder and all bidder's subcontractors must
| | participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.
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(7) For contracts with the Illinois Power Agency, the
| | Director of the Illinois Power Agency may establish additional requirements for responsible bidders. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
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| (8) The bidder must certify that the bidder will
| | maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract.
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| The provisions of this Section shall not apply to federally funded
construction projects if such application would jeopardize the receipt or use
of federal funds in support of such a project.
(Source: P.A. 97-369, eff. 8-15-11; 98-1076, eff. 1-1-15.)
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(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;
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(3) the termination of the trust agreement upon
| | completion of the contract; and
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(4) the contractor shall be responsible for obtaining
| | the written consent of the bank trustee and for any costs or service fees.
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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.)
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(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;
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(3) ventilating and distribution systems for
| | conditioned air, including the testing and balancing of those systems;
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(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.
Until a date 4 years after July 1, 2011, 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; (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 calendar 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 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. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15.)
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(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.)
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(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.)
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(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);
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(5) the Employment of Illinois Workers on Public
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(6) the Public Contract Fraud Act;
(7) the Illinois Construction Evaluation Act; and
(8) the Project Labor Agreements Act.
(Source: P.A. 97-199, eff. 7-27-11; 97-333, eff. 8-12-11.)
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(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.)
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