2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 500/ - Illinois Procurement Code. › Article 30 - Construction and Construction-Related Professional Services

(30 ILCS 500/Art. 30 heading)
ARTICLE 30
CONSTRUCTION AND
CONSTRUCTION-RELATED
PROFESSIONAL SERVICES
(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.)
(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.)
(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.)
(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.)
(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.
(2) The bidder must comply with all applicable     provisions of the Prevailing Wage Act.
(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.
(4) The bidder must have a valid Federal Employer     Identification Number or, if an individual, a valid Social Security Number.
(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.
(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.
(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.
(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.
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.)
(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)
Sec. 30-30. Design-bid-build construction.
(a) Except as provided in subsection (a-5), 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.
Except as provided in subsection (a-5), 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.
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.
Until December 31, 2023, 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. Until December 31, 2023, 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.
For contracts entered into on or after January 1, 2024, the Capital Development Board shall determine whether the single prime procurement delivery method is to be pursued. Before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of the items in paragraphs (1) through (4). The chief procurement officer must review the Capital Development Board's determination and consider the adequacy of information in paragraphs (1) through (4) to determine whether the Capital Development Board may proceed with single prime. Approval by the chief procurement officer shall not be unreasonably withheld. The following factors must be considered by the chief procurement officer in any determination:
(1) The benefit that using the single prime     procurement method will have on the Capital Development Board's ability to increase participation of minority-owned firms, woman-owned firms, firms owned by persons with a disability, and veteran-owned firms.
(2) The likelihood that single prime will be in the     best interest of the State by providing a material savings of time or cost over the multiple prime delivery system. The best interest of the State justification must show the specific benefits of using the single prime method, including documentation of the estimates or scheduling impacts of any of the following: project complexity and trade coordination required, length of project, availability of skilled workforce, geographic area, project timelines, project budget, ability to secure minority, women, persons with disabilities and veteran participation, or other information.
(3) The type and size of the project and its     suitability to the single prime procurement method.
(4) Whether the project will comply with the     underrepresented business and equal employment practices of the State, as established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, Section 45-57 of this Code, and Section 2-105 of the Illinois Human Rights Act.
If the chief procurement officer finds that the Capital Development Board's written determination is insufficient, the Capital Development Board shall have the opportunity to cure its determination. Within 15 days of receiving approval from the chief procurement officer, the Capital Development Board shall provide an advisory copy of the written determination to the Procurement Policy Board and the Commission on Equity and Inclusion. The Capital Development Board must maintain the full record of determination for 5 years.
(a-5) Beginning on the effective date of this amendatory Act of the 102nd General Assembly and through December 31, 2025, for single prime projects in which a public institution of higher education is a construction agency awarding building construction contracts in excess of $250,000, separate specifications may be prepared for all equipment, labor, and materials in connection with the 5 subdivisions of work enumerated in subsection (a). Any public institution of higher education contract awarded for any part thereof may award 2 or more of the 5 subdivisions of work together or separately to responsible and reliable persons, firms, or corporations engaged in these classes of work if: (i) the public institution of higher education has submitted to the Procurement Policy Board and the Commission on Equity and Inclusion a written notice that includes the reasons for using the single prime method and an explanation of why the use of that method is in the best interest of the State and arranges to have the notice posted on the institution's online procurement webpage and its online procurement bulletin at least 3 business days following submission to the Procurement Policy Board and the Commission on Equity and Inclusion; (ii) the successful low bidder has prequalified with the public institution of higher education; (iii) 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 subsection (a); (iv) the contract entered into with the successful bidder provides that no identified subcontractor may be terminated without the written consent of the public institution of higher education; and (v) the successful low bidder has prequalified with the University of Illinois or with the Capital Development Board.
For building construction projects with a total construction cost valued at $20,000,000 or less, public institutions of higher education shall not use the single prime delivery method for more than 50% of the total number of projects bid for each fiscal year. Projects with a total construction cost valued at $20,000,000 or more may be bid using the single prime delivery method at the discretion of the public institution of higher education. With respect to any construction project described in this subsection (a-5), the public institution of higher education shall: (i) specify in writing as a public record that the project shall comply with 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 (ii) report annually to the Governor, General Assembly, Procurement Policy Board, and Auditor General on the bidding, award, and performance of all single prime projects. On and after the effective date of this amendatory Act of the 102nd General Assembly, the public institution of higher education may award in each fiscal year single prime contracts with an aggregate total value of no more than $100,000,000. The Board of Trustees of the University of Illinois may award in each fiscal year single prime contracts with an aggregate total value of not more than $300,000,000.
(b) For public institutions of higher education, the provisions of this subsection are operative on and after January 1, 2026. 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. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
(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)
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)
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)
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)
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 500/30-60)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30-60. Change order reports.
(a) During the period described in subsection (b), the Capital Development Board and the Department of Transportation shall each prepare quarterly reports on the status of change order requests concerning price that have been received by either the Board or the Department and that have not been acted upon within 45 days. The reports shall be made available to the public on the Internet websites of the Capital Development Board and the Department of Transportation, and shall also be submitted to the Governor and the General Assembly. The reports shall include as much information as possible, including, but not limited to: (i) the number of change order requests concerning price that have been received by the Board or the Department within the applicable reporting quarter and have not been acted upon within 45 days after their receipt; and (ii) for those change order requests concerning price that are agreed to by the Board or the Department,  information on the number of  days that passed between the date the change order request was received and the date it was agreed to by the Board or Department.
(b) There shall be 12 quarterly reports in total. The first report shall be published on or before January 15, 2023, and the last report shall be published on or before December 15, 2025.
(c) The reports may include a narrative section that explains any internal improvements made and any plans to reduce the number of contracts with a change order in which an agreement on price is not reached within 45 days after receipt of the change order request.
(d) This Section is repealed on January 1, 2026.
(Source: P.A. 102-721, eff. 1-1-23.)
(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.)