Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT
Subpart L - CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES
Section 4.3005 - Construction and Construction Related Professional Services
Universal Citation: 44 IL Admin Code ยง 4.3005
Current through Register Vol. 48, No. 38, September 20, 2024
a) General Procedures
1)
Each contract for the
construction, reconstruction, alteration, repair, improvement or maintenance of
public works made by a public university shall contain a
provision that steel products used or supplied in the performance of the
contract or any subcontract thereto shall be manufactured or produced in the
United States in accordance with the Steel Products Procurement Act [
30 ILCS 565 ]. For example, a finished supply item that contains a steel
component, such as an HVAC system, is not considered a steel product and would
not be subject to the Act, but a steel I-beam would be subject to the Act.
This Section does not apply:
A)
When the contract involves an
expenditure of less than $500.
B)
When theuniversity
president certifies in writing that:
i)
the specified products are not
manufactured or produced in the United States in sufficient quantities to meet
the university's requirements;
ii)
cannot be manufactured or
produced in the United States within the necessary time in sufficient
quantities to meet the university's requirements; or
iii)
obtaining the specified products
manufactured or produced in the United States would increase the cost of the
contract by more than 10%.
C)
When its application is not in the
public interest.[
30 ILCS
565/4]
2) In the case of contracts for construction
of buildings or for other construction work in or about buildings or grounds
where the entire estimated cost of the work exceeds the amount stipulated by
Section 20-20 of the Code, prospective contractors, as well as architects and
engineers employed in connection with those projects may be prequalified to
determine their responsibility (for architects, engineers and land surveyors,
see the Architectural, Engineering and Land Surveying Qualifications Based
Selection Act [ 30 ILCS 535 ]).
3)
Estimated Cost of Work
A) If the total
estimated cost of the work exceeds the amount stipulated by Section 30-30 of
the Code, separate specifications shall be prepared for all equipment, labor
and materials in connection with, at a minimum, the following five subdivisions
of work:
i) Plumbing.
ii) Heating, piping, refrigeration and
automatic temperature control systems, including the testing and balancing of
those systems.
iii) Ventilating and
distribution systems for conditioned air, including the testing and balancing
of those systems.
iv) Electrical
wiring.
v) General contract
work.
B) However, if the
estimated value of the construction work exceeds $250,000 and the estimate for
an individual division is less than the current small purchase limit for
construction, that division's work may be combined with another division, or
procured separately under the Small Purchase procedure of Section
4.2020.
4) The specifications shall be
drawn so as to permit separate and independent competitive bidding upon each of
the above five subdivisions of work. All contracts awarded for any part of the
work shall award the five subdivisions separately to responsible and reliable
contractors engaged in these classes of work. The contracts, at the discretion
of the university, 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 university prior to bidding as the prime subdivision of work, with the
provision that all payments will be made directly to the contractors for the
five subdivisions upon compliance with the conditions of the contract. Any
contract may be awarded for one or more buildings in any project to the same
contractor. 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 all of the
buildings included in the specifications.
b) Request for Payment Form Specified by the University
To bill the university for construction work done, the vendor must submit a payment request in the form specified by the university.
c) Periodic Payments
When provided in the contract, periodic payments can be made during the course of the work, provided a licensed architect or engineer issues a certificate indicating the proportionate amount of the total work has been completed satisfactorily.
d) Retained Percentage
When periodic payments are made and if specified in the contract, the university shall retain a fixed percentage of the contract price to insure faithful completion of the contract.
e) Additional Work
1) No amount of funds, in addition to those
provided for in a construction contract, may be obligated or expended unless
the additional work to be performed or materials to be furnished are germane to
the original contract.
2) Even if
germane to the original contract, no additional expenditures or obligations
may, in their total combined amount, be in excess of the percentage of the
original contract amount as provided in Section 30-35(b) of the Code unless
they have received the prior written approval of the university construction
agency.
3) In the event that the
total of the combined additional expenditures or obligations exceeds the
percentages of the original contract amount set forth in Section 30-35(b) of
the Code, the university 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.
4) Change orders that
increase or decrease the cost of a contract by a total of $10,000 or more or
the time for completion by a total of 30 days or more shall be in writing and
contain the appropriate authorization from the university and SPO. Vendors
shall not perform any changed work prior to authorization from the
university.
5) Notices of
additional expenditures or obligations in excess of the small purchase limit of
Section 20-20 of the Code shall be published in the Bulletin.
f) Improvements to Leased Real Estate
The procedures set forth in this Part shall apply, as appropriate, to contracts for improvements to real estate leased to the university.
g) Construction Manager Services
1) Procurement of
Construction Manager Services, under the jurisdiction of the Capital
Development Board, will be performed by the Capital Development Board (CDB) or
through delegation from CDB.
2)
Construction Manager Services for projects not under the jurisdiction of CDB
shall be procured by the university in accordance with Article 33 of the Code
or applicable law.
h) Architect, Engineer and Land Surveying Contracts. Solicitations for the procurement of architecture, engineering and land surveying service professionals shall be in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [ 30 ILCS 500/535 ], the Illinois Procurement Code and this Part.
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