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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/33-15 (30 ILCS 500/33-15)
Sec. 33-15. Public notice. Whenever a project requiring
construction management services is proposed for a State agency, the
Board shall provide no less than a 14-day advance notice
published in the procurement bulletin setting forth the projects and
services to be procured. The bulletin shall be available electronically and may be available in print. The bulletin shall include a description of each project and shall state the time and place for interested firms to submit a letter of interest, and, if required by the public notice, a statement of qualifications.
(Source: P.A. 100-701, eff. 8-3-18.) |
30 ILCS 500/33-20 (30 ILCS 500/33-20)
Sec. 33-20. Evaluation procedure. The Board shall evaluate
the construction managers submitting letters of interest and other
prequalified construction managers, taking into account qualifications;
and the Board may consider, but shall not be limited to
considering, ability of personnel, past record and experience,
performance data on file, willingness to meet time requirements,
location, workload of the construction manager, and any other
qualifications-based factors as the Board may determine in
writing are applicable. The Board may conduct discussions
with and require public presentations by construction managers deemed
to be the most qualified regarding their qualifications, approach to
the project, and ability to furnish the required services.
The Board shall establish a committee to select
construction managers to provide construction management services.
A selection committee may include at least one public member. The
public member may not be employed or associated with any firm holding a
contract with the Board nor may the public member's firm be
considered for a contract with that Board while he or she is
serving as a public member of the committee.
In no case shall the Board, prior to selecting a
construction manager for negotiation under Section 33-30, seek formal or
informal submission of verbal or written estimates of costs or
proposals in terms of dollars, hours
required, percentage of construction cost, or any other measure of
compensation.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-25 (30 ILCS 500/33-25)
Sec. 33-25. Selection Procedure. On the basis of evaluations,
discussions, and any presentations, the Board shall select no
less than 3 firms it determines to be qualified to provide services for
the project and rank them in order of qualifications to provide
services regarding the specific project. The Board shall then
contract at a fair and reasonable compensation. If fewer than 3 firms
submit letters of interest and the Board determines that one or
both of those firms are so qualified, the Board may proceed to
negotiate a contract under Section 33-30. The decision of the Board shall be final and binding.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-30 (30 ILCS 500/33-30)
Sec. 33-30. Contract Negotiation.
(a) The Board shall prepare a written description of the
scope of the proposed services to be used as a basis for negotiations
and shall negotiate a contract with the highest ranked construction
management firm at compensation that the Board determines in
writing to be fair and reasonable. In making this decision, the Board shall take into account the estimated value, scope, complexity,
and nature of the services to be rendered. In no case may the Board establish a payment formula designed to eliminate firms from
contention or restrict competition or negotiation of fees.
(b) If the Board is unable to negotiate a satisfactory
contract with the firm that is highest ranked, negotiations with that
firm shall be terminated. The Board shall then begin
negotiations with the firm that is next highest ranked. If the Board is unable to negotiate a satisfactory contract with that
firm, negotiations with that firm shall be terminated. The Board shall then begin negotiations with the firm that is next highest
ranked.
(c) If the Board is unable to negotiate a satisfactory
contract with any of the selected firms, the Board shall
re-evaluate the construction management services requested, including the
estimated value, scope, complexity, and fee requirements. The Board shall then compile a list of not less than 3 prequalified firms
and proceed in accordance with the provisions of this Act.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-35 (30 ILCS 500/33-35)
Sec. 33-35. Small Contracts. The provisions of Sections 33-20, 33-25,
and 33-30 do not apply to construction management contracts of less than
$25,000.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-40 (30 ILCS 500/33-40)
Sec. 33-40. Emergency services. Sections 33-20, 33-25, and 33-30 do not
apply in the procurement of construction management services by the Board (i) when the Board determines in writing that it is in the
best interest of the State to proceed with the immediate selection of a
firm or (ii) in emergencies when immediate services are necessary to
protect the public health and safety, including, but not limited
to, earthquake, tornado, storm, or natural or man-made disaster.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-45 (30 ILCS 500/33-45)
Sec. 33-45. Firm performance evaluation. The Board shall
evaluate the performance of each firm upon completion of a contract.
That evaluation shall be made available to the firm and the firm may submit a
written response, with the evaluation and response retained solely by
the Board. The evaluation and response shall not be made available to
any other person or firm and is exempt from disclosure under the
Freedom of Information Act. The evaluation shall be based on the terms
identified in the construction manager's contract.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/33-50 (30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board to
furnish his or her skill and judgment in cooperation with, and reliance
upon, the services of the project architect or engineer. The
construction manager must furnish business administration, management
of the construction process, and other specified services to the Board and must perform his or her obligations in an expeditious and
economical manner consistent with the interest of the Board. If
it is in the State's best interest, the construction manager may
provide or perform basic services for which reimbursement is provided
in the general conditions to the construction management services
contract.
(b) The actual construction work on the project must be awarded to
contractors under this Code. The Board may further separate additional divisions of work under this Article. This subsection is
subject to the 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) (blank); and
(8) the Illinois Architecture Practice Act of 1989,
| | the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, and the Structural Engineering Practice Act of 1989.
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(Source: P.A. 101-149, eff. 7-26-19; 102-1119, eff. 1-23-23.)
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30 ILCS 500/33-55 (30 ILCS 500/33-55)
Sec. 33-55. Prohibited conduct. No construction management services
contract may be awarded by the Board on a negotiated basis as provided in
this Article if the construction manager or an entity that controls, is
controlled
by, or shares common ownership or control with the construction manager (i)
guarantees, warrants, or otherwise assumes financial responsibility for the
work of others on the project; (ii) provides the Board with a guaranteed
maximum price for the work of others on the project; or (iii) furnishes or
guarantees a performance or payment bond for other contractors on the project.
In any such case, the contract for construction management services must be let
by competitive bidding as in the case of contracts for construction work.
(Source: P.A. 94-532, eff. 8-10-05.) |
30 ILCS 500/Art. 35
(30 ILCS 500/Art. 35 heading)
ARTICLE 35
PROCUREMENT OF PROFESSIONAL
AND ARTISTIC SERVICES
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30 ILCS 500/35-5
(30 ILCS 500/35-5)
Sec. 35-5.
Application.
All professional and artistic services shall be
procured in
accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/35-10
(30 ILCS 500/35-10)
Sec. 35-10.
Authority.
Each State purchasing officer, under the
supervision of his or her
respective chief procurement officer, has the authority to select, according to
the provisions of this Article, his or her own professional and artistic
services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/35-15 (30 ILCS 500/35-15) Sec. 35-15. Prequalification. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop appropriate
and reasonable prequalification standards and categories of professional and
artistic services. (b) The prequalifications and categorizations shall be submitted to the
Procurement Policy Board and the Commission on Equity and Inclusion and published for public comment prior to their
submission to the Joint Committee on Administrative Rules for approval. (c) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each also assemble and
maintain a comprehensive list of prequalified and categorized businesses and
persons. (d) Prequalification shall not be used to bar or prevent any qualified
business or person from bidding or responding to invitations for bid or requests for
proposal. (Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22 .) |
30 ILCS 500/35-20 (30 ILCS 500/35-20) Sec. 35-20. Uniformity in procurement. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the solicitation, review, and
acceptance of all professional and artistic services. (b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform procedures and forms specified in
this Code for
all professional and artistic services. (c) These forms shall include in detail, in writing, at least: (1) a description of the goal to be achieved; (2) the services to be performed; (3) the need for the service; (4) the qualifications that are necessary; and (5) a plan for post-performance review. (Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.) |
30 ILCS 500/35-25 (30 ILCS 500/35-25) Sec. 35-25. Uniformity in contract. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the contracting of professional
and artistic services. (b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform contracts and forms in
contracting for all professional and artistic services. (c) These contracts and forms shall include in detail, in writing, at least: (1) the detail listed in subsection (c) of Section | | (2) the duration of the contract, with a schedule of
| | delivery, when applicable;
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| (3) the method for charging and measuring cost
| | (4) the rate of remuneration; and
(5) the maximum price.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
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30 ILCS 500/35-30 (30 ILCS 500/35-30) Sec. 35-30. Awards. (a) All State contracts for professional and artistic services, except as
provided in this Section, shall be awarded using the
competitive request for proposal process outlined in this Section. The scoring for requests for proposals shall include the commitment to diversity factors and methodology described in subsection (e-5) of Section 20-15. (b) For each contract offered, the chief procurement officer, State
purchasing officer, or his or her designee shall use the appropriate standard
solicitation
forms
available from the chief procurement officer for matters other than construction or the higher
education chief procurement officer. (c) Prepared forms shall be submitted to the chief procurement officer for matters other than construction or the higher education chief procurement officer,
whichever is appropriate, for
publication in its Illinois Procurement Bulletin and circulation to the chief procurement officer for matters other than construction
or the higher education chief procurement officer's list of
prequalified vendors. Notice of the offer or request for
proposal shall appear at least 14 calendar days before the response to the offer is due. (d) All interested respondents shall return their responses to the chief procurement officer for matters other than construction
or the higher education chief procurement officer,
whichever is appropriate, which shall open
and record them. The chief procurement officer for matters other than construction or higher education chief procurement officer
then shall forward the responses, together
with any
information it has available about the qualifications and other State work
of the respondents. (e) After evaluation, ranking, and selection, the responsible chief
procurement officer, State purchasing officer, or
his or her designee shall notify the chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever is appropriate,
of the successful respondent and shall forward
a copy of the signed contract for the chief procurement officer for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for matters other than construction or higher education chief
procurement officer shall
publish the names of the
responsible procurement decision-maker,
the agency letting the contract, the
successful respondent, a contract reference, and value of the let contract
in the next appropriate volume of the Illinois Procurement Bulletin. (f) For all professional and artistic contracts with annualized value
that exceeds $100,000, evaluation and ranking by price are required. Any chief
procurement officer or State purchasing officer,
but not their designees, may select a respondent other than the lowest respondent by
price. In any case, when the contract exceeds the $100,000 threshold and
the lowest respondent is not selected, the chief procurement officer or the State
purchasing officer shall forward together
with the contract notice of who the low respondent by price was and a written decision as
to why another was selected to the chief procurement officer for matters other than construction or
the higher education chief procurement officer, whichever is appropriate.
The chief procurement officer for matters other than construction or higher education chief procurement officer shall publish as
provided in subsection (e) of Section 35-30,
but
shall include notice of the chief procurement officer's or State purchasing
officer's written decision. (g) The chief procurement officer for matters other than construction and higher education chief
procurement officer may each refine, but not
contradict, this Section by promulgating rules
for submission to the Procurement Policy Board and the Commission on Equity and Inclusion and then to the Joint Committee
on Administrative Rules. Any
refinement shall be based on the principles and procedures of the federal
Architect-Engineer Selection Law, Public Law 92-582 Brooks Act, and the
Architectural, Engineering, and Land Surveying Qualifications Based Selection
Act; except that pricing shall be an integral part of the selection process. (Source: P.A. 101-657, Article 5, Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-5); 101-657, Article 40, Section 40-125, eff. 1-1-22; 102-687, eff. 12-17-21.) |
30 ILCS 500/35-35 (30 ILCS 500/35-35) Sec. 35-35. Exceptions. (a) Exceptions to Section 35-30 are allowed for sole source procurements,
emergency procurements, and at the discretion of the chief procurement officer
or the State purchasing officer, but not
their designees, for professional and artistic contracts that are nonrenewable,
one year or less in duration, and have a value of less than $100,000. (b) All exceptions granted under this Article must still be submitted to the chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever is appropriate,
and published as provided for in subsection (f) of Section 35-30, shall name
the authorizing
chief procurement officer or State purchasing officer, and shall include a
brief explanation of the reason for the exception. (Source: P.A. 100-43, eff. 8-9-17.) |
30 ILCS 500/35-40 (30 ILCS 500/35-40) Sec. 35-40. Subcontractors. (a) Any contract granted under this Article shall state whether the services
of a subcontractor will be used. The contract shall include the names and
addresses of all subcontractors with an annual value that exceeds the small purchase maximum established by Section 20-20 of this Code, the general type of work to be performed by these subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made. A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential. If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information. If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information. Redacted information shall not become part of the public record. (b) If at any time during the term of a contract, a contractor adds or
changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer for matters other than construction
or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their
designee of the names and addresses and the
expected amount of money each new or replaced subcontractor will receive. Upon request of the chief
procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the
contractor shall provide the chief procurement officer a copy of any new or amended subcontract so
identified within 15 calendar days after the request is made. (c) In addition to any other requirements of this Code, a subcontract subject to this Section must
include all of the subcontractor's certifications required by Article 50 of this Code. (d) For purposes of this Section, the changes made by Public Act 98-1076 apply to procurements solicited on or after January 1, 2015 (the effective date of Public Act 98-1076). (Source: P.A. 102-721, eff. 1-1-23; 103-154, eff. 6-30-23.) |
30 ILCS 500/35-150 (30 ILCS 500/35-150)
Sec. 35-150. 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.) |
30 ILCS 500/Art. 40
(30 ILCS 500/Art. 40 heading)
ARTICLE 40
REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
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