30 ILCS 500/ Illinois Procurement Code.

(30 ILCS 500/50-50)

Sec. 50-50. Insider information. It is unlawful for any current or former elected or appointed State official or State employee to knowingly use confidential information available only by virtue of that office or employment for actual or anticipated gain for themselves or another person.

(Source: P.A. 90-572, eff. 2-6-98.)

(30 ILCS 500/50-55)

Sec. 50-55. Supply inventory. Every State agency shall inventory or stock no more than a 12-month need of equipment, supplies, commodities, articles, and other items, except as otherwise authorized by the State agency's regulations. Every State agency shall periodically review its inventory to ensure compliance with this Section. If, upon review, an agency determines it has more than a 12-month supply of any equipment, supplies, commodities, or other items, the agency shall undertake transfers of the oversupplied items or other action necessary to maintain compliance with this Section. This Section shall not apply to lifesaving medications, mechanical spare parts, and items for which the supplier requires a minimum order stipulation.

(Source: P.A. 90-572, eff. 2-6-98.)

(30 ILCS 500/50-60)

Sec. 50-60. Voidable contracts.

(a) If any contract or amendment thereto is entered into or purchase or expenditure of funds is made at any time in violation of this Code or any other law, the contract or amendment thereto may be declared void by the chief procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best interests of the State. If the contract is ratified and affirmed, it shall be without prejudice to the State's rights to any appropriate damages.

(b) If, during the term of a contract, the chief procurement officer determines that the contractor is delinquent in the payment of debt as set forth in Section 50-11 of this Code, the chief procurement officer may declare the contract void if it determines that voiding the contract is in the best interests of the State. The Debt Collection Bureau shall adopt rules for the implementation of this subsection (b).

(c) If, during the term of a contract, the chief procurement officer determines that the contractor is in violation of Section 50-10.5 of this Code, the chief procurement officer shall declare the contract void.

(d) If, during the term of a contract, the contracting agency learns from an annual certification or otherwise determines that the contractor no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the contract void if it determines that voiding the contract is in the best interests of the State.

(e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State. However, the related contract shall not be declared void unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontractor no longer qualifies to enter into State contracts by reason of one of the Sections listed in this subsection.

(f) The changes to this Section made by Public Act 96-795 apply to actions taken by the chief procurement officer on or after July 1, 2010.

(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)

(30 ILCS 500/50-65)

Sec. 50-65. Suspension. Any contractor or subcontractor may be suspended for violation of this Code or for failure to conform to specifications or terms of delivery. Suspension shall be for cause and may be for a period of up to 10 years at the discretion of the applicable chief procurement officer. Contractors or subcontractors may be debarred in accordance with rules promulgated by the chief procurement officer or as otherwise provided by law.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)

(30 ILCS 500/50-70)

Sec. 50-70. Additional provisions. This Code is subject to applicable provisions of the following Acts:

(1) Article 33E of the Criminal Code of 2012;

(2) the Illinois Human Rights Act;

(3) the Discriminatory Club Act;

(4) the Illinois Governmental Ethics Act;

(5) the State Prompt Payment Act;

(6) the Public Officer Prohibited Activities Act;

(7) the Drug Free Workplace Act;

(8) the Illinois Power Agency Act;

(9) the Employee Classification Act;

(10) the State Officials and Employees Ethics Act; and

(11) the Department of Employment Security Law.

(Source: P.A. 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15.)

(30 ILCS 500/50-75)

Sec. 50-75. Other violations.

(a) Any chief procurement officer, State purchasing officer, or designee who willfully violates or allows the violation of this Code shall be subject to immediate dismissal, regardless of the Personnel Code, any contract, or any collective bargaining agreement.

(b) Except as otherwise provided in this Code, whoever violates this Code or the rules promulgated under it is guilty of a Class A misdemeanor.

(Source: P.A. 90-572, eff. 2-6-98.)

(30 ILCS 500/50-80)

Sec. 50-80. Sexual harassment policy. Each bidder who submits a bid or offer for a State contract under this Code shall have a sexual harassment policy in accordance with paragraph (4) of subsection (A) of Section 2-105 of the Illinois Human Rights Act. A copy of the policy shall be provided to the State agency entering into the contract upon request.

(Source: P.A. 100-698, eff. 1-1-19.)

(30 ILCS 500/50-85)

Sec. 50-85. Diversity training. Each chief procurement officer, State purchasing officer, procurement compliance monitor, applicable support staff of each chief procurement officer, State agency purchasing and contracting staff, those identified under subsection (c) of Section 5-45 of the State Officials and Employees Ethics Act who have the authority to participate personally and substantially in the award of State contracts, and any other State agency staff with substantial procurement and contracting responsibilities as determined by the chief procurement officer, in consultation with the State agency, shall complete annual training for diversity and inclusion. Each chief procurement officer shall prescribe the program of diversity and inclusion training appropriate for each chief procurement officer's jurisdiction.

(Source: P.A. 101-657, 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); 102-687, eff. 12-17-21.)

(30 ILCS 500/50-90)

Sec. 50-90. Certifications. All contracts under this Code with an annual value that exceeds $50,000 annually shall be accompanied by Standard Illinois Certifications in a form prescribed by each chief procurement officer.

(Source: P.A. 102-721, eff. 1-1-23.)

(30 ILCS 500/Art. 53 heading) ARTICLE 53 CONCESSIONS

(30 ILCS 500/53-10)

Sec. 53-10. Concessions and leases of State property and no-cost contracts.

(a) Except for property under the jurisdiction of a public institution of higher education, concessions, including the assignment, license, sale, or transfer of interests in or rights to discoveries, inventions, patents, or copyrightable works, may be entered into by the State agency with jurisdiction over the property, whether tangible or intangible.

(b) Except for property under the jurisdiction of a public institution of higher education, all leases of State property and concessions shall be reduced to writing and shall be awarded under the provisions of Article 20, except that the contract shall be awarded to the highest bidder or best bidder or offeror when the State receives a lease payment, a percentage of sales from the lessee, or in-kind support from the lessee based on the return to the State.

(c) Except for property under the jurisdiction of a public institution of higher education, all no-cost procurements shall be reduced to writing and shall be awarded under the provisions of Article 20 of this Code. All awards of no-cost procurements shall identify the estimated business value to the lessee and the value to the State.

(Source: P.A. 100-43, eff. 8-9-17.)

(30 ILCS 500/53-20)

Sec. 53-20. Contract duration and terms. Except for property under the jurisdiction of a public institution of higher education, the duration and terms of concessions and leases of State property shall be in accordance with this Code or other applicable law.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/53-25)

Sec. 53-25. Public institutions of higher education.

(a) Each public institution of higher education may enter into concessions, including the assignment, license, sale, or transfer of interests in or rights to discoveries, inventions, patents, or copyrightable works, for property, whether tangible or intangible, over which it has jurisdiction. Concessions shall be reduced to writing and shall be awarded at the discretion of the institution with jurisdiction over the property. Notice of the award of a concession shall be published in the higher education volume of the Illinois Procurement Bulletin.

(b) The duration and terms of concessions and leases for personal property shall be at the discretion of the institution with jurisdiction over the property.

(c) Notwithstanding any other provision of law, if the Illinois Finance Authority issues bonds for the financing of buildings, structures, or facilities that are determined by the governing board of a public institution of higher education to be either required by or necessary for the use or benefit of that public institution of higher education, then the duration of any lease for real property entered into by that public institution of higher education, as lessee or lessor, in connection with the issuance of those bonds shall be at the discretion of that public institution of higher education.

(Source: P.A. 98-90, eff. 7-15-13.)

(30 ILCS 500/53-30)

Sec. 53-30. Illinois State Toll Highway Authority. The Illinois State Toll Highway Authority may enter into contracts, leases, licenses, or agreements for a term not to exceed 25 years that relate to the grant of concessions or the leasing of any part of a toll highway for motor fuel service stations and facilities, garages, stores, or restaurants. Nothing in this Section shall be construed to apply to properties in which the Illinois State Toll Highway Authority is the lessee.

(Source: P.A. 91-684, eff. 1-26-00.)

(30 ILCS 500/53-150)

Sec. 53-150. 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. 55 heading) ARTICLE 55 MISCELLANEOUS PROVISIONS

(30 ILCS 500/55-5)

Sec. 55-5. References to repealed provisions. After the effective date of this Act, all references to the provisions of law repealed by this Act shall be construed, where necessary and appropriate, as references to the Illinois Procurement Code.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/55-10)

Sec. 55-10. Exclusive exercise of powers. On and after 120 calendar days following the effective date of this Act, the powers granted under this Code shall be exercised exclusively as granted under this Code, and no State agency may concurrently exercise any such power, unless specifically authorized otherwise by a later enacted law. This Code is not intended to impair any contract entered into before the effective date of this Act.

(Source: P.A. 98-1076, eff. 1-1-15.)

(30 ILCS 500/55-15)

Sec. 55-15. Severability. If any provision of this Code or any application of it to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Code that can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared to be severable.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/55-20)

Sec. 55-20. Contracts for food donation; food donation policy.

(a) After the effective date of this amendatory Act of the 99th General Assembly, a public entity shall not enter into a contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the public entity from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.

(b) Each State agency that purchases food through a contract procured in accordance with this Code shall adopt a policy that permits the donation of leftover food purchased with State funds. The policy shall address any daily food operations run by the agency, including one-time events, and shall contain a list of nearby soup kitchens, food pantries, and other non-profit organizations where leftover food can be donated. Each State agency shall circulate its policy to all agency employees, and submit its food donation policy to the Department of Central Management Services on an annual basis beginning December 31, 2018.

(Source: P.A. 102-82, eff. 7-9-21.)

(30 ILCS 500/55-25)

(Section scheduled to be repealed on January 1, 2025)

Sec. 55-25. State Procurement Task Force.

(a) There is hereby created the State Procurement Task Force.

(b) The task force shall survey the State procurement process and make recommendations to: (i) ensure that the process is equitable and efficient; (ii) provide departments with the flexibility needed to be successful; (iii) change the current structure of the procurement process; (iv) update the process to reflect modern procurement methods; (v) increase women-owned and minority-owned business participation; (vi) increase participation by Illinois vendors; and (vii) reduce costs and increase efficiency of State procurements.

(c) The task force shall consist of the following members:

(1) 4 members of the House of Representatives, appointed by the Speaker of the House of Representatives, one of whom shall serve as co-chair of the Task Force;

(2) 4 members of the Senate, appointed by the President of the Senate, one of whom shall serve as co-chair of the Task Force;

(3) 3 members of the House of Representatives, appointed by the Minority Leader of the House of Representatives;

(4) 3 members of the Senate, appointed by the Minority Leader of the Senate;

(5) 1 member representing State institutions of higher education, appointed by the President of the Senate;

(6) 1 member representing State institutions of higher education, appointed by the Speaker of the House of Representatives;

(7) 5 members representing vendors, with one each appointed by the Governor, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate;

(8) 5 members of the public representing women-owned and minority-owned businesses, with one each appointed by the Governor, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate;

(9) 1 member from the Department of Central Management Services, appointed by the Governor;

(10) 1 member from the Department of Transportation, appointed by the Governor;

(11) 1 member from the Department of Information and Technology, appointed by the Governor;

(12) 1 Chief Procurement Officer, appointed by the Governor; and

(13) the Chairperson of the Commission on Equity and Inclusion.

(d) Members of the task force shall serve without compensation for the duration of the task force.

(e) As soon as practicable after all members have been appointed, the task force shall hold its first meeting. The task force shall hold at least 7 meetings.

(f) The Procurement Policy Board shall provide administrative and other support to the task force.

(g) The task force shall from time to time submit reports of its findings and recommendations on its survey of State procurement processes to the Governor and the General Assembly. By February 1, 2023, the task force shall submit a report to the Governor and General Assembly reporting findings and recommendations specifically including any proposed recommendations to: (i) alter the current structure and number of Chief Procurement Officers; (ii) enact or modify cure periods in the Procurement Code that allow a potentially successful vendor to correct technical deficiencies in the vendor's bid; (iii) enact measures that increase efficiency, modernization, or reduce costs within the procurement system; and (iv) increase women-owned and minority-owned business participation. On or before January 1, 2024, the task force shall submit a report of its findings and recommendations on its survey of State procurement processes to the Governor and the General Assembly.

(h) This Section is repealed on January 1, 2025.

(Source: P.A. 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.)

(30 ILCS 500/Art. 95 heading) ARTICLE 95 AMENDATORY AND REPEALING PROVISIONS

(30 ILCS 500/95-5)

Sec. 95-5. (Amendatory provisions; text omitted).

(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)

(30 ILCS 500/95-10)

Sec. 95-10. The State Comptroller Act is amended by repealing Sections 11 and 15.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-15)

Sec. 95-15. The Civil Administrative Code of Illinois is amended by repealing Sections 29, 30, 35.7b, 67.01, and 67.04.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-17)

Sec. 95-17. (Amendatory provisions; text omitted).

(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)

(30 ILCS 500/95-20)

Sec. 95-20. The Public Employment Office Act is amended by repealing Section 13.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-22)

Sec. 95-22. (Amendatory provisions; text omitted).

(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)

(30 ILCS 500/95-25)

Sec. 95-25. The Illinois Purchasing Act is repealed.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-30)

Sec. 95-30. The State Paper Purchasing Act is repealed.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-35)

Sec. 95-35. (Amendatory provisions; text omitted).

(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)

(30 ILCS 500/95-37)

Sec. 95-37. The Real Estate Leasing Act is repealed.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/95-40)

Sec. 95-40. The State Vehicle Mileage Act is repealed.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

(30 ILCS 500/Art. 99 heading) ARTICLE 99 EFFECTIVE DATE

(30 ILCS 500/99-5)

Sec. 99-5. Effective date and transition. This Article, Sections 1-15 through 1-15.115 of Article 1, and Article 50 take effect upon becoming law. Articles 1 through 45 and 53 through 95 take effect January 1, 1998, solely for the purpose of allowing the promulgation of rules to implement the Illinois Procurement Code. The Procurement Policy Board established in Article 5 may be appointed as of January 1, 1998, and until July 1, 1998, shall act only to review proposed purchasing rules. Articles 1 through 45 and 53 through 95 for all other purposes take effect on July 1, 1998.

(Source: P.A. 90-572, eff. 2-6-98.)