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Illinois Compiled Statutes
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FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/20-20
(30 ILCS 500/20-20)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual procurement of professional or artistic services not exceeding $100,000 may be made without competitive source selection.
Procurements shall not be artificially
divided so as to constitute a small purchase under this Section. Any procurement of construction not exceeding $100,000 may be made by an alternative competitive source selection. The construction agency shall establish rules for an alternative competitive source selection process. This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a)
shall be adjusted for inflation as determined by the Consumer
Price Index for All Urban Consumers as determined by the United States
Department of Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules promulgated by the
chief procurement officers, the small purchase maximum established in
subsection
(a) may be modified.
(d) Certification. All small purchases with an annual value that exceeds $50,000 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; 102-1115, eff. 1-23-23 (See Section 99-999 of P.A. 102-1115 for effective date of P.A. 102-1115); 102-1119, eff. 1-23-23.)
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30 ILCS 500/20-25
(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements. (a) In accordance with
standards set by rule,
contracts may be awarded without use of the specified
method of source selection when
there is only one economically feasible source for the item. A State contract may be awarded as a sole source contract unless an interested party submits a written request for a public hearing at which the chief procurement officer and purchasing agency present written justification for the procurement method. Any interested party may present testimony. A sole source contract where a hearing was requested by an interested party may be awarded after the hearing is conducted with the approval of the chief procurement officer. (b) This Section may not be used as a basis for amending a contract for professional or artistic services if the amendment would result in an increase in the amount paid under the contract of more than 5% of the initial award, or would extend the contract term beyond the time reasonably needed for a competitive procurement, not to exceed 2 months. (c) Notice of intent to enter into a sole source contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin at least 14 calendar days before the public hearing required in subsection (a). The notice shall include the sole source procurement justification form prescribed by the Board, a description of the item to be procured, the intended sole source contractor, and the date, time, and location of the public hearing. A copy of the notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer shall file a report with the General Assembly identifying each contract the officer sought under the sole source procurement method and providing the justification given for seeking sole source as the procurement method for each of those contracts. (Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22 .)
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30 ILCS 500/20-25.1 (30 ILCS 500/20-25.1) Sec. 20-25.1. Special expedited procurement. (a) The Chief Procurement Officer shall work with the Department of Healthcare and Family Services to identify an appropriate method of source selection that will result in an executed contract for the technology required by Section 5-30.12 of the Illinois Public Aid Code no later than August 1, 2019 in order to target implementation of the technology to be procured by January 1, 2020. The method of source selection may be sole source, emergency, or other expedited process. (b) Due to the negative impact on access to critical State health care services and the ability to draw federal match for services being reimbursed caused by issues with implementation of the Integrated Eligibility System by the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Innovation and Technology, the General Assembly finds that a threat to public health exists and to prevent or minimize serious disruption in critical State services that affect health, an emergency purchase of a vendor shall be made by the Department of Healthcare and Family Services to assess the Integrated Eligibility System for critical gaps and processing errors and to monitor the performance of the Integrated Eligibility System vendor under the terms of its contract. The emergency purchase shall not exceed 2 years. Notwithstanding any other provision of this Code, such emergency purchase shall extend without a hearing required by Section 20-30 until the integrated eligibility system is stabilized and performing according to the needs of the State to ensure continued access to health care for eligible individuals.
(Source: P.A. 101-209, eff. 8-5-19.) |
30 ILCS 500/20-25.2 (30 ILCS 500/20-25.2) Sec. 20-25.2. Procurement of licensing software by the Department of Financial and Professional Regulation. (a) Notwithstanding any other provision of this Code or any law to the contrary, the Department of Financial and Professional Regulation shall identify a method of source selection that will make it possible to implement a software solution to support the Department's mandates to enforce the professional licensing Acts that it administers and rules adopted under those Acts. The source selection method identified by the Department is not limited to those otherwise set forth in this Code. The software solution selected by the Department shall electronically provide for the issuance of licenses, registrations, or certificates issued by the Department in accordance with the professional Acts and rules that it administers, shall provide for the electronic processing of license, registration, or certificate fees and fine payments, shall interface with third-party applications necessary for the fulfillment of licensing requirements, shall provide applicants and licensees, registrants, or certificate holders with online access to license, registration, or certificate status and history, and shall provide for oversight and enforcement of the professional Acts administered by the Department. (b) The method of source selection shall be by an expedited, competitive process approved by the Department's Chief Procurement Officer. All potential contractors shall be registered in the Illinois Procurement Gateway vendor portal prior to contract execution. (c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120, 20-155, 20-160, and 25-60 and Article 50 of this Code and any rules adopted under those Sections and Article, this Code does not apply to procurements required by this Section notwithstanding any other provision of this Code or any law to the contrary. (d) The contracts for the software solution shall be executed no later than 90 days after the effective date of this amendatory Act of the 103rd General Assembly. Implementation of the software solution shall begin no later than 90 days after the contract execution date. (e) The Department of Financial and Professional Regulation shall consult with the Department of Innovation and Technology to ensure the resulting contracts provide cybersecurity protection and are consistent with information technology standards as determined by the Department of Innovation and Technology. The term of the contracts shall not exceed 10 years. (f) The Department of Financial and Professional Regulation shall publish notice of each contract entered into under this Section in the Procurement Bulletin within 14 calendar days after the execution of the contract. The Department's Chief Procurement Officer shall prescribe the form and content of the notice. A copy of the contract shall be made available to the Department's Chief Procurement Officer immediately upon request. (g) This Section is inoperative one year after effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-568, eff. 12-8-23.) |
30 ILCS 500/20-30
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing
agency may make emergency procurements without competitive sealed
bidding or prior notice
when there exists a threat to public health or public safety, or
when immediate expenditure is
necessary for repairs to State property in order to protect
against further loss of or damage to
State property, to prevent or minimize serious disruption in critical State
services that affect health, safety, or collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days with the approval of the chief procurement officer. Prior to execution of the extension, the chief procurement officer shall receive written justification for the extension. The duration of the extension shall be limited to the scope of the emergency. Emergency procurements shall be made
with as much competition
as is practicable under the circumstances, and agencies shall use best efforts to include contractors certified under the Business Enterprise Program in the agencies' emergency procurement process.
A written
description of the basis for the emergency and reasons for the
selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of the extension of an emergency contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 7 calendar days after the extension is executed. Notice shall include at least a description of the need for the emergency purchase and the contractor. A copy of this notice shall be included in the subsequent Procurement Bulletin. Before the next appropriate volume of the Illinois Procurement
Bulletin, the purchasing agency shall publish in the
Illinois Procurement Bulletin a copy of each written description
and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the
total cost is known at the time of publication, the estimate shall
be identified as an estimate and
published. When the actual total cost is determined, it shall
also be published in like manner
before the 10th day of the next succeeding month.
(c) Statements. A chief procurement officer making a procurement
under this Section shall file statements
with the Procurement Policy Board, the Commission on Equity and Inclusion, and the Auditor General within
10 calendar days
after the procurement setting
forth the amount expended, the name of the contractor involved,
and the conditions and
circumstances requiring the emergency procurement. When only an
estimate of the cost is
available within 10 calendar days after the procurement, the actual cost
shall be reported immediately
after it is determined. At the end of each fiscal quarter, the
Auditor General shall file with the
Legislative Audit Commission and the Governor a complete listing
of all emergency
procurements reported during that fiscal quarter. The Legislative
Audit Commission shall
review the emergency procurements so reported and, in its annual
reports, advise the General
Assembly of procurements that appear to constitute an abuse of
this Section.
(d) Quick purchases. The chief procurement officer may promulgate rules
extending the circumstances by which a purchasing agency may make purchases
under this Section, including but not limited to the procurement of items
available at a discount for a limited period of time.
(d-5) The chief procurement officer shall adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements. (e) The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
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30 ILCS 500/20-35
(30 ILCS 500/20-35)
Sec. 20-35. Competitive selection procedures.
(a) Conditions for use. The services specified in Article
35
shall be procured in accordance with this Section,
except as authorized under Sections
20-25 and 20-30 of
this Article.
(b) Statement of qualifications. Respondents shall
submit statements of
qualifications and expressions of interest. The chief procurement officer
shall specify a uniform format for
statements of qualifications. Persons may amend these statements
at any time by filing a new
statement.
(c) Public announcement and form of request for proposals.
Public notice of the need
for the procurement shall be given in the form of a request for
proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the request for proposals for
the opening of proposals. The request for proposals shall
describe the services required, list the type of information and data required
of each respondent, and state the
relative importance of particular qualifications.
(d) Discussions. The purchasing agency may conduct
discussions with any respondent who
has submitted a response to determine the respondent's qualifications
for further consideration.
Discussions shall not disclose any information derived from
proposals submitted by other respondents.
(e) Award. Award shall be made to the respondent determined in
writing by the purchasing
agency to be best qualified based on the evaluation factors set
forth in the request for proposals
and negotiation of compensation determined to be fair and
reasonable.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/20-40
(30 ILCS 500/20-40)
Sec. 20-40. Cancellation of invitations for bids or
requests for proposals. An
invitation for bids, a request for proposals, or any other
solicitation may be cancelled without penalty, or any
and all bids, offers, proposals, or any other solicitation may be rejected in whole or in part as
may be specified in the
solicitation, when it is in the best interests of the State in
accordance with rules.
The reasons for cancellation or rejection shall be
made part of the contract file.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/20-43 (30 ILCS 500/20-43) Sec. 20-43. Bidder or offeror authorized to transact business or conduct affairs in Illinois. In addition to meeting any other requirement of law or rule, a person (other than an individual acting as a sole proprietor) may qualify as a bidder or offeror under this Code only if the person is a legal entity prior to submitting the bid, offer, or proposal. The legal entity must be authorized to transact business or conduct affairs in Illinois prior to execution of the contract. This Section shall not apply to construction contracts that are subject to the requirements of Sections 30-20 and 33-10 of this Code. The pre-qualification requirements of Sections 30-20 and 33-10 of this Code shall include the requirement that the bidder be registered with the Secretary of State.
(Source: P.A. 100-43, eff. 8-9-17.) |
30 ILCS 500/20-45
(30 ILCS 500/20-45)
Sec. 20-45.
Prequalification of suppliers.
The chief procurement officer
shall promulgate rules for the
development of prequalified supplier lists for appropriate
categories of purchases and the annual
updating of those lists.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/20-50
(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent
standards that are promulgated by the chief procurement officer and reviewed by
the
Board and the Joint Committee on Administrative Rules. Those standards shall
include
a prohibition against the use
of brand-name only products, except for products intended for retail sale or as
specified by rule. All specifications
shall seek to promote overall
economy for the purposes intended and encourage competition in
satisfying the State's needs
and shall not be unduly restrictive.
A solicitation or specification for a contract or a contract, including but not limited to of a college, university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require, stipulate,
suggest, or encourage a monetary or other financial contribution or donation, cash bonus or incentive, economic investment, or other prohibited conduct as
an explicit or implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also may not include
a requirement that an individual or individuals employed by
such
a college,
university, or institution receive a consulting
contract for professional services.
As used in this Section, "prohibited conduct" includes requested payments or other consideration by a third party to the university or State agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation. "Prohibited conduct" does not include a payment from the vendor that is supported by additional consideration (such as exclusive rights to sell items or rights to advertise), other than the consideration of the State's awarding a contract to purchase of goods and services. (Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/20-55
(30 ILCS 500/20-55)
Sec. 20-55.
Types of contracts.
Subject to the
limitations of this Section and unless
otherwise authorized by law, any type of contract that will
promote the best interests of the State
may be used, except that cost-plus-a-percentage-of-cost contracts
are prohibited. A
cost-reimbursement contract may be used only when a determination
is made in writing that a
cost-reimbursement contract is likely to be less costly to the
State than any other type or that it
is impracticable to obtain the item required except under that
type of contract. The general form
of contracts shall be determined by the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/20-57 (30 ILCS 500/20-57) Sec. 20-57. Software licensing contracts. A contract entered into by a public agency for the licensing of software applications designed to run on generally available desktop or server hardware may not limit the public agency's ability to install or run the software on any of the public agency's hardware.
(Source: P.A. 103-570, eff. 1-1-24.) |
30 ILCS 500/20-60 (30 ILCS 500/20-60) Sec. 20-60. Duration of contracts. (a) Maximum duration. A contract may be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals; provided, however, in connection with the issuance of certificates of participation or bonds, the governing board of a public institution of higher education may enter into contracts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal property. Third parties may lease State-owned dark fiber networks for any period of time deemed to be in the best interest of the State, but not exceeding 20 years. The length of a lease for real property or capital improvements shall be in accordance with the provisions of Section 40-25. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding. (b) Subject to appropriation. All contracts made or entered into shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the contract. (c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Commission on Equity and Inclusion prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the proposed extension or renewal within 14 calendar days and require a hearing before the Board or the Commission on Equity and Inclusion prior to entering into the extension or renewal. If the Procurement Policy Board or the Commission on Equity and Inclusion does not object within 14 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board or the Commission on Equity and Inclusion prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall each file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed and whether such extensions and renewals were objected to and (ii) the contracts exempt from this subsection. (d) Notwithstanding the provisions of subsection (a) of this Section, the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. The Department of Innovation and Technology may lease dark fiber networks from third parties only for the primary purpose of providing services (i) to the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined in Section 7 of the Illinois Century Network Act. Dark fiber network lease contracts shall be subject to all other provisions of this Code and any applicable rules or requirements, including, but not limited to, publication of lease solicitations, use of standard State contracting terms and conditions, and approval of vendor certifications and financial disclosures. (e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third party that the third party is leasing for use as network infrastructure. (f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless the State agency or public institution of higher education has determined that the vendor made good faith efforts toward meeting the contract goals. If the State agency or public institution of higher education determines that the vendor made good faith efforts, the agency or public institution of higher education may issue a waiver after concurrence by the chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to execute the renewal. The form and content of the waiver shall be prescribed by each chief procurement officer, but shall not impair a State agency or public institution of higher education determination to execute the renewal. The chief procurement officer shall post the completed form on his or her official website within 5 business days after receipt from the State agency or public institution of higher education. The chief procurement officer shall maintain on his or her official website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. The database shall be updated periodically and shall be searchable by contractor name and by contracting State agency or public institution of higher education. (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.) |
30 ILCS 500/20-65
(30 ILCS 500/20-65)
Sec. 20-65. Right to audit records.
(a) Maintenance of books and records. Every contract and
subcontract shall require the
contractor or subcontractor, as applicable, to maintain books and
records relating to the
performance of the contract or subcontract and necessary to
support amounts charged to the State
under the contract or subcontract. The books and records shall be
maintained by the contractor
for a period of 3 years from the later of the date of final
payment under the contract or
completion of the contract and by the subcontractor for a period
of 3 years from the later of the
date of final payment under the subcontract or completion of the
subcontract. However, the 3-year
period shall be extended for the duration of any audit in
progress at the time of that
period's expiration.
(b) Audit. Every contract and subcontract shall provide
that all books and records
required to be maintained under subsection (a) shall be
available for review and audit by
the Auditor General, chief procurement officer, internal auditor, and the purchasing agency. Every contract
and subcontract shall require
the contractor and subcontractor, as applicable, to cooperate
fully with any audit.
(c) Failure
to maintain books and records. Failure to maintain the
books and records required by
this Section shall establish a presumption in favor of the State
for the recovery of any funds paid
by the State for which required books and records are not
available.
(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) .)
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30 ILCS 500/20-70
(30 ILCS 500/20-70)
Sec. 20-70. Finality of determinations. Except as otherwise provided in this Code, determinations
made by a chief procurement officer, State purchasing officer, or a purchasing agency
under this Code are final and conclusive unless they are clearly
erroneous, arbitrary, capricious,
or contrary to 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) .)
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