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FINANCE30 ILCS 500/5-5
(30 ILCS 500/) Illinois Procurement Code.
(30 ILCS 500/5-5)
Procurement Policy Board.
(a) Creation. There is created a Procurement Policy Board, an agency of the State of Illinois.
(b) Authority and duties. The Board shall have the
authority and responsibility to
review, comment upon, and recommend, consistent with this Code, rules and
practices governing the
procurement, management, control,
and disposal of supplies, services, professional or artistic
services, construction, and real
property and capital improvement leases procured by the State.
The Board shall also have the authority to recommend a program for professional development and provide opportunities for training in procurement practices and policies to chief procurement officers and their staffs in order to ensure that all procurement is conducted in an efficient, professional, and appropriately transparent manner.
Upon a three-fifths vote of its members, the Board may review a
Upon a three-fifths vote of its members, the Board may propose procurement
rules for consideration by chief procurement officers. These proposals shall
be published in each volume of the Procurement Bulletin.
Except as otherwise provided by law, the Board shall act upon the vote of a
majority of its members who have been appointed and are serving.
(b-5) Reviews, studies, and hearings. The Board may review, study, and hold public hearings concerning the implementation and administration of this Code. Each chief procurement officer, State purchasing officer, procurement compliance monitor, and State agency shall cooperate with the Board, provide information to the Board, and be responsive to the Board in the Board's conduct of its reviews, studies, and hearings.
(c) Members. The Board shall consist of 5 members
appointed one each by the 4 legislative leaders and
member shall have demonstrated sufficient business or professional
experience in the area of
procurement to perform the functions of the Board. No member may be a member
of the General Assembly.
(d) Terms. Of the initial appointees, the Governor shall
designate one member, as Chairman, to serve
a one-year term, the President of the Senate and the Speaker of the House shall
each appoint one member to serve 3-year terms, and the Minority Leader of the
and the Minority Leader of the Senate shall each
appoint one member to serve 2-year terms. Subsequent
terms shall be 4 years. Members may be reappointed for
(e) Reimbursement. Members shall receive no compensation
but shall be reimbursed
for any expenses reasonably incurred in the performance of their
(f) Staff support. Upon a three-fifths vote of its members, the Board may
employ an executive director. Subject to appropriation, the
Board also may employ a reasonable and necessary number of staff persons.
(g) Meetings. Meetings of the Board may be conducted telephonically,
electronically, or through the use of other telecommunications.
Written minutes of such meetings shall be
created and available for public inspection and copying.
(h) Procurement recommendations. Upon a three-fifths vote of its members, the Board may review a proposal, bid, or contract and issue a recommendation to void a contract or reject a proposal or bid based on any violation of this Code or the existence of a conflict of interest as described in subsections (b) and (d) of Section 50-35. A chief procurement officer or State purchasing officer shall notify the Board if an alleged conflict of interest or violation of the Code is identified, discovered, or reasonably suspected to exist. Any person or entity may notify the Board of an alleged conflict of interest or violation of the Code. A recommendation of the Board shall be delivered to the appropriate chief procurement officer and Executive Ethics Commission within 7 calendar days and must be published in the next volume of the Procurement Bulletin. In the event that an alleged conflict of interest or violation of the
Code that was not originally disclosed with the bid, offer, or proposal is identified and filed with the Board, the
Board shall provide written notice of the alleged conflict of interest or violation to the bidder, offeror, potential contractor, contractor, or subcontractor on that contract. If
the alleged conflict of interest or violation is by the subcontractor, written notice shall also be provided to the bidder, offeror, potential contractor, or contractor. The bidder, offeror, potential contractor,
contractor, or subcontractor shall have 15 calendar days to provide a written response to the notice, and a hearing before
the Board on the alleged conflict of interest or violation shall be held upon request by the bidder, offeror, potential contractor, contractor, or subcontractor. The requested hearing date and time shall
be determined by the Board, but in no event shall the hearing occur later than 15 calendar days after the date of the request.
(i) After providing notice and a hearing as required by subsection (h), the Board shall refer any alleged violations of this Code to the Executive Inspector General in addition to or instead of issuing a recommendation to void a contract.
(j) Response. Each State agency shall respond promptly in writing to all inquiries and comments of the Procurement Policy Board.
(Source: P.A. 100-43, eff. 8-9-17.)
30 ILCS 500/5-23
(30 ILCS 500/5-23)
Interests of Board members.
Members of the Procurement Policy
Board employed by or holding an interest in an entity doing business with or
attempting to do business with the State of Illinois do not, by their
service on the Board, preclude that entity from doing business with or
attempting to do business with the State.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/5-25
(30 ILCS 500/5-25)
Rulemaking authority; agency policy; agency response.
(a) Rulemaking. A chief procurement officer
authorized to make
procurements under this Code shall have the authority to
promulgate rules to carry out that
rulemaking on specific procurement
topics mentioned in specific Sections of this Code shall not be construed as
prohibiting or limiting rulemaking on other procurement topics.
shall be promulgated in accordance with the Illinois Administrative Procedure
Act. Contractual provisions, specifications, and procurement descriptions are
not rules and are not subject to the Illinois Administrative Procedure Act.
All rules other than those promulgated by the Board
shall be presented in writing to the Board for review and
comment. The Board shall express their opinions and recommendations in writing. The
proposed rules and recommendations shall be made available for
public review. The rules shall also be approved by the Joint Committee on Administrative Rules.
(b) Policy. Each chief procurement officer shall promptly notify the Procurement Policy Board in writing of any proposed new procurement rule or policy or any proposed change in an existing procurement rule or policy.
(c) Response. Each State agency must respond promptly in writing to all inquiries and comments of the Procurement Policy Board.
(Source: P.A. 98-1076, eff. 1-1-15
30 ILCS 500/5-30
(30 ILCS 500/5-30)
Proposed contracts; Procurement Policy Board.
(a) Except as provided in subsection (c), within 14 calendar days after notice of the awarding or letting of a contract has appeared in the Procurement Bulletin in accordance with subsection (b) of Section 15-25, the Board may request in writing from the contracting agency and the contracting agency shall promptly, but in no event later than 7 calendar days after receipt of the request, provide to the Board, by electronic or other means satisfactory to the Board, documentation in the possession of the contracting agency concerning the proposed contract. Nothing in this subsection is intended to waive or abrogate any privilege or right of confidentiality authorized by law.
(b) No contract subject to this Section may be entered into until the 14-day period described in subsection (a) has expired, unless the contracting agency requests in writing that the Board waive the period and the Board grants the waiver in writing.
(c) This Section does not apply to (i) contracts entered into under this Code for small and emergency procurements as those procurements are defined in Article 20 and (ii) contracts for professional and artistic services that are nonrenewable, one year or less in duration, and have a value of less than $20,000. If requested in writing by the Board, however, the contracting agency must promptly, but in no event later than 10 calendar days after receipt of the request, transmit to the Board a copy of the contract for an emergency procurement and documentation in the possession of the contracting agency concerning the contract.
(Source: P.A. 100-43, eff. 8-9-17.)