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90_HB1481eng
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Creates the Illinois Procurement Code. Provides for the
purchasing of supplies, services, and construction and, until
1998, the leasing of real property and capital improvements
by the State. Establishes a Procurement Policy Board
appointed by the Governor to promulgate procurement policies
and rules. Provides for a Chief Procurement Officer
appointed by the Board to oversee implementation of its
policies. Grants general procurement and rulemaking authority
to 16 State purchasing officers appointed by State officers
of the executive, legislative, and judicial branches and the
governing boards of State colleges and universities. Permits
delegation of procurement authority under certain
circumstances. Grants procurement authority for professional
or artistic services to individual State entities. Makes
competitive sealed bidding the required method of source
selection, with exceptions for procurements of a small,
emergency, or sole source nature. Provides for procurement
preferences, contract requirements, auditing, prohibitions,
and penalties. Amends the Governmental Joint Purchasing Act
and repeals various Acts and Sections of Acts governing State
purchasing. Effective immediately.
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1 AN ACT to create the Illinois Procurement Code, and to
2 amend and repeal certain named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. Short title. This Act may be cited as the
8 Illinois Procurement Code.
9 Section 1-5. Public policy. It is the purpose of this
10 Code and is declared to be the policy of the State that the
11 principles of competitive bidding and economical procurement
12 practices shall be applicable to all purchases and contracts
13 by or for any State agency.
14 Section 1-10. Application.
15 (a) This Code applies only to procurements for which
16 contractors were first solicited on or after July 1, 1998.
17 This Code shall not be construed to affect or impair any
18 contract, or any provision of a contract, entered into prior
19 to the implementation date of this Code as described in
20 Article 99, including but not limited to, any covenant
21 entered into with respect to any revenue bonds or similar
22 instruments.
23 (b) This Code shall apply regardless of the source of
24 the funds with which the contracts are paid, including
25 federal assistance moneys. This Code shall not apply to: (1)
26 contracts between the State and its political subdivisions or
27 other governments, or between State governmental bodies
28 except as specifically provided in this Code; (2) grants; (3)
29 purchase of care; (4) contracts for personal services; or (5)
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1 collective bargaining contracts. Nothing in this Code or in
2 rules promulgated hereunder shall prevent any State
3 governmental body from complying with the terms and
4 conditions of any grant, gift, bequest, or cooperative
5 agreement.
6 Section 1-15. Definitions. For the purposes of this
7 Code, the words set forth in the following Sections of this
8 Article have the meanings set forth in those Sections.
9 Section 1-15.03. Bidder or offeror. "Bidder" or
10 "offeror" means any person who submits a bid, proposal, or
11 other type of offer. These terms may be used
12 interchangeably.
13 Section 1-15.05. Board. "Board" means the Procurement
14 Policy Board.
15 Section 1-15.10. Business. "Business" means any
16 corporation, partnership, individual, sole proprietorship,
17 joint stock company, joint venture, or other private legal
18 entity.
19 Section 1-15.15. Chief Procurement Officer. "Chief
20 Procurement Officer" means that person designated as such by
21 the Procurement Policy Board.
22 Section 1-15.17. Concession. "Concession" means any use
23 of State property, primarily real estate, by a party not
24 associated with State government, whether or not a charge is
25 levied for such use.
26 Section 1-15.20. Construction. "Construction" means
27 building, altering, repairing, improving, or demolishing any
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1 public structure or building, or making improvements of any
2 kind to public real property. Construction does not include
3 the routine operation, routine repair, or routine maintenance
4 of existing structures, buildings, or real property.
5 Section 1-15.25. Construction agency. "Construction
6 agency" means the Capital Development Board for construction
7 or remodeling of State-owned facilities; the Illinois
8 Department of Transportation for construction or maintenance
9 of roads, highways, bridges, and airports; the Illinois Toll
10 Highway Authority for construction or maintenance of toll
11 highways; and any other State agency entering into
12 construction contracts as authorized by law or by delegation
13 from the Procurement Policy Board.
14 Section 1-15.30. Contract. "Contract" means all types
15 of State agreements, regardless of what they may be called,
16 for the procurement or use of goods, services, including
17 professional or artistic services, construction, or real
18 property leases, and including master contracts and contracts
19 for financing through use of installment or lease-purchase
20 arrangements.
21 Section 1-15.35. Cost-reimbursement contract.
22 "Cost-reimbursement contract" means a contract under which a
23 contractor is reimbursed for costs that are allowable and
24 allocable in accordance with the contract terms and the
25 provisions of this Code, and a fee, if any.
26 Section 1-15.40. Council. "Council" means the
27 Procurement Advisory Council.
28 Section 1-15.42. Goods. "Goods" means all personal
29 property, including but not limited to, equipment, materials,
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1 printing, and insurance, and the financing of those goods.
2 Section 1-15.43. Grant. "Grant" means the furnishing by
3 the State of assistance, whether financial or otherwise, to
4 any person to support a program authorized by law. It does
5 not include an award, the primary purpose of which is to
6 procure an end product for the direct benefit or use of the
7 State governmental body making the grant, whether in the form
8 of goods, services, or construction; a contract resulting
9 from such an award is not a grant but a procurement contract.
10 Section 1-15.45. Invitation for bids. "Invitation for
11 bids" means the process by which a purchasing agency requests
12 information from bidders, including all documents, whether
13 attached or incorporated by reference, used for soliciting
14 bids.
15 Section 1-15.50. Negotiation. "Negotiation" means the
16 process of selecting a contractor other than by competitive
17 sealed bids, multi-step sealed bidding, or competitive sealed
18 proposals, whereby a purchasing agency can establish any and
19 all terms and conditions of a procurement contract by
20 discussion with one or more prospective contractors.
21 Section 1-15.55. Person. "Person" means any business,
22 public or private corporation, partnership, individual,
23 union, committee, club, unincorporated association or other
24 organization or group of individuals, or other legal entity.
25 Section 1-15.56. Personal service. "Personal services"
26 means services rendered to the State by an individual, as an
27 employee and not an independent contractor, and for whom
28 federal income taxes are withheld.
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1 Section 1-15.57. Price. "Price" means any dollar
2 related factor relevant to the State, including but not
3 limited to, discounts and transportation, and where specified
4 in purchase specifications or descriptions, "price" means
5 total or life cycle costs.
6 Section 1-15.58. Procurement. "Procurement" means
7 buying, renting, leasing, licensing or otherwise acquiring
8 any goods, services, construction or real estate lease. It
9 also includes all functions that pertain to the obtaining
10 same, including describing requirements, selection and
11 soliciting sources, preparing and awarding contracts, and all
12 phases of contract administration.
13 Section 1-15.60. Professional and artistic services.
14 "Professional and artistic services" means those services
15 provided under contract to a State agency by a person or
16 business, acting as an independent contractor, qualified by
17 education, experience, and technical ability to advise and
18 assist in solving specific management and programmatic
19 problems involving the organization, planning, direction,
20 control, and operation of State agencies.
21 Section 1-15.65. Purchase description. "Purchase
22 description" means the words used in a solicitation to
23 describe the supplies, services, professional or artistic
24 services, construction, or real property or capital
25 improvements to be procured or leased and includes
26 specifications attached to or made a part of the
27 solicitation.
28 Section 1-15.67. Purchase of care. "Purchase of care"
29 means a contract with a person for the furnishing of medical,
30 educational, psychiatric, vocational, rehabilitative, social
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1 or human services directly to a recipient of a State aid
2 program.
3 Section 1-15.70. Purchasing agency. "Purchasing agency"
4 means a State agency that is authorized by this Code, by its
5 implementing rules, or by authorized delegation of a State
6 purchasing officer to enter into contracts.
7 Section 1-15.75. Request for proposals. "Request for
8 proposals" means the process by which a purchasing agency
9 requests information from offerors, including all documents,
10 whether attached or incorporated by reference, used for
11 soliciting proposals.
12 Section 1-15.80. Responsible bidder or offeror.
13 "Responsible bidder or offeror" means a person who has the
14 capability in all respects to perform fully the contract
15 requirements and the integrity and reliability that will
16 assure good faith performance.
17 Section 1-15.85. Responsive bidder. "Responsive bidder"
18 means a person who has submitted a bid that conforms in all
19 material respects to the invitation for bids.
20 Section 1-15.90. Services. "Services" means the
21 furnishing of labor, time, or effort by a contractor, not
22 involving the delivery of a specific end product other than
23 reports or supplies that are incidental to the required
24 performance.
25 Section 1-15.93. Solicitation. "Solicitation" means an
26 invitation for bids, request for proposals, request for
27 information, or other means of requesting contractors to
28 respond with offers or qualifications.
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1 Section 1-15.95. Specifications. "Specifications" means
2 any description, provision, or requirement pertaining to the
3 physical or functional characteristics or of the nature of a
4 supply, service, or other item to be procured under a
5 contract. Specifications may include a description of any
6 requirement for inspecting, testing, or preparing a supply,
7 service, professional or artistic service, construction, or
8 other item for delivery.
9 Section 1-15.100. State agency. "State agency" means
10 all officers, boards, commissions, and agencies created by
11 the Constitution, whether in the executive, legislative, or
12 judicial branch, but other than the circuit court; all
13 officers, departments, boards, commissions, agencies,
14 institutions, authorities, universities, bodies politic and
15 corporate of the State; and administrative units or corporate
16 outgrowths of the State government that are created by or in
17 accordance with statute, other than units of local government
18 and their officers, school districts, and boards of election
19 commissioners; and all administrative units and corporate
20 outgrowths of State agencies and as may be created by
21 executive order of the Governor. "State agency" does not
22 include the Illinois Comprehensive Health Insurance Board.
23 Section 1-15.105. State purchasing officer. "State
24 purchasing officer" means a person appointed as provided in
25 Article 10 to exercise the procurement authority created by
26 this Code.
27 Section 1-15.110. Supplies. "Supplies" means all
28 personal property, including but not limited to equipment,
29 materials, printing, and insurance, and the financing of
30 those supplies.
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1 Section 1-15.112. Supported employee. "Supported
2 employee" means an individual who has a severe physical or
3 mental disability that seriously limits functional capacities
4 including, but not limited to, mobility, communications,
5 self-care, self-direction, work tolerance, or work skills and
6 for whom competitive employment has not traditionally
7 occurred or for whom competitive employment has been
8 interrupted or intermittent as a result of a severe
9 disability and who, because of the nature and the severity of
10 that person's disability, needs intensive supported
11 employment services or extended services in order to perform
12 work.
13 Section 1-15.115. Using agency. "Using agency" means a
14 State agency that uses items procured under this Code.
15 ARTICLE 5
16 POLICY ORGANIZATION
17 Section 5-5. Procurement Policy Board.
18 (a) Creation. There is created a Procurement Policy
19 Board.
20 (b) Authority and duties. The Board shall have the
21 authority and responsibility to promulgate rules, consistent
22 with this Code, governing the procurement, management,
23 control, and disposal of supplies, services, professional or
24 artistic services, construction, and real property and
25 capital improvement leases procured by the State. All rules
26 shall be promulgated and published in accordance with the
27 Illinois Administrative Procedure Act. The Board shall
28 consider and decide matters of policy within the provisions
29 of this Code. The Board shall have the power to audit and
30 monitor the implementation of its rules and the requirements
31 of this Code but shall not exercise authority over the award
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1 or administration of any particular contract or over any
2 dispute, claim, or litigation pertaining to a particular
3 contract.
4 (c) Members. The Board shall consist of 5 members
5 appointed by the Governor and confirmed by the Senate. No
6 more than 3 members may be of the same political party. Each
7 member shall have demonstrated sufficient business or
8 professional experience in the area of procurement to perform
9 the functions of the Board.
10 (d) Terms. Of the initial appointees, the Governor
11 shall designate one member to serve a one-year term, 2
12 members to serve 2-year terms, and 2 members to serve 3-year
13 terms. Subsequent terms shall be 4 years. Members may be
14 reappointed for succeeding terms.
15 (e) Reimbursement. Members shall receive no
16 compensation but shall be reimbursed for any expenses
17 reasonably incurred in the performance of their duties.
18 Section 5-10. Chief Procurement Officer.
19 (a) Creation. There is created the Office of the Chief
20 Procurement Officer.
21 (b) Authority and duties. The Chief Procurement Officer
22 shall be responsible for overseeing implementation of the
23 Board's rules and policies and shall be appointed by a
24 majority vote of the Board. The Chief Procurement Officer
25 may be removed at the discretion of the Board.
26 (c) Compensation. The Chief Procurement Officer shall
27 be a full-time position compensated in an amount determined
28 by the Board. A member of the Board may not serve as Chief
29 Procurement Officer.
30 (d) Staff support. Subject to appropriation, the Chief
31 Procurement Officer may have up to 3 staff persons.
32 Section 5-15. Procurement Advisory Council.
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1 (a) Creation. There is created the Procurement Advisory
2 Council. The Council shall consist of the Chief Procurement
3 Officer and the 16 State purchasing officers appointed as
4 provided in Article 10. The Chief Procurement Officer shall
5 act as chair of the Council.
6 (b) Purposes. The Council shall:
7 (1) advise the Board on procurement policies;
8 (2) coordinate purchases of the same item by more
9 than one purchasing agency to obtain volume discounts;
10 (3) recommend specific State purchasing officers or
11 State agencies as responsible for certain categories of
12 purchases; and
13 (4) assist State purchasing officers and State
14 agencies in planning, purchasing, installing, and using
15 certain technology, including telecommunications systems.
16 Section 5-20. Joint Purchasing Program Advisory Council.
17 There is created a Joint Purchasing Program Advisory Council.
18 Members of the Joint Purchasing Program Advisory Council
19 shall be appointed by the Board and shall consist of
20 representatives of local governmental units and
21 representatives of the Procurement Advisory Council. The
22 Joint Purchasing Program Advisory Council shall advise and
23 consult with the Board on the scope and nature of joint
24 governmental purchasing.
25 Section 5-25. Rulemaking authority. A State agency
26 authorized to make procurements under this Code shall have
27 the authority to promulgate rules to carry out that
28 authority. All rules shall be promulgated in accordance with
29 the Illinois Administrative Procedure Act and shall be
30 subject to the approval of the Board.
31 ARTICLE 10
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1 PROCUREMENT ORGANIZATION
2 Section 10-5. Exercise of procurement authority.
3 (a) The State purchasing officers appointed by their
4 respective State officers or State agencies shall exercise
5 the procurement authority created by this Code except as
6 otherwise provided in this Code.
7 (b) (1) Procurements for all construction, construction
8 related services, operation of any facility, and the
9 provision of any service or activity committed by law to the
10 jurisdiction or responsibility of the Illinois Department of
11 Transportation, including the direct or reimbursable
12 expenditure of all federal funds for which the Department of
13 Transportation is responsible or accountable for the use
14 thereof in accordance with federal law, regulation or
15 procedure, shall be delegated to the Secretary of
16 Transportation if required to comply with federal law.
17 (2) Procurements for all construction, construction
18 related services, operation of any facility, and the
19 provision of any service or activity committed by law to the
20 jurisdiction or responsibility of the Illinois Toll Highway
21 Authority, including the direct or reimbursable expenditure
22 of all federal funds for which the Authority is responsible
23 or accountable for the use thereof in accordance with federal
24 law, regulation or procedure, shall be delegated to the
25 Authority if required to comply with federal law.
26 Section 10-10. Appointment of State purchasing officers.
27 (a) General appointments. The following State officers
28 shall each appoint a State purchasing officer to exercise
29 within his or her jurisdiciton the procurement authority
30 created by this Code:
31 (1) Director of Central Management Services.
32 (2) Attorney General.
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1 (3) Comptroller.
2 (4) Secretary of State.
3 (5) Treasurer.
4 (6) Auditor General.
5 (7) Supreme Court.
6 (8) Speaker of the House of Representatives.
7 (9) President of the Senate.
8 (10) Minority leader of the House of
9 Representatives.
10 (11) Minority leader of the Senate.
11 (12) Chair of the Joint Committee on Legislative
12 Support Services.
13 (13) Board of Trustees of the University of
14 Illinois.
15 (14) Board of Trustees of Southern Illinois
16 University.
17 (15) Board of Trustees of Chicago State University.
18 (16) Board of Trustees of Eastern Illinois
19 University.
20 (17) Board of Trustees of Governors State
21 University.
22 (18) Board of Trustees of Illinois State
23 University.
24 (19) Board of Trustees of Northeastern Illinois
25 University.
26 (20) Board of Trustees of Northern Illinois
27 University.
28 (21) Board of Trustees of Western Illinois
29 University.
30 No new personnel position may be created to fill the
31 position of State purchasing officer.
32 (b) Legislative support services agencies. The State
33 purchasing officer appointed under subsection (a) by the
34 chair of the Joint Committee on Legislative Support Services
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1 shall serve as the State purchasing officer for the
2 legislative support services agencies during the term of the
3 chair.
4 (c) Central Management Services. The State purchasing
5 officer appointed under subsection (a) by the Director of
6 Central Management Services shall serve as the State
7 purchasing officer for all State agencies under the
8 jurisdiction of the Governor or Lieutenant Governor and all
9 State agencies outside the jurisdiction of any other State
10 purchasing officer.
11 Section 10-15. Delegation of authority. A State
12 purchasing officer may delegate procurement powers and duties
13 to any State agency under that officer's jurisdiction as
14 authorized by the Board.
15 ARTICLE 15
16 PROCUREMENT BULLETIN
17 Section 15-5. Publisher. The Board shall designate a
18 State agency responsible for publishing the Illinois
19 Procurement Bulletin.
20 Section 15-10. Contents. The Illinois Procurement
21 Bulletin shall contain notices and other information required
22 by this Code or by rules promulgated under this Code to be
23 published in the Illinois Procurement Bulletin. The rules of
24 the Board promulgated under this Section shall require
25 inclusion in the Bulletin sufficient information to
26 adequately inform the public of the nature of each contract.
27 Each issue shall include a comprehensive index of its
28 contents. A purchasing agency may also choose, as applicable
29 and in accordance with rules of the Board, to place notices
30 in the official State newspaper or a newspaper circulating in
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1 a locality relevant to the specified procurement.
2 Section 15-15. Publication. The Illinois Procurement
3 Bulletin shall be published at least twice monthly. It shall
4 be available through subscription for a minimal fee not
5 exceeding publication and distribution costs. The Illinois
6 Procurement Bulletin shall be distributed free to public
7 libraries within Illinois. A purchasing officer may on his
8 or her own authority authorize publication in electronic form
9 or in the official newspaper in addition to publication in
10 the Illinois Procurement Bulletin.
11 Section 15-20. Qualified bidders. Subscription to the
12 Illinois Procurement Bulletin shall not be required to
13 qualify as a bidder or offeror under this Code.
14 ARTICLE 20
15 SOURCE SELECTION AND CONTRACT FORMATION
16 Section 20-5. Method of source selection. Unless
17 otherwise authorized by law, all State contracts shall be
18 awarded by competitive sealed bidding, in accordance with
19 Section 20-10, except as provided in Sections 20-15, 20-20,
20 20-25, 20-30, 20-35, 30-15, and 40-20.
21 Section 20-10. Competitive sealed bidding.
22 (a) Conditions for use. All contracts shall be awarded
23 by competitive sealed bidding except as otherwise provided in
24 Section 20-5.
25 (b) Invitation for bids. An invitation for bids shall
26 be issued and shall include a purchase description and the
27 material contractual terms and conditions applicable to the
28 procurement.
29 (c) Public notice. Public notice of the invitation for
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1 bids shall be published in the Illinois Procurement Bulletin
2 at least 28 days before the date set in the invitation for
3 the opening of bids.
4 (d) Bid submission and opening. Bids shall be submitted
5 in a sealed form and shall be opened publicly in the presence
6 of one or more witnesses at the time and place designated in
7 the invitation for bids. The rules may provide for the
8 acceptance of bids submitted by fax, electronic data exchange
9 or by other methods. The name of each bidder, the amount of
10 each bid, and other relevant information as may be specified
11 by rule shall be recorded. After the award of the contract,
12 the winning bid and the record of each unsuccessful bid shall
13 be open to public inspection.
14 (e) Bid acceptance and bid evaluation. Bids shall be
15 unconditionally accepted without alteration or correction,
16 except as authorized in this Code. Bids shall be evaluated
17 based on the requirements set forth in the invitation for
18 bids, which may include criteria to determine acceptability
19 such as inspection, testing, quality, workmanship, delivery,
20 and suitability for a particular purpose. Those criteria
21 that will affect the bid price and be considered in
22 evaluation for award, such as discounts, transportation
23 costs, and total or life cycle costs, shall be objectively
24 measurable. The invitation for bids shall set forth the
25 evaluation criteria to be used. Only criteria set forth in
26 the invitation for bids may be used in the bid evaluation.
27 (f) Correction or withdrawal of bids. Correction or
28 withdrawal of inadvertently erroneous bids before or after
29 award, or cancellation of awards of contracts based on bid
30 mistakes, shall be permitted in accordance with rules of the
31 Board. After bid opening, no changes in bid prices or other
32 provisions of bids prejudicial to the interest of the State
33 or fair competition shall be permitted. All decisions to
34 permit the correction or withdrawal of bids based on bid
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1 mistakes shall be supported by written determination made by
2 a purchasing agency.
3 (g) Award. The contract shall be awarded with
4 reasonable promptness by written notice to the lowest
5 responsible and responsive bidder whose bid meets the
6 requirements and criteria set forth in the invitation for
7 bids.
8 (h) Multi-step sealed bidding. When it is considered
9 impracticable to initially prepare a purchase description to
10 support an award based on price, an invitation for bids may
11 be issued requesting the submission of unpriced offers to be
12 followed by an invitation for bids limited to those bidders
13 whose offers have been qualified under the criteria set forth
14 in the first solicitation.
15 Section 20-15. Competitive sealed proposals.
16 (a) Conditions for use.
17 (1) Competitive sealed proposals may be used when
18 the purchasing officer determines in writing that
19 competitive sealed bidding is either not practical or not
20 advantageous to the State.
21 (2) The Board may establish by rule additional
22 categories that may be procured by this method.
23 (3) When under rules it is determined in writing
24 that competitive sealed bidding is either not practical
25 or advantageous, a contract may be entered into by
26 competitive sealed proposals.
27 (b) Request for proposals. Proposals shall be solicited
28 through a request for proposals.
29 (c) Public notice. Public notice of the request for
30 proposals shall be published in the Illinois Procurement
31 Bulletin at least 28 days before the date set in the
32 invitation for the opening of proposals.
33 (d) Receipt of proposals. Proposals shall be opened
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1 publicly in the presence of one or more witnesses at the time
2 and place designated in the request for proposals, but
3 proposals shall be opened in a manner to avoid disclosure of
4 contents to competing offerors during the process of
5 negotiation. A register of proposals shall be prepared and
6 shall be open for public inspection after contract award. The
7 rules may provide for the acceptance of proposals submitted
8 by fax, electronic data exchange, or by other methods.
9 (e) Evaluation factors. The requests for proposals
10 shall state the relative importance of price and other
11 evaluation factors. Proposals shall be submitted in 2 parts:
12 the first, covering items except price; and the second,
13 covering price. The first part of all proposals shall be
14 evaluated and ranked prior to the opening of the second part
15 of all proposals.
16 (f) Discussion with responsible offerors and revisions
17 of proposals. As provided in the request for proposals and
18 under rules of the Board, discussions may be conducted with
19 responsible offerors who submit proposals determined to be
20 reasonably susceptible of being selected for award for the
21 purpose of clarifying and assuring full understanding of and
22 responsiveness to the solicitation requirements. Those
23 offerors shall be accorded fair and equal treatment with
24 respect to any opportunity for discussion and revision of
25 proposals. Revisions may be permitted after submission and
26 before award for the purpose of obtaining best and final
27 offers. In conducting discussions there shall be no
28 disclosure of any information derived from proposals
29 submitted by competing offerors.
30 (g) Award. Awards shall be made to the responsible
31 offeror whose proposal is determined in writing to be the
32 most advantageous to the State, taking into consideration
33 price and the evaluation factors set forth in the request for
34 proposals. No other factors or criteria shall be used in the
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1 evaluation. The contract file shall contain the basis on
2 which the award is made.
3 Section 20-20. Small purchases.
4 (a) Amount. Any individual procurement of supplies or
5 services not exceeding $25,000 may be made without
6 competitive sealed bidding. Procurements shall not be
7 artificially divided so as to constitute a small purchase
8 under this Section.
9 (b) Adjustment. Each July 1, the small purchase maximum
10 established in subsection (a) shall be adjusted for inflation
11 as determined by the Consumer Price Index for All Urban
12 Consumers as determined by the United States Department of
13 Labor and rounded to the nearest $100.
14 Section 20-25. Sole source procurements. Contracts may
15 be awarded without notice or competition when there is only
16 one economically feasible source for the item, including but
17 not limited to, contracts for specific works of art and for
18 the services of a particular artist. The procuring agency
19 shall maintain a list of contracts awarded on a sole source
20 basis including the reasons for determining the contractor
21 was the sole economically feasible source. The list and the
22 reasons shall be open to inspection, and shall be published
23 in the Illinois Procurement Bulletin in the issue published
24 after the contract is awarded.
25 Section 20-30. Emergency purchases.
26 (a) Conditions for use. In accordance with standards
27 set by the Board, a purchasing agency may make emergency
28 procurements without competitive sealed bidding or prior
29 notice when there exists a threat to public health or public
30 safety, or when immediate expenditure is necessary for
31 repairs to State property in order to protect against further
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1 loss of or damage to State property, to prevent or minimize
2 serious disruption in State services, or to ensure the
3 integrity of State records. Emergency procurements shall be
4 made with as much competition as is practicable under the
5 circumstances and as required by the rule of the Board. A
6 written description of the basis for the emergency and
7 reasons for the selection of the particular contractor shall
8 be included in the contract file.
9 (b) Notice. Before the 10th of each month, the
10 purchasing agency shall publish in the Illinois Procurement
11 Bulletin a copy of each written description and reasons and
12 the total cost of each emergency procurement made during the
13 previous month. When only an estimate of the total cost is
14 known at the time of publication, the estimate shall be
15 identified as an estimate and published. When the actual
16 total cost is determined, it shall also be published in like
17 manner before the 10th day of the next succeeding month.
18 (c) Affidavits. A purchasing agency making a
19 procurement under this Section shall file affidavits with
20 the Board and the Auditor General within 10 days after the
21 procurement setting forth the amount expended, the name of
22 the contractor involved, and the conditions and circumstances
23 requiring the emergency procurement. When only an estimate
24 of the cost is available within 10 days after the
25 procurement, the actual cost shall be reported immediately
26 after it is determined. At the end of each fiscal quarter,
27 the Auditor General shall file with the Legislative Audit
28 Commission and the Governor a complete listing of all
29 emergency procurements reported during that fiscal quarter.
30 The Legislative Audit Commission shall review the emergency
31 procurements so reported and, in its annual reports, advise
32 the General Assembly of procurements that appear to
33 constitute an abuse of this Section.
34 (d) Quick purchases. The Board may promulgate policies
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1 extending the circumstances by which a purchasing agency may
2 make purchases under this Section, including but not limited
3 to the procurement of items available at a discount for a
4 limited period of time.
5 Section 20-35. Competitive selection procedures.
6 (a) Conditions for use. The services specified in
7 Article 35 shall be procured in accordance with this Section,
8 except as authorized under Sections 20-25 and 20-30 of this
9 Article or as authorized by the Board in accordance with the
10 provisions of this Code.
11 (b) Statement of qualifications. Potential contractors
12 may submit statements of qualifications and expressions of
13 interest. The Board may specify a uniform format for
14 statements of qualifications. Persons may amend these
15 statements at any time by filing a new statement.
16 (c) Public announcement and form of request for
17 proposals. Public notice of the need for the procurement
18 shall be given in the form of a request for proposals and
19 published in the Illinois Procurement Bulletin at least 14
20 days before the date set in the request for proposals for the
21 opening of proposals. The request for proposals shall
22 describe the services required, list the type of information
23 and data required of each offeror, and shall state the
24 relative importance of particular qualifications.
25 (d) Discussions. The purchasing agency may conduct
26 discussions with any offeror who has submitted a proposal to
27 determine the offeror's qualifications for further
28 consideration. Discussions shall not disclose any
29 information derived from proposals submitted by other
30 offerors.
31 (e) Award. Award shall be made to the offeror
32 determined in writing by the purchasing agency to be best
33 qualified based on the evaluation factors set forth in the
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1 request for proposals and negotiation of compensation
2 determined to be fair and reasonable. If compensation cannot
3 be agreed upon with the best qualified offeror, then
4 negotiations shall be formally terminated with the selected
5 offeror. If proposals were submitted by one or more other
6 offerors determined to be qualified, negotiations may be
7 conducted with the other offeror or offerors, in the order of
8 their respective qualification ranking. The contract may be
9 awarded to the offeror then ranked as best qualified if the
10 amount of compensation is determined to be fair and
11 reasonable.
12 Section 20-37. Legal, medical, and related services. If
13 premature disclosure of the need for legal and related
14 services, or of the name of the law firm, attorney or related
15 service provider might jeopardize the State's ability to
16 formulate policy, its position in litigation, and for other
17 such reasons, legal and related services may be procured
18 without notice of competition. If a person's health is in
19 jeopardy, medical services may be procured without notice of
20 competition. The procuring agency shall maintain a list of
21 contracts awarded under these provisions including the reason
22 why a competitive method of source selection was not used.
23 The list and the reasons shall be open to inspection after
24 the purchasing officer determines that release of the list
25 would no longer jeopardize the State's ability to formulate
26 policy, its position in litigation, or similar reasons no
27 longer exist.
28 Section 20-38. Other government contracts. Notice and
29 competition is not required by the General Services
30 Administration, or when it is determined that use of a
31 contract established by another governmental entity is in the
32 State's best interest.
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1 Section 20-39. Sheltered workshops and supported
2 employees. Goods and services may be procured without notice
3 and competition from businesses which meet the requirements
4 set forth in Sections 45-35 and 45-37.
5 Section 20-40. Cancellation of invitations for bids or
6 requests for proposals. An invitation for bids, a request
7 for proposals, or any other solicitation may be cancelled, or
8 any and all bids or proposals may be rejected in whole or in
9 part as may be specified in the solicitation, when it is in
10 the best interests of the State in accordance with rules
11 promulgated by the Board. The reasons for cancellation or
12 rejection shall be made part of the contract file.
13 Section 20-45. Prequalification of suppliers. The Board
14 shall promulgate rules for the development of prequalified
15 supplier lists for appropriate categories of purchases and
16 the periodic updating of those lists.
17 Section 20-50. Specifications. Specifications shall be
18 prepared in accordance with standards promulgated by the
19 Board. Those standards shall include a prohibition against
20 the use of brand-name products except under specified
21 circumstances and a restriction on the use of specifications
22 drafted by a potential bidder. All specifications shall seek
23 to promote overall economy for the purposes intended and
24 encourage competition in satisfying the State's needs and
25 shall not be unduly restrictive.
26 Section 20-55. Types of contracts. Subject to the
27 limitations of this Section and unless otherwise authorized
28 by law, any type of contract that will promote the best
29 interests of the State may be used, except that
30 cost-plus-a-percentage-of-cost contracts are prohibited. A
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1 cost-reimbursement contract may be used only when a
2 determination is made in writing that a cost-reimbursement
3 contract is likely to be less costly to the State than any
4 other type or that it is impracticable to obtain the item
5 required except under that type of contract. The general
6 form of contracts shall be specified by the Comptroller.
7 Section 20-60. Duration of contracts.
8 (a) Maximum duration. A contract may be entered into
9 for any period of time deemed by the Board to be in the best
10 interests of the State but not exceeding 10 years. The
11 length of a lease for real property or capital improvements
12 may be in accordance with the provisions of Section 40-25.
13 (b) Subject to appropriation. All contracts made or
14 entered into shall recite that they are subject to
15 termination and cancellation in any year for which the
16 General Assembly fails to make an appropriation to make
17 payments under the terms of the contract.
18 Section 20-65. Right to audit records.
19 (a) Maintenance of books and records. Every contract
20 and subcontract shall require the contractor or
21 subcontractor, as applicable, to maintain books and records
22 relating to the performance of the contract or subcontract
23 and necessary to support amounts charged to the State under
24 the contract or subcontract. The books and records shall be
25 maintained by the contractor for a period of 3 years from the
26 later of the date of final payment under the contract or
27 completion of the contract and by the subcontractor for a
28 period of 3 years from the later of the date of final payment
29 under the subcontract or completion of the subcontract.
30 However, the 3-year period shall be extended for the duration
31 of any audit in progress at the time of that period's
32 expiration.
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1 (b) Audit. Every contract and subcontract shall provide
2 that all books and records required to be maintained under
3 subsection (a) shall be available for review and audit by the
4 Auditor General and the purchasing agency. Every contract
5 and subcontract shall require the contractor and
6 subcontractor, as applicable, to cooperate fully with any
7 audit.
8 (c) Failure to maintain books and records. Failure to
9 maintain the books and records required by this Section shall
10 establish a presumption in favor of the State for the
11 recovery of any funds paid by the State for which required
12 books and records are not available.
13 Section 20-70. Finality of determinations.
14 Determinations made by a purchasing agency under this Code
15 are final and conclusive unless they are clearly erroneous,
16 arbitrary, capricious, or contrary to law.
17 Section 20-75. Disputes and protests. The Board shall
18 by rule establish procedures to be followed by purchasing
19 agencies in resolving protested solicitations and awards and
20 contract controversies, for debarment or suspension of
21 contractors, and for resolving other procurement-related
22 disputes.
23 Section 20-80. Contract files.
24 (a) Written determinations. All written determinations
25 required under this Article shall be placed in the contract
26 file maintained by the purchasing agency.
27 (b) Filing with Comptroller. Whenever a contract
28 liability, except for:
29 (1) contracts paid from personal services, or
30 (2) contracts between the State and its employees
31 to defer compensation in accordance with Article 24 of
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1 the Illinois Pension Code
2 exceeding $5,000 is incurred by any State agency, a copy of
3 the contract, purchase order, or lease shall be filed with
4 the Comptroller within 15 days thereafter. Any cancellation
5 or modification to any such contract liability shall be filed
6 with the Comptroller within 15 days of its execution.
7 (c) Late filing affidavit. When a contract, purchase
8 order, or lease required to be filed by this Section has not
9 been filed within 30 days of execution, the Comptroller shall
10 refuse to issue a warrant for payment thereunder until the
11 agency files with the Comptroller the contract, purchase
12 order, or lease and an affidavit, signed by the chief
13 executive officer of the agency or his or her designee,
14 setting forth an explanation of why the contract liability
15 was not filed within 30 days of execution. A copy of this
16 affidavit shall be filed with the Auditor General.
17 (d) Professional and artistic services contracts. No
18 voucher shall be submitted to the Comptroller for a warrant
19 to be drawn for the payment of money from the State treasury
20 or from other funds held by the State Treasurer on account of
21 any contract for services involving professional or artistic
22 skills involving an expenditure of more than $5,000 for the
23 same type of service at the same location during any fiscal
24 year unless the contract is reduced to writing before the
25 services are performed and filed with the Comptroller. When
26 a contract for professional or artistic skills in excess of
27 $5,000 was not reduced to writing before the services were
28 performed, the Comptroller shall refuse to issue a warrant
29 for payment for the services until the State agency files
30 with the Comptroller:
31 (1) a written contract covering the services, and
32 (2) an affidavit, signed by the chief executive
33 officer of the State agency or his or her designee,
34 stating that the services for which payment is being made
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1 were agreed to before commencement of the services and
2 setting forth an explanation of why the contract was not
3 reduced to writing before the services commenced.
4 A copy of this affidavit shall be filed with the Auditor
5 General. The Comptroller shall maintain professional or
6 artistic service contracts filed under this Section
7 separately from other filed contracts.
8 (e) Method of source selection. When a contract is
9 filed with the Comptroller under this Section, the
10 Comptroller's file shall identify the method of source
11 selection used in obtaining the contract.
12 ARTICLE 25
13 SUPPLIES AND SERVICES (EXCLUDING
14 PROFESSIONAL OR ARTISTIC)
15 Section 25-5. Applicability. All contracts for supplies
16 and services shall be procured in accordance with the
17 provisions of this Article.
18 Section 25-10. Authority. State purchasing officers
19 shall have the authority to procure supplies and services,
20 except as that authority may be limited by the Board or
21 delegated by the State purchasing officer in accordance with
22 Section 10-15.
23 Section 25-15. Method of source selection.
24 (a) Competitive sealed bidding. Except as provided in
25 subsection (b) and Sections 20-20, 20-25, and 20-30, all
26 State contracts for supplies and services shall be awarded by
27 competitive sealed bidding in accordance with Section 20-10.
28 (b) Other methods. The Board shall establish by rule
29 categories of purchases that may be made without competitive
30 sealed bidding and the most competitive alternate method of
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1 source selection that shall be used for each category of
2 purchase.
3 Section 25-20. Prevailing wage requirements.
4 (a) Applicability. All services furnished under
5 printing contracts exceeding $25,000 and under service
6 contracts exceeding $2,000 or $200 per month shall be
7 performed by employees of the contractor receiving the
8 prevailing wage rate and working under conditions prevalent
9 in the locality in which the work is produced. A contract
10 bidder or offeror, in order to be considered a responsible
11 bidder or offeror for the purposes of this Code, shall
12 certify to the State purchasing officer that wages paid to
13 its employees are no less, and fringe benefits and working
14 conditions of employees are not less favorable, than those
15 prevailing in the locality where the contract is to be
16 performed. Prevailing wages and working conditions shall be
17 determined by the Director of Labor. Whenever a collective
18 bargaining agreement is in effect between an employer, other
19 than a State agency, and service or printing employees as
20 defined in this Section who are represented by a responsible
21 organization that is in no way influenced or controlled by
22 the management, that agreement and its provisions shall be
23 considered as conditions prevalent in that locality and shall
24 be the minimum requirements taken into consideration by the
25 Director of Labor. Collective bargaining agreements between
26 State employees and the State of Illinois shall not be taken
27 into account by the Department of Labor in determining the
28 prevailing wage rate.
29 (b) Services and printing defined. As used in this
30 Section, "services" means janitorial cleaning services,
31 window cleaning services, food services, and security
32 services. "Printing" means all processes and operations
33 involved in printing and any type of photographic
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1 reproduction or other duplicating process, including but not
2 limited to letterpress, offset, and gravure processes, the
3 multilith method, any type of photographic or other
4 duplicating process, and the operations of composition,
5 platemaking, presswork, and binding; and the end products of
6 those processes, methods, and operations. As used in this
7 Section "printing" does not include photocopiers used in the
8 course of normal business activities, photographic equipment
9 used for geographic mapping, printed matter used in the
10 normal day to day operations of the General Assembly, the
11 printing of State Lottery tickets, shares, or other State
12 Lottery game related materials, or preprinted or printed
13 matter that is commonly available to the general public from
14 contractor inventory.
15 (c) Inapplicability. This Section does not apply to
16 services furnished under contracts for professional or
17 artistic services. This Section does not apply to vocational
18 programs of training for persons with physical or mental
19 disabilities.
20 Section 25-25. Printing cost offsets. The Board may
21 promulgate rules permitting the exchange of advertising
22 rights in or receipt of free copies of printed products
23 procured under this Article as a means of reducing printing
24 costs. The Board's rules shall specify the appropriate
25 method of source selection to be used to competitively
26 acquire printing cost offsets.
27 Section 25-30. More favorable terms. A supply or
28 service contract may include, if determined by a State
29 purchasing officer to be in the best interests of the State,
30 a clause requiring that if more favorable terms are granted
31 by the contractor to any similar state or local governmental
32 agency in any state in a contemporaneous agreement let under
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1 the same or similar financial terms and circumstances for
2 comparable supplies or services, the more favorable terms
3 shall be applicable under the contract.
4 Section 25-35. Purchase of coal and postage stamps.
5 (a) Delivery of necessary supplies. To avoid
6 interruption or impediment of delivery of necessary supplies,
7 commodities, and coal, State purchasing officers may make
8 purchases of or contracts for supplies and commodities after
9 April 30 of a fiscal year when delivery of the supplies and
10 commodities is to be made after June 30 of that fiscal year
11 and payment for which is to be made from appropriations for
12 the next fiscal year.
13 (b) Postage. All postage stamps purchased from State
14 funds must be perforated for identification purposes. A
15 General Assembly member may furnish the U.S. Post Office with
16 a warrant so as to allow for the creation or continuation of
17 a bulk rate mailing fund in the name of the General Assembly
18 member or may furnish a postage meter company or post office
19 with a warrant so as to facilitate the purchase of a postage
20 meter and its stamps. Any postage meter so purchased must
21 also contain a stamp that shall state "Official State Mail".
22 Section 25-40. Freight increases. If the Illinois
23 Department of Transportation provides by contract or
24 regulation that general increases in freight rates incurred
25 by a contractor after entering into the contract may be added
26 to the contract price or passed through to the Department,
27 then this remedy shall be available to the contractor whether
28 the increased general freight rates are for railroads, barge
29 lines, or motor carriers of property.
30 Section 25-45. Energy conservation program. State
31 purchasing officers may enter into energy conservation
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1 program contracts that provide for utility cost savings. The
2 Board shall promulgate and adopt rules for the implementation
3 of this Section.
4 Section 25-50. Human services. Every purchasing agency
5 that contracts or provides grants for human services may,
6 upon request of the service provider, review the contract or
7 grant, upon notification by the provider that the cost of the
8 provider's property and casualty insurance has increased by
9 25% or more. The purchasing agency may adjust the existing
10 contract or grant with the service provider in accordance
11 with any agreement reached and subject to the limitations of
12 that agency's appropriated funds. For purposes of this
13 Section the revised contract amount shall not exceed the
14 percentage calculated by dividing the total contract or grant
15 amount by the provider's total budget as agreed to by the
16 purchasing agency.
17 Section 25-55. Annual reports. Every printed annual
18 report produced by a State agency shall bear a statement
19 indicating whether it was printed by the State of Illinois or
20 by contract and indicating the printing cost per copy and the
21 number of copies printed. The Department of Central
22 Management Services shall prepare and submit to the General
23 Assembly on the fourth Wednesday of January in each year a
24 report setting forth with respect to each State agency for
25 the calendar year immediately preceding the calendar year in
26 which the report is filed the total quantity of annual
27 reports printed, the total cost, and the cost per copy and
28 the cost per page of the annual report of the State agency
29 printed during the calendar year covered by the report.
30 Section 25-60. General Assembly printing; session laws.
31 (a) Authority. Public printing for the use of either
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1 House of the General Assembly shall be subject to its
2 control. Any printing or operation of printing that the
3 Legislative Printing Unit is unable to perform may be
4 purchased in accordance with this Article.
5 (b) Time of delivery. Daily calendars, journals, and
6 other similar printing for which manuscript or copy is
7 delivered to the Legislative Printing Unit by the clerical
8 officer of either House shall be printed so as to permit
9 delivery at any reasonable time required by the clerical
10 officer. Any petition, bill, resolution, joint resolution,
11 memorial, and similar manuscript or copy delivered to the
12 Legislative Printing Unit by the clerical officer of either
13 House shall be printed at any reasonable time required by
14 that officer.
15 (c) Style. The manner, form, style, size, and
16 arrangement of type used in printing the bills, resolutions,
17 amendments, conference reports, and journals, including daily
18 journals, of the General Assembly shall be as provided in the
19 Rules of the General Assembly.
20 (d) Daily journal. The Clerk of the House of
21 Representatives and the Secretary of the Senate shall each
22 prepare and deliver to the Legislative Printing Unit,
23 immediately after the close of each daily session, a
24 printer's copy of the daily journal for their respective
25 House.
26 (e) Daily and bound journals.
27 (1) Subscriptions. The Legislative Printing Unit
28 shall have printed the number of copies of the daily
29 journal as may be requested by the clerical officer of
30 each House. The Secretary of the Senate and the Clerk of
31 the House of Representatives shall furnish a copy of each
32 daily journal of their respective House to those persons
33 who apply therefor upon payment of a reasonable
34 subscription fee established separately by the Secretary
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1 of the Senate and the Clerk of the House for their
2 respective House. Each subscriber shall specify at the
3 time he or she subscribes the address where he or she
4 wishes the journals mailed. The daily journals shall be
5 furnished free of charge on a pickup basis to State
6 offices and to the public as long as the supply lasts.
7 The Secretary of the Senate and the Clerk of the House
8 shall determine the number of journals available for
9 pickup at their respective offices.
10 (2) Other copies. After the General Assembly
11 adjourns, the Clerk of the House and the Secretary of the
12 Senate shall prepare and deliver to the Legislative
13 Printing Unit a printer's copy of matter for the regular
14 House and Senate journals, together with any matter, not
15 previously printed in the daily journals, that is
16 required by law, by order of either House, or by joint
17 resolution to be printed in the journals. The
18 Legislative Printing Unit shall have printed the number
19 of copies of the bound journal as may be requested by the
20 clerical officer of each House. A reasonable number of
21 bound volumes of the journal of each House of the General
22 Assembly shall be provided to State and local officers,
23 boards, commissions, institutions, departments, agencies,
24 and libraries requesting them through canvasses conducted
25 separately by the Secretary of the Senate and the Clerk
26 of the House. Reasonable fees established separately by
27 the Secretary of the Senate and the Clerk of the House
28 may be charged for bound volumes of the journal of each
29 House of the General Assembly.
30 (f) Session laws. Immediately after the General Assembly
31 adjourns, the Secretary of State shall prepare a printer's
32 copy for the "Session Laws of Illinois" that shall set forth
33 in full all Acts and joint resolutions passed by the General
34 Assembly at the session just concluded and all executive
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1 orders of the Governor taking effect under Article V, Section
2 11 of the Constitution and the Executive Reorganization
3 Implementation Act. The printer's copy shall be furnished
4 and delivered to the Secretary of State by the Enrolling and
5 Engrossing Department of the 2 Houses. At the time an
6 enrolled law is filed with the Secretary of State, whether
7 before or after the conclusion of the session in which it was
8 passed, it shall be assigned a Public Act number, the first
9 part of which shall be the number of the General Assembly
10 followed by a dash and then a number showing the order in
11 which that law was filed with the Secretary of State. The
12 title page of each volume of the session laws shall contain
13 the following: "Printed by the authority of the General
14 Assembly of the State of Illinois". The laws shall be
15 arranged by the Secretary of State and printed in the
16 chronological order of Public Act numbers. At the end of
17 each Act the dates when the Act was passed by the General
18 Assembly and when the Act was approved by the Governor shall
19 be stated. Any Act becoming law without the approval of the
20 Governor shall be marked at its end in the session laws by
21 the printed certificate of the Secretary of State. Executive
22 orders taking effect under Article V, Section 11 of the
23 Constitution and the Executive Reorganization Implementation
24 Act shall be printed in chronological order of executive
25 order number and shall state at the end of each executive
26 order the date it was transmitted to the General Assembly and
27 the date it takes effect. In the case of an amendatory Act,
28 the changes made by the amendatory Act shall be indicated in
29 the session laws in the following manner: (i) all new matter
30 shall be printed in italics; and (ii) all matter deleted by
31 the amendatory Act shall be shown crossed with a line. The
32 Secretary of State shall prepare and furnish a table of
33 contents and an index to each volume of the session laws.
34 (g) Distribution. The bound volumes of the session laws
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1 of the General Assembly shall be made available to the
2 following:
3 (1) one copy of each to each State officer, board,
4 commission, institution, and department requesting a copy
5 in accordance with a canvass conducted by the Secretary
6 of State before the printing of the session laws except
7 judges of the appellate courts and judges and associate
8 judges of the circuit courts;
9 (2) 10 copies to the law library of the Supreme
10 Court; one copy each to the law libraries of the
11 appellate courts; and one copy to each of the county law
12 libraries or, in those counties without county law
13 libraries, one copy to the clerk of the circuit court;
14 (3) one copy of each to each county clerk;
15 (4) 10 copies of each to the library of the
16 University of Illinois;
17 (5) 3 copies of each to the libraries of the
18 University of Illinois at Chicago, Southern Illinois
19 University at Carbondale, Southern Illinois University at
20 Edwardsville, Northern Illinois University, Western
21 Illinois University, Eastern Illinois University,
22 Illinois State University, Chicago State University,
23 Northeastern Illinois University, Chicago Kent College of
24 Law, DePaul University, John Marshall Law School, Loyola
25 University, Northwestern University, Roosevelt
26 University, and the University of Chicago;
27 (6) a number of copies sufficient for exchange
28 purposes to the Legislative Reference Bureau and the
29 University of Illinois College of Law Library;
30 (7) a number of copies sufficient for public
31 libraries in the State and the State Library; and
32 (8) the remainder shall be retained for
33 distribution as the interests of the State may require to
34 persons making application in writing or in person for
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1 the publication.
2 (h) Messages and reports. The following shall be
3 printed in a quantity not to exceed the maximum stated in
4 this subsection and bound and distributed at public expense:
5 (1) messages to the General Assembly by the
6 Governor, 10,000 copies;
7 (2) the biennial report of the Lieutenant Governor,
8 1,000 copies;
9 (3) the biennial report of the Secretary of State,
10 3,000 copies;
11 (4) the biennial report of the State Comptroller,
12 5,000 copies;
13 (5) the biennial report of the State Treasurer,
14 3,000 copies;
15 (6) the annual report of the State Board of
16 Education, 6,000 copies; and
17 (7) the biennial report and annual opinions of the
18 Attorney General, 5,000 copies.
19 The reports of all other State officers, boards,
20 commissions, institutions, and departments shall be printed,
21 bound, and distributed at public expense in a number of
22 copies determined from previous experience not to exceed the
23 probable and reasonable demands of the State therefor. Any
24 other report required by law to be made to the Governor
25 shall, upon his or her order, be printed in the quantity
26 ordered by the Governor, bound and distributed at public
27 expense.
28 (i) Prohibition. All books, pamphlets, documents, and
29 reports published through or by the State of Illinois or any
30 State agency, board, or commission shall have printed thereon
31 "Printed by authority of the State of Illinois", the date of
32 each publication, the number of copies printed, and the
33 printing order number. Each using agency shall be
34 responsible for ascertaining the compliance of printing
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1 materials procured by or for it with this subsection. No
2 printing or reproduction contract shall be let and no
3 printing or reproduction shall be accomplished when that
4 wording does not appear on the material to be printed or
5 reproduced. No publication may have written, stamped, or
6 printed on it, or attached to it, "Compliments of ........
7 (naming a person)" or any words of similar import.
8 Section 25-65. Federal requirements. A State agency
9 receiving federal-aid funds, grants or loans shall have
10 authority to adapt its procedures, rules, project statements,
11 drawings, maps, surveys, plans, specifications, contract
12 terms, estimates, bid forms, bond forms, and other documents
13 or practices to comply with the regulations, policies, and
14 procedures of the designated authority, administration or
15 department of the United States in order to remain eligible
16 for such federal-aid funds, grants, or loans.
17 Section 25-70. Foreign country procurements.
18 Procurements to meet the needs of State offices located in
19 foreign countries shall comply with the provisions of this
20 Code to the extent practical.
21 Section 25-75. Donations. Nothing in this Code or in
22 the rules promulgated hereunder shall prevent any State
23 agency from complying with the terms and conditions of any
24 grant, gift, or bequest which calls for the procurement of a
25 particular good or service, or use of a particular
26 contractor, provided the grant, gift, or bequest provides
27 complete funding for the contract.
28 ARTICLE 30
29 CONSTRUCTION AND CONSTRUCTION-
30 RELATED PROFESSIONAL SERVICES
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1 Section 30-5. Applicability. Construction and
2 construction-related professional services shall be procured
3 in accordance with this Article.
4 Section 30-10. Authority. Construction agencies shall
5 have the authority to procure construction and
6 construction-related professional services.
7 Section 30-15. Method of source selection.
8 (a) Competitive sealed bidding. Except as provided in
9 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
10 20-30, all State construction contracts shall be awarded by
11 competitive sealed bidding in accordance with Section 20-10.
12 (b) Other methods. The Board shall establish by rule
13 construction purchases that may be made without competitive
14 sealed bidding and the most competitive alternate method of
15 source selection that shall be used.
16 (c) Construction-related professional services. All
17 construction-related professional services contracts shall be
18 awarded in accordance with the provisions of the
19 Architectural, Engineering, and Land Surveying Qualifications
20 Based Selection Act. "Professional services" means those
21 services within the scope of the practice of architecture,
22 professional engineering, structural engineering, or
23 registered land surveying, as defined by the laws of this
24 State.
25 (d) Correctional facilities. Remodeling and
26 rehabilitation projects at correctional facilities under
27 $25,000 funded from the General Revenue Fund are exempt from
28 the provisions of this Article. The Department of
29 Corrections may use inmate labor for the remodeling or
30 rehabilitation of correctional facilities on those projects
31 under $25,000 funded from the General Revenue Fund.
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1 Section 30-20. Prequalification. The Board shall
2 promulgate rules for the development of prequalified supplier
3 lists for construction and construction-related professional
4 services and the periodic updating of those lists.
5 Construction and construction-related professional services
6 contracts over $25,000 may be awarded to any qualified
7 suppliers.
8 Section 30-25. Retention of a percentage of contract
9 price. Whenever any contract entered into by a construction
10 agency for the repair, remodeling, renovation, or
11 construction of a building or structure, for the construction
12 or maintenance of a highway, as those terms are defined in
13 Article 2 of the Illinois Highway Code, or for the
14 reclamation of abandoned lands as those terms are defined in
15 Article I of the Abandoned Mined Lands and Water Reclamation
16 Act provides for the retention of a percentage of the
17 contract price until final completion and acceptance of the
18 work, upon the request of the contractor and with the
19 approval of the construction agency the amount so retained
20 may be deposited under a trust agreement with an Illinois
21 bank of the contractor's choice and subject to the approval
22 of the construction agency. The contractor shall receive any
23 interest on the deposited amount. Upon application by the
24 contractor, the trust agreement must contain, at a minimum,
25 the following provisions:
26 (1) the amount to be deposited subject to the
27 trust;
28 (2) the terms and conditions of payment in case of
29 default by the contractor;
30 (3) the termination of the trust agreement upon
31 completion of the contract; and
32 (4) the contractor shall be responsible for
33 obtaining the written consent of the bank trustee and for
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1 any costs or service fees.
2 The trust agreement may, at the discretion of the
3 construction agency and upon request of the contractor,
4 become effective at the time of the first partial payment in
5 accordance with existing statutes and rules of the Board.
6 Section 30-30. Contracts in excess of $250,000. For
7 construction contracts in excess of $250,000, separate
8 specifications shall be prepared for all equipment, labor,
9 and materials in connection with the following 5 subdivisions
10 of the work to be performed:
11 (1) plumbing;
12 (2) heating, piping, refrigeration, and automatic
13 temperature control systems, including the testing and
14 balancing of those systems;
15 (3) ventilating and distribution systems for
16 conditioned air, including the testing and balancing of
17 those systems;
18 (4) electric wiring; and
19 (5) general contract work.
20 The specifications must be so drawn as to permit separate
21 and independent bidding upon each of the 5 subdivisions of
22 work. All contracts awarded for any part thereof shall award
23 the 5 subdivisions of work separately to responsible and
24 reliable persons, firms, or corporations engaged in these
25 classes of work. The contracts, at the discretion of the
26 construction agency, may be assigned to the successful bidder
27 on the general contract work or to the successful bidder on
28 the subdivision of work designated by the construction agency
29 before the bidding as the prime subdivision of work, provided
30 that all payments will be made directly to the contractors
31 for the 5 subdivisions of work upon compliance with the
32 conditions of the contract. A contract may be let for one or
33 more buildings in any project to the same contractor. The
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1 specifications shall require, however, that unless the
2 buildings are identical, a separate price shall be submitted
3 for each building. The contract may be awarded to the lowest
4 responsible bidder for each or all of the buildings included
5 in the specifications.
6 Section 30-35. Expenditure in excess of contract price.
7 (a) Germaneness. No funds in excess of the contract
8 price may be obligated or expended unless the additional work
9 to be performed or materials to be furnished is germane to
10 the original contract. Even if germane to the original
11 contract, no additional expenditures or obligations may, in
12 their total combined amounts, be in excess of the percentages
13 of the original contract amount set forth in subsection (b)
14 unless they have received the prior written approval of the
15 construction agency. In the event that the total of the
16 combined additional expenditures or obligations exceeds the
17 percentages of the original contract amount set forth in
18 subsection (b), the construction agency shall investigate all
19 the additional expenditures or obligations in excess of the
20 original contract amount and shall in writing approve or
21 disapprove subsequent expenditures or obligations and state
22 in detail the reasons for the approval or disapproval.
23 (b) Written determination required. When the contract
24 amount is no more than $75,000, the percentage shall be 9%
25 (maximum $6,750). When the contract amount is between
26 $75,001 and $200,000, the percentage shall be 7% of the
27 amount above $75,000 plus $6,750, but not to exceed 7% of
28 $200,000 (maximum $14,000). When the contract amount is
29 between $200,001 and $500,000, the percentage shall be 5% of
30 the amount above $200,000 plus $14,000, but not to exceed 5%
31 of $500,000 (maximum $25,000). When the contract amount is
32 in excess of $500,000, the percentage shall be 3% of the
33 amount above $500,000 plus $25,000.
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1 Section 30-40. Certification. Any contract entered into
2 or expenditure of funds by a construction agency for
3 remodeling, renovation, or construction, involving an
4 expenditure in excess of $5,000, shall be subject to the
5 supervision of a licensed architect or engineer. No payment
6 shall be made for the remodeling, renovation, or construction
7 unless the vouchers or invoice for the work is accompanied by
8 a written certificate of the licensed architect or engineer
9 that the payment represents work satisfactorily completed,
10 labor, or materials incorporated in or stored at the site of
11 the work; provided, periodic payments can be made during the
12 course of the work upon a certificate of the licensed
13 architect or engineer indicating the proportionate amount of
14 the total work completed satisfactorily.
15 Section 30-45. Other Acts. This Article is subject to
16 applicable provisions of the following Acts:
17 (1) the Prevailing Wage Act;
18 (2) the Public Construction Bond Act;
19 (3) the Public Works Employment Discrimination Act;
20 (4) the Public Works Preference Act;
21 (5) the Employment of Illinois Workers on Public
22 Works Act;
23 (6) the Public Contract Fraud Act; and
24 (7) the Illinois Construction Evaluation Act.
25 ARTICLE 35
26 PROFESSIONAL OR ARTISTIC SERVICES
27 Section 35-5. Applicability. All contracts for
28 professional or artistic services shall be procured in
29 accordance with the provisions of this Article.
30 Section 35-10. Authority. Each State agency shall have
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1 the authority to procure its own professional or artistic
2 services.
3 Section 35-15. Method of source selection.
4 (a) Competitive selection procedures. Except as
5 provided in subsection (b) and Sections 20-25 and 20-30, all
6 State contracts for professional or artistic services of
7 $25,000 or more shall be awarded by a competitive request for
8 proposal process in accordance with this Section and Section
9 20-35.
10 (b) Other methods. The Board shall identify categories
11 of professional and artistic services and shall determine the
12 method of source selection that is in the best interests of
13 the State for each category. A State agency may award a
14 professional or artistic service contract by a method of
15 source selection other than the method designated by the
16 Board for that category of service only when justified in
17 writing to the Board and approved by the Board in advance of
18 the award.
19 (c) If a State agency awards a professional or artistic
20 service contract exceeding $25,000 to a party other than the
21 lowest bidder, the State purchasing officer must forward a
22 written decision together with the contract notice of who the
23 lowest bidder was to the Board, which shall publish the
24 decision in the next issue of the Illinois Procurement
25 Bulletin.
26 Section 35-20. Uniformity in procurement.
27 (a) The Board shall develop, cause to be printed, and
28 distribute uniform documents for the solicitation, review,
29 and acceptance of all professional and artistic services.
30 (b) All State purchasing officers and their designees
31 shall use the uniform procedures and forms specified in this
32 Code for all professional and artistic services.
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1 (c) These forms shall include in detail, in writing, at
2 least:
3 (1) a description of the goal to be achieved;
4 (2) the services to be performed;
5 (3) the need for the service;
6 (4) the qualifications that are necessary; and
7 (5) a plan for post-performance review.
8 Section 35-25. Uniformity in contract.
9 (a) The Board shall develop, cause to be printed, and
10 distribute uniform documents for the contracting of
11 professional and artistic services.
12 (b) All State purchasing officers and their designees
13 shall use these uniform contracts and forms in contracting
14 for all professional and artistic services.
15 (c) These contracts and forms shall include in detail,
16 in writing, at least:
17 (1) the detail listed in subsection (c) of Section
18 35-20;
19 (2) the duration of the contract, with a schedule
20 of delivery, when applicable;
21 (3) the method for charging and measuring cost
22 (hourly, per day, etc.);
23 (4) the rate of remuneration; and
24 (5) the maximum price.
25 Section 35-35. Subcontractors.
26 (a) Use specified. Any contract for professional or
27 artistic services shall state whether the services of a
28 subcontractor will be used. The contract shall include the
29 names and addresses of all subcontractors and the anticipated
30 amount of money that they will receive under the contract.
31 (b) Amendment. If at any time a contractor for
32 professional or artistic services that had not intended to
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1 use the services of a subcontractor decides to use a
2 subcontractor, the contractor and the State agency shall file
3 an amendment to the original contract with the Comptroller
4 stating the names and addresses of all subcontractors and the
5 anticipated amount of money that they will receive under the
6 original contract.
7 ARTICLE 40
8 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
9 Section 40-5. Applicability. All leases for real
10 property or capital improvements, including office and
11 storage space, buildings, and other facilities for State
12 agencies, shall be procured in accordance with the provisions
13 of this Article.
14 Section 40-10. Authority. State purchasing officers
15 shall have the authority to procure leases for real property
16 or capital improvements, except as that authority may be
17 limited by the Board or delegated by the State purchasing
18 officer in accordance with Section 10-15.
19 Section 40-15. Method of source selection.
20 (a) Request for information. Except as provided in
21 subsections (b) and (c), all State contracts for leases of
22 real property or capital improvements shall be awarded by a
23 request for information process in accordance with Section
24 40-20.
25 (b) Other methods. A request for information process
26 need not be used in procuring any of the following leases:
27 (1) Property of less than 10,000 square feet.
28 (2) Rent of less than $100,000 per year.
29 (3) Duration of less than one year that cannot be
30 renewed.
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1 (4) Specialized space available at only one
2 location.
3 (c) Leases with governmental units. Leases with other
4 governmental units may be negotiated without using the
5 request for information process when deemed by the Board to
6 be in the best interest of the State.
7 Section 40-20. Request for information.
8 (a) Conditions for use. Leases shall be procured by
9 request for information except as otherwise provided in
10 Section 40-15.
11 (b) Form. A request for information shall be issued and
12 shall include:
13 (1) the type of property to be leased;
14 (2) the proposed uses of the property;
15 (3) the duration of the lease;
16 (4) the preferred location of the property; and
17 (5) a general description of the configuration
18 desired.
19 (c) Public notice. Public notice of the request for
20 information for the availability of real property to lease
21 shall be published in the Illinois Procurement Bulletin at
22 least 14 days before the date set forth in the request for
23 receipt of responses and shall also be published in similar
24 manner in a newspaper of general circulation in the community
25 or communities where the using agency is seeking space.
26 (d) Response. The request for information response
27 shall consist of written information sufficient to show that
28 the respondent can meet minimum criteria set forth in the
29 request. State purchasing officers may enter into
30 discussions with respondents for the purpose of clarifying
31 State needs and the information supplied by the respondents.
32 On the basis of the information supplied and discussions, if
33 any, a State purchasing officer shall make a written
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1 determination identifying the responses that meet the minimum
2 criteria set forth in the request for information.
3 Negotiations shall be entered into with all qualified
4 respondents for the purpose of securing a lease that is in
5 the best interest of the State. A written report of the
6 negotiations shall be retained in the lease files and shall
7 include the reasons for the final selection. All leases
8 shall be reduced to writing and filed in accordance with the
9 provisions of Section 20-80.
10 (e) Exceptions. A request for information process need
11 not be used and the procurement may be negotiated when,
12 according to Board rules, the purchasing officer determines
13 that negotiations are in the best interest of the State in
14 the following situations:
15 (1) renewal or extension of leases;
16 (2) temporary space as defined by rule; or
17 (3) specialized space available at only one
18 location and parking.
19 Section 40-25. Length of leases.
20 (a) Maximum term. Leases shall be for a term not to
21 exceed 10 years and shall include a termination option in
22 favor of the State after 5 years.
23 (b) Renewal. Leases may include a renewal option. An
24 option to renew may be exercised only when a State purchasing
25 officer determines in writing that renewal is in the best
26 interest of the State.
27 (c) Subject to appropriation. All leases shall recite
28 that they are subject to termination and cancellation in any
29 year for which the General Assembly fails to make an
30 appropriation to make payments under the terms of the lease.
31 Section 40-30. Purchase option. Initial leases of all
32 space in entire, free-standing buildings shall include an
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1 option to purchase exerciseable by the State, unless the
2 purchasing officer determines that inclusion of such purchase
3 option is not in the State's best interest and makes that
4 determination in writing along with the reasons for making
5 that determination. Leases from governmental units and
6 not-for-profit entities are exempt from requirements of this
7 Section.
8 Section 40-35. Rent without occupancy. Except when
9 deemed by the Board to be in the best interest of the State,
10 no State agency may incur rental obligations before occupying
11 the space rented.
12 Section 40-40. Local site preferences. Upon the request
13 of the chief executive officer of a unit of local government,
14 leasing preferences may be given to sites located in
15 enterprise zones, tax increment districts, or redevelopment
16 districts.
17 ARTICLE 42
18 CONCESSIONS
19 Section 42-10. Concessions and leases of State property.
20 (a) Concessions, including the assignment, license,
21 sale, or transfer of interests in or rights to discoveries,
22 inventions, patents, or copyrightable works, and leases of
23 State property, including easements, may be entered into by
24 the State Agency with jurisdiction over the property, whether
25 tangible or intangible.
26 (b) All concessions and leases of State property shall
27 be reduced to writing and shall be awarded under the
28 provisions of Article 20 of the Code, except that the
29 contract shall be awarded to the highest and best bidder or
30 offeror.
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1 Section 42-20. Contract duration and terms. The
2 duration and terms of concessions and leases of State
3 property shall be in accordance with applicable law or rule.
4 ARTICLE 45
5 PREFERENCES
6 Section 45-5. Procurement preferences. To promote
7 business and employment opportunities in Illinois,
8 procurement preferences are established and shall be
9 applicable to any procurement made under this Code.
10 Section 45-10. Resident bidders.
11 (a) Amount of preference.
12 (1) A resident contractor shall be allowed a
13 preference as against a non-resident contractor in the
14 event of a tie bid.
15 (2) A resident contractor shall be allowed a
16 preference as against a non-resident contractor from any
17 state that gives or requires a preference to contractors
18 from that state. The preference shall be equal to the
19 preference given or required by the state of the
20 non-resident contractor.
21 (3) If only non-resident contractors are competing,
22 the purchasing agency is within its right to specify that
23 Illinois labor and manufacturing locations be used as a
24 part of the manufacturing process, if applicable. This
25 specification may be negotiated as part of the
26 procurement process.
27 (b) Residency. A resident bidder is a person authorized
28 to transact business in this State and having a bona fide
29 establishment for transacting business within this State
30 where it was actually transacting business on the date when
31 any bid for a public contract is first advertised or
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1 announced. A resident bidder includes a foreign corporation
2 duly authorized to transact business in this State that has a
3 bona fide establishment for transacting business within this
4 State where it was actually transacting business on the date
5 when any bid for a public contract is first advertised or
6 announced.
7 (c) Federal funds. This Section does not apply to any
8 contract for any project as to which federal funds are
9 available for expenditure when its provisions may be in
10 conflict with federal law or federal regulation.
11 Section 45-15. Soybean oil-based ink.
12 (a) Contracts requiring the procurement of printing
13 services shall specify the use of soybean oil-based ink
14 unless a State purchasing officer determines that another
15 type of ink is required to assure high quality and reasonable
16 pricing of the printed product.
17 (b) All other printing done by or for the State shall
18 use soybean oil-based ink unless the agency by or for whom
19 the printing is done determines that another type of ink is
20 required to assure high quality and reasonable pricing of the
21 printed product. Printing done by or for the State in
22 soybean oil-based ink shall state, if practical, that soybean
23 oil-based ink was used.
24 Section 45-20. Recycled materials. When a public
25 contract is to be awarded to the lowest responsible bidder,
26 an otherwise qualified bidder who will fulfill the contract
27 through the use of products made of recycled materials may,
28 on a pilot basis or in accordance with a pilot study, be
29 given preference over other bidders unable to do so, provided
30 that the cost included in the bid of products made of
31 recycled materials is not more than 10% greater than the cost
32 of products not made of recycled materials.
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1 Section 45-25. Recyclable paper. All paper purchased
2 for use by State agencies must be recyclable paper unless
3 recyclable paper cannot be used to meet the requirements of
4 the State agencies. State agencies shall determine their
5 paper requirements to allow the use of recyclable paper
6 whenever possible, including without limitation using plain
7 paper rather than colored paper that is not recyclable.
8 Section 45-30. Correctional industries. Notwithstanding
9 any other provision to the contrary, the Board shall, in
10 consultation with the Department of Corrections, determine
11 which articles, materials, industry related services, food
12 stuffs, and supplies that are produced or manufactured by
13 persons confined in institutions and facilities of the
14 Department of Corrections shall be given preference by
15 purchasing agencies procuring those items. The Board shall
16 develop and distribute to the various Procurement and Using
17 Agencies procedures for executing this Section.
18 Section 45-35. Sheltered workshops for the severely
19 handicapped.
20 (a) Qualification. Supplies and services may be
21 procured without advertising or calling for bids from any
22 qualified not-for-profit agency for the severely handicapped
23 that:
24 (1) complies with Illinois laws governing private
25 not-for-profit organizations;
26 (2) is certified as a sheltered workshop by the
27 Wage and Hour Division of the United States Department of
28 Labor; and
29 (3) meets the Department of Rehabilitation Services
30 (until July 1, 1997 and the Department of Human Services
31 on and after July 1, 1997) just standards for
32 rehabilitation facilities.
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1 (b) Participation. To participate, the not-for-profit
2 agency must have indicated an interest in providing the
3 supplies and services, must meet the specifications and needs
4 of the using agency, and must set a fair market price.
5 (c) Committee. There is created within the Department
6 of Central Management Services a committee to facilitate the
7 purchase of products and services of persons so severely
8 handicapped by a physical or mental disability that they
9 cannot engage in normal competitive employment. The
10 committee shall consist of the Director of Central Management
11 Services, the Director of Mental Health and Developmental
12 Disabilities until July 1, 1997, the Director of
13 Rehabilitation Services until July 1, 1997, the Director of
14 Human Services on and after July 1, 1997, and 2
15 representatives from private business and 2 public members
16 all appointed by the Governor who are knowledgeable in the
17 needs and concerns of rehabilitation facilities in Illinois.
18 The public members shall serve 2 year terms, commencing upon
19 appointment and every 2 years thereafter. A public member
20 may be reappointed, and vacancies may be filled by
21 appointment for the completion of the term. The members
22 shall serve without compensation but shall be reimbursed for
23 expenses at a rate equal to that of State employees on a per
24 diem basis by the Department of Central Management Services.
25 All members shall be entitled to vote on issues before the
26 committee.
27 The committee shall have the following powers and duties:
28 (1) To request from any State agency information as
29 to product specification and service requirements in
30 order to carry out its purpose.
31 (2) To meet quarterly or more often as necessary to
32 carry out its purposes.
33 (3) To request a quarterly report from each
34 participating qualified not-for-profit agency for the
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1 severely handicapped describing the volume of sales for
2 each product or service sold under this Section.
3 (4) To prepare a report for the Governor annually.
4 (5) To prepare a publication that lists all
5 supplies and services currently available from any
6 qualified not-for-profit agency for the severely
7 handicapped. This list and any revisions shall be
8 distributed to all purchasing agencies.
9 (6) To encourage diversity in supplies and services
10 provided by qualified not-for-profit agencies for the
11 severely handicapped and discourage unnecessary
12 duplication or competition among facilities.
13 (7) To develop guidelines to be followed by
14 qualifying agencies for participation under the
15 provisions of this Section. The guidelines shall be
16 developed within 6 months after the effective date of
17 this Code and made available on a nondiscriminatory basis
18 to all qualifying agencies.
19 (8) To review all bids submitted under the
20 provisions of this Section and reject any bid for any
21 purchase that is determined to be substantially more than
22 the purchase would have cost had it been competitively
23 bid.
24 (d) Former committee. The committee created under
25 subsection (c) shall replace the committee created under
26 Section 7-2 of the Illinois Purchasing Act, which shall
27 continue to operate until the appointments under subsection
28 (c) are made.
29 Section 45-37. Purchases from qualified private business
30 with a supported employment work force. A State agency may
31 buy products and services, without advertising or using
32 competitive procedures, from a qualified private business
33 that:
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1 (1) complies with Illinois laws governing private,
2 for-profit enterprises;
3 (2) employs individuals meeting the definition of
4 supported employee;
5 (3) provides necessary supports to its supported
6 employees to assist them in maintaining their employment;
7 (4) provides its employees with an integrated
8 setting in which:
9 (A) at least 5% and not more than 20% of
10 employees are supported employees approved by the
11 Department of Rehabilitation Services or the
12 Department of Human Services;
13 (B) most interpersonal interactions of a
14 supported employment worker that are in or
15 associated with the work place are with employees of
16 that work place who are not supported employment
17 workers; and
18 (C) most (at least 50%) of the work expended
19 to produce the amount of the goods and services to
20 be sold to the State is provided by supported
21 employees;
22 (5) completes a Bidders Application form that is on
23 file with the Department of Central Management Services;
24 and
25 (6) meets the bid specifications or the needs of
26 the purchasing agency at a fair market price.
27 Those businesses must file a quarterly report with
28 Department of Central Management Services listing all
29 contracts with State agencies.
30 The State Use Committee is responsible for interpreting
31 the provisions of this Section and for monitoring and making
32 decisions regarding contracts under this Section.
33 Section 45-40. Gas mileage.
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1 (a) Specification. Contracts for the purchase or lease
2 of new passenger automobiles, other than station wagons,
3 vans, four-wheel drive vehicles, emergency vehicles, and
4 police and fire vehicles, shall specify the procurement of a
5 model that, according to the most current mileage study
6 published by the U.S. Environmental Protection Agency, can
7 achieve at least the minimum average fuel economy in miles
8 per gallon imposed upon manufacturers of vehicles under Title
9 V of The Motor Vehicle Information and Cost Savings Act.
10 (b) Exemptions. The State purchasing officer may exempt
11 procurements from the requirement of subsection (a) when
12 there is a demonstrated need, submitted in writing, for an
13 automobile that does not meet the minimum average fuel
14 economy standards. The Board shall promulgate rules for
15 determining need consistent with the intent of this Section.
16 Section 45-45. Small businesses.
17 (a) Set-asides. The Board has authority to designate as
18 small business set-asides a fair proportion of construction,
19 supply, and service contracts for award to small businesses
20 in Illinois. Advertisements for bids or offers for those
21 contracts shall specify designation as small business
22 set-asides. In awarding the contracts, only bids or offers
23 from qualified small businesses shall be considered.
24 (b) Small business. "Small business" means a business
25 that is independently owned and operated and that is not
26 dominant in its field of operation. The Board shall
27 establish a detailed definition by rule, using in addition to
28 the foregoing criteria other criteria, including the number
29 of employees and the dollar volume of business. When
30 computing the size status of a bidder, annual sales and
31 receipts of the bidder and all of its affiliates shall be
32 included. The maximum number of employees and the maximum
33 dollar volume that a small business may have under the rules
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1 promulgated by the Board may vary from industry to industry
2 to the extent necessary to reflect differing characteristics
3 of those industries, subject to the following limitations:
4 (1) No wholesale business is a small business if
5 its annual sales for its most recently completed fiscal
6 year exceed $7,500,000.
7 (2) No retail business or business selling services
8 is a small business if its annual sales and receipts
9 exceed $1,500,000.
10 (3) No manufacturing business is a small business
11 if it employs more than 250 persons.
12 (4) No construction business is a small business if
13 its annual sales and receipts exceed $3,000,000.
14 (c) Fair proportion. For the purpose of subsection (a),
15 a fair proportion of construction contracts shall be no less
16 than 25% nor more than 40% of the annual total contracts for
17 construction.
18 (d) Withdrawal of designation. A small business
19 set-aside designation may be withdrawn by the purchasing
20 agency when deemed in the best interests of the State. Upon
21 withdrawal, all bids or offers shall be rejected, and the
22 bidders or offerors shall be notified of the reason for
23 rejection. The contract shall then be awarded in accordance
24 with this Code without the designation of small business
25 set-aside.
26 (e) Small business assistance. The purchasing officers
27 shall assist small businesses by:
28 (1) Compiling and maintaining a comprehensive
29 bidders list of small businesses. In this duty, he or
30 she shall cooperate with the Federal Small Business
31 Administration in locating potential sources for various
32 products and services.
33 (2) Assisting small businesses in complying with
34 the procedures for bidding on State contracts.
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1 (3) Examining requests from State agencies for the
2 purchase of property or services to help determine which
3 invitations to bid are to be designated small business
4 set-asides.
5 (4) Making recommendations to the Board for the
6 simplification of specifications and terms in order to
7 increase the opportunities for small business
8 participation.
9 (5) Assisting in investigations by purchasing
10 agencies to determine the responsibility of bidders on
11 small business set-asides.
12 (f) Small business annual report. The State purchasing
13 officer designated under subsection (e) shall annually before
14 December 1 report in writing to the General Assembly
15 concerning the awarding of contracts to small businesses.
16 The report shall include the total value of awards made in
17 the preceding fiscal year under the designation of small
18 business set-aside.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report as required
21 by Section 3.1 of the General Assembly Organization Act.
22 Section 45-50. Illinois agricultural products. In
23 awarding contracts requiring the procurement of agricultural
24 products, preference may be given to an otherwise qualified
25 bidder or offeror who will fulfill the contract through the
26 use of agricultural products grown in Illinois.
27 Section 45-55. Corn-based plastics. In awarding
28 contracts requiring the procurement of plastic products,
29 preference may be given to an otherwise qualified bidder or
30 offeror who will fulfill the contract through the use of
31 plastic products made from Illinois corn by-products.
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1 Section 45-60. Vehicles powered by agricultural
2 commodity-based fuel. In awarding contracts requiring the
3 procurement of vehicles, preference may be given to an
4 otherwise qualified bidder or offeror who will fulfill the
5 contract through the use of vehicles powered by ethanol
6 produced from Illinois corn or biodiesel fuels produced from
7 Illinois soybeans.
8 Section 45-65. Additional preferences. This Code is
9 subject to applicable provisions of:
10 (1) the Public Purchases in Other States Act;
11 (2) the Illinois Mined Coal Act;
12 (3) the Steel Products Procurement Act;
13 (4) the Veterans Preference Act; and
14 (5) the Business Enterprise for Minorities,
15 Females, and Disabled Persons Act.
16 ARTICLE 50
17 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
18 Section 50-5. Bribery.
19 (a) Prohibition. No person or business shall be awarded
20 a contract or subcontract under this Code who:
21 (1) has been convicted under the laws of Illinois
22 or any other state of bribery or attempting to bribe an
23 officer or employee of the State of Illinois or any other
24 state in that officer's or employee's official capacity;
25 or
26 (2) has made an admission of guilt of that conduct
27 that is a matter of record but has not been prosecuted
28 for that conduct.
29 (b) Businesses. No business shall be barred from
30 contracting with any unit of State or local government as a
31 result of a conviction under this Section of any employee or
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1 agent of the business if the employee or agent is no longer
2 employed by the business and:
3 (1) the business has been finally adjudicated not
4 guilty; or
5 (2) the business demonstrates to the governmental
6 entity with which it seeks to contract, and that entity
7 finds that the commission of the offense was not
8 authorized, requested, commanded, or performed by a
9 director, officer, or high managerial agent on behalf of
10 the business as provided in paragraph (2) of subsection
11 (a) of Section 5-4 of the Criminal Code of 1961.
12 (c) Conduct on behalf of business. For purposes of this
13 Section, when an official, agent, or employee of a business
14 committed the bribery or attempted bribery on behalf of the
15 business and in accordance with the direction or
16 authorization of a responsible official of the business, the
17 business shall be chargeable with the conduct.
18 (d) Certification. Every bid submitted to and contract
19 executed by the State shall contain a certification by the
20 contractor that the contractor is not barred from being
21 awarded a contract or subcontract under this Section. A
22 contractor who makes a false statement, material to the
23 certification, commits a Class 3 felony.
24 Section 50-10. Felons. Unless otherwise provided, no
25 person or business convicted of a felony shall do business
26 with the State of Illinois or any State agency from the date
27 of conviction until one year after the date of completion of
28 the sentence for that felony, unless no person held
29 responsible by a prosecutorial office for the facts upon
30 which the conviction was based continues to have any
31 involvement with the business.
32 Section 50-15. Conflicts of interest.
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1 (a) Prohibition. It is unlawful for any person holding
2 an elective office in this State, holding a seat in the
3 General Assembly, or appointed to or employed in any of the
4 offices or agencies of State government, and who receives
5 compensation for such employment in excess of 60% of the
6 salary of the Governor of the State of Illinois, or who is an
7 officer or employee of the Capital Development Board or the
8 Illinois Toll Highway Authority, or who is the spouse or
9 minor child of any such person to have or acquire any
10 contract, or any direct pecuniary interest in any contract
11 therein, whether for stationery, printing, paper, or any
12 services, materials, or supplies, that will be wholly or
13 partially satisfied by the payment of funds appropriated by
14 the General Assembly of the State of Illinois or in any
15 contract of the Capital Development Board or the Illinois
16 Toll Highway Authority.
17 (b) Interests. It is unlawful for any firm,
18 partnership, association, or corporation in which any person
19 listed in subsection (a) is entitled to receive (i) more than
20 7 1/2% of the total distributable income, or (ii) an amount
21 in excess of the salary of the Governor, whichever is lower,
22 to have or acquire any such contract or direct pecuniary
23 interest therein.
24 (c) Combined interests. It is unlawful for any firm,
25 partnership, association, or corporation in which any person
26 listed in subsection (a) together with his or her spouse or
27 minor children is entitled to receive (i) more than 15%, in
28 the aggregate, of the total distributable income, or (ii) an
29 amount in excess of 2 times the Governor's salary, whichever
30 is lower, to have or acquire any such contract or direct
31 pecuniary interest therein.
32 (d) Securities. Nothing in this Section invalidates the
33 provisions of any bond or other security previously offered
34 or to be offered for sale or sold by or for the State of
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1 Illinois.
2 (e) Prior interests. This Section does not affect the
3 validity of any contract made between the State and an
4 officer or employee of the State or member of the General
5 Assembly, his or her spouse, minor child or any combination
6 of those persons if that contract was in existence before his
7 or her election or employment as an officer, member, or
8 employee. The contract is void, however, if it cannot be
9 completed within 6 months after the officer, member, or
10 employee takes office or is employed.
11 (f) Exceptions.
12 (1) Public aid payments. This Section does not
13 apply to payments made for a public aid recipient.
14 (2) Teaching. This Section does not apply to a
15 contract for personal services as a teacher or school
16 administrator between a member of the General Assembly or
17 his or her spouse, or a State officer or employee or his
18 or her spouse, and any school district, public community
19 college district, or the State colleges and universities
20 and their governing boards.
21 (3) Ministerial duties. This Section does not
22 apply to a contract for personal services of a wholly
23 ministerial character, including but not limited to
24 services as a laborer, clerk, typist, stenographer, page,
25 bookkeeper, receptionist, or telephone switchboard
26 operator, made by a spouse or minor child of an elective
27 or appointive State officer or employee or of a member of
28 the General Assembly.
29 (4) Child and family services. This Section does
30 not apply to payments made to a member of the General
31 Assembly, a State officer or employee, his or her spouse
32 or minor child acting as a foster parent, homemaker,
33 advocate, or volunteer for or in behalf of a child or
34 family served by the Department of Children and Family
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1 Services.
2 (g) Penalty. Any person convicted of a violation of
3 this Section is guilty of a business offense and shall be
4 fined not less than $1,000 nor more than $5,000.
5 Section 50-20. Negotiations.
6 (a) Prohibition. Except as provided in Section 50-25,
7 it is unlawful for any person employed in or on a continual
8 contractual relationship with any of the offices or agencies
9 of State government to participate in contract negotiations
10 on behalf of that office or agency with any firm,
11 partnership, association, or corporation with whom that
12 person has a contract for future employment or is negotiating
13 concerning possible future employment.
14 (b) Penalty. Any person violating this Section is
15 guilty of a business offense and shall be fined not less than
16 $1,000 and not more than $5,000.
17 Section 50-25. Exemptions. The Governor, or an
18 executive ethics board or commission designated by the
19 Governor, may exempt named individuals or business from the
20 prohibitions of Section 50-5, 50-10, or 50-15 when, in the
21 discretion of the Governor or the ethics board or commission,
22 it is determined that the public interest in having the
23 individual in the service of the State outweighs the public
24 policy evidenced in those Sections. An exemption is
25 effective only when it is filed with the Secretary of State
26 and the Comptroller and includes a statement setting forth
27 the name of the individual and all the pertinent facts that
28 would make that Section applicable, setting forth the reason
29 for the exemption, and declaring the individual exempted from
30 that Section. Notice of each exemption shall be published.
31 Section 50-30. Inducement. Any person who offers or
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1 pays any money or other valuable thing to any person to
2 induce him or her not to bid for a State contract or as
3 recompense for not having bid on a State contract is guilty
4 of a Class 4 felony. Any person who accepts any money or
5 other valuable thing for not bidding for a State contract or
6 who withholds a bid in consideration of the promise for the
7 payment of money or other valuable thing is guilty of a Class
8 4 felony.
9 Section 50-35. Revolving door prohibition. State
10 employees whose duties with the State were directly related
11 to procurement may not, for a period of one year following
12 separation of service with the employing agency, have a
13 contract with that agency, or engage in lobbying that agency
14 whether directly or as an employee or agent of another.
15 Section 50-40. Disclosures by contractors and bidders.
16 (a) All offers from responsive bidders or offerors with
17 an annual value of more than $5,000 shall be accompanied by
18 disclosure of the financial interests of the contractor,
19 bidder, or proposer. The financial disclosure of each
20 successful bidder or offeror shall become part of the
21 publicly available contract or procurement file. The nature
22 and extent of the disclosure required by this Section shall
23 be established in rules formulated by the Board.
24 (b) The disclosure in subsection (a) is not intended to
25 prohibit or prevent any contract. The disclosure is meant to
26 fully and publicly disclose any potential conflict.
27 Section 50-45. Disclosures by State employees and
28 officers.
29 (a) Contract negotiations. Any person participating in
30 the making of a contract, or who enters into a contract, on
31 behalf of an office or agency of State government with the
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1 knowledge that his or her spouse, child, parent, or sibling
2 is entitled to receive (i) more than 7.5% of the total
3 distributable income of the other contracting party or (ii)
4 an amount in excess of the salary of the Governor, whichever
5 is lower, or in which that child, parent, or sibling,
6 together with his or her spouse or minor children, is
7 entitled to receive (i) more than 15%, in the aggregate, of
8 the total distributable income of the other contracting party
9 or (ii) an amount in excess of 2 times the salary of the
10 Governor, whichever is lower, shall immediately file a
11 written statement setting out the facts of the transaction.
12 The statement shall be filed with the administrative head of
13 the office or agency and be kept available for public
14 inspection. A person failing to file a statement or filing a
15 false statement is guilty of a business offense and shall be
16 fined not less than $1,000 and not more than $5,000. Any
17 such contract is contrary to public policy and may be voided
18 at the option of the State unless it is shown to be in the
19 best interests of the State. Moreover, if fraud or
20 substantial monetary harm to the State results from the
21 nepotic element of the transaction, the government officer or
22 employee involved in the element is guilty of a Class A
23 misdemeanor.
24 (b) Other positions and contracts. Each State employee
25 is responsible for annually notifying his or her State
26 employer of contracts held by the employee or by the
27 employee's spouse and minor children and of other payroll
28 positions held by the employee. The State employee shall
29 notify his or her employer of any changes in this
30 notification at the time the changes occur.
31 Section 50-50. Identical bids. Every State agency that
32 obtains 2 or more identical bids under this Code shall inform
33 the Attorney General in writing of those facts within 30 days
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1 after the disposition of all bids received in response for
2 bids, whether by the awarding of the contract or other
3 action. The Attorney General shall prescribe the form and
4 manner of notification.
5 Section 50-55. Reporting of anticompetitive practices.
6 When for any reason collusion or other anticompetitive
7 practices are suspected among any bidders or offerors, a
8 notice of the relevant facts shall be transmitted to the
9 Attorney General.
10 Section 50-58. Confidentiality. The chief procurement
11 officer or any State purchasing officer, designee, or
12 executive officer who willfully uses or allows the use of
13 specifications, competitive bid documents, proprietary
14 competitive information, proposals, contracts, or selection
15 information to compromise the fairness or integrity of the
16 procurement, bidding, or contract process shall be subject to
17 discipline up to and including immediate dismissal,
18 regardless of the Personnel Code, and may in addition be
19 subject to criminal prosecution.
20 Section 50-60. Insider information. It is unlawful for
21 any current or former elected or appointed State official or
22 State employee to knowingly use confidential information
23 available only by virtue of that office or employment for
24 actual or anticipated personal gain or for the actual or
25 anticipated personal gain of another person.
26 Section 50-65. Supply inventory. Every State agency
27 shall inventory or stock no more than a 12-month need of
28 equipment, supplies, commodities, articles, and other items,
29 except as otherwise authorized by the State agency's
30 regulations. Every State agency shall periodically review
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1 its inventory to ensure compliance with this Section. If,
2 upon review, an agency determines it has more than a 12-month
3 supply of any equipment, supplies, commodities, or other
4 items, the agency shall undertake transfers of the
5 oversupplied items or other action necessary to maintain
6 compliance with this Section. This Section shall not apply
7 to lifesaving medications, mechanical spare parts, and items
8 for which the supplier requires a minimum order stipulation.
9 Section 50-75. Suspension and debarment. Any contractor
10 may be suspended for violation of this Code or for failure to
11 conform to specifications or terms of delivery. Suspension
12 shall be for cause and may be for a period of up to 2 years
13 at the discretion of the applicable State procurement
14 officer. Contractors may be debarred in accordance with
15 rules promulgated by the Board or as otherwise provided by
16 law.
17 Section 50-80. Additional provisions. This Code is
18 subject to applicable provisions of the following Acts:
19 (1) Article 33E of the Criminal Code of 1961;
20 (2) the Illinois Human Rights Act;
21 (3) the Discriminatory Club Act;
22 (4) the Illinois Governmental Ethics Act;
23 (5) the State Prompt Payment Act;
24 (6) the Public Officer Prohibited Activities Act;
25 and
26 (7) the Drug Free Workplace Act.
27 Section 50-85. Other violations.
28 (a) The chief procurement officer or any State
29 purchasing officer or designee who willfully violates or
30 allows the violation of this Code shall be subject to
31 discipline up to and including immediate dismissal,
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1 regardless of the Personnel Code.
2 (b) Except as otherwise provided in this Code, whoever
3 violates this Code or the rules promulgated under it is
4 guilty of a Class A misdemeanor.
5 ARTICLE 90
6 MISCELLANEOUS PROVISIONS
7 Section 90-5. References to repealed provisions. After
8 the effective date of this Act, all references to the
9 provisions of law repealed by this Act shall be construed,
10 where necessary and appropriate, as references to the
11 Illinois Procurement Code.
12 Section 90-10. Severability. If any provision of this
13 Code or any application of it to any person or circumstance
14 is held invalid, that invalidity shall not affect other
15 provisions or applications of this Code that can be given
16 effect without the invalid provision or application, and to
17 this end the provisions of this Code are declared to be
18 severable.
19 Section 90-20. Voidable contracts. If any contract is
20 entered into or purchase or expenditure of funds is made in
21 violation of this Code or any other law, the contract may be
22 declared void by the purchasing officer, or may be
23 terminated, ratified and affirmed, provided it is determined
24 that ratification is in the best interests of the State. If
25 the contract is ratified and affirmed, it shall be without
26 prejudice to the State's rights to any appropriate damages.
27 ARTICLE 95
28 AMENDATORY AND REPEALING PROVISIONS
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1 Section 95-5. The Governmental Joint Purchasing Act is
2 amended by changing Section 3 as follows:
3 (30 ILCS 525/3) (from Ch. 85, par. 1603)
4 Sec. 3. Any agreement of the governmental units which
5 desire to make joint purchases, one of the governmental units
6 shall conduct the letting of bids. Where the State of
7 Illinois is a party to the joint purchase agreement, the
8 Department of Central Management Services shall conduct the
9 letting of bids. Expenses of such bid-letting may be shared
10 by the participating governmental units in proportion to the
11 amount of personal property, supplies or services each unit
12 purchases.
13 When the State of Illinois is a party to the joint
14 purchase agreement, the acceptance of bids shall be in
15 accordance with the Illinois Procurement Code and rules
16 promulgated under that Code. When the State of Illinois is
17 not a party to the joint purchase agreement, the acceptance
18 of bids shall be governed by the agreement.
19 The personal property, supplies or services involved
20 shall be distributed or rendered directly to each
21 governmental unit taking part in the purchase. The person
22 selling the personal property, supplies or services may bill
23 each governmental unit separately for its proportionate share
24 of the cost of the personal property, supplies or services
25 purchased.
26 The credit or liability of each governmental unit shall
27 remain separate and distinct. Disputes between bidders and
28 governmental units shall be resolved between the immediate
29 parties.
30 (Source: P.A. 87-860.)
31 (15 ILCS 405/11 rep.)
32 (15 ILCS 405/15 rep.)
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1 Section 95-10. The State Comptroller Act is amended by
2 repealing Sections 11 and 15.
3 (20 ILCS 5/29 rep.)
4 (20 ILCS 5/30 rep.)
5 (20 ILCS 405/35.7b rep.)
6 (20 ILCS 405/67.01 rep.)
7 (20 ILCS 405/67.04 rep.)
8 Section 95-15. The Civil Administrative Code of Illinois
9 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
10 67.04.
11 (20 ILCS 1015/13 rep.)
12 Section 95-20. The Public Employment Office Act is
13 amended by repealing Section 13.
14 (30 ILCS 505/Act rep.)
15 Section 95-25. The Illinois Purchasing Act is repealed.
16 (30 ILCS 510/Act rep.)
17 Section 95-30. The State Paper Purchasing Act is
18 repealed.
19 (30 ILCS 515/Act rep.)
20 Section 95-35. The State Printing Contracts Act is
21 repealed.
22 (30 ILCS 615/Act rep.)
23 Section 95-40. The State Vehicle Mileage Act is
24 repealed.
25 ARTICLE 99
26 EFFECTIVE DATE
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1 Section 99-5. Effective date and transition. This
2 Article 99 takes effect July 1, 1997. Article 95 takes
3 effect July 1, 1998. Articles 1 through 90 take effect July
4 1, 1997 solely for the purpose of allowing the Procurement
5 Policy Board and State agencies designated under Article 5 to
6 promulgate rules to implement this Code. Articles 1 through
7 90, for all other purposes, take effect July 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 30 ILCS 525/3 from Ch. 85, par. 1603
5 15 ILCS 405/11 rep.
6 15 ILCS 405/15 rep.
7 20 ILCS 5/29 rep.
8 20 ILCS 5/30 rep.
9 20 ILCS 405/35.7b rep.
10 20 ILCS 405/67.01 rep.
11 20 ILCS 405/67.04 rep.
12 20 ILCS 1015/13 rep.
13 30 ILCS 505/Act rep.
14 30 ILCS 510/Act rep.
15 30 ILCS 515/Act rep.
16 30 ILCS 615/Act rep.