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90_HB1633enr 305 ILCS 5/8A-6 from Ch. 23, par. 8A-6 305 ILCS 5/8A-13 new 305 ILCS 5/8A-14 new 305 ILCS 5/8A-15 new 305 ILCS 5/8A-16 new 305 ILCS 5/8A-17 new Amends the "Public Assistance Fraud" Article of the Public Aid Code. Makes it unlawful to do any of the following: defraud any State or federally funded or mandated health plan in connection with the delivery of or payment for health care benefits; directly or indirectly give or offer anything of value to a health care official with the intent to influence or reward any act or decision of a health care official; falsify or conceal a material fact or make a false statement or representation in connection with the provision of health care; or engage in any unfair or deceptive marketing practice in connection with providing any health care service or health plan. Provides for enhanced penalties for violators other than individuals. LRB9003208DJcdA HB1633 Enrolled LRB9003208DJcdA 1 AN ACT in relation to the delivery of goods and services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1 5 GENERAL PROVISIONS 6 Section 1-1. Short title. This Act may be cited as the 7 Illinois Procurement Code. 8 Section 1-5. Public policy. It is the purpose of this 9 Code and is declared to be the policy of the State that the 10 principles of competitive bidding and economical procurement 11 practices shall be applicable to all purchases and contracts 12 by or for any State agency. 13 Section 1-10. Application. 14 (a) This Code applies only to procurements for which 15 contractors were first solicited on or after July 1, 1998. 16 This Code shall not be construed to affect or impair any 17 contract, or any provision of a contract, entered into based 18 on a solicitation prior to the implementation date of this 19 Code as described in Article 99, including but not limited to 20 any covenant entered into with respect to any revenue bonds 21 or similar instruments. All procurements for which contracts 22 are solicited between the effective date of Articles 50 and 23 99 and July 1, 1998 shall be substantially in accordance with 24 this Code and its intent. 25 (b) This Code shall apply regardless of the source of 26 the funds with which the contracts are paid, including 27 federal assistance moneys. This Code shall not apply to: 28 (1) contracts between the State and its political 29 subdivisions or other governments, or between State HB1633 Enrolled -2- LRB9003208DJcdA 1 governmental bodies except as specifically provided in 2 this Code. 3 (2) grants. 4 (3) purchase of care. 5 (4) hiring of an individual as employee and not as 6 an independent contractor, whether pursuant to an 7 employment code or policy or by contract directly with 8 that individual. 9 (5) collective bargaining contracts. 10 (6) purchase of real estate. 11 (7) contracts necessary to prepare for anticipated 12 litigation, enforcement actions, or investigations, 13 provided that the chief legal counsel to the Governor 14 shall give his or her prior approval when the procuring 15 agency is one subject to the jurisdiction of the 16 Governor, and provided that the chief legal counsel of 17 any other procuring entity subject to this Code shall 18 give his or her prior approval when the procuring entity 19 is not one subject to the jurisdiction of the Governor. 20 Section 1-15. Definitions. For the purposes of this 21 Code, the words set forth in the following Sections of this 22 Article have the meanings set forth in those Sections. 23 Section 1-15.03. Associate Procurement Officers. 24 "Associate Procurement Officers" means those persons 25 appointed as provided in Section 10-15. 26 Section 1-15.05. Board. "Board" means the Procurement 27 Policy Board. 28 Section 1-15.10. Business. "Business" means any 29 corporation, partnership, individual, sole proprietorship, 30 joint stock company, joint venture, or other private legal HB1633 Enrolled -3- LRB9003208DJcdA 1 entity. 2 Section 1-15.15. Chief Procurement Officer. "Chief 3 Procurement Officer" means: 4 (1) for procurements for construction and 5 construction-related services committed by law to the 6 jurisdiction or responsibility of the Capital Development 7 Board, the executive director of the Capital Development 8 Board. 9 (2) for procurements for all construction, 10 construction-related services, operation of any facility, and 11 the provision of any service or activity committed by law to 12 the jurisdiction or responsibility of the Illinois Department 13 of Transportation, including the direct or reimbursable 14 expenditure of all federal funds for which the Department of 15 Transportation is responsible or accountable for the use 16 thereof in accordance with federal law, regulation, or 17 procedure, the Secretary of Transportation. 18 (3) for all procurements made by a public institution of 19 higher education, a representative designated by the 20 Governor. 21 (4) for all other procurements, the Director of the 22 Department of Central Management Services. 23 Section 1-15.20. Construction and construction-related 24 services. "Construction" means building, altering, 25 repairing, improving, or demolishing any public structure or 26 building, or making improvements of any kind to public real 27 property. Construction does not include the routine 28 operation, routine repair, or routine maintenance of existing 29 structures, buildings, or real property. 30 "Construction-related services" means those services 31 including construction design, layout, inspection, support, 32 feasibility or location study, research, development, HB1633 Enrolled -4- LRB9003208DJcdA 1 planning, or other investigative study undertaken by a 2 construction agency concerning construction or potential 3 construction. 4 Section 1-15.25. Construction agency. "Construction 5 agency" means the Capital Development Board for construction 6 or remodeling of State-owned facilities; the Illinois 7 Department of Transportation for construction or maintenance 8 of roads, highways, bridges, and airports; the Illinois Toll 9 Highway Authority for construction or maintenance of toll 10 highways; and any other State agency entering into 11 construction contracts as authorized by law or by delegation 12 from the chief procurement officer. 13 Section 1-15.30. Contract. "Contract" means all types 14 of State agreements, regardless of what they may be called, 15 for the procurement, use, or disposal of supplies, services, 16 professional or artistic services, or construction or for 17 leases of real property or capital improvements, and 18 including master contracts, contracts for financing through 19 use of installment or lease-purchase arrangements, 20 renegotiated contracts, and change orders. 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 1-15.42. Grant. "Grant" means the furnishing by 27 the State of assistance, whether financial or otherwise, to 28 any person to support a program authorized by law. It does 29 not include an award the primary purpose of which is to 30 procure an end product for the direct benefit or use of the HB1633 Enrolled -5- LRB9003208DJcdA 1 State agency making the grant, whether in the form of goods, 2 services, or construction. A contract that results from such 3 an award is not a grant and is subject to this Code. 4 Section 1-15.45. Invitation for bids. "Invitation for 5 bids" means the process by which a purchasing agency requests 6 information from bidders, including all documents, whether 7 attached or incorporated by reference, used for soliciting 8 bids. 9 Section 1-15.50. Negotiation. "Negotiation" means the 10 process of selecting a contractor other than by competitive 11 sealed bids, multi-step sealed bidding, or competitive sealed 12 proposals, whereby a purchasing agency can establish any and 13 all terms and conditions of a procurement contract by 14 discussion with one or more prospective contractors. 15 Section 1-15.55. Person. "Person" means any business, 16 public or private corporation, partnership, individual, 17 union, committee, club, unincorporated association or other 18 organization or group of individuals, or other legal entity. 19 Section 1-15.60. Professional and artistic services. 20 "Professional and artistic services" means those services 21 provided under contract to a State agency by a person or 22 business, acting as an independent contractor, qualified by 23 education, experience, and technical ability. 24 Section 1-15.65. Purchase description. "Purchase 25 description" means the words used in a solicitation to 26 describe the supplies, services, professional or artistic 27 services, or construction to be procured or real property or 28 capital improvements to be leased and includes specifications 29 attached to or made a part of the solicitation. HB1633 Enrolled -6- LRB9003208DJcdA 1 Section 1-15.68. Purchase of care. "Purchase of care" 2 means a contract with a person for the furnishing of medical, 3 educational, psychiatric, vocational, rehabilitative, social, 4 or human services directly to a recipient of a State aid 5 program. 6 Section 1-15.70. Purchasing agency. "Purchasing agency" 7 means a State agency that is authorized by this Code, by its 8 implementing rules, or by authorized delegation of a chief 9 procurement officer to enter into contracts. 10 Section 1-15.75. Request for proposals. "Request for 11 proposals" means the process by which a purchasing agency 12 requests information from offerors, including all documents, 13 whether attached or incorporated by reference, used for 14 soliciting proposals. 15 Section 1-15.80. Responsible bidder or offeror. 16 "Responsible bidder or offeror" means a person who has the 17 capability in all respects to perform fully the contract 18 requirements and the integrity and reliability that will 19 assure good faith performance. 20 Section 1-15.85. Responsive bidder. "Responsive bidder" 21 means a person who has submitted a bid that conforms in all 22 material respects to the invitation for bids. 23 Section 1-15.90. Services. "Services" means the 24 furnishing of labor, time, or effort by a contractor, not 25 involving the delivery of a specific end product other than 26 reports or supplies that are incidental to the required 27 performance. 28 Section 1-15.95. Specifications. "Specifications" means HB1633 Enrolled -7- LRB9003208DJcdA 1 any description, provision, or requirement pertaining to the 2 physical or functional characteristics or of the nature of a 3 supply, service, or other item to be procured under a 4 contract. Specifications may include a description of any 5 requirement for inspecting, testing, or preparing a supply, 6 service, professional or artistic service, construction, or 7 other item for delivery. 8 Section 1-15.100. State agency. "State agency" means 9 and includes all boards, commissions, agencies, institutions, 10 authorities, and bodies politic and corporate of the State, 11 created by or in accordance with the constitution or statute, 12 of the executive branch of State government and does include 13 colleges, universities, and institutions under the 14 jurisdiction of the governing boards of the University of 15 Illinois, Southern Illinois University, Illinois State 16 University, Eastern Illinois University, Northern Illinois 17 University, Western Illinois University, Chicago State 18 University, Governor State University, Northeastern Illinois 19 University, and the Board of Higher Education. However, this 20 term does not apply to public employee retirement systems or 21 investment boards that are subject to fiduciary duties 22 imposed by the Illinois Pension Code or to the University of 23 Illinois Foundation. "State agency" does not include units 24 of local government, school districts, community colleges 25 under the Public Community College Act, and the Illinois 26 Comprehensive Health Insurance Board. 27 Section 1-15.105. State purchasing officer. "State 28 purchasing officer" means a person appointed by any of the 29 chief procurement officers to exercise the procurement 30 authority created by this Code or by rule. 31 Section 1-15.110. Supplies. "Supplies" means all HB1633 Enrolled -8- LRB9003208DJcdA 1 personal property, including but not limited to equipment, 2 materials, printing, and insurance, and the financing of 3 those supplies. 4 Section 1-15.115. Using agency. "Using agency" means a 5 State agency that uses items procured under this Code. 6 Section 1-25. Property rights. No person shall have any 7 right to a specific contract with the State unless that 8 person has a contract that has been signed by an officer or 9 employee of the purchasing agency with appropriate signature 10 authority. The State shall be under no obligation to issue 11 an award or execute a contract. 12 Section 1-30. Applicability to Constitutional Officers 13 and the Legislative and Judicial Branches. 14 (a) The constitutional officers shall procure their 15 needs in a manner substantially in accordance with the 16 requirements of this Code and shall promulgate rules no less 17 restrictive than the requirements of this Code. 18 (b) The legislative and judicial branches are exempt 19 from this Code. The legislative and judicial branches shall 20 make procurements in accordance with rules promulgated to 21 meet their needs. Procurement rules promulgated by the 22 legislative and judicial branches may incorporate provisions 23 of this Code. 24 ARTICLE 5 25 POLICY ORGANIZATION 26 Section 5-5. Procurement Policy Board. 27 (a) Creation. There is created a Procurement Policy 28 Board. 29 (b) Authority and duties. The Board shall have the HB1633 Enrolled -9- LRB9003208DJcdA 1 authority and responsibility to review, comment upon, and 2 recommend, consistent with this Code, rules and practices 3 governing the procurement, management, control, and disposal 4 of supplies, services, professional or artistic services, 5 construction, and real property and capital improvement 6 leases procured by the State. Upon a three-fifths vote of 7 its members, the Board may review a contract. Upon a 8 three-fifths vote of its members, the Board may propose 9 procurement rules for consideration by chief procurement 10 officers. These proposals shall be published in each volume 11 of the Procurement Bulletin. Except as otherwise provided by 12 law, the Board shall act upon the vote of a majority of its 13 members who have been appointed and are serving. 14 (c) Members. The Board shall consist of 5 members 15 appointed one each by the 4 legislative leaders and the 16 Governor. Each member shall have demonstrated sufficient 17 business or professional experience in the area of 18 procurement to perform the functions of the Board. No member 19 may be a member of the General Assembly. 20 (d) Terms. Of the initial appointees, the Governor 21 shall designate one member, as Chairman, to serve a one-year 22 term, the President of the Senate and the Speaker of the 23 House shall each appoint one member to serve 3-year terms, 24 and the Minority Leader of the House and the Minority Leader 25 of the Senate shall each appoint one member to serve 2-year 26 terms. Subsequent terms shall be 4 years. Members may be 27 reappointed for succeeding terms. 28 (e) Reimbursement. Members shall receive no 29 compensation but shall be reimbursed for any expenses 30 reasonably incurred in the performance of their duties. 31 (f) Staff support. Upon a three-fifths vote of its 32 members, the Board may employ an executive director. Subject 33 to appropriation, the Board also may have up to 3 staff 34 persons. Other support services shall be provided by the HB1633 Enrolled -10- LRB9003208DJcdA 1 chief procurement officers. 2 (g) Meetings. Meetings of the Board may be conducted 3 telephonically, electronically, or through the use of other 4 telecommunications. Written minutes of such meetings shall be 5 created and available for public inspection and copying. 6 Section 5-23. Interests of Board members. Members of the 7 Procurement Policy Board employed by or holding an interest 8 in an entity doing business with or attempting to do business 9 with the State of Illinois do not, by their service on the 10 Board, preclude that entity from doing business with or 11 attempting to do business with the State. 12 Section 5-25. Rulemaking authority. A State agency 13 authorized to make procurements under this Code shall have 14 the authority to promulgate rules to carry out that 15 authority. That rulemaking on specific procurement topics is 16 mentioned in specific Sections of this Code shall not be 17 construed as prohibiting or limiting rulemaking on other 18 procurement topics. 19 All rules shall be promulgated in accordance with the 20 Illinois Administrative Procedure Act. Contractual 21 provisions, specifications, and procurement descriptions are 22 not rules and are not subject to the Illinois Administrative 23 Procedure Act. All rules other than those promulgated by the 24 Board shall be presented in writing to the Board for its 25 review and comment. The Board shall express its opinions and 26 recommendations in writing. Both the proposed rules and 27 Board recommendations shall be made available for public 28 review. The rules shall also be approved by the applicable 29 chief procurement officer and the Joint Committee on 30 Administrative Rules. 31 ARTICLE 10 HB1633 Enrolled -11- LRB9003208DJcdA 1 APPOINTMENTS 2 Section 10-5. Exercise of procurement authority. The 3 State purchasing officers shall be appointed by their 4 respective chief procurement officer and approved by the 5 director of each State agency. The State purchasing officer 6 of each State agency shall exercise the procurement authority 7 created by this Code except as otherwise provided in this 8 Code. 9 Section 10-10. General appointments. The chief 10 procurement officer shall appoint and the director of each 11 State agency shall approve a State purchasing officer to 12 exercise within his or her jurisdiction the procurement 13 authority created by this Code. In the absence of an 14 appointed and approved State purchasing officer, the 15 applicable chief procurement officer shall exercise the 16 procurement authority created by this Code. 17 Section 10-15. Associate Procurement Officers. The 18 Governor, with the consent of the statutory chief procurement 19 officers, may for proper and effective administration of this 20 Code appoint associate procurement officers. All associate 21 procurement officers shall be submitted to the Senate for 22 advice and consent. For the purposes of this Code, duly 23 appointed associate procurement officers shall function in 24 all respects as chief procurement officers. Associate 25 procurement officers shall serve at the pleasure of the 26 Governor. 27 ARTICLE 15 28 PROCUREMENT BULLETIN 29 Section 15-1. Publisher. The Department of Central HB1633 Enrolled -12- LRB9003208DJcdA 1 Management Services is the State agency responsible for 2 publishing its volumes of the Illinois Procurement Bulletin. 3 The Capital Development Board is responsible for publishing 4 its volumes of the Illinois Procurement Bulletin. The 5 Department of Transportation is responsible for publishing 6 its volumes of the Illinois Procurement Bulletin. The higher 7 education chief procurement officer is responsible for 8 publishing the higher education volumes of the Illinois 9 Procurement Bulletin. 10 Each volume of the Illinois Procurement Bulletin shall be 11 available electronically and may be available in print. 12 References in this Code to the publication and distribution 13 of the Illinois Procurement Bulletin include both its print 14 and electronic formats. 15 Section 15-10. Contents. The Illinois Procurement 16 Bulletin shall contain notices and other information required 17 by this Code or by rules promulgated under this Code to be 18 published in the Illinois Procurement Bulletin. Each volume 19 shall include a comprehensive index of its contents. 20 Section 15-15. Publication. All volumes of the Illinois 21 Procurement Bulletin shall be published at least once per 22 month. Any volume, including volumes available in print 23 format, shall be available through subscription for a minimal 24 fee not exceeding publication and distribution costs. The 25 Illinois Procurement Bulletin shall be distributed free to 26 public libraries within Illinois. 27 Section 15-20. Qualified bidders. Subscription to the 28 Illinois Procurement Bulletin shall not be required to 29 qualify as a bidder or offeror under this Code. 30 Section 15-25. Bulletin content. HB1633 Enrolled -13- LRB9003208DJcdA 1 (a) Invitations for bids. Notice of each and every 2 contract that is offered, including renegotiated contracts 3 and change orders, shall be published in the Bulletin. The 4 applicable chief procurement officer may provide by rule an 5 organized format for the publication of this information, but 6 in any case it must include at least the date first offered, 7 the date submission of offers is due, the location that 8 offers are to be submitted to, the purchasing State agency, 9 the responsible State purchasing officer, a brief purchase 10 description, the method of source selection, and information 11 of how to obtain a comprehensive purchase description and any 12 disclosure and contract forms. 13 (b) Contracts let or awarded. Notice of each and every 14 contract that is let or awarded, including renegotiated 15 contracts and change orders, shall be published in the next 16 available subsequent Bulletin, and the applicable chief 17 procurement officer may provide by rule an organized format 18 for the publication of this information, but in any case it 19 must include at least all of the information specified in 20 subsection (a) as well as the name of the successful 21 responsible bidder or offeror, the contract price, the number 22 of unsuccessful responsive bidders, and any other disclosure 23 specified in any Section of this Code. 24 (c) Emergency purchase disclosure. Any chief 25 procurement officer, State purchasing officer, or designee 26 exercising emergency purchase authority under this Code shall 27 publish a written description and reasons and the total cost, 28 if known, or an estimate if unknown and the name of the 29 responsible chief procurement officer and State purchasing 30 officer, and the business or person contracted with for all 31 emergency purchases in the next timely, practicable Bulletin. 32 (d) Other required disclosure. The applicable chief 33 procurement officer shall provide by rule for the organized 34 publication of all other disclosure required in other HB1633 Enrolled -14- LRB9003208DJcdA 1 Sections of this Code in a timely manner. 2 ARTICLE 20 3 SOURCE SELECTION AND CONTRACT FORMATION 4 Section 20-5. Method of source selection. Unless 5 otherwise authorized by law, all State contracts shall be 6 awarded by competitive sealed bidding, in accordance with 7 Section 20-10, except as provided in Sections 20-15, 20-20, 8 20-25, 20-30, 20-35, 30-15, and 40-20. 9 Section 20-10. Competitive sealed bidding. 10 (a) Conditions for use. All contracts shall be awarded 11 by competitive sealed bidding except as otherwise provided in 12 Section 20-5. 13 (b) Invitation for bids. An invitation for bids shall 14 be issued and shall include a purchase description and the 15 material contractual terms and conditions applicable to the 16 procurement. 17 (c) Public notice. Public notice of the invitation for 18 bids shall be published in the Illinois Procurement Bulletin 19 at least 14 days before the date set in the invitation for 20 the opening of bids. 21 (d) Bid opening. Bids shall be opened publicly in the 22 presence of one or more witnesses at the time and place 23 designated in the invitation for bids. The name of each 24 bidder, the amount of each bid, and other relevant 25 information as may be specified by rule shall be recorded. 26 After the award of the contract, the winning bid and the 27 record of each unsuccessful bid shall be open to public 28 inspection. 29 (e) Bid acceptance and bid evaluation. Bids shall be 30 unconditionally accepted without alteration or correction, 31 except as authorized in this Code. Bids shall be evaluated HB1633 Enrolled -15- LRB9003208DJcdA 1 based on the requirements set forth in the invitation for 2 bids, which may include criteria to determine acceptability 3 such as inspection, testing, quality, workmanship, delivery, 4 and suitability for a particular purpose. Those criteria 5 that will affect the bid price and be considered in 6 evaluation for award, such as discounts, transportation 7 costs, and total or life cycle costs, shall be objectively 8 measurable. The invitation for bids shall set forth the 9 evaluation criteria to be used. 10 (f) Correction or withdrawal of bids. Correction or 11 withdrawal of inadvertently erroneous bids before or after 12 award, or cancellation of awards of contracts based on bid 13 mistakes, shall be permitted in accordance with rules. After 14 bid opening, no changes in bid prices or other provisions of 15 bids prejudicial to the interest of the State or fair 16 competition shall be permitted. All decisions to permit the 17 correction or withdrawal of bids based on bid mistakes shall 18 be supported by written determination made by a State 19 purchasing officer. 20 (g) Award. The contract shall be awarded with 21 reasonable promptness by written notice to the lowest 22 responsible and responsive bidder whose bid meets the 23 requirements and criteria set forth in the invitation for 24 bids, except when a State purchasing officer determines it is 25 not in the best interest of the State and by written 26 explanation determines another bidder shall receive the 27 award. The explanation shall appear in the appropriate 28 volume of the Illinois Procurement Bulletin. 29 (h) Multi-step sealed bidding. When it is considered 30 impracticable to initially prepare a purchase description to 31 support an award based on price, an invitation for bids may 32 be issued requesting the submission of unpriced offers to be 33 followed by an invitation for bids limited to those bidders 34 whose offers have been qualified under the criteria set forth HB1633 Enrolled -16- LRB9003208DJcdA 1 in the first solicitation. 2 Section 20-15. Competitive sealed proposals. 3 (a) Conditions for use. When provided under this Code 4 or under rules, or when the purchasing agency determines in 5 writing that the use of competitive sealed bidding is either 6 not practicable or not advantageous to the State, a contract 7 may be entered into by competitive sealed proposals. 8 (b) Request for proposals. Proposals shall be solicited 9 through a request for proposals. 10 (c) Public notice. Public notice of the request for 11 proposals shall be published in the Illinois Procurement 12 Bulletin at least 14 days before the date set in the 13 invitation for the opening of proposals. 14 (d) Receipt of proposals. Proposals shall be opened 15 publicly in the presence of one or more witnesses at the time 16 and place designated in the request for proposals, but 17 proposals shall be opened in a manner to avoid disclosure of 18 contents to competing offerors during the process of 19 negotiation. A record of proposals shall be prepared and 20 shall be open for public inspection after contract award. 21 (e) Evaluation factors. The requests for proposals 22 shall state the relative importance of price and other 23 evaluation factors. Proposals shall be submitted in 2 parts: 24 the first, covering items except price; and the second, 25 covering price. The first part of all proposals shall be 26 evaluated and ranked independently of the second part of all 27 proposals. 28 (f) Discussion with responsible offerors and revisions 29 of proposals. As provided in the request for proposals and 30 under rules, discussions may be conducted with responsible 31 offerors who submit proposals determined to be reasonably 32 susceptible of being selected for award for the purpose of 33 clarifying and assuring full understanding of and HB1633 Enrolled -17- LRB9003208DJcdA 1 responsiveness to the solicitation requirements. Those 2 offerors shall be accorded fair and equal treatment with 3 respect to any opportunity for discussion and revision of 4 proposals. Revisions may be permitted after submission and 5 before award for the purpose of obtaining best and final 6 offers. In conducting discussions there shall be no 7 disclosure of any information derived from proposals 8 submitted by competing offerors. If information is disclosed 9 to any offeror, it shall be provided to all competing 10 offerors. 11 (g) Award. Awards shall be made to the responsible 12 offeror whose proposal is determined in writing to be the 13 most advantageous to the State, taking into consideration 14 price and the evaluation factors set forth in the request for 15 proposals. The contract file shall contain the basis on 16 which the award is made. 17 Section 20-20. Small purchases. 18 (a) Amount. Any individual procurement of supplies or 19 services other than professional or artistic services, not 20 exceeding $10,000 and any procurement of construction not 21 exceeding $30,000 may be made without competitive sealed 22 bidding. Procurements shall not be artificially divided so 23 as to constitute a small purchase under this Section. 24 (b) Adjustment. Each July 1, the small purchase maximum 25 established in subsection (a) shall be adjusted for inflation 26 as determined by the Consumer Price Index for All Urban 27 Consumers as determined by the United States Department of 28 Labor and rounded to the nearest $100. 29 (c) Based upon rules proposed by the Board and rules 30 promulgated by the chief procurement officers, the small 31 purchase maximum established in subsection (a) may be 32 modified. HB1633 Enrolled -18- LRB9003208DJcdA 1 Section 20-25. Sole source procurements. In accordance 2 with standards set by rule, contracts may be awarded without 3 use of the specified method of source selection when there is 4 only one economically feasible source for the item. At least 5 2 weeks before entering into a sole source contract, the 6 purchasing agency shall publish in the Illinois Procurement 7 Bulletin a notice of intent to do so along with a description 8 of the item to be procured and the intended sole source 9 contractor. 10 Section 20-30. Emergency purchases. 11 (a) Conditions for use. In accordance with standards 12 set by rule, a purchasing agency may make emergency 13 procurements without competitive sealed bidding or prior 14 notice when there exists a threat to public health or public 15 safety, or when immediate expenditure is necessary for 16 repairs to State property in order to protect against further 17 loss of or damage to State property, to prevent or minimize 18 serious disruption in State services, or to ensure the 19 integrity of State records. Emergency procurements shall be 20 made with as much competition as is practicable under the 21 circumstances. A written description of the basis for the 22 emergency and reasons for the selection of the particular 23 contractor shall be included in the contract file. 24 (b) Notice. Before the next appropriate volume of the 25 Illinois Procurement Bulletin, the purchasing agency shall 26 publish in the Illinois Procurement Bulletin a copy of each 27 written description and reasons and the total cost of each 28 emergency procurement made during the previous month. When 29 only an estimate of the total cost is known at the time of 30 publication, the estimate shall be identified as an estimate 31 and published. When the actual total cost is determined, it 32 shall also be published in like manner before the 10th day of 33 the next succeeding month. HB1633 Enrolled -19- LRB9003208DJcdA 1 (c) Affidavits. A purchasing agency making a 2 procurement under this Section shall file affidavits with 3 the chief procurement officer and the Auditor General within 4 10 days after the procurement setting forth the amount 5 expended, the name of the contractor involved, and the 6 conditions and circumstances requiring the emergency 7 procurement. When only an estimate of the cost is available 8 within 10 days after the procurement, the actual cost shall 9 be reported immediately after it is determined. At the end 10 of each fiscal quarter, the Auditor General shall file with 11 the Legislative Audit Commission and the Governor a complete 12 listing of all emergency procurements reported during that 13 fiscal quarter. The Legislative Audit Commission shall 14 review the emergency procurements so reported and, in its 15 annual reports, advise the General Assembly of procurements 16 that appear to constitute an abuse of this Section. 17 (d) Quick purchases. The chief procurement officer may 18 promulgate rules extending the circumstances by which a 19 purchasing agency may make purchases under this Section, 20 including but not limited to the procurement of items 21 available at a discount for a limited period of time. 22 Section 20-35. Competitive selection procedures. 23 (a) Conditions for use. The services specified in 24 Article 35 shall be procured in accordance with this Section, 25 except as authorized under Sections 20-25 and 20-30 of this 26 Article. 27 (b) Statement of qualifications. Potential contractors 28 shall submit statements of qualifications and expressions of 29 interest. The chief procurement officer shall specify a 30 uniform format for statements of qualifications. Persons may 31 amend these statements at any time by filing a new statement. 32 (c) Public announcement and form of request for 33 proposals. Public notice of the need for the procurement HB1633 Enrolled -20- LRB9003208DJcdA 1 shall be given in the form of a request for proposals and 2 published in the Illinois Procurement Bulletin at least 14 3 days before the date set in the request for proposals for the 4 opening of proposals. The request for proposals shall 5 describe the services required, list the type of information 6 and data required of each offeror, and state the relative 7 importance of particular qualifications. 8 (d) Discussions. The purchasing agency may conduct 9 discussions with any offeror who has submitted a proposal to 10 determine the offeror's qualifications for further 11 consideration. Discussions shall not disclose any 12 information derived from proposals submitted by other 13 offerors. 14 (e) Award. Award shall be made to the offeror 15 determined in writing by the purchasing agency to be best 16 qualified based on the evaluation factors set forth in the 17 request for proposals and negotiation of compensation 18 determined to be fair and reasonable. 19 Section 20-40. Cancellation of invitations for bids or 20 requests for proposals. An invitation for bids, a request 21 for proposals, or any other solicitation may be cancelled 22 without penalty, or any and all bids or proposals may be 23 rejected in whole or in part as may be specified in the 24 solicitation, when it is in the best interests of the State 25 in accordance with rules. The reasons for cancellation or 26 rejection shall be made part of the contract file. 27 Section 20-45. Prequalification of suppliers. The chief 28 procurement officer shall promulgate rules for the 29 development of prequalified supplier lists for appropriate 30 categories of purchases and the annual updating of those 31 lists. HB1633 Enrolled -21- LRB9003208DJcdA 1 Section 20-50. Specifications. Specifications shall be 2 prepared in accordance with consistent standards that are 3 promulgated by the chief procurement officer and reviewed by 4 the Board and the Joint Committee on Administrative Rules. 5 Those standards shall include a prohibition against the use 6 of brand-name only products, except for products intended for 7 retail sale or as specified by rule, and shall include a 8 restriction on the use of specifications drafted by a 9 potential bidder. All specifications shall seek to promote 10 overall economy for the purposes intended and encourage 11 competition in satisfying the State's needs and shall not be 12 unduly restrictive. 13 Section 20-55. Types of contracts. Subject to the 14 limitations of this Section and unless otherwise authorized 15 by law, any type of contract that will promote the best 16 interests of the State may be used, except that 17 cost-plus-a-percentage-of-cost contracts are prohibited. A 18 cost-reimbursement contract may be used only when a 19 determination is made in writing that a cost-reimbursement 20 contract is likely to be less costly to the State than any 21 other type or that it is impracticable to obtain the item 22 required except under that type of contract. The general 23 form of contracts shall be determined by the chief 24 procurement officer. 25 Section 20-60. Duration of contracts. 26 (a) Maximum duration. A contract may be entered into 27 for any period of time deemed to be in the best interests of 28 the State but not exceeding 10 years. The length of a lease 29 for real property or capital improvements shall be in 30 accordance with the provisions of Section 40-25. 31 (b) Subject to appropriation. All contracts made or 32 entered into shall recite that they are subject to HB1633 Enrolled -22- LRB9003208DJcdA 1 termination and cancellation in any year for which the 2 General Assembly fails to make an appropriation to make 3 payments under the terms of the contract. 4 Section 20-65. Right to audit records. 5 (a) Maintenance of books and records. Every contract 6 and subcontract shall require the contractor or 7 subcontractor, as applicable, to maintain books and records 8 relating to the performance of the contract or subcontract 9 and necessary to support amounts charged to the State under 10 the contract or subcontract. The books and records shall be 11 maintained by the contractor for a period of 3 years from the 12 later of the date of final payment under the contract or 13 completion of the contract and by the subcontractor for a 14 period of 3 years from the later of the date of final payment 15 under the subcontract or completion of the subcontract. 16 However, the 3-year period shall be extended for the duration 17 of any audit in progress at the time of that period's 18 expiration. 19 (b) Audit. Every contract and subcontract shall provide 20 that all books and records required to be maintained under 21 subsection (a) shall be available for review and audit by the 22 Auditor General and the purchasing agency. Every contract 23 and subcontract shall require the contractor and 24 subcontractor, as applicable, to cooperate fully with any 25 audit. 26 (c) Failure to maintain books and records. Failure to 27 maintain the books and records required by this Section shall 28 establish a presumption in favor of the State for the 29 recovery of any funds paid by the State for which required 30 books and records are not available. 31 Section 20-70. Finality of determinations. 32 Determinations made by a purchasing agency under this Code HB1633 Enrolled -23- LRB9003208DJcdA 1 are final and conclusive unless they are clearly erroneous, 2 arbitrary, capricious, or contrary to law. 3 Section 20-75. Disputes and protests. The chief 4 procurement officers shall by rule establish procedures to be 5 followed by purchasing agencies in resolving protested 6 solicitations and awards and contract controversies, for 7 debarment or suspension of contractors, and for resolving 8 other procurement-related disputes. 9 Section 20-80. Contract files. 10 (a) Written determinations. All written determinations 11 required under this Article shall be placed in the contract 12 file maintained by the chief procurement officer. 13 (b) Filing with Comptroller. Whenever a contract 14 liability, except for: 15 (1) contracts paid from personal services, or 16 (2) contracts between the State and its employees 17 to defer compensation in accordance with Article 24 of 18 the Illinois Pension Code 19 exceeding $10,000 is incurred by any State agency, a copy of 20 the contract, purchase order, or lease shall be filed with 21 the Comptroller within 15 days thereafter. Any cancellation 22 or modification to any such contract liability shall be filed 23 with the Comptroller within 15 days of its execution. 24 (c) Late filing affidavit. When a contract, purchase 25 order, or lease required to be filed by this Section has not 26 been filed within 30 days of execution, the Comptroller shall 27 refuse to issue a warrant for payment thereunder until the 28 agency files with the Comptroller the contract, purchase 29 order, or lease and an affidavit, signed by the chief 30 executive officer of the agency or his or her designee, 31 setting forth an explanation of why the contract liability 32 was not filed within 30 days of execution. A copy of this HB1633 Enrolled -24- LRB9003208DJcdA 1 affidavit shall be filed with the Auditor General. 2 (d) Professional and artistic services contracts. No 3 voucher shall be submitted to the Comptroller for a warrant 4 to be drawn for the payment of money from the State treasury 5 or from other funds held by the State Treasurer on account of 6 any contract for services involving professional or artistic 7 skills involving an expenditure of more than $5,000 for the 8 same type of service at the same location during any fiscal 9 year unless the contract is reduced to writing before the 10 services are performed and filed with the Comptroller. When 11 a contract for professional or artistic skills in excess of 12 $5,000 was not reduced to writing before the services were 13 performed, the Comptroller shall refuse to issue a warrant 14 for payment for the services until the State agency files 15 with the Comptroller: 16 (1) a written contract covering the services, and 17 (2) an affidavit, signed by the chief executive 18 officer of the State agency or his or her designee, 19 stating that the services for which payment is being made 20 were agreed to before commencement of the services and 21 setting forth an explanation of why the contract was not 22 reduced to writing before the services commenced. 23 A copy of this affidavit shall be filed with the Auditor 24 General. The Comptroller shall maintain professional or 25 artistic service contracts filed under this Section 26 separately from other filed contracts. 27 (e) Method of source selection. When a contract is 28 filed with the Comptroller under this Section, the 29 Comptroller's file shall identify the method of source 30 selection used in obtaining the contract. 31 Section 20-85. Federal requirements. A State agency 32 receiving federal-aid funds, grants, or loans shall have 33 authority to adopt its procedures, rules, project statements, HB1633 Enrolled -25- LRB9003208DJcdA 1 drawings, maps, surveys, plans, specifications, contract 2 terms, estimates, bid forms, bond forms, and other documents 3 or practices to comply with the regulations, policies, and 4 procedures of the designated authority, administration, or 5 department of the United States, in order to remain eligible 6 for such federal-aid funds, grants, or loans. 7 Section 20-90. Foreign country procurements. 8 Procurements to meet the needs of State offices located in 9 foreign countries shall comply with the provisions of this 10 Code to the extent practical. 11 Section 20-95. Donations. Nothing in this Code or in 12 the rules promulgated under this Code shall prevent any State 13 agency from complying with the terms and conditions of any 14 grant, gift, or bequest that calls for the procurement of a 15 particular good or service or the use of a particular 16 contractor, provided that the grant, gift, or bequest 17 provides majority funding for the contract. 18 Section 20-105. State agency printing. All books, 19 pamphlets, documents, and reports published through or by the 20 State of Illinois or any State agency, board, or commission 21 shall have printed thereon "Printed by authority of the State 22 of Illinois", the date of each publication, the number of 23 copies printed, and the printing order number. Each using 24 agency shall be responsible for ascertaining the compliance 25 of printing materials procured by or for it with this 26 Section. No printing or reproduction contract shall be let 27 and no printing or reproduction shall be accomplished when 28 that wording does not appear on the material to be printed or 29 reproduced. No publication may have written, stamped, or 30 printed on it, or attached to it, "Compliments of ........ 31 (naming a person)" or any words of similar import. HB1633 Enrolled -26- LRB9003208DJcdA 1 Section 20-110. Printing cost offsets. The chief 2 procurement officer may promulgate rules permitting the 3 exchange of advertising rights in or receipt of free copies 4 of printed products procured under this Article as a means of 5 reducing printing costs. The rules shall specify the 6 appropriate method of source selection to be used to 7 competitively acquire printing cost offsets. 8 ARTICLE 25 9 SUPPLIES AND SERVICES (EXCLUDING 10 PROFESSIONAL OR ARTISTIC) 11 Section 25-5. Applicability. All contracts for supplies 12 and services, excluding professional or artistic services, 13 shall be procured in accordance with the provisions of this 14 Article. 15 Section 25-10. Authority. State purchasing officers 16 shall have the authority to procure supplies and services, 17 except as that authority may be limited by the chief 18 procurement officer. 19 Section 25-15. Method of source selection. 20 (a) Competitive sealed bidding. Except as provided in 21 subsection (b) and Sections 20-20, 20-25, and 20-30, all 22 State contracts for supplies and services shall be awarded by 23 competitive sealed bidding in accordance with Section 20-10. 24 (b) Other methods. The chief procurement officer may 25 establish by rule (i) categories of purchases, including 26 non-governmental joint purchases, that may be made without 27 competitive sealed bidding and (ii) the most competitive 28 alternate method of source selection that shall be used for 29 each category of purchase. HB1633 Enrolled -27- LRB9003208DJcdA 1 Section 25-30. More favorable terms. A supply or 2 service contract may include, if determined by a State 3 purchasing officer to be in the best interests of the State, 4 a clause requiring that if more favorable terms are granted 5 by the contractor to any similar state or local governmental 6 agency in any state in a contemporaneous agreement let under 7 the same or similar financial terms and circumstances for 8 comparable supplies or services, the more favorable terms 9 shall be applicable under the contract. 10 Section 25-35. Purchase of coal and postage stamps. 11 (a) Delivery of necessary supplies. To avoid 12 interruption or impediment of delivery of necessary supplies, 13 commodities, and coal, State purchasing officers may make 14 purchases of or contracts for supplies and commodities after 15 April 30 of a fiscal year when delivery of the supplies and 16 commodities is to be made after June 30 of that fiscal year 17 and payment for which is to be made from appropriations for 18 the next fiscal year. 19 (b) Postage. All postage stamps purchased from State 20 funds must be perforated for identification purposes. A 21 General Assembly member may furnish the U.S. Post Office with 22 a warrant so as to allow for the creation or continuation of 23 a bulk rate mailing fund in the name of the General Assembly 24 member or may furnish a postage meter company or post office 25 with a warrant so as to facilitate the purchase of a postage 26 meter and its stamps. Any postage meter so purchased must 27 also contain a stamp that shall state "Official State Mail". 28 Section 25-45. Energy conservation program. State 29 purchasing officers may enter into energy conservation 30 program contracts that provide for utility cost savings. The 31 chief procurement officer shall promulgate and adopt rules 32 for the implementation of this Section. HB1633 Enrolled -28- LRB9003208DJcdA 1 Section 25-55. Annual reports. Every printed annual 2 report produced by a State agency shall bear a statement 3 indicating whether it was printed by the State of Illinois or 4 by contract and indicating the printing cost per copy and the 5 number of copies printed. The Department of Central 6 Management Services shall prepare and submit to the General 7 Assembly on the fourth Wednesday of January in each year a 8 report setting forth with respect to each State agency for 9 the calendar year immediately preceding the calendar year in 10 which the report is filed the total quantity of annual 11 reports printed, the total cost, and the cost per copy and 12 the cost per page of the annual report of the State agency 13 printed during the calendar year covered by the report. 14 Section 25-60. Prevailing wage requirements. 15 (a) All services furnished under service contracts of 16 $2,000 or more or $200 or more per month and under printing 17 contracts shall be subject to the following prevailing wage 18 requirements: 19 (1) Not less than the general prevailing wage rate 20 of hourly wages for work of a similar character in the 21 locality in which the work is produced shall be paid by 22 the successful vendor to its employees who perform the 23 work on the State contracts. The bidder or offeror, in 24 order to be considered to be a responsible bidder or 25 offeror for the purposes of this Code, shall certify to 26 the purchasing agency that wages to be paid to its 27 employees are no less, and fringe benefits and working 28 conditions of employees are not less favorable, than 29 those prevailing in the locality where the contract is to 30 be performed. Prevailing wages and working conditions 31 shall be determined by the Director of the Illinois 32 Department of Labor. 33 (2) Whenever a collective bargaining agreement is HB1633 Enrolled -29- LRB9003208DJcdA 1 in effect between an employer, other than a governmental 2 body, and service or printing employees as defined in 3 this Section who are represented by a responsible 4 organization that is in no way influenced or controlled 5 by the management, that agreement and its provisions 6 shall be considered as conditions prevalent in that 7 locality and shall be the minimum requirements taken into 8 consideration by the Director of Labor. 9 (3) Collective bargaining agreements between State 10 employees and the State of Illinois shall not be taken 11 into account by the Department of Labor in determining 12 the prevailing wage rate. 13 (b) As used in this Section, "services" means janitorial 14 cleaning services, window cleaning services, food services, 15 and security services. "Printing" means and includes all 16 processes and operations involved in printing, including but 17 not limited to letterpress, offset, and gravure processes, 18 the multilith method, photographic or other duplicating 19 process, the operations of composition, platemaking, 20 presswork, and binding, and the end products of those 21 processes, methods, and operations. As used in this Code 22 "printing" does not include photocopiers used in the course 23 of normal business activities, photographic equipment used 24 for geographic mapping, or printed matter that is commonly 25 available to the general public from contractor inventory. 26 (c) The terms "general prevailing rate of hourly wages", 27 "general prevailing rate of wages", or "prevailing rate of 28 wages" when used in this Section mean the hourly cash wages 29 plus fringe benefits for health and welfare, insurance, 30 vacations, and pensions paid generally, in the locality in 31 which the work is being performed, to employees engaged in 32 work of a similar character. 33 (d) "Locality" shall have the meaning established by 34 rule. HB1633 Enrolled -30- LRB9003208DJcdA 1 (e) This Section does not apply to services furnished 2 under contracts for professional or artistic services. 3 (f) This Section does not apply to vocational programs 4 of training for physically or mentally handicapped persons or 5 to sheltered workshops for the severely disabled. 6 ARTICLE 30 7 CONSTRUCTION AND CONSTRUCTION- 8 RELATED PROFESSIONAL SERVICES 9 Section 30-5. Applicability. Construction and 10 construction-related professional services shall be procured 11 in accordance with this Article. 12 Section 30-10. Authority. Construction agencies shall 13 have the authority to procure construction and 14 construction-related professional services. 15 Section 30-15. Method of source selection. 16 (a) Competitive sealed bidding. Except as provided in 17 subsections (b), (c), and (d) and Sections 20-20, 20-25, and 18 20-30, all State construction contracts shall be procured by 19 competitive sealed bidding in accordance with Section 20-10. 20 (b) Other methods. The Capital Development Board shall 21 establish by rule construction purchases that may be made 22 without competitive sealed bidding and the most competitive 23 alternate method of source selection that shall be used. 24 (c) Construction-related professional services. All 25 construction-related professional services contracts shall be 26 awarded in accordance with the provisions of the 27 Architectural, Engineering, and Land Surveying Qualifications 28 Based Selection Act. "Professional services" means those 29 services within the scope of the practice of architecture, 30 professional engineering, structural engineering, or HB1633 Enrolled -31- LRB9003208DJcdA 1 registered land surveying, as defined by the laws of this 2 State. 3 (d) Correctional facilities. Remodeling and 4 rehabilitation projects at correctional facilities under 5 $25,000 funded from the General Revenue Fund are exempt from 6 the provisions of this Article. The Department of 7 Corrections may use inmate labor for the remodeling or 8 rehabilitation of correctional facilities on those projects 9 under $25,000 funded from the General Revenue Fund. 10 Section 30-20. Prequalification. The Capital 11 Development Board shall promulgate rules for the development 12 of prequalified supplier lists for construction and 13 construction-related professional services and the periodic 14 updating of those lists. Construction and 15 construction-related professional services contracts over 16 $25,000 may be awarded to any qualified suppliers. 17 Section 30-25. Retention of a percentage of contract 18 price. Whenever any contract entered into by a construction 19 agency for the repair, remodeling, renovation, or 20 construction of a building or structure, for the construction 21 or maintenance of a highway, as those terms are defined in 22 Article 2 of the Illinois Highway Code, or for the 23 reclamation of abandoned lands as those terms are defined in 24 Article I of the Abandoned Mined Lands and Water Reclamation 25 Act provides for the retention of a percentage of the 26 contract price until final completion and acceptance of the 27 work, upon the request of the contractor and with the 28 approval of the construction agency the amount so retained 29 may be deposited under a trust agreement with an Illinois 30 bank or financial institution of the contractor's choice and 31 subject to the approval of the construction agency. The 32 contractor shall receive any interest on the deposited HB1633 Enrolled -32- LRB9003208DJcdA 1 amount. Upon application by the contractor, the trust 2 agreement must contain, at a minimum, the following 3 provisions: 4 (1) the amount to be deposited subject to the 5 trust; 6 (2) the terms and conditions of payment in case of 7 default by the contractor; 8 (3) the termination of the trust agreement upon 9 completion of the contract; and 10 (4) the contractor shall be responsible for 11 obtaining the written consent of the bank trustee and for 12 any costs or service fees. 13 The trust agreement may, at the discretion of the 14 construction agency and upon request of the contractor, 15 become effective at the time of the first partial payment in 16 accordance with existing statutes and rules. 17 Section 30-30. Contracts in excess of $250,000. For 18 building construction contracts in excess of $250,000, 19 separate specifications shall be prepared for all equipment, 20 labor, and materials in connection with the following 5 21 subdivisions of the work to be performed: 22 (1) plumbing; 23 (2) heating, piping, refrigeration, and automatic 24 temperature control systems, including the testing and 25 balancing of those systems; 26 (3) ventilating and distribution systems for 27 conditioned air, including the testing and balancing of 28 those systems; 29 (4) electric wiring; and 30 (5) general contract work. 31 The specifications must be so drawn as to permit separate 32 and independent bidding upon each of the 5 subdivisions of 33 work. All contracts awarded for any part thereof shall award HB1633 Enrolled -33- LRB9003208DJcdA 1 the 5 subdivisions of work separately to responsible and 2 reliable persons, firms, or corporations engaged in these 3 classes of work. The contracts, at the discretion of the 4 construction agency, may be assigned to the successful bidder 5 on the general contract work or to the successful bidder on 6 the subdivision of work designated by the construction agency 7 before the bidding as the prime subdivision of work, provided 8 that all payments will be made directly to the contractors 9 for the 5 subdivisions of work upon compliance with the 10 conditions of the contract. A contract may be let for one or 11 more buildings in any project to the same contractor. The 12 specifications shall require, however, that unless the 13 buildings are identical, a separate price shall be submitted 14 for each building. The contract may be awarded to the lowest 15 responsible bidder for each or all of the buildings included 16 in the specifications. 17 Section 30-35. Expenditure in excess of contract price. 18 (a) Germaneness. No funds in excess of the contract 19 price may be obligated or expended unless the additional work 20 to be performed or materials to be furnished is germane to 21 the original contract. Even if germane to the original 22 contract, no additional expenditures or obligations may, in 23 their total combined amounts, be in excess of the percentages 24 of the original contract amount set forth in subsection (b) 25 unless they have received the prior written approval of the 26 construction agency. In the event that the total of the 27 combined additional expenditures or obligations exceeds the 28 percentages of the original contract amount set forth in 29 subsection (b), the construction agency shall investigate all 30 the additional expenditures or obligations in excess of the 31 original contract amount and shall in writing approve or 32 disapprove subsequent expenditures or obligations and state 33 in detail the reasons for the approval or disapproval. HB1633 Enrolled -34- LRB9003208DJcdA 1 (b) Written determination required. When the contract 2 amount is no more than $75,000, the percentage shall be 9% 3 (maximum $6,750). When the contract amount is between 4 $75,001 and $200,000, the percentage shall be 7% of the 5 amount above $75,000 plus $6,750, but not to exceed 7% of 6 $200,000 (maximum $14,000). When the contract amount is 7 between $200,001 and $500,000, the percentage shall be 5% of 8 the amount above $200,000 plus $14,000, but not to exceed 5% 9 of $500,000 (maximum $25,000). When the contract amount is 10 in excess of $500,000, the percentage shall be 3% of the 11 amount above $500,000 plus $25,000. 12 Section 30-45. Other Acts. This Article is subject to 13 applicable provisions of the following Acts: 14 (1) the Prevailing Wage Act; 15 (2) the Public Construction Bond Act; 16 (3) the Public Works Employment Discrimination Act; 17 (4) the Public Works Preference Act; 18 (5) the Employment of Illinois Workers on Public 19 Works Act; 20 (6) the Public Contract Fraud Act; and 21 (7) the Illinois Construction Evaluation Act. 22 ARTICLE 35 23 PROCUREMENT OF PROFESSIONAL 24 AND ARTISTIC SERVICES 25 Section 35-5. Application. All professional and 26 artistic services shall be procured in accordance with the 27 provisions of this Article. 28 Section 35-10. Authority. Each State purchasing 29 officer, under the supervision of his or her respective chief 30 procurement officer, has the authority to select, according HB1633 Enrolled -35- LRB9003208DJcdA 1 to the provisions of this Article, his or her own 2 professional and artistic services. 3 Section 35-15. Prequalification. 4 (a) The Director of Central Management Services and the 5 higher education chief procurement officer shall each develop 6 appropriate and reasonable prequalification standards and 7 categories of professional and artistic services. 8 (b) The prequalifications and categorizations shall be 9 submitted to the Procurement Policy Board and published for 10 public comment prior to their submission to the Joint 11 Committee on Administrative Rules for approval. 12 (c) The Director of Central Management Services and the 13 higher education chief procurement officer shall each also 14 assemble and maintain a comprehensive list of prequalified 15 and categorized businesses and persons. 16 (d) Prequalification shall not be used to bar or prevent 17 any qualified business or person for bidding or responding to 18 invitations for bid or proposal. 19 Section 35-20. Uniformity in procurement. 20 (a) The Director of Central Management Services and the 21 higher education chief procurement officer shall each 22 develop, cause to be printed, and distribute uniform 23 documents for the solicitation, review, and acceptance of all 24 professional and artistic services. 25 (b) All chief procurement officers, State purchasing 26 officers, and their designees shall use the appropriate 27 uniform procedures and forms specified in this Code for all 28 professional and artistic services. 29 (c) These forms shall include in detail, in writing, at 30 least: 31 (1) a description of the goal to be achieved; 32 (2) the services to be performed; HB1633 Enrolled -36- LRB9003208DJcdA 1 (3) the need for the service; 2 (4) the qualifications that are necessary; and 3 (5) a plan for post-performance review. 4 Section 35-25. Uniformity in contract. 5 (a) The Director of Central Management Services and the 6 higher education chief procurement officer shall each 7 develop, cause to be printed, and distribute uniform 8 documents for the contracting of professional and artistic 9 services. 10 (b) All chief procurement officers, State purchasing 11 officers, and their designees shall use the appropriate 12 uniform contracts and forms in contracting for all 13 professional and artistic services. 14 (c) These contracts and forms shall include in detail, 15 in writing, at least: 16 (1) the detail listed in subsection (c) of Section 17 35-20; 18 (2) the duration of the contract, with a schedule 19 of delivery, when applicable; 20 (3) the method for charging and measuring cost 21 (hourly, per day, etc.); 22 (4) the rate of remuneration; and 23 (5) the maximum price. 24 Section 35-30. Awards. 25 (a) All State contracts for professional and artistic 26 services, except as provided in this Section, shall be 27 awarded using the competitive request for proposal process 28 outlined in this Section. 29 (b) For each contract offered, the chief procurement 30 officer, State purchasing officer, or his or her designee 31 shall use the appropriate standard solicitation forms 32 available from the Department of Central Management Services HB1633 Enrolled -37- LRB9003208DJcdA 1 or the higher education chief procurement officer. 2 (c) Prepared forms shall be submitted to the Department 3 of Central Management Services or the higher education chief 4 procurement officer, whichever is appropriate, for 5 publication in its Illinois Procurement Bulletin and 6 circulation to the Department of Central Management Services' 7 or the higher education chief procurement officer's list of 8 prequalified vendors. Notice of the offer or request for 9 proposal shall appear at least 14 days before the response to 10 the offer is due. 11 (d) All interested respondents shall return their 12 responses to the Department of Central Management Services or 13 the higher education chief procurement officer, whichever is 14 appropriate, which shall open and record them. The 15 Department or higher education chief procurement officer then 16 shall forward the responses, together with any information it 17 has available about the qualifications and other State work 18 of the respondents. 19 (e) After evaluation, ranking, and selection, the 20 responsible chief procurement officer, State purchasing 21 officer, or his or her designee shall notify the Department 22 of Central Management Services or the higher education chief 23 procurement officer, whichever is appropriate, of the 24 successful respondent and shall forward a copy of the signed 25 contract for the Department's or higher education chief 26 procurement officer's file. The Department or higher 27 education chief procurement officer shall publish the names 28 of the responsible procurement decision-maker, the agency 29 letting the contract, the successful respondent, a contract 30 reference, and value of the let contract in the next 31 appropriate volume of the Illinois Procurement Bulletin. 32 (f) For all professional and artistic contracts with 33 annualized value that exceeds $25,000, evaluation and ranking 34 by price are required. Any chief procurement officer or HB1633 Enrolled -38- LRB9003208DJcdA 1 State purchasing officer, but not their designees, may select 2 an offeror other than the lowest bidder by price. In any 3 case, when the contract exceeds the $25,000 threshhold and 4 the lowest bidder is not selected, the chief procurement 5 officer or the State purchasing officer shall forward 6 together with the contract notice of who the low bidder was 7 and a written decision as to why another was selected to the 8 Department of Central Management Services or the higher 9 education chief procurement officer, whichever is 10 appropriate. The Department or higher education chief 11 procurement officer shall publish as provided in subsection 12 (e) of Section 35-30, but shall include notice of the chief 13 procurement officer's or State purchasing officer's written 14 decision. 15 (g) The Department of Central Management Services and 16 higher education chief procurement officer may each refine, 17 but not contradict, this Section by promulgating rules for 18 submission to the Procurement Policy Board and then to the 19 Joint Committee on Administrative Rules. Any refinement 20 shall be based on the principles and procedures of the 21 federal Architect-Engineer Selection Law, Public Law 92-582 22 Brooks Act, and the Architectural, Engineering, and Land 23 Surveying Qualifications Based Selection Act; except that 24 pricing shall be an integral part of the selection process. 25 Section 35-35. Exceptions. 26 (a) Exceptions to Section 35-30 are allowed for sole 27 source procurements, emergency procurements, and at the 28 discretion of the chief procurement officer or the State 29 purchasing officer, but not their designees, for professional 30 and artistic contracts that are nonrenewable, one year or 31 less in duration, and have a value of less than $20,000. 32 (b) All exceptions granted under this Article must still 33 be submitted to the Department of Central Management Services HB1633 Enrolled -39- LRB9003208DJcdA 1 or the higher education chief procurement officer, whichever 2 is appropriate, and published as provided for in subsection 3 (f) of Section 35-30, shall name the authorizing chief 4 procurement officer or State purchasing officer, and shall 5 include a brief explanation of the reason for the exception. 6 Section 35-40. Subcontractors. 7 (a) Any contract granted under this Article shall state 8 whether the services of a subcontractor will be used. The 9 contract shall include the names and addresses of all 10 subcontractors and the expected amount of money each will 11 receive under the contract. 12 (b) If at any time during the term of a contract, a 13 contractor adds or changes any subcontractors, he or she 14 shall promptly notify, in writing, the Department of Central 15 Management Services or the higher education chief procurement 16 officer, whichever is appropriate, and the responsible chief 17 procurement officer, State purchasing officer, or their 18 designee of the names and addresses and the expected amount 19 of money each new or replaced subcontractor will receive. 20 ARTICLE 40 21 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES 22 Section 40-5. Applicability. All leases for real 23 property or capital improvements, including office and 24 storage space, buildings, and other facilities for State 25 agencies, shall be procured in accordance with the provisions 26 of this Article. 27 Section 40-10. Authority. State purchasing officers 28 shall have the authority to procure leases for real property 29 or capital improvements. HB1633 Enrolled -40- LRB9003208DJcdA 1 Section 40-15. Method of source selection. 2 (a) Request for information. Except as provided in 3 subsections (b) and (c), all State contracts for leases of 4 real property or capital improvements shall be awarded by a 5 request for information process in accordance with Section 6 40-20. 7 (b) Other methods. A request for information process 8 need not be used in procuring any of the following leases: 9 (1) Property of less than 10,000 square feet. 10 (2) Rent of less than $100,000 per year. 11 (3) Duration of less than one year that cannot be 12 renewed. 13 (4) Specialized space available at only one 14 location. 15 (5) Renewal or extension of a lease in effect 16 before July 1, 1998; provided that: (i) the chief 17 procurement officer determines in writing that the 18 renewal or extension is in the best interest of the 19 State; (ii) the chief procurement officer submits his or 20 her written determination and the renewal or extension to 21 the Board; (iii) the Board does not object in writing to 22 the renewal or extension within 30 days after its 23 submission; and (iv) the chief procurement officer 24 publishes the renewal or extension in the appropriate 25 volume of the Procurement Bulletin. 26 (c) Leases with governmental units. Leases with other 27 governmental units may be negotiated without using the 28 request for information process when deemed by the chief 29 procurement officer to be in the best interest of the State. 30 Section 40-20. Request for information. 31 (a) Conditions for use. Leases shall be procured by 32 request for information except as otherwise provided in 33 Section 40-15. HB1633 Enrolled -41- LRB9003208DJcdA 1 (b) Form. A request for information shall be issued and 2 shall include: 3 (1) the type of property to be leased; 4 (2) the proposed uses of the property; 5 (3) the duration of the lease; 6 (4) the preferred location of the property; and 7 (5) a general description of the configuration 8 desired. 9 (c) Public notice. Public notice of the request for 10 information for the availability of real property to lease 11 shall be published in the appropriate volume of the Illinois 12 Procurement Bulletin at least 14 days before the date set 13 forth in the request for receipt of responses and shall also 14 be published in similar manner in a newspaper of general 15 circulation in the community or communities where the using 16 agency is seeking space. 17 (d) Response. The request for information response 18 shall consist of written information sufficient to show that 19 the respondent can meet minimum criteria set forth in the 20 request. State purchasing officers may enter into 21 discussions with respondents for the purpose of clarifying 22 State needs and the information supplied by the respondents. 23 On the basis of the information supplied and discussions, if 24 any, a State purchasing officer shall make a written 25 determination identifying the responses that meet the minimum 26 criteria set forth in the request for information. 27 Negotiations shall be entered into with all qualified 28 respondents for the purpose of securing a lease that is in 29 the best interest of the State. A written report of the 30 negotiations shall be retained in the lease files and shall 31 include the reasons for the final selection. All leases 32 shall be reduced to writing and filed in accordance with the 33 provisions of Section 20-80. 34 When the lowest response by price is not selected, the HB1633 Enrolled -42- LRB9003208DJcdA 1 State purchasing officer shall forward to the chief 2 procurement officer, along with the lease, notice of the 3 identity of the lowest respondent by price and written 4 reasons for the selection of a different response. The chief 5 procurement officer shall publish the written reasons in the 6 next volume of the Illinois Procurement Bulletin. 7 Section 40-25. Length of leases. 8 (a) Maximum term. Leases shall be for a term not to 9 exceed 10 years and shall include a termination option in 10 favor of the State after 5 years. 11 (b) Renewal. Leases may include a renewal option. An 12 option to renew may be exercised only when a State purchasing 13 officer determines in writing that renewal is in the best 14 interest of the State and notice of the exercise of the 15 option is published in the appropriate volume of the 16 Procurement Bulletin at least 60 days prior to the exercise 17 of the option. 18 (c) Subject to appropriation. All leases shall recite 19 that they are subject to termination and cancellation in any 20 year for which the General Assembly fails to make an 21 appropriation to make payments under the terms of the lease. 22 Section 40-30. Purchase option. Initial leases of all 23 space in entire, free-standing buildings shall include an 24 option to purchase exerciseable by the State, unless the 25 purchasing officer determines that inclusion of such purchase 26 option is not in the State's best interest and makes that 27 determination in writing along with the reasons for making 28 that determination and publishes the written determination in 29 the appropriate volume of the Procurement Bulletin. Leases 30 from governmental units and not-for-profit entities are 31 exempt from the requirements of this Section. HB1633 Enrolled -43- LRB9003208DJcdA 1 Section 40-35. Rent without occupancy. Except when 2 deemed by the Board to be in the best interest of the State, 3 no State agency may incur rental obligations before occupying 4 the space rented. 5 Section 40-40. Local site preferences. Upon the request 6 of the chief executive officer of a unit of local government, 7 leasing preferences may be given to sites located in 8 enterprise zones, tax increment districts, or redevelopment 9 districts. 10 ARTICLE 45 11 PREFERENCES 12 Section 45-5. Procurement preferences. To promote 13 business and employment opportunities in Illinois, 14 procurement preferences are established and shall be 15 applicable to any procurement made under this Code. 16 Section 45-10. Resident bidders. 17 (a) Amount of preference. When a contract is to be 18 awarded to the lowest responsible bidder, a resident bidder 19 shall be allowed a preference as against a non-resident 20 bidder from any state that gives or requires a preference to 21 bidders from that state. The preference shall be equal to 22 the preference given or required by the state of the 23 non-resident bidder. Further, if only non-resident bidders 24 are bidding, the purchasing agency is within its right to 25 specify that Illinois labor and manufacturing locations be 26 used as a part of the manufacturing process, if applicable. 27 This specification may be negotiated as part of the 28 solicitation process. 29 (b) Residency. A resident bidder is a person authorized 30 to transact business in this State and having a bona fide HB1633 Enrolled -44- LRB9003208DJcdA 1 establishment for transacting business within this State 2 where it was actually transacting business on the date when 3 any bid for a public contract is first advertised or 4 announced. A resident bidder includes a foreign corporation 5 duly authorized to transact business in this State that has a 6 bona fide establishment for transacting business within this 7 State where it was actually transacting business on the date 8 when any bid for a public contract is first advertised or 9 announced. 10 (c) Federal funds. This Section does not apply to any 11 contract for any project as to which federal funds are 12 available for expenditure when its provisions may be in 13 conflict with federal law or federal regulation. 14 Section 45-15. Soybean oil-based ink. Contracts 15 requiring the procurement of printing services shall specify 16 the use of soybean oil-based ink unless a State purchasing 17 officer determines that another type of ink is required to 18 assure high quality and reasonable pricing of the printed 19 product. 20 Section 45-20. Recycled materials. When a public 21 contract is to be awarded to the lowest responsible bidder, 22 an otherwise qualified bidder who will fulfill the contract 23 through the use of products made of recycled materials may, 24 on a pilot basis or in accordance with a pilot study, be 25 given preference over other bidders unable to do so, provided 26 that the cost included in the bid of products made of 27 recycled materials is not more than 10% greater than the cost 28 of products not made of recycled materials. 29 Section 45-25. Recyclable paper. All paper purchased 30 for use by State agencies must be recyclable paper unless 31 recyclable paper cannot be used to meet the requirements of HB1633 Enrolled -45- LRB9003208DJcdA 1 the State agencies. State agencies shall determine their 2 paper requirements to allow the use of recyclable paper 3 whenever possible, including without limitation using plain 4 paper rather than colored paper that is not recyclable. 5 Section 45-30. Correctional industries. Notwithstanding 6 anything to the contrary in other law, the chief procurement 7 officer shall, in consultation with the Department of 8 Corrections, determine which articles, materials, industry 9 related services, food stuffs, and supplies that are produced 10 or manufactured by persons confined in institutions and 11 facilities of the Department of Corrections shall be given 12 preference by purchasing agencies procuring those items. The 13 chief procurement officer shall develop and distribute to the 14 various purchasing and using agencies procedures for 15 implementing this Section. 16 Section 45-35. Sheltered workshops for the severely 17 handicapped. 18 (a) Qualification. Supplies and services may be 19 procured without advertising or calling for bids from any 20 qualified not-for-profit agency for the severely handicapped 21 that: 22 (1) complies with Illinois laws governing private 23 not-for-profit organizations; 24 (2) is certified as a sheltered workshop by the 25 Wage and Hour Division of the United States Department of 26 Labor; and 27 (3) meets the Illinois Department of Human Services 28 just standards for rehabilitation facilities. 29 (b) Participation. To participate, the not-for-profit 30 agency must have indicated an interest in providing the 31 supplies and services, must meet the specifications and needs 32 of the using agency, and must set a fair market price. HB1633 Enrolled -46- LRB9003208DJcdA 1 (c) Committee. There is created within the Department 2 of Central Management Services a committee to facilitate the 3 purchase of products and services of persons so severely 4 handicapped by a physical or mental disability that they 5 cannot engage in normal competitive employment. The 6 committee shall consist of the Director of the Department of 7 Central Management Services, the Director of the Department 8 of Human Services, and 2 representatives from private 9 business and 2 public members all appointed by the Governor 10 who are knowledgeable in the needs and concerns of 11 rehabilitation facilities in Illinois. The public members 12 shall serve 2 year terms, commencing upon appointment and 13 every 2 years thereafter. A public member may be 14 reappointed, and vacancies may be filled by appointment for 15 the completion of the term. The members shall serve without 16 compensation but shall be reimbursed for expenses at a rate 17 equal to that of State employees on a per diem basis by the 18 Department of Central Management Services. All members shall 19 be entitled to vote on issues before the committee. 20 The committee shall have the following powers and duties: 21 (1) To request from any State agency information as 22 to product specification and service requirements in 23 order to carry out its purpose. 24 (2) To meet quarterly or more often as necessary to 25 carry out its purposes. 26 (3) To request a quarterly report from each 27 participating qualified not-for-profit agency for the 28 severely handicapped describing the volume of sales for 29 each product or service sold under this Section. 30 (4) To prepare a report for the Governor annually. 31 (5) To prepare a publication that lists all 32 supplies and services currently available from any 33 qualified not-for-profit agency for the severely 34 handicapped. This list and any revisions shall be HB1633 Enrolled -47- LRB9003208DJcdA 1 distributed to all purchasing agencies. 2 (6) To encourage diversity in supplies and services 3 provided by qualified not-for-profit agencies for the 4 severely handicapped and discourage unnecessary 5 duplication or competition among facilities. 6 (7) To develop guidelines to be followed by 7 qualifying agencies for participation under the 8 provisions of this Section. The guidelines shall be 9 developed within 6 months after the effective date of 10 this Code and made available on a nondiscriminatory basis 11 to all qualifying agencies. 12 (8) To review all bids submitted under the 13 provisions of this Section and reject any bid for any 14 purchase that is determined to be substantially more than 15 the purchase would have cost had it been competitively 16 bid. 17 (d) Former committee. The committee created under 18 subsection (c) shall replace the committee created under 19 Section 7-2 of the Illinois Purchasing Act, which shall 20 continue to operate until the appointments under subsection 21 (c) are made. 22 Section 45-40. Gas mileage. 23 (a) Specification. Contracts for the purchase or lease 24 of new passenger automobiles, other than station wagons, 25 vans, four-wheel drive vehicles, emergency vehicles, and 26 police and fire vehicles, shall specify the procurement of a 27 model that, according to the most current mileage study 28 published by the U.S. Environmental Protection Agency, can 29 achieve at least the minimum average fuel economy in miles 30 per gallon imposed upon manufacturers of vehicles under Title 31 V of The Motor Vehicle Information and Cost Savings Act. 32 (b) Exemptions. The State purchasing officer may exempt 33 procurements from the requirement of subsection (a) when HB1633 Enrolled -48- LRB9003208DJcdA 1 there is a demonstrated need, submitted in writing, for an 2 automobile that does not meet the minimum average fuel 3 economy standards. The chief procurement officer shall 4 promulgate rules for determining need consistent with the 5 intent of this Section. 6 Section 45-45. Small businesses. 7 (a) Set-asides. The chief procurement officer has 8 authority to designate as small business set-asides a fair 9 proportion of construction, supply, and service contracts for 10 award to small businesses in Illinois. Advertisements for 11 bids or offers for those contracts shall specify designation 12 as small business set-asides. In awarding the contracts, 13 only bids or offers from qualified small businesses shall be 14 considered. 15 (b) Small business. "Small business" means a business 16 that is independently owned and operated and that is not 17 dominant in its field of operation. The chief procurement 18 officer shall establish a detailed definition by rule, using 19 in addition to the foregoing criteria other criteria, 20 including the number of employees and the dollar volume of 21 business. When computing the size status of a bidder, annual 22 sales and receipts of the bidder and all of its affiliates 23 shall be included. The maximum number of employees and the 24 maximum dollar volume that a small business may have under 25 the rules promulgated by the chief procurement officer may 26 vary from industry to industry to the extent necessary to 27 reflect differing characteristics of those industries, 28 subject to the following limitations: 29 (1) No wholesale business is a small business if 30 its annual sales for its most recently completed fiscal 31 year exceed $7,500,000. 32 (2) No retail business or business selling services 33 is a small business if its annual sales and receipts HB1633 Enrolled -49- LRB9003208DJcdA 1 exceed $1,500,000. 2 (3) No manufacturing business is a small business 3 if it employs more than 250 persons. 4 (4) No construction business is a small business if 5 its annual sales and receipts exceed $3,000,000. 6 (c) Fair proportion. For the purpose of subsection (a), 7 for State agencies of the executive branch, a fair proportion 8 of construction contracts shall be no less than 25% nor more 9 than 40% of the annual total contracts for construction. 10 (d) Withdrawal of designation. A small business 11 set-aside designation may be withdrawn by the purchasing 12 agency when deemed in the best interests of the State. Upon 13 withdrawal, all bids or offers shall be rejected, and the 14 bidders or offerors shall be notified of the reason for 15 rejection. The contract shall then be awarded in accordance 16 with this Code without the designation of small business 17 set-aside. 18 (e) Small business specialist. The chief procurement 19 officer shall designate a State purchasing officer who will 20 be responsible for engaging an experienced contract 21 negotiator to serve as its small business specialist, whose 22 duties shall include: 23 (1) Compiling and maintaining a comprehensive 24 bidders list of small businesses. In this duty, he or 25 she shall cooperate with the Federal Small Business 26 Administration in locating potential sources for various 27 products and services. 28 (2) Assisting small businesses in complying with 29 the procedures for bidding on State contracts. 30 (3) Examining requests from State agencies for the 31 purchase of property or services to help determine which 32 invitations to bid are to be designated small business 33 set-asides. 34 (4) Making recommendations to the chief procurement HB1633 Enrolled -50- LRB9003208DJcdA 1 officer for the simplification of specifications and 2 terms in order to increase the opportunities for small 3 business participation. 4 (5) Assisting in investigations by purchasing 5 agencies to determine the responsibility of bidders on 6 small business set-asides. 7 (f) Small business annual report. The State purchasing 8 officer designated under subsection (e) shall annually before 9 December 1 report in writing to the General Assembly 10 concerning the awarding of contracts to small businesses. 11 The report shall include the total value of awards made in 12 the preceding fiscal year under the designation of small 13 business set-aside. 14 The requirement for reporting to the General Assembly 15 shall be satisfied by filing copies of the report as required 16 by Section 3.1 of the General Assembly Organization Act. 17 Section 45-50. Illinois agricultural products. In 18 awarding contracts requiring the procurement of agricultural 19 products, preference may be given to an otherwise qualified 20 bidder or offeror who will fulfill the contract through the 21 use of agricultural products grown in Illinois. 22 Section 45-55. Corn-based plastics. In awarding 23 contracts requiring the procurement of plastic products, 24 preference may be given to an otherwise qualified bidder or 25 offeror who will fulfill the contract through the use of 26 plastic products made from Illinois corn by-products. 27 Section 45-60. Vehicles powered by agricultural 28 commodity-based fuel. In awarding contracts requiring the 29 procurement of vehicles, preference may be given to an 30 otherwise qualified bidder or offeror who will fulfill the 31 contract through the use of vehicles powered by ethanol HB1633 Enrolled -51- LRB9003208DJcdA 1 produced from Illinois corn or biodiesel fuels produced from 2 Illinois soybeans. 3 Section 45-65. Additional preferences. This Code is 4 subject to applicable provisions of: 5 (1) the Public Purchases in Other States Act; 6 (2) the Illinois Mined Coal Act; 7 (3) the Steel Products Procurement Act; 8 (4) the Veterans Preference Act; and 9 (5) the Business Enterprise for Minorities, 10 Females, and Persons with Disabilities Act. 11 ARTICLE 50 12 PROCUREMENT ETHICS AND DISCLOSURE 13 Section 50-1. Purpose. It is the express duty of all 14 chief procurement officers, State purchasing officers, and 15 their designees to maximize the value of the expenditure of 16 public moneys in procuring goods, services, and contracts for 17 the State of Illinois and to act in a manner that maintains 18 the integrity and public trust of State government. In 19 discharging this duty, they are charged to use all available 20 information, reasonable efforts, and reasonable actions to 21 protect, safeguard, and maintain the procurement process of 22 the State of Illinois. 23 Section 50-5. Bribery. 24 (a) Prohibition. No person or business shall be awarded 25 a contract or subcontract under this Code who: 26 (1) has been convicted under the laws of Illinois 27 or any other state of bribery or attempting to bribe an 28 officer or employee of the State of Illinois or any other 29 state in that officer's or employee's official capacity; 30 or HB1633 Enrolled -52- LRB9003208DJcdA 1 (2) has made an admission of guilt of that conduct 2 that is a matter of record but has not been prosecuted 3 for that conduct. 4 (b) Businesses. No business shall be barred from 5 contracting with any unit of State or local government as a 6 result of a conviction under this Section of any employee or 7 agent of the business if the employee or agent is no longer 8 employed by the business and: 9 (1) the business has been finally adjudicated not 10 guilty; or 11 (2) the business demonstrates to the governmental 12 entity with which it seeks to contract, and that entity 13 finds that the commission of the offense was not 14 authorized, requested, commanded, or performed by a 15 director, officer, or high managerial agent on behalf of 16 the business as provided in paragraph (2) of subsection 17 (a) of Section 5-4 of the Criminal Code of 1961. 18 (c) Conduct on behalf of business. For purposes of this 19 Section, when an official, agent, or employee of a business 20 committed the bribery or attempted bribery on behalf of the 21 business and in accordance with the direction or 22 authorization of a responsible official of the business, the 23 business shall be chargeable with the conduct. 24 (d) Certification. Every bid submitted to and contract 25 executed by the State shall contain a certification by the 26 contractor that the contractor is not barred from being 27 awarded a contract or subcontract under this Section. A 28 contractor who makes a false statement, material to the 29 certification, commits a Class 3 felony. 30 Section 50-10. Felons. Unless otherwise provided, no 31 person or business convicted of a felony shall do business 32 with the State of Illinois or any State agency from the date 33 of conviction until 5 years after the date of completion of HB1633 Enrolled -53- LRB9003208DJcdA 1 the sentence for that felony, unless no person held 2 responsible by a prosecutorial office for the facts upon 3 which the conviction was based continues to have any 4 involvement with the business. 5 Section 50-13. Conflicts of interest. 6 (a) Prohibition. It is unlawful for any person holding 7 an elective office in this State, holding a seat in the 8 General Assembly, or appointed to or employed in any of the 9 offices or agencies of State government and who receives 10 compensation for such employment in excess of 60% of the 11 salary of the Governor of the State of Illinois, or who is an 12 officer or employee of the Capital Development Board or the 13 Illinois Toll Highway Authority, or who is the spouse or 14 minor child of any such person to have or acquire any 15 contract, or any direct pecuniary interest in any contract 16 therein, whether for stationery, printing, paper, or any 17 services, materials, or supplies, that will be wholly or 18 partially satisfied by the payment of funds appropriated by 19 the General Assembly of the State of Illinois or in any 20 contract of the Capital Development Board or the Illinois 21 Toll Highway Authority. 22 (b) Interests. It is unlawful for any firm, 23 partnership, association, or corporation, in which any person 24 listed in subsection (a) is entitled to receive (i) more than 25 7 1/2% of the total distributable income or (ii) an amount in 26 excess of the salary of the Governor, to have or acquire any 27 such contract or direct pecuniary interest therein. 28 (c) Combined interests. It is unlawful for any firm, 29 partnership, association, or corporation, in which any person 30 listed in subsection (a) together with his or her spouse or 31 minor children is entitled to receive (i) more than 15%, in 32 the aggregate, of the total distributable income or (ii) an 33 amount in excess of 2 times the salary of the Governor, to HB1633 Enrolled -54- LRB9003208DJcdA 1 have or acquire any such contract or direct pecuniary 2 interest therein. 3 (d) Securities. Nothing in this Section invalidates the 4 provisions of any bond or other security previously offered 5 or to be offered for sale or sold by or for the State of 6 Illinois. 7 (e) Prior interests. This Section does not affect the 8 validity of any contract made between the State and an 9 officer or employee of the State or member of the General 10 Assembly, his or her spouse, minor child or any combination 11 of those persons if that contract was in existence before his 12 or her election or employment as an officer, member, or 13 employee. The contract is voidable, however, if it cannot be 14 completed within 365 days after the officer, member, or 15 employee takes office or is employed. 16 (f) Exceptions. 17 (1) Public aid payments. This Section does not 18 apply to payments made for a public aid recipient. 19 (2) Teaching. This Section does not apply to a 20 contract for personal services as a teacher or school 21 administrator between a member of the General Assembly or 22 his or her spouse, or a State officer or employee or his 23 or her spouse, and any school district, public community 24 college district, the University of Illinois, Southern 25 Illinois University, Illinois State University, Eastern 26 Illinois University, Northern Illinois University, 27 Western Illinois University, Chicago State University, 28 Governor State University, or Northeastern Illinois 29 University. 30 (3) Ministerial duties. This Section does not 31 apply to a contract for personal services of a wholly 32 ministerial character, including but not limited to 33 services as a laborer, clerk, typist, stenographer, page, 34 bookkeeper, receptionist, or telephone switchboard HB1633 Enrolled -55- LRB9003208DJcdA 1 operator, made by a spouse or minor child of an elective 2 or appointive State officer or employee or of a member of 3 the General Assembly. 4 (4) Child and family services. This Section does 5 not apply to payments made to a member of the General 6 Assembly, a State officer or employee, his or her spouse 7 or minor child acting as a foster parent, homemaker, 8 advocate, or volunteer for or in behalf of a child or 9 family served by the Department of Children and Family 10 Services. 11 (5) Licensed professionals. Contracts with licensed 12 professionals, provided they are competitively bid or 13 part of a reimbursement program for specific, customary 14 goods and services through the Department of Children and 15 Family Services, the Department of Human Services, the 16 Department of Public Aid, the Department of Public 17 Health, or the Department on Aging. 18 (g) Penalty. A person convicted of a violation of this 19 Section is guilty of a business offense and shall be fined 20 not less than $1,000 nor more than $5,000. 21 Section 50-15. Negotiations. 22 (a) It is unlawful for any person employed in or on a 23 continual contractual relationship with any of the offices or 24 agencies of State government to participate in contract 25 negotiations on behalf of that office or agency with any 26 firm, partnership, association, or corporation with whom that 27 person has a contract for future employment or is negotiating 28 concerning possible future employment. 29 (b) Any person convicted of a violation of this Section 30 is guilty of a business offense and shall be fined not less 31 than $1,000 nor more than $5,000. 32 Section 50-20. Exemptions. With the approval of the HB1633 Enrolled -56- LRB9003208DJcdA 1 appropriate chief procurement officer involved, the Governor, 2 or an executive ethics board or commission he or she 3 designates, may exempt named individuals from the 4 prohibitions of Section 50-13 when, in his, her, or its 5 judgment, the public interest in having the individual in the 6 service of the State outweighs the public policy evidenced in 7 that Section. An exemption is effective only when it is 8 filed with the Secretary of State and the Comptroller and 9 includes a statement setting forth the name of the individual 10 and all the pertinent facts that would make that Section 11 applicable, setting forth the reason for the exemption, and 12 declaring the individual exempted from that Section. Notice 13 of each exemption shall be published in the Illinois 14 Procurement Bulletin. 15 Section 50-25. Inducement. Any person who offers or 16 pays any money or other valuable thing to any person to 17 induce him or her not to bid for a State contract or as 18 recompense for not having bid on a State contract is guilty 19 of a Class 4 felony. Any person who accepts any money or 20 other valuable thing for not bidding for a State contract or 21 who withholds a bid in consideration of the promise for the 22 payment of money or other valuable thing is guilty of a Class 23 4 felony. 24 Section 50-30. Revolving door prohibition. Chief 25 procurement officers, associate procurement officers, State 26 purchasing officers, their designees whose principal duties 27 are directly related to State procurement, and executive 28 officers confirmed by the Senate are expressly prohibited for 29 a period of 2 years after terminating an affected position 30 from engaging in any procurement activity relating to the 31 State agency most recently employing them in an affected 32 position for a period of at least 6 months. The prohibition HB1633 Enrolled -57- LRB9003208DJcdA 1 includes but is not limited to: lobbying the procurement 2 process; specifying; bidding; proposing bid, proposal, or 3 contract documents; on their own behalf or on behalf of any 4 firm, partnership, association, or corporation. This Section 5 applies only to persons who terminate an affected position on 6 or after January 15, 1999. 7 Section 50-35. Disclosure and potential conflicts of 8 interest. 9 (a) All offers from responsive bidders or offerors with 10 an annual value of more than $10,000 shall be accompanied by 11 disclosure of the financial interests of the contractor, 12 bidder, or proposer. The financial disclosure of each 13 successful bidder or offeror shall become part of the 14 publicly available contract or procurement file maintained by 15 the appropriate chief procurement officer. 16 (b) Disclosure by the responsive bidders or offerors 17 shall include any ownership or distributive income share that 18 is in excess of 5%, or an amount greater than 60% of the 19 annual salary of the Governor, of the bidding entity or its 20 parent entity, whichever is less, unless the contractor or 21 bidder is a publicly traded entity subject to Federal 10K 22 reporting, in which case it may submit its 10K disclosure in 23 place of the prescribed disclosure. The form of disclosure 24 shall be prescribed by the applicable chief procurement 25 officer and must include at least the names, addresses, and 26 dollar or proportionate share of ownership of each person 27 identified in this Section, their instrument of ownership or 28 beneficial relationship, and notice of any potential conflict 29 of interest resulting from the current ownership or 30 beneficial relationship of each person identified in this 31 Section having in addition any of the following 32 relationships: 33 (1) State employment, currently or in the previous HB1633 Enrolled -58- LRB9003208DJcdA 1 3 years, including contractual employment of services. 2 (2) State employment of spouse, father, mother, 3 son, or daughter, including contractual employment for 4 services in the previous 2 years. 5 (3) Elective status; the holding of elective office 6 of the State of Illinois, the government of the United 7 States, any unit of local government authorized by the 8 Constitution of the State of Illinois or the statutes of 9 the State of Illinois currently or in the previous 3 10 years. 11 (4) Relationship to anyone holding elective office 12 currently or in the previous 2 years; spouse, father, 13 mother, son, or daughter. 14 (5) Appointive office; the holding of any 15 appointive government office of the State of Illinois, 16 the United States of America, or any unit of local 17 government authorized by the Constitution of the State of 18 Illinois or the statutes of the State of Illinois, which 19 office entitles the holder to compensation in excess of 20 expenses incurred in the discharge of that office 21 currently or in the previous 3 years. 22 (6) Relationship to anyone holding appointive 23 office currently or in the previous 2 years; spouse, 24 father, mother, son, or daughter. 25 (7) Employment, currently or in the previous 3 26 years, as or by any registered lobbyist of the State 27 government. 28 (8) Relationship to anyone who is or was a 29 registered lobbyist in the previous 2 years; spouse, 30 father, mother, son, or daughter. 31 (9) Compensated employment, currently or in the 32 previous 3 years, by any registered election or 33 re-election committee registered with the Secretary of 34 State or any county clerk in the State of Illinois, or HB1633 Enrolled -59- LRB9003208DJcdA 1 any political action committee registered with either the 2 Secretary of State or the Federal Board of Elections. 3 (10) Relationship to anyone; spouse, father, 4 mother, son, or daughter; who is or was a compensated 5 employee in the last 2 years of any registered election 6 or re-election committee registered with the Secretary of 7 State or any county clerk in the State of Illinois, or 8 any political action committee registered with either the 9 Secretary of State or the Federal Board of Elections. 10 (c) The disclosure in subsection (b) is not intended to 11 prohibit or prevent any contract. The disclosure is meant to 12 fully and publicly disclose any potential conflict to the 13 chief procurement officers, State purchasing officers, their 14 designees, and executive officers so they may adequately 15 discharge their duty to protect the State. 16 (d) In the case of any contract for personal services in 17 excess of $50,000; any contract competitively bid in excess 18 of $250,000; any other contract in excess of $50,000; when a 19 potential for a conflict of interest is identified, 20 discovered, or reasonably suspected it shall be reviewed and 21 commented on in writing by the Governor of the State of 22 Illinois, or by an executive ethics board or commission he or 23 she might designate. The comment shall be returned to the 24 responsible chief procurement officer who must rule in 25 writing whether to void or allow the contract, bid, offer, or 26 proposal weighing the best interest of the State of Illinois. 27 The comment and determination shall become a publicly 28 available part of the contract, bid, or proposal file. 29 (e) These threshholds and disclosure do not relieve the 30 chief procurement officer, the State purchasing officer, or 31 their designees from reasonable care and diligence for any 32 contract, bid, offer, or proposal. The chief procurement 33 officer, the State purchasing officer, or their designees 34 shall be responsible for using any reasonably known and HB1633 Enrolled -60- LRB9003208DJcdA 1 publicly available information to discover any undisclosed 2 potential conflict of interest and act to protect the best 3 interest of the State of Illinois. 4 (f) Inadvertent or accidental failure to fully disclose 5 shall render the contract, bid, proposal, or relationship 6 voidable by the chief procurement officer if he or she deems 7 it in the best interest of the State of Illinois and, at his 8 or her discretion, may be cause for barring from future 9 contracts, bids, proposals, or relationships with the State 10 for a period of up to 2 years. 11 (g) Intentional, willful, or material failure to 12 disclose shall render the contract, bid, proposal, or 13 relationship voidable by the chief procurement officer if he 14 or she deems it in the best interest of the State of Illinois 15 and shall result in debarment from future contracts, bids, 16 proposals, or relationships for a period of not less than 2 17 years and not more than 10 years. Reinstatement after 2 18 years and before 10 years must be reviewed and commented on 19 in writing by the Governor of the State of Illinois, or by an 20 executive ethics board or commission he or she might 21 designate. The comment shall be returned to the responsible 22 chief procurement officer who must rule in writing whether 23 and when to reinstate. 24 (h) In addition, all disclosures shall note any other 25 current or pending contracts, proposals, leases, or other 26 ongoing procurement relationships the bidding, proposing, or 27 offering entity has with any other unit of State government 28 and shall clearly identify the unit and the contract, 29 proposal, lease, or other relationship. 30 Section 50-40. Reporting anticompetitive practices. 31 When, for any reason, any vendor, bidder, contractor, chief 32 procurement officer, State purchasing officer, designee, 33 elected official, or State employee suspects collusion or HB1633 Enrolled -61- LRB9003208DJcdA 1 other anticompetitive practice among any bidders, offerors, 2 contractors, proposers, or employees of the State, a notice 3 of the relevant facts shall be transmitted to the Attorney 4 General and the chief procurement officer. 5 Section 50-45. Confidentiality. Any chief procurement 6 officer, State purchasing officer, designee, or executive 7 officer who willfully uses or allows the use of 8 specifications, competitive bid documents, proprietary 9 competitive information, proposals, contracts, or selection 10 information to compromise the fairness or integrity of the 11 procurement, bidding, or contract process shall be subject to 12 immediate dismissal, regardless of the Personnel Code, any 13 contract, or any collective bargaining agreement, and may in 14 addition be subject to criminal prosecution. 15 Section 50-50. Insider information. It is unlawful for 16 any current or former elected or appointed State official or 17 State employee to knowingly use confidential information 18 available only by virtue of that office or employment for 19 actual or anticipated gain for themselves or another person. 20 Section 50-55. Supply inventory. Every State agency 21 shall inventory or stock no more than a 12-month need of 22 equipment, supplies, commodities, articles, and other items, 23 except as otherwise authorized by the State agency's 24 regulations. Every State agency shall periodically review 25 its inventory to ensure compliance with this Section. If, 26 upon review, an agency determines it has more than a 12-month 27 supply of any equipment, supplies, commodities, or other 28 items, the agency shall undertake transfers of the 29 oversupplied items or other action necessary to maintain 30 compliance with this Section. This Section shall not apply 31 to lifesaving medications, mechanical spare parts, and items HB1633 Enrolled -62- LRB9003208DJcdA 1 for which the supplier requires a minimum order stipulation. 2 Section 50-60. Voidable contracts. If any contract is 3 entered into or purchase or expenditure of funds is made in 4 violation of this Code or any other law, the contract may be 5 declared void by the chief procurement officer or may be 6 ratified and affirmed, provided the chief procurement officer 7 determines that ratification is in the best interests of the 8 State. If the contract is ratified and affirmed, it shall be 9 without prejudice to the State's rights to any appropriate 10 damages. 11 Section 50-65. Contractor suspension. Any contractor 12 may be suspended for violation of this Code or for failure to 13 conform to specifications or terms of delivery. Suspension 14 shall be for cause and may be for a period of up to 5 years 15 at the discretion of the applicable chief procurement 16 officer. Contractors may be debarred in accordance with rules 17 promulgated by the chief procurement officer or as otherwise 18 provided by law. 19 Section 50-70. Additional provisions. This Code is 20 subject to applicable provisions of the following Acts: 21 (1) Article 33E of the Criminal Code of 1961; 22 (2) the Illinois Human Rights Act; 23 (3) the Discriminatory Club Act; 24 (4) the Illinois Governmental Ethics Act; 25 (5) the State Prompt Payment Act; 26 (6) the Public Officer Prohibited Activities Act; 27 and 28 (7) the Drug Free Workplace Act. 29 Section 50-75. Other violations. 30 (a) Any chief procurement officer, State purchasing HB1633 Enrolled -63- LRB9003208DJcdA 1 officer, or designee who willfully violates or allows the 2 violation of this Code shall be subject to immediate 3 dismissal, regardless of the Personnel Code, any contract, or 4 any collective bargaining agreement. 5 (b) Except as otherwise provided in this Code, whoever 6 violates this Code or the rules promulgated under it is 7 guilty of a Class A misdemeanor. 8 ARTICLE 53 9 CONCESSIONS 10 Section 53-10. Concessions and leases of State property. 11 (a) Except for property under the jurisdiction of a 12 public institution of higher education, concessions, 13 including the assignment, license, sale, or transfer of 14 interests in or rights to discoveries, inventions, patents, 15 or copyrightable works, may be entered into by the State 16 agency with jurisdiction over the property, whether tangible 17 or intangible. 18 (b) Except for property under the jurisdiction of a 19 public institution of higher education, all concessions shall 20 be reduced to writing and shall be awarded under the 21 provisions of Article 20, except that the contract shall be 22 awarded to the highest and best bidder or offeror. 23 Section 53-20. Contract duration and terms. Except for 24 property under the jurisdiction of a public institution of 25 higher education, the duration and terms of concessions and 26 leases of State property shall be in accordance with this 27 Code or other applicable law. 28 Section 53-25. Public institutions of higher education. 29 Each public institution of higher education may enter into 30 concessions, including the assignment, license, sale, or HB1633 Enrolled -64- LRB9003208DJcdA 1 transfer of interests in or rights to discoveries, 2 inventions, patents, or copyrightable works, for property, 3 whether tangible or intangible, over which it has 4 jurisdiction. Concessions shall be reduced to writing and 5 shall be awarded at the discretion of the institution with 6 jurisdiction over the property. The duration and terms of 7 concessions and leases shall be at the discretion of the 8 institution with jurisdiction over the property. Notice of 9 the award of a concession shall be published in the higher 10 education volume of the Illinois Procurement Bulletin. 11 ARTICLE 55 12 MISCELLANEOUS PROVISIONS 13 Section 55-5. References to repealed provisions. After 14 the effective date of this Act, all references to the 15 provisions of law repealed by this Act shall be construed, 16 where necessary and appropriate, as references to the 17 Illinois Procurement Code. 18 Section 55-10. Exclusive exercise of powers. On and 19 after 120 days following the effective date of this Act, the 20 powers granted under this Code shall be exercised exclusively 21 as granted under this Code, and no State agency may 22 concurrently exercise any such power, unless specifically 23 authorized otherwise by a later enacted law. This Code is 24 not intended to impair any contract entered into before the 25 effective date of this Act. 26 Section 55-15. Severability. If any provision of this 27 Code or any application of it to any person or circumstance 28 is held invalid, that invalidity shall not affect other 29 provisions or applications of this Code that can be given 30 effect without the invalid provision or application, and to HB1633 Enrolled -65- LRB9003208DJcdA 1 this end the provisions of this Code are declared to be 2 severable. 3 ARTICLE 95 4 AMENDATORY AND REPEALING PROVISIONS 5 Section 95-5. The Governmental Joint Purchasing Act is 6 amended by changing Section 3 as follows: 7 (30 ILCS 525/3) (from Ch. 85, par. 1603) 8 Sec. 3. Any agreement of the governmental units which 9 desire to make joint purchases, one of the governmental units 10 shall conduct the letting of bids. Where the State of 11 Illinois is a party to the joint purchase agreement, the 12 Department of Central Management Services shall conduct the 13 letting of bids. Expenses of such bid-letting may be shared 14 by the participating governmental units in proportion to the 15 amount of personal property, supplies or services each unit 16 purchases. 17 When the State of Illinois is a party to the joint 18 purchase agreement, the acceptance of bids shall be in 19 accordance with the Illinois Procurement Code and rules 20 promulgated under that Code. When the State of Illinois is 21 not a party to the joint purchase agreement, the acceptance 22 of bids shall be governed by the agreement. 23 The personal property, supplies or services involved 24 shall be distributed or rendered directly to each 25 governmental unit taking part in the purchase. The person 26 selling the personal property, supplies or services may bill 27 each governmental unit separately for its proportionate share 28 of the cost of the personal property, supplies or services 29 purchased. 30 The credit or liability of each governmental unit shall 31 remain separate and distinct. Disputes between bidders and HB1633 Enrolled -66- LRB9003208DJcdA 1 governmental units shall be resolved between the immediate 2 parties. 3 (Source: P.A. 87-860.) 4 (15 ILCS 405/11 rep.) 5 (15 ILCS 405/15 rep.) 6 Section 95-10. The State Comptroller Act is amended by 7 repealing Sections 11 and 15. 8 (20 ILCS 5/29 rep.) 9 (20 ILCS 5/30 rep.) 10 (20 ILCS 405/35.7b rep.) 11 (20 ILCS 405/67.01 rep.) 12 (20 ILCS 405/67.04 rep.) 13 Section 95-15. The Civil Administrative Code of Illinois 14 is amended by repealing Sections 29, 30, 35.7b, 67.01, and 15 67.04. 16 Section 95-17. The Personnel Code is amended by adding 17 Section 25 as follows: 18 (20 ILCS 415/25 new) 19 Sec. 25. Illinois Procurement Code. This Code is 20 subject to the disciplinary and penalty provisions of the 21 Illinois Procurement Code. 22 (20 ILCS 1015/13 rep.) 23 Section 95-20. The Public Employment Office Act is 24 amended by repealing Section 13. 25 Section 95-22. The General Assembly Operations Act is 26 amended by adding Section 10 as follows: 27 (25 ILCS 10/10 new) HB1633 Enrolled -67- LRB9003208DJcdA 1 Sec. 10. General Assembly printing; session laws. 2 (a) Authority. Public printing for the use of either 3 House of the General Assembly shall be subject to its 4 control. 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 HB1633 Enrolled -68- LRB9003208DJcdA 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 HB1633 Enrolled -69- LRB9003208DJcdA 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 underscored; and (ii) all matter deleted by the 31 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 HB1633 Enrolled -70- LRB9003208DJcdA 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 to 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 HB1633 Enrolled -71- LRB9003208DJcdA 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 (30 ILCS 505/Act rep.) 29 Section 95-25. The Illinois Purchasing Act is repealed. 30 (30 ILCS 510/Act rep.) 31 Section 95-30. The State Paper Purchasing Act is 32 repealed. HB1633 Enrolled -72- LRB9003208DJcdA 1 Section 95-35. The State Printing Contracts Act is 2 amended by adding Section 44 as follows: 3 (30 ILCS 515/44 new) 4 Sec. 44. Repeal. This Act is repealed on May 1, 1998. 5 (30 ILCS 563/Act rep.) 6 Section 95-37. The Real Estate Leasing Act is repealed. 7 (30 ILCS 615/Act rep.) 8 Section 95-40. The State Vehicle Mileage Act is 9 repealed. 10 ARTICLE 99 11 EFFECTIVE DATE 12 Section 99-5. Effective date and transition. This 13 Article, Sections 1-15 through 1-15.115 of Article 1, and 14 Article 50 take effect upon becoming law. Articles 1 through 15 45 and 53 through 95 take effect January 1, 1998, solely for 16 the purpose of allowing the promulgation of rules to 17 implement the Illinois Procurement Code. The Procurement 18 Policy Board established in Article 5 may be appointed as of 19 January 1, 1998, and until July 1, 1998, shall act only to 20 review proposed purchasing rules. Articles 1 through 45 and 21 53 through 95 for all other purposes take effect on July 1, 22 1998.
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