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90_HB3809eng
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Creates the Illinois Procurement Code. Provides for the
purchasing of supplies, services, and construction and the
leasing of real property and capital improvements by the
State. Establishes a Procurement Policy Board appointed by
the Governor to promulgate procurement policies and rules.
Provides for an Inspector General appointed by the Governor
to oversee implementation of the Board's policies. Grants
general procurement and rulemaking authority to State
purchasing officers appointed by State officers of the
executive, legislative, and judicial branches and the
governing boards of State colleges and universities. Permits
delegation of procurement authority under certain
circumstances. Grants procurement authority for professional
or artistic services to individual State entities. Makes
competitive sealed bidding the required method of source
selection, with exceptions for procurements of a small,
emergency, or sole source nature. Provides for procurement
preferences, contract requirements, auditing, prohibitions,
and penalties. Amends the Governmental Joint Purchasing Act,
the Civil Administrative Code of Illinois, and the Personnel
Code and repeals various Acts and Sections of Acts governing
State purchasing. Creates the Human Services Delivery Act.
Effective immediately, in part, and January 1, 1999, in part.
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1 AN ACT concerning State purchases and delivery of
2 services.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. Short title. This Act may be cited as the
8 Illinois Procurement Code of 1999.
9 Section 1-5. Public policy. It is the purpose of this
10 Code and is declared to be the policy of the State that the
11 principles of competitive bidding and economical procurement
12 practices shall be applicable to all purchases and contracts
13 by or for any State agency.
14 Section 1-10. Application.
15 (a) This Code applies only to procurements for which
16 contractors were first solicited on or after January 1, 1999.
17 This Code shall not be construed to affect or impair any
18 contract, or any provision of a contract, entered into prior
19 to the implementation date of this Code as described in
20 Article 99, including but not limited to, any covenant
21 entered into with respect to any revenue bonds or similar
22 instruments.
23 (b) This Code applies regardless of the source of the
24 funds with which the contracts are paid, including federal
25 assistance moneys. This Code does not apply to: (1)
26 contracts between the State and its political subdivisions or
27 other governments, or between State governmental bodies
28 except as specifically provided in this Code; (2) grants; (3)
29 purchase of care; (4) contracts for personal services as an
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1 employee rather than as an independent contractor; or (5)
2 collective bargaining contracts. Nothing in this Code or in
3 rules promulgated hereunder shall prevent any State
4 governmental body from complying with the terms and
5 conditions of any grant, gift, bequest, or cooperative
6 agreement.
7 Section 1-15. Definitions. For the purposes of this
8 Code, the words set forth in the following Sections of this
9 Article have the meanings set forth in those Sections.
10 Section 1-15.03. Bidder or offeror. "Bidder" or
11 "offeror" means any person who submits a bid, proposal, or
12 other type of offer. These terms may be used
13 interchangeably.
14 Section 1-15.05. Board. "Board" means the Procurement
15 Policy Board.
16 Section 1-15.10. Business. "Business" means any
17 corporation, partnership, individual, sole proprietorship,
18 joint stock company, joint venture, or other private legal
19 entity.
20 Section 1-15.15. Chief Procurement Officer. "Chief
21 Procurement Officer" means:
22 (1) for procurements for construction and
23 construction-related services committed by law to the
24 jurisdiction or responsibility of the Capital Development
25 Board, the executive director of the Capital Development
26 Board.
27 (2) for procurements for all construction,
28 construction-related services, operation of any facility, and
29 the provision of any service or activity committed by law to
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1 the jurisdiction or responsibility of the Illinois Department
2 of Transportation, including the direct or reimbursable
3 expenditure of all federal funds for which the Department of
4 Transportation is responsible or accountable for the use
5 thereof in accordance with federal law, regulation, or
6 procedure, the Secretary of Transportation.
7 (3) for all procurements made by a public institution of
8 higher education, a representative designated by the
9 Governor.
10 (4) for all other procurements of the executive branch
11 under the jurisdiction of the Governor or outside the
12 jurisdiction of any other executive branch constitutional
13 officer, the Director of the Department of Central Management
14 Services.
15 (5) for all procurements under the jurisdiction of an
16 executive branch constitutional officer other than the
17 Governor, the appropriate executive branch constitutional
18 officer.
19 (6) for all procurements under the jurisdiction of the
20 President of the Senate, the President of the Senate.
21 (7) for all procurements under the jurisdiction of the
22 Speaker of the House of Representatives, the Speaker of the
23 House of Representatives.
24 (8) for all procurements under the jurisdiction of the
25 Minority Leader of the Senate, the Minority Leader of the
26 Senate.
27 (9) for all procurements under the jurisdiction of the
28 Minority Leader of the House of Representatives, the Minority
29 Leader of the House of Representatives.
30 (10) for all procurements of the legislative support
31 service agencies, a person designated by the Joint Committee
32 on Legislative Support Services.
33 Section 1-15.17. Concession. "Concession" means any use
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1 of State property, primarily real estate, by a party not
2 associated with State government, whether or not a charge is
3 levied for that use.
4 Section 1-15.20. Construction or construction-related
5 services. "Construction" means building, altering,
6 repairing, improving, or demolishing any public structure or
7 building, or making improvements of any kind to public real
8 property. Construction does not include the routine
9 operation, routine repair, or routine maintenance of existing
10 structures, buildings, or real property. "Construction-
11 related services" means those services including construction
12 design, layout, inspection, support, feasibility or location
13 study, research, development, planning, or other
14 investigative study undertaken by a construction agency
15 concerning construction or potential construction.
16 Section 1-15.25. Construction agency. "Construction
17 agency" means the Capital Development Board for construction
18 or remodeling of State-owned facilities; the Illinois
19 Department of Transportation for construction or maintenance
20 of roads, highways, bridges, and airports; the Illinois Toll
21 Highway Authority for construction or maintenance of toll
22 highways; and any other State agency entering into
23 construction contracts as authorized by law or by delegation
24 from the Procurement Policy Board.
25 Section 1-15.30. Contract. "Contract" means all types
26 of State agreements, regardless of what they may be called,
27 for the procurement or use of goods, services, including
28 professional or artistic services, construction, or real
29 property leases, and including master contracts and contracts
30 for financing through use of installment or lease-purchase
31 arrangements.
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1 Section 1-15.35. Cost-reimbursement contract.
2 "Cost-reimbursement contract" means a contract under which a
3 contractor is reimbursed for costs that are allowable and
4 allocable in accordance with the contract terms and the
5 provisions of this Code, and a fee, if any.
6 Section 1-15.37. Director. "Director" means the head
7 executive officer of a State agency.
8 Section 1-15.42. Goods. "Goods" means all personal
9 property, including but not limited to, equipment, materials,
10 printing, and insurance, and the financing of those goods.
11 Section 1-15.44. Grant. "Grant" means the furnishing by
12 the State of assistance, whether financial or otherwise, to
13 any person to support a program authorized by law. It does
14 not include an award, the primary purpose of which is to
15 procure an end product for the direct benefit or use of the
16 State governmental body making the grant, whether in the form
17 of goods, services, or construction; a contract resulting
18 from such an award is not a grant but a procurement contract.
19 Section 1-15.47. Inspector General. "Inspector General"
20 means that person appointed by the Governor as Inspector
21 General for Procurement under Section 5-10.
22 Section 1-15.50. Invitation for bids. "Invitation for
23 bids" means the process by which a purchasing agency requests
24 information from bidders, including all documents, whether
25 attached or incorporated by reference, used for soliciting
26 bids.
27 Section 1-15.53. Negotiation. "Negotiation" means the
28 process of selecting a contractor other than by competitive
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1 sealed bids, or multi-step sealed bidding, whereby a
2 purchasing agency can establish any and all terms and
3 conditions of a procurement contract by discussion with one
4 or more prospective contractors.
5 Section 1-15.55. Person. "Person" means any business,
6 public or private corporation, partnership, individual,
7 union, committee, club, unincorporated association or other
8 organization or group of individuals, or other legal entity.
9 Section 1-15.56. Personal services. "Personal services"
10 means services rendered to the State by an individual, as an
11 employee and not an independent contractor, and for whom
12 federal income taxes are withheld.
13 Section 1-15.57. Price. "Price" means any dollar
14 related factor relevant to the State, including but not
15 limited to, discounts and transportation, and where specified
16 in purchase specifications or descriptions, "price" means
17 total or life cycle costs.
18 Section 1-15.58. Procurement. "Procurement" means
19 buying, renting, leasing, licensing, or otherwise acquiring
20 any goods, services, construction, or real estate lease. It
21 also includes all functions that pertain to the obtaining
22 same, including describing requirements, selection and
23 soliciting sources, preparing and awarding contracts, and all
24 phases of contract administration.
25 Section 1-15.60. Professional and artistic services.
26 "Professional and artistic services" means those services
27 provided under contract to a State agency by a person or
28 business, acting as an independent contractor, qualified by
29 education, experience, and technical ability to advise and
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1 assist in solving specific management and programmatic
2 problems involving the organization, planning, direction,
3 control, and operation of State agencies.
4 Section 1-15.65. Purchase description. "Purchase
5 description" means the words used in a solicitation to
6 describe the supplies, services, professional or artistic
7 services, construction, or real property or capital
8 improvements to be procured or leased and includes
9 specifications attached to or made a part of the
10 solicitation.
11 Section 1-15.67. Purchase of care. "Purchase of care"
12 means a contract with a person for the furnishing of medical,
13 educational, psychiatric, vocational, rehabilitative, social,
14 or human services directly to a recipient of a State aid
15 program.
16 Section 1-15.70. Purchasing agency. "Purchasing agency"
17 means a State agency that is authorized by this Code, by its
18 implementing rules, or by authorized delegation of a State
19 purchasing officer to enter into contracts.
20 Section 1-15.75. Request for proposals. "Request for
21 proposals" means the process by which a purchasing agency
22 requests information from offerors, including all documents,
23 whether attached or incorporated by reference, used for
24 soliciting proposals.
25 Section 1-15.80. Responsible bidder or offeror.
26 "Responsible bidder or offeror" means a person who has the
27 capability in all respects to perform fully the contract
28 requirements and the integrity and reliability that will
29 assure good faith performance.
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1 Section 1-15.85. Responsive bidder. "Responsive bidder"
2 means a person who has submitted a bid that conforms in all
3 material respects to the invitation for bids.
4 Section 1-15.90. Services. "Services" means the
5 furnishing of labor, time, or effort by a contractor, not
6 involving the delivery of a specific end product other than
7 reports or supplies that are incidental to the required
8 performance.
9 Section 1-15.93. Solicitation. "Solicitation" means an
10 invitation for bids, request for proposals, request for
11 information, or other means of requesting contractors to
12 respond with offers or qualifications.
13 Section 1-15.95. Specifications. "Specifications" means
14 any description, provision, or requirement pertaining to the
15 physical or functional characteristics or of the nature of a
16 supply, service, or other item to be procured under a
17 contract. Specifications may include a description of any
18 requirement for inspecting, testing, or preparing a supply,
19 service, professional or artistic service, construction, or
20 other item for delivery.
21 Section 1-15.100. State agency. "State agency" means
22 all officers, boards, commissions, and agencies created by
23 the Constitution, whether in the executive or legislative
24 branch; all officers, departments, boards, commissions,
25 agencies, institutions, authorities, universities, bodies
26 politic and corporate of the State; and administrative units
27 or corporate outgrowths of the State government that are
28 created by or in accordance with statute, other than units of
29 local government and their officers, school districts, and
30 boards of election commissioners; all public employee
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1 retirement systems or investment boards that are subject to
2 fiduciary duties imposed by the Illinois Pension Code; and
3 all administrative units and corporate outgrowths of State
4 agencies and as may be created by executive order of the
5 Governor. "State agency" does not include the Illinois
6 Comprehensive Health Insurance Board.
7 Section 1-15.105. State purchasing officer. "State
8 purchasing officer" means a person appointed by a chief
9 procurement officer to exercise the procurement authority
10 created by this Code.
11 Section 1-15.110. Supplies. "Supplies" means all
12 personal property, including but not limited to equipment,
13 materials, printing, and insurance, and the financing of
14 those supplies.
15 Section 1-15.115. Using agency. "Using agency" means a
16 State agency that uses items procured under this Code.
17 Section 1-25. Property rights. No person shall have any
18 right to a specific contract with the State unless that
19 person has a contract that has been signed by an officer or
20 employee of the purchasing agency with appropriate signature
21 authority, or by officers or employees as required by Section
22 20-57. The State shall be under no obligation to issue an
23 award or execute a contract.
24 Section 1-30. Applicability to the Judicial Branch. The
25 judicial branch is exempt from this Code. The judicial
26 branch shall make procurements in accordance with rules
27 promulgated to meet its needs. Procurement rules promulgated
28 by the judicial branch may incorporate provisions of this
29 Code.
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1 ARTICLE 5
2 POLICY ORGANIZATION
3 Section 5-5. Procurement Policy Board.
4 (a) Creation. There is created a Procurement Policy
5 Board.
6 (b) Authority and duties. The Board shall have the
7 authority and responsibility to promulgate rules, consistent
8 with this Code, governing the procurement, management,
9 control, and disposal of supplies, services, professional or
10 artistic services, construction, and real property and
11 capital improvement leases procured by the State. All rules
12 shall be promulgated and published in accordance with the
13 Illinois Administrative Procedure Act. The Board shall
14 consider and decide matters of policy within the provisions
15 of this Code. The Board shall have the power to audit and
16 monitor the implementation of its rules and the requirements
17 of this Code but shall not exercise authority over the award
18 or administration of any particular contract or over any
19 dispute, claim, or litigation pertaining to a particular
20 contract, except as provided in Section 20-30. The Board
21 shall maintain a list of all State vendors, contractors, and
22 bidders from information supplied by the State purchasing
23 officers.
24 (c) Members. The Board shall consist of 5 members
25 appointed by the Governor, with the advice and consent of the
26 Senate, three-fifths of the members elected concurring by
27 record vote. No more than 3 members may be of the same
28 political party. Each member shall have demonstrated
29 sufficient business or professional experience in the area of
30 procurement to perform the functions of the Board.
31 (d) Terms. Of the initial appointees, the Governor
32 shall designate one member to serve a one-year term, 2
33 members to serve 2-year terms, and 2 members to serve 3-year
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1 terms. Subsequent terms shall be 4 years. Members may be
2 reappointed for succeeding terms.
3 (e) Reimbursement. Members shall receive no
4 compensation but shall be reimbursed for any expenses
5 reasonably incurred in the performance of their duties.
6 (f) Staff support. The Board shall have sufficient
7 staff to perform the duties required by this Code.
8 Section 5-10. Inspector General for Procurement.
9 (a) Creation and appointment. There is created the
10 Office of the Inspector General for Procurement. The
11 Governor, with the advice and consent of the Senate,
12 three-fifths of the members elected concurring by record
13 vote, shall appoint the Inspector General for a 6-year term.
14 (b) Authority and duties. The Inspector General shall
15 be responsible for overseeing implementation of the Board's
16 rules and policies. The Inspector General shall report any
17 suspected violations to the appropriate agency, the State's
18 Attorney in the county in which the suspected violation
19 occurs, and the Attorney General.
20 (c) Compensation. The Inspector General shall be a
21 full-time position compensated in an amount equal to the
22 compensation of the Auditor General. A member of the Board
23 may not serve as Inspector General.
24 (d) Staff support. The Inspector General shall have
25 sufficient staff to perform the duties required by this Code.
26 (e) The Inspector General shall file semi-annual reports
27 with the Legislative Audit Commission.
28 Section 5-25. Rulemaking authority. The Board may
29 authorize a State agency to promulgate rules to make
30 procurements when the Board determines that specific rules
31 are necessary. All rules shall be promulgated in accordance
32 with the Illinois Administrative Procedure Act and shall be
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1 subject to the approval of the Board.
2 ARTICLE 10
3 PROCUREMENT ORGANIZATION
4 Section 10-5. Exercise of procurement authority.
5 (a) The State purchasing officers shall exercise the
6 procurement authority created by this Code except as
7 otherwise provided in this Code.
8 (b) (1) Procurements for all construction, construction
9 related services, operation of any facility, and the
10 provision of any service or activity committed by law to the
11 jurisdiction or responsibility of the Illinois Department of
12 Transportation, including the direct or reimbursable
13 expenditure of all federal funds for which the Department of
14 Transportation is responsible or accountable for the use
15 thereof in accordance with federal law, regulation or
16 procedure, shall be exercised by the Secretary of
17 Transportation if required to comply with federal law.
18 (2) Procurements for all construction, construction
19 related services, operation of any facility, and the
20 provision of any service or activity committed by law to the
21 jurisdiction or responsibility of the Illinois Toll Highway
22 Authority, including the direct or reimbursable expenditure
23 of all federal funds for which the Authority is responsible
24 or accountable for the use thereof in accordance with federal
25 law, regulation or procedure, shall be delegated to the
26 Authority if required to comply with federal law.
27 Section 10-10. State purchasing officers.
28 (a) The appropriate chief procurement officer shall
29 appoint and the director of each State agency shall approve a
30 State purchasing officer to exercise within his or her
31 jurisdiction the procurement authority created by this Code.
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1 In the absence of an appointed and approved State purchasing
2 officer, the appropriate chief procurement officer shall
3 exercise the procurement authority created by this Code.
4 No new personnel position may be created to fill the
5 position of State purchasing officer.
6 (b) Vendor list. Each State purchasing officer shall
7 maintain a list of vendors, contractors, and bidders and
8 forward that list to the Board at least once per month in
9 accordance with Board rules.
10 Section 10-15. Delegation of authority. A State
11 purchasing officer may delegate procurement powers and duties
12 to an employee under that officer's jurisdiction as
13 authorized by the Board.
14 ARTICLE 15
15 PROCUREMENT BULLETIN
16 Section 15-5. Publisher. The Board shall designate a
17 State agency responsible for publishing the Illinois
18 Procurement Bulletin.
19 Section 15-10. Contents. The Illinois Procurement
20 Bulletin shall contain notices and other information required
21 by this Code or by rules promulgated under this Code to be
22 published in the Illinois Procurement Bulletin. The rules of
23 the Board promulgated under this Section shall require
24 inclusion in the Bulletin sufficient information to
25 adequately inform the public of the nature of each contract.
26 Each issue shall include a comprehensive index of its
27 contents. A purchasing agency may also choose, as applicable
28 and in accordance with rules of the Board, to place notices
29 in the official State newspaper or a newspaper circulating in
30 a locality relevant to the specified procurement.
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1 Section 15-15. Publication. The Illinois Procurement
2 Bulletin shall be published at least once per month. It
3 shall be available through subscription for a minimal fee not
4 exceeding publication and distribution costs. The Illinois
5 Procurement Bulletin shall be distributed free to public
6 libraries within Illinois.
7 Each volume of the Illinois Procurement Bulletin shall be
8 available electronically and may be available in print.
9 References in this Code to the publication and distribution
10 of the Illinois Procurement Bulletin include both its print
11 and electronic formats.
12 Section 15-20. Qualified bidders. Subscription to the
13 Illinois Procurement Bulletin shall not be required to
14 qualify as a bidder or offeror under this Code.
15 Section 15-25. Bulletin content.
16 (a) Invitations for bids. Notice of each and every
17 contract that is offered, including renegotiated contracts
18 and change orders, shall be published in the Bulletin. The
19 Board may provide by rule an organized format for the
20 publication of this information, but in any case it must
21 include at least the date first offered, the date submission
22 of offers is due, the location that offers are to be
23 submitted to, the purchasing State agency, the responsible
24 State purchasing officer, a brief purchase description, the
25 method of source selection, and information of how to obtain
26 a comprehensive purchase description and any disclosure and
27 contract forms.
28 (b) Contracts let or awarded. Notice of each and every
29 contract that is let or awarded, including renegotiated
30 contracts and change orders, shall be published in the next
31 available subsequent Bulletin, and the Board may provide by
32 rule an organized format for the publication of this
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1 information, but in any case it must include at least all of
2 the information specified in subsection (a) as well as the
3 name of the successful responsible bidder or offeror, the
4 contract price, the number of unsuccessful responsive
5 bidders, and any other disclosure specified in any Section of
6 this Code.
7 (c) Emergency purchase disclosure. Any chief
8 procurement officer, State purchasing officer, or designee
9 exercising emergency purchase authority under this Code shall
10 publish a written description and reasons and the total cost,
11 if known, or an estimate if unknown and the name of the
12 responsible chief procurement officer and State purchasing
13 officer, and the business or person contracted with for all
14 emergency purchases in the next timely, practicable Bulletin.
15 Such description shall also state the name of the Board
16 member granting approval pursuant to Section 20-30.
17 (d) Other required disclosure. The applicable chief
18 procurement officer shall provide by rule for the organized
19 publication in a timely manner of all other disclosure
20 required in other Sections of this Code.
21 ARTICLE 20
22 SOURCE SELECTION AND CONTRACT FORMATION
23 Section 20-5. Method of source selection. Unless
24 otherwise authorized by this Code or by other law, all State
25 contracts shall be awarded by competitive sealed bidding, in
26 accordance with Section 20-10.
27 Section 20-10. Competitive sealed bidding.
28 (a) Conditions for use. All contracts shall be awarded
29 by competitive sealed bidding except as otherwise provided in
30 Section 20-5.
31 (b) Invitation for bids. An invitation for bids shall
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1 be issued and shall include a purchase description and the
2 material contractual terms and conditions applicable to the
3 procurement.
4 (c) Public notice. Public notice of the invitation for
5 bids shall be published in the Illinois Procurement Bulletin
6 at least 28 days before the date set in the invitation for
7 the opening of bids.
8 (d) Bid submission and opening. Bids shall be submitted
9 in a sealed form and shall be opened publicly in the presence
10 of one or more witnesses at the time and place designated in
11 the invitation for bids. The rules may provide for the
12 acceptance of bids submitted by fax, electronic data
13 exchange, or by other methods. The name of each bidder, the
14 amount of each bid, and other relevant information as may be
15 specified by rule shall be recorded. After the award of the
16 contract, the winning bid and the record of each unsuccessful
17 bid shall be open to public inspection.
18 (e) Bid acceptance and bid evaluation. Bids shall be
19 unconditionally accepted without alteration or correction,
20 except as authorized in this Code. Bids shall be evaluated
21 based on the requirements set forth in the invitation for
22 bids, which may include criteria to determine acceptability
23 such as inspection, testing, quality, workmanship, delivery,
24 and suitability for a particular purpose. Those criteria
25 that will affect the bid price and be considered in
26 evaluation for award, such as discounts, transportation
27 costs, and total or life cycle costs, shall be objectively
28 measurable. The invitation for bids shall set forth the
29 evaluation criteria to be used. Only criteria set forth in
30 the invitation for bids may be used in the bid evaluation.
31 (f) Correction or withdrawal of bids. Correction or
32 withdrawal of inadvertently erroneous bids before or after
33 award, or cancellation of awards of contracts based on bid
34 mistakes, shall be permitted in accordance with rules of the
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1 Board. After bid opening, no changes in bid prices or other
2 provisions of bids prejudicial to the interest of the State
3 or fair competition shall be permitted. All decisions to
4 permit the correction or withdrawal of bids based on bid
5 mistakes shall be supported by written determination made by
6 a purchasing agency.
7 (g) Award. The contract shall be awarded with
8 reasonable promptness by written notice to the lowest
9 responsible and responsive bidder whose bid meets the
10 requirements and criteria set forth in the invitation for
11 bids.
12 (h) Multi-step sealed bidding. When it is considered
13 impracticable to initially prepare a purchase description to
14 support an award based on price, an invitation for bids may
15 be issued, in accordance with the rules of the Board,
16 requesting the submission of unpriced offers to be followed
17 by an invitation for bids limited to those bidders whose
18 offers have been qualified under the criteria set forth in
19 the first solicitation.
20 Section 20-20. Small purchases.
21 (a) Amount. Any individual procurement of supplies or
22 services not exceeding $10,000 and any procurement of
23 construction not exceeding $30,000 may be made without
24 competitive sealed bidding. Procurements shall not be
25 artificially divided so as to constitute a small purchase
26 under this Section.
27 (b) Adjustment. Each July 1, the small purchase
28 maximums established in subsection (a) shall be adjusted for
29 inflation as determined by the Consumer Price Index for All
30 Urban Consumers as determined by the United States Department
31 of Labor and rounded to the nearest $100.
32 Section 20-25. Sole source procurements. Contracts may
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1 be awarded without notice or competition when there is only
2 one economically feasible source for the item, including but
3 not limited to, contracts for specific works of art and for
4 the services of a particular artist. Procurements under this
5 Section must be approved in advance by the Board. The
6 procuring agency shall maintain a list of contracts awarded
7 on a sole source basis including the reasons for determining
8 the contractor was the sole economically feasible source.
9 The list and the reasons shall be open to inspection, and
10 shall be published in the Illinois Procurement Bulletin in
11 the issue published after the contract is awarded.
12 Section 20-30. Emergency purchases.
13 (a) Conditions for use. In accordance with standards
14 set forth in rules promulgated by the Board, a purchasing
15 agency may make emergency procurements without competitive
16 sealed bidding or prior notice when there exists a threat to
17 public health or public safety, or when immediate expenditure
18 is necessary for repairs to State property in order to
19 protect against further loss of or damage to State property,
20 to prevent or minimize serious disruption in State services,
21 or to ensure the integrity of State records. Emergency
22 procurements shall be made with as much competition as is
23 practical under the circumstances and as required by the rule
24 of the Board. Emergency procurements must be approved in
25 advance by at least one member of the Board. A written
26 description of the basis for the emergency and reasons for
27 the selection of the particular contractor shall be included
28 in the contract file.
29 (b) Notice. Before the 10th of each month, the
30 purchasing agency shall publish in the Illinois Procurement
31 Bulletin a copy of each written description and reasons and
32 the total cost of each emergency procurement made during the
33 previous month. When only an estimate of the total cost is
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1 known at the time of publication, the estimate shall be
2 identified as an estimate and published. When the actual
3 total cost is determined, it shall also be published in like
4 manner before the 10th day of the next succeeding month.
5 (c) Affidavits. A purchasing agency making a
6 procurement under this Section shall file affidavits with
7 the Board and the Inspector General within 10 days after the
8 procurement setting forth the amount expended, the name of
9 the contractor involved, and the conditions and circumstances
10 requiring the emergency procurement. When only an estimate
11 of the cost is available within 10 days after the
12 procurement, the actual cost shall be reported immediately
13 after it is determined. The Board shall review the
14 affidavits for each emergency procurement at least once a
15 month, and any member of the Board may append comments. At
16 the end of each fiscal quarter, the Inspector General shall
17 file with the Auditor General, the Legislative Audit
18 Commission, and the Governor a complete listing of all
19 emergency procurements reported during that fiscal quarter.
20 The Legislative Audit Commission shall review the emergency
21 procurements so reported and, in its annual reports, advise
22 the General Assembly of procurements that appear to
23 constitute an abuse of this Section.
24 (d) Quick purchases. The Board may promulgate policies
25 extending the circumstances by which a purchasing agency may
26 make purchases under this Section, including but not limited
27 to the procurement of items available at a discount for a
28 limited period of time.
29 Section 20-35. Competitive selection procedures.
30 (a) Conditions for use. The services specified in
31 Article 35 shall be procured in accordance with this Section,
32 except as authorized under Sections 20-25 and 20-30 of this
33 Article or as authorized by the Board in accordance with the
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1 provisions of this Code.
2 (b) Statement of qualifications. Potential contractors
3 may submit statements of qualifications and expressions of
4 interest. The Board may specify a uniform format for
5 statements of qualifications. Persons may amend these
6 statements at any time by filing a new statement.
7 (c) Public announcement and form of request for
8 proposals. Public notice of the need for the procurement
9 shall be given in the form of a request for proposals and
10 published in the Illinois Procurement Bulletin at least 14
11 days before the date set in the request for proposals for the
12 opening of proposals. The request for proposals shall
13 describe the services required, list the type of information
14 and data required of each offeror, and shall state the
15 relative importance of particular qualifications.
16 (d) Discussions. The purchasing agency may conduct
17 discussions with any offeror who has submitted a proposal to
18 determine the offeror's qualifications for further
19 consideration. Discussions shall not disclose any
20 information derived from proposals submitted by other
21 offerors.
22 (e) Award. Award shall be made to the offeror
23 determined in writing by the purchasing agency to be best
24 qualified based on the evaluation factors set forth in the
25 request for proposals and negotiation of compensation
26 determined to be fair and reasonable. If compensation cannot
27 be agreed upon with the best qualified offeror, then
28 negotiations shall be formally terminated with the selected
29 offeror. If proposals were submitted by one or more other
30 offerors determined to be qualified, negotiations may be
31 conducted with the other offeror or offerors, in the order of
32 their respective qualification ranking. The contract may be
33 awarded to the offeror then ranked as best qualified if the
34 amount of compensation is determined to be fair and
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1 reasonable.
2 Section 20-40. Cancellation of invitations for bids or
3 requests for proposals. An invitation for bids, a request
4 for proposals, or any other solicitation may be cancelled, or
5 any and all bids or proposals may be rejected in whole or in
6 part as may be specified in the solicitation, when it is in
7 the best interests of the State in accordance with rules
8 promulgated by the Board. The reasons for cancellation or
9 rejection shall be made part of the contract file.
10 Section 20-45. Prequalification of suppliers. The Board
11 shall promulgate rules for the development of prequalified
12 supplier lists for appropriate categories of purchases and
13 the periodic updating of those lists.
14 Section 20-50. Specifications. Specifications shall be
15 prepared in accordance with standards set forth in rules
16 promulgated by the Board. Those standards shall include a
17 prohibition against the use of brand-name products except
18 under specified circumstances and a restriction on the use of
19 specifications drafted by a potential bidder. All
20 specifications shall seek to promote overall economy for the
21 purposes intended and encourage competition in satisfying the
22 State's needs and shall not be unduly restrictive.
23 Section 20-55. Types of contracts. Subject to the
24 limitations of this Section and unless otherwise authorized
25 by law, any type of contract that will promote the best
26 interests of the State may be used, except that
27 cost-plus-a-percentage-of-cost contracts are prohibited. A
28 cost-reimbursement contract may be used only when a
29 determination is made in writing that a cost-reimbursement
30 contract is likely to be less costly to the State than any
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1 other type or that it is impracticable to obtain the item
2 required except under that type of contract. The general
3 form of contracts shall be specified by the Comptroller.
4 Section 20-57. Contracts of $100,000 or more in a fiscal
5 year.
6 (a) Approval or signature. With respect to new
7 contracts, contract renewals, orders against master
8 contracts, and leases in the amount of $100,000 or more in a
9 fiscal year, and with respect to contract amendments or
10 changes to existing contracts, including change orders, task
11 orders, or requisitions that increase the value of such
12 contract to or by $100,000 or more in a fiscal year, no State
13 agency has authority to enter into any such new contract,
14 renewal, order, amendment, or change, or to file it with the
15 Comptroller, or to make payment thereon, unless and until it
16 has been approved in writing or signed by at least the
17 following 3 individuals:
18 (1) the director, secretary, or chief executive of
19 the State agency;
20 (2) the agency's State purchasing officer; and
21 (3) the chief legal counsel of the State agency;
22 provided, however, that if it does not employ a chief
23 legal counsel, then a senior administrative official of
24 the State agency.
25 (b) Artificial division. Procurements shall not be
26 artificially divided to avoid the requirements of this
27 Section.
28 (c) Notification. The State purchasing officer shall
29 notify the Board and the Inspector General within 10 days of
30 the execution of any contract pursuant to this Section.
31 Section 20-60. Duration of contracts.
32 (a) Maximum duration. A contract may be entered into
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1 for any period of time deemed by the Board to be in the best
2 interests of the State but not exceeding 10 years. The
3 length of a lease for real property or capital improvements
4 may be in accordance with the provisions of Section 40-25.
5 (b) Subject to appropriation. All contracts made or
6 entered into shall recite that they are subject to
7 termination and cancellation in any year for which the
8 General Assembly fails to make an appropriation to make
9 payments under the terms of the contract.
10 Section 20-65. Right to audit records.
11 (a) Maintenance of books and records. Every contract
12 and subcontract shall require the contractor or
13 subcontractor, as applicable, to maintain books and records
14 relating to the performance of the contract or subcontract
15 and necessary to support amounts charged to the State under
16 the contract or subcontract. The books and records shall be
17 maintained by the contractor for a period of 5 years from the
18 later of the date of final payment under the contract or
19 completion of the contract and by the subcontractor for a
20 period of 5 years from the later of the date of final payment
21 under the subcontract or completion of the subcontract.
22 However, the 5-year period shall be extended for the duration
23 of any audit in progress at the time of that period's
24 expiration.
25 (b) Audit. Every contract and subcontract shall provide
26 that all books and records required to be maintained under
27 subsection (a) shall be available for review and audit by the
28 Auditor General and the purchasing agency. Every contract
29 and subcontract shall require the contractor and
30 subcontractor, as applicable, to cooperate fully with any
31 audit.
32 (c) Failure to maintain books and records. Failure to
33 maintain the books and records required by this Section shall
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1 establish a presumption in favor of the State for the
2 recovery of any funds paid by the State for which required
3 books and records are not available.
4 Section 20-70. Finality of determinations.
5 Determinations made by a purchasing agency under this Code
6 are final and conclusive unless they are clearly erroneous,
7 arbitrary, capricious, or contrary to law.
8 Section 20-75. Disputes and protests. The Board shall
9 by rule establish procedures to be followed by purchasing
10 agencies in resolving protested solicitations and awards and
11 contract controversies, for debarment or suspension of
12 contractors, and for resolving other procurement-related
13 disputes.
14 Section 20-80. Contract files.
15 (a) Written determinations. All written determinations
16 required under this Article shall be placed in the contract
17 file maintained by the purchasing agency.
18 (b) Filing with Comptroller. Except for (1) contracts
19 paid from personal services or (2) contracts between the
20 State and its employees to defer compensation in accordance
21 with Article 24 of the Illinois Pension Code, whenever a
22 contract liability exceeding $10,000 is incurred by any State
23 agency, a copy of the contract, purchase order, or lease
24 shall be filed with the Comptroller within 15 days
25 thereafter. Any cancellation or modification to any such
26 contract liability shall be filed with the Comptroller within
27 15 days after its execution.
28 (c) Late filing affidavit. When a contract, purchase
29 order, or lease required to be filed by this Section has not
30 been filed within 30 days after execution, the Comptroller
31 shall refuse to issue a warrant for payment thereunder until
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1 the agency files with the Comptroller the contract, purchase
2 order, or lease and an affidavit, signed by the chief
3 executive officer of the agency or his or her designee,
4 setting forth an explanation of why the contract liability
5 was not filed within 30 days after execution. A copy of this
6 affidavit shall be filed with the Inspector General.
7 (d) Professional and artistic services contracts. No
8 voucher shall be submitted to the Comptroller for a warrant
9 to be drawn for the payment of money from the State treasury
10 or from other funds held by the State Treasurer on account of
11 any contract for services involving professional or artistic
12 skills involving an expenditure of more than $5,000 for the
13 same type of service at the same location during any fiscal
14 year unless the contract is reduced to writing before the
15 services are performed and filed with the Comptroller. When
16 a contract for professional or artistic skills in excess of
17 $5,000 was not reduced to writing before the services were
18 performed, the Comptroller shall refuse to issue a warrant
19 for payment for the services until the State agency files
20 with the Comptroller:
21 (1) a written contract covering the services, and
22 (2) an affidavit, signed by the chief executive
23 officer of the State agency or his or her designee,
24 stating that the services for which payment is being made
25 were agreed to before commencement of the services and
26 setting forth an explanation of why the contract was not
27 reduced to writing before the services commenced.
28 A copy of this affidavit shall be filed with the Inspector
29 General. The Comptroller shall maintain professional or
30 artistic service contracts filed under this Section
31 separately from other filed contracts.
32 (e) Method of source selection. When a contract is
33 filed with the Comptroller under this Section, the
34 Comptroller's file shall identify the method of source
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1 selection used in obtaining the contract.
2 Section 20-85. List of State contractors and bidders.
3 Each State purchasing officer and each construction agency
4 shall compile and maintain a list of all vendors, bidders,
5 and contractors who submit a bid, proposal, or other type of
6 offer, whether successful or unsuccessful. The list shall be
7 forwarded to the Board as provided by Board rules. The Board
8 shall compile and maintain a complete list of all bidders for
9 all State agencies. The Board shall update the list and
10 publish it in the Procurement Bulletin at least
11 semi-annually. The list shall be made publicly available.
12 Section 20-90. Federal requirements. A State agency
13 receiving federal funds shall have authority to adapt its
14 procedures, rules, project statements, drawings, maps,
15 surveys, plans, specifications, contract terms, estimates,
16 bid forms, bond forms, and other documents or practices
17 necessary to comply with the regulations, policies, and
18 procedures of the designated authority, administration or
19 department of the United States in order to remain eligible
20 for such federal funds; provided that procurement by any such
21 State agency using non-federal funds shall be subject to the
22 provisions of this Code.
23 Section 20-95. Foreign country procurements.
24 Procurements to meet the needs of State offices located in
25 foreign countries shall comply with the provisions of this
26 Code to the extent practical.
27 Section 20-105. Donations. Nothing in this Code or in
28 the rules promulgated hereunder shall prevent any State
29 agency from complying with the terms and conditions of any
30 grant, gift, or bequest which calls for the procurement of a
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1 particular good or service, or use of a particular
2 contractor, provided the grant, gift, or bequest provides
3 complete funding for the contract.
4 ARTICLE 25
5 SUPPLIES AND SERVICES (EXCLUDING
6 PROFESSIONAL OR ARTISTIC)
7 Section 25-5. Applicability. All contracts for supplies
8 and services shall be procured in accordance with the
9 provisions of this Article.
10 Section 25-10. Authority. State purchasing officers
11 shall have the authority to procure supplies and services,
12 except as that authority may be limited by the Board or
13 delegated by the State purchasing officer in accordance with
14 Section 10-15.
15 Section 25-15. Method of source selection. Except as
16 provided in Sections 20-20, 20-25, and 20-30, all State
17 contracts for supplies and services shall be awarded by
18 competitive sealed bidding in accordance with Section 20-10.
19 Section 25-20. Prevailing wage requirements.
20 (a) Applicability. All services furnished under
21 printing contracts exceeding $25,000 and under service
22 contracts exceeding $2,000 or $200 per month shall be
23 performed by employees of the contractor receiving the
24 prevailing wage rate and working under conditions prevalent
25 in the locality in which the work is produced. A contract
26 bidder or offeror, in order to be considered a responsible
27 bidder or offeror for the purposes of this Code, shall
28 certify to the State purchasing officer that wages paid to
29 its employees are no less, and fringe benefits and working
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1 conditions of employees are not less favorable, than those
2 prevailing in the locality where the contract is to be
3 performed. Prevailing wages and working conditions shall be
4 determined by the Director of Labor. Whenever a collective
5 bargaining agreement is in effect between an employer, other
6 than a State agency, and service or printing employees as
7 defined in this Section who are represented by a responsible
8 organization that is in no way influenced or controlled by
9 the management, that agreement and its provisions shall be
10 considered as conditions prevalent in that locality and shall
11 be the minimum requirements taken into consideration by the
12 Director of Labor. Collective bargaining agreements between
13 State employees and the State of Illinois shall not be taken
14 into account by the Department of Labor in determining the
15 prevailing wage rate.
16 (b) Services and printing defined. As used in this
17 Section, "services" means janitorial cleaning services,
18 window cleaning services, food services, and security
19 services. "Printing" means all processes and operations
20 involved in printing and any type of photographic
21 reproduction or other duplicating process, including but not
22 limited to letterpress, offset, and gravure processes, the
23 multilith method, any type of photographic or other
24 duplicating process, and the operations of composition,
25 platemaking, presswork, and binding; and the end products of
26 those processes, methods, and operations. As used in this
27 Section "printing" does not include photocopiers used in the
28 course of normal business activities, photographic equipment
29 used for geographic mapping, printed matter used in the
30 normal day to day operations of the General Assembly, the
31 printing of State Lottery tickets, shares, or other State
32 Lottery game related materials, or preprinted or printed
33 matter that is commonly available to the general public from
34 contractor inventory.
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1 (c) Inapplicability. This Section does not apply to
2 services furnished under contracts for professional or
3 artistic services. This Section does not apply to vocational
4 programs of training for persons with physical or mental
5 disabilities.
6 Section 25-30. More favorable terms. A supply or
7 service contract may include, if determined by a State
8 purchasing officer to be in the best interests of the State,
9 a clause requiring that if more favorable terms are granted
10 by the contractor to any similar state or local governmental
11 agency in any state in a contemporaneous agreement let under
12 the same or similar financial terms and circumstances for
13 comparable supplies or services, the more favorable terms
14 shall be applicable under the contract.
15 Section 25-35. Purchase of coal and postage stamps.
16 (a) Delivery of necessary supplies. To avoid
17 interruption or impediment of delivery of necessary supplies,
18 commodities, and coal, State purchasing officers may make
19 purchases of or contracts for supplies and commodities after
20 April 30 of a fiscal year when delivery of the supplies and
21 commodities is to be made after June 30 of that fiscal year
22 and payment for which is to be made from appropriations for
23 the next fiscal year.
24 (b) Postage. All postage stamps purchased from State
25 funds must be perforated for identification purposes. A
26 General Assembly member may furnish the U.S. Post Office with
27 a warrant so as to allow for the creation or continuation of
28 a bulk rate mailing fund in the name of the General Assembly
29 member or may furnish a postage meter company or post office
30 with a warrant so as to facilitate the purchase of a postage
31 meter and its stamps. Any postage meter so purchased must
32 also contain a stamp that shall state "Official State Mail".
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1 Section 25-40. Freight increases. If the Illinois
2 Department of Transportation provides by contract or
3 regulation that general increases in freight rates incurred
4 by a contractor after entering into the contract may be added
5 to the contract price or passed through to the Department,
6 then this remedy shall be available to the contractor whether
7 the increased general freight rates are for railroads, barge
8 lines, or motor carriers of property.
9 Section 25-45. Energy conservation program. State
10 purchasing officers may enter into energy conservation
11 program contracts that provide for utility cost savings. The
12 Board shall promulgate and adopt rules for the implementation
13 of this Section.
14 Section 25-55. Annual reports. Every printed annual
15 report produced by a State agency shall bear a statement
16 indicating whether it was printed by the State of Illinois or
17 by contract and indicating the printing cost per copy and the
18 number of copies printed. The Department of Central
19 Management Services shall prepare and submit to the General
20 Assembly on the fourth Wednesday of January in each year a
21 report setting forth with respect to each State agency for
22 the calendar year immediately preceding the calendar year in
23 which the report is filed the total quantity of annual
24 reports printed, the total cost, and the cost per copy and
25 the cost per page of the annual report of the State agency
26 printed during the calendar year covered by the report.
27 Section 25-60. General Assembly printing; session laws.
28 (a) Authority. Public printing for the use of either
29 House of the General Assembly shall be subject to its
30 control. Any printing or operation of printing that the
31 Legislative Printing Unit is unable to perform may be
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1 purchased in accordance with this Article.
2 (b) Time of delivery. Daily calendars, journals, and
3 other similar printing for which manuscript or copy is
4 delivered to the Legislative Printing Unit by the clerical
5 officer of either House shall be printed so as to permit
6 delivery at any reasonable time required by the clerical
7 officer. Any petition, bill, resolution, joint resolution,
8 memorial, and similar manuscript or copy delivered to the
9 Legislative Printing Unit by the clerical officer of either
10 House shall be printed at any reasonable time required by
11 that officer.
12 (c) Style. The manner, form, style, size, and
13 arrangement of type used in printing the bills, resolutions,
14 amendments, conference reports, and journals, including daily
15 journals, of the General Assembly shall be as provided in the
16 Rules of the General Assembly.
17 (d) Daily journal. The Clerk of the House of
18 Representatives and the Secretary of the Senate shall each
19 prepare and deliver to the Legislative Printing Unit,
20 immediately after the close of each daily session, a
21 printer's copy of the daily journal for their respective
22 House.
23 (e) Daily and bound journals.
24 (1) Subscriptions. The Legislative Printing Unit
25 shall have printed the number of copies of the daily
26 journal as may be requested by the clerical officer of
27 each House. The Secretary of the Senate and the Clerk of
28 the House of Representatives shall furnish a copy of each
29 daily journal of their respective House to those persons
30 who apply therefor upon payment of a reasonable
31 subscription fee established separately by the Secretary
32 of the Senate and the Clerk of the House for their
33 respective House. Each subscriber shall specify at the
34 time he or she subscribes the address where he or she
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1 wishes the journals mailed. The daily journals shall be
2 furnished free of charge on a pickup basis to State
3 offices and to the public as long as the supply lasts.
4 The Secretary of the Senate and the Clerk of the House
5 shall determine the number of journals available for
6 pickup at their respective offices.
7 (2) Other copies. After the General Assembly
8 adjourns, the Clerk of the House and the Secretary of the
9 Senate shall prepare and deliver to the Legislative
10 Printing Unit a printer's copy of matter for the regular
11 House and Senate journals, together with any matter, not
12 previously printed in the daily journals, that is
13 required by law, by order of either House, or by joint
14 resolution to be printed in the journals. The
15 Legislative Printing Unit shall have printed the number
16 of copies of the bound journal as may be requested by the
17 clerical officer of each House. A reasonable number of
18 bound volumes of the journal of each House of the General
19 Assembly shall be provided to State and local officers,
20 boards, commissions, institutions, departments, agencies,
21 and libraries requesting them through canvasses conducted
22 separately by the Secretary of the Senate and the Clerk
23 of the House. Reasonable fees established separately by
24 the Secretary of the Senate and the Clerk of the House
25 may be charged for bound volumes of the journal of each
26 House of the General Assembly.
27 (f) Session laws. Immediately after the General Assembly
28 adjourns, the Secretary of State shall prepare a printer's
29 copy for the "Session Laws of Illinois" that shall set forth
30 in full all Acts and joint resolutions passed by the General
31 Assembly at the session just concluded and all executive
32 orders of the Governor taking effect under Article V, Section
33 11 of the Constitution and the Executive Reorganization
34 Implementation Act. The printer's copy shall be furnished
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1 and delivered to the Secretary of State by the Enrolling and
2 Engrossing Department of the 2 Houses. At the time an
3 enrolled law is filed with the Secretary of State, whether
4 before or after the conclusion of the session in which it was
5 passed, it shall be assigned a Public Act number, the first
6 part of which shall be the number of the General Assembly
7 followed by a dash and then a number showing the order in
8 which that law was filed with the Secretary of State. The
9 title page of each volume of the session laws shall contain
10 the following: "Printed by the authority of the General
11 Assembly of the State of Illinois". The laws shall be
12 arranged by the Secretary of State and printed in the
13 chronological order of Public Act numbers. At the end of
14 each Act the dates when the Act was passed by the General
15 Assembly and when the Act was approved by the Governor shall
16 be stated. Any Act becoming law without the approval of the
17 Governor shall be marked at its end in the session laws by
18 the printed certificate of the Secretary of State. Executive
19 orders taking effect under Article V, Section 11 of the
20 Constitution and the Executive Reorganization Implementation
21 Act shall be printed in chronological order of executive
22 order number and shall state at the end of each executive
23 order the date it was transmitted to the General Assembly and
24 the date it takes effect. In the case of an amendatory Act,
25 the changes made by the amendatory Act shall be indicated in
26 the session laws in the following manner: (i) all new matter
27 shall be underscored; and (ii) all matter deleted by the
28 amendatory Act shall be shown crossed with a line. The
29 Secretary of State shall prepare and furnish a table of
30 contents and an index to each volume of the session laws.
31 (g) Distribution. The bound volumes of the session laws
32 of the General Assembly shall be made available to the
33 following:
34 (1) one copy of each to each State officer, board,
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1 commission, institution, and department requesting a copy
2 in accordance with a canvass conducted by the Secretary
3 of State before the printing of the session laws except
4 judges of the appellate courts and judges and associate
5 judges of the circuit courts;
6 (2) 10 copies to the law library of the Supreme
7 Court; one copy each to the law libraries of the
8 appellate courts; and one copy to each of the county law
9 libraries or, in those counties without county law
10 libraries, one copy to the clerk of the circuit court;
11 (3) one copy of each to each county clerk;
12 (4) 10 copies of each to the library of the
13 University of Illinois;
14 (5) 3 copies of each to the libraries of the
15 University of Illinois at Chicago, Southern Illinois
16 University at Carbondale, Southern Illinois University at
17 Edwardsville, Northern Illinois University, Western
18 Illinois University, Eastern Illinois University,
19 Illinois State University, Chicago State University,
20 Northeastern Illinois University, Chicago Kent College of
21 Law, DePaul University, John Marshall Law School, Loyola
22 University, Northwestern University, Roosevelt
23 University, and the University of Chicago;
24 (6) a number of copies sufficient for exchange
25 purposes to the Legislative Reference Bureau and the
26 University of Illinois College of Law Library;
27 (7) a number of copies sufficient for public
28 libraries in the State and the State Library; and
29 (8) the remainder shall be retained for
30 distribution as the interests of the State may require to
31 persons making application in writing or in person for
32 the publication.
33 (h) Messages and reports. The following shall be
34 printed in a quantity not to exceed the maximum stated in
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1 this subsection and bound and distributed at public expense:
2 (1) messages to the General Assembly by the
3 Governor, 10,000 copies;
4 (2) the biennial report of the Lieutenant Governor,
5 1,000 copies;
6 (3) the biennial report of the Secretary of State,
7 3,000 copies;
8 (4) the biennial report of the State Comptroller,
9 5,000 copies;
10 (5) the biennial report of the State Treasurer,
11 3,000 copies;
12 (6) the annual report of the State Board of
13 Education, 6,000 copies; and
14 (7) the biennial report and annual opinions of the
15 Attorney General, 5,000 copies.
16 The reports of all other State officers, boards,
17 commissions, institutions, and departments shall be printed,
18 bound, and distributed at public expense in a number of
19 copies determined from previous experience not to exceed the
20 probable and reasonable demands of the State therefor. Any
21 other report required by law to be made to the Governor
22 shall, upon his or her order, be printed in the quantity
23 ordered by the Governor, bound and distributed at public
24 expense.
25 (i) Prohibition. All books, pamphlets, documents, and
26 reports published through or by the State of Illinois or any
27 State agency, board, or commission shall have printed thereon
28 "Printed by authority of the State of Illinois", the date of
29 each publication, the number of copies printed, and the
30 printing order number. Each using agency shall be
31 responsible for ascertaining the compliance of printing
32 materials procured by or for it with this subsection. No
33 printing or reproduction contract shall be let and no
34 printing or reproduction shall be accomplished when that
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1 wording does not appear on the material to be printed or
2 reproduced. No publication may have written, stamped, or
3 printed on it, or attached to it, "Compliments of ........
4 (naming a person)" or any words of similar import.
5 Section 25-65. Printing cost offsets. The chief
6 procurement officers may promulgate rules permitting the
7 exchange of advertising rights in or receipt of free copies
8 of printed products procured under this Article as a means of
9 reducing printing costs. The rules shall specify the
10 appropriate method of source selection to be used to
11 competitively acquire printing cost offsets.
12 ARTICLE 30
13 CONSTRUCTION AND CONSTRUCTION-
14 RELATED PROFESSIONAL SERVICES
15 Section 30-5. Applicability. Construction and
16 construction-related professional services shall be procured
17 in accordance with this Article.
18 Section 30-10. Authority. Construction agencies shall
19 have the authority to procure construction and
20 construction-related professional services.
21 Section 30-15. Method of source selection.
22 (a) Competitive sealed bidding. Except as provided
23 otherwise by this Code or by other law, all State
24 construction contracts shall be awarded by competitive sealed
25 bidding in accordance with Section 20-10.
26 (b) Construction-related professional services. All
27 construction-related professional services contracts shall be
28 awarded in accordance with the provisions of the
29 Architectural, Engineering, and Land Surveying Qualifications
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1 Based Selection Act and Article 35 of this Code.
2 "Professional services" means those services within the scope
3 of the practice of architecture, professional engineering,
4 structural engineering, or registered land surveying, as
5 defined by the laws of this State.
6 (c) Correctional facilities. Remodeling and
7 rehabilitation projects at correctional facilities under
8 $25,000 are exempt from the provisions of this Code only when
9 the Department of Corrections uses inmate labor for the
10 remodeling or rehabilitation.
11 Section 30-20. Prequalification. The Board shall
12 promulgate rules for the development of prequalified supplier
13 lists for construction and construction-related professional
14 services and the periodic updating of those lists.
15 Construction and construction-related professional services
16 contracts over $25,000 may be awarded to any qualified
17 suppliers pursuant to the provisions of this Code.
18 Section 30-25. Retention of a percentage of contract
19 price. Whenever any contract entered into by a construction
20 agency for the repair, remodeling, renovation, or
21 construction of a building or structure, for the construction
22 or maintenance of a highway, as those terms are defined in
23 Article 2 of the Illinois Highway Code, or for the
24 reclamation of abandoned lands as those terms are defined in
25 Article I of the Abandoned Mined Lands and Water Reclamation
26 Act provides for the retention of a percentage of the
27 contract price until final completion and acceptance of the
28 work, upon the request of the contractor and with the
29 approval of the construction agency the amount so retained
30 may be deposited under a trust agreement with an Illinois
31 bank of the contractor's choice and subject to the approval
32 of the construction agency. The contractor shall receive any
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1 interest on the deposited amount. Upon application by the
2 contractor, the trust agreement must contain, at a minimum,
3 the following 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 of the Board.
17 Section 30-30. Contracts in excess of $250,000. For
18 construction contracts in excess of $250,000, separate
19 specifications shall be prepared for all equipment, labor,
20 and materials in connection with the following 5 subdivisions
21 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
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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.
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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 30-40. Certification. Any contract entered into
13 or expenditure of funds by a construction agency for
14 remodeling, renovation, or construction, involving an
15 expenditure in excess of $10,000, shall be subject to the
16 supervision of a licensed architect or engineer. No payment
17 shall be made for the remodeling, renovation, or construction
18 unless the vouchers or invoice for the work is accompanied by
19 a written certificate of the licensed architect or engineer
20 that the payment represents work satisfactorily completed,
21 labor, or materials incorporated in or stored at the site of
22 the work; provided, periodic payments can be made during the
23 course of the work upon a certificate of the licensed
24 architect or engineer indicating the proportionate amount of
25 the total work completed satisfactorily. Architect or
26 engineer supervision and certification shall not apply to
27 refurbishing, repair, or maintenance projects that are
28 determined by the Illinois Capital Development Board's
29 Executive Director or its designated technical staff as not
30 being the practice of architecture as defined in Section 3 of
31 the Illinois Architecture Practice Act of 1989, nor the
32 practice of professional engineering as defined in Section 3
33 of the Professional Engineering Practice Act of 1989, nor the
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1 practice of structural engineering as defined in Section 5 of
2 the Structural Engineering Licensing Act of 1989.
3 Section 30-45. Other Acts. This Article is subject to
4 applicable provisions of the following Acts:
5 (1) the Prevailing Wage Act;
6 (2) the Public Construction Bond Act;
7 (3) the Public Works Employment Discrimination Act;
8 (4) the Public Works Preference Act;
9 (5) the Employment of Illinois Workers on Public
10 Works Act;
11 (6) the Public Contract Fraud Act; and
12 (7) the Illinois Construction Evaluation Act.
13 ARTICLE 35
14 PROFESSIONAL OR ARTISTIC SERVICES
15 Section 35-5. Applicability. All contracts for
16 professional or artistic services shall be procured in
17 accordance with the provisions of this Article.
18 Section 35-10. Authority. Each State agency shall have
19 the authority to procure its own professional or artistic
20 services.
21 Section 35-15. Method of source selection. Competitive
22 selection procedures. Except as provided otherwise by this
23 Code or by other law, all State contracts for professional or
24 artistic services of less than $50,000 shall be awarded by a
25 competitive request for proposal process in accordance with
26 this Section and Section 20-35. Except as provided otherwise
27 by this Code or by other law, all State contracts for
28 professional or artistic services of $50,000 or more shall be
29 awarded by competitive sealed bidding in accordance with
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1 Section 20-10. Nothing in this Section shall prohibit a
2 contract of less than $50,000 from being awarded by
3 competitive sealed bidding in accordance with Section 20-10.
4 Section 35-17. Prequalification.
5 (a) The Board shall develop appropriate and reasonable
6 prequalification standards and categories of professional and
7 artistic services.
8 (b) The prequalifications and categorizations shall be
9 published for public comment prior to their submission to the
10 Joint Committee on Administrative Rules for approval.
11 (c) Each State purchasing officer shall assemble and
12 maintain a comprehensive list of prequalified and categorized
13 businesses and persons.
14 (d) Prequalification shall not be used to bar or prevent
15 any qualified business or person for bidding or responding to
16 invitations for bid or proposal.
17 Section 35-20. Uniformity in procurement.
18 (a) The Board shall develop, cause to be printed, and
19 distribute uniform documents for the solicitation, review,
20 and acceptance of all professional and artistic services.
21 (b) All State purchasing officers and their designees
22 shall use the uniform procedures and forms specified in this
23 Code for all professional and artistic services.
24 (c) These forms shall include in detail, in writing, at
25 least:
26 (1) a description of the goal to be achieved;
27 (2) the services to be performed;
28 (3) the need for the service;
29 (4) the qualifications that are necessary; and
30 (5) a plan for post-performance review.
31 Section 35-25. Uniformity in contract.
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1 (a) The Board shall develop, cause to be printed, and
2 distribute uniform documents for the contracting of
3 professional and artistic services.
4 (b) All State purchasing officers and their designees
5 shall use these uniform contracts and forms in contracting
6 for all professional and artistic services.
7 (c) These contracts and forms shall include in detail,
8 in writing, at least:
9 (1) the detail listed in subsection (c) of Section
10 35-20;
11 (2) the duration of the contract, with a schedule
12 of delivery, when applicable;
13 (3) the method for charging and measuring cost
14 (hourly, per day, etc.);
15 (4) the rate of remuneration; and
16 (5) the maximum price.
17 Section 35-30. Awards.
18 (a) All State contracts for professional and artistic
19 services that are awarded using the competitive request for
20 proposal process shall be awarded as outlined in this
21 Section.
22 (b) For each contract offered, the chief procurement
23 officer, State purchasing officer, or his or her designee
24 shall use the appropriate standard solicitation forms
25 available from the Board.
26 (c) Prepared forms shall be submitted to the State
27 purchasing officer for publication in the Illinois
28 Procurement Bulletin and circulation to the State purchasing
29 officer's list of prequalified vendors. Notice of the offer
30 or request for proposal shall appear at least 28 days before
31 the response to the offer is due.
32 (d) All interested respondents shall return their
33 responses to the State purchasing officer, who shall open and
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1 record them. The State purchasing officer then shall forward
2 the responses, together with any information he or she has
3 available about the qualifications and other State work of
4 the respondents.
5 (e) After evaluation, ranking, and selection, the
6 responsible State purchasing officer, or his or her designee
7 shall notify the Board of the successful respondent and shall
8 forward a copy of the signed contract for the Board's file.
9 The Board shall publish the names of the responsible
10 procurement decision-maker, the agency letting the contract,
11 the successful respondent, a contract reference, and value of
12 the let contract in the next appropriate volume of the
13 Illinois Procurement Bulletin.
14 (f) For all professional and artistic contracts with
15 annualized value that exceeds $25,000, evaluation and ranking
16 by price are required. When the lowest proposal is not
17 selected, the chief procurement officer or the State
18 purchasing officer shall forward together with the contract
19 notice of who made the low proposal and a written decision as
20 to why another was selected to the Board. The Board shall
21 publish as provided in subsection (e), but shall include
22 notice of the chief procurement officer's or State purchasing
23 officer's written decision.
24 Section 35-32. Exception to competitive request for
25 proposal procedure.
26 (a) An exception to Section 35-30 is allowed at the
27 discretion of the chief procurement officer or the State
28 purchasing officer, but not their designees, for professional
29 and artistic contracts that are nonrenewable, are one year or
30 less in duration, and have a value of less than $10,000.
31 (b) All exceptions granted under this Section must still
32 be submitted to the Board and published as provided in
33 subsection (f) of Section 35-30, shall name the authorizing
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1 chief procurement officer or State purchasing officer, and
2 shall include a brief explanation of the reason for the
3 exception.
4 Section 35-35. Subcontractors.
5 (a) Use specified. Any contract for professional or
6 artistic services shall state whether the services of a
7 subcontractor will be used. The contract shall include the
8 names and addresses of all subcontractors and the anticipated
9 amount of money that they will receive under the contract.
10 (b) Amendment. If at any time a contractor for
11 professional or artistic services that had not intended to
12 use the services of a subcontractor decides to use a
13 subcontractor, the contractor and the State agency shall file
14 an amendment to the original contract with the Comptroller
15 stating the names and addresses of all subcontractors and the
16 anticipated amount of money that they will receive under the
17 original contract.
18 ARTICLE 40
19 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
20 Section 40-5. Applicability. All leases for real
21 property or capital improvements, including office and
22 storage space, buildings, and other facilities for State
23 agencies, shall be procured in accordance with the provisions
24 of this Article.
25 Section 40-10. Authority. State purchasing officers
26 shall have the authority to procure leases for real property
27 or capital improvements, except as that authority may be
28 limited by the Board or delegated by the State purchasing
29 officer in accordance with Section 10-15.
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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 (c) Leases with governmental units. Leases with other
16 governmental units may be negotiated without using the
17 request for information process when deemed by the Board to
18 be in the best interest of the State.
19 Section 40-20. Request for information.
20 (a) Conditions for use. Leases shall be procured by
21 request for information except as otherwise provided in
22 Section 40-15.
23 (b) Form. A request for information shall be issued and
24 shall include:
25 (1) the type of property to be leased;
26 (2) the proposed uses of the property;
27 (3) the duration of the lease;
28 (4) the preferred location of the property; and
29 (5) a general description of the configuration
30 desired.
31 (c) Public notice. Public notice of the request for
32 information for the availability of real property to lease
33 shall be published in the Illinois Procurement Bulletin at
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1 least 14 days before the date set forth in the request for
2 receipt of responses and shall also be published in similar
3 manner in a newspaper of general circulation in the community
4 or communities where the using agency is seeking space.
5 (d) Response. The request for information response
6 shall consist of written information sufficient to show that
7 the respondent can meet minimum criteria set forth in the
8 request. State purchasing officers may enter into
9 discussions with respondents for the purpose of clarifying
10 State needs and the information supplied by the respondents.
11 On the basis of the information supplied and discussions, if
12 any, a State purchasing officer shall make a written
13 determination identifying the responses that meet the minimum
14 criteria set forth in the request for information.
15 Negotiations shall be entered into with all qualified
16 respondents for the purpose of securing a lease that is in
17 the best interest of the State. A written report of the
18 negotiations shall be retained in the lease files and shall
19 include the reasons for the final selection. All leases
20 shall be reduced to writing and filed in accordance with the
21 provisions of Section 20-80.
22 (e) Exceptions. A request for information process need
23 not be used and the procurement may be negotiated when,
24 according to Board rules, the purchasing officer determines
25 that negotiations are in the best interest of the State in
26 the following situations:
27 (1) renewal or extension of leases;
28 (2) temporary space as defined by rule; or
29 (3) specialized space available at only one
30 location and parking.
31 Section 40-25. Length of leases.
32 (a) Maximum term. Leases shall be for a term not to
33 exceed 10 years and shall include a termination option in
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1 favor of the State after 5 years.
2 (b) Renewal. Leases may include a renewal option. An
3 option to renew may be exercised only when a State purchasing
4 officer determines in writing that renewal is in the best
5 interest of the State.
6 (c) Subject to appropriation. All leases shall recite
7 that they are subject to termination and cancellation in any
8 year for which the General Assembly fails to make an
9 appropriation to make payments under the terms of the lease.
10 Section 40-30. Purchase option. Initial leases of all
11 space in entire, free-standing buildings shall include an
12 option to purchase exercisable by the State, unless the
13 purchasing officer determines that inclusion of such purchase
14 option is not in the State's best interest and makes that
15 determination in writing along with the reasons for making
16 that determination. Leases from governmental units and
17 not-for-profit entities are exempt from requirements of this
18 Section.
19 Section 40-35. Rent without occupancy. Except when
20 deemed by the Board to be in the best interest of the State,
21 no State agency may incur rental obligations before occupying
22 the space rented.
23 Section 40-40. Local site preferences. Upon the request
24 of the chief executive officer of a unit of local government,
25 leasing preferences may be given to sites located in
26 enterprise zones, tax increment districts, or redevelopment
27 districts.
28 ARTICLE 42
29 CONCESSIONS
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1 Section 42-10. Concessions and leases of State property.
2 (a) Authority. Concessions, including the assignment,
3 license, sale, or transfer of interests in or rights to
4 discoveries, inventions, patents, or copyrightable works, and
5 leases of State property, including easements, may be entered
6 into by the State agency with jurisdiction over the property,
7 whether tangible or intangible.
8 (b) Awards. All concessions and leases of State
9 property shall be reduced to writing and shall be awarded
10 under the provisions of Article 20, except that the contract
11 shall be awarded to the highest and best bidder or offeror.
12 Section 42-20. Contract duration and terms. The
13 duration and terms of concessions and leases of State
14 property shall be in accordance with applicable law or rule.
15 ARTICLE 45
16 PREFERENCES
17 Section 45-5. Procurement preferences. To promote
18 business and employment opportunities in Illinois,
19 procurement preferences are established and shall be
20 applicable to any procurement made under this Code.
21 Section 45-10. Resident bidders.
22 (a) Amount of preference.
23 (1) A resident contractor shall be allowed a
24 preference as against a non-resident contractor in the
25 event of a tie bid.
26 (2) A resident contractor shall be allowed a
27 preference as against a non-resident contractor from any
28 state that gives or requires a preference to contractors
29 from that state. The preference shall be equal to the
30 preference given or required by the state of the
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1 non-resident contractor.
2 (3) If only non-resident contractors are competing,
3 the purchasing agency is within its right to specify that
4 Illinois labor and manufacturing locations be used as a
5 part of the manufacturing process, if applicable. This
6 specification may be negotiated as part of the
7 procurement process.
8 (b) Residency. A resident bidder is a person authorized
9 to transact business in this State and having a bona fide
10 establishment for transacting business within this State
11 where it was actually transacting business on the date when
12 any bid for a public contract is first advertised or
13 announced. A resident bidder includes a foreign corporation
14 duly authorized to transact business in this State that has a
15 bona fide establishment for transacting business within this
16 State where it was actually transacting business on the date
17 when any bid for a public contract is first advertised or
18 announced.
19 (c) Federal funds. This Section does not apply to any
20 contract for any project as to which federal funds are
21 available for expenditure when its provisions may be in
22 conflict with federal law or federal regulation.
23 Section 45-15. Soybean oil-based ink.
24 (a) Contracts requiring the procurement of printing
25 services shall specify the use of soybean oil-based ink
26 unless a State purchasing officer determines that another
27 type of ink is required to assure high quality and reasonable
28 pricing of the printed product.
29 (b) All other printing done by or for the State shall
30 use soybean oil-based ink unless the agency by or for whom
31 the printing is done determines that another type of ink is
32 required to assure high quality and reasonable pricing of the
33 printed product. Printing done by or for the State in
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1 soybean oil-based ink shall state, if practical, that soybean
2 oil-based ink was used.
3 Section 45-20. Recycled materials. When a public
4 contract is to be awarded to the lowest responsible bidder,
5 an otherwise qualified bidder who will fulfill the contract
6 through the use of products made of recycled materials may,
7 on a pilot basis or in accordance with a pilot study, be
8 given preference over other bidders unable to do so, provided
9 that the cost included in the bid of products made of
10 recycled materials is not more than 10% greater than the cost
11 of products not made of recycled materials.
12 Section 45-25. Recyclable paper. All paper purchased
13 for use by State agencies must be recyclable paper unless
14 recyclable paper cannot be used to meet the requirements of
15 the State agencies. State agencies shall determine their
16 paper requirements to allow the use of recyclable paper
17 whenever possible, including without limitation using plain
18 paper rather than colored paper that is not recyclable.
19 Section 45-30. Correctional industries. Notwithstanding
20 any other provision to the contrary, the Board shall, in
21 consultation with the Department of Corrections, determine
22 which articles, materials, industry related services, food
23 stuffs, and supplies that are produced or manufactured by
24 persons confined in institutions and facilities of the
25 Department of Corrections shall be given preference by
26 purchasing agencies procuring those items. The Board shall
27 develop and distribute to the various Procurement and Using
28 Agencies procedures for executing this Section.
29 Section 45-35. Sheltered workshops for the severely
30 handicapped.
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1 (a) Qualification. Supplies and services may be
2 procured without advertising or calling for bids from any
3 qualified not-for-profit agency for the severely handicapped
4 that:
5 (1) complies with Illinois laws governing private
6 not-for-profit organizations;
7 (2) is certified as a sheltered workshop by the
8 Wage and Hour Division of the United States Department of
9 Labor; and
10 (3) meets the Department of Human Services just
11 standards for rehabilitation facilities.
12 (b) Participation. To participate, the not-for-profit
13 agency must have indicated an interest in providing the
14 supplies and services, must meet the specifications and needs
15 of the using agency, and must set a fair market price.
16 (c) Committee. There is created within the jurisdiction
17 of the Board a committee to facilitate the purchase of
18 products and services of persons so severely handicapped by a
19 physical or mental disability that they cannot engage in
20 normal competitive employment. The committee shall consist
21 of the Director of Central Management Services, the Director
22 of Human Services, and 2 representatives from private
23 business and 2 public members all appointed by the Governor
24 who are knowledgeable in the needs and concerns of
25 rehabilitation facilities in Illinois. The public members
26 shall serve 2 year terms, commencing upon appointment and
27 every 2 years thereafter. A public member may be
28 reappointed, and vacancies may be filled by appointment for
29 the completion of the term. The members shall serve without
30 compensation but shall be reimbursed for expenses at a rate
31 equal to that of State employees on a per diem basis by the
32 Board. All members shall be entitled to vote on issues before
33 the committee.
34 The committee shall have the following powers and duties:
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1 (1) To request from any State agency information as
2 to product specification and service requirements in
3 order to carry out its purpose.
4 (2) To meet quarterly or more often as necessary to
5 carry out its purposes.
6 (3) To request a quarterly report from each
7 participating qualified not-for-profit agency for the
8 severely handicapped describing the volume of sales for
9 each product or service sold under this Section.
10 (4) To prepare a report for the Governor and the
11 Board annually.
12 (5) To prepare a publication that lists all
13 supplies and services currently available from any
14 qualified not-for-profit agency for the severely
15 handicapped. This list and any revisions shall be
16 distributed to all purchasing agencies.
17 (6) To encourage diversity in supplies and services
18 provided by qualified not-for-profit agencies for the
19 severely handicapped and discourage unnecessary
20 duplication or competition among facilities.
21 (7) To develop guidelines to be followed by
22 qualifying agencies for participation under the
23 provisions of this Section. The guidelines shall be
24 developed within 6 months after the effective date of
25 this Code and made available on a nondiscriminatory basis
26 to all qualifying agencies.
27 (8) To review all bids submitted under the
28 provisions of this Section and reject any bid for any
29 purchase that is determined to be substantially more than
30 the purchase would have cost had it been competitively
31 bid.
32 (d) Former committee. The committee created under
33 subsection (c) shall replace the committee created under
34 Section 7-2 of the Illinois Purchasing Act, which shall
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1 continue to operate until the appointments under subsection
2 (c) are made.
3 Section 45-40. Gas mileage.
4 (a) Specification. Contracts for the purchase or lease
5 of new passenger automobiles, other than station wagons,
6 vans, four-wheel drive vehicles, emergency vehicles, and
7 police and fire vehicles, shall specify the procurement of a
8 model that, according to the most current mileage study
9 published by the U.S. Environmental Protection Agency, can
10 achieve at least the minimum average fuel economy in miles
11 per gallon imposed upon manufacturers of vehicles under Title
12 V of The Motor Vehicle Information and Cost Savings Act.
13 (b) Exemptions. The State purchasing officer may exempt
14 procurements from the requirement of subsection (a) when
15 there is a demonstrated need, submitted in writing, for an
16 automobile that does not meet the minimum average fuel
17 economy standards. The Board shall promulgate rules for
18 determining need consistent with the intent of this Section.
19 Section 45-45. Small businesses.
20 (a) Set-asides. The Board has authority to designate as
21 small business set-asides a fair proportion of construction,
22 supply, and service contracts for award to small businesses
23 in Illinois. Advertisements for bids or offers for those
24 contracts shall specify designation as small business
25 set-asides. In awarding the contracts, only bids or offers
26 from qualified small businesses shall be considered.
27 (b) Small business. "Small business" means a business
28 that is independently owned and operated and that is not
29 dominant in its field of operation. The Board shall
30 establish a detailed definition by rule, using in addition to
31 the foregoing criteria other criteria, including the number
32 of employees and the dollar volume of business. When
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1 computing the size status of a bidder, annual sales and
2 receipts of the bidder and all of its affiliates shall be
3 included. The maximum number of employees and the maximum
4 dollar volume that a small business may have under the rules
5 promulgated by the Board may vary from industry to industry
6 to the extent necessary to reflect differing characteristics
7 of those industries, subject to the following limitations:
8 (1) No wholesale business is a small business if
9 its annual sales for its most recently completed fiscal
10 year exceed $7,500,000.
11 (2) No retail business or business selling services
12 is a small business if its annual sales and receipts
13 exceed $1,500,000.
14 (3) No manufacturing business is a small business
15 if it employs more than 250 persons.
16 (4) No construction business is a small business if
17 its annual sales and receipts exceed $3,000,000.
18 (c) Fair proportion. For the purpose of subsection (a),
19 a fair proportion of construction contracts shall be no less
20 than 25% nor more than 40% of the annual total contracts for
21 construction.
22 (d) Withdrawal of designation. A small business
23 set-aside designation may be withdrawn by the purchasing
24 agency when deemed in the best interests of the State. Upon
25 withdrawal, all bids or offers shall be rejected, and the
26 bidders or offerors shall be notified of the reason for
27 rejection. The contract shall then be awarded in accordance
28 with this Code without the designation of small business
29 set-aside.
30 (e) Small business assistance. The purchasing officers
31 shall assist small businesses by:
32 (1) Compiling and maintaining a comprehensive
33 bidders list of small businesses. In this duty, he or
34 she shall cooperate with the Federal Small Business
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1 Administration in locating potential sources for various
2 products and services.
3 (2) Assisting small businesses in complying with
4 the procedures for bidding on State contracts.
5 (3) Examining requests from State agencies for the
6 purchase of property or services to help determine which
7 invitations to bid are to be designated small business
8 set-asides.
9 (4) Making recommendations to the Board for the
10 simplification of specifications and terms in order to
11 increase the opportunities for small business
12 participation.
13 (5) Assisting in investigations by purchasing
14 agencies to determine the responsibility of bidders on
15 small business set-asides.
16 (f) Small business annual report. The State purchasing
17 officer designated under subsection (e) shall annually before
18 December 1 report in writing to the General Assembly
19 concerning the awarding of contracts to small businesses.
20 The report shall include the total value of awards made in
21 the preceding fiscal year under the designation of small
22 business set-aside.
23 The requirement for reporting to the General Assembly
24 shall be satisfied by filing copies of the report as required
25 by Section 3.1 of the General Assembly Organization Act.
26 Section 45-50. Illinois agricultural products. In
27 awarding contracts requiring the procurement of agricultural
28 products, preference may be given to an otherwise qualified
29 bidder or offeror who will fulfill the contract through the
30 use of agricultural products grown in Illinois.
31 Section 45-55. Corn-based plastics. In awarding
32 contracts requiring the procurement of plastic products,
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1 preference may be given to an otherwise qualified bidder or
2 offeror who will fulfill the contract through the use of
3 plastic products made from Illinois corn by-products.
4 Section 45-60. Vehicles powered by agricultural
5 commodity-based fuel. In awarding contracts requiring the
6 procurement of vehicles, preference may be given to an
7 otherwise qualified bidder or offeror who will fulfill the
8 contract through the use of vehicles powered by ethanol
9 produced from Illinois corn or biodiesel fuels produced from
10 Illinois soybeans.
11 Section 45-65. Additional preferences. This Code is
12 subject to applicable provisions of:
13 (1) the Public Purchases in Other States Act;
14 (2) the Illinois Mined Coal Act;
15 (3) the Steel Products Procurement Act;
16 (4) the Veterans Preference Act; and
17 (5) the Business Enterprise for Minorities,
18 Females, and Disabled Persons Act.
19 ARTICLE 50
20 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
21 Section 50-1. Purpose. It is the express duty of all
22 chief procurement officers, State purchasing officers, and
23 their designees to maximize the value of the expenditure of
24 public moneys in procuring goods, services, and contracts for
25 the State of Illinois and to act in a manner that maintains
26 the integrity and public trust of State government. In
27 discharging this duty, they are charged to use all available
28 information, reasonable efforts, and reasonable actions to
29 protect, safeguard, and maintain the procurement process of
30 the State of Illinois.
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1 Section 50-5. Bribery.
2 (a) Prohibition. No person or business shall be awarded
3 a contract or subcontract under this Code who:
4 (1) has been convicted under the laws of Illinois
5 or any other state of bribery or attempting to bribe an
6 officer or employee of the State of Illinois or any other
7 state in that officer's or employee's official capacity;
8 or
9 (2) has made an admission of guilt of that conduct
10 that is a matter of record but has not been prosecuted
11 for that conduct.
12 (b) Businesses. No business shall be barred from
13 contracting with any unit of State or local government as a
14 result of a conviction under this Section of any employee or
15 agent of the business if the employee or agent is no longer
16 employed by the business and:
17 (1) the business has been finally adjudicated not
18 guilty; or
19 (2) the business demonstrates to the governmental
20 entity with which it seeks to contract, and that entity
21 finds that the commission of the offense was not
22 authorized, requested, commanded, or performed by a
23 director, officer, or high managerial agent on behalf of
24 the business as provided in paragraph (2) of subsection
25 (a) of Section 5-4 of the Criminal Code of 1961.
26 (c) Conduct on behalf of business. For purposes of this
27 Section, when an official, agent, or employee of a business
28 committed the bribery or attempted bribery on behalf of the
29 business and in accordance with the direction or
30 authorization of a responsible official of the business, the
31 business shall be chargeable with the conduct.
32 (d) Certification. Every bid submitted to and contract
33 executed by the State shall contain a certification by the
34 contractor that the contractor is not barred from being
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1 awarded a contract or subcontract under this Section. A
2 contractor who makes a false statement, material to the
3 certification, commits a Class 3 felony.
4 Section 50-10. Felons. Unless otherwise provided, no
5 person or business convicted of a felony shall do business
6 with the State of Illinois or any State agency from the date
7 of conviction until 5 years after the date of completion of
8 the sentence for that felony, unless no person held
9 responsible by a prosecutorial office for the facts upon
10 which the conviction was based continues to have any
11 involvement with the business.
12 Section 50-15. Conflicts of interest.
13 (a) Prohibition. It is unlawful for any person holding
14 an elective office in this State, holding a seat in the
15 General Assembly, or appointed to or employed in any of the
16 offices or agencies of State government, irrespective of the
17 rate of compensation for that employment, or who is an
18 officer or employee of the Capital Development Board or the
19 Illinois Toll Highway Authority, or who is the spouse or
20 minor child of any such person to have or acquire any
21 contract, or any direct pecuniary interest in any contract
22 therein, whether for stationery, printing, paper, or any
23 services, materials, or supplies, that will be wholly or
24 partially satisfied by the payment of funds appropriated by
25 the General Assembly of the State of Illinois or in any
26 contract of the Capital Development Board or the Illinois
27 Toll Highway Authority.
28 (b) Interests. It is unlawful for any firm,
29 partnership, association, or corporation in which any person
30 listed in subsection (a) is entitled to receive (i) more than
31 7 1/2% of the total distributable income, or (ii) an amount
32 in excess of the salary of the Governor, whichever is lower,
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1 to have or acquire any such contract or direct pecuniary
2 interest therein.
3 (c) Combined interests. It is unlawful for any firm,
4 partnership, association, or corporation in which any person
5 listed in subsection (a) together with his or her spouse or
6 minor children is entitled to receive (i) more than 15%, in
7 the aggregate, of the total distributable income, or (ii) an
8 amount in excess of 2 times the Governor's salary, whichever
9 is lower, to have or acquire any such contract or direct
10 pecuniary interest therein.
11 (d) Securities. Nothing in this Section invalidates the
12 provisions of any bond or other security previously offered
13 or to be offered for sale or sold by or for the State of
14 Illinois.
15 (e) Prior interests. This Section does not affect the
16 validity of any contract made between the State and an
17 officer or employee of the State or member of the General
18 Assembly, his or her spouse, minor child or any combination
19 of those persons if that contract was in existence before his
20 or her election or employment as an officer, member, or
21 employee. The contract is void, however, if it cannot be
22 completed within 6 months after the officer, member, or
23 employee takes office or is employed.
24 (f) Exceptions.
25 (1) Public aid payments. This Section does not
26 apply to payments made for a public aid recipient.
27 (2) Teaching. This Section does not apply to a
28 contract for personal services as a teacher or school
29 administrator between a member of the General Assembly or
30 his or her spouse, or a State officer or employee or his
31 or her spouse, and any school district, public community
32 college district, or the State colleges and universities
33 and their governing boards.
34 (3) Ministerial duties. This Section does not
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1 apply to a contract for personal services of a wholly
2 ministerial character, including but not limited to
3 services as a laborer, clerk, typist, stenographer, page,
4 bookkeeper, receptionist, or telephone switchboard
5 operator, made by a spouse or minor child of an elective
6 or appointive State officer or employee or of a member of
7 the General Assembly.
8 (4) Child and family services. This Section does
9 not apply to payments made to a member of the General
10 Assembly, a State officer or employee, his or her spouse
11 or minor child acting as a foster parent, homemaker,
12 advocate, or volunteer for or in behalf of a child or
13 family served by the Department of Children and Family
14 Services.
15 (g) Penalty. Any person convicted of a violation of
16 this Section is guilty of a business offense and shall be
17 fined not less than $1,000 nor more than $5,000.
18 Section 50-20. Negotiations.
19 (a) Prohibition. Except as provided in Section 50-25,
20 it is unlawful for any person employed in or on a continual
21 contractual relationship with any of the offices or agencies
22 of State government to participate in contract negotiations
23 on behalf of that office or agency with any firm,
24 partnership, association, or corporation with whom that
25 person has a contract for future employment or is negotiating
26 concerning possible future employment.
27 (b) Penalty. Any person violating this Section is
28 guilty of a business offense and shall be fined not less than
29 $1,000 and not more than $5,000.
30 Section 50-25. Exemptions. The Board may exempt named
31 individuals or business from the prohibitions of Section
32 50-5, 50-10, or 50-15 when, in the discretion of the Board,
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1 it is determined that the public interest in having the
2 individual in the service of the State outweighs the public
3 policy evidenced in those Sections. An exemption is
4 effective only when it is filed with the Secretary of State
5 and the Comptroller and includes a statement setting forth
6 the name of the individual and all the pertinent facts that
7 would make that Section applicable, setting forth the reason
8 for the exemption, and declaring the individual exempted from
9 that Section. Notice of each exemption shall be published in
10 the Illinois Procurement Bulletin.
11 Section 50-30. Inducement. Any person who offers or
12 pays any money or other valuable thing to any person to
13 induce him or her not to bid for a State contract or as
14 recompense for not having bid on a State contract is guilty
15 of a Class 4 felony. Any person who accepts any money or
16 other valuable thing for not bidding for a State contract or
17 who withholds a bid in consideration of the promise for the
18 payment of money or other valuable thing is guilty of a Class
19 4 felony.
20 Section 50-35. Revolving door prohibition. State
21 employees whose duties with the State were directly related
22 to procurement may not, for a period of 2 years following
23 separation of service with the employing agency, have a
24 contract with that agency, or engage in lobbying that agency
25 whether directly or as an employee or agent of another.
26 Section 50-37. Disclosure and potential conflicts of
27 interest.
28 (a) All offers from responsive bidders or offerors with
29 an annual value of more than $10,000 shall be accompanied by
30 disclosure of the financial interests of the contractor,
31 bidder, or proposer. The financial disclosure of each
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1 successful bidder or offeror shall become part of the
2 publicly available contract or procurement file maintained by
3 the appropriate chief procurement officer.
4 (b) Disclosure by the responsive bidders or offerors
5 shall include any ownership or distributive income share that
6 is in excess of 5%, or an amount greater than 60% of the
7 annual salary of the Governor, of the bidding entity or its
8 parent entity, whichever is less, unless the contractor or
9 bidder is a publicly traded entity subject to Federal 10K
10 reporting, in which case it may submit its 10K disclosure in
11 place of the prescribed disclosure. The form of disclosure
12 shall be prescribed by the applicable chief procurement
13 officer and must include at least the names, addresses, and
14 dollar or proportionate share of ownership of each person
15 identified in this Section, their instrument of ownership or
16 beneficial relationship, and notice of any potential conflict
17 of interest resulting from the current ownership or
18 beneficial relationship of each person identified in this
19 Section having in addition any of the following
20 relationships:
21 (1) State employment, currently or in the previous
22 3 years, including contractual employment of services.
23 (2) State employment of spouse, father, mother,
24 son, or daughter, including contractual employment for
25 services in the previous 2 years.
26 (3) Elective status; the holding of elective office
27 of the State of Illinois, the government of the United
28 States, any unit of local government authorized by the
29 Constitution of the State of Illinois or the statutes of
30 the State of Illinois currently or in the previous 3
31 years.
32 (4) Relationship to anyone holding elective office
33 currently or in the previous 2 years; spouse, father,
34 mother, son, or daughter.
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1 (5) Appointive office; the holding of any
2 appointive government office of the State of Illinois,
3 the United States of America, or any unit of local
4 government authorized by the Constitution of the State of
5 Illinois or the statutes of the State of Illinois, which
6 office entitles the holder to compensation in excess of
7 expenses incurred in the discharge of that office
8 currently or in the previous 3 years.
9 (6) Relationship to anyone holding appointive
10 office currently or in the previous 2 years; spouse,
11 father, mother, son, or daughter.
12 (7) Employment, currently or in the previous 3
13 years, as or by any registered lobbyist of the State
14 government.
15 (8) Relationship to anyone who is or was a
16 registered lobbyist in the previous 2 years; spouse,
17 father, mother, son, or daughter.
18 (9) Compensated employment, currently or in the
19 previous 3 years, by any registered election or
20 re-election committee registered with the Secretary of
21 State or any county clerk in the State of Illinois, or
22 any political action committee registered with either the
23 Secretary of State or the Federal Board of Elections.
24 (10) Relationship to anyone; spouse, father,
25 mother, son, or daughter; who is or was a compensated
26 employee in the last 2 years of any registered election
27 or re-election committee registered with the Secretary of
28 State or any county clerk in the State of Illinois, or
29 any political action committee registered with either the
30 Secretary of State or the Federal Board of Elections.
31 (c) The disclosure in subsection (b) is not intended to
32 prohibit or prevent any contract. The disclosure is meant to
33 fully and publicly disclose any potential conflict to the
34 chief procurement officers, State purchasing officers, their
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1 designees, and executive officers so they may adequately
2 discharge their duty to protect the State.
3 (d) In the case of any contract for personal services in
4 excess of $50,000; any contract competitively bid in excess
5 of $250,000; any other contract in excess of $50,000; when a
6 potential for a conflict of interest is identified,
7 discovered, or reasonably suspected it shall be reviewed and
8 commented on in writing by the Governor of the State of
9 Illinois, or by an executive ethics board or commission he or
10 she might designate. The comment shall be returned to the
11 responsible chief procurement officer who must rule in
12 writing whether to void or allow the contract, bid, offer, or
13 proposal weighing the best interest of the State of Illinois.
14 The comment and determination shall become a publicly
15 available part of the contract, bid, or proposal file.
16 (e) These threshholds and disclosure do not relieve the
17 chief procurement officers, the State purchasing officers, or
18 their designees from reasonable care and diligence for any
19 contract, bid, offer, or proposal. The chief procurement
20 officers, the State purchasing officers, or their designees
21 shall be responsible for using any reasonably known and
22 publicly available information to discover any undisclosed
23 potential conflict of interest and act to protect the best
24 interest of the State of Illinois.
25 (f) Inadvertent or accidental failure to fully disclose
26 shall render the contract, bid, proposal, or relationship
27 voidable by the chief procurement officer if he or she deems
28 it in the best interest of the State of Illinois and, at his
29 or her discretion, may be cause for barring from future
30 contracts, bids, proposals, or relationships with the State
31 for a period of up to 2 years.
32 (g) Intentional, willful, or material failure to
33 disclose shall render the contract, bid, proposal, or
34 relationship voidable by the chief procurement officer if he
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1 or she deems it in the best interest of the State of Illinois
2 and shall result in debarment from future contracts, bids,
3 proposals, or relationships for a period of not less than 2
4 years and not more than 10 years. Reinstatement after 2
5 years and before 10 years must be reviewed and commented on
6 in writing by the Governor of the State of Illinois, or by an
7 executive ethics board or commission he or she might
8 designate. The comment shall be returned to the responsible
9 chief procurement officer who must rule in writing whether
10 and when to reinstate.
11 (h) In addition, all disclosures shall note any other
12 current or pending contracts, proposals, leases, or other
13 ongoing procurement relationships the bidding, proposing, or
14 offering entity has with any other unit of State government
15 and shall clearly identify the unit and the contract,
16 proposal, lease, or other relationship.
17 Section 50-45. Disclosures by State employees and
18 officers.
19 (a) Contract negotiations. Any person participating in
20 the making of a contract, or who enters into a contract, on
21 behalf of an office or agency of State government with the
22 knowledge that his or her spouse, child, parent, or sibling
23 is entitled to receive (i) more than 7.5% of the total
24 distributable income of the other contracting party or (ii)
25 an amount in excess of the salary of the Governor, whichever
26 is lower, or in which that child, parent, or sibling,
27 together with his or her spouse or minor children, is
28 entitled to receive (i) more than 15%, in the aggregate, of
29 the total distributable income of the other contracting party
30 or (ii) an amount in excess of 2 times the salary of the
31 Governor, whichever is lower, shall immediately file a
32 written statement setting out the facts of the transaction.
33 The statement shall be filed with the administrative head of
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1 the office or agency and be kept available for public
2 inspection. A copy of the statement shall be forwarded by
3 the administrative head to the Inspector General. A person
4 failing to file a statement or filing a false statement is
5 guilty of a business offense and shall be fined not less than
6 $1,000 and not more than $5,000. Any such contract is
7 contrary to public policy and may be voided at the option of
8 the State unless it is shown to be in the best interests of
9 the State. Moreover, if fraud or substantial monetary harm
10 to the State results from the nepotic element of the
11 transaction, the government officer or employee involved in
12 the element is guilty of a Class A misdemeanor.
13 (b) Other positions and contracts. Each State employee
14 is responsible for annually notifying his or her State
15 employer of contracts held by the employee or by the
16 employee's spouse and minor children and of other payroll
17 positions held by the employee. The State employee shall
18 notify his or her employer of any changes in this
19 notification at the time the changes occur.
20 Section 50-50. Identical bids. Every State agency that
21 obtains 2 or more identical bids under this Code shall inform
22 the Inspector General and the Attorney General in writing of
23 those facts within 30 days after the disposition of all bids
24 received in response for bids, whether by the awarding of the
25 contract or other action. The Attorney General shall
26 prescribe the form and manner of notification.
27 Section 50-55. Reporting of anticompetitive practices.
28 When for any reason collusion or other anticompetitive
29 practices are suspected among any bidders or offerors, a
30 notice of the relevant facts shall be transmitted to the
31 Inspector General and the Attorney General.
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1 Section 50-58. Confidentiality. The Inspector General
2 or any State purchasing officer, designee, or executive
3 officer who willfully uses or allows the use of
4 specifications, competitive bid documents, proprietary
5 competitive information, proposals, contracts, or selection
6 information to compromise the fairness or integrity of the
7 procurement, bidding, or contract process shall be subject to
8 discipline up to and including immediate dismissal,
9 regardless of the Personnel Code, and may in addition be
10 subject to criminal prosecution.
11 Section 50-60. Insider information. It is unlawful for
12 any current or former elected or appointed State official or
13 State employee to knowingly use confidential information
14 available only by virtue of that office or employment for
15 actual or anticipated personal gain or for the actual or
16 anticipated personal gain of another person.
17 Section 50-65. Supply inventory. Every State agency
18 shall inventory or stock no more than a 12-month need of
19 equipment, supplies, commodities, articles, and other items,
20 except as otherwise authorized by the State agency's
21 regulations. Every State agency shall periodically review
22 its inventory to ensure compliance with this Section. If,
23 upon review, an agency determines it has more than a 12-month
24 supply of any equipment, supplies, commodities, or other
25 items, the agency shall undertake transfers of the
26 oversupplied items or other action necessary to maintain
27 compliance with this Section. This Section shall not apply
28 to lifesaving medications, mechanical spare parts, and items
29 for which the supplier requires a minimum order stipulation.
30 Section 50-75. Suspension and debarment. Any contractor
31 may be suspended for violation of this Code or for failure to
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1 conform to specifications or terms of delivery. Suspension
2 shall be for cause and may be for a period of up to 5 years
3 at the discretion of the applicable chief procurement
4 officer. Contractors may be debarred in accordance with
5 rules promulgated by the Board or as otherwise provided by
6 law.
7 Section 50-80. Additional provisions. This Code is
8 subject to applicable provisions of the following Acts:
9 (1) Article 33E of the Criminal Code of 1961;
10 (2) the Illinois Human Rights Act;
11 (3) the Discriminatory Club Act;
12 (4) the Illinois Governmental Ethics Act;
13 (5) the State Prompt Payment Act;
14 (6) the Public Officer Prohibited Activities Act;
15 and
16 (7) the Drug Free Workplace Act.
17 Section 50-85. Other violations.
18 (a) The Inspector General or any State purchasing
19 officer or designee who willfully violates or allows the
20 violation of this Code shall be subject to discipline up to
21 and including immediate dismissal, regardless of the
22 Personnel Code.
23 (b) Except as otherwise provided in this Code, whoever
24 violates this Code or the rules promulgated under it is
25 guilty of a Class A misdemeanor.
26 ARTICLE 90
27 MISCELLANEOUS PROVISIONS
28 Section 90-5. References to repealed provisions. After
29 the effective date of this Act, all references to the
30 provisions of law repealed by this Act or by Public Act
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1 90-572 (the Illinois Procurement Code) shall be construed,
2 where necessary and appropriate, as references to the
3 Illinois Procurement Code of 1999.
4 Section 90-10. Severability. If any provision of this
5 Code or any application of it to any person or circumstance
6 is held invalid, that invalidity shall not affect other
7 provisions or applications of this Code that can be given
8 effect without the invalid provision or application, and to
9 this end the provisions of this Code are declared to be
10 severable.
11 Section 90-15. Voidable contracts. If any contract is
12 entered into or purchase or expenditure of funds is made in
13 violation of this Code or any other law, the contract may be
14 declared void by the purchasing officer, or may be
15 terminated, ratified and affirmed, provided it is determined
16 that ratification is in the best interests of the State. If
17 the contract is ratified and affirmed, it shall be without
18 prejudice to the State's rights to any appropriate damages.
19 ARTICLE 95
20 AMENDATORY AND REPEALING PROVISIONS
21 Section 95-5. The Governmental Joint Purchasing Act is
22 amended by changing Section 3 as follows:
23 (30 ILCS 525/3) (from Ch. 85, par. 1603)
24 Sec. 3. Any agreement of the governmental units which
25 desire to make joint purchases, one of the governmental units
26 shall conduct the letting of bids. Where the State of
27 Illinois is a party to the joint purchase agreement, the
28 Department of Central Management Services shall conduct the
29 letting of bids. Expenses of such bid-letting may be shared
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1 by the participating governmental units in proportion to the
2 amount of personal property, supplies or services each unit
3 purchases.
4 When the State of Illinois is a party to the joint
5 purchase agreement, the acceptance of bids shall be in
6 accordance with the Illinois Procurement Code of 1999 and
7 rules promulgated under that Code. When the State of
8 Illinois is not a party to the joint purchase agreement, the
9 acceptance of bids shall be governed by the agreement.
10 The personal property, supplies or services involved
11 shall be distributed or rendered directly to each
12 governmental unit taking part in the purchase. The person
13 selling the personal property, supplies or services may bill
14 each governmental unit separately for its proportionate share
15 of the cost of the personal property, supplies or services
16 purchased.
17 The credit or liability of each governmental unit shall
18 remain separate and distinct. Disputes between bidders and
19 governmental units shall be resolved between the immediate
20 parties.
21 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
22 Section 95-16. The Civil Administrative Code of Illinois
23 is amended by changing Section 67.02 as follows:
24 (20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
25 Sec. 67.02. (a) To lease or purchase office and storage
26 space, buildings, land and other facilities for all State
27 agencies, authorities, boards, commissions, departments,
28 institutions, bodies politic and all other administrative
29 units or outgrowths of the executive branch of State
30 government except the Constitutional officers, the State
31 Board of Education and the State colleges and universities
32 and their governing bodies. However, before leasing or
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1 purchasing any office or storage space, buildings, land or
2 other facilities in any municipality the Department shall
3 survey the existing State-owned and State-leased property to
4 make a determination of need. Such leases shall be for a
5 term not to exceed 5 years, except that such leases may
6 contain a renewal clause subject to acceptance by the State
7 after that date or an option to purchase. Such purchases
8 shall be made through contracts which may provide for the
9 title to the property to transfer immediately to the State or
10 a trustee or nominee for the benefit of the State and which
11 shall: provide for the consideration to be paid in
12 installments to be made at stated intervals during a certain
13 term not to exceed 30 years from the date of the contract and
14 may provide for the payment of interest on the unpaid balance
15 at a rate that does not exceed a rate determined by adding 3
16 percentage points to the annual yield on United States
17 Treasury obligations of comparable maturity as most recently
18 published in the Wall Street Journal at the time such
19 contract is signed. Such leases and purchase contracts shall
20 be and shall recite that they are subject to termination and
21 cancellation in any year for which the General Assembly fails
22 to make an appropriation to pay the rent or purchase
23 installments payable under the terms of the lease or purchase
24 contract. Additionally such purchase contract shall specify
25 that title to the office and storage space, buildings, land
26 and other facilities being acquired under such a contract
27 shall revert to the Seller in the event of the failure of
28 the General Assembly to appropriate suitable funds.
29 However, this limitation on the term of such leases does not
30 apply to leases to and with the Illinois Building Authority,
31 as provided for in the Act enacted by the Seventy-second
32 General Assembly entitled the Building Authority Act, which
33 leases to and with said Authority may be entered into for a
34 term not to exceed 30 years and shall be and shall recite
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1 that they are subject to termination and cancellation in any
2 year for which the General Assembly fails to make an
3 appropriation to pay the rent payable under the terms of such
4 lease. These limitations do not apply where the lease or
5 purchase contract contains a provision limiting the liability
6 for the payment of the rentals or installments thereof solely
7 to funds received from the Federal government.
8 (b) To lease from an airport authority office, aircraft
9 hangar and service buildings constructed upon a public
10 airport under the Airport Authorities Act for the use and
11 occupancy of the State Department of Transportation, which
12 lease may be entered into for a term not to exceed 30 years.
13 (c) To establish training programs for teaching State
14 leasing procedures and practices to new employees of the
15 Department and to keep all employees of the Department
16 informed about current leasing practices and developments in
17 the real estate industry.
18 (d) To enter into an agreement with a municipality or
19 county to construct, remodel or convert a structure for the
20 purposes of its serving as a correctional institution or
21 facility pursuant to paragraph (c) of Section 3-2-2 of the
22 Unified Code of Corrections.
23 (e) To enter into an agreement with a private
24 individual, trust, partnership or corporation or a
25 municipality or other unit of local government, when
26 authorized to do so by the Department of Corrections, whereby
27 such individual, trust, partnership or corporation or
28 municipality or other unit of local government will
29 construct, remodel or convert a structure for the purposes of
30 its serving as a correctional institution or facility and
31 then lease such structure to the Department for the use of
32 the Department of Corrections. A lease entered into pursuant
33 to the authority granted in this subsection shall be for a
34 term not to exceed 30 years, but may grant to the State the
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1 option to purchase the structure outright.
2 Such leases shall be and shall recite that they are
3 subject to termination and cancellation in any year for which
4 the General Assembly fails to make an appropriation to pay
5 the rent payable under the terms of the lease.
6 (f) On and after September 17, 1983, the powers granted
7 to the Department under this Section shall be exercised
8 exclusively by the Department and no other State agency may
9 concurrently exercise any such power, unless specifically
10 authorized otherwise by a later enacted law. This subsection
11 is not intended to impair any contract existing as of
12 September 17, 1983.
13 However, no lease for more than 10,000 square feet of
14 space shall be executed unless the Director in consultation
15 with the Executive Director of the Capital Development Board
16 has certified that leasing is in the best interest of the
17 State, considering programmatic requirements, availability of
18 vacant State-owned space, the cost-benefits of purchasing or
19 constructing new space and other criteria as he shall
20 determine. The Director shall not permit multiple leases for
21 less than 10,000 square feet to be executed in order to evade
22 this provision.
23 (g) To develop and implement, in cooperation with the
24 Interagency Energy Conservation Committee, a system for
25 evaluating energy consumption in facilities leased by the
26 Department, and to develop energy consumption standards for
27 use in evaluating prospective lease sites.
28 (h) (1) After the effective date of this amendatory Act
29 of 1997, the Department shall not enter into an agreement
30 for the installment purchase or lease purchase of
31 buildings, land, or facilities unless:
32 (A) the using agency certifies to the
33 Department that the agency reasonably expects the
34 building, land, or facilities being considered for
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1 purchase will meet a permanent space need;
2 (B) the building or facilities will be
3 substantially occupied by State agencies after
4 purchase (or after acceptance in the case of a build
5 to suit);
6 (C) the building or facilities shall be in new
7 or like new condition and have a remaining economic
8 life exceeding the term of the contract;
9 (D) no structural or other major building
10 component or system shall have a remaining economic
11 life of less than 10 years;
12 (E) the building, land or facilities:
13 (i) is free of any identifiable
14 environmental hazard, or
15 (ii) is subject to a management plan,
16 provided by the seller and acceptable to the
17 State, to address the known environmental
18 hazard;
19 (F) the building, land, or facilities satisfy
20 applicable handicap accessibility and applicable
21 building codes; and
22 (G) the State's cost to lease purchase or
23 installment purchase the building, land, or
24 facilities is less than the cost to lease space of
25 comparable quality, size, and location over the
26 lease purchase or installment purchase term.
27 (2) The Department shall establish the methodology
28 for comparing lease costs to the costs of installment or
29 lease purchases. The cost comparison shall take into
30 account all relevant cost factors including, but not
31 limited to, debt service, operating and maintenance
32 costs, insurance and risk costs, real estate taxes,
33 reserves for replacement and repairs, security costs, and
34 utilities. Such methodology shall also provide:
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1 (A) that the comparison will be made using
2 level payment plans; and
3 (B) that a purchase price must not exceed the
4 fair market value of the buildings, land, or
5 facilities, and that such price must be
6 substantiated by an appraisal or by a competitive
7 selection process in accordance with the Illinois
8 Procurement Code of 1999.
9 (3) If the Department intends to enter into an
10 installment purchase or lease purchase agreement for
11 buildings, land, or facilities under circumstances that
12 do not satisfy the conditions specified by this Section,
13 it must issue a notice to the Secretary of the Senate and
14 the Clerk of the House. Such notice shall contain (i)
15 specific details of the State's proposed purchase,
16 including the amounts, purposes, and financing terms;
17 (ii) a specific description of how the proposed purchase
18 varies from the procedures set forth in this Section; and
19 (iii) a specific justification, signed by the Director,
20 of why it is in the State's best interests to proceed
21 with the purchase. The Department may not proceed with
22 such an installment purchase or lease purchase agreement
23 if, within 60 calendar days after delivery of the notice,
24 the General Assembly, by joint resolution, disapproves
25 the transaction. Delivery may take place on a day and at
26 an hour when the Senate and House are not in session so
27 long as the offices of Secretary and Clerk are open to
28 receive the notice. In determining the 60 day period
29 within which the General Assembly must act, the day on
30 which delivery is made to the Senate and House shall not
31 be counted. If delivery of the notice to the 2 houses
32 occurs on different days, the 60 day period shall begin
33 on the day following the later delivery.
34 (4) On or before February 15 of each year, the
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1 Department shall submit an annual report to the Director
2 of the Bureau of the Budget and the General Assembly
3 regarding installment purchases or lease purchases of
4 buildings, land, or facilities that were entered into
5 during the preceding calendar year. The report shall
6 include a summary statement of the aggregate amount of
7 the State's obligations under such purchases; specific
8 details pertaining to each purchase, the amounts,
9 purposes, and financing terms and payment schedule for
10 each purchase; and any other matter that the Department
11 deems advisable.
12 The requirement for reporting to the General
13 Assembly shall be satisfied by filing copies of the
14 report with the Auditor General, the Speaker, the
15 Minority Leader, and the Clerk of the House of
16 Representatives and the President, the Minority Leader,
17 and the Secretary of the Senate, the Chairs of the
18 Appropriations Committees, and the Legislative Research
19 Unit, as required by Section 3.1 of the General Assembly
20 Organization Act, and filing such additional copies with
21 the State Government Report Distribution Center for the
22 General Assembly as is required under paragraph (t) of
23 Section 7 of the State Library Act.
24 (5) Installment purchase and lease purchase
25 agreements for buildings, land, and facilities, whether
26 entered into under this Section or as specified in
27 paragraph (3) of this subsection, are subject to the
28 Illinois Procurement Code of 1999.
29 (Source: P.A. 90-520, eff. 6-1-98.)
30 Section 95-17. The Personnel Code is amended by changing
31 Section 25 as follows:
32 (20 ILCS 415/25)
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1 Sec. 25. Illinois Procurement Code of 1999. This Code
2 is subject to the disciplinary and penalty provisions of the
3 Illinois Procurement Code of 1999.
4 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
5 (25 ILCS 10/10 rep.)
6 Section 95-20. The General Assembly Operations Act is
7 amended by repealing Section 10.
8 (30 ILCS 500/Act rep.)
9 Section 95-25. The Illinois Procurement Code is
10 repealed.
11 Section 95-45. The Toll Highway Act is amended by
12 changing Sections 3, 8, 16, and 16.1 as follows:
13 (605 ILCS 10/3) (from Ch. 121, par. 100-3)
14 Sec. 3. There is hereby created an Authority to be known
15 as The Illinois State Toll Highway Authority, which is hereby
16 constituted an instrumentality and an administrative agency
17 of the State of Illinois. The said Authority shall consist of
18 11 directors; the Governor and the Secretary of the
19 Department of Transportation, ex officio, and 9 directors
20 appointed by the Governor with the advice and consent of the
21 Senate, from the State at large, which said directors and
22 their successors are hereby authorized to carry out the
23 provisions of this Act, and to exercise the powers herein
24 conferred. Of the 9 directors appointed by the Governor, no
25 more than 5 shall be members of the same political party.
26 Vacancies shall be filled for the unexpired term in the same
27 manner as original appointments. All appointments shall be in
28 writing and filed with the Secretary of State as a public
29 record. It is the intention of this section that the
30 Governor's appointments shall be made with due consideration
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1 to the location of proposed toll highway routes so that
2 maximum geographic representation from the areas served by
3 said toll highway routes may be accomplished insofar as
4 practicable. The said Authority shall have the power to
5 contract and be contracted with, in accordance with the
6 Illinois Procurement Code of 1999 in the case of procurement
7 contracts, to acquire, hold and convey personal and real
8 property or any interest therein including rights of way,
9 franchises and easements; to have and use a common seal, and
10 to alter the same at will; to make and establish resolutions,
11 by-laws, rules, rates and regulations, and to alter or repeal
12 the same as the Authority shall deem necessary and expedient
13 for the construction, operation, relocation, regulation and
14 maintenance of a system of toll highways within and through
15 the State of Illinois.
16 Appointment of the additional directors provided for by
17 this amendatory Act of 1980 shall be made within 30 days
18 after the effective date of this amendatory Act of 1980.
19 (Source: P.A. 86-1164.)
20 (605 ILCS 10/8) (from Ch. 121, par. 100-8)
21 Sec. 8. The Authority shall have the power:
22 (a) To acquire, own, use, hire, lease, operate and
23 dispose of personal property, real property, any interest
24 therein, including rights-of-way, franchises and easements.
25 (b) To enter into all contracts and agreements necessary
26 or incidental to the performance of its powers under this
27 Act. All employment contracts let under this Act shall be in
28 conformity with the applicable provisions of the Prevailing
29 Wage Act "An Act regulating wages of laborers, mechanics and
30 other workers employed under contracts for public works,"
31 approved June 26, 1941, as amended.
32 (c) To employ and discharge, without regard to the
33 requirements of any civil service or personnel act, such
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1 administrative, engineering, traffic, architectural,
2 construction, and financial experts, and inspectors, and such
3 other employees, as are necessary in the Authority's judgment
4 to carry out the purposes of this Act; and to establish and
5 administer standards of classification of all of such persons
6 with respect to their compensation, duties, performance, and
7 tenure; and to enter into contracts of employment with such
8 persons for such periods and on such terms as the Authority
9 deems desirable.
10 (d) To appoint by and with the consent of the Attorney
11 General, assistant attorneys for such Authority, which said
12 assistant attorneys shall be under the control, direction and
13 supervision of the Attorney General and shall serve at his
14 pleasure.
15 (e) To retain special counsel, subject to the approval
16 of the Attorney General, as needed from time to time, and fix
17 their compensation, provided however, such special counsel
18 shall be subject to the control, direction and supervision of
19 the Attorney General and shall serve at his pleasure.
20 (f) To acquire, construct, relocate, operate, regulate
21 and maintain a system of toll highways through and within the
22 State of Illinois. However, the Authority does not have the
23 power to acquire, operate, regulate or maintain any system of
24 toll highways or toll bridges or portions of them (including
25 but not limited to any system organized pursuant to Division
26 108 of Article 11 of the Illinois Municipal Code) in the
27 event either of the following conditions exists at the time
28 the proposed acquisition, operation, regulation or
29 maintenance of such system is to become effective:
30 (1) the principal or interest on bonds or other
31 instruments evidencing indebtedness of the system are in
32 default; or
33 (2) the principal or interest on bonds or other
34 instruments evidencing indebtedness of the system have been
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1 in default at any time during the 5 year period prior to the
2 proposed acquisition.
3 To facilitate such construction, operation and
4 maintenance and subject to the approval of the Division of
5 Highways of the Department of Transportation, the Authority
6 shall have the full use and advantage of the engineering
7 staff and facilities of the Department.
8 The powers of the Authority are subject to the Illinois
9 Procurement Code of 1999.
10 (Source: P.A. 83-1258.)
11 (605 ILCS 10/16) (from Ch. 121, par. 100-16)
12 Sec. 16. All contracts let for the construction of any
13 work authorized to be done under the provisions of the Act
14 shall be procured in accordance with the Illinois Procurement
15 Code of 1999., where the amount thereof is in excess of the
16 sum of $10,000, shall be let to the lowest responsible
17 bidder, or bidders, on open, competitive bidding after public
18 advertisement made at least 15 days prior to the opening of
19 bids, in a newspaper of general circulation published in each
20 of the seven largest cities of the State, as determined by
21 the last preceding Federal census, in such manner and at such
22 intervals, as may be prescribed by the Authority except for
23 contracts for the completion of a terminated or defaulted
24 contract. The successful bidders for such work shall enter
25 into contracts furnished and prescribed by the Authority.
26 Such Contracts shall contain a provision that a such
27 successful bidder shall indemnify and save harmless the State
28 of Illinois for any accidental injuries or damages arising
29 out of his or her negligence in the performance of such
30 contract, and shall, and in addition, execute and give bonds,
31 payable to the Authority, with a corporate surety authorized
32 to do business under the laws of the State of Illinois, equal
33 to at least 50% of the contract price, one conditioned upon
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1 faithful performance of the contract and the other for the
2 payment of all labor furnished and materials supplied in the
3 prosecution of the contracted work.
4 (Source: P.A. 86-1164.)
5 (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
6 Sec. 16.1. (A) All contracts for services or supplies
7 required from time to time by the Authority in the
8 maintenance and operation of any toll highway or part thereof
9 under the provisions of this Act or all direct contracts for
10 supplies to be used in the construction of any toll highway
11 or part thereof to be awarded under this Section, rather than
12 as a part of a contract pursuant to Section 16 of this Act,
13 shall be procured in accordance with the Illinois Procurement
14 Code of 1999., when the amount of any such supplies or
15 services is in excess of the sum of $7,500 shall be let to
16 the lowest responsible bidder or bidders, on open,
17 competitive bidding after public advertisement made at least
18 5 days prior to the opening of bids, in a newspaper of
19 general circulation in any city of over 500,000 population,
20 or in any county through which the tollway passes, in such
21 manner and on one or more occasions as may be prescribed by
22 the Authority, except that bidding shall not be required in
23 the following cases:
24 1. Where the goods or services to be procured are
25 economically procurable from only one source, such as
26 contracts for telephone service, electric energy and
27 other public utility services, housekeeping services,
28 books, pamphlets and periodicals and specially designed
29 business equipment and software.
30 2. Where the services required are for
31 professional, technical or artistic skills.
32 3. Where the services required are for advertising,
33 promotional and public relations services.
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1 4. In emergencies, provided that an affidavit of
2 the person or persons authorizing the expenditure shall
3 be filed with the Authority and the Auditor General
4 within 10 days after such authorization setting forth the
5 conditions and circumstances requiring the emergency
6 purchase, the amount expended and the name of the vendor
7 or contractor involved; if only an estimate is available,
8 however, within the 10 days allowed for filing the
9 affidavit, the actual cost shall be reported immediately
10 after it is determined.
11 5. In case of expenditures for personal services.
12 6. Contracts for equipment and spare parts in
13 support thereof for the maintenance and operation of any
14 toll highway, or any part thereof, whenever, the
15 Authority shall, by resolution, declare and find that a
16 particular make and type of equipment is required for
17 efficient maintenance and operation and proper servicing,
18 for uniformity in and integration with the spare parts
19 program and inventory control, or for other reasons
20 peculiar to the problems of the toll highway or its
21 previously acquired equipment; however, competition and
22 competitive bids shall be obtained by the Authority with
23 respect to such specified equipment or spare parts,
24 insofar as possible, and when effective, pursuant to
25 public advertisement as hereinbefore provided.
26 7. Contracts for insurance, fidelity and surety
27 bonds.
28 8. Contracts or agreements for the completion of a
29 terminated or defaulted contract or agreement.
30 (B) The solicitation for bids shall be in conformance
31 with accepted business practices and the method of
32 solicitation shall be set out in detail in the rules and
33 regulations of the Authority.
34 (C) Proposals received pursuant to public advertisement
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1 shall be publicly opened at the day and hour and at the place
2 specified in the solicitation for such bids.
3 (D) Successful bidders for such services and supplies
4 shall enter into contracts furnished and prescribed by the
5 Authority.
6 (E) All purchases, contracts or other obligations or
7 expenditures of funds by the Authority shall be in accordance
8 with rules and regulations governing the Authority's
9 procurement practice and procedures and
10 The Authority shall promulgate and publish its
11 procurement such practices and procedures in sufficient
12 number for distribution to persons interested in bidding on
13 purchases or contracts to be let by the Authority. Such rules
14 and regulations shall be kept on file with the Secretary of
15 the Authority at all times and shall be available for
16 inspection by members of the public at all reasonable times
17 and hours.
18 Such rules and regulations shall be filed and become
19 effective in connection with the Illinois Administrative
20 Procedure Act.
21 (F) Any contract entered into for purchase or
22 expenditure of funds of the Authority made in violation of
23 this Act or the rules and regulations in pursuance thereof is
24 void and of no effect.
25 (G) Warrant. All sellers to the Authority shall attach a
26 statement to the delivery invoice attesting that the
27 standards set forth in the contracts have been met. The
28 statement shall be substantially in the following form:
29 "The Seller,.... hereby certifies that the goods,
30 merchandise and wares shipped in accordance with the attached
31 delivery invoice have met all the required standards set
32 forth in the purchasing contract.
33 ....(Seller)."
34 Failure to attach the statement (H) Whoever violates the
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1 provisions of this Section, or the rules and regulations
2 adopted in pursuance thereof, is guilty of a Class A
3 misdemeanor.
4 (Source: P.A. 86-1164.)
5 ARTICLE 98
6 HUMAN SERVICES DELIVERY ACT
7 Section 98-1. Short title. This Article may be cited as
8 the Human Services Delivery Act.
9 Section 98-5. Legislative findings and declaration of
10 policy.
11 (a) The purpose of this Article is to set forth a
12 program to better provide human services to needy citizens of
13 the State of Illinois. The State of Illinois contracts with
14 or provides grants to private entities for the purpose of
15 providing residential and day treatment services to the
16 mentally ill and developmentally disabled. The State of
17 Illinois enters into these contracts and provides these
18 grants in order to best provide the human services necessary
19 for the care and development of its neediest citizens.
20 (b) The legislature finds that the needs of its mentally
21 ill and developmentally disabled citizens cannot be met if
22 the services provided to them through contracts or grants
23 between the State of Illinois and private providers are
24 subject to disruption. The legislature further finds that
25 the services are most likely to be disrupted if the private
26 providers of the services have illegally interfered with the
27 rights of the private providers' employees under federal law.
28 Private providers or employers found guilty of violating the
29 National Labor Relations Act are most likely to be subject to
30 strikes and other work stoppages by their employees, which
31 strikes or work stoppages have a detrimental effect on the
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1 services being provided to Illinois citizens who are mentally
2 ill or developmentally disabled.
3 (c) It is hereby declared to be the policy of the State
4 of Illinois that in order to prevent the disruption of
5 residential and day treatment services to the mentally ill
6 and developmentally disabled citizens, the State of Illinois
7 shall not contract with or provide grants to private
8 providers to provide these services if the private provider
9 has been found to have violated the National Labor Relations
10 Act by committing 3 or more unfair labor practices in any 24
11 month period in the 3 years preceding the effective date or
12 renewal date of the contract, agreement, or grant.
13 Section 98-10. Definitions. As used in this Article,
14 unless the context otherwise requires:
15 "Contractor or grantee" means an entity other than the
16 State of Illinois, a department of the State of Illinois, or
17 political subdivision of the State of Illinois which has a
18 contractual or other relationship with the State of Illinois
19 or a department of the State of Illinois to provide
20 residential or day treatment services to the mentally ill or
21 developmentally disabled, which contract is funded in whole
22 or in part by the State of Illinois or through the Medicaid
23 Program of the State of Illinois.
24 "National Labor Relations Act" means the federal statute,
25 found at 29 U.S.C. Section 101, et seq., as amended.
26 "Violation of the National Labor Relations Act" means a
27 decision by the National Labor Relations Board that the
28 National Labor Relations Act has been violated.
29 Section 98-20. Certification. No grantee or contractor
30 shall receive a grant or be considered for the purposes of
31 being awarded a contract for providing residential or day
32 treatment services for the mentally ill or developmentally
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1 disabled, unless that grantee or contractor has certified to
2 the State of Illinois or to the granting or contracting
3 agency that it has not been found to have committed 3 or more
4 unfair labor practices during a 24 month period in the 3
5 years preceding the effective date of the contract or grant.
6 Section 98-25. Suspension or termination of the contract
7 or grant. Each contract or grant awarded by the State of
8 Illinois shall be subject to suspension of payments or
9 termination or both if it is determined that:
10 (a) The contractor or grantee has made a false
11 certification under Section 98-20 of this Article; or
12 (b) The contractor or grantee, after the effective date
13 of the contract or grant, is found to have committed 3 or
14 more unfair labor practices during a 24 month period under
15 the National Labor Relations Act.
16 Section 98-30. Debarment. Any contractor or grantee who
17 files a false certification under Section 98-20 or whose
18 contract or grant is suspended or terminated under Section
19 98-25 shall be debarred from seeking or obtaining a new
20 contract or grant covered under this Article for a period of
21 one year from the date that the contract or grant was
22 terminated or suspended.
23 Section 98-35. Suspension, termination or debarment
24 proceedings; remediation.
25 (a) In any determination proceeding for suspension of
26 payment, termination, or debarment pursuant to this Article,
27 the only question shall be whether the contractor or grantee
28 has violated the National Labor Relations Act as defined by
29 this Article.
30 (b) All proceedings for suspension of payment,
31 termination, or debarment pursuant to this Article shall be
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1 conducted in accordance with the Illinois Administrative
2 Procedure Act.
3 (c) Upon notice to the Department of Human Services from
4 a labor organization that a complaint has been issued by the
5 National Labor Relations Board against a contractor or
6 grantee, the Department shall at the request of the labor
7 organization convene a remediation session between the labor
8 organization and the contractor or grantee. The Department
9 shall establish rules concerning the conduct of the sessions.
10 (d) As minor violations of a technical nature are not
11 likely to result in interference with employees' rights
12 sufficient to cause significant disruption in the provision
13 of essential services, nothing herein shall preclude the
14 Department from making a finding that the violations were of
15 a technical nature with only de minimus impact on the rights
16 guaranteed under the National Labor Relations Act.
17 ARTICLE 99
18 EFFECTIVE DATE
19 Section 99-5. Effective date and transition. This
20 Article 99 and Article 98 take effect upon becoming law.
21 Article 95 takes effect January 1, 1999. Articles 1 through
22 90 take effect upon becoming law solely for the purposes of
23 appointment of the Procurement Policy Board and allowing the
24 Procurement Policy Board and State agencies designated under
25 Article 5 to promulgate rules to implement this Code.
26 Articles 1 through 90, for all other purposes, take effect
27 January 1, 1999.