State of Illinois
91st General Assembly
Legislation

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91_SB0876enr

 
SB876 Enrolled                                 LRB9105732MWpr

 1        AN ACT to amend the Illinois Procurement Code by changing
 2    Sections 1-10 and 20-50.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois Procurement Code is amended by
 6    changing Sections 1-10 and 20-50 as follows:

 7        (30 ILCS 500/1-10)
 8        Sec. 1-10.  Application.
 9        (a)  This Code applies only  to  procurements  for  which
10    contractors  were  first  solicited on or after July 1, 1998.
11    This Code shall not be construed  to  affect  or  impair  any
12    contract,  or any provision of a contract, entered into based
13    on a solicitation prior to the implementation  date  of  this
14    Code as described in Article 99, including but not limited to
15    any  covenant  entered into with respect to any revenue bonds
16    or similar instruments. All procurements for which  contracts
17    are  solicited  between the effective date of Articles 50 and
18    99 and July 1, 1998 shall be substantially in accordance with
19    this Code and its intent.
20        (b)  This Code shall apply regardless of  the  source  of
21    the  funds  with  which  the  contracts  are  paid, including
22    federal assistance moneys. This Code shall not apply to:
23             (1)  contracts between the State and  its  political
24        subdivisions  or  other  governments,  or  between  State
25        governmental  bodies  except  as specifically provided in
26        this Code.
27             (2)  grants.
28             (3)  purchase of care.
29             (4)  hiring of an individual as employee and not  as
30        an   independent   contractor,  whether  pursuant  to  an
31        employment code or policy or by  contract  directly  with
 
SB876 Enrolled             -2-                 LRB9105732MWpr
 1        that individual.
 2             (5)  collective bargaining contracts.
 3             (6)  purchase of real estate.
 4             (7)  contracts  necessary to prepare for anticipated
 5        litigation,  enforcement  actions,   or   investigations,
 6        provided  that  the  chief  legal counsel to the Governor
 7        shall give his or her prior approval when  the  procuring
 8        agency   is  one  subject  to  the  jurisdiction  of  the
 9        Governor, and provided that the chief  legal  counsel  of
10        any  other  procuring  entity  subject to this Code shall
11        give his or her prior approval when the procuring  entity
12        is not one subject to the jurisdiction of the Governor.
13             (8)  contracts  for  services  to  Northern Illinois
14        University  by  a  person,  acting  as   an   independent
15        contractor,  who  is  qualified by education, experience,
16        and technical ability and is selected by negotiation  for
17        the  purpose  of providing non-credit educational service
18        activities or products by means of  specialized  programs
19        offered by the university.
20    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

21        (30 ILCS 500/20-50)
22        Sec.  20-50.   Specifications.   Specifications  shall be
23    prepared in accordance with  consistent  standards  that  are
24    promulgated  by the chief procurement officer and reviewed by
25    the Board and the Joint Committee  on  Administrative  Rules.
26    Those  standards  shall include a prohibition against the use
27    of brand-name only products, except for products intended for
28    retail sale or as specified by  rule,  and  shall  include  a
29    restriction  on  the  use  of  specifications  drafted  by  a
30    potential  bidder.   All specifications shall seek to promote
31    overall economy  for  the  purposes  intended  and  encourage
32    competition  in satisfying the State's needs and shall not be
33    unduly restrictive.
 
SB876 Enrolled             -3-                 LRB9105732MWpr
 1        A solicitation or  specification  for  a  contract  or  a
 2    contract,  including  a contract of a college, university, or
 3    institution under  the  jurisdiction  of  a  governing  board
 4    listed  in  Section  1-15.100,  may  not  require, stipulate,
 5    suggest,  or  encourage  a  monetary   or   other   financial
 6    contribution  or  donation  as an explicit or implied term or
 7    condition for  awarding  or  completing  the  contract.   The
 8    contract, solicitation, or specification also may not include
 9    a  requirement  that an individual or individuals employed by
10    such  a  college,  university,  or  institution   receive   a
11    consulting contract for professional services.
12    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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