Public Act 90-0572 of the 90th General Assembly
Public Act 90-0572
HB1633 Enrolled LRB9003208DJcdA
AN ACT in relation to the delivery of goods and services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
Illinois Procurement Code.
Section 1-5. Public policy. It is the purpose of this
Code and is declared to be the policy of the State that the
principles of competitive bidding and economical procurement
practices shall be applicable to all purchases and contracts
by or for any State agency.
Section 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998.
This Code shall not be construed to affect or impair any
contract, or any provision of a contract, entered into based
on a solicitation prior to the implementation date of this
Code as described in Article 99, including but not limited to
any covenant entered into with respect to any revenue bonds
or similar instruments. All procurements for which contracts
are solicited between the effective date of Articles 50 and
99 and July 1, 1998 shall be substantially in accordance with
this Code and its intent.
(b) This Code shall apply regardless of the source of
the funds with which the contracts are paid, including
federal assistance moneys. This Code shall not apply to:
(1) contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) grants.
(3) purchase of care.
(4) hiring of an individual as employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) collective bargaining contracts.
(6) purchase of real estate.
(7) contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the
Governor, and provided that the chief legal counsel of
any other procuring entity subject to this Code shall
give his or her prior approval when the procuring entity
is not one subject to the jurisdiction of the Governor.
Section 1-15. Definitions. For the purposes of this
Code, the words set forth in the following Sections of this
Article have the meanings set forth in those Sections.
Section 1-15.03. Associate Procurement Officers.
"Associate Procurement Officers" means those persons
appointed as provided in Section 10-15.
Section 1-15.05. Board. "Board" means the Procurement
Policy Board.
Section 1-15.10. Business. "Business" means any
corporation, partnership, individual, sole proprietorship,
joint stock company, joint venture, or other private legal
entity.
Section 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means:
(1) for procurements for construction and
construction-related services committed by law to the
jurisdiction or responsibility of the Capital Development
Board, the executive director of the Capital Development
Board.
(2) for procurements for all construction,
construction-related services, operation of any facility, and
the provision of any service or activity committed by law to
the jurisdiction or responsibility of the Illinois Department
of Transportation, including the direct or reimbursable
expenditure of all federal funds for which the Department of
Transportation is responsible or accountable for the use
thereof in accordance with federal law, regulation, or
procedure, the Secretary of Transportation.
(3) for all procurements made by a public institution of
higher education, a representative designated by the
Governor.
(4) for all other procurements, the Director of the
Department of Central Management Services.
Section 1-15.20. Construction and construction-related
services. "Construction" means building, altering,
repairing, improving, or demolishing any public structure or
building, or making improvements of any kind to public real
property. Construction does not include the routine
operation, routine repair, or routine maintenance of existing
structures, buildings, or real property.
"Construction-related services" means those services
including construction design, layout, inspection, support,
feasibility or location study, research, development,
planning, or other investigative study undertaken by a
construction agency concerning construction or potential
construction.
Section 1-15.25. Construction agency. "Construction
agency" means the Capital Development Board for construction
or remodeling of State-owned facilities; the Illinois
Department of Transportation for construction or maintenance
of roads, highways, bridges, and airports; the Illinois Toll
Highway Authority for construction or maintenance of toll
highways; and any other State agency entering into
construction contracts as authorized by law or by delegation
from the chief procurement officer.
Section 1-15.30. Contract. "Contract" means all types
of State agreements, regardless of what they may be called,
for the procurement, use, or disposal of supplies, services,
professional or artistic services, or construction or for
leases of real property or capital improvements, and
including master contracts, contracts for financing through
use of installment or lease-purchase arrangements,
renegotiated contracts, and change orders.
Section 1-15.35. Cost-reimbursement contract.
"Cost-reimbursement contract" means a contract under which a
contractor is reimbursed for costs that are allowable and
allocable in accordance with the contract terms and the
provisions of this Code, and a fee, if any.
Section 1-15.42. Grant. "Grant" means the furnishing by
the State of assistance, whether financial or otherwise, to
any person to support a program authorized by law. It does
not include an award the primary purpose of which is to
procure an end product for the direct benefit or use of the
State agency making the grant, whether in the form of goods,
services, or construction. A contract that results from such
an award is not a grant and is subject to this Code.
Section 1-15.45. Invitation for bids. "Invitation for
bids" means the process by which a purchasing agency requests
information from bidders, including all documents, whether
attached or incorporated by reference, used for soliciting
bids.
Section 1-15.50. Negotiation. "Negotiation" means the
process of selecting a contractor other than by competitive
sealed bids, multi-step sealed bidding, or competitive sealed
proposals, whereby a purchasing agency can establish any and
all terms and conditions of a procurement contract by
discussion with one or more prospective contractors.
Section 1-15.55. Person. "Person" means any business,
public or private corporation, partnership, individual,
union, committee, club, unincorporated association or other
organization or group of individuals, or other legal entity.
Section 1-15.60. Professional and artistic services.
"Professional and artistic services" means those services
provided under contract to a State agency by a person or
business, acting as an independent contractor, qualified by
education, experience, and technical ability.
Section 1-15.65. Purchase description. "Purchase
description" means the words used in a solicitation to
describe the supplies, services, professional or artistic
services, or construction to be procured or real property or
capital improvements to be leased and includes specifications
attached to or made a part of the solicitation.
Section 1-15.68. Purchase of care. "Purchase of care"
means a contract with a person for the furnishing of medical,
educational, psychiatric, vocational, rehabilitative, social,
or human services directly to a recipient of a State aid
program.
Section 1-15.70. Purchasing agency. "Purchasing agency"
means a State agency that is authorized by this Code, by its
implementing rules, or by authorized delegation of a chief
procurement officer to enter into contracts.
Section 1-15.75. Request for proposals. "Request for
proposals" means the process by which a purchasing agency
requests information from offerors, including all documents,
whether attached or incorporated by reference, used for
soliciting proposals.
Section 1-15.80. Responsible bidder or offeror.
"Responsible bidder or offeror" means a person who has the
capability in all respects to perform fully the contract
requirements and the integrity and reliability that will
assure good faith performance.
Section 1-15.85. Responsive bidder. "Responsive bidder"
means a person who has submitted a bid that conforms in all
material respects to the invitation for bids.
Section 1-15.90. Services. "Services" means the
furnishing of labor, time, or effort by a contractor, not
involving the delivery of a specific end product other than
reports or supplies that are incidental to the required
performance.
Section 1-15.95. Specifications. "Specifications" means
any description, provision, or requirement pertaining to the
physical or functional characteristics or of the nature of a
supply, service, or other item to be procured under a
contract. Specifications may include a description of any
requirement for inspecting, testing, or preparing a supply,
service, professional or artistic service, construction, or
other item for delivery.
Section 1-15.100. State agency. "State agency" means
and includes all boards, commissions, agencies, institutions,
authorities, and bodies politic and corporate of the State,
created by or in accordance with the constitution or statute,
of the executive branch of State government and does include
colleges, universities, and institutions under the
jurisdiction of the governing boards of the University of
Illinois, Southern Illinois University, Illinois State
University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State
University, Governor State University, Northeastern Illinois
University, and the Board of Higher Education. However, this
term does not apply to public employee retirement systems or
investment boards that are subject to fiduciary duties
imposed by the Illinois Pension Code or to the University of
Illinois Foundation. "State agency" does not include units
of local government, school districts, community colleges
under the Public Community College Act, and the Illinois
Comprehensive Health Insurance Board.
Section 1-15.105. State purchasing officer. "State
purchasing officer" means a person appointed by any of the
chief procurement officers to exercise the procurement
authority created by this Code or by rule.
Section 1-15.110. Supplies. "Supplies" means all
personal property, including but not limited to equipment,
materials, printing, and insurance, and the financing of
those supplies.
Section 1-15.115. Using agency. "Using agency" means a
State agency that uses items procured under this Code.
Section 1-25. Property rights. No person shall have any
right to a specific contract with the State unless that
person has a contract that has been signed by an officer or
employee of the purchasing agency with appropriate signature
authority. The State shall be under no obligation to issue
an award or execute a contract.
Section 1-30. Applicability to Constitutional Officers
and the Legislative and Judicial Branches.
(a) The constitutional officers shall procure their
needs in a manner substantially in accordance with the
requirements of this Code and shall promulgate rules no less
restrictive than the requirements of this Code.
(b) The legislative and judicial branches are exempt
from this Code. The legislative and judicial branches shall
make procurements in accordance with rules promulgated to
meet their needs. Procurement rules promulgated by the
legislative and judicial branches may incorporate provisions
of this Code.
ARTICLE 5
POLICY ORGANIZATION
Section 5-5. Procurement Policy Board.
(a) Creation. There is created a Procurement Policy
Board.
(b) Authority and duties. The Board shall have the
authority and responsibility to review, comment upon, and
recommend, consistent with this Code, rules and practices
governing the procurement, management, control, and disposal
of supplies, services, professional or artistic services,
construction, and real property and capital improvement
leases procured by the State. Upon a three-fifths vote of
its members, the Board may review a contract. Upon a
three-fifths vote of its members, the Board may propose
procurement rules for consideration by chief procurement
officers. These proposals shall be published in each volume
of the Procurement Bulletin. Except as otherwise provided by
law, the Board shall act upon the vote of a majority of its
members who have been appointed and are serving.
(c) Members. The Board shall consist of 5 members
appointed one each by the 4 legislative leaders and the
Governor. Each member shall have demonstrated sufficient
business or professional experience in the area of
procurement to perform the functions of the Board. No member
may be a member of the General Assembly.
(d) Terms. Of the initial appointees, the Governor
shall designate one member, as Chairman, to serve a one-year
term, the President of the Senate and the Speaker of the
House shall each appoint one member to serve 3-year terms,
and the Minority Leader of the House and the Minority Leader
of the Senate shall each appoint one member to serve 2-year
terms. Subsequent terms shall be 4 years. Members may be
reappointed for succeeding terms.
(e) Reimbursement. Members shall receive no
compensation but shall be reimbursed for any expenses
reasonably incurred in the performance of their duties.
(f) Staff support. Upon a three-fifths vote of its
members, the Board may employ an executive director. Subject
to appropriation, the Board also may have up to 3 staff
persons. Other support services shall be provided by the
chief procurement officers.
(g) Meetings. Meetings of the Board may be conducted
telephonically, electronically, or through the use of other
telecommunications. Written minutes of such meetings shall be
created and available for public inspection and copying.
Section 5-23. Interests of Board members. Members of the
Procurement Policy Board employed by or holding an interest
in an entity doing business with or attempting to do business
with the State of Illinois do not, by their service on the
Board, preclude that entity from doing business with or
attempting to do business with the State.
Section 5-25. Rulemaking authority. A State agency
authorized to make procurements under this Code shall have
the authority to promulgate rules to carry out that
authority. That rulemaking on specific procurement topics is
mentioned in specific Sections of this Code shall not be
construed as prohibiting or limiting rulemaking on other
procurement topics.
All rules shall be promulgated in accordance with the
Illinois Administrative Procedure Act. Contractual
provisions, specifications, and procurement descriptions are
not rules and are not subject to the Illinois Administrative
Procedure Act. All rules other than those promulgated by the
Board shall be presented in writing to the Board for its
review and comment. The Board shall express its opinions and
recommendations in writing. Both the proposed rules and
Board recommendations shall be made available for public
review. The rules shall also be approved by the applicable
chief procurement officer and the Joint Committee on
Administrative Rules.
ARTICLE 10
APPOINTMENTS
Section 10-5. Exercise of procurement authority. The
State purchasing officers shall be appointed by their
respective chief procurement officer and approved by the
director of each State agency. The State purchasing officer
of each State agency shall exercise the procurement authority
created by this Code except as otherwise provided in this
Code.
Section 10-10. General appointments. The chief
procurement officer shall appoint and the director of each
State agency shall approve a State purchasing officer to
exercise within his or her jurisdiction the procurement
authority created by this Code. In the absence of an
appointed and approved State purchasing officer, the
applicable chief procurement officer shall exercise the
procurement authority created by this Code.
Section 10-15. Associate Procurement Officers. The
Governor, with the consent of the statutory chief procurement
officers, may for proper and effective administration of this
Code appoint associate procurement officers. All associate
procurement officers shall be submitted to the Senate for
advice and consent. For the purposes of this Code, duly
appointed associate procurement officers shall function in
all respects as chief procurement officers. Associate
procurement officers shall serve at the pleasure of the
Governor.
ARTICLE 15
PROCUREMENT BULLETIN
Section 15-1. Publisher. The Department of Central
Management Services is the State agency responsible for
publishing its volumes of the Illinois Procurement Bulletin.
The Capital Development Board is responsible for publishing
its volumes of the Illinois Procurement Bulletin. The
Department of Transportation is responsible for publishing
its volumes of the Illinois Procurement Bulletin. The higher
education chief procurement officer is responsible for
publishing the higher education volumes of the Illinois
Procurement Bulletin.
Each volume of the Illinois Procurement Bulletin shall be
available electronically and may be available in print.
References in this Code to the publication and distribution
of the Illinois Procurement Bulletin include both its print
and electronic formats.
Section 15-10. Contents. The Illinois Procurement
Bulletin shall contain notices and other information required
by this Code or by rules promulgated under this Code to be
published in the Illinois Procurement Bulletin. Each volume
shall include a comprehensive index of its contents.
Section 15-15. Publication. All volumes of the Illinois
Procurement Bulletin shall be published at least once per
month. Any volume, including volumes available in print
format, shall be available through subscription for a minimal
fee not exceeding publication and distribution costs. The
Illinois Procurement Bulletin shall be distributed free to
public libraries within Illinois.
Section 15-20. Qualified bidders. Subscription to the
Illinois Procurement Bulletin shall not be required to
qualify as a bidder or offeror under this Code.
Section 15-25. Bulletin content.
(a) Invitations for bids. Notice of each and every
contract that is offered, including renegotiated contracts
and change orders, shall be published in the Bulletin. The
applicable chief procurement officer may provide by rule an
organized format for the publication of this information, but
in any case it must include at least the date first offered,
the date submission of offers is due, the location that
offers are to be submitted to, the purchasing State agency,
the responsible State purchasing officer, a brief purchase
description, the method of source selection, and information
of how to obtain a comprehensive purchase description and any
disclosure and contract forms.
(b) Contracts let or awarded. Notice of each and every
contract that is let or awarded, including renegotiated
contracts and change orders, shall be published in the next
available subsequent Bulletin, and the applicable chief
procurement officer may provide by rule an organized format
for the publication of this information, but in any case it
must include at least all of the information specified in
subsection (a) as well as the name of the successful
responsible bidder or offeror, the contract price, the number
of unsuccessful responsive bidders, and any other disclosure
specified in any Section of this Code.
(c) Emergency purchase disclosure. Any chief
procurement officer, State purchasing officer, or designee
exercising emergency purchase authority under this Code shall
publish a written description and reasons and the total cost,
if known, or an estimate if unknown and the name of the
responsible chief procurement officer and State purchasing
officer, and the business or person contracted with for all
emergency purchases in the next timely, practicable Bulletin.
(d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other
Sections of this Code in a timely manner.
ARTICLE 20
SOURCE SELECTION AND CONTRACT FORMATION
Section 20-5. Method of source selection. Unless
otherwise authorized by law, all State contracts shall be
awarded by competitive sealed bidding, in accordance with
Section 20-10, except as provided in Sections 20-15, 20-20,
20-25, 20-30, 20-35, 30-15, and 40-20.
Section 20-10. Competitive sealed bidding.
(a) Conditions for use. All contracts shall be awarded
by competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall
be issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 days before the date set in the invitation for
the opening of bids.
(d) Bid opening. Bids shall be opened publicly in the
presence of one or more witnesses at the time and place
designated in the invitation for bids. The name of each
bidder, the amount of each bid, and other relevant
information as may be specified by rule shall be recorded.
After the award of the contract, the winning bid and the
record of each unsuccessful bid shall be open to public
inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria
that will affect the bid price and be considered in
evaluation for award, such as discounts, transportation
costs, and total or life cycle costs, shall be objectively
measurable. The invitation for bids shall set forth the
evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with
reasonable promptness by written notice to the lowest
responsible and responsive bidder whose bid meets the
requirements and criteria set forth in the invitation for
bids, except when a State purchasing officer determines it is
not in the best interest of the State and by written
explanation determines another bidder shall receive the
award. The explanation shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may
be issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
Section 20-15. Competitive sealed proposals.
(a) Conditions for use. When provided under this Code
or under rules, or when the purchasing agency determines in
writing that the use of competitive sealed bidding is either
not practicable or not advantageous to the State, a contract
may be entered into by competitive sealed proposals.
(b) Request for proposals. Proposals shall be solicited
through a request for proposals.
(c) Public notice. Public notice of the request for
proposals shall be published in the Illinois Procurement
Bulletin at least 14 days before the date set in the
invitation for the opening of proposals.
(d) Receipt of proposals. Proposals shall be opened
publicly in the presence of one or more witnesses at the time
and place designated in the request for proposals, but
proposals shall be opened in a manner to avoid disclosure of
contents to competing offerors during the process of
negotiation. A record of proposals shall be prepared and
shall be open for public inspection after contract award.
(e) Evaluation factors. The requests for proposals
shall state the relative importance of price and other
evaluation factors. Proposals shall be submitted in 2 parts:
the first, covering items except price; and the second,
covering price. The first part of all proposals shall be
evaluated and ranked independently of the second part of all
proposals.
(f) Discussion with responsible offerors and revisions
of proposals. As provided in the request for proposals and
under rules, discussions may be conducted with responsible
offerors who submit proposals determined to be reasonably
susceptible of being selected for award for the purpose of
clarifying and assuring full understanding of and
responsiveness to the solicitation requirements. Those
offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and
before award for the purpose of obtaining best and final
offers. In conducting discussions there shall be no
disclosure of any information derived from proposals
submitted by competing offerors. If information is disclosed
to any offeror, it shall be provided to all competing
offerors.
(g) Award. Awards shall be made to the responsible
offeror whose proposal is determined in writing to be the
most advantageous to the State, taking into consideration
price and the evaluation factors set forth in the request for
proposals. The contract file shall contain the basis on
which the award is made.
Section 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services other than professional or artistic services, not
exceeding $10,000 and any procurement of construction not
exceeding $30,000 may be made without competitive sealed
bidding. Procurements shall not be artificially divided so
as to constitute a small purchase under this Section.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
Section 20-25. Sole source procurements. In accordance
with standards set by rule, contracts may be awarded without
use of the specified method of source selection when there is
only one economically feasible source for the item. At least
2 weeks before entering into a sole source contract, the
purchasing agency shall publish in the Illinois Procurement
Bulletin a notice of intent to do so along with a description
of the item to be procured and the intended sole source
contractor.
Section 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards
set by rule, a purchasing agency may make emergency
procurements without competitive sealed bidding or prior
notice when there exists a threat to public health or public
safety, or when immediate expenditure is necessary for
repairs to State property in order to protect against further
loss of or damage to State property, to prevent or minimize
serious disruption in State services, or to ensure the
integrity of State records. Emergency procurements shall be
made with as much competition as is practicable under the
circumstances. A written description of the basis for the
emergency and reasons for the selection of the particular
contractor shall be included in the contract file.
(b) Notice. Before the next appropriate volume of the
Illinois Procurement Bulletin, the purchasing agency shall
publish in the Illinois Procurement Bulletin a copy of each
written description and reasons and the total cost of each
emergency procurement made during the previous month. When
only an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate
and published. When the actual total cost is determined, it
shall also be published in like manner before the 10th day of
the next succeeding month.
(c) Affidavits. A purchasing agency making a
procurement under this Section shall file affidavits with
the chief procurement officer and the Auditor General within
10 days after the procurement setting forth the amount
expended, the name of the contractor involved, and the
conditions and circumstances requiring the emergency
procurement. When only an estimate of the cost is available
within 10 days after the procurement, the actual cost shall
be reported immediately after it is determined. At the end
of each fiscal quarter, the Auditor General shall file with
the Legislative Audit Commission and the Governor a complete
listing of all emergency procurements reported during that
fiscal quarter. The Legislative Audit Commission shall
review the emergency procurements so reported and, in its
annual reports, advise the General Assembly of procurements
that appear to constitute an abuse of this Section.
(d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items
available at a discount for a limited period of time.
Section 20-35. Competitive selection procedures.
(a) Conditions for use. The services specified in
Article 35 shall be procured in accordance with this Section,
except as authorized under Sections 20-25 and 20-30 of this
Article.
(b) Statement of qualifications. Potential contractors
shall submit statements of qualifications and expressions of
interest. The chief procurement officer shall specify a
uniform format for statements of qualifications. Persons may
amend these statements at any time by filing a new statement.
(c) Public announcement and form of request for
proposals. Public notice of the need for the procurement
shall be given in the form of a request for proposals and
published in the Illinois Procurement Bulletin at least 14
days before the date set in the request for proposals for the
opening of proposals. The request for proposals shall
describe the services required, list the type of information
and data required of each offeror, and state the relative
importance of particular qualifications.
(d) Discussions. The purchasing agency may conduct
discussions with any offeror who has submitted a proposal to
determine the offeror's qualifications for further
consideration. Discussions shall not disclose any
information derived from proposals submitted by other
offerors.
(e) Award. Award shall be made to the offeror
determined in writing by the purchasing agency to be best
qualified based on the evaluation factors set forth in the
request for proposals and negotiation of compensation
determined to be fair and reasonable.
Section 20-40. Cancellation of invitations for bids or
requests for proposals. An invitation for bids, a request
for proposals, or any other solicitation may be cancelled
without penalty, or any and all bids or proposals may be
rejected in whole or in part as may be specified in the
solicitation, when it is in the best interests of the State
in accordance with rules. The reasons for cancellation or
rejection shall be made part of the contract file.
Section 20-45. Prequalification of suppliers. The chief
procurement officer shall promulgate rules for the
development of prequalified supplier lists for appropriate
categories of purchases and the annual updating of those
lists.
Section 20-50. Specifications. Specifications shall be
prepared in accordance with consistent standards that are
promulgated by the chief procurement officer and reviewed by
the Board and the Joint Committee on Administrative Rules.
Those standards shall include a prohibition against the use
of brand-name only products, except for products intended for
retail sale or as specified by rule, and shall include a
restriction on the use of specifications drafted by a
potential bidder. All specifications shall seek to promote
overall economy for the purposes intended and encourage
competition in satisfying the State's needs and shall not be
unduly restrictive.
Section 20-55. Types of contracts. Subject to the
limitations of this Section and unless otherwise authorized
by law, any type of contract that will promote the best
interests of the State may be used, except that
cost-plus-a-percentage-of-cost contracts are prohibited. A
cost-reimbursement contract may be used only when a
determination is made in writing that a cost-reimbursement
contract is likely to be less costly to the State than any
other type or that it is impracticable to obtain the item
required except under that type of contract. The general
form of contracts shall be determined by the chief
procurement officer.
Section 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into
for any period of time deemed to be in the best interests of
the State but not exceeding 10 years. The length of a lease
for real property or capital improvements shall be in
accordance with the provisions of Section 40-25.
(b) Subject to appropriation. All contracts made or
entered into shall recite that they are subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to make
payments under the terms of the contract.
Section 20-65. Right to audit records.
(a) Maintenance of books and records. Every contract
and subcontract shall require the contractor or
subcontractor, as applicable, to maintain books and records
relating to the performance of the contract or subcontract
and necessary to support amounts charged to the State under
the contract or subcontract. The books and records shall be
maintained by the contractor for a period of 3 years from the
later of the date of final payment under the contract or
completion of the contract and by the subcontractor for a
period of 3 years from the later of the date of final payment
under the subcontract or completion of the subcontract.
However, the 3-year period shall be extended for the duration
of any audit in progress at the time of that period's
expiration.
(b) Audit. Every contract and subcontract shall provide
that all books and records required to be maintained under
subsection (a) shall be available for review and audit by the
Auditor General and the purchasing agency. Every contract
and subcontract shall require the contractor and
subcontractor, as applicable, to cooperate fully with any
audit.
(c) Failure to maintain books and records. Failure to
maintain the books and records required by this Section shall
establish a presumption in favor of the State for the
recovery of any funds paid by the State for which required
books and records are not available.
Section 20-70. Finality of determinations.
Determinations made by a purchasing agency under this Code
are final and conclusive unless they are clearly erroneous,
arbitrary, capricious, or contrary to law.
Section 20-75. Disputes and protests. The chief
procurement officers shall by rule establish procedures to be
followed by purchasing agencies in resolving protested
solicitations and awards and contract controversies, for
debarment or suspension of contractors, and for resolving
other procurement-related disputes.
Section 20-80. Contract files.
(a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
(b) Filing with Comptroller. Whenever a contract
liability, except for:
(1) contracts paid from personal services, or
(2) contracts between the State and its employees
to defer compensation in accordance with Article 24 of
the Illinois Pension Code
exceeding $10,000 is incurred by any State agency, a copy of
the contract, purchase order, or lease shall be filed with
the Comptroller within 15 days thereafter. Any cancellation
or modification to any such contract liability shall be filed
with the Comptroller within 15 days of its execution.
(c) Late filing affidavit. When a contract, purchase
order, or lease required to be filed by this Section has not
been filed within 30 days of execution, the Comptroller shall
refuse to issue a warrant for payment thereunder until the
agency files with the Comptroller the contract, purchase
order, or lease and an affidavit, signed by the chief
executive officer of the agency or his or her designee,
setting forth an explanation of why the contract liability
was not filed within 30 days of execution. A copy of this
affidavit shall be filed with the Auditor General.
(d) Professional and artistic services contracts. No
voucher shall be submitted to the Comptroller for a warrant
to be drawn for the payment of money from the State treasury
or from other funds held by the State Treasurer on account of
any contract for services involving professional or artistic
skills involving an expenditure of more than $5,000 for the
same type of service at the same location during any fiscal
year unless the contract is reduced to writing before the
services are performed and filed with the Comptroller. When
a contract for professional or artistic skills in excess of
$5,000 was not reduced to writing before the services were
performed, the Comptroller shall refuse to issue a warrant
for payment for the services until the State agency files
with the Comptroller:
(1) a written contract covering the services, and
(2) an affidavit, signed by the chief executive
officer of the State agency or his or her designee,
stating that the services for which payment is being made
were agreed to before commencement of the services and
setting forth an explanation of why the contract was not
reduced to writing before the services commenced.
A copy of this affidavit shall be filed with the Auditor
General. The Comptroller shall maintain professional or
artistic service contracts filed under this Section
separately from other filed contracts.
(e) Method of source selection. When a contract is
filed with the Comptroller under this Section, the
Comptroller's file shall identify the method of source
selection used in obtaining the contract.
Section 20-85. Federal requirements. A State agency
receiving federal-aid funds, grants, or loans shall have
authority to adopt its procedures, rules, project statements,
drawings, maps, surveys, plans, specifications, contract
terms, estimates, bid forms, bond forms, and other documents
or practices to comply with the regulations, policies, and
procedures of the designated authority, administration, or
department of the United States, in order to remain eligible
for such federal-aid funds, grants, or loans.
Section 20-90. Foreign country procurements.
Procurements to meet the needs of State offices located in
foreign countries shall comply with the provisions of this
Code to the extent practical.
Section 20-95. Donations. Nothing in this Code or in
the rules promulgated under this Code shall prevent any State
agency from complying with the terms and conditions of any
grant, gift, or bequest that calls for the procurement of a
particular good or service or the use of a particular
contractor, provided that the grant, gift, or bequest
provides majority funding for the contract.
Section 20-105. State agency printing. All books,
pamphlets, documents, and reports published through or by the
State of Illinois or any State agency, board, or commission
shall have printed thereon "Printed by authority of the State
of Illinois", the date of each publication, the number of
copies printed, and the printing order number. Each using
agency shall be responsible for ascertaining the compliance
of printing materials procured by or for it with this
Section. No printing or reproduction contract shall be let
and no printing or reproduction shall be accomplished when
that wording does not appear on the material to be printed or
reproduced. No publication may have written, stamped, or
printed on it, or attached to it, "Compliments of ........
(naming a person)" or any words of similar import.
Section 20-110. Printing cost offsets. The chief
procurement officer may promulgate rules permitting the
exchange of advertising rights in or receipt of free copies
of printed products procured under this Article as a means of
reducing printing costs. The rules shall specify the
appropriate method of source selection to be used to
competitively acquire printing cost offsets.
ARTICLE 25
SUPPLIES AND SERVICES (EXCLUDING
PROFESSIONAL OR ARTISTIC)
Section 25-5. Applicability. All contracts for supplies
and services, excluding professional or artistic services,
shall be procured in accordance with the provisions of this
Article.
Section 25-10. Authority. State purchasing officers
shall have the authority to procure supplies and services,
except as that authority may be limited by the chief
procurement officer.
Section 25-15. Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsection (b) and Sections 20-20, 20-25, and 20-30, all
State contracts for supplies and services shall be awarded by
competitive sealed bidding in accordance with Section 20-10.
(b) Other methods. The chief procurement officer may
establish by rule (i) categories of purchases, including
non-governmental joint purchases, that may be made without
competitive sealed bidding and (ii) the most competitive
alternate method of source selection that shall be used for
each category of purchase.
Section 25-30. More favorable terms. A supply or
service contract may include, if determined by a State
purchasing officer to be in the best interests of the State,
a clause requiring that if more favorable terms are granted
by the contractor to any similar state or local governmental
agency in any state in a contemporaneous agreement let under
the same or similar financial terms and circumstances for
comparable supplies or services, the more favorable terms
shall be applicable under the contract.
Section 25-35. Purchase of coal and postage stamps.
(a) Delivery of necessary supplies. To avoid
interruption or impediment of delivery of necessary supplies,
commodities, and coal, State purchasing officers may make
purchases of or contracts for supplies and commodities after
April 30 of a fiscal year when delivery of the supplies and
commodities is to be made after June 30 of that fiscal year
and payment for which is to be made from appropriations for
the next fiscal year.
(b) Postage. All postage stamps purchased from State
funds must be perforated for identification purposes. A
General Assembly member may furnish the U.S. Post Office with
a warrant so as to allow for the creation or continuation of
a bulk rate mailing fund in the name of the General Assembly
member or may furnish a postage meter company or post office
with a warrant so as to facilitate the purchase of a postage
meter and its stamps. Any postage meter so purchased must
also contain a stamp that shall state "Official State Mail".
Section 25-45. Energy conservation program. State
purchasing officers may enter into energy conservation
program contracts that provide for utility cost savings. The
chief procurement officer shall promulgate and adopt rules
for the implementation of this Section.
Section 25-55. Annual reports. Every printed annual
report produced by a State agency shall bear a statement
indicating whether it was printed by the State of Illinois or
by contract and indicating the printing cost per copy and the
number of copies printed. The Department of Central
Management Services shall prepare and submit to the General
Assembly on the fourth Wednesday of January in each year a
report setting forth with respect to each State agency for
the calendar year immediately preceding the calendar year in
which the report is filed the total quantity of annual
reports printed, the total cost, and the cost per copy and
the cost per page of the annual report of the State agency
printed during the calendar year covered by the report.
Section 25-60. Prevailing wage requirements.
(a) All services furnished under service contracts of
$2,000 or more or $200 or more per month and under printing
contracts shall be subject to the following prevailing wage
requirements:
(1) Not less than the general prevailing wage rate
of hourly wages for work of a similar character in the
locality in which the work is produced shall be paid by
the successful vendor to its employees who perform the
work on the State contracts. The bidder or offeror, in
order to be considered to be a responsible bidder or
offeror for the purposes of this Code, shall certify to
the purchasing agency that wages to be paid to its
employees are no less, and fringe benefits and working
conditions of employees are not less favorable, than
those prevailing in the locality where the contract is to
be performed. Prevailing wages and working conditions
shall be determined by the Director of the Illinois
Department of Labor.
(2) Whenever a collective bargaining agreement is
in effect between an employer, other than a governmental
body, and service or printing employees as defined in
this Section who are represented by a responsible
organization that is in no way influenced or controlled
by the management, that agreement and its provisions
shall be considered as conditions prevalent in that
locality and shall be the minimum requirements taken into
consideration by the Director of Labor.
(3) Collective bargaining agreements between State
employees and the State of Illinois shall not be taken
into account by the Department of Labor in determining
the prevailing wage rate.
(b) As used in this Section, "services" means janitorial
cleaning services, window cleaning services, food services,
and security services. "Printing" means and includes all
processes and operations involved in printing, including but
not limited to letterpress, offset, and gravure processes,
the multilith method, photographic or other duplicating
process, the operations of composition, platemaking,
presswork, and binding, and the end products of those
processes, methods, and operations. As used in this Code
"printing" does not include photocopiers used in the course
of normal business activities, photographic equipment used
for geographic mapping, or printed matter that is commonly
available to the general public from contractor inventory.
(c) The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages", or "prevailing rate of
wages" when used in this Section mean the hourly cash wages
plus fringe benefits for health and welfare, insurance,
vacations, and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character.
(d) "Locality" shall have the meaning established by
rule.
(e) This Section does not apply to services furnished
under contracts for professional or artistic services.
(f) This Section does not apply to vocational programs
of training for physically or mentally handicapped persons or
to sheltered workshops for the severely disabled.
ARTICLE 30
CONSTRUCTION AND CONSTRUCTION-
RELATED PROFESSIONAL SERVICES
Section 30-5. Applicability. Construction and
construction-related professional services shall be procured
in accordance with this Article.
Section 30-10. Authority. Construction agencies shall
have the authority to procure construction and
construction-related professional services.
Section 30-15. Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsections (b), (c), and (d) and Sections 20-20, 20-25, and
20-30, all State construction contracts shall be procured by
competitive sealed bidding in accordance with Section 20-10.
(b) Other methods. The Capital Development Board shall
establish by rule construction purchases that may be made
without competitive sealed bidding and the most competitive
alternate method of source selection that shall be used.
(c) Construction-related professional services. All
construction-related professional services contracts shall be
awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act. "Professional services" means those
services within the scope of the practice of architecture,
professional engineering, structural engineering, or
registered land surveying, as defined by the laws of this
State.
(d) Correctional facilities. Remodeling and
rehabilitation projects at correctional facilities under
$25,000 funded from the General Revenue Fund are exempt from
the provisions of this Article. The Department of
Corrections may use inmate labor for the remodeling or
rehabilitation of correctional facilities on those projects
under $25,000 funded from the General Revenue Fund.
Section 30-20. Prequalification. The Capital
Development Board shall promulgate rules for the development
of prequalified supplier lists for construction and
construction-related professional services and the periodic
updating of those lists. Construction and
construction-related professional services contracts over
$25,000 may be awarded to any qualified suppliers.
Section 30-25. Retention of a percentage of contract
price. Whenever any contract entered into by a construction
agency for the repair, remodeling, renovation, or
construction of a building or structure, for the construction
or maintenance of a highway, as those terms are defined in
Article 2 of the Illinois Highway Code, or for the
reclamation of abandoned lands as those terms are defined in
Article I of the Abandoned Mined Lands and Water Reclamation
Act provides for the retention of a percentage of the
contract price until final completion and acceptance of the
work, upon the request of the contractor and with the
approval of the construction agency the amount so retained
may be deposited under a trust agreement with an Illinois
bank or financial institution of the contractor's choice and
subject to the approval of the construction agency. The
contractor shall receive any interest on the deposited
amount. Upon application by the contractor, the trust
agreement must contain, at a minimum, the following
provisions:
(1) the amount to be deposited subject to the
trust;
(2) the terms and conditions of payment in case of
default by the contractor;
(3) the termination of the trust agreement upon
completion of the contract; and
(4) the contractor shall be responsible for
obtaining the written consent of the bank trustee and for
any costs or service fees.
The trust agreement may, at the discretion of the
construction agency and upon request of the contractor,
become effective at the time of the first partial payment in
accordance with existing statutes and rules.
Section 30-30. Contracts in excess of $250,000. For
building construction contracts in excess of $250,000,
separate specifications shall be prepared for all equipment,
labor, and materials in connection with the following 5
subdivisions of the work to be performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of
those systems;
(4) electric wiring; and
(5) general contract work.
The specifications must be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof shall award
the 5 subdivisions of work separately to responsible and
reliable persons, firms, or corporations engaged in these
classes of work. The contracts, at the discretion of the
construction agency, may be assigned to the successful bidder
on the general contract work or to the successful bidder on
the subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided
that all payments will be made directly to the contractors
for the 5 subdivisions of work upon compliance with the
conditions of the contract. A contract may be let for one or
more buildings in any project to the same contractor. The
specifications shall require, however, that unless the
buildings are identical, a separate price shall be submitted
for each building. The contract may be awarded to the lowest
responsible bidder for each or all of the buildings included
in the specifications.
Section 30-35. Expenditure in excess of contract price.
(a) Germaneness. No funds in excess of the contract
price may be obligated or expended unless the additional work
to be performed or materials to be furnished is germane to
the original contract. Even if germane to the original
contract, no additional expenditures or obligations may, in
their total combined amounts, be in excess of the percentages
of the original contract amount set forth in subsection (b)
unless they have received the prior written approval of the
construction agency. In the event that the total of the
combined additional expenditures or obligations exceeds the
percentages of the original contract amount set forth in
subsection (b), the construction agency shall investigate all
the additional expenditures or obligations in excess of the
original contract amount and shall in writing approve or
disapprove subsequent expenditures or obligations and state
in detail the reasons for the approval or disapproval.
(b) Written determination required. When the contract
amount is no more than $75,000, the percentage shall be 9%
(maximum $6,750). When the contract amount is between
$75,001 and $200,000, the percentage shall be 7% of the
amount above $75,000 plus $6,750, but not to exceed 7% of
$200,000 (maximum $14,000). When the contract amount is
between $200,001 and $500,000, the percentage shall be 5% of
the amount above $200,000 plus $14,000, but not to exceed 5%
of $500,000 (maximum $25,000). When the contract amount is
in excess of $500,000, the percentage shall be 3% of the
amount above $500,000 plus $25,000.
Section 30-45. Other Acts. This Article is subject to
applicable provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act;
(5) the Employment of Illinois Workers on Public
Works Act;
(6) the Public Contract Fraud Act; and
(7) the Illinois Construction Evaluation Act.
ARTICLE 35
PROCUREMENT OF PROFESSIONAL
AND ARTISTIC SERVICES
Section 35-5. Application. All professional and
artistic services shall be procured in accordance with the
provisions of this Article.
Section 35-10. Authority. Each State purchasing
officer, under the supervision of his or her respective chief
procurement officer, has the authority to select, according
to the provisions of this Article, his or her own
professional and artistic services.
Section 35-15. Prequalification.
(a) The Director of Central Management Services and the
higher education chief procurement officer shall each develop
appropriate and reasonable prequalification standards and
categories of professional and artistic services.
(b) The prequalifications and categorizations shall be
submitted to the Procurement Policy Board and published for
public comment prior to their submission to the Joint
Committee on Administrative Rules for approval.
(c) The Director of Central Management Services and the
higher education chief procurement officer shall each also
assemble and maintain a comprehensive list of prequalified
and categorized businesses and persons.
(d) Prequalification shall not be used to bar or prevent
any qualified business or person for bidding or responding to
invitations for bid or proposal.
Section 35-20. Uniformity in procurement.
(a) The Director of Central Management Services and the
higher education chief procurement officer shall each
develop, cause to be printed, and distribute uniform
documents for the solicitation, review, and acceptance of all
professional and artistic services.
(b) All chief procurement officers, State purchasing
officers, and their designees shall use the appropriate
uniform procedures and forms specified in this Code for all
professional and artistic services.
(c) These forms shall include in detail, in writing, at
least:
(1) a description of the goal to be achieved;
(2) the services to be performed;
(3) the need for the service;
(4) the qualifications that are necessary; and
(5) a plan for post-performance review.
Section 35-25. Uniformity in contract.
(a) The Director of Central Management Services and the
higher education chief procurement officer shall each
develop, cause to be printed, and distribute uniform
documents for the contracting of professional and artistic
services.
(b) All chief procurement officers, State purchasing
officers, and their designees shall use the appropriate
uniform contracts and forms in contracting for all
professional and artistic services.
(c) These contracts and forms shall include in detail,
in writing, at least:
(1) the detail listed in subsection (c) of Section
35-20;
(2) the duration of the contract, with a schedule
of delivery, when applicable;
(3) the method for charging and measuring cost
(hourly, per day, etc.);
(4) the rate of remuneration; and
(5) the maximum price.
Section 35-30. Awards.
(a) All State contracts for professional and artistic
services, except as provided in this Section, shall be
awarded using the competitive request for proposal process
outlined in this Section.
(b) For each contract offered, the chief procurement
officer, State purchasing officer, or his or her designee
shall use the appropriate standard solicitation forms
available from the Department of Central Management Services
or the higher education chief procurement officer.
(c) Prepared forms shall be submitted to the Department
of Central Management Services or the higher education chief
procurement officer, whichever is appropriate, for
publication in its Illinois Procurement Bulletin and
circulation to the Department of Central Management Services'
or the higher education chief procurement officer's list of
prequalified vendors. Notice of the offer or request for
proposal shall appear at least 14 days before the response to
the offer is due.
(d) All interested respondents shall return their
responses to the Department of Central Management Services or
the higher education chief procurement officer, whichever is
appropriate, which shall open and record them. The
Department or higher education chief procurement officer then
shall forward the responses, together with any information it
has available about the qualifications and other State work
of the respondents.
(e) After evaluation, ranking, and selection, the
responsible chief procurement officer, State purchasing
officer, or his or her designee shall notify the Department
of Central Management Services or the higher education chief
procurement officer, whichever is appropriate, of the
successful respondent and shall forward a copy of the signed
contract for the Department's or higher education chief
procurement officer's file. The Department or higher
education chief procurement officer shall publish the names
of the responsible procurement decision-maker, the agency
letting the contract, the successful respondent, a contract
reference, and value of the let contract in the next
appropriate volume of the Illinois Procurement Bulletin.
(f) For all professional and artistic contracts with
annualized value that exceeds $25,000, evaluation and ranking
by price are required. Any chief procurement officer or
State purchasing officer, but not their designees, may select
an offeror other than the lowest bidder by price. In any
case, when the contract exceeds the $25,000 threshhold and
the lowest bidder is not selected, the chief procurement
officer or the State purchasing officer shall forward
together with the contract notice of who the low bidder was
and a written decision as to why another was selected to the
Department of Central Management Services or the higher
education chief procurement officer, whichever is
appropriate. The Department or higher education chief
procurement officer shall publish as provided in subsection
(e) of Section 35-30, but shall include notice of the chief
procurement officer's or State purchasing officer's written
decision.
(g) The Department of Central Management Services and
higher education chief procurement officer may each refine,
but not contradict, this Section by promulgating rules for
submission to the Procurement Policy Board and then to the
Joint Committee on Administrative Rules. Any refinement
shall be based on the principles and procedures of the
federal Architect-Engineer Selection Law, Public Law 92-582
Brooks Act, and the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act; except that
pricing shall be an integral part of the selection process.
Section 35-35. Exceptions.
(a) Exceptions to Section 35-30 are allowed for sole
source procurements, emergency procurements, and at the
discretion of the chief procurement officer or the State
purchasing officer, but not their designees, for professional
and artistic contracts that are nonrenewable, one year or
less in duration, and have a value of less than $20,000.
(b) All exceptions granted under this Article must still
be submitted to the Department of Central Management Services
or the higher education chief procurement officer, whichever
is appropriate, and published as provided for in subsection
(f) of Section 35-30, shall name the authorizing chief
procurement officer or State purchasing officer, and shall
include a brief explanation of the reason for the exception.
Section 35-40. Subcontractors.
(a) Any contract granted under this Article shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all
subcontractors and the expected amount of money each will
receive under the contract.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she
shall promptly notify, in writing, the Department of Central
Management Services or the higher education chief procurement
officer, whichever is appropriate, and the responsible chief
procurement officer, State purchasing officer, or their
designee of the names and addresses and the expected amount
of money each new or replaced subcontractor will receive.
ARTICLE 40
REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
Section 40-5. Applicability. All leases for real
property or capital improvements, including office and
storage space, buildings, and other facilities for State
agencies, shall be procured in accordance with the provisions
of this Article.
Section 40-10. Authority. State purchasing officers
shall have the authority to procure leases for real property
or capital improvements.
Section 40-15. Method of source selection.
(a) Request for information. Except as provided in
subsections (b) and (c), all State contracts for leases of
real property or capital improvements shall be awarded by a
request for information process in accordance with Section
40-20.
(b) Other methods. A request for information process
need not be used in procuring any of the following leases:
(1) Property of less than 10,000 square feet.
(2) Rent of less than $100,000 per year.
(3) Duration of less than one year that cannot be
renewed.
(4) Specialized space available at only one
location.
(5) Renewal or extension of a lease in effect
before July 1, 1998; provided that: (i) the chief
procurement officer determines in writing that the
renewal or extension is in the best interest of the
State; (ii) the chief procurement officer submits his or
her written determination and the renewal or extension to
the Board; (iii) the Board does not object in writing to
the renewal or extension within 30 days after its
submission; and (iv) the chief procurement officer
publishes the renewal or extension in the appropriate
volume of the Procurement Bulletin.
(c) Leases with governmental units. Leases with other
governmental units may be negotiated without using the
request for information process when deemed by the chief
procurement officer to be in the best interest of the State.
Section 40-20. Request for information.
(a) Conditions for use. Leases shall be procured by
request for information except as otherwise provided in
Section 40-15.
(b) Form. A request for information shall be issued and
shall include:
(1) the type of property to be leased;
(2) the proposed uses of the property;
(3) the duration of the lease;
(4) the preferred location of the property; and
(5) a general description of the configuration
desired.
(c) Public notice. Public notice of the request for
information for the availability of real property to lease
shall be published in the appropriate volume of the Illinois
Procurement Bulletin at least 14 days before the date set
forth in the request for receipt of responses and shall also
be published in similar manner in a newspaper of general
circulation in the community or communities where the using
agency is seeking space.
(d) Response. The request for information response
shall consist of written information sufficient to show that
the respondent can meet minimum criteria set forth in the
request. State purchasing officers may enter into
discussions with respondents for the purpose of clarifying
State needs and the information supplied by the respondents.
On the basis of the information supplied and discussions, if
any, a State purchasing officer shall make a written
determination identifying the responses that meet the minimum
criteria set forth in the request for information.
Negotiations shall be entered into with all qualified
respondents for the purpose of securing a lease that is in
the best interest of the State. A written report of the
negotiations shall be retained in the lease files and shall
include the reasons for the final selection. All leases
shall be reduced to writing and filed in accordance with the
provisions of Section 20-80.
When the lowest response by price is not selected, the
State purchasing officer shall forward to the chief
procurement officer, along with the lease, notice of the
identity of the lowest respondent by price and written
reasons for the selection of a different response. The chief
procurement officer shall publish the written reasons in the
next volume of the Illinois Procurement Bulletin.
Section 40-25. Length of leases.
(a) Maximum term. Leases shall be for a term not to
exceed 10 years and shall include a termination option in
favor of the State after 5 years.
(b) Renewal. Leases may include a renewal option. An
option to renew may be exercised only when a State purchasing
officer determines in writing that renewal is in the best
interest of the State and notice of the exercise of the
option is published in the appropriate volume of the
Procurement Bulletin at least 60 days prior to the exercise
of the option.
(c) Subject to appropriation. All leases shall recite
that they are subject to termination and cancellation in any
year for which the General Assembly fails to make an
appropriation to make payments under the terms of the lease.
Section 40-30. Purchase option. Initial leases of all
space in entire, free-standing buildings shall include an
option to purchase exerciseable by the State, unless the
purchasing officer determines that inclusion of such purchase
option is not in the State's best interest and makes that
determination in writing along with the reasons for making
that determination and publishes the written determination in
the appropriate volume of the Procurement Bulletin. Leases
from governmental units and not-for-profit entities are
exempt from the requirements of this Section.
Section 40-35. Rent without occupancy. Except when
deemed by the Board to be in the best interest of the State,
no State agency may incur rental obligations before occupying
the space rented.
Section 40-40. Local site preferences. Upon the request
of the chief executive officer of a unit of local government,
leasing preferences may be given to sites located in
enterprise zones, tax increment districts, or redevelopment
districts.
ARTICLE 45
PREFERENCES
Section 45-5. Procurement preferences. To promote
business and employment opportunities in Illinois,
procurement preferences are established and shall be
applicable to any procurement made under this Code.
Section 45-10. Resident bidders.
(a) Amount of preference. When a contract is to be
awarded to the lowest responsible bidder, a resident bidder
shall be allowed a preference as against a non-resident
bidder from any state that gives or requires a preference to
bidders from that state. The preference shall be equal to
the preference given or required by the state of the
non-resident bidder. Further, if only non-resident bidders
are bidding, the purchasing agency is within its right to
specify that Illinois labor and manufacturing locations be
used as a part of the manufacturing process, if applicable.
This specification may be negotiated as part of the
solicitation process.
(b) Residency. A resident bidder is a person authorized
to transact business in this State and having a bona fide
establishment for transacting business within this State
where it was actually transacting business on the date when
any bid for a public contract is first advertised or
announced. A resident bidder includes a foreign corporation
duly authorized to transact business in this State that has a
bona fide establishment for transacting business within this
State where it was actually transacting business on the date
when any bid for a public contract is first advertised or
announced.
(c) Federal funds. This Section does not apply to any
contract for any project as to which federal funds are
available for expenditure when its provisions may be in
conflict with federal law or federal regulation.
Section 45-15. Soybean oil-based ink. Contracts
requiring the procurement of printing services shall specify
the use of soybean oil-based ink unless a State purchasing
officer determines that another type of ink is required to
assure high quality and reasonable pricing of the printed
product.
Section 45-20. Recycled materials. When a public
contract is to be awarded to the lowest responsible bidder,
an otherwise qualified bidder who will fulfill the contract
through the use of products made of recycled materials may,
on a pilot basis or in accordance with a pilot study, be
given preference over other bidders unable to do so, provided
that the cost included in the bid of products made of
recycled materials is not more than 10% greater than the cost
of products not made of recycled materials.
Section 45-25. Recyclable paper. All paper purchased
for use by State agencies must be recyclable paper unless
recyclable paper cannot be used to meet the requirements of
the State agencies. State agencies shall determine their
paper requirements to allow the use of recyclable paper
whenever possible, including without limitation using plain
paper rather than colored paper that is not recyclable.
Section 45-30. Correctional industries. Notwithstanding
anything to the contrary in other law, the chief procurement
officer shall, in consultation with the Department of
Corrections, determine which articles, materials, industry
related services, food stuffs, and supplies that are produced
or manufactured by persons confined in institutions and
facilities of the Department of Corrections shall be given
preference by purchasing agencies procuring those items. The
chief procurement officer shall develop and distribute to the
various purchasing and using agencies procedures for
implementing this Section.
Section 45-35. Sheltered workshops for the severely
handicapped.
(a) Qualification. Supplies and services may be
procured without advertising or calling for bids from any
qualified not-for-profit agency for the severely handicapped
that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) is certified as a sheltered workshop by the
Wage and Hour Division of the United States Department of
Labor; and
(3) meets the Illinois Department of Human Services
just standards for rehabilitation facilities.
(b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair market price.
(c) Committee. There is created within the Department
of Central Management Services a committee to facilitate the
purchase of products and services of persons so severely
handicapped by a physical or mental disability that they
cannot engage in normal competitive employment. The
committee shall consist of the Director of the Department of
Central Management Services, the Director of the Department
of Human Services, and 2 representatives from private
business and 2 public members all appointed by the Governor
who are knowledgeable in the needs and concerns of
rehabilitation facilities in Illinois. The public members
shall serve 2 year terms, commencing upon appointment and
every 2 years thereafter. A public member may be
reappointed, and vacancies may be filled by appointment for
the completion of the term. The members shall serve without
compensation but shall be reimbursed for expenses at a rate
equal to that of State employees on a per diem basis by the
Department of Central Management Services. All members shall
be entitled to vote on issues before the committee.
The committee shall have the following powers and duties:
(1) To request from any State agency information as
to product specification and service requirements in
order to carry out its purpose.
(2) To meet quarterly or more often as necessary to
carry out its purposes.
(3) To request a quarterly report from each
participating qualified not-for-profit agency for the
severely handicapped describing the volume of sales for
each product or service sold under this Section.
(4) To prepare a report for the Governor annually.
(5) To prepare a publication that lists all
supplies and services currently available from any
qualified not-for-profit agency for the severely
handicapped. This list and any revisions shall be
distributed to all purchasing agencies.
(6) To encourage diversity in supplies and services
provided by qualified not-for-profit agencies for the
severely handicapped and discourage unnecessary
duplication or competition among facilities.
(7) To develop guidelines to be followed by
qualifying agencies for participation under the
provisions of this Section. The guidelines shall be
developed within 6 months after the effective date of
this Code and made available on a nondiscriminatory basis
to all qualifying agencies.
(8) To review all bids submitted under the
provisions of this Section and reject any bid for any
purchase that is determined to be substantially more than
the purchase would have cost had it been competitively
bid.
(d) Former committee. The committee created under
subsection (c) shall replace the committee created under
Section 7-2 of the Illinois Purchasing Act, which shall
continue to operate until the appointments under subsection
(c) are made.
Section 45-40. Gas mileage.
(a) Specification. Contracts for the purchase or lease
of new passenger automobiles, other than station wagons,
vans, four-wheel drive vehicles, emergency vehicles, and
police and fire vehicles, shall specify the procurement of a
model that, according to the most current mileage study
published by the U.S. Environmental Protection Agency, can
achieve at least the minimum average fuel economy in miles
per gallon imposed upon manufacturers of vehicles under Title
V of The Motor Vehicle Information and Cost Savings Act.
(b) Exemptions. The State purchasing officer may exempt
procurements from the requirement of subsection (a) when
there is a demonstrated need, submitted in writing, for an
automobile that does not meet the minimum average fuel
economy standards. The chief procurement officer shall
promulgate rules for determining need consistent with the
intent of this Section.
Section 45-45. Small businesses.
(a) Set-asides. The chief procurement officer has
authority to designate as small business set-asides a fair
proportion of construction, supply, and service contracts for
award to small businesses in Illinois. Advertisements for
bids or offers for those contracts shall specify designation
as small business set-asides. In awarding the contracts,
only bids or offers from qualified small businesses shall be
considered.
(b) Small business. "Small business" means a business
that is independently owned and operated and that is not
dominant in its field of operation. The chief procurement
officer shall establish a detailed definition by rule, using
in addition to the foregoing criteria other criteria,
including the number of employees and the dollar volume of
business. When computing the size status of a bidder, annual
sales and receipts of the bidder and all of its affiliates
shall be included. The maximum number of employees and the
maximum dollar volume that a small business may have under
the rules promulgated by the chief procurement officer may
vary from industry to industry to the extent necessary to
reflect differing characteristics of those industries,
subject to the following limitations:
(1) No wholesale business is a small business if
its annual sales for its most recently completed fiscal
year exceed $7,500,000.
(2) No retail business or business selling services
is a small business if its annual sales and receipts
exceed $1,500,000.
(3) No manufacturing business is a small business
if it employs more than 250 persons.
(4) No construction business is a small business if
its annual sales and receipts exceed $3,000,000.
(c) Fair proportion. For the purpose of subsection (a),
for State agencies of the executive branch, a fair proportion
of construction contracts shall be no less than 25% nor more
than 40% of the annual total contracts for construction.
(d) Withdrawal of designation. A small business
set-aside designation may be withdrawn by the purchasing
agency when deemed in the best interests of the State. Upon
withdrawal, all bids or offers shall be rejected, and the
bidders or offerors shall be notified of the reason for
rejection. The contract shall then be awarded in accordance
with this Code without the designation of small business
set-aside.
(e) Small business specialist. The chief procurement
officer shall designate a State purchasing officer who will
be responsible for engaging an experienced contract
negotiator to serve as its small business specialist, whose
duties shall include:
(1) Compiling and maintaining a comprehensive
bidders list of small businesses. In this duty, he or
she shall cooperate with the Federal Small Business
Administration in locating potential sources for various
products and services.
(2) Assisting small businesses in complying with
the procedures for bidding on State contracts.
(3) Examining requests from State agencies for the
purchase of property or services to help determine which
invitations to bid are to be designated small business
set-asides.
(4) Making recommendations to the chief procurement
officer for the simplification of specifications and
terms in order to increase the opportunities for small
business participation.
(5) Assisting in investigations by purchasing
agencies to determine the responsibility of bidders on
small business set-asides.
(f) Small business annual report. The State purchasing
officer designated under subsection (e) shall annually before
December 1 report in writing to the General Assembly
concerning the awarding of contracts to small businesses.
The report shall include the total value of awards made in
the preceding fiscal year under the designation of small
business set-aside.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act.
Section 45-50. Illinois agricultural products. In
awarding contracts requiring the procurement of agricultural
products, preference may be given to an otherwise qualified
bidder or offeror who will fulfill the contract through the
use of agricultural products grown in Illinois.
Section 45-55. Corn-based plastics. In awarding
contracts requiring the procurement of plastic products,
preference may be given to an otherwise qualified bidder or
offeror who will fulfill the contract through the use of
plastic products made from Illinois corn by-products.
Section 45-60. Vehicles powered by agricultural
commodity-based fuel. In awarding contracts requiring the
procurement of vehicles, preference may be given to an
otherwise qualified bidder or offeror who will fulfill the
contract through the use of vehicles powered by ethanol
produced from Illinois corn or biodiesel fuels produced from
Illinois soybeans.
Section 45-65. Additional preferences. This Code is
subject to applicable provisions of:
(1) the Public Purchases in Other States Act;
(2) the Illinois Mined Coal Act;
(3) the Steel Products Procurement Act;
(4) the Veterans Preference Act; and
(5) the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
ARTICLE 50
PROCUREMENT ETHICS AND DISCLOSURE
Section 50-1. Purpose. It is the express duty of all
chief procurement officers, State purchasing officers, and
their designees to maximize the value of the expenditure of
public moneys in procuring goods, services, and contracts for
the State of Illinois and to act in a manner that maintains
the integrity and public trust of State government. In
discharging this duty, they are charged to use all available
information, reasonable efforts, and reasonable actions to
protect, safeguard, and maintain the procurement process of
the State of Illinois.
Section 50-5. Bribery.
(a) Prohibition. No person or business shall be awarded
a contract or subcontract under this Code who:
(1) has been convicted under the laws of Illinois
or any other state of bribery or attempting to bribe an
officer or employee of the State of Illinois or any other
state in that officer's or employee's official capacity;
or
(2) has made an admission of guilt of that conduct
that is a matter of record but has not been prosecuted
for that conduct.
(b) Businesses. No business shall be barred from
contracting with any unit of State or local government as a
result of a conviction under this Section of any employee or
agent of the business if the employee or agent is no longer
employed by the business and:
(1) the business has been finally adjudicated not
guilty; or
(2) the business demonstrates to the governmental
entity with which it seeks to contract, and that entity
finds that the commission of the offense was not
authorized, requested, commanded, or performed by a
director, officer, or high managerial agent on behalf of
the business as provided in paragraph (2) of subsection
(a) of Section 5-4 of the Criminal Code of 1961.
(c) Conduct on behalf of business. For purposes of this
Section, when an official, agent, or employee of a business
committed the bribery or attempted bribery on behalf of the
business and in accordance with the direction or
authorization of a responsible official of the business, the
business shall be chargeable with the conduct.
(d) Certification. Every bid submitted to and contract
executed by the State shall contain a certification by the
contractor that the contractor is not barred from being
awarded a contract or subcontract under this Section. A
contractor who makes a false statement, material to the
certification, commits a Class 3 felony.
Section 50-10. Felons. Unless otherwise provided, no
person or business convicted of a felony shall do business
with the State of Illinois or any State agency from the date
of conviction until 5 years after the date of completion of
the sentence for that felony, unless no person held
responsible by a prosecutorial office for the facts upon
which the conviction was based continues to have any
involvement with the business.
Section 50-13. Conflicts of interest.
(a) Prohibition. It is unlawful for any person holding
an elective office in this State, holding a seat in the
General Assembly, or appointed to or employed in any of the
offices or agencies of State government and who receives
compensation for such employment in excess of 60% of the
salary of the Governor of the State of Illinois, or who is an
officer or employee of the Capital Development Board or the
Illinois Toll Highway Authority, or who is the spouse or
minor child of any such person to have or acquire any
contract, or any direct pecuniary interest in any contract
therein, whether for stationery, printing, paper, or any
services, materials, or supplies, that will be wholly or
partially satisfied by the payment of funds appropriated by
the General Assembly of the State of Illinois or in any
contract of the Capital Development Board or the Illinois
Toll Highway Authority.
(b) Interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) is entitled to receive (i) more than
7 1/2% of the total distributable income or (ii) an amount in
excess of the salary of the Governor, to have or acquire any
such contract or direct pecuniary interest therein.
(c) Combined interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) together with his or her spouse or
minor children is entitled to receive (i) more than 15%, in
the aggregate, of the total distributable income or (ii) an
amount in excess of 2 times the salary of the Governor, to
have or acquire any such contract or direct pecuniary
interest therein.
(d) Securities. Nothing in this Section invalidates the
provisions of any bond or other security previously offered
or to be offered for sale or sold by or for the State of
Illinois.
(e) Prior interests. This Section does not affect the
validity of any contract made between the State and an
officer or employee of the State or member of the General
Assembly, his or her spouse, minor child or any combination
of those persons if that contract was in existence before his
or her election or employment as an officer, member, or
employee. The contract is voidable, however, if it cannot be
completed within 365 days after the officer, member, or
employee takes office or is employed.
(f) Exceptions.
(1) Public aid payments. This Section does not
apply to payments made for a public aid recipient.
(2) Teaching. This Section does not apply to a
contract for personal services as a teacher or school
administrator between a member of the General Assembly or
his or her spouse, or a State officer or employee or his
or her spouse, and any school district, public community
college district, the University of Illinois, Southern
Illinois University, Illinois State University, Eastern
Illinois University, Northern Illinois University,
Western Illinois University, Chicago State University,
Governor State University, or Northeastern Illinois
University.
(3) Ministerial duties. This Section does not
apply to a contract for personal services of a wholly
ministerial character, including but not limited to
services as a laborer, clerk, typist, stenographer, page,
bookkeeper, receptionist, or telephone switchboard
operator, made by a spouse or minor child of an elective
or appointive State officer or employee or of a member of
the General Assembly.
(4) Child and family services. This Section does
not apply to payments made to a member of the General
Assembly, a State officer or employee, his or her spouse
or minor child acting as a foster parent, homemaker,
advocate, or volunteer for or in behalf of a child or
family served by the Department of Children and Family
Services.
(5) Licensed professionals. Contracts with licensed
professionals, provided they are competitively bid or
part of a reimbursement program for specific, customary
goods and services through the Department of Children and
Family Services, the Department of Human Services, the
Department of Public Aid, the Department of Public
Health, or the Department on Aging.
(g) Penalty. A person convicted of a violation of this
Section is guilty of a business offense and shall be fined
not less than $1,000 nor more than $5,000.
Section 50-15. Negotiations.
(a) It is unlawful for any person employed in or on a
continual contractual relationship with any of the offices or
agencies of State government to participate in contract
negotiations on behalf of that office or agency with any
firm, partnership, association, or corporation with whom that
person has a contract for future employment or is negotiating
concerning possible future employment.
(b) Any person convicted of a violation of this Section
is guilty of a business offense and shall be fined not less
than $1,000 nor more than $5,000.
Section 50-20. Exemptions. With the approval of the
appropriate chief procurement officer involved, the Governor,
or an executive ethics board or commission he or she
designates, may exempt named individuals from the
prohibitions of Section 50-13 when, in his, her, or its
judgment, the public interest in having the individual in the
service of the State outweighs the public policy evidenced in
that Section. An exemption is effective only when it is
filed with the Secretary of State and the Comptroller and
includes a statement setting forth the name of the individual
and all the pertinent facts that would make that Section
applicable, setting forth the reason for the exemption, and
declaring the individual exempted from that Section. Notice
of each exemption shall be published in the Illinois
Procurement Bulletin.
Section 50-25. Inducement. Any person who offers or
pays any money or other valuable thing to any person to
induce him or her not to bid for a State contract or as
recompense for not having bid on a State contract is guilty
of a Class 4 felony. Any person who accepts any money or
other valuable thing for not bidding for a State contract or
who withholds a bid in consideration of the promise for the
payment of money or other valuable thing is guilty of a Class
4 felony.
Section 50-30. Revolving door prohibition. Chief
procurement officers, associate procurement officers, State
purchasing officers, their designees whose principal duties
are directly related to State procurement, and executive
officers confirmed by the Senate are expressly prohibited for
a period of 2 years after terminating an affected position
from engaging in any procurement activity relating to the
State agency most recently employing them in an affected
position for a period of at least 6 months. The prohibition
includes but is not limited to: lobbying the procurement
process; specifying; bidding; proposing bid, proposal, or
contract documents; on their own behalf or on behalf of any
firm, partnership, association, or corporation. This Section
applies only to persons who terminate an affected position on
or after January 15, 1999.
Section 50-35. Disclosure and potential conflicts of
interest.
(a) All offers from responsive bidders or offerors with
an annual value of more than $10,000 shall be accompanied by
disclosure of the financial interests of the contractor,
bidder, or proposer. The financial disclosure of each
successful bidder or offeror shall become part of the
publicly available contract or procurement file maintained by
the appropriate chief procurement officer.
(b) Disclosure by the responsive bidders or offerors
shall include any ownership or distributive income share that
is in excess of 5%, or an amount greater than 60% of the
annual salary of the Governor, of the bidding entity or its
parent entity, whichever is less, unless the contractor or
bidder is a publicly traded entity subject to Federal 10K
reporting, in which case it may submit its 10K disclosure in
place of the prescribed disclosure. The form of disclosure
shall be prescribed by the applicable chief procurement
officer and must include at least the names, addresses, and
dollar or proportionate share of ownership of each person
identified in this Section, their instrument of ownership or
beneficial relationship, and notice of any potential conflict
of interest resulting from the current ownership or
beneficial relationship of each person identified in this
Section having in addition any of the following
relationships:
(1) State employment, currently or in the previous
3 years, including contractual employment of services.
(2) State employment of spouse, father, mother,
son, or daughter, including contractual employment for
services in the previous 2 years.
(3) Elective status; the holding of elective office
of the State of Illinois, the government of the United
States, any unit of local government authorized by the
Constitution of the State of Illinois or the statutes of
the State of Illinois currently or in the previous 3
years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any
appointive government office of the State of Illinois,
the United States of America, or any unit of local
government authorized by the Constitution of the State of
Illinois or the statutes of the State of Illinois, which
office entitles the holder to compensation in excess of
expenses incurred in the discharge of that office
currently or in the previous 3 years.
(6) Relationship to anyone holding appointive
office currently or in the previous 2 years; spouse,
father, mother, son, or daughter.
(7) Employment, currently or in the previous 3
years, as or by any registered lobbyist of the State
government.
(8) Relationship to anyone who is or was a
registered lobbyist in the previous 2 years; spouse,
father, mother, son, or daughter.
(9) Compensated employment, currently or in the
previous 3 years, by any registered election or
re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or
any political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father,
mother, son, or daughter; who is or was a compensated
employee in the last 2 years of any registered election
or re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or
any political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the
chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) In the case of any contract for personal services in
excess of $50,000; any contract competitively bid in excess
of $250,000; any other contract in excess of $50,000; when a
potential for a conflict of interest is identified,
discovered, or reasonably suspected it shall be reviewed and
commented on in writing by the Governor of the State of
Illinois, or by an executive ethics board or commission he or
she might designate. The comment shall be returned to the
responsible chief procurement officer who must rule in
writing whether to void or allow the contract, bid, offer, or
proposal weighing the best interest of the State of Illinois.
The comment and determination shall become a publicly
available part of the contract, bid, or proposal file.
(e) These threshholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or proposal. The chief procurement
officer, the State purchasing officer, or their designees
shall be responsible for using any reasonably known and
publicly available information to discover any undisclosed
potential conflict of interest and act to protect the best
interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, proposal, or relationship
voidable by the chief procurement officer if he or she deems
it in the best interest of the State of Illinois and, at his
or her discretion, may be cause for barring from future
contracts, bids, proposals, or relationships with the State
for a period of up to 2 years.
(g) Intentional, willful, or material failure to
disclose shall render the contract, bid, proposal, or
relationship voidable by the chief procurement officer if he
or she deems it in the best interest of the State of Illinois
and shall result in debarment from future contracts, bids,
proposals, or relationships for a period of not less than 2
years and not more than 10 years. Reinstatement after 2
years and before 10 years must be reviewed and commented on
in writing by the Governor of the State of Illinois, or by an
executive ethics board or commission he or she might
designate. The comment shall be returned to the responsible
chief procurement officer who must rule in writing whether
and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, proposals, leases, or other
ongoing procurement relationships the bidding, proposing, or
offering entity has with any other unit of State government
and shall clearly identify the unit and the contract,
proposal, lease, or other relationship.
Section 50-40. Reporting anticompetitive practices.
When, for any reason, any vendor, bidder, contractor, chief
procurement officer, State purchasing officer, designee,
elected official, or State employee suspects collusion or
other anticompetitive practice among any bidders, offerors,
contractors, proposers, or employees of the State, a notice
of the relevant facts shall be transmitted to the Attorney
General and the chief procurement officer.
Section 50-45. Confidentiality. Any chief procurement
officer, State purchasing officer, designee, or executive
officer who willfully uses or allows the use of
specifications, competitive bid documents, proprietary
competitive information, proposals, contracts, or selection
information to compromise the fairness or integrity of the
procurement, bidding, or contract process shall be subject to
immediate dismissal, regardless of the Personnel Code, any
contract, or any collective bargaining agreement, and may in
addition be subject to criminal prosecution.
Section 50-50. Insider information. It is unlawful for
any current or former elected or appointed State official or
State employee to knowingly use confidential information
available only by virtue of that office or employment for
actual or anticipated gain for themselves or another person.
Section 50-55. Supply inventory. Every State agency
shall inventory or stock no more than a 12-month need of
equipment, supplies, commodities, articles, and other items,
except as otherwise authorized by the State agency's
regulations. Every State agency shall periodically review
its inventory to ensure compliance with this Section. If,
upon review, an agency determines it has more than a 12-month
supply of any equipment, supplies, commodities, or other
items, the agency shall undertake transfers of the
oversupplied items or other action necessary to maintain
compliance with this Section. This Section shall not apply
to lifesaving medications, mechanical spare parts, and items
for which the supplier requires a minimum order stipulation.
Section 50-60. Voidable contracts. If any contract is
entered into or purchase or expenditure of funds is made in
violation of this Code or any other law, the contract may be
declared void by the chief procurement officer or may be
ratified and affirmed, provided the chief procurement officer
determines that ratification is in the best interests of the
State. If the contract is ratified and affirmed, it shall be
without prejudice to the State's rights to any appropriate
damages.
Section 50-65. Contractor suspension. Any contractor
may be suspended for violation of this Code or for failure to
conform to specifications or terms of delivery. Suspension
shall be for cause and may be for a period of up to 5 years
at the discretion of the applicable chief procurement
officer. Contractors may be debarred in accordance with rules
promulgated by the chief procurement officer or as otherwise
provided by law.
Section 50-70. Additional provisions. This Code is
subject to applicable provisions of the following Acts:
(1) Article 33E of the Criminal Code of 1961;
(2) the Illinois Human Rights Act;
(3) the Discriminatory Club Act;
(4) the Illinois Governmental Ethics Act;
(5) the State Prompt Payment Act;
(6) the Public Officer Prohibited Activities Act;
and
(7) the Drug Free Workplace Act.
Section 50-75. Other violations.
(a) Any chief procurement officer, State purchasing
officer, or designee who willfully violates or allows the
violation of this Code shall be subject to immediate
dismissal, regardless of the Personnel Code, any contract, or
any collective bargaining agreement.
(b) Except as otherwise provided in this Code, whoever
violates this Code or the rules promulgated under it is
guilty of a Class A misdemeanor.
ARTICLE 53
CONCESSIONS
Section 53-10. Concessions and leases of State property.
(a) Except for property under the jurisdiction of a
public institution of higher education, concessions,
including the assignment, license, sale, or transfer of
interests in or rights to discoveries, inventions, patents,
or copyrightable works, may be entered into by the State
agency with jurisdiction over the property, whether tangible
or intangible.
(b) Except for property under the jurisdiction of a
public institution of higher education, all concessions shall
be reduced to writing and shall be awarded under the
provisions of Article 20, except that the contract shall be
awarded to the highest and best bidder or offeror.
Section 53-20. Contract duration and terms. Except for
property under the jurisdiction of a public institution of
higher education, the duration and terms of concessions and
leases of State property shall be in accordance with this
Code or other applicable law.
Section 53-25. Public institutions of higher education.
Each public institution of higher education may enter into
concessions, including the assignment, license, sale, or
transfer of interests in or rights to discoveries,
inventions, patents, or copyrightable works, for property,
whether tangible or intangible, over which it has
jurisdiction. Concessions shall be reduced to writing and
shall be awarded at the discretion of the institution with
jurisdiction over the property. The duration and terms of
concessions and leases shall be at the discretion of the
institution with jurisdiction over the property. Notice of
the award of a concession shall be published in the higher
education volume of the Illinois Procurement Bulletin.
ARTICLE 55
MISCELLANEOUS PROVISIONS
Section 55-5. References to repealed provisions. After
the effective date of this Act, all references to the
provisions of law repealed by this Act shall be construed,
where necessary and appropriate, as references to the
Illinois Procurement Code.
Section 55-10. Exclusive exercise of powers. On and
after 120 days following the effective date of this Act, the
powers granted under this Code shall be exercised exclusively
as granted under this Code, and no State agency may
concurrently exercise any such power, unless specifically
authorized otherwise by a later enacted law. This Code is
not intended to impair any contract entered into before the
effective date of this Act.
Section 55-15. Severability. If any provision of this
Code or any application of it to any person or circumstance
is held invalid, that invalidity shall not affect other
provisions or applications of this Code that can be given
effect without the invalid provision or application, and to
this end the provisions of this Code are declared to be
severable.
ARTICLE 95
AMENDATORY AND REPEALING PROVISIONS
Section 95-5. The Governmental Joint Purchasing Act is
amended by changing Section 3 as follows:
(30 ILCS 525/3) (from Ch. 85, par. 1603)
Sec. 3. Any agreement of the governmental units which
desire to make joint purchases, one of the governmental units
shall conduct the letting of bids. Where the State of
Illinois is a party to the joint purchase agreement, the
Department of Central Management Services shall conduct the
letting of bids. Expenses of such bid-letting may be shared
by the participating governmental units in proportion to the
amount of personal property, supplies or services each unit
purchases.
When the State of Illinois is a party to the joint
purchase agreement, the acceptance of bids shall be in
accordance with the Illinois Procurement Code and rules
promulgated under that Code. When the State of Illinois is
not a party to the joint purchase agreement, the acceptance
of bids shall be governed by the agreement.
The personal property, supplies or services involved
shall be distributed or rendered directly to each
governmental unit taking part in the purchase. The person
selling the personal property, supplies or services may bill
each governmental unit separately for its proportionate share
of the cost of the personal property, supplies or services
purchased.
The credit or liability of each governmental unit shall
remain separate and distinct. Disputes between bidders and
governmental units shall be resolved between the immediate
parties.
(Source: P.A. 87-860.)
(15 ILCS 405/11 rep.)
(15 ILCS 405/15 rep.)
Section 95-10. The State Comptroller Act is amended by
repealing Sections 11 and 15.
(20 ILCS 5/29 rep.)
(20 ILCS 5/30 rep.)
(20 ILCS 405/35.7b rep.)
(20 ILCS 405/67.01 rep.)
(20 ILCS 405/67.04 rep.)
Section 95-15. The Civil Administrative Code of Illinois
is amended by repealing Sections 29, 30, 35.7b, 67.01, and
67.04.
Section 95-17. The Personnel Code is amended by adding
Section 25 as follows:
(20 ILCS 415/25 new)
Sec. 25. Illinois Procurement Code. This Code is
subject to the disciplinary and penalty provisions of the
Illinois Procurement Code.
(20 ILCS 1015/13 rep.)
Section 95-20. The Public Employment Office Act is
amended by repealing Section 13.
Section 95-22. The General Assembly Operations Act is
amended by adding Section 10 as follows:
(25 ILCS 10/10 new)
Sec. 10. General Assembly printing; session laws.
(a) Authority. Public printing for the use of either
House of the General Assembly shall be subject to its
control.
(b) Time of delivery. Daily calendars, journals, and
other similar printing for which manuscript or copy is
delivered to the Legislative Printing Unit by the clerical
officer of either House shall be printed so as to permit
delivery at any reasonable time required by the clerical
officer. Any petition, bill, resolution, joint resolution,
memorial, and similar manuscript or copy delivered to the
Legislative Printing Unit by the clerical officer of either
House shall be printed at any reasonable time required by
that officer.
(c) Style. The manner, form, style, size, and
arrangement of type used in printing the bills, resolutions,
amendments, conference reports, and journals, including daily
journals, of the General Assembly shall be as provided in the
Rules of the General Assembly.
(d) Daily journal. The Clerk of the House of
Representatives and the Secretary of the Senate shall each
prepare and deliver to the Legislative Printing Unit,
immediately after the close of each daily session, a
printer's copy of the daily journal for their respective
House.
(e) Daily and bound journals.
(1) Subscriptions. The Legislative Printing Unit
shall have printed the number of copies of the daily
journal as may be requested by the clerical officer of
each House. The Secretary of the Senate and the Clerk of
the House of Representatives shall furnish a copy of each
daily journal of their respective House to those persons
who apply therefor upon payment of a reasonable
subscription fee established separately by the Secretary
of the Senate and the Clerk of the House for their
respective House. Each subscriber shall specify at the
time he or she subscribes the address where he or she
wishes the journals mailed. The daily journals shall be
furnished free of charge on a pickup basis to State
offices and to the public as long as the supply lasts.
The Secretary of the Senate and the Clerk of the House
shall determine the number of journals available for
pickup at their respective offices.
(2) Other copies. After the General Assembly
adjourns, the Clerk of the House and the Secretary of the
Senate shall prepare and deliver to the Legislative
Printing Unit a printer's copy of matter for the regular
House and Senate journals, together with any matter, not
previously printed in the daily journals, that is
required by law, by order of either House, or by joint
resolution to be printed in the journals. The
Legislative Printing Unit shall have printed the number
of copies of the bound journal as may be requested by the
clerical officer of each House. A reasonable number of
bound volumes of the journal of each House of the General
Assembly shall be provided to State and local officers,
boards, commissions, institutions, departments, agencies,
and libraries requesting them through canvasses conducted
separately by the Secretary of the Senate and the Clerk
of the House. Reasonable fees established separately by
the Secretary of the Senate and the Clerk of the House
may be charged for bound volumes of the journal of each
House of the General Assembly.
(f) Session laws. Immediately after the General Assembly
adjourns, the Secretary of State shall prepare a printer's
copy for the "Session Laws of Illinois" that shall set forth
in full all Acts and joint resolutions passed by the General
Assembly at the session just concluded and all executive
orders of the Governor taking effect under Article V, Section
11 of the Constitution and the Executive Reorganization
Implementation Act. The printer's copy shall be furnished
and delivered to the Secretary of State by the Enrolling and
Engrossing Department of the 2 Houses. At the time an
enrolled law is filed with the Secretary of State, whether
before or after the conclusion of the session in which it was
passed, it shall be assigned a Public Act number, the first
part of which shall be the number of the General Assembly
followed by a dash and then a number showing the order in
which that law was filed with the Secretary of State. The
title page of each volume of the session laws shall contain
the following: "Printed by the authority of the General
Assembly of the State of Illinois". The laws shall be
arranged by the Secretary of State and printed in the
chronological order of Public Act numbers. At the end of
each Act the dates when the Act was passed by the General
Assembly and when the Act was approved by the Governor shall
be stated. Any Act becoming law without the approval of the
Governor shall be marked at its end in the session laws by
the printed certificate of the Secretary of State. Executive
orders taking effect under Article V, Section 11 of the
Constitution and the Executive Reorganization Implementation
Act shall be printed in chronological order of executive
order number and shall state at the end of each executive
order the date it was transmitted to the General Assembly and
the date it takes effect. In the case of an amendatory Act,
the changes made by the amendatory Act shall be indicated in
the session laws in the following manner: (i) all new matter
shall be underscored; and (ii) all matter deleted by the
amendatory Act shall be shown crossed with a line. The
Secretary of State shall prepare and furnish a table of
contents and an index to each volume of the session laws.
(g) Distribution. The bound volumes of the session laws
of the General Assembly shall be made available to the
following:
(1) one copy of each to each State officer, board,
commission, institution, and department requesting a copy
in accordance with a canvass conducted by the Secretary
of State before the printing of the session laws except
judges of the appellate courts and judges and associate
judges of the circuit courts;
(2) 10 copies to the law library of the Supreme
Court; one copy each to the law libraries of the
appellate courts; and one copy to each of the county law
libraries or, in those counties without county law
libraries, one copy to the clerk of the circuit court;
(3) one copy of each to each county clerk;
(4) 10 copies of each to the library of the
University of Illinois;
(5) 3 copies of each to the libraries of the
University of Illinois at Chicago, Southern Illinois
University at Carbondale, Southern Illinois University at
Edwardsville, Northern Illinois University, Western
Illinois University, Eastern Illinois University,
Illinois State University, Chicago State University,
Northeastern Illinois University, Chicago Kent College of
Law, DePaul University, John Marshall Law School, Loyola
University, Northwestern University, Roosevelt
University, and the University of Chicago;
(6) a number of copies sufficient for exchange
purposes to the Legislative Reference Bureau and the
University of Illinois College of Law Library;
(7) a number of copies sufficient for public
libraries in the State to the State Library; and
(8) the remainder shall be retained for
distribution as the interests of the State may require to
persons making application in writing or in person for
the publication.
(h) Messages and reports. The following shall be
printed in a quantity not to exceed the maximum stated in
this subsection and bound and distributed at public expense:
(1) messages to the General Assembly by the
Governor, 10,000 copies;
(2) the biennial report of the Lieutenant Governor,
1,000 copies;
(3) the biennial report of the Secretary of State,
3,000 copies;
(4) the biennial report of the State Comptroller,
5,000 copies;
(5) the biennial report of the State Treasurer,
3,000 copies;
(6) the annual report of the State Board of
Education, 6,000 copies; and
(7) the biennial report and annual opinions of the
Attorney General, 5,000 copies.
The reports of all other State officers, boards,
commissions, institutions, and departments shall be printed,
bound, and distributed at public expense in a number of
copies determined from previous experience not to exceed the
probable and reasonable demands of the State therefor. Any
other report required by law to be made to the Governor
shall, upon his or her order, be printed in the quantity
ordered by the Governor, bound and distributed at public
expense.
(30 ILCS 505/Act rep.)
Section 95-25. The Illinois Purchasing Act is repealed.
(30 ILCS 510/Act rep.)
Section 95-30. The State Paper Purchasing Act is
repealed.
Section 95-35. The State Printing Contracts Act is
amended by adding Section 44 as follows:
(30 ILCS 515/44 new)
Sec. 44. Repeal. This Act is repealed on May 1, 1998.
(30 ILCS 563/Act rep.)
Section 95-37. The Real Estate Leasing Act is repealed.
(30 ILCS 615/Act rep.)
Section 95-40. The State Vehicle Mileage Act is
repealed.
ARTICLE 99
EFFECTIVE DATE
Section 99-5. Effective date and transition. This
Article, Sections 1-15 through 1-15.115 of Article 1, and
Article 50 take effect upon becoming law. Articles 1 through
45 and 53 through 95 take effect January 1, 1998, solely for
the purpose of allowing the promulgation of rules to
implement the Illinois Procurement Code. The Procurement
Policy Board established in Article 5 may be appointed as of
January 1, 1998, and until July 1, 1998, shall act only to
review proposed purchasing rules. Articles 1 through 45 and
53 through 95 for all other purposes take effect on July 1,
1998.