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Public Act 91-0627
SB876 Enrolled LRB9105732MWpr
AN ACT to amend the Illinois Procurement Code by changing
Sections 1-10 and 20-50.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Sections 1-10 and 20-50 as follows:
(30 ILCS 500/1-10)
Sec. 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.
(8) contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience,
and technical ability and is selected by negotiation for
the purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-50)
Sec. 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.
A solicitation or specification for a contract or a
contract, including a contract of a college, university, or
institution under the jurisdiction of a governing board
listed in Section 1-15.100, may not require, stipulate,
suggest, or encourage a monetary or other financial
contribution or donation as an explicit or implied term or
condition for awarding or completing the contract. The
contract, solicitation, or specification also may not include
a requirement that an individual or individuals employed by
such a college, university, or institution receive a
consulting contract for professional services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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