100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3689

 

Introduced , by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Procurement Code. Expands what public-private agreements are exempt from the Code, and exempts leasing of clinical space and certain funds for collaborative clinical and academic programs from the Code. Re-enacts provisions of the Code concerning the applicability of the Code to artistic or musical services and to public institutions of higher education. Provides that the Executive Ethics Commission may (rather than shall) appoint procurement compliance monitors for certain terms. Makes changes to requirements for competitive sealed bidding and competitive sealed proposals. Increases the small purchase threshold and certain other thresholds to $100,000. Requires contractors to be authorized to conduct business in Illinois at the time of contract execution (rather than at time of proposal or bid). Sets forth requirements for best value procurement. Includes public institutions of higher education in provisions concerning design-build contracts. In provisions concerning preferences for high-gas mileage vehicles, allows an exemption for vehicles based on intended use or other reasonable considerations, such as the health and safety of citizens. Repeals a provisions concerning the use of soybean oil-based inks. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3689LRB100 11251 MLM 21583 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5re-enacting Sections 1-12 and 1-13, by changing Sections 1-10,
61-15.20, 1-15.93, 1-15.107, 5-30, 10-15, 20-10, 20-15, 20-20,
720-43, 20-80, 20-160, 30-30, 35-30, 35-35, and 45-40 and by
8adding Sections 1-12.1, 1-13.1, 1-15.47, 1-15.48, and 25-85 as
9follows:
 
10    (30 ILCS 500/1-10)
11    Sec. 1-10. Application.
12    (a) This Code applies only to procurements for which
13bidders, offerors, potential contractors, or contractors were
14first solicited on or after July 1, 1998. This Code shall not
15be construed to affect or impair any contract, or any provision
16of a contract, entered into based on a solicitation prior to
17the implementation date of this Code as described in Article
1899, including but not limited to any covenant entered into with
19respect to any revenue bonds or similar instruments. All
20procurements for which contracts are solicited between the
21effective date of Articles 50 and 99 and July 1, 1998 shall be
22substantially in accordance with this Code and its intent.
23    (b) This Code shall apply regardless of the source of the

 

 

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1funds with which the contracts are paid, including federal
2assistance moneys. This Code shall not apply to:
3        (1) Contracts between the State and its political
4    subdivisions or other governments, or between State
5    governmental bodies except as specifically provided in
6    this Code.
7        (2) Grants, except for the filing requirements of
8    Section 20-80.
9        (3) Purchase of care.
10        (4) Hiring of an individual as employee and not as an
11    independent contractor, whether pursuant to an employment
12    code or policy or by contract directly with that
13    individual.
14        (5) Collective bargaining contracts.
15        (6) Purchase of real estate, except that notice of this
16    type of contract with a value of more than $25,000 must be
17    published in the Procurement Bulletin within 10 calendar
18    days after the deed is recorded in the county of
19    jurisdiction. The notice shall identify the real estate
20    purchased, the names of all parties to the contract, the
21    value of the contract, and the effective date of the
22    contract.
23        (7) Contracts necessary to prepare for anticipated
24    litigation, enforcement actions, or investigations,
25    provided that the chief legal counsel to the Governor shall
26    give his or her prior approval when the procuring agency is

 

 

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1    one subject to the jurisdiction of the Governor, and
2    provided that the chief legal counsel of any other
3    procuring entity subject to this Code shall give his or her
4    prior approval when the procuring entity is not one subject
5    to the jurisdiction of the Governor.
6        (8) Contracts for services to Northern Illinois
7    University by a person, acting as an independent
8    contractor, who is qualified by education, experience, and
9    technical ability and is selected by negotiation for the
10    purpose of providing non-credit educational service
11    activities or products by means of specialized programs
12    offered by the university.
13        (9) Procurement expenditures by the Illinois
14    Conservation Foundation when only private funds are used.
15        (10) Procurement expenditures by the Illinois Health
16    Information Exchange Authority involving private funds
17    from the Health Information Exchange Fund. "Private funds"
18    means gifts, donations, and private grants.
19        (11) Public-private agreements entered into in
20    accordance with any law of this State according to the
21    procurement requirements of Section 20 of the
22    Public-Private Partnerships for Transportation Act and
23    design-build agreements entered into according to the
24    procurement requirements of Section 25 of the
25    Public-Private Partnerships for Transportation Act.
26        (12) Contracts for legal, financial, and other

 

 

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1    professional and artistic services entered into on or
2    before December 31, 2018 by the Illinois Finance Authority
3    in which the State of Illinois is not obligated. Such
4    contracts shall be awarded through a competitive process
5    authorized by the Board of the Illinois Finance Authority
6    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
7    50-35, and 50-37 of this Code, as well as the final
8    approval by the Board of the Illinois Finance Authority of
9    the terms of the contract.
10        (13) The provisions of this paragraph (13), other than
11    this sentence, are inoperative on and after January 1, 2019
12    or 2 years after the effective date of this amendatory Act
13    of the 99th General Assembly, whichever is later. Contracts
14    for services, commodities, and equipment to support the
15    delivery of timely forensic science services in
16    consultation with and subject to the approval of the Chief
17    Procurement Officer as provided in subsection (d) of
18    Section 5-4-3a of the Unified Code of Corrections, except
19    for the requirements of Sections 20-60, 20-65, 20-70, and
20    20-160 and Article 50 of this Code; however, the Chief
21    Procurement Officer may, in writing with justification,
22    waive any certification required under Article 50 of this
23    Code. For any contracts for services which are currently
24    provided by members of a collective bargaining agreement,
25    the applicable terms of the collective bargaining
26    agreement concerning subcontracting shall be followed.

 

 

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1    Notwithstanding any other provision of law, contracts
2entered into under item (12) of this subsection (b) shall be
3published in the Procurement Bulletin within 14 calendar days
4after contract execution. The chief procurement officer shall
5prescribe the form and content of the notice. The Illinois
6Finance Authority shall provide the chief procurement officer,
7on a monthly basis, in the form and content prescribed by the
8chief procurement officer, a report of contracts that are
9related to the procurement of goods and services identified in
10item (12) of this subsection (b). At a minimum, this report
11shall include the name of the contractor, a description of the
12supply or service provided, the total amount of the contract,
13the term of the contract, and the exception to the Code
14utilized. A copy of each of these contracts shall be made
15available to the chief procurement officer immediately upon
16request. The chief procurement officer shall submit a report to
17the Governor and General Assembly no later than November 1 of
18each year that shall include, at a minimum, an annual summary
19of the monthly information reported to the chief procurement
20officer.
21    (c) This Code does not apply to the electric power
22procurement process provided for under Section 1-75 of the
23Illinois Power Agency Act and Section 16-111.5 of the Public
24Utilities Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related to
7the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220 of
10the Public Utilities Act, including calculating the range of
11capital costs, the range of operating and maintenance costs, or
12the sequestration costs or monitoring the construction of clean
13coal SNG brownfield facility for the full duration of
14construction.
15    (f) This Code does not apply to the process used by the
16Illinois Power Agency to retain a mediator to mediate sourcing
17agreement disputes between gas utilities and the clean coal SNG
18brownfield facility, as defined in Section 1-10 of the Illinois
19Power Agency Act, as required under subsection (h-1) of Section
209-220 of the Public Utilities Act.
21    (g) This Code does not apply to the processes used by the
22Illinois Power Agency to retain a mediator to mediate contract
23disputes between gas utilities and the clean coal SNG facility
24and to retain an expert to assist in the review of contracts
25under subsection (h) of Section 9-220 of the Public Utilities
26Act. This Code does not apply to the process used by the

 

 

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1Illinois Commerce Commission to retain an expert to assist in
2determining the actual incurred costs of the clean coal SNG
3facility and the reasonableness of those costs as required
4under subsection (h) of Section 9-220 of the Public Utilities
5Act.
6    (h) This Code does not apply to the process to procure or
7contracts entered into in accordance with Sections 11-5.2 and
811-5.3 of the Illinois Public Aid Code.
9    (i) Each chief procurement officer may access records
10necessary to review whether a contract, purchase, or other
11expenditure is or is not subject to the provisions of this
12Code, unless such records would be subject to attorney-client
13privilege.
14    (j) This Code does not apply to the process used by the
15Capital Development Board to retain an artist or work or works
16of art as required in Section 14 of the Capital Development
17Board Act.
18    (k) This Code does not apply to the process to procure
19contracts, or contracts entered into, by the State Board of
20Elections or the State Electoral Board for hearing officers
21appointed pursuant to the Election Code.
22    (l) This Code does not apply to leases of clinical space by
23public institutions of higher education for uses related
24scientific and medical research.
25    (m) This Code does not apply to services required by
26academic partners of public institutions of higher education

 

 

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1where funds for services are required by the academic partners
2in order to fund collaborative clinical and academic programs
3in support of the public institution of higher education.
4(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
598-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
61-1-15; 99-801, eff. 1-1-17.)
 
7    (30 ILCS 500/1-12)
8    (Section scheduled to be repealed on December 31, 2016)
9    Sec. 1-12. Applicability to artistic or musical services.
10    (a) This Code shall not apply to procurement expenditures
11necessary to provide artistic or musical services,
12performances, or theatrical productions held at a venue
13operated or leased by a State agency.
14    (b) Notice of each contract entered into by a State agency
15that is related to the procurement of goods and services
16identified in this Section shall be published in the Illinois
17Procurement Bulletin within 14 calendar days after contract
18execution. The chief procurement officer shall prescribe the
19form and content of the notice. Each State agency shall provide
20the chief procurement officer, on a monthly basis, in the form
21and content prescribed by the chief procurement officer, a
22report of contracts that are related to the procurement of
23goods and services identified in this Section. At a minimum,
24this report shall include the name of the contractor, a
25description of the supply or service provided, the total amount

 

 

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1of the contract, the term of the contract, and the exception to
2the Code utilized. A copy of any or all of these contracts
3shall be made available to the chief procurement officer
4immediately upon request. The chief procurement officer shall
5submit a report to the Governor and General Assembly no later
6than November 1 of each year that shall include, at a minimum,
7an annual summary of the monthly information reported to the
8chief procurement officer.
9    (c) (Blank). This Section is repealed December 31, 2016.
10(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
11    (30 ILCS 500/1-12.1 new)
12    Sec. 1-12.1. Continuation of Section 1-12 of this Code;
13validation.
14    (a) The General Assembly finds and declares that:
15        (1) This amendatory Act of the 100th General Assembly
16    manifests the intention of the General Assembly to remove
17    the repeal of Section 1-12 of this Code.
18        (2) Section 1-12 of this Code was originally enacted to
19    protect, promote, and preserve the general welfare. Any
20    construction of Section 1-12 of this Code that results in
21    the repeal of that Section on December 31, 2016 would be
22    inconsistent with the manifest intent of the General
23    Assembly and repugnant to the context of this Code.
24    (b) It is hereby declared to have been the intent of the
25General Assembly that Section 1-12 of this Code not be subject

 

 

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1to repeal on December 31, 2016.
2    (c) Section 1-12 of this Code shall be deemed to have been
3in continuous effect since August 3, 2012 (the effective date
4of Public Act 97-895), and it shall continue to be in effect
5henceforward until it is otherwise lawfully repealed. All
6previously enacted amendments to Section 1-12 of this Code
7taking effect on or after December 31, 2016, are hereby
8validated.
9    (d) All actions taken in reliance on or pursuant to Section
101-12 of this Code in the procurement of artistic or musical
11services are hereby validated.
12    (e) In order to ensure the continuing effectiveness of
13Section 1-12 of this Code, it is set forth in full and
14re-enacted by this amendatory Act of the 100th General
15Assembly. This re-enactment is intended as a continuation of
16that Section. It is not intended to supersede any amendment to
17that Section that is enacted by the 100th General Assembly.
18    (f) In this amendatory Act of the 100th General Assembly,
19the base text of the reenacted Section is set forth as amended
20by Public Act 98-1076. Striking and underscoring is used only
21to show changes being made to the base text.
22    (g) Section 1-12 of this Code applies to all procurements
23made on or before the effective date of this amendatory Act of
24the 100th General Assembly.
 
25    (30 ILCS 500/1-13)

 

 

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1    (Section scheduled to be repealed on December 31, 2016)
2    Sec. 1-13. Applicability to public institutions of higher
3education.
4    (a) This Code shall apply to public institutions of higher
5education, regardless of the source of the funds with which
6contracts are paid, except as provided in this Section.
7    (b) Except as provided in this Section, this Code shall not
8apply to procurements made by or on behalf of public
9institutions of higher education for any of the following:
10        (1) Memberships in professional, academic, research,
11    or athletic organizations on behalf of a public institution
12    of higher education, an employee of a public institution of
13    higher education, or a student at a public institution of
14    higher education.
15        (2) Procurement expenditures for events or activities
16    paid for exclusively by revenues generated by the event or
17    activity, gifts or donations for the event or activity,
18    private grants, or any combination thereof.
19        (3) Procurement expenditures for events or activities
20    for which the use of specific potential contractors is
21    mandated or identified by the sponsor of the event or
22    activity, provided that the sponsor is providing a majority
23    of the funding for the event or activity.
24        (4) Procurement expenditures necessary to provide
25    athletic, artistic or musical services, performances,
26    events, or productions held at a venue operated by or for a

 

 

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1    public institution of higher education.
2        (5) Procurement expenditures for periodicals and
3    books, subscriptions, database licenses, and other
4    publications procured for use by a university library or
5    academic department, except for expenditures related to
6    procuring textbooks for student use or materials for resale
7    or rental.
8        (6) Procurement expenditures for placement of students
9    in externships, practicums, field experiences, and for
10    medical residencies and rotations.
11        (7) Contracts for programming and broadcast license
12    rights for university-operated radio and television
13    stations.
14        (8) Procurement expenditures necessary to perform
15    sponsored research and other sponsored activities under
16    grants and contracts funded by the sponsor or by sources
17    other than State appropriations.
18        (9) Contracts with a foreign entity for research or
19    educational activities, provided that the foreign entity
20    either does not maintain an office in the United States or
21    is the sole source of the service or product.
22        (10) Procurement of food items for commercial resale on
23    the campus of or at a facility controlled by an institution
24    of higher education.
25Notice of each contract entered into by a public institution of
26higher education that is related to the procurement of goods

 

 

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1and services identified in items (1) through (10) (7) of this
2subsection shall be published in the Procurement Bulletin
3within 14 calendar days after contract execution. The Chief
4Procurement Officer shall prescribe the form and content of the
5notice. Each public institution of higher education shall
6provide the Chief Procurement Officer, on a monthly basis, in
7the form and content prescribed by the Chief Procurement
8Officer, a report of contracts that are related to the
9procurement of goods and services identified in this
10subsection. At a minimum, this report shall include the name of
11the contractor, a description of the supply or service
12provided, the total amount of the contract, the term of the
13contract, and the exception to the Code utilized. A copy of any
14or all of these contracts shall be made available to the Chief
15Procurement Officer immediately upon request. The Chief
16Procurement Officer shall submit a report to the Governor and
17General Assembly no later than November 1 of each year that
18shall include, at a minimum, an annual summary of the monthly
19information reported to the Chief Procurement Officer.
20    (b-5) Except as provided in this subsection, the provisions
21of this Code shall not apply to contracts for medical
22FDA-regulated supplies, and to contracts for medical services
23necessary for the delivery of care and treatment at medical,
24dental, or veterinary teaching facilities utilized by Southern
25Illinois University or the University of Illinois and at any
26university-operated health care center or dispensary that

 

 

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1provides care, treatment, and medications for students,
2faculty and staff. Other supplies and services needed for these
3teaching facilities shall be subject to the jurisdiction of the
4Chief Procurement Officer for Public Institutions of Higher
5Education who may establish expedited procurement procedures
6and may waive or modify certification, contract, hearing,
7process and registration requirements required by the Code. All
8procurements made under this subsection shall be documented and
9may require publication in the Illinois Procurement Bulletin.
10    (c) Procurements made by or on behalf of public
11institutions of higher education for any of the following shall
12be made in accordance with the requirements of this Code to the
13extent practical as provided in this subsection:
14        (1) Contracts with a foreign entity necessary for
15    research or educational activities, provided that the
16    foreign entity either does not maintain an office in the
17    United States or is the sole source of the service or
18    product.
19        (2) (Blank).
20        (3) (Blank).
21        (4) Procurements required for fulfillment of a grant.
22    Upon the written request of a public institution of higher
23education, the Chief Procurement Officer may waive
24registration, certification, and hearing requirements of this
25Code if, based on the item to be procured or the terms of a
26grant, compliance is impractical. The public institution of

 

 

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1higher education shall provide the Chief Procurement Officer
2with specific reasons for the waiver, including the necessity
3of contracting with a particular potential contractor, and
4shall certify that an effort was made in good faith to comply
5with the provisions of this Code. The Chief Procurement Officer
6shall provide written justification for any waivers. By
7November 1 of each year, the Chief Procurement Officer shall
8file a report with the General Assembly identifying each
9contract approved with waivers and providing the justification
10given for any waivers for each of those contracts. Notice of
11each waiver made under this subsection shall be published in
12the Procurement Bulletin within 14 calendar days after contract
13execution. The Chief Procurement Officer shall prescribe the
14form and content of the notice.
15    (d) Notwithstanding this Section, a waiver of the
16registration requirements of Section 20-160 does not permit a
17business entity and any affiliated entities or affiliated
18persons to make campaign contributions if otherwise prohibited
19by Section 50-37. The total amount of contracts awarded in
20accordance with this Section shall be included in determining
21the aggregate amount of contracts or pending bids of a business
22entity and any affiliated entities or affiliated persons.
23    (e) Notwithstanding subsection (e) of Section 50-10.5 of
24this Code, the Chief Procurement Officer, with the approval of
25the Executive Ethics Commission, may permit a public
26institution of higher education to accept a bid or enter into a

 

 

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1contract with a business that assisted the public institution
2of higher education in determining whether there is a need for
3a contract or assisted in reviewing, drafting, or preparing
4documents related to a bid or contract, provided that the bid
5or contract is essential to research administered by the public
6institution of higher education and it is in the best interest
7of the public institution of higher education to accept the bid
8or contract. For purposes of this subsection, "business"
9includes all individuals with whom a business is affiliated,
10including, but not limited to, any officer, agent, employee,
11consultant, independent contractor, director, partner,
12manager, or shareholder of a business. The Executive Ethics
13Commission may promulgate rules and regulations for the
14implementation and administration of the provisions of this
15subsection (e).
16    (f) As used in this Section:
17    "Grant" means non-appropriated funding provided by a
18federal or private entity to support a project or program
19administered by a public institution of higher education and
20any non-appropriated funding provided to a sub-recipient of the
21grant.
22    "Public institution of higher education" means Chicago
23State University, Eastern Illinois University, Governors State
24University, Illinois State University, Northeastern Illinois
25University, Northern Illinois University, Southern Illinois
26University, University of Illinois, Western Illinois

 

 

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1University, and, for purposes of this Code only, the Illinois
2Mathematics and Science Academy.
3    (g) (Blank). This Section is repealed on December 31, 2016.
4(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
598-1076, eff. 1-1-15.)
 
6    (30 ILCS 500/1-13.1 new)
7    Sec. 1-13.1. Continuation of Section 1-13 of this Code;
8validation.
9    (a) The General Assembly finds and declares that:
10        (1) Public Act 98-1076, which took effect on January 1,
11    2015, changed the repeal date set for Section 1-13 of this
12    Code from December 31, 2014 to December 31, 2016.
13        (2) The Statute on Statutes sets forth general rules on
14    the repeal of statutes and the construction of multiple
15    amendments, but Section 1 of that Act also states that
16    these rules will not be observed when the result would be
17    "inconsistent with the manifest intent of the General
18    Assembly or repugnant to the context of the statute".
19        (3) This amendatory Act of the 100th General Assembly
20    manifests the intention of the General Assembly to remove
21    the repeal of Section 1-13 of this Code.
22        (4) Section 1-13 of this Code was originally enacted to
23    protect, promote, and preserve the general welfare. Any
24    construction of Section 1-13 of this Code that results in
25    the repeal of that Section on December 31, 2014 would be

 

 

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1    inconsistent with the manifest intent of the General
2    Assembly and repugnant to the context of this Code.
3    (b) It is hereby declared to have been the intent of the
4General Assembly that Section 1-13 of this Code not be subject
5to repeal on December 31, 2014.
6    (c) Section 1-13 of this Code shall be deemed to have been
7in continuous effect since December 20, 2011 (the effective
8date of Public Act 97-643), and it shall continue to be in
9effect henceforward until it is otherwise lawfully repealed.
10All previously enacted amendments to Section 1-13 of this Code
11taking effect on or after December 31, 2014, are hereby
12validated.
13    (d) All actions taken in reliance on or pursuant to Section
141-13 of this Code by any public institution of higher
15education, person, or entity are hereby validated.
16    (e) In order to ensure the continuing effectiveness of
17Section 1-13 of this Code, it is set forth in full and
18re-enacted by this amendatory Act of the 100th General
19Assembly. This re-enactment is intended as a continuation of
20that Section. It is not intended to supersede any amendment to
21that Section that is enacted by the 100th General Assembly.
22    (f) In this amendatory Act of the 100th General Assembly,
23the base text of the reenacted Section is set forth as amended
24by Public Act 98-1076. Striking and underscoring is used only
25to show changes being made to the base text. In this instance,
26no underscoring or striking is shown in the base text because

 

 

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1no additional changes are being made.
2    (g) Section 1-13 of this Code applies to all procurements
3made on or before the effective date of this amendatory Act of
4the 100th General Assembly.
 
5    (30 ILCS 500/1-15.20)
6    Sec. 1-15.20. Construction, and construction-related
7services, and construction support services. "Construction"
8means building, altering, repairing, improving, or demolishing
9any public structure or building, or making improvements of any
10kind to public real property. Construction does not include the
11routine operation, routine repair, or routine maintenance of
12existing structures, buildings, or real property.
13    "Construction-related services" means those services
14including construction design, layout, inspection, support,
15feasibility or location study, research, development,
16planning, or other investigative study undertaken by a
17construction agency concerning construction or potential
18construction.
19    "Construction support" means all equipment, supplies, and
20services that are necessary to the operation of a construction
21agency's construction program. "Construction support" does not
22include construction-related services.
23(Source: P.A. 90-572, eff. 2-6-98.)
 
24    (30 ILCS 500/1-15.47 new)

 

 

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1    Sec. 1-15.47. Master contract. "Master contract" means a
2definite quantity, indefinite quantity, or requirements
3contract awarded in accordance with this Code, against which
4subsequent orders may be placed to meet the needs of a State
5purchasing entity. A master contract may be for use by a single
6State purchasing entity or for multiple State purchasing
7entities and other entities as authorized under the
8Governmental Joint Purchasing Act.
 
9    (30 ILCS 500/1-15.48 new)
10    Sec. 1-15.48. Multiple award. "Multiple award" means an
11award that is made to 2 or more bidders or offerors for similar
12supplies, services, or construction-related services.
 
13    (30 ILCS 500/1-15.93)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 1-15.93. Single prime. "Single prime" means the
16design-bid-build procurement delivery method for a building
17construction project in which the Capital Development Board or
18a public institution of higher education is the construction
19agency procuring 2 or more subdivisions of work enumerated in
20paragraphs (1) through (5) of subsection (a) of Section 30-30
21of this Code under a single contract. This Section is repealed
22on January 1, 2020.
23(Source: P.A. 99-257, eff. 8-4-15.)
 

 

 

HB3689- 21 -LRB100 11251 MLM 21583 b

1    (30 ILCS 500/1-15.107)
2    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
3between a person and a person who has a contract subject to
4this Code, pursuant to which the subcontractor provides to the
5contractor, or, if the contract price exceeds $100,000 $50,000,
6another subcontractor, some or all of the goods, services, real
7property, remuneration, or other monetary forms of
8consideration that are the subject of the primary contract and
9includes, among other things, subleases from a lessee of a
10State agency. For purposes of this Code, a "subcontract" does
11not include purchases of goods or supplies that are incidental
12to the performance of a contract by a person who has a contract
13subject to this Code.
14(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
15    (30 ILCS 500/5-30)
16    Sec. 5-30. Proposed contracts; Procurement Policy Board.
17    (a) Except as provided in subsection (c), within 14 30
18calendar days after notice of the awarding or letting of a
19contract has appeared in the Procurement Bulletin in accordance
20with subsection (b) of Section 15-25, the Board may request in
21writing from the contracting agency and the contracting agency
22shall promptly, but in no event later than 7 calendar days
23after receipt of the request, provide to the Board, by
24electronic or other means satisfactory to the Board,
25documentation in the possession of the contracting agency

 

 

HB3689- 22 -LRB100 11251 MLM 21583 b

1concerning the proposed contract. Nothing in this subsection is
2intended to waive or abrogate any privilege or right of
3confidentiality authorized by law.
4    (b) No contract subject to this Section may be entered into
5until the 14-day 30-day period described in subsection (a) has
6expired, unless the contracting agency requests in writing that
7the Board waive the period and the Board grants the waiver in
8writing.
9    (c) This Section does not apply to (i) contracts entered
10into under this Code for small and emergency procurements as
11those procurements are defined in Article 20 and (ii) contracts
12for professional and artistic services that are nonrenewable,
13one year or less in duration, and have a value of less than
14$20,000. If requested in writing by the Board, however, the
15contracting agency must promptly, but in no event later than 10
16calendar days after receipt of the request, transmit to the
17Board a copy of the contract for an emergency procurement and
18documentation in the possession of the contracting agency
19concerning the contract.
20(Source: P.A. 98-1076, eff. 1-1-15.)
 
21    (30 ILCS 500/10-15)
22    Sec. 10-15. Procurement compliance monitors.
23    (a) The Executive Ethics Commission may shall appoint
24procurement compliance monitors to oversee and review the
25procurement processes. Each procurement compliance monitor

 

 

HB3689- 23 -LRB100 11251 MLM 21583 b

1shall serve a term of 5 years beginning on the date of the
2officer's appointment. Each procurement compliance monitor
3appointed pursuant to this Section and serving a 5-year term on
4the effective date of this amendatory Act of the 100th General
5Assembly shall have an office located in the State agency that
6the monitor serves but shall report to and serve at the
7discretion of a the appropriate chief procurement officer in
8the performance of procurement-related duties until the
9expiration of the monitor's term. The compliance monitor shall
10have direct communications with the executive officer of a
11State agency in exercising duties. A procurement compliance
12monitor may be removed only for cause after a hearing by the
13Executive Ethics Commission. The appropriate chief procurement
14officer or executive officer of the State agency housing the
15procurement compliance monitor may institute a complaint
16against the procurement compliance monitor with the Commission
17and the Commission shall hold a public hearing based on the
18complaint. The procurement compliance monitor, State
19purchasing officer, appropriate chief procurement officer, and
20executive officer of the State agency shall receive notice of
21the hearing and shall be permitted to present their respective
22arguments on the complaint. After the hearing, the Commission
23shall determine whether the procurement compliance monitor
24shall be removed. The salary of a procurement compliance
25monitor shall be established by the Executive Ethics Commission
26and may not be diminished during the officer's term.

 

 

HB3689- 24 -LRB100 11251 MLM 21583 b

1    (b) The procurement compliance monitor shall: (i) review
2any procurement, contract, or contract amendment as directed by
3the Executive Ethics Commission or a chief procurement officer;
4and (ii) report any findings of the review, in writing, to the
5Commission, the affected agency, the chief procurement officer
6responsible for the affected agency, and any entity requesting
7the review. The procurement compliance monitor may: (i) review
8each contract or contract amendment prior to execution to
9ensure that applicable procurement and contracting standards
10were followed; (ii) attend any procurement meetings; (iii)
11access any records or files related to procurement; (iv) issue
12reports to the chief procurement officer on procurement issues
13that present issues or that have not been corrected after
14consultation with appropriate State officials; (v) ensure the
15State agency is maintaining appropriate records; and (vi)
16ensure transparency of the procurement process.
17    (c) If the procurement compliance monitor is aware of
18misconduct, waste, or inefficiency with respect to State
19procurement, the procurement compliance monitor shall advise
20the State agency of the issue in writing. If the State agency
21does not correct the issue, the monitor shall report the
22problem, in writing, to the chief procurement officer and
23Inspector General.
24(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of changes made by P.A. 96-795); 97-895,
26eff. 8-3-12.)
 

 

 

HB3689- 25 -LRB100 11251 MLM 21583 b

1    (30 ILCS 500/20-10)
2    (Text of Section before amendment by P.A. 99-906)
3    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
4and 98-1076)
5    Sec. 20-10. Competitive sealed bidding; reverse auction.
6    (a) Conditions for use. All contracts shall be awarded by
7competitive sealed bidding except as otherwise provided in
8Section 20-5.
9    (b) Invitation for bids. An invitation for bids shall be
10issued and shall include a purchase description and the
11material contractual terms and conditions applicable to the
12procurement.
13    (c) Public notice. Public notice of the invitation for bids
14shall be published in the Illinois Procurement Bulletin at
15least 14 calendar days before the date set in the invitation
16for the opening of bids.
17    (d) Bid opening. Bids shall be opened publicly in the
18presence of one or more witnesses at the time and place
19designated in the invitation for bids. The name of each bidder,
20the amount of each bid, and other relevant information as may
21be specified by rule shall be recorded. After the award of the
22contract, the winning bid and the record of each unsuccessful
23bid shall be open to public inspection.
24    (e) Bid acceptance and bid evaluation. Bids shall be
25unconditionally accepted without alteration or correction,

 

 

HB3689- 26 -LRB100 11251 MLM 21583 b

1except as authorized in this Code. Bids shall be evaluated
2based on the requirements set forth in the invitation for bids,
3which may include criteria to determine acceptability such as
4inspection, testing, quality, workmanship, delivery, and
5suitability for a particular purpose. Those criteria that will
6affect the bid price and be considered in evaluation for award,
7such as discounts, transportation costs, and total or life
8cycle costs, shall be objectively measurable. The invitation
9for bids shall set forth the evaluation criteria to be used.
10    (f) Correction or withdrawal of bids. Correction or
11withdrawal of inadvertently erroneous bids before or after
12award, or cancellation of awards of contracts based on bid
13mistakes, shall be permitted in accordance with rules. After
14bid opening, no changes in bid prices or other provisions of
15bids prejudicial to the interest of the State or fair
16competition shall be permitted. All decisions to permit the
17correction or withdrawal of bids based on bid mistakes shall be
18supported by written determination made by a State purchasing
19officer.
20    (g) Award. The contract shall be awarded with reasonable
21promptness by written notice to the lowest responsible and
22responsive bidder whose bid meets the requirements and criteria
23set forth in the invitation for bids, except when a State
24purchasing officer determines it is not in the best interest of
25the State and by written explanation determines another bidder
26shall receive the award. The explanation shall appear in the

 

 

HB3689- 27 -LRB100 11251 MLM 21583 b

1appropriate volume of the Illinois Procurement Bulletin. The
2written explanation must include:
3        (1) a description of the agency's needs;
4        (2) a determination that the anticipated cost will be
5    fair and reasonable;
6        (3) a listing of all responsible and responsive
7    bidders; and
8        (4) the name of the bidder selected, the total contract
9    price, and the reasons for selecting that bidder.
10    When a multiple award is contemplated, the solicitation
11shall identify the award criteria and a detailed method of
12selecting from among the multiple awardees.
13    Each chief procurement officer may adopt guidelines to
14implement the requirements of this subsection (g).
15    The written explanation shall be filed with the Legislative
16Audit Commission and the Procurement Policy Board, and be made
17available for inspection by the public, within 30 calendar days
18after the agency's decision to award the contract.
19    (h) Multi-step sealed bidding. When it is considered
20impracticable to initially prepare a purchase description to
21support an award based on price, an invitation for bids may be
22issued requesting the submission of unpriced offers to be
23followed by written requests for sealed quotes with pricing to
24meet the need and an invitation for bids limited to the pool of
25those bidders whose offers have been qualified under the
26criteria set forth in the first solicitation. An award shall be

 

 

HB3689- 28 -LRB100 11251 MLM 21583 b

1made to the responsible vendor with the lowest priced quote
2meeting the needs of the State agency as needs are determined
3by the State agency.
4    (i) Alternative procedures. Notwithstanding any other
5provision of this Act to the contrary, the Director of the
6Illinois Power Agency may create alternative bidding
7procedures to be used in procuring professional services under
8subsection (a) of Section 1-75 and subsection (d) of Section
91-78 of the Illinois Power Agency Act and Section 16-111.5(c)
10of the Public Utilities Act and to procure renewable energy
11resources under Section 1-56 of the Illinois Power Agency Act.
12These alternative procedures shall be set forth together with
13the other criteria contained in the invitation for bids, and
14shall appear in the appropriate volume of the Illinois
15Procurement Bulletin.
16    (j) Reverse auction. Notwithstanding any other provision
17of this Section and in accordance with rules adopted by the
18chief procurement officer, that chief procurement officer may
19procure supplies or services through a competitive electronic
20auction bidding process after the chief procurement officer
21determines that the use of such a process will be in the best
22interest of the State. The chief procurement officer shall
23publish that determination in his or her next volume of the
24Illinois Procurement Bulletin.
25    An invitation for bids shall be issued and shall include
26(i) a procurement description, (ii) all contractual terms,

 

 

HB3689- 29 -LRB100 11251 MLM 21583 b

1whenever practical, and (iii) conditions applicable to the
2procurement, including a notice that bids will be received in
3an electronic auction manner.
4    Public notice of the invitation for bids shall be given in
5the same manner as provided in subsection (c).
6    Bids shall be accepted electronically at the time and in
7the manner designated in the invitation for bids. During the
8auction, a bidder's price shall be disclosed to other bidders.
9Bidders shall have the opportunity to reduce their bid prices
10during the auction. At the conclusion of the auction, the
11record of the bid prices received and the name of each bidder
12shall be open to public inspection.
13    After the auction period has terminated, withdrawal of bids
14shall be permitted as provided in subsection (f).
15    The contract shall be awarded within 60 calendar days after
16the auction by written notice to the lowest responsible bidder,
17or all bids shall be rejected except as otherwise provided in
18this Code. Extensions of the date for the award may be made by
19mutual written consent of the State purchasing officer and the
20lowest responsible bidder.
21    This subsection does not apply to (i) procurements of
22professional and artistic services, (ii) telecommunications
23services, communication services, and information services,
24and (iii) contracts for construction projects, including
25design professional services.
26(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;

 

 

HB3689- 30 -LRB100 11251 MLM 21583 b

198-1076, eff. 1-1-15.)
 
2    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
3and 98-1076)
4    Sec. 20-10. Competitive sealed bidding; reverse auction.
5    (a) Conditions for use. All contracts shall be awarded by
6competitive sealed bidding except as otherwise provided in
7Section 20-5.
8    (b) Invitation for bids. An invitation for bids shall be
9issued and shall include a purchase description and the
10material contractual terms and conditions applicable to the
11procurement.
12    (c) Public notice. Public notice of the invitation for bids
13shall be published in the Illinois Procurement Bulletin at
14least 14 calendar days before the date set in the invitation
15for the opening of bids.
16    (d) Bid opening. Bids shall be opened publicly in the
17presence of one or more witnesses at the time and place
18designated in the invitation for bids. The name of each bidder,
19the amount of each bid, and other relevant information as may
20be specified by rule shall be recorded. After the award of the
21contract, the winning bid and the record of each unsuccessful
22bid shall be open to public inspection.
23    (e) Bid acceptance and bid evaluation. Bids shall be
24unconditionally accepted without alteration or correction,
25except as authorized in this Code. Bids shall be evaluated

 

 

HB3689- 31 -LRB100 11251 MLM 21583 b

1based on the requirements set forth in the invitation for bids,
2which may include criteria to determine acceptability such as
3inspection, testing, quality, workmanship, delivery, and
4suitability for a particular purpose. Those criteria that will
5affect the bid price and be considered in evaluation for award,
6such as discounts, transportation costs, and total or life
7cycle costs, shall be objectively measurable. The invitation
8for bids shall set forth the evaluation criteria to be used.
9    (f) Correction or withdrawal of bids. Correction or
10withdrawal of inadvertently erroneous bids before or after
11award, or cancellation of awards of contracts based on bid
12mistakes, shall be permitted in accordance with rules. After
13bid opening, no changes in bid prices or other provisions of
14bids prejudicial to the interest of the State or fair
15competition shall be permitted. All decisions to permit the
16correction or withdrawal of bids based on bid mistakes shall be
17supported by written determination made by a State purchasing
18officer.
19    (g) Award. The contract shall be awarded with reasonable
20promptness by written notice to the lowest responsible and
21responsive bidder whose bid meets the requirements and criteria
22set forth in the invitation for bids, except when a State
23purchasing officer determines it is not in the best interest of
24the State and by written explanation determines another bidder
25shall receive the award. The explanation shall appear in the
26appropriate volume of the Illinois Procurement Bulletin. The

 

 

HB3689- 32 -LRB100 11251 MLM 21583 b

1written explanation must include:
2        (1) a description of the agency's needs;
3        (2) a determination that the anticipated cost will be
4    fair and reasonable;
5        (3) a listing of all responsible and responsive
6    bidders; and
7        (4) the name of the bidder selected, the total contract
8    price, and the reasons for selecting that bidder.
9    When a multiple award is contemplated, the solicitation
10shall identify the award criteria and a detailed method of
11selecting from among the multiple awardees.
12    Each chief procurement officer may adopt guidelines to
13implement the requirements of this subsection (g).
14    The written explanation shall be filed with the Legislative
15Audit Commission and the Procurement Policy Board, and be made
16available for inspection by the public, within 30 days after
17the agency's decision to award the contract.
18    (h) Multi-step sealed bidding. When it is considered
19impracticable to initially prepare a purchase description to
20support an award based on price, an invitation for bids may be
21issued requesting the submission of unpriced offers to be
22followed by written requests for sealed quotes with pricing to
23meet the need and an invitation for bids limited to the pool of
24those bidders whose offers have been qualified under the
25criteria set forth in the first solicitation. An award shall be
26made to the responsible vendor with the lowest priced quote

 

 

HB3689- 33 -LRB100 11251 MLM 21583 b

1meeting the needs of the State agency as needs are determined
2by the State agency.
3    (i) Alternative procedures. Notwithstanding any other
4provision of this Act to the contrary, the Director of the
5Illinois Power Agency may create alternative bidding
6procedures to be used in procuring professional services under
7subsection (a) of Section 1-75 and subsection (d) of Section
81-78 of the Illinois Power Agency Act and Section 16-111.5(c)
9of the Public Utilities Act and to procure renewable energy
10resources under Section 1-56 of the Illinois Power Agency Act.
11These alternative procedures shall be set forth together with
12the other criteria contained in the invitation for bids, and
13shall appear in the appropriate volume of the Illinois
14Procurement Bulletin.
15    (j) Reverse auction. Notwithstanding any other provision
16of this Section and in accordance with rules adopted by the
17chief procurement officer, that chief procurement officer may
18procure supplies or services through a competitive electronic
19auction bidding process after the chief procurement officer
20determines that the use of such a process will be in the best
21interest of the State. The chief procurement officer shall
22publish that determination in his or her next volume of the
23Illinois Procurement Bulletin.
24    An invitation for bids shall be issued and shall include
25(i) a procurement description, (ii) all contractual terms,
26whenever practical, and (iii) conditions applicable to the

 

 

HB3689- 34 -LRB100 11251 MLM 21583 b

1procurement, including a notice that bids will be received in
2an electronic auction manner.
3    Public notice of the invitation for bids shall be given in
4the same manner as provided in subsection (c).
5    Bids shall be accepted electronically at the time and in
6the manner designated in the invitation for bids. During the
7auction, a bidder's price shall be disclosed to other bidders.
8Bidders shall have the opportunity to reduce their bid prices
9during the auction. At the conclusion of the auction, the
10record of the bid prices received and the name of each bidder
11shall be open to public inspection.
12    After the auction period has terminated, withdrawal of bids
13shall be permitted as provided in subsection (f).
14    The contract shall be awarded within 60 calendar days after
15the auction by written notice to the lowest responsible bidder,
16or all bids shall be rejected except as otherwise provided in
17this Code. Extensions of the date for the award may be made by
18mutual written consent of the State purchasing officer and the
19lowest responsible bidder.
20    This subsection does not apply to (i) procurements of
21professional and artistic services, (ii) telecommunications
22services, communication services, and information services,
23and (iii) contracts for construction projects, including
24design professional services.
25(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
2698-1076, eff. 1-1-15.)
 

 

 

HB3689- 35 -LRB100 11251 MLM 21583 b

1    (Text of Section after amendment by P.A. 99-906)
2    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
398-1076, and 99-906)
4    Sec. 20-10. Competitive sealed bidding; reverse auction.
5    (a) Conditions for use. All contracts shall be awarded by
6competitive sealed bidding except as otherwise provided in
7Section 20-5.
8    (b) Invitation for bids. An invitation for bids shall be
9issued and shall include a purchase description and the
10material contractual terms and conditions applicable to the
11procurement.
12    (c) Public notice. Public notice of the invitation for bids
13shall be published in the Illinois Procurement Bulletin at
14least 14 calendar days before the date set in the invitation
15for the opening of bids.
16    (d) Bid opening. Bids shall be opened publicly in the
17presence of one or more witnesses at the time and place
18designated in the invitation for bids. The name of each bidder,
19the amount of each bid, and other relevant information as may
20be specified by rule shall be recorded. After the award of the
21contract, the winning bid and the record of each unsuccessful
22bid shall be open to public inspection.
23    (e) Bid acceptance and bid evaluation. Bids shall be
24unconditionally accepted without alteration or correction,
25except as authorized in this Code. Bids shall be evaluated

 

 

HB3689- 36 -LRB100 11251 MLM 21583 b

1based on the requirements set forth in the invitation for bids,
2which may include criteria to determine acceptability such as
3inspection, testing, quality, workmanship, delivery, and
4suitability for a particular purpose. Those criteria that will
5affect the bid price and be considered in evaluation for award,
6such as discounts, transportation costs, and total or life
7cycle costs, shall be objectively measurable. The invitation
8for bids shall set forth the evaluation criteria to be used.
9    (f) Correction or withdrawal of bids. Correction or
10withdrawal of inadvertently erroneous bids before or after
11award, or cancellation of awards of contracts based on bid
12mistakes, shall be permitted in accordance with rules. After
13bid opening, no changes in bid prices or other provisions of
14bids prejudicial to the interest of the State or fair
15competition shall be permitted. All decisions to permit the
16correction or withdrawal of bids based on bid mistakes shall be
17supported by written determination made by a State purchasing
18officer.
19    (g) Award. The contract shall be awarded with reasonable
20promptness by written notice to the lowest responsible and
21responsive bidder whose bid meets the requirements and criteria
22set forth in the invitation for bids, except when a State
23purchasing officer determines it is not in the best interest of
24the State and by written explanation determines another bidder
25shall receive the award. The explanation shall appear in the
26appropriate volume of the Illinois Procurement Bulletin. The

 

 

HB3689- 37 -LRB100 11251 MLM 21583 b

1written explanation must include:
2        (1) a description of the agency's needs;
3        (2) a determination that the anticipated cost will be
4    fair and reasonable;
5        (3) a listing of all responsible and responsive
6    bidders; and
7        (4) the name of the bidder selected, the total contract
8    price, and the reasons for selecting that bidder.
9    When a multiple award is contemplated, the solicitation
10shall identify the award criteria and a detailed method of
11selecting from among the multiple awardees.
12    Each chief procurement officer may adopt guidelines to
13implement the requirements of this subsection (g).
14    The written explanation shall be filed with the Legislative
15Audit Commission and the Procurement Policy Board, and be made
16available for inspection by the public, within 30 calendar days
17after the agency's decision to award the contract.
18    (h) Multi-step sealed bidding. When it is considered
19impracticable to initially prepare a purchase description to
20support an award based on price, an invitation for bids may be
21issued requesting the submission of unpriced offers to be
22followed by written requests for sealed quotes with pricing to
23meet the need and an invitation for bids limited to the pool of
24those bidders whose offers have been qualified under the
25criteria set forth in the first solicitation. An award shall be
26made to the responsible vendor with the lowest priced quote

 

 

HB3689- 38 -LRB100 11251 MLM 21583 b

1meeting the needs of the State agency as needs are determined
2by the State agency.
3    (i) Alternative procedures. Notwithstanding any other
4provision of this Act to the contrary, the Director of the
5Illinois Power Agency may create alternative bidding
6procedures to be used in procuring professional services under
7Section 1-56, subsections (a) and (c) of Section 1-75 and
8subsection (d) of Section 1-78 of the Illinois Power Agency Act
9and Section 16-111.5(c) of the Public Utilities Act and to
10procure renewable energy resources under Section 1-56 of the
11Illinois Power Agency Act. These alternative procedures shall
12be set forth together with the other criteria contained in the
13invitation for bids, and shall appear in the appropriate volume
14of the Illinois Procurement Bulletin.
15    (j) Reverse auction. Notwithstanding any other provision
16of this Section and in accordance with rules adopted by the
17chief procurement officer, that chief procurement officer may
18procure supplies or services through a competitive electronic
19auction bidding process after the chief procurement officer
20determines that the use of such a process will be in the best
21interest of the State. The chief procurement officer shall
22publish that determination in his or her next volume of the
23Illinois Procurement Bulletin.
24    An invitation for bids shall be issued and shall include
25(i) a procurement description, (ii) all contractual terms,
26whenever practical, and (iii) conditions applicable to the

 

 

HB3689- 39 -LRB100 11251 MLM 21583 b

1procurement, including a notice that bids will be received in
2an electronic auction manner.
3    Public notice of the invitation for bids shall be given in
4the same manner as provided in subsection (c).
5    Bids shall be accepted electronically at the time and in
6the manner designated in the invitation for bids. During the
7auction, a bidder's price shall be disclosed to other bidders.
8Bidders shall have the opportunity to reduce their bid prices
9during the auction. At the conclusion of the auction, the
10record of the bid prices received and the name of each bidder
11shall be open to public inspection.
12    After the auction period has terminated, withdrawal of bids
13shall be permitted as provided in subsection (f).
14    The contract shall be awarded within 60 calendar days after
15the auction by written notice to the lowest responsible bidder,
16or all bids shall be rejected except as otherwise provided in
17this Code. Extensions of the date for the award may be made by
18mutual written consent of the State purchasing officer and the
19lowest responsible bidder.
20    This subsection does not apply to (i) procurements of
21professional and artistic services, (ii) telecommunications
22services, communication services, and information services,
23and (iii) contracts for construction projects, including
24design professional services.
25(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
 

 

 

HB3689- 40 -LRB100 11251 MLM 21583 b

1    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
298-1076, and 99-906)
3    Sec. 20-10. Competitive sealed bidding; reverse auction.
4    (a) Conditions for use. All contracts shall be awarded by
5competitive sealed bidding except as otherwise provided in
6Section 20-5.
7    (b) Invitation for bids. An invitation for bids shall be
8issued and shall include a purchase description and the
9material contractual terms and conditions applicable to the
10procurement.
11    (c) Public notice. Public notice of the invitation for bids
12shall be published in the Illinois Procurement Bulletin at
13least 14 calendar days before the date set in the invitation
14for the opening of bids.
15    (d) Bid opening. Bids shall be opened publicly in the
16presence of one or more witnesses at the time and place
17designated in the invitation for bids. The name of each bidder,
18the amount of each bid, and other relevant information as may
19be specified by rule shall be recorded. After the award of the
20contract, the winning bid and the record of each unsuccessful
21bid shall be open to public inspection.
22    (e) Bid acceptance and bid evaluation. Bids shall be
23unconditionally accepted without alteration or correction,
24except as authorized in this Code. Bids shall be evaluated
25based on the requirements set forth in the invitation for bids,
26which may include criteria to determine acceptability such as

 

 

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1inspection, testing, quality, workmanship, delivery, and
2suitability for a particular purpose. Those criteria that will
3affect the bid price and be considered in evaluation for award,
4such as discounts, transportation costs, and total or life
5cycle costs, shall be objectively measurable. The invitation
6for bids shall set forth the evaluation criteria to be used.
7    (f) Correction or withdrawal of bids. Correction or
8withdrawal of inadvertently erroneous bids before or after
9award, or cancellation of awards of contracts based on bid
10mistakes, shall be permitted in accordance with rules. After
11bid opening, no changes in bid prices or other provisions of
12bids prejudicial to the interest of the State or fair
13competition shall be permitted. All decisions to permit the
14correction or withdrawal of bids based on bid mistakes shall be
15supported by written determination made by a State purchasing
16officer.
17    (g) Award. The contract shall be awarded with reasonable
18promptness by written notice to the lowest responsible and
19responsive bidder whose bid meets the requirements and criteria
20set forth in the invitation for bids, except when a State
21purchasing officer determines it is not in the best interest of
22the State and by written explanation determines another bidder
23shall receive the award. The explanation shall appear in the
24appropriate volume of the Illinois Procurement Bulletin. The
25written explanation must include:
26        (1) a description of the agency's needs;

 

 

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1        (2) a determination that the anticipated cost will be
2    fair and reasonable;
3        (3) a listing of all responsible and responsive
4    bidders; and
5        (4) the name of the bidder selected, the total contract
6    price, and the reasons for selecting that bidder.
7    When a multiple award is contemplated, the solicitation
8shall identify the award criteria and a detailed method of
9selecting from among the multiple awardees.
10    Each chief procurement officer may adopt guidelines to
11implement the requirements of this subsection (g).
12    The written explanation shall be filed with the Legislative
13Audit Commission and the Procurement Policy Board, and be made
14available for inspection by the public, within 30 days after
15the agency's decision to award the contract.
16    (h) Multi-step sealed bidding. When it is considered
17impracticable to initially prepare a purchase description to
18support an award based on price, an invitation for bids may be
19issued requesting the submission of unpriced offers to be
20followed by written requests for sealed quotes with pricing to
21meet the need and an invitation for bids limited to the pool of
22those bidders whose offers have been qualified under the
23criteria set forth in the first solicitation. An award shall be
24made to the responsible vendor with the lowest priced quote
25meeting the needs of the State agency as needs are determined
26by the State agency.

 

 

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1    (i) Alternative procedures. Notwithstanding any other
2provision of this Act to the contrary, the Director of the
3Illinois Power Agency may create alternative bidding
4procedures to be used in procuring professional services under
5subsections (a) and (c) of Section 1-75 and subsection (d) of
6Section 1-78 of the Illinois Power Agency Act and Section
716-111.5(c) of the Public Utilities Act and to procure
8renewable energy resources under Section 1-56 of the Illinois
9Power Agency Act. These alternative procedures shall be set
10forth together with the other criteria contained in the
11invitation for bids, and shall appear in the appropriate volume
12of the Illinois Procurement Bulletin.
13    (j) Reverse auction. Notwithstanding any other provision
14of this Section and in accordance with rules adopted by the
15chief procurement officer, that chief procurement officer may
16procure supplies or services through a competitive electronic
17auction bidding process after the chief procurement officer
18determines that the use of such a process will be in the best
19interest of the State. The chief procurement officer shall
20publish that determination in his or her next volume of the
21Illinois Procurement Bulletin.
22    An invitation for bids shall be issued and shall include
23(i) a procurement description, (ii) all contractual terms,
24whenever practical, and (iii) conditions applicable to the
25procurement, including a notice that bids will be received in
26an electronic auction manner.

 

 

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1    Public notice of the invitation for bids shall be given in
2the same manner as provided in subsection (c).
3    Bids shall be accepted electronically at the time and in
4the manner designated in the invitation for bids. During the
5auction, a bidder's price shall be disclosed to other bidders.
6Bidders shall have the opportunity to reduce their bid prices
7during the auction. At the conclusion of the auction, the
8record of the bid prices received and the name of each bidder
9shall be open to public inspection.
10    After the auction period has terminated, withdrawal of bids
11shall be permitted as provided in subsection (f).
12    The contract shall be awarded within 60 calendar days after
13the auction by written notice to the lowest responsible bidder,
14or all bids shall be rejected except as otherwise provided in
15this Code. Extensions of the date for the award may be made by
16mutual written consent of the State purchasing officer and the
17lowest responsible bidder.
18    This subsection does not apply to (i) procurements of
19professional and artistic services, (ii) telecommunications
20services, communication services, and information services,
21and (iii) contracts for construction projects, including
22design professional services.
23(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
 
24    (30 ILCS 500/20-15)
25    Sec. 20-15. Competitive sealed proposals.

 

 

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1    (a) Conditions for use. When provided under this Code or
2under rules, or when the purchasing agency determines in
3writing that the use of competitive sealed bidding is either
4not practicable or not advantageous to the State, a contract
5may be entered into by competitive sealed proposals.
6    (b) Request for proposals. Proposals shall be solicited
7through a request for proposals.
8    (c) Public notice. Public notice of the request for
9proposals shall be published in the Illinois Procurement
10Bulletin at least 14 calendar days before the date set in the
11invitation for the opening of proposals.
12    (d) Receipt of proposals. Proposals shall be opened
13publicly in the presence of one or more witnesses at the time
14and place designated in the request for proposals, but
15proposals shall be opened in a manner to avoid disclosure of
16contents to competing offerors during the process of
17negotiation. A record of proposals shall be prepared and shall
18be open for public inspection after contract award.
19    (e) Evaluation factors. The requests for proposals shall
20state the relative importance of price and other evaluation
21factors. Proposals shall be submitted in 2 parts: the first,
22covering items except price; and the second, covering price.
23The first part of all proposals shall be evaluated and ranked
24independently of the second part of all proposals.
25    (f) Discussion with responsible offerors and revisions of
26offers or proposals. As provided in the request for proposals

 

 

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1and under rules, discussions may be conducted with responsible
2offerors who submit offers or proposals determined to be
3reasonably susceptible of being selected for award for the
4purpose of clarifying and assuring full understanding of and
5responsiveness to the solicitation requirements. Those
6offerors shall be accorded fair and equal treatment with
7respect to any opportunity for discussion and revision of
8proposals. Revisions may be permitted after submission and
9before award for the purpose of obtaining best and final
10offers. In conducting discussions there shall be no disclosure
11of any information derived from proposals submitted by
12competing offerors. If information is disclosed to any offeror,
13it shall be provided to all competing offerors.
14    (g) Award. Awards shall be made to the responsible offeror
15whose proposal is determined in writing to be the most
16advantageous to the State, taking into consideration price and
17the evaluation factors set forth in the request for proposals.
18When a multiple award is contemplated, the solicitation shall
19identify the award criteria and the detailed method of
20selecting from among the multiple awardees. The contract file
21shall contain the basis on which any the award is made.
22    (h) Multi-step sealed proposals. A request for proposals
23may be issued requesting the submission of offers to establish
24a pool of competitively-selected vendors to be followed by
25written requests for specific proposals with pricing to meet
26the need and limited to those in the pool of qualified vendors.

 

 

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1Clarification, discussions, and best and finals shall be
2allowed as in a standard request for proposals in each step of
3the process. Award shall be made to the responsible vendors
4with the most advantageous proposal, price, and other factors
5being considered.
6(Source: P.A. 98-1076, eff. 1-1-15.)
 
7    (30 ILCS 500/20-20)
8    Sec. 20-20. Small purchases.
9    (a) Amount. Any individual procurement of supplies or
10services other than professional or artistic services, not
11exceeding $100,000 $10,000 and any procurement of construction
12not exceeding $100,000, or any individual procurement of
13professional or artistic services not exceeding $100,000
14$30,000 may be made without competitive source selection sealed
15bidding. Procurements shall not be artificially divided so as
16to constitute a small purchase under this Section. Any
17procurement of construction not exceeding $100,000 may be made
18by an alternative competitive source selection. The
19construction agency shall establish rules for an alternative
20competitive source selection process. This Section does not
21apply to construction-related professional services contracts
22awarded in accordance with the provisions of the Architectural,
23Engineering, and Land Surveying Qualifications Based Selection
24Act.
25    (b) Adjustment. Each July 1, the small purchase maximum

 

 

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1established in subsection (a) shall be adjusted for inflation
2as determined by the Consumer Price Index for All Urban
3Consumers as determined by the United States Department of
4Labor and rounded to the nearest $100.
5    (c) Based upon rules proposed by the Board and rules
6promulgated by the chief procurement officers, the small
7purchase maximum established in subsection (a) may be modified.
8(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
9    (30 ILCS 500/20-43)
10    Sec. 20-43. Bidder or offeror authorized to transact
11business or conduct affairs do business in Illinois. In
12addition to meeting any other requirement of law or rule, a
13person (other than an individual acting as a sole proprietor)
14may qualify as a bidder or offeror under this Code only if the
15person is a legal entity prior to submitting the bid, offer, or
16proposal. The legal entity must be authorized to transact
17business or conduct affairs in Illinois prior to execution of
18the contract submitting the bid, offer, or proposal.
19(Source: P.A. 98-1076, eff. 1-1-15.)
 
20    (30 ILCS 500/20-80)
21    Sec. 20-80. Contract files.
22    (a) Written determinations. All written determinations
23required under this Article shall be placed in the contract
24file maintained by the chief procurement officer.

 

 

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1    (b) Filing with Comptroller. Whenever a grant, defined
2pursuant to accounting standards established by the
3Comptroller, or a contract liability, except for: (1) contracts
4paid from personal services, or (2) contracts between the State
5and its employees to defer compensation in accordance with
6Article 24 of the Illinois Pension Code, or (3) contracts paid
7from non-State appropriations, exceeding $20,000 is incurred
8by any State agency, a copy of the contract, purchase order,
9grant, or lease shall be filed with the Comptroller within 30
10calendar days thereafter. Beginning January 1, 2013, the
11Comptroller may require that contracts and grants required to
12be filed with the Comptroller under this Section shall be filed
13electronically, unless the agency is incapable of filing the
14contract or grant electronically because it does not possess
15the necessary technology or equipment. Any agency that is
16incapable of electronically filing its contracts or grants
17shall submit a written statement to the Governor and to the
18Comptroller attesting to the reasons for its inability to
19comply. This statement shall include a discussion of what the
20agency needs in order to effectively comply with this Section.
21Prior to requiring electronic filing, the Comptroller shall
22consult with the Governor as to the feasibility of establishing
23mutually agreeable technical standards for the electronic
24document imaging, storage, and transfer of contracts and
25grants, taking into consideration the technology available to
26that agency, best practices, and the technological

 

 

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1capabilities of State agencies. Nothing in this amendatory Act
2of the 97th General Assembly shall be construed to impede the
3implementation of an Enterprise Resource Planning (ERP)
4system. For each State contract for goods, supplies, or
5services awarded on or after July 1, 2010, the contracting
6agency shall provide the applicable rate and unit of
7measurement of the goods, supplies, or services on the contract
8obligation document as required by the Comptroller. If the
9contract obligation document that is submitted to the
10Comptroller contains the rate and unit of measurement of the
11goods, supplies, or services, the Comptroller shall provide
12that information on his or her official website. Any
13cancellation or modification to any such contract liability
14shall be filed with the Comptroller within 30 calendar days of
15its execution.
16    (c) Late filing affidavit. When a contract, purchase order,
17grant, or lease required to be filed by this Section has not
18been filed within 30 calendar days of execution, the
19Comptroller shall refuse to issue a warrant for payment
20thereunder until the agency files with the Comptroller the
21contract, purchase order, grant, or lease and an affidavit,
22signed by the chief executive officer of the agency or his or
23her designee, setting forth an explanation of why the contract
24liability was not filed within 30 calendar days of execution. A
25copy of this affidavit shall be filed with the Auditor General.
26    (d) Timely execution of contracts. No voucher shall be

 

 

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1submitted to the Comptroller for a warrant to be drawn for the
2payment of money from the State treasury or from other funds
3held by the State Treasurer on account of any contract unless
4the contract is reduced to writing before the services are
5performed and filed with the Comptroller. Vendors shall not be
6paid for any goods that were received or services that were
7rendered before the contract was reduced to writing and signed
8by all necessary parties. A chief procurement officer may
9request an exception to this subsection by submitting a written
10statement to the Comptroller and Treasurer setting forth the
11circumstances and reasons why the contract could not be reduced
12to writing before the supplies were received or services were
13performed. A waiver of this subsection must be approved by the
14Comptroller and Treasurer. This Section shall not apply to
15emergency purchases if notice of the emergency purchase is
16filed with the Procurement Policy Board and published in the
17Bulletin as required by this Code.
18    (e) Method of source selection. When a contract is filed
19with the Comptroller under this Section, the Comptroller's file
20shall identify the method of source selection used in obtaining
21the contract.
22(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
 
23    (30 ILCS 500/20-160)
24    Sec. 20-160. Business entities; certification;
25registration with the State Board of Elections.

 

 

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1    (a) For purposes of this Section, the terms "business
2entity", "contract", "State contract", "contract with a State
3agency", "State agency", "affiliated entity", and "affiliated
4person" have the meanings ascribed to those terms in Section
550-37.
6    (b) Every bid and offer submitted to and every contract
7executed by the State on or after January 1, 2009 (the
8effective date of Public Act 95-971) and every submission to a
9vendor portal shall contain (1) a certification by the bidder,
10offeror, vendor, or contractor that either (i) the bidder,
11offeror, vendor, or contractor is not required to register as a
12business entity with the State Board of Elections pursuant to
13this Section or (ii) the bidder, offeror, vendor, or contractor
14has registered as a business entity with the State Board of
15Elections and acknowledges a continuing duty to update the
16registration and (2) a statement that the contract is voidable
17under Section 50-60 for the bidder's, offeror's, vendor's, or
18contractor's failure to comply with this Section.
19    (c) Each business entity (i) whose aggregate bids and
20proposals on State contracts annually total more than $50,000,
21(ii) whose aggregate bids and proposals on State contracts
22combined with the business entity's aggregate annual total
23value of State contracts exceed $50,000, or (iii) whose
24contracts with State agencies, in the aggregate, annually total
25more than $50,000 shall register with the State Board of
26Elections in accordance with Section 9-35 of the Election Code.

 

 

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1A business entity required to register under this subsection
2due to item (i) or (ii) has a continuing duty to ensure that
3the registration is accurate during the period beginning on the
4date of registration and ending on the day after the date the
5contract is awarded; any change in information must be reported
6to the State Board of Elections 5 business days following such
7change or no later than a day before the contract is awarded,
8whichever date is earlier. A business entity required to
9register under this subsection due to item (iii) has a
10continuing duty to ensure that the registration is accurate in
11accordance with subsection (e).
12    (d) Any business entity, not required under subsection (c)
13to register, whose aggregate bids and proposals on State
14contracts annually total more than $50,000, or whose aggregate
15bids and proposals on State contracts combined with the
16business entity's aggregate annual total value of State
17contracts exceed $50,000, shall register with the State Board
18of Elections in accordance with Section 9-35 of the Election
19Code prior to submitting to a State agency the bid or proposal
20whose value causes the business entity to fall within the
21monetary description of this subsection. A business entity
22required to register under this subsection has a continuing
23duty to ensure that the registration is accurate during the
24period beginning on the date of registration and ending on the
25day after the date the contract is awarded. Any change in
26information must be reported to the State Board of Elections

 

 

HB3689- 54 -LRB100 11251 MLM 21583 b

1within 5 business days following such change or no later than a
2day before the contract is awarded, whichever date is earlier.
3    (e) A business entity whose contracts with State agencies,
4in the aggregate, annually total more than $50,000 must
5maintain its registration under this Section and has a
6continuing duty to ensure that the registration is accurate for
7the duration of the term of office of the incumbent
8officeholder awarding the contracts or for a period of 2 years
9following the expiration or termination of the contracts,
10whichever is longer. A business entity, required to register
11under this subsection, has a continuing duty to report any
12changes on a quarterly basis to the State Board of Elections
13within 14 calendar days following the last day of January,
14April, July, and October of each year. Any update pursuant to
15this paragraph that is received beyond that date is presumed
16late and the civil penalty authorized by subsection (e) of
17Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
18assessed.
19    Also, if a business entity required to register under this
20subsection has a pending bid or offer, any change in
21information shall be reported to the State Board of Elections
22within 7 calendar days following such change or no later than a
23day before the contract is awarded, whichever date is earlier.
24    (f) A business entity's continuing duty under this Section
25to ensure the accuracy of its registration includes the
26requirement that the business entity notify the State Board of

 

 

HB3689- 55 -LRB100 11251 MLM 21583 b

1Elections of any change in information, including but not
2limited to changes of affiliated entities or affiliated
3persons.
4    (g) For any bid or offer for a contract with a State agency
5by a business entity required to register under this Section,
6the chief procurement officer shall verify that the business
7entity is required to register under this Section and is in
8compliance with the registration requirements on the date the
9bid or offer is due. A chief procurement officer may shall not
10accept a bid or offer if the business entity is not in
11compliance with the registration requirements as of the date
12bids or offers are due. Upon discovery of noncompliance with
13this Section, if the bidder or offeror made a good faith effort
14to comply with registration efforts prior to the date the bid
15or offer is due, a chief procurement officer may provide the
16bidder or offeror 5 business days to achieve compliance. A
17chief procurement officer may extend the time to prove
18compliance by as long as necessary in the event that there is a
19failure within the State Board of Elections' registration
20system.
21    (h) A registration, and any changes to a registration, must
22include the business entity's verification of accuracy and
23subjects the business entity to the penalties of the laws of
24this State for perjury.
25    In addition to any penalty under Section 9-35 of the
26Election Code, intentional, willful, or material failure to

 

 

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1disclose information required for registration shall render
2the contract, bid, offer, or other procurement relationship
3voidable by the chief procurement officer if he or she deems it
4to be in the best interest of the State of Illinois.
5    (i) This Section applies regardless of the method of source
6selection used in awarding the contract.
7(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
898-1076, eff. 1-1-15.)
 
9    (30 ILCS 500/25-85 new)
10    Sec. 25-85. Best value procurement.
11    (a) This Section shall apply only to purchases of heavy
12mobile fleet vehicles and off-road construction equipment
13procured by or on behalf of:
14        (1) institutions of higher education;
15        (2) the Department of Agriculture;
16        (3) the Department of Transportation; and
17        (4) the Department of Natural Resources.
18    (b) As used in this Section, "best value procurement" means
19a contract award determined by objective criteria related to
20price, features, functions, and life-cycle costs that may
21include the following:
22        (1) total cost of ownership, including warranty, under
23    which all repair costs are borne solely by the warranty
24    provider; repair costs; maintenance costs; fuel
25    consumption; and salvage value;

 

 

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1        (2) product performance, productivity, and safety
2    standards;
3        (3) the supplier's ability to perform to the contract
4    requirements; and
5        (4) environmental benefits, including reduction of
6    greenhouse gas emissions, reduction of air pollutant
7    emissions, or reduction of toxic or hazardous materials.
8    (c) The department or institution may enter into a contract
9for heavy mobile fleet vehicles and off-road construction
10equipment for use by the department or institution by means of
11best value procurement, using specifications and criteria
12developed in consultation with the Chief Procurement Officer of
13each designated department or institution and conducted in
14accordance with Section 20-15 of this Code.
15    (c) The department or institution may enter into a contract
16for heavy mobile fleet vehicles and off-road construction
17equipment for use by the department or institution by means of
18best value procurement, using specifications and criteria
19developed in consultation with the Chief Procurement Officer of
20each designated department or institution and conducted in
21accordance with Section 20-15 of this Code.
22    (d) In addition to disclosure of the minimum requirements
23for qualification, the solicitation document shall specify
24which business performance measures, in addition to price,
25shall be given a weighted value. The solicitation shall include
26a scoring method based on those factors and price in

 

 

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1determining the successful offeror. Any evaluation and scoring
2method shall ensure substantial weight is given to the contract
3price.
4    (e) Upon written request of any person who has submitted an
5offer, notice of the award shall be posted in a public place in
6the offices of the department or institution at least 24 hours
7before executing the contract or purchase order. If, before
8making an award, any offeror who has submitted a bid files a
9protest with the department or institution against the awarding
10of the contract or purchase order on the ground that his or her
11offer should have been selected in accordance with the
12selection criteria in the solicitation document, the contract
13or purchase order shall not be awarded until either the protest
14has been withdrawn or the appropriate Chief Procurement Officer
15has made a final decision as to the action to be taken relative
16to the protest. Within 10 days after filing a protest, the
17protesting offeror shall file with the Chief Procurement
18Officer a full and complete written statement specifying in
19detail the ground of the protest and the facts in support
20thereof.
21    (f) The total annual value of vehicles and equipment
22purchased through best value procurement pursuant to this
23Section shall be limited to $20,000,000 per each department or
24institution.
25    (g) Best value procurement shall only be used on
26procurements first solicited on or before June 30, 2020.

 

 

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1    (h) On or before January 1, 2021, the Chief Procurement
2Officer of each designated department or institution shall
3prepare an evaluation of the best value procurement pilot
4program authorized by this Section, including a recommendation
5on whether or not the process should be continued. The
6evaluation shall be posted in the applicable volume or volumes
7of the Illinois Procurement Bulletin on or before January 1,
82021.
9    (i) This Section is repealed on January 1, 2021.
 
10    (30 ILCS 500/30-30)
11    Sec. 30-30. Design-bid-build construction.
12    (a) The provisions of this subsection are operative through
13December 31, 2019.
14    For building construction contracts in excess of $250,000,
15separate specifications may be prepared for all equipment,
16labor, and materials in connection with the following 5
17subdivisions of the work to be performed:
18        (1) plumbing;
19        (2) heating, piping, refrigeration, and automatic
20    temperature control systems, including the testing and
21    balancing of those systems;
22        (3) ventilating and distribution systems for
23    conditioned air, including the testing and balancing of
24    those systems;
25        (4) electric wiring; and

 

 

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1        (5) general contract work.
2    The specifications may be so drawn as to permit separate
3and independent bidding upon each of the 5 subdivisions of
4work. All contracts awarded for any part thereof may award the
55 subdivisions of work separately to responsible and reliable
6persons, firms, or corporations engaged in these classes of
7work. The contracts, at the discretion of the construction
8agency, may be assigned to the successful bidder on the general
9contract work or to the successful bidder on the subdivision of
10work designated by the construction agency before the bidding
11as the prime subdivision of work, provided that all payments
12will be made directly to the contractors for the 5 subdivisions
13of work upon compliance with the conditions of the contract.
14    Beginning on the effective date of this amendatory Act of
15the 99th General Assembly and through December 31, 2019, for
16single prime projects: (i) the bid of the successful low bidder
17shall identify the name of the subcontractor, if any, and the
18bid proposal costs for each of the 5 subdivisions of work set
19forth in this Section; (ii) the contract entered into with the
20successful bidder shall provide that no identified
21subcontractor may be terminated without the written consent of
22the Capital Development Board; (iii) the contract shall comply
23with the disadvantaged business practices of the Business
24Enterprise for Minorities, Females, and Persons with
25Disabilities Act and the equal employment practices of Section
262-105 of the Illinois Human Rights Act; (iv) the Capital

 

 

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1Development Board and public institutions of higher education
2shall submit a quarterly report to the Procurement Policy Board
3with information on the general scope, project budget, and
4established Business Enterprise Program goals for any single
5prime procurement bid in the previous 3 months with a total
6construction cost valued at $10,000,000 or less; and (v) the
7Capital Development Board and public institutions of higher
8education shall submit an annual report to the General Assembly
9and Governor on the bidding, award, and performance of all
10single prime projects.
11    For building construction projects with a total
12construction cost valued at $5,000,000 or less, the Capital
13Development Board or public institutions of higher education
14shall not use the single prime procurement delivery method for
15more than 50% of the total number of projects bid for each
16fiscal year. Any project with a total construction cost valued
17greater than $5,000,000 may be bid using single prime at the
18discretion of the Executive Director of the Capital Development
19Board or the president of a public institution of higher
20education.
21    Beginning on the effective date of this amendatory Act of
22the 99th General Assembly and through December 31, 2017, the
23Capital Development Board and public institutions of higher
24education shall, on a weekly basis: review the projects that
25have been designed, and approved to bid; and, for every fifth
26determination to use the single prime procurement delivery

 

 

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1method for a project under $10,000,000, submit to the
2Procurement Policy Board a written notice of its intent to use
3the single prime method on the project. The notice shall
4include the reasons for using the single prime method and an
5explanation of why the use of that method is in the best
6interest of the State. The Capital Development Board or public
7institution of higher education shall post the notice on its
8online procurement webpage and on the online Procurement
9Bulletin at least 3 business days following submission. The
10Procurement Policy Board shall review and provide its decision
11on the use of the single prime method for every fifth use of
12the single prime procurement delivery method for a project
13under $10,000,000 within 7 business days of receipt of the
14notice from the Capital Development Board or a public
15institution of higher education. Approval by the Procurement
16Policy Board shall not be unreasonably withheld and shall be
17provided unless the Procurement Policy Board finds that the use
18of the single prime method is not in the best interest of the
19State. Any decision by the Procurement Policy Board to
20disapprove the use of the single prime method shall be made in
21writing to the Capital Development Board or a public
22institution of higher education, posted on the online
23Procurement Bulletin, and shall state the reasons why the
24single prime method was disapproved and why it is not in the
25best interest of the State. For the requirements under this
26Section, the Capital Development Board shall have

 

 

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1responsibility for only those projects that are managed
2pursuant to the Capital Development Board Act.
3    (b) The provisions of this subsection are operative on and
4after January 1, 2020. For building construction contracts in
5excess of $250,000, separate specifications shall be prepared
6for all equipment, labor, and materials in connection with the
7following 5 subdivisions of the work to be performed:
8        (1) plumbing;
9        (2) heating, piping, refrigeration, and automatic
10    temperature control systems, including the testing and
11    balancing of those systems;
12        (3) ventilating and distribution systems for
13    conditioned air, including the testing and balancing of
14    those systems;
15        (4) electric wiring; and
16        (5) general contract work.
17    The specifications must be so drawn as to permit separate
18and independent bidding upon each of the 5 subdivisions of
19work. All contracts awarded for any part thereof shall award
20the 5 subdivisions of work separately to responsible and
21reliable persons, firms, or corporations engaged in these
22classes of work. The contracts, at the discretion of the
23construction agency, may be assigned to the successful bidder
24on the general contract work or to the successful bidder on the
25subdivision of work designated by the construction agency
26before the bidding as the prime subdivision of work, provided

 

 

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1that all payments will be made directly to the contractors for
2the 5 subdivisions of work upon compliance with the conditions
3of the contract.
4(Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15;
599-257, eff. 8-4-15.)
 
6    (30 ILCS 500/35-30)
7    Sec. 35-30. Awards.
8    (a) All State contracts for professional and artistic
9services, except as provided in this Section, shall be awarded
10using the competitive request for proposal process outlined in
11this Section.
12    (b) For each contract offered, the chief procurement
13officer, State purchasing officer, or his or her designee shall
14use the appropriate standard solicitation forms available from
15the chief procurement officer for matters other than
16construction or the higher education chief procurement
17officer.
18    (c) Prepared forms shall be submitted to the chief
19procurement officer for matters other than construction or the
20higher education chief procurement officer, whichever is
21appropriate, for publication in its Illinois Procurement
22Bulletin and circulation to the chief procurement officer for
23matters other than construction or the higher education chief
24procurement officer's list of prequalified vendors. Notice of
25the offer or request for proposal shall appear at least 14

 

 

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1calendar days before the response to the offer is due.
2    (d) All interested respondents shall return their
3responses to the chief procurement officer for matters other
4than construction or the higher education chief procurement
5officer, whichever is appropriate, which shall open and record
6them. The chief procurement officer for matters other than
7construction or higher education chief procurement officer
8then shall forward the responses, together with any information
9it has available about the qualifications and other State work
10of the respondents.
11    (e) After evaluation, ranking, and selection, the
12responsible chief procurement officer, State purchasing
13officer, or his or her designee shall notify the chief
14procurement officer for matters other than construction or the
15higher education chief procurement officer, whichever is
16appropriate, of the successful respondent and shall forward a
17copy of the signed contract for the chief procurement officer
18for matters other than construction or higher education chief
19procurement officer's file. The chief procurement officer for
20matters other than construction or higher education chief
21procurement officer shall publish the names of the responsible
22procurement decision-maker, the agency letting the contract,
23the successful respondent, a contract reference, and value of
24the let contract in the next appropriate volume of the Illinois
25Procurement Bulletin.
26    (f) For all professional and artistic contracts with

 

 

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1annualized value that exceeds $100,000 $25,000, evaluation and
2ranking by price are required. Any chief procurement officer or
3State purchasing officer, but not their designees, may select a
4respondent other than the lowest respondent by price. In any
5case, when the contract exceeds the $100,000 $25,000 threshold
6and the lowest respondent is not selected, the chief
7procurement officer or the State purchasing officer shall
8forward together with the contract notice of who the low
9respondent by price was and a written decision as to why
10another was selected to the chief procurement officer for
11matters other than construction or the higher education chief
12procurement officer, whichever is appropriate. The chief
13procurement officer for matters other than construction or
14higher education chief procurement officer shall publish as
15provided in subsection (e) of Section 35-30, but shall include
16notice of the chief procurement officer's or State purchasing
17officer's written decision.
18    (g) The chief procurement officer for matters other than
19construction and higher education chief procurement officer
20may each refine, but not contradict, this Section by
21promulgating rules for submission to the Procurement Policy
22Board and then to the Joint Committee on Administrative Rules.
23Any refinement shall be based on the principles and procedures
24of the federal Architect-Engineer Selection Law, Public Law
2592-582 Brooks Act, and the Architectural, Engineering, and Land
26Surveying Qualifications Based Selection Act; except that

 

 

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1pricing shall be an integral part of the selection process.
2(Source: P.A. 98-1076, eff. 1-1-15.)
 
3    (30 ILCS 500/35-35)
4    Sec. 35-35. Exceptions.
5    (a) Exceptions to Section 35-30 are allowed for sole source
6procurements, emergency procurements, and at the discretion of
7the chief procurement officer or the State purchasing officer,
8but not their designees, for professional and artistic
9contracts that are nonrenewable, one year or less in duration,
10and have a value of less than $100,000 $20,000.
11    (b) All exceptions granted under this Article must still be
12submitted to the chief procurement officer for matters other
13than construction or the higher education chief procurement
14officer, whichever is appropriate, and published as provided
15for in subsection (f) of Section 35-30, shall name the
16authorizing chief procurement officer or State purchasing
17officer, and shall include a brief explanation of the reason
18for the exception.
19(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
20    (30 ILCS 500/45-40)
21    Sec. 45-40. Gas mileage.
22    (a) Specification. Contracts for the purchase or lease of
23new passenger automobiles, other than station wagons, vans,
24four-wheel drive vehicles, emergency vehicles, and police and

 

 

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1fire vehicles, shall specify the procurement of a model that,
2according to the most current mileage study published by the
3U.S. Environmental Protection Agency, can achieve at least the
4minimum average fuel economy in miles per gallon imposed upon
5manufacturers of vehicles under Title V of The Motor Vehicle
6Information and Cost Savings Act.
7    (b) Exemptions. The State purchasing officer may exempt
8procurements from the requirement of subsection (a) when there
9is a demonstrated need, submitted in writing, or based on
10intended use or other reasonable considerations, such as the
11health and safety of Illinois citizens, for an automobile that
12does not meet the minimum average fuel economy standards.
13    (c) The chief procurement officer shall promulgate rules
14for determining need consistent with the intent of this
15Section.
16(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
17    (30 ILCS 500/45-15 rep.)
18    Section 10. The Illinois Procurement Code is amended by
19repealing Section 45-15.
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes

 

 

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1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 500/1-10
4    30 ILCS 500/1-12
5    30 ILCS 500/1-12.1 new
6    30 ILCS 500/1-13
7    30 ILCS 500/1-13.1 new
8    30 ILCS 500/1-15.20
9    30 ILCS 500/1-15.47 new
10    30 ILCS 500/1-15.48 new
11    30 ILCS 500/1-15.93
12    30 ILCS 500/1-15.107
13    30 ILCS 500/5-30
14    30 ILCS 500/10-15
15    30 ILCS 500/20-10
16    30 ILCS 500/20-15
17    30 ILCS 500/20-20
18    30 ILCS 500/20-43
19    30 ILCS 500/20-80
20    30 ILCS 500/20-160
21    30 ILCS 500/25-85 new
22    30 ILCS 500/30-30
23    30 ILCS 500/35-30
24    30 ILCS 500/35-35
25    30 ILCS 500/45-40

 

 

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1    30 ILCS 500/45-15 rep.