Sen. Daniel Biss

Filed: 5/28/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5491

2    AMENDMENT NO. ______. Amend House Bill 5491 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Sections 1-10, 1-11, 1-12, 1-13, 1-15.30, 1-15.50,
61-15.80, 1-15.107, 1-15.108, 1-15.110, 5-5, 5-25, 5-30, 10-20,
715-20, 15-25, 15-30, 15-35, 20-5, 20-10, 20-15, 20-25, 20-30,
820-35, 20-40, 20-43, 20-50, 20-80, 20-95, 20-120, 20-155,
920-160, 25-60, 25-65, 25-80, 30-22, 30-30, 35-30, 35-40, 40-5,
1040-15, 40-20, 40-25, 40-55, 45-10, 45-20, 45-30, 45-35, 45-45,
1145-57, 45-67, 45-70, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-13,
1250-14, 50-20, 50-25, 50-35, 50-36, 50-37, 50-38, 50-39, 50-40,
1350-45, 50-70, 55-10 and by adding Sections 1-15.01, 1-15.02,
141-15.12, 1-15.13, 1-15.17, 1-15.50, 1-15.51, 1-15.52, 1-15.86,
151-15.111, 15-35, 15-40, 15-45, and 30-22 as follows:
 
16    (30 ILCS 500/1-10)

 

 

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1    Sec. 1-10. Application.
2    (a) This Code applies only to procurements for which
3bidders, offerors, potential contractors, or contractors were
4first solicited on or after July 1, 1998. This Code shall not
5be construed to affect or impair any contract, or any provision
6of a contract, entered into based on a solicitation prior to
7the implementation date of this Code as described in Article
899, including but not limited to any covenant entered into with
9respect to any revenue bonds or similar instruments. All
10procurements for which contracts are solicited between the
11effective date of Articles 50 and 99 and July 1, 1998 shall be
12substantially in accordance with this Code and its intent.
13    (b) This Code shall apply regardless of the source of the
14funds with which the contracts are paid, including federal
15assistance moneys. This Code shall not apply to:
16        (1) Contracts between the State and its political
17    subdivisions or other governments, or between State
18    governmental bodies except as specifically provided in
19    this Code.
20        (2) Grants, except for the filing requirements of
21    Section 20-80.
22        (3) Purchase of care.
23        (4) Hiring of an individual as employee and not as an
24    independent contractor, whether pursuant to an employment
25    code or policy or by contract directly with that
26    individual.

 

 

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1        (5) Collective bargaining contracts.
2        (6) Purchase of real estate, except that notice of this
3    type of contract with a value of more than $25,000 must be
4    published in the Procurement Bulletin within 10 calendar 7
5    days after the deed is recorded in the county of
6    jurisdiction. The notice shall identify the real estate
7    purchased, the names of all parties to the contract, the
8    value of the contract, and the effective date of the
9    contract.
10        (7) Contracts necessary to prepare for anticipated
11    litigation, enforcement actions, or investigations,
12    provided that the chief legal counsel to the Governor shall
13    give his or her prior approval when the procuring agency is
14    one subject to the jurisdiction of the Governor, and
15    provided that the chief legal counsel of any other
16    procuring entity subject to this Code shall give his or her
17    prior approval when the procuring entity is not one subject
18    to the jurisdiction of the Governor.
19        (8) Contracts for services to Northern Illinois
20    University by a person, acting as an independent
21    contractor, who is qualified by education, experience, and
22    technical ability and is selected by negotiation for the
23    purpose of providing non-credit educational service
24    activities or products by means of specialized programs
25    offered by the university.
26        (9) Procurement expenditures by the Illinois

 

 

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1    Conservation Foundation when only private funds are used.
2        (10) Procurement expenditures by the Illinois Health
3    Information Exchange Authority involving private funds
4    from the Health Information Exchange Fund. "Private funds"
5    means gifts, donations, and private grants.
6        (11) Public-private agreements entered into according
7    to the procurement requirements of Section 20 of the
8    Public-Private Partnerships for Transportation Act and
9    design-build agreements entered into according to the
10    procurement requirements of Section 25 of the
11    Public-Private Partnerships for Transportation Act.
12        (12) Contracts for legal, financial, and other
13    professional and artistic services entered into on or
14    before December 31, 2018 by the Illinois Finance Authority
15    in which the State of Illinois is not obligated. Such
16    contracts shall be awarded through a competitive process
17    authorized by the Board of the Illinois Finance Authority
18    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
19    50-35, and 50-37 of this Code, as well as the final
20    approval by the Board of the Illinois Finance Authority of
21    the terms of the contract.
22    Notwithstanding any other provision of law, contracts
23entered into under item (12) of this subsection (b) shall be
24published in the Procurement Bulletin within 14 calendar days
25after contract execution. The chief procurement officer shall
26prescribe the form and content of the notice. The Illinois

 

 

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

 

 

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1assist the Capital Development Board with its duties related to
2the determination of costs of a clean coal SNG brownfield
3facility, as defined by Section 1-10 of the Illinois Power
4Agency Act, as required in subsection (h-3) of Section 9-220 of
5the Public Utilities Act, including calculating the range of
6capital costs, the range of operating and maintenance costs, or
7the sequestration costs or monitoring the construction of clean
8coal SNG brownfield facility for the full duration of
9construction.
10    (f) This Code does not apply to the process used by the
11Illinois Power Agency to retain a mediator to mediate sourcing
12agreement disputes between gas utilities and the clean coal SNG
13brownfield facility, as defined in Section 1-10 of the Illinois
14Power Agency Act, as required under subsection (h-1) of Section
159-220 of the Public Utilities Act.
16    (g) This Code does not apply to the processes used by the
17Illinois Power Agency to retain a mediator to mediate contract
18disputes between gas utilities and the clean coal SNG facility
19and to retain an expert to assist in the review of contracts
20under subsection (h) of Section 9-220 of the Public Utilities
21Act. This Code does not apply to the process used by the
22Illinois Commerce Commission to retain an expert to assist in
23determining the actual incurred costs of the clean coal SNG
24facility and the reasonableness of those costs as required
25under subsection (h) of Section 9-220 of the Public Utilities
26Act.

 

 

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1    (h) This Code does not apply to the process to procure or
2contracts entered into in accordance with Sections 11-5.2 and
311-5.3 of the Illinois Public Aid Code.
4    (i) Each chief procurement officer may access records
5necessary to review whether a contract, purchase, or other
6expenditure is or is not subject to the provisions of this
7Code, unless such records would be subject to attorney-client
8privilege.
9    (j) This Code does not apply to the process used by the
10Capital Development Board to retain an artist or work or works
11of art as required in Section 14 of the Capital Development
12Board Act.
13    (k) This Code does not apply to the process to procure
14contracts, or contracts entered into, by the State Board of
15Elections or the State Electoral Board for hearing officers
16appointed pursuant to the Election Code.
17(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
18eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1997-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2098-572, eff. 1-1-14; revised 9-9-13.)
 
21    (30 ILCS 500/1-11)
22    Sec. 1-11. Applicability of certain Public Acts. The
23changes made to this Code by Public Act 96-793, Public Act
2496-795, and this amendatory Act of the 96th General Assembly
25apply to those procurements for which bidders, offerors,

 

 

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1vendors, potential contractors, or contractors were first
2solicited on or after July 1, 2010.
3(Source: P.A. 96-920, eff. 7-1-10.)
 
4    (30 ILCS 500/1-12)
5    (Section scheduled to be repealed on December 31, 2016)
6    Sec. 1-12. Applicability to artistic or musical services.
7    (a) This Code shall not apply to procurement expenditures
8necessary to provide artistic or musical services,
9performances, or theatrical productions held at a venue
10operated or leased by a State agency.
11    (b) Notice of each contract entered into by a State agency
12that is related to the procurement of goods and services
13identified in this Section shall be published in the Illinois
14Procurement Bulletin within 14 calendar days after contract
15execution. The chief procurement officer shall prescribe the
16form and content of the notice. Each State agency shall provide
17the chief procurement officer, on a monthly basis, in the form
18and content prescribed by the chief procurement officer, a
19report of contracts that are related to the procurement of
20goods and services identified in this Section. At a minimum,
21this report shall include the name of the contractor, a
22description of the supply or service provided, the total amount
23of the contract, the term of the contract, and the exception to
24the Code utilized. A copy of any or all of these contracts
25shall be made available to the chief procurement officer

 

 

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1immediately upon request. The chief procurement officer shall
2submit a report to the Governor and General Assembly no later
3than November 1 of each year that shall include, at a minimum,
4an annual summary of the monthly information reported to the
5chief procurement officer.
6    (c) This Section is repealed December 31, 2016.
7(Source: P.A. 97-895, eff. 8-3-12.)
 
8    (30 ILCS 500/1-13)
9    (Section scheduled to be repealed on December 31, 2014)
10    Sec. 1-13. Applicability to public institutions of higher
11education.
12    (a) This Code shall apply to public institutions of higher
13education, regardless of the source of the funds with which
14contracts are paid, except as provided in this Section.
15    (b) Except as provided in this Section, this Code shall not
16apply to procurements made by or on behalf of public
17institutions of higher education for any of the following:
18        (1) Memberships in professional, academic, research,
19    or athletic organizations on behalf of a public institution
20    of higher education, an employee of a public institution of
21    higher education, or a student at a public institution of
22    higher education.
23        (2) Procurement expenditures for events or activities
24    paid for exclusively by revenues generated by the event or
25    activity, gifts or donations for the event or activity,

 

 

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1    private grants, or any combination thereof.
2        (3) Procurement expenditures for events or activities
3    for which the use of specific potential contractors vendors
4    is mandated or identified by the sponsor of the event or
5    activity, provided that the sponsor is providing a majority
6    of the funding for the event or activity.
7        (4) Procurement expenditures necessary to provide
8    artistic or musical services, performances, or productions
9    held at a venue operated by a public institution of higher
10    education.
11        (5) Procurement expenditures for periodicals and books
12    procured for use by a university library or academic
13    department, except for expenditures related to procuring
14    textbooks for student use or materials for resale or
15    rental.
16        (6) Procurement expenditures for placement of students
17    in externships, practicums, field experiences, and medical
18    residencies and rotations.
19        (7) Contracts for programming and broadcast license
20    rights for university-operated radio and television
21    stations.
22Notice of each contract entered into by a public institution of
23higher education that is related to the procurement of goods
24and services identified in items (1) through (7) (5) of this
25subsection shall be published in the Procurement Bulletin
26within 14 calendar days after contract execution. The Chief

 

 

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

 

 

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1contract, hearing, process and registration requirements
2required by the Code. All procurements made under this
3subsection shall be documented and may require publication in
4the Illinois Procurement Bulletin.
5    (c) Procurements made by or on behalf of public
6institutions of higher education for any of the following shall
7be made in accordance with the requirements of this Code to the
8extent practical as provided in this subsection:
9        (1) Contracts with a foreign entity necessary for
10    research or educational activities, provided that the
11    foreign entity either does not maintain an office in the
12    United States or is the sole source of the service or
13    product.
14        (2) (Blank). Procurements of FDA-regulated goods,
15    products, and services necessary for the delivery of care
16    and treatment at medical, dental, or veterinary teaching
17    facilities utilized by the University of Illinois or
18    Southern Illinois University.
19        (3) (Blank). Contracts for programming and broadcast
20    license rights for university-operated radio and
21    television stations.
22        (4) Procurements required for fulfillment of a grant.
23    Upon the written request of a public institution of higher
24education, the Chief Procurement Officer may waive
25registration, certification, and hearing requirements of this
26Code if, based on the item to be procured or the terms of a

 

 

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

 

 

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

 

 

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1University, University of Illinois, Western Illinois
2University, and, for purposes of this Code only, the Illinois
3Mathematics and Science Academy.
4    (g) This Section is repealed on December 31, 2016 2014.
5(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.)
 
6    (30 ILCS 500/1-15.01 new)
7    Sec. 1-15.01. Bid. "Bid" means the response submitted by a
8bidder in a competitive sealed bidding process, to an
9invitation for bid, or to a multi-step sealed bidding process.
 
10    (30 ILCS 500/1-15.02 new)
11    Sec. 1-15.02. Bidder. "Bidder" means one who submits a
12response in a competitive sealed bidding process, to an
13invitation for bid, or to a multi-step sealed bidding process.
 
14    (30 ILCS 500/1-15.12 new)
15    Sec. 1-15.12. Change order. "Change order" means a change
16in a contract term, other than as specifically provided for in
17the contract, which authorizes or necessitates any increase or
18decrease in the cost of the contract or the time for completion
19for procurements subject to the jurisdiction of the chief
20procurement officers appointed pursuant to Section 10-20.
 
21    (30 ILCS 500/1-15.13 new)
22    Sec. 1-15.13. Chief Procurement Office. "Chief Procurement

 

 

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1Office" means the offices to which the chief procurement
2officers are appointed pursuant to Section 10-20.
 
3    (30 ILCS 500/1-15.17 new)
4    Sec. 1-15.17. Contractor. "Contractor" means any person
5having a contract with a State agency as defined in Section
61-15.30.
 
7    (30 ILCS 500/1-15.30)
8    Sec. 1-15.30. Contract. "Contract" means all types of State
9agreements, including change orders and renewals, regardless
10of what they may be called, for the procurement, use, or
11disposal of supplies, services, professional or artistic
12services, or construction or for leases of real property where
13the State is the , whether the State is lessor or lessee, or
14capital improvements, and including renewals, master
15contracts, contracts for financing through use of installment
16or lease-purchase arrangements, renegotiated contracts,
17amendments to contracts, and change orders.
18(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
19for the effective date of changes made by P.A. 96-795).)
 
20    (30 ILCS 500/1-15.50)
21    Sec. 1-15.50. Negotiation. "Negotiation" means the process
22of selecting a contractor other than by competitive sealed
23bids, multi-step sealed bidding, or competitive sealed

 

 

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1proposals, whereby a purchasing agency can establish any and
2all terms and conditions of a procurement contract by
3discussion with one or more potential prospective contractors.
4(Source: P.A. 90-572, eff. 2-6-98.)
 
5    (30 ILCS 500/1-15.51 new)
6    Sec. 1-15.51. Offer. "Offer" means a response submitted by
7an offeror in a competitive sealed proposal process or to a
8request for proposal.
 
9    (30 ILCS 500/1-15.52 new)
10    Sec. 1-15.52. Offeror. "Offeror" means any person who
11submits a proposal in response to a competitive sealed proposal
12process or a request for proposals.
 
13    (30 ILCS 500/1-15.80)
14    Sec. 1-15.80. Responsible bidder, potential contractor, or
15offeror. "Responsible bidder, potential contractor, or
16offeror" means a person who has the capability in all respects
17to perform fully the contract requirements and the integrity
18and reliability that will assure good faith performance. A
19responsible bidder or offeror shall not include a business or
20other entity that does not exist as a legal entity at the time
21a bid or offer or proposal is submitted for a State contract.
22(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23for the effective date of changes made by P.A. 96-795).)
 

 

 

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1    (30 ILCS 500/1-15.86 new)
2    Sec. 1-15.86. Responsive offeror. "Responsive offeror"
3means a person who has submitted an offer that conforms in all
4material respects to the request for proposals.
 
5    (30 ILCS 500/1-15.107)
6    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
7between a person and a person who has a contract subject to
8this Code, pursuant to which the subcontractor provides to the
9contractor, or, if the contract price exceeds $50,000, another
10subcontractor, some or all of the goods, services, real
11property, remuneration, or other monetary forms of
12consideration that are the subject of the primary contract and
13includes, among other things, subleases from a lessee of a
14State agency. For purposes of this Code, a "subcontract" does
15not include purchases of goods or supplies that are incidental
16to the performance of a contract by a person who has a contract
17subject to this Code.
18(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
19for the effective date of P.A. 96-795); 97-895, eff. 8-3-12.)
 
20    (30 ILCS 500/1-15.108)
21    Sec. 1-15.108. Subcontractor. "Subcontractor" means a
22person or entity that enters into a contractual agreement with
23a total value of $50,000 or more with a person or entity who

 

 

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1has a contract subject to this Code pursuant to which the
2person or entity provides some or all of the goods, services,
3real property, remuneration, or other monetary forms of
4consideration that are the subject of the primary State
5contract, including subleases from a lessee of a State
6contract. For purposes of this Code, a person or entity is not
7a "subcontractor" if that person only provides goods or
8supplies that are incidental to the performance of a contract
9by a person who has a contract subject to this Code.
10(Source: P.A. 96-920, eff. 7-1-10; 97-895, eff. 8-3-12.)
 
11    (30 ILCS 500/1-15.110)
12    Sec. 1-15.110. Supplies. "Supplies" means all personal
13property, including but not limited to equipment, materials,
14printing, and insurance, and the financing of those supplies
15that can be procured regularly or are available on the
16commercial market.
17(Source: P.A. 90-572, eff. 2-6-98.)
 
18    (30 ILCS 500/1-15.111 new)
19    Sec. 1-15.111. Supplier. "Supplier" means any person or
20entity providing supplies, including, but not limited to,
21equipment, materials, printing, and insurance, and the
22financing of those supplies that can be procured regularly or
23are available on the commercial market.
 

 

 

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1    (30 ILCS 500/5-5)
2    Sec. 5-5. Procurement Policy Board.
3    (a) Creation. There is created a Procurement Policy Board,
4an agency of the State of Illinois.
5    (b) Authority and duties. The Board shall have the
6authority and responsibility to review, comment upon, and
7recommend, consistent with this Code, rules and practices
8governing the procurement, management, control, and disposal
9of supplies, services, professional or artistic services,
10construction, and real property and capital improvement leases
11procured by the State. The Board shall also have the authority
12to recommend a program for professional development and provide
13opportunities for training in procurement practices and
14policies to chief procurement officers and their staffs in
15order to ensure that all procurement is conducted in an
16efficient, professional, and appropriately transparent manner.
17    Upon a three-fifths vote of its members, the Board may
18review a contract. Upon a three-fifths vote of its members, the
19Board may propose procurement rules for consideration by chief
20procurement officers. These proposals shall be published in
21each volume of the Procurement Bulletin. Except as otherwise
22provided by law, the Board shall act upon the vote of a
23majority of its members who have been appointed and are
24serving.
25    (b-5) Reviews, studies, and hearings. The Board may review,
26study, and hold public hearings concerning the implementation

 

 

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1and administration of this Code. Each chief procurement
2officer, State purchasing officer, procurement compliance
3monitor, and State agency shall cooperate with the Board,
4provide information to the Board, and be responsive to the
5Board in the Board's conduct of its reviews, studies, and
6hearings.
7    (c) Members. The Board shall consist of 5 members appointed
8one each by the 4 legislative leaders and the Governor. Each
9member shall have demonstrated sufficient business or
10professional experience in the area of procurement to perform
11the functions of the Board. No member may be a member of the
12General Assembly.
13    (d) Terms. Of the initial appointees, the Governor shall
14designate one member, as Chairman, to serve a one-year term,
15the President of the Senate and the Speaker of the House shall
16each appoint one member to serve 3-year terms, and the Minority
17Leader of the House and the Minority Leader of the Senate shall
18each appoint one member to serve 2-year terms. Subsequent terms
19shall be 4 years. Members may be reappointed for succeeding
20terms.
21    (e) Reimbursement. Members shall receive no compensation
22but shall be reimbursed for any expenses reasonably incurred in
23the performance of their duties.
24    (f) Staff support. Upon a three-fifths vote of its members,
25the Board may employ an executive director. Subject to
26appropriation, the Board also may employ a reasonable and

 

 

09800HB5491sam001- 22 -LRB098 18402 HLH 60239 a

1necessary number of staff persons.
2    (g) Meetings. Meetings of the Board may be conducted
3telephonically, electronically, or through the use of other
4telecommunications. Written minutes of such meetings shall be
5created and available for public inspection and copying.
6    (h) Procurement recommendations. Upon a three-fifths vote
7of its members, the Board may review a proposal, bid, or
8contract and issue a recommendation to void a contract or
9reject a proposal or bid based on any violation of this Code or
10the existence of a conflict of interest as described in
11subsections (b) and (d) of Section 50-35. A chief procurement
12officer or State purchasing officer shall notify the Board if
13an alleged conflict of interest or violation of the Code is
14identified, discovered, or reasonably suspected to exist. Any
15person or entity may notify the Board of an alleged conflict of
16interest or violation of the Code. A recommendation of the
17Board shall be delivered to the appropriate chief procurement
18officer and Executive Ethics Commission within 7 calendar 5
19days and must be published in the next volume of the
20Procurement Bulletin. In the event that an alleged conflict of
21interest or violation of the Code that was not originally
22disclosed with the bid, offer, or proposal is identified and
23filed with the Board, the Board shall provide written notice of
24the alleged conflict of interest or violation to the bidder,
25offeror, potential contractor, contractor, or subcontractor on
26that contract. If the alleged conflict of interest or violation

 

 

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1is by the subcontractor, written notice shall also be provided
2to the bidder, offeror, potential contractor, or contractor.
3The bidder, offeror, potential contractor, contractor, or
4subcontractor shall have 15 calendar days to provide a written
5response to the notice, and a hearing before the Board on the
6alleged conflict of interest or violation shall be held upon
7request by the bidder, offeror, potential contractor,
8contractor, or subcontractor. The requested hearing date and
9time shall be determined by the Board, but in no event shall
10the hearing occur later than 15 calendar days after the date of
11the request.
12    (i) After providing notice and a hearing as required by
13subsection (h), the Board shall refer any alleged violations of
14this Code to the Executive Inspector General in addition to or
15instead of issuing a recommendation to void a contract.
16(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17for the effective date of changes made by P.A. 96-795); 97-895,
18eff. 8-3-12.)
 
19    (30 ILCS 500/5-25)
20    Sec. 5-25. Rulemaking authority; agency policy; agency
21response.
22    (a) Rulemaking. A chief procurement officer authorized to
23make procurements under this Code shall have the authority to
24promulgate rules to carry out that authority. The That
25rulemaking on specific procurement topics is mentioned in

 

 

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1specific Sections of this Code shall not be construed as
2prohibiting or limiting rulemaking on other procurement
3topics.
4    All rules shall be promulgated in accordance with the
5Illinois Administrative Procedure Act. Contractual provisions,
6specifications, and procurement descriptions are not rules and
7are not subject to the Illinois Administrative Procedure Act.
8All rules other than those promulgated by the Board shall be
9presented in writing to the Board and the Executive Procurement
10Officer for review and comment. The Board and the Executive
11Procurement Officer shall express their opinions and
12recommendations in writing. The proposed rules and
13recommendations shall be made available for public review. The
14rules shall also be approved by the Joint Committee on
15Administrative Rules.
16    (b) Policy. Each chief procurement officer shall promptly
17notify the Procurement Policy Board in writing of any proposed
18new procurement rule or policy or any proposed change in an
19existing procurement rule or policy.
20    (c) Response. Each State agency must respond promptly in
21writing to all inquiries and comments of the Procurement Policy
22Board or Executive Procurement Officer.
23(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24for the effective date of changes made by P.A. 96-795).)
 
25    (30 ILCS 500/5-30)

 

 

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1    Sec. 5-30. Proposed contracts; Procurement Policy Board.
2    (a) Except as provided in subsection (c), within 30
3calendar days after notice of the awarding or letting of a
4contract has appeared in the Procurement Bulletin in accordance
5with subsection (b) of Section 15-25, the Board may request in
6writing from the contracting agency and the contracting agency
7shall promptly, but in no event later than 7 calendar 5
8business days after receipt of the request, provide to the
9Board, by electronic or other means satisfactory to the Board,
10documentation in the possession of the contracting agency
11concerning the proposed contract. Nothing in this subsection is
12intended to waive or abrogate any privilege or right of
13confidentiality authorized by law.
14    (b) No contract subject to this Section may be entered into
15until the 30-day period described in subsection (a) has
16expired, unless the contracting agency requests in writing that
17the Board waive the period and the Board grants the waiver in
18writing.
19    (c) This Section does not apply to (i) contracts entered
20into under this Code for small and emergency procurements as
21those procurements are defined in Article 20 and (ii) contracts
22for professional and artistic services that are nonrenewable,
23one year or less in duration, and have a value of less than
24$20,000. If requested in writing by the Board, however, the
25contracting agency must promptly, but in no event later than 10
26calendar 8 business days after receipt of the request, transmit

 

 

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1to the Board a copy of the contract for an emergency
2procurement and documentation in the possession of the
3contracting agency concerning the contract.
4(Source: P.A. 93-839, eff. 7-30-04.)
 
5    (30 ILCS 500/10-20)
6    Sec. 10-20. Independent chief procurement officers.
7    (a) Appointment. Within 60 calendar days after the
8effective date of this amendatory Act of the 96th General
9Assembly, the Executive Ethics Commission, with the advice and
10consent of the Senate shall appoint or approve 4 chief
11procurement officers, one for each of the following categories:
12        (1) for procurements for construction and
13    construction-related services committed by law to the
14    jurisdiction or responsibility of the Capital Development
15    Board;
16        (2) for procurements for all construction,
17    construction-related services, operation of any facility,
18    and the provision of any service or activity committed by
19    law to the jurisdiction or responsibility of the Illinois
20    Department of Transportation, including the direct or
21    reimbursable expenditure of all federal funds for which the
22    Department of Transportation is responsible or accountable
23    for the use thereof in accordance with federal law,
24    regulation, or procedure, the chief procurement officer
25    recommended for approval under this item appointed by the

 

 

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1    Secretary of Transportation after consent by the Executive
2    Ethics Commission;
3        (3) for all procurements made by a public institution
4    of higher education; and
5        (4) for all other procurement needs of State agencies.
6    A chief procurement officer shall be responsible to the
7Executive Ethics Commission but must be located within the
8agency that the officer provides with procurement services. The
9chief procurement officer for higher education shall have an
10office located within the Board of Higher Education, unless
11otherwise designated by the Executive Ethics Commission. The
12chief procurement officer for all other procurement needs of
13the State shall have an office located within the Department of
14Central Management Services, unless otherwise designated by
15the Executive Ethics Commission.
16    (b) Terms and independence. Each chief procurement officer
17appointed under this Section shall serve for a term of 5 years
18beginning on the date of the officer's appointment. The chief
19procurement officer may be removed for cause after a hearing by
20the Executive Ethics Commission. The Governor or the director
21of a State agency directly responsible to the Governor may
22institute a complaint against the officer by filing such
23complaint with the Commission. The Commission shall have a
24hearing based on the complaint. The officer and the complainant
25shall receive reasonable notice of the hearing and shall be
26permitted to present their respective arguments on the

 

 

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1complaint. After the hearing, the Commission shall make a
2finding on the complaint and may take disciplinary action,
3including but not limited to removal of the officer.
4    The salary of a chief procurement officer shall be
5established by the Executive Ethics Commission and may not be
6diminished during the officer's term. The salary may not exceed
7the salary of the director of a State agency for which the
8officer serves as chief procurement officer.
9    (c) Qualifications. In addition to any other requirement or
10qualification required by State law, each chief procurement
11officer must within 12 months of employment be a Certified
12Professional Public Buyer or a Certified Public Purchasing
13Officer, pursuant to certification by the Universal Public
14Purchasing Certification Council, and must reside in Illinois.
15    (d) Fiduciary duty. Each chief procurement officer owes a
16fiduciary duty to the State.
17    (e) Vacancy. In case of a vacancy in one or more of the
18offices of a chief procurement officer under this Section
19during the recess of the Senate, the Executive Ethics
20Commission shall make a temporary appointment until the next
21meeting of the Senate, when the Executive Ethics Commission
22shall nominate some person to fill the office, and any person
23so nominated who is confirmed by the Senate shall hold office
24during the remainder of the term and until his or her successor
25is appointed and qualified. If the Senate is not in session at
26the time this amendatory Act of the 96th General Assembly takes

 

 

09800HB5491sam001- 29 -LRB098 18402 HLH 60239 a

1effect, the Executive Ethics Commission shall make a temporary
2appointment as in the case of a vacancy.
3    (f) (Blank). Acting chief procurement officers. Prior to
4August 31, 2010, the Executive Ethics Commission may, until an
5initial chief procurement officer is appointed and qualified,
6designate some person as an acting chief procurement officer to
7execute the powers and discharge the duties vested by law in
8that chief procurement officer. An acting chief procurement
9officer shall serve no later than the appointment of the
10initial chief procurement officer pursuant to subsection (a) of
11this Section. Nothing in this subsection shall prohibit the
12Executive Ethics Commission from appointing an acting chief
13procurement officer as a chief procurement officer.
14    (g) (Blank). Transition schedule. Notwithstanding any
15other provision of this Act or this amendatory Act of the 96th
16General Assembly, the chief procurement officers on the
17effective date of Public Act 96-793 shall continue to serve as
18chief procurement officers until August 31, 2010 and shall
19retain their powers and duties pertaining to procurements,
20provided the chief procurement officer appointed or approved by
21the Executive Ethics Commission shall approve any rules
22promulgated to implement this Code or the provisions of this
23amendatory Act of the 96th General Assembly. The chief
24procurement officers appointed or approved by the Executive
25Ethics Commission shall assume the position of chief
26procurement officer upon appointment and work in collaboration

 

 

09800HB5491sam001- 30 -LRB098 18402 HLH 60239 a

1with the current chief procurement officer and staff. On
2September 1, 2010, the chief procurement officers appointed by
3the Executive Ethics Commission shall assume the powers and
4duties of the chief procurement officers.
5(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
6for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
 
7    (30 ILCS 500/15-20)
8    Sec. 15-20. Qualified bidders or offerors. Subscription to
9the Illinois Procurement Bulletin shall not be required to
10qualify as a bidder or offeror under this Code.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/15-25)
13    Sec. 15-25. Bulletin content.
14    (a) Invitations for bids. Notice of each and every contract
15that is offered, including renegotiated contracts and change
16orders, shall be published in the Bulletin. All , and all
17businesses listed on the Department of Transportation
18Disadvantaged Business Enterprise Directory, the Department of
19Central Management Services Business Enterprise Program, and
20the Chief Procurement Office's Small Business Vendors
21Directory, and the Capital Development Board's Directory of
22Certified Minority and Female Business Enterprises shall be
23furnished written instructions and information on how to
24register on each Procurement Bulletin maintained by the State.

 

 

09800HB5491sam001- 31 -LRB098 18402 HLH 60239 a

1Such information shall be provided to each business within 30
2calendar days after the business' notice of certification. The
3applicable chief procurement officer may provide by rule an
4organized format for the publication of this information, but
5in any case it must include at least the date first offered,
6the date submission of offers is due, the location that offers
7are to be submitted to, the purchasing State agency, the
8responsible State purchasing officer, a brief purchase
9description, the method of source selection, information of how
10to obtain a comprehensive purchase description and any
11disclosure and contract forms, and encouragement to potential
12contractors prospective vendors to hire qualified veterans, as
13defined by Section 45-67 of this Code, and qualified Illinois
14minorities, women, persons with disabilities, and residents
15discharged from any Illinois adult correctional center.
16    (b) Contracts let. Notice of each and every contract that
17is let, including renegotiated contracts and change orders,
18shall be issued electronically to those bidders or offerors
19submitting responses to the solicitations, inclusive of the
20unsuccessful bidders, immediately upon contract let. Failure
21of any chief procurement officer to give such notice shall
22result in tolling the time for filing a bid protest up to 7
23calendar 5 business days.
24    For purposes of this subsection (b), "contracts let" means
25a construction agency's act of advertising an invitation for
26bids for one or more construction projects. The apparent low

 

 

09800HB5491sam001- 32 -LRB098 18402 HLH 60239 a

1bidder's award and all other bids from bidders responding to
2solicitations shall be posted on the agency's website the next
3business day.
4    (b-5) Contracts awarded. Notice of each and every contract
5that is awarded, including renegotiated contracts and change
6orders, shall be issued electronically to the successful
7responsible bidder, or offeror, or contractor posted on the
8agency's website the next business day, and published in the
9next available subsequent Bulletin. The applicable chief
10procurement officer may provide by rule an organized format for
11the publication of this information, but in any case it must
12include at least all of the information specified in subsection
13(a) as well as the name of the successful responsible bidder,
14or offeror, the contract price, the number of unsuccessful
15responsive bidders or offerors , and any other disclosure
16specified in any Section of this Code. This notice must be
17posted in the online electronic Bulletin prior to execution of
18the contract.
19    For purposes of this subsection (b-5), "contract award"
20means the determination that a particular bidder or offeror has
21been selected from among other bidders or offerors to receive a
22contract, subject to the successful completion of final
23negotiations. "Contract award" is evidenced by the posting of a
24Notice of Award or a Notice of Intent to Award to the
25respective volume of the Illinois Procurement Bulletin.
26    (c) Emergency purchase disclosure. Any chief procurement

 

 

09800HB5491sam001- 33 -LRB098 18402 HLH 60239 a

1officer or State purchasing officer exercising emergency
2purchase authority under this Code shall publish a written
3description and reasons and the total cost, if known, or an
4estimate if unknown and the name of the responsible chief
5procurement officer and State purchasing officer, and the
6business or person contracted with for all emergency purchases
7in the next timely, practicable Bulletin. This notice must be
8posted in the online electronic Bulletin no later than 5
9calendar 3 business days after the contract is awarded. Notice
10of a hearing to extend an emergency contract must be posted in
11the online electronic Procurement Bulletin no later than 14
12calendar 5 business days prior to the hearing.
13    (c-5) Business Enterprise Program report. Each purchasing
14agency shall, with the assistance of the applicable chief
15procurement officer, post in the online electronic Bulletin a
16copy of its annual report of utilization of businesses owned by
17minorities, females, and persons with disabilities as
18submitted to the Business Enterprise Council for Minorities,
19Females, and Persons with Disabilities pursuant to Section 6(c)
20of the Business Enterprise for Minorities, Females, and Persons
21with Disabilities Act within 10 calendar business days after
22its submission of its report to the Council.
23    (c-10) Renewals. Notice of each contract renewal shall be
24posted in the online electronic Bulletin within 14 calendar 10
25business days of the determination to renew the contract and
26the next available subsequent Bulletin. The notice shall

 

 

09800HB5491sam001- 34 -LRB098 18402 HLH 60239 a

1include at least all of the information required in subsection
2(b).
3    (c-15) Sole source procurements. Before entering into a
4sole source contract, a chief procurement officer exercising
5sole source procurement authority under this Code shall publish
6a written description of intent to enter into a sole source
7contract along with a description of the item to be procured
8and the intended sole source contractor. This notice must be
9posted in the online electronic Procurement Bulletin before a
10sole source contract is awarded and at least 14 calendar days
11before the hearing required by Section 20-25.
12    (d) Other required disclosure. The applicable chief
13procurement officer shall provide by rule for the organized
14publication of all other disclosure required in other Sections
15of this Code in a timely manner.
16    (e) The changes to subsections (b), (c), (c-5), (c-10), and
17(c-15) of this Section made by this amendatory Act of the 96th
18General Assembly apply to reports submitted, offers made, and
19notices on contracts executed on or after its effective date.
20    (f) Each chief procurement officer shall, in consultation
21with the agencies under his or her jurisdiction, provide the
22Procurement Policy Board with the information and resources
23necessary, and in a manner, to effectuate the purpose of this
24amendatory Act of the 96th General Assembly.
25(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
26for the effective date of changes made by P.A. 96-795);

 

 

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196-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
 
2    (30 ILCS 500/15-30)
3    Sec. 15-30. Electronic Bulletin clearinghouse.
4    (a) The Procurement Policy Board shall maintain on its
5official website a searchable database containing all
6information required to be included in the Illinois Procurement
7Bulletin under subsections (b), (c), (c-10), and (c-15) of
8Section 15-25 and all information required to be disclosed
9under Section 50-41. The posting of procurement information on
10the website is subject to the same posting requirements as the
11online electronic Bulletin.
12    (b) For the purposes of this Section, searchable means
13searchable and sortable by successful responsible bidder, or
14offeror, potential contractor, or contractor, for emergency
15purchases, business or person contracted with; the contract
16price or total cost; the service or good; the purchasing State
17agency; and the date first offered or announced.
18    (c) The applicable chief procurement officer shall provide
19the Procurement Policy Board the information and resources
20necessary, and in a manner, to effectuate the purpose of this
21Section.
22(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23for the effective date of changes made by P.A. 96-795); 97-895,
24eff. 8-3-12.)
 

 

 

09800HB5491sam001- 36 -LRB098 18402 HLH 60239 a

1    (30 ILCS 500/15-35)
2    Sec. 15-35. Vendor portal. Each chief procurement officer
3may, in consultation with the agencies under his or her
4jurisdiction and the Procurement Policy Board, establish a
5vendor portal. The vendor portal shall allow a potential
6prospective vendor to provide certifications, disclosures,
7registrations, and other documentation needed to do business
8with a State agency in advance of any particular procurement. A
9potential prospective vendor who registers with the vendor
10portal and provides this information may submit its
11registration number, with a confirmation that the portal
12information remains current, as part of its response to a
13competitive selection or a contracting process, rather than
14submit the same information in full. One or more chief
15procurement officers may jointly operate a vendor portal if a
16single portal would better serve the needs of the State
17agencies and the vendor community. A chief procurement officer
18may accept, for use on procurements and contracts under his or
19her jurisdiction, the registration from another chief
20procurement officer's vendor portal. This Section applies
21notwithstanding any laws to the contrary except for later
22enacted laws that specifically refer to this Section.
23    Nothing in this Section shall preclude a State agency from
24implementing its own pre-qualification, certification,
25disclosure, and registration requirements necessary to conduct
26and manage its program operation.

 

 

09800HB5491sam001- 37 -LRB098 18402 HLH 60239 a

1    This Section does not apply to any contract for any project
2as to which federal funds are available for expenditure when
3its provisions may be in conflict with federal law or federal
4regulation.
5(Source: P.A. 97-895, eff. 8-3-12.)
 
6    (30 ILCS 500/15-40 new)
7    Sec. 15-40. Method of notices and reports. Notices and
8reports required by any Section of this Code may be made by
9either paper or electronic means.
 
10    (30 ILCS 500/15-45 new)
11    Sec. 15-45. Computation of days. The time within which any
12act provided in this Code is to be done shall be computed by
13excluding the first day and including the last, unless the last
14day is Saturday or Sunday or is a holiday, and then it shall
15also be excluded. If the day succeeding a Saturday, Sunday, or
16holiday is also a holiday, a Saturday, or a Sunday, then that
17succeeding day shall also be excluded. For the purposes of this
18Code, "holiday" means: New Year's Day; Dr. Martin Luther King,
19Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial
20Day; Independence Day; Labor Day; Columbus Day; Veterans' Day;
21Thanksgiving Day; Christmas Day; and any other day from time to
22time declared by the President of the United States or the
23Governor of Illinois to be a day during which the agencies of
24the State of Illinois that are ordinarily open to do business

 

 

09800HB5491sam001- 38 -LRB098 18402 HLH 60239 a

1with the public shall be closed for business.
 
2    (30 ILCS 500/20-5)
3    Sec. 20-5. Method of source selection. Unless otherwise
4authorized by law, all State contracts shall be awarded by
5competitive sealed bidding, in accordance with Section 20-10,
6except as provided in Sections 20-15, 20-20, 20-25, 20-30,
720-35, 30-15, and 40-20. The chief procurement officers
8appointed pursuant to Section 10-20 may determine the method of
9solicitation and contract for all procurements pursuant to this
10Code.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/20-10)
13    (Text of Section from P.A. 96-159, 96-588, 97-96, and
1497-895)
15    Sec. 20-10. Competitive sealed bidding; reverse auction.
16    (a) Conditions for use. All contracts shall be awarded by
17competitive sealed bidding except as otherwise provided in
18Section 20-5.
19    (b) Invitation for bids. An invitation for bids shall be
20issued and shall include a purchase description and the
21material contractual terms and conditions applicable to the
22procurement.
23    (c) Public notice. Public notice of the invitation for bids
24shall be published in the Illinois Procurement Bulletin at

 

 

09800HB5491sam001- 39 -LRB098 18402 HLH 60239 a

1least 14 calendar days before the date set in the invitation
2for the opening of bids.
3    (d) Bid opening. Bids shall be opened publicly in the
4presence of one or more witnesses at the time and place
5designated in the invitation for bids. The name of each bidder,
6the amount of each bid, and other relevant information as may
7be specified by rule shall be recorded. After the award of the
8contract, the winning bid and the record of each unsuccessful
9bid shall be open to public inspection.
10    (e) Bid acceptance and bid evaluation. Bids shall be
11unconditionally accepted without alteration or correction,
12except as authorized in this Code. Bids shall be evaluated
13based on the requirements set forth in the invitation for bids,
14which may include criteria to determine acceptability such as
15inspection, testing, quality, workmanship, delivery, and
16suitability for a particular purpose. Those criteria that will
17affect the bid price and be considered in evaluation for award,
18such as discounts, transportation costs, and total or life
19cycle costs, shall be objectively measurable. The invitation
20for bids shall set forth the evaluation criteria to be used.
21    (f) Correction or withdrawal of bids. Correction or
22withdrawal of inadvertently erroneous bids before or after
23award, or cancellation of awards of contracts based on bid
24mistakes, shall be permitted in accordance with rules. After
25bid opening, no changes in bid prices or other provisions of
26bids prejudicial to the interest of the State or fair

 

 

09800HB5491sam001- 40 -LRB098 18402 HLH 60239 a

1competition shall be permitted. All decisions to permit the
2correction or withdrawal of bids based on bid mistakes shall be
3supported by written determination made by a State purchasing
4officer.
5    (g) Award. The contract shall be awarded with reasonable
6promptness by written notice to the lowest responsible and
7responsive bidder whose bid meets the requirements and criteria
8set forth in the invitation for bids, except when a State
9purchasing officer determines it is not in the best interest of
10the State and by written explanation determines another bidder
11shall receive the award. The explanation shall appear in the
12appropriate volume of the Illinois Procurement Bulletin. The
13written explanation must include:
14        (1) a description of the agency's needs;
15        (2) a determination that the anticipated cost will be
16    fair and reasonable;
17        (3) a listing of all responsible and responsive
18    bidders; and
19        (4) the name of the bidder selected, the total contract
20    price, and the reasons for selecting that bidder.
21    Each chief procurement officer may adopt guidelines to
22implement the requirements of this subsection (g).
23    The written explanation shall be filed with the Legislative
24Audit Commission and the Procurement Policy Board, and be made
25available for inspection by the public, within 30 calendar days
26after the agency's decision to award the contract.

 

 

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1    (h) Multi-step sealed bidding. When it is considered
2impracticable to initially prepare a purchase description to
3support an award based on price, an invitation for bids may be
4issued requesting the submission of unpriced offers to be
5followed by an invitation for bids limited to those bidders
6whose offers have been qualified under the criteria set forth
7in the first solicitation.
8    (i) Alternative procedures. Notwithstanding any other
9provision of this Act to the contrary, the Director of the
10Illinois Power Agency may create alternative bidding
11procedures to be used in procuring professional services under
12subsection (a) of Section 1-75 and subsection (d) of Section
131-78 of the Illinois Power Agency Act and Section 16-111.5(c)
14of the Public Utilities Act and to procure renewable energy
15resources under Section 1-56 of the Illinois Power Agency Act.
16These alternative procedures shall be set forth together with
17the other criteria contained in the invitation for bids, and
18shall appear in the appropriate volume of the Illinois
19Procurement Bulletin.
20    (j) Reverse auction. Notwithstanding any other provision
21of this Section and in accordance with rules adopted by the
22chief procurement officer, that chief procurement officer may
23procure supplies or services through a competitive electronic
24auction bidding process after the chief procurement officer
25determines that the use of such a process will be in the best
26interest of the State. The chief procurement officer shall

 

 

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

 

 

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1services, communication services, and information services,
2and (iii) contracts for construction projects, including
3design professional services.
4(Source: P.A. 96-159, eff. 8-10-09; 96-588, eff. 8-18-09;
597-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
 
6    (Text of Section from P.A. 96-159, 96-795, 97-96, and
797-895)
8    Sec. 20-10. Competitive sealed bidding; reverse auction.
9    (a) Conditions for use. All contracts shall be awarded by
10competitive sealed bidding except as otherwise provided in
11Section 20-5.
12    (b) Invitation for bids. An invitation for bids shall be
13issued and shall include a purchase description and the
14material contractual terms and conditions applicable to the
15procurement.
16    (c) Public notice. Public notice of the invitation for bids
17shall be published in the Illinois Procurement Bulletin at
18least 14 calendar days before the date set in the invitation
19for the opening of bids.
20    (d) Bid opening. Bids shall be opened publicly in the
21presence of one or more witnesses at the time and place
22designated in the invitation for bids. The name of each bidder,
23the amount of each bid, and other relevant information as may
24be specified by rule shall be recorded. After the award of the
25contract, the winning bid and the record of each unsuccessful

 

 

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1bid shall be open to public inspection.
2    (e) Bid acceptance and bid evaluation. Bids shall be
3unconditionally accepted without alteration or correction,
4except as authorized in this Code. Bids shall be evaluated
5based on the requirements set forth in the invitation for bids,
6which may include criteria to determine acceptability such as
7inspection, testing, quality, workmanship, delivery, and
8suitability for a particular purpose. Those criteria that will
9affect the bid price and be considered in evaluation for award,
10such as discounts, transportation costs, and total or life
11cycle costs, shall be objectively measurable. The invitation
12for bids shall set forth the evaluation criteria to be used.
13    (f) Correction or withdrawal of bids. Correction or
14withdrawal of inadvertently erroneous bids before or after
15award, or cancellation of awards of contracts based on bid
16mistakes, shall be permitted in accordance with rules. After
17bid opening, no changes in bid prices or other provisions of
18bids prejudicial to the interest of the State or fair
19competition shall be permitted. All decisions to permit the
20correction or withdrawal of bids based on bid mistakes shall be
21supported by written determination made by a State purchasing
22officer.
23    (g) Award. The contract shall be awarded with reasonable
24promptness by written notice to the lowest responsible and
25responsive bidder whose bid meets the requirements and criteria
26set forth in the invitation for bids, except when a State

 

 

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1purchasing officer determines it is not in the best interest of
2the State and by written explanation determines another bidder
3shall receive the award. The explanation shall appear in the
4appropriate volume of the Illinois Procurement Bulletin. The
5written explanation must include:
6        (1) a description of the agency's needs;
7        (2) a determination that the anticipated cost will be
8    fair and reasonable;
9        (3) a listing of all responsible and responsive
10    bidders; and
11        (4) the name of the bidder selected, the total contract
12    price, and the reasons for selecting that bidder.
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 days after
18the 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 an invitation for bids limited to those bidders
24whose offers have been qualified under the criteria set forth
25in the first solicitation.
26    (i) Alternative procedures. Notwithstanding any other

 

 

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1provision of this Act to the contrary, the Director of the
2Illinois Power Agency may create alternative bidding
3procedures to be used in procuring professional services under
4subsection (a) of Section 1-75 and subsection (d) of Section
51-78 of the Illinois Power Agency Act and Section 16-111.5(c)
6of the Public Utilities Act and to procure renewable energy
7resources under Section 1-56 of the Illinois Power Agency Act.
8These alternative procedures shall be set forth together with
9the other criteria contained in the invitation for bids, and
10shall appear in the appropriate volume of the Illinois
11Procurement Bulletin.
12    (j) Reverse auction. Notwithstanding any other provision
13of this Section and in accordance with rules adopted by the
14chief procurement officer, that chief procurement officer may
15procure supplies or services through a competitive electronic
16auction bidding process after the chief procurement officer
17determines that the use of such a process will be in the best
18interest of the State. The chief procurement officer shall
19publish that determination in his or her next volume of the
20Illinois Procurement Bulletin.
21    An invitation for bids shall be issued and shall include
22(i) a procurement description, (ii) all contractual terms,
23whenever practical, and (iii) conditions applicable to the
24procurement, including a notice that bids will be received in
25an electronic auction manner.
26    Public notice of the invitation for bids shall be given in

 

 

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1the same manner as provided in subsection (c).
2    Bids shall be accepted electronically at the time and in
3the manner designated in the invitation for bids. During the
4auction, a bidder's price shall be disclosed to other bidders.
5Bidders shall have the opportunity to reduce their bid prices
6during the auction. At the conclusion of the auction, the
7record of the bid prices received and the name of each bidder
8shall be open to public inspection.
9    After the auction period has terminated, withdrawal of bids
10shall be permitted as provided in subsection (f).
11    The contract shall be awarded within 60 calendar days after
12the auction by written notice to the lowest responsible bidder,
13or all bids shall be rejected except as otherwise provided in
14this Code. Extensions of the date for the award may be made by
15mutual written consent of the State purchasing officer and the
16lowest responsible bidder.
17    This subsection does not apply to (i) procurements of
18professional and artistic services, (ii) telecommunications
19services, communication services, and information services,
20and (iii) contracts for construction projects, including
21design professional services.
22(Source: P.A. 96-159, eff. 8-10-09; 96-795, eff. 7-1-10 (see
23Section 5 of P.A. 96-793 for the effective date of changes made
24by P.A. 96-795); 97-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
 
25    (30 ILCS 500/20-15)

 

 

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

 

 

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1offers or proposals. As provided in the request for proposals
2and under rules, discussions may be conducted with responsible
3offerors who submit offers or proposals determined to be
4reasonably susceptible of being selected for award for the
5purpose of clarifying and assuring full understanding of and
6responsiveness to the solicitation requirements. Those
7offerors shall be accorded fair and equal treatment with
8respect to any opportunity for discussion and revision of
9proposals. Revisions may be permitted after submission and
10before award for the purpose of obtaining best and final
11offers. In conducting discussions there shall be no disclosure
12of any information derived from proposals submitted by
13competing offerors. If information is disclosed to any offeror,
14it shall be provided to all competing offerors.
15    (g) Award. Awards shall be made to the responsible offeror
16whose proposal is determined in writing to be the most
17advantageous to the State, taking into consideration price and
18the evaluation factors set forth in the request for proposals.
19The contract file shall contain the basis on which the award is
20made.
21(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
22    (30 ILCS 500/20-25)
23    Sec. 20-25. Sole source procurements.
24    (a) In accordance with standards set by rule, contracts may
25be awarded without use of the specified method of source

 

 

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1selection when there is only one economically feasible source
2for the item. A State contract may be awarded as a sole source
3procurement unless an interested party submits a written
4request for a public hearing at which the chief procurement
5officer and purchasing agency present written justification
6for the procurement method. Any interested party may present
7testimony. A sole source contract where a hearing was requested
8by an interested party may be awarded after the hearing is
9conducted with the approval of the chief procurement officer.
10    (b) This Section may not be used as a basis for amending a
11contract for professional or artistic services if the amendment
12would result in an increase in the amount paid under the
13contract of more than 5% of the initial award, or would extend
14the contract term beyond the time reasonably needed for a
15competitive procurement, not to exceed 2 months.
16    (c) Notice of intent to enter into a sole source contract
17shall be provided to the Procurement Policy Board and published
18in the online electronic Bulletin at least 14 calendar days
19before the public hearing required in subsection (a). The
20notice shall include the sole source procurement justification
21form prescribed by the Board, a description of the item to be
22procured, the intended sole source contractor, and the date,
23time, and location of the public hearing. A copy of the notice
24and all documents provided at the hearing shall be included in
25the subsequent Procurement Bulletin.
26    (d) By August 1 each year, each chief procurement officer

 

 

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1shall file a report with the General Assembly identifying each
2contract the officer sought under the sole source procurement
3method and providing the justification given for seeking sole
4source as the procurement method for each of those contracts.
5(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
6for the effective date of changes made by P.A. 96-795); 96-920,
7eff. 7-1-10; 97-895, eff. 8-3-12.)
 
8    (30 ILCS 500/20-30)
9    Sec. 20-30. Emergency purchases.
10    (a) Conditions for use. In accordance with standards set by
11rule, a purchasing agency may make emergency procurements
12without competitive sealed bidding or prior notice when there
13exists a threat to public health or public safety, or when
14immediate expenditure is necessary for repairs to State
15property in order to protect against further loss of or damage
16to State property, to prevent or minimize serious disruption in
17critical State services that affect health, safety, or
18collection of substantial State revenues, or to ensure the
19integrity of State records; provided, however, that the term of
20the emergency purchase shall be limited to the time reasonably
21needed for a competitive procurement, not to exceed 90 calendar
22days. A contract may be extended beyond 90 calendar days if the
23chief procurement officer determines additional time is
24necessary and that the contract scope and duration are limited
25to the emergency. Prior to execution of the extension, the

 

 

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1chief procurement officer must hold a public hearing and
2provide written justification for all emergency contracts.
3Members of the public may present testimony. Emergency
4procurements shall be made with as much competition as is
5practicable under the circumstances. A written description of
6the basis for the emergency and reasons for the selection of
7the particular contractor shall be included in the contract
8file.
9    (b) Notice. Notice of all emergency procurements shall be
10provided to the Procurement Policy Board and published in the
11online electronic Bulletin no later than 5 calendar 3 business
12days after the contract is awarded. Notice of intent to extend
13an emergency contract shall be provided to the Procurement
14Policy Board and published in the online electronic Bulletin at
15least 14 calendar days before the public hearing. Notice shall
16include at least a description of the need for the emergency
17purchase, the contractor, and if applicable, the date, time,
18and location of the public hearing. A copy of this notice and
19all documents provided at the hearing shall be included in the
20subsequent Procurement Bulletin. Before the next appropriate
21volume of the Illinois Procurement Bulletin, the purchasing
22agency shall publish in the Illinois Procurement Bulletin a
23copy of each written description and reasons and the total cost
24of each emergency procurement made during the previous month.
25When only an estimate of the total cost is known at the time of
26publication, the estimate shall be identified as an estimate

 

 

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1and published. When the actual total cost is determined, it
2shall also be published in like manner before the 10th day of
3the next succeeding month.
4    (c) Affidavits. A chief procurement officer making a
5procurement under this Section shall file affidavits with the
6Procurement Policy Board and the Auditor General within 10
7calendar days after the procurement setting forth the amount
8expended, the name of the contractor involved, and the
9conditions and circumstances requiring the emergency
10procurement. When only an estimate of the cost is available
11within 10 calendar days after the procurement, the actual cost
12shall be reported immediately after it is determined. At the
13end of each fiscal quarter, the Auditor General shall file with
14the Legislative Audit Commission and the Governor a complete
15listing of all emergency procurements reported during that
16fiscal quarter. The Legislative Audit Commission shall review
17the emergency procurements so reported and, in its annual
18reports, advise the General Assembly of procurements that
19appear to constitute an abuse of this Section.
20    (d) Quick purchases. The chief procurement officer may
21promulgate rules extending the circumstances by which a
22purchasing agency may make purchases under this Section,
23including but not limited to the procurement of items available
24at a discount for a limited period of time.
25    (e) The changes to this Section made by this amendatory Act
26of the 96th General Assembly apply to procurements executed on

 

 

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1or after its effective date.
2(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
3for the effective date of changes made by P.A. 96-795).)
 
4    (30 ILCS 500/20-35)
5    Sec. 20-35. Competitive selection procedures.
6    (a) Conditions for use. The services specified in Article
735 shall be procured in accordance with this Section, except as
8authorized under Sections 20-25 and 20-30 of this Article.
9    (b) Statement of qualifications. Respondents Potential
10contractors shall submit statements of qualifications and
11expressions of interest. The chief procurement officer shall
12specify a uniform format for statements of qualifications.
13Persons may amend these statements at any time by filing a new
14statement.
15    (c) Public announcement and form of request for proposals.
16Public notice of the need for the procurement shall be given in
17the form of a request for proposals and published in the
18Illinois Procurement Bulletin at least 14 calendar days before
19the date set in the request for proposals for the opening of
20proposals. The request for proposals shall describe the
21services required, list the type of information and data
22required of each respondent offeror, and state the relative
23importance of particular qualifications.
24    (d) Discussions. The purchasing agency may conduct
25discussions with any respondent offeror who has submitted a

 

 

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1response proposal to determine the respondent's offeror's
2qualifications for further consideration. Discussions shall
3not disclose any information derived from proposals submitted
4by other respondents offerors.
5    (e) Award. Award shall be made to the respondent offeror
6determined in writing by the purchasing agency to be best
7qualified based on the evaluation factors set forth in the
8request for proposals and negotiation of compensation
9determined to be fair and reasonable.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
11    (30 ILCS 500/20-40)
12    Sec. 20-40. Cancellation of invitations for bids or
13requests for proposals. An invitation for bids, a request for
14proposals, or any other solicitation may be cancelled without
15penalty, or any and all bids, offers, or proposals, or any
16other solicitation may be rejected in whole or in part as may
17be specified in the solicitation, when it is in the best
18interests of the State in accordance with rules. The reasons
19for cancellation or rejection shall be made part of the
20contract file.
21(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
22    (30 ILCS 500/20-43)
23    Sec. 20-43. Bidder or offeror authorized to do business in
24Illinois. In addition to meeting any other requirement of law

 

 

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1or rule, a person (other than an individual acting as a sole
2proprietor) may qualify as a bidder or offeror under this Code
3only if the person is a legal entity authorized to transact do
4business or conduct affairs in Illinois prior to submitting the
5bid, offer, or proposal.
6(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
7for the effective date of P.A. 96-795).)
 
8    (30 ILCS 500/20-50)
9    Sec. 20-50. Specifications. Specifications shall be
10prepared in accordance with consistent standards that are
11promulgated by the chief procurement officer and reviewed by
12the Board and the Joint Committee on Administrative Rules.
13Those standards shall include a prohibition against the use of
14brand-name only products, except for products intended for
15retail sale or as specified by rule. All specifications shall
16seek to promote overall economy for the purposes intended and
17encourage competition in satisfying the State's needs and shall
18not be unduly restrictive.
19    A solicitation or specification for a contract or a
20contract, including a contract but not limited to of a college,
21university, or institution under the jurisdiction of a
22governing board listed in Section 1-15.100, may not require,
23stipulate, suggest, or encourage a monetary or other financial
24contribution or donation, cash bonus or incentive, or economic
25investment, or other prohibited conduct as an explicit or

 

 

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1implied term or condition for awarding or completing the
2contract. The contract, solicitation, or specification also
3may not include a requirement that an individual or individuals
4employed by such a college, university, or institution receive
5a consulting contract for professional services.
6    As used in this Section, "prohibited conduct" includes
7requested payments or other consideration by a third party to
8the university or State agency that is not part of the
9solicitation or that is unrelated to the subject matter or
10purpose of the solicitation. "Prohibited conduct" does not
11include a payment from the vendor that is supported by
12additional consideration (such as exclusive rights to sell
13items or rights to advertise), other than the consideration of
14the State's awarding a contract to purchase of goods and
15services.
16(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17for the effective date of changes made by P.A. 96-795).)
 
18    (30 ILCS 500/20-80)
19    Sec. 20-80. Contract files.
20    (a) Written determinations. All written determinations
21required under this Article shall be placed in the contract
22file maintained by the chief procurement officer.
23    (b) Filing with Comptroller. Whenever a grant, defined
24pursuant to accounting standards established by the
25Comptroller, or a contract liability, except for: (1) contracts

 

 

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1paid from personal services, or (2) contracts between the State
2and its employees to defer compensation in accordance with
3Article 24 of the Illinois Pension Code, exceeding $20,000 is
4incurred by any State agency, a copy of the contract, purchase
5order, grant, or lease shall be filed with the Comptroller
6within 30 calendar days thereafter. Beginning January 1, 2013,
7the Comptroller may require that contracts and grants required
8to be filed with the Comptroller under this Section shall be
9filed electronically, unless the agency is incapable of filing
10the contract or grant electronically because it does not
11possess the necessary technology or equipment. Any agency that
12is incapable of electronically filing its contracts or grants
13shall submit a written statement to the Governor and to the
14Comptroller attesting to the reasons for its inability to
15comply. This statement shall include a discussion of what the
16agency needs in order to effectively comply with this Section.
17Prior to requiring electronic filing, the Comptroller shall
18consult with the Governor as to the feasibility of establishing
19mutually agreeable technical standards for the electronic
20document imaging, storage, and transfer of contracts and
21grants, taking into consideration the technology available to
22that agency, best practices, and the technological
23capabilities of State agencies. Nothing in this amendatory Act
24of the 97th General Assembly shall be construed to impede the
25implementation of an Enterprise Resource Planning (ERP)
26system. For each State contract for goods, supplies, or

 

 

09800HB5491sam001- 59 -LRB098 18402 HLH 60239 a

1services awarded on or after July 1, 2010, the contracting
2agency shall provide the applicable rate and unit of
3measurement of the goods, supplies, or services on the contract
4obligation document as required by the Comptroller. If the
5contract obligation document that is submitted to the
6Comptroller contains the rate and unit of measurement of the
7goods, supplies, or services, the Comptroller shall provide
8that information on his or her official website. Any
9cancellation or modification to any such contract liability
10shall be filed with the Comptroller within 30 calendar days of
11its execution.
12    (c) Late filing affidavit. When a contract, purchase order,
13grant, or lease required to be filed by this Section has not
14been filed within 30 calendar days of execution, the
15Comptroller shall refuse to issue a warrant for payment
16thereunder until the agency files with the Comptroller the
17contract, purchase order, grant, or lease and an affidavit,
18signed by the chief executive officer of the agency or his or
19her designee, setting forth an explanation of why the contract
20liability was not filed within 30 calendar days of execution. A
21copy of this affidavit shall be filed with the Auditor General.
22    (d) Timely execution of contracts. No voucher shall be
23submitted to the Comptroller for a warrant to be drawn for the
24payment of money from the State treasury or from other funds
25held by the State Treasurer on account of any contract unless
26the contract is reduced to writing before the services are

 

 

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1performed and filed with the Comptroller. Vendors shall not be
2paid for any goods that were received or services that were
3rendered before the contract was reduced to writing and signed
4by all necessary parties. A chief procurement officer may
5request an exception to this subsection by submitting a written
6statement to the Comptroller and Treasurer setting forth the
7circumstances and reasons why the contract could not be reduced
8to writing before the supplies were received or services were
9performed. A waiver of this subsection must be approved by the
10Comptroller and Treasurer. This Section shall not apply to
11emergency purchases if notice of the emergency purchase is
12filed with the Procurement Policy Board and published in the
13Bulletin as required by this Code.
14    (e) Method of source selection. When a contract is filed
15with the Comptroller under this Section, the Comptroller's file
16shall identify the method of source selection used in obtaining
17the contract.
18(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see
19Section 5 of P.A. 96-793 for the effective date of changes made
20by P.A. 96-795); 96-1000, eff. 7-2-10; 97-932, eff. 8-10-12.)
 
21    (30 ILCS 500/20-95)
22    Sec. 20-95. Donations. Nothing in this Code or in the rules
23promulgated under this Code shall prevent any State agency from
24complying with the terms and conditions of any grant, gift, or
25bequest that calls for the procurement of a particular good or

 

 

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1service or the use of a particular vendor contractor, provided
2that the grant, gift, or bequest provides majority funding for
3the contract.
4(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
5    (30 ILCS 500/20-120)
6    Sec. 20-120. Subcontractors.
7    (a) Any contract granted under this Code shall state
8whether the services of a subcontractor will be used. The
9contract shall include the names and addresses of all known
10subcontractors with subcontracts with an annual value of more
11than $50,000, the general type of work to be performed by these
12subcontractors, and the expected amount of money each will
13receive under the contract. Upon the request of the chief
14procurement officer appointed pursuant to paragraph (2) of
15subsection (a) of Section 10-20, the contractor shall provide
16the chief procurement officer a copy of a subcontract so
17identified within 15 calendar days after the request is made. A
18subcontractor, or contractor on behalf of a subcontractor, may
19identify information that is deemed proprietary or
20confidential. If the chief procurement officer determines the
21information is not relevant to the primary contract, the chief
22procurement officer may excuse the inclusion of the
23information. If the chief procurement officer determines the
24information is proprietary or could harm the business interest
25of the subcontractor, the chief procurement officer may, in his

 

 

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1or her discretion, redact the information. Redacted
2information shall not become part of the public record.
3    (b) If at any time during the term of a contract, a
4contractor adds or changes any subcontractors, he or she shall
5promptly notify, in writing, the chief procurement officer,
6State purchasing officer, or their designee of the names and
7addresses of each new or replaced subcontractor and the general
8type of work to be performed. Upon the request of the chief
9procurement officer appointed pursuant to paragraph (2) of
10subsection (a) of Section 10-20, the contractor shall provide
11the chief procurement officer a copy of any new or amended
12subcontract so identified within 15 calendar days after the
13request is made.
14    (c) In addition to any other requirements of this Code, a
15subcontract subject to this Section must include all of the
16subcontractor's certifications required by Article 50 of the
17Code.
18    (d) This Section applies to procurements solicited on or
19after the effective date of this amendatory Act of the 96th
20General Assembly. The changes made to this Section by this
21amendatory Act of the 97th General Assembly apply to
22procurements solicited on or after the effective date of this
23amendatory Act of the 97th General Assembly.
24(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of P.A. 96-795); 96-920, eff. 7-1-10;
2697-895, eff. 8-3-12.)
 

 

 

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1    (30 ILCS 500/20-155)
2    Sec. 20-155. Solicitation and contract documents.
3    (a) Each chief procurement officer appointed pursuant to
4Section 10-20 shall have the sole authority in their respective
5jurisdiction to develop and distribute uniform documents for
6the solicitation, review, and acceptance of all bids, offers,
7and responses and the award of contracts pursuant to this Code.
8If a chief procurement officer appointed pursuant to Section
910-20 exercises the authority to develop and distribute uniform
10documents for the solicitation, review and acceptance of all
11bids, offers and responses and the award of contracts, then the
12State agency shall use the uniform documents.
13    (b) (a) After award of a contract and subject to provisions
14of the Freedom of Information Act, the procuring agency shall
15make available for public inspection and copying all pre-award,
16post-award, administration, and close-out documents relating
17to that particular contract.
18    (c) (b) A procurement file shall be maintained for all
19contracts, regardless of the method of procurement. The
20procurement file shall contain the basis on which the award is
21made, all submitted bids and proposals, all evaluation
22materials, score sheets and all other documentation related to
23or prepared in conjunction with evaluation, negotiation, and
24the award process. The procurement file shall contain a written
25determination, signed by the chief procurement officer or State

 

 

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1purchasing officer, setting forth the reasoning for the
2contract award decision. The procurement file shall not include
3trade secrets or other competitively sensitive, confidential,
4or proprietary information. The procurement file shall be open
5to public inspection within 7 calendar 7 business days
6following award of the contract.
7(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
8for the effective date of changes made by P.A. 96-795); 97-895,
9eff. 8-3-12.)
 
10    (30 ILCS 500/20-160)
11    Sec. 20-160. Business entities; certification;
12registration with the State Board of Elections.
13    (a) For purposes of this Section, the terms "business
14entity", "contract", "State contract", "contract with a State
15agency", "State agency", "affiliated entity", and "affiliated
16person" have the meanings ascribed to those terms in Section
1750-37.
18    (b) Every bid and offer submitted to and every contract
19executed by the State on or after January 1, 2009 (the
20effective date of Public Act 95-971) and every submission to a
21vendor portal shall contain (1) a certification by the bidder,
22offeror, vendor, or contractor that either (i) the bidder,
23offeror, vendor, or contractor is not required to register as a
24business entity with the State Board of Elections pursuant to
25this Section or (ii) the bidder, offeror, vendor, or contractor

 

 

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1has registered as a business entity with the State Board of
2Elections and acknowledges a continuing duty to update the
3registration and (2) a statement that the contract is voidable
4under Section 50-60 for the bidder's, offeror's, vendor's, or
5contractor's failure to comply with this Section.
6    (c) Within 30 days after the effective date of this
7amendatory Act of the 95th General Assembly, each Each business
8entity (i) whose aggregate bids and proposals on State
9contracts annually total more than $50,000, (ii) whose
10aggregate bids and proposals on State contracts combined with
11the business entity's aggregate annual total value of State
12contracts exceed $50,000, or (iii) whose contracts with State
13agencies, in the aggregate, annually total more than $50,000
14shall register with the State Board of Elections in accordance
15with Section 9-35 of the Election Code. A business entity
16required to register under this subsection shall submit a copy
17of the certificate of registration to the applicable chief
18procurement officer within 90 days after the effective date of
19this amendatory Act of the 95th General Assembly. A business
20entity required to register under this subsection due to item
21(i) or (ii) has a continuing duty to ensure that the
22registration is accurate during the period beginning on the
23date of registration and ending on the day after the date the
24contract is awarded; any change in information must be reported
25to the State Board of Elections 5 business days following such
26change or no later than a day before the contract is awarded,

 

 

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1whichever date is earlier. A business entity required to
2register under this subsection due to item (iii) has a
3continuing duty to ensure that the registration is accurate in
4accordance with subsection (e).
5    (d) Any business entity, not required under subsection (c)
6to register within 30 days after the effective date of this
7amendatory Act of the 95th General Assembly, whose aggregate
8bids and proposals on State contracts annually total more than
9$50,000, or whose aggregate bids and proposals on State
10contracts combined with the business entity's aggregate annual
11total value of State contracts exceed $50,000, shall register
12with the State Board of Elections in accordance with Section
139-35 of the Election Code prior to submitting to a State agency
14the bid or proposal whose value causes the business entity to
15fall within the monetary description of this subsection. A
16business entity required to register under this subsection has
17a continuing duty to ensure that the registration is accurate
18during the period beginning on the date of registration and
19ending on the day after the date the contract is awarded. Any
20change in information must be reported to the State Board of
21Elections within 5 business days following such change or no
22later than a day before the contract is awarded, whichever date
23is earlier.
24    (e) A business entity whose contracts with State agencies,
25in the aggregate, annually total more than $50,000 must
26maintain its registration under this Section and has a

 

 

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1continuing duty to ensure that the registration is accurate for
2the duration of the term of office of the incumbent
3officeholder awarding the contracts or for a period of 2 years
4following the expiration or termination of the contracts,
5whichever is longer. A business entity, required to register
6under this subsection, has a continuing duty to report any
7changes on a quarterly basis to the State Board of Elections
8within 14 calendar 10 business days following the last day of
9January, April, July, and October of each year. Any update
10pursuant to this paragraph that is received beyond that date is
11presumed late and the civil penalty authorized by subsection
12(e) of Section 9-35 of the Election Code (10 ILCS 5/9-35) may
13be assessed.
14    Also, if a business entity required to register under this
15subsection has a pending bid or offer proposal, any change in
16information shall be reported to the State Board of Elections
17within 7 calendar 5 business days following such change or no
18later than a day before the contract is awarded, whichever date
19is earlier.
20    (f) A business entity's continuing duty under this Section
21to ensure the accuracy of its registration includes the
22requirement that the business entity notify the State Board of
23Elections of any change in information, including but not
24limited to changes of affiliated entities or affiliated
25persons.
26    (g) For any bid or offer proposal for a contract with a

 

 

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1State agency by a business entity required to register under
2this Section, the chief procurement officer shall verify that
3the business entity is required to register under this Section
4and is in compliance with the registration requirements on the
5date the bid or offer proposal is due. A chief procurement
6officer shall not accept a bid or offer proposal if the
7business entity is not in compliance with the registration
8requirements as of the date bids or offers proposals are due.
9    (h) A registration, and any changes to a registration, must
10include the business entity's verification of accuracy and
11subjects the business entity to the penalties of the laws of
12this State for perjury.
13    In addition to any penalty under Section 9-35 of the
14Election Code, intentional, willful, or material failure to
15disclose information required for registration shall render
16the contract, bid, offer proposal, or other procurement
17relationship voidable by the chief procurement officer if he or
18she deems it to be in the best interest of the State of
19Illinois.
20    (i) This Section applies regardless of the method of source
21selection used in awarding the contract.
22(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23for the effective date of changes made by P.A. 96-795); 96-848,
24eff. 1-1-10; 97-333, eff. 8-12-11; 97-895, eff. 8-3-12.)
 
25    (30 ILCS 500/25-60)

 

 

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1    Sec. 25-60. Prevailing wage requirements.
2    (a) All services furnished under service contracts of
3$2,000 or more or $200 or more per month and under printing
4contracts shall be subject to the following prevailing wage
5requirements:
6        (1) Not less than the general prevailing wage rate of
7    hourly wages for work of a similar character in the
8    locality in which the work is produced shall be paid by the
9    successful bidder, offeror, or potential contractor vendor
10    to its employees who perform the work on the State
11    contracts. The bidder, or offeror, potential contractor,
12    or contractor in order to be considered to be a responsible
13    bidder, or offeror, potential contractor, or contractor
14    for the purposes of this Code, shall certify to the
15    purchasing agency that wages to be paid to its employees
16    are no less, and fringe benefits and working conditions of
17    employees are not less favorable, than those prevailing in
18    the locality where the contract is to be performed.
19    Prevailing wages and working conditions shall be
20    determined by the Director of the Illinois Department of
21    Labor.
22        (2) Whenever a collective bargaining agreement is in
23    effect between an employer, other than a governmental body,
24    and service or printing employees as defined in this
25    Section who are represented by a responsible organization
26    that is in no way influenced or controlled by the

 

 

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1    management, that agreement and its provisions shall be
2    considered as conditions prevalent in that locality and
3    shall be the minimum requirements taken into consideration
4    by the Director of Labor.
5    (b) As used in this Section, "services" means janitorial
6cleaning services, window cleaning services, building and
7grounds services, site technician services, natural resources
8services, food services, and security services. "Printing"
9means and includes all processes and operations involved in
10printing, including but not limited to letterpress, offset, and
11gravure processes, the multilith method, photographic or other
12duplicating process, the operations of composition,
13platemaking, presswork, and binding, and the end products of
14those processes, methods, and operations. As used in this Code
15"printing" does not include photocopiers used in the course of
16normal business activities, photographic equipment used for
17geographic mapping, or printed matter that is commonly
18available to the general public from contractor inventory.
19    (c) The terms "general prevailing rate of hourly wages",
20"general prevailing rate of wages", or "prevailing rate of
21wages" when used in this Section mean the hourly cash wages
22plus fringe benefits for health and welfare, insurance,
23vacations, and pensions paid generally, in the locality in
24which the work is being performed, to employees engaged in work
25of a similar character.
26    (d) "Locality" shall have the meaning established by rule.

 

 

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1    (e) This Section does not apply to services furnished under
2contracts for professional or artistic services.
3    (f) This Section does not apply to vocational programs of
4training for physically or mentally handicapped persons or to
5sheltered workshops for the severely disabled.
6(Source: P.A. 93-370, eff. 1-1-04.)
 
7    (30 ILCS 500/25-65)
8    Sec. 25-65. Contracts performed outside the United States.
9Prior to contracting or as a requirement of solicitation of any
10State contracts for services as defined in Section 1-15.90,
11whichever is appropriate, potential contractors prospective
12vendors shall disclose in a statement of work where services
13will be performed under that contract, including any
14subcontracts, and whether any services under that contract,
15including any subcontracts, are anticipated to be performed
16outside the United States.
17    In awarding the contract or evaluating the bid or offer,
18the chief procurement officer may consider such disclosure and
19the economic impact to the State of Illinois and its residents.
20    If the chief procurement officer awards a contract to a
21vendor based upon disclosure that work will be performed in the
22United States and during the term of the contract the
23contractor or a subcontractor proceeds to shift work outside of
24the United States, the contractor shall be deemed in breach of
25contract, unless the chief procurement officer shall have first

 

 

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1determined in writing that circumstances require the shift of
2work or that termination of the contract would not be in the
3State's best interest.
4    Nothing in this Section is intended to contravene any
5existing treaty, law, agreement, or regulation of the United
6States.
7    The chief procurement officer appointed pursuant to
8paragraph (4) of subsection (a) of Section 10-20 shall prepare
9and deliver to the General Assembly, no later than September 1,
102015, a report on the impact of outsourcing services for State
11agencies subject to the jurisdiction of the chief procurement
12officer. The report shall include the State's cost of
13procurement and shall identify those contracts where it was
14disclosed that services were provided outside of the United
15States, including a description and value of those services.
16Each State agency subject to the jurisdiction of the chief
17procurement officer appointed pursuant to paragraph (4) of
18subsection (a) of Section 10-20 must provide the chief
19procurement officer the information necessary to comply with
20this Section on or before June 1, 2015. The requirement for
21reporting to the General Assembly shall be satisfied by filing
22copies of the report in the manner provided by Section 3.1 of
23the General Assembly Organization Act.
24    The Department of Central Management Services shall
25prepare and deliver to the General Assembly, no later than
26September 1, 2007, a report on the impact of outsourcing

 

 

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1services on the State's cost of procurement that identifies
2those contracts where it was disclosed that services were
3provided outside of the United States and a description and
4value of those services.
5(Source: P.A. 93-1081, eff. 6-1-05.)
 
6    (30 ILCS 500/25-80)
7    Sec. 25-80. Successor contractor vendor. All service
8contracts shall include a clause requiring the bidder or
9offeror, in order to be considered a responsible bidder or
10offeror for the purposes of this Code, to certify to the
11purchasing agency (i) that it shall offer to assume the
12collective bargaining obligations of the prior employer,
13including any existing collective bargaining agreement with
14the bargaining representative of any existing collective
15bargaining unit or units performing substantially similar work
16to the services covered by the contract subject to its bid or
17offer, and (ii) that it shall offer employment to all employees
18currently employed in any existing bargaining unit performing
19substantially similar work that will be performed by the
20successor vendor.
21    This Section does not apply to heating and air conditioning
22service contracts, plumbing service contracts, and electrical
23service contracts.
24(Source: P.A. 95-314, eff. 1-1-08.)
 

 

 

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1    (30 ILCS 500/30-22)
2    Sec. 30-22. Construction contracts; responsible bidder
3requirements. To be considered a responsible bidder on a
4construction contract for purposes of this Code, a bidder must
5comply with all of the following requirements and must present
6satisfactory evidence of that compliance to the appropriate
7construction agency:
8        (1) The bidder must comply with all applicable laws
9    concerning the bidder's entitlement to conduct business in
10    Illinois.
11        (2) The bidder must comply with all applicable
12    provisions of the Prevailing Wage Act.
13        (3) The bidder must comply with Subchapter VI ("Equal
14    Employment Opportunities") of Chapter 21 of Title 42 of the
15    United States Code (42 U.S.C. 2000e and following) and with
16    Federal Executive Order No. 11246 as amended by Executive
17    Order No. 11375.
18        (4) The bidder must have a valid Federal Employer
19    Identification Number or, if an individual, a valid Social
20    Security Number.
21        (5) The bidder must have a valid certificate of
22    insurance showing the following coverages: general
23    liability, professional liability, product liability,
24    workers' compensation, completed operations, hazardous
25    occupation, and automobile.
26        (6) The bidder and all bidder's subcontractors must

 

 

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1    participate in applicable apprenticeship and training
2    programs approved by and registered with the United States
3    Department of Labor's Bureau of Apprenticeship and
4    Training.
5        (7) For contracts with the Illinois Power Agency, the
6    Director of the Illinois Power Agency may establish
7    additional requirements for responsible bidders. These
8    additional requirements, if established, shall be set
9    forth together with the other criteria contained in the
10    invitation for bids, and shall appear in the appropriate
11    volume of the Illinois Procurement Bulletin.
12        (8) The bidder must certify submit a signed affidavit
13    stating that the bidder will maintain an Illinois office as
14    the primary place of employment for persons employed in the
15    construction authorized by the contract.
16    The provisions of this Section shall not apply to federally
17funded construction projects if such application would
18jeopardize the receipt or use of federal funds in support of
19such a project.
20(Source: P.A. 97-369, eff. 8-15-11.)
 
21    (30 ILCS 500/30-30)
22    Sec. 30-30. Contracts in excess of $250,000. For building
23construction contracts in excess of $250,000, separate
24specifications shall be prepared for all equipment, labor, and
25materials in connection with the following 5 subdivisions of

 

 

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1the work to be performed:
2        (1) plumbing;
3        (2) heating, piping, refrigeration, and automatic
4    temperature control systems, including the testing and
5    balancing of those systems;
6        (3) ventilating and distribution systems for
7    conditioned air, including the testing and balancing of
8    those systems;
9        (4) electric wiring; and
10        (5) general contract work.
11    The specifications must be so drawn as to permit separate
12and independent bidding upon each of the 5 subdivisions of
13work. All contracts awarded for any part thereof shall award
14the 5 subdivisions of work separately to responsible and
15reliable persons, firms, or corporations engaged in these
16classes of work. The contracts, at the discretion of the
17construction agency, may be assigned to the successful bidder
18on the general contract work or to the successful bidder on the
19subdivision of work designated by the construction agency
20before the bidding as the prime subdivision of work, provided
21that all payments will be made directly to the contractors for
22the 5 subdivisions of work upon compliance with the conditions
23of the contract.
24    Until a date 4 years after July 1, 2011, the requirements
25of this Section do not apply to a construction project for
26which the Capital Development Board is the construction agency

 

 

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1if: (i) the project budget is at least $15,000,000; (ii) the
2Capital Development Board has submitted to the Procurement
3Policy Board a written request for a public hearing on waiver
4of the application of the requirements of this Section to that
5project, including its reasons for seeking the waiver and why
6the waiver is in the best interest of the State; (iii) the
7Capital Development Board has posted notice of the waiver
8hearing on its procurement web page and on the online
9Procurement Bulletin at least 15 calendar working days before
10the hearing; (iv) the Procurement Policy Board, after
11conducting the public hearing on the waiver request, reviews
12and approves the request in writing before the award of the
13contract; (v) the successful low bidder has prequalified with
14the Capital Development Board; (vi) the bid of the successful
15low bidder identifies the name of the subcontractor, if any,
16and the bid proposal costs for each of the 5 subdivisions of
17work set forth in this Section; and (vii) the contract entered
18into with the successful bidder provides that no identified
19subcontractor may be terminated without the written consent of
20the Capital Development Board. With respect to any construction
21project described in this paragraph, the Capital Development
22Board shall: (i) provide to the Auditor General an affidavit
23that the waiver of the application of the requirements of this
24Section is in the best interest of the State; (ii) specify in
25writing as a public record that the project shall comply with
26the disadvantaged business practices of the Business

 

 

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1Enterprise for Minorities, Females, and Persons with
2Disabilities Act and the equal employment practices of Section
32-105 of the Illinois Human Rights Act; and (iii) report
4annually to the Governor and the General Assembly on the
5bidding, award, and performance. On and after January 1, 2009
6(the effective date of Public Act 95-758), the Capital
7Development Board may award in each year contracts with an
8aggregate total value of no more than $200,000,000 with respect
9to construction projects described in this paragraph.
10    Until a date 11 years after November 29, 2005 (the
11effective date of Public Act 94-699), the requirements of this
12Section do not apply to the Capitol Building HVAC upgrade
13project if (i) the bid of the successful bidder identifies the
14name of the subcontractor, if any, and the bid proposal costs
15for each of the 5 subdivisions of work set forth in this
16Section, and (ii) the contract entered into with the successful
17bidder provides that no identified subcontractor may be
18terminated without the written consent of the Capital
19Development Board.
20(Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13.)
 
21    (30 ILCS 500/35-30)
22    Sec. 35-30. Awards.
23    (a) All State contracts for professional and artistic
24services, except as provided in this Section, shall be awarded
25using the competitive request for proposal process outlined in

 

 

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1this Section.
2    (b) For each contract offered, the chief procurement
3officer, State purchasing officer, or his or her designee shall
4use the appropriate standard solicitation forms available from
5the chief procurement officer for matters other than
6construction or the higher education chief procurement
7officer.
8    (c) Prepared forms shall be submitted to the chief
9procurement officer for matters other than construction or the
10higher education chief procurement officer, whichever is
11appropriate, for publication in its Illinois Procurement
12Bulletin and circulation to the chief procurement officer for
13matters other than construction or the higher education chief
14procurement officer's list of prequalified vendors. Notice of
15the offer or request for proposal shall appear at least 14
16calendar days before the response to the offer is due.
17    (d) All interested respondents shall return their
18responses to the chief procurement officer for matters other
19than construction or the higher education chief procurement
20officer, whichever is appropriate, which shall open and record
21them. The chief procurement officer for matters other than
22construction or higher education chief procurement officer
23then shall forward the responses, together with any information
24it has available about the qualifications and other State work
25of the respondents.
26    (e) After evaluation, ranking, and selection, the

 

 

09800HB5491sam001- 80 -LRB098 18402 HLH 60239 a

1responsible chief procurement officer, State purchasing
2officer, or his or her designee shall notify the chief
3procurement officer for matters other than construction or the
4higher education chief procurement officer, whichever is
5appropriate, of the successful respondent and shall forward a
6copy of the signed contract for the chief procurement officer
7for matters other than construction or higher education chief
8procurement officer's file. The chief procurement officer for
9matters other than construction or higher education chief
10procurement officer shall publish the names of the responsible
11procurement decision-maker, the agency letting the contract,
12the successful respondent, a contract reference, and value of
13the let contract in the next appropriate volume of the Illinois
14Procurement Bulletin.
15    (f) For all professional and artistic contracts with
16annualized value that exceeds $25,000, evaluation and ranking
17by price are required. Any chief procurement officer or State
18purchasing officer, but not their designees, may select an
19respondent offeror other than the lowest respondent bidder by
20price. In any case, when the contract exceeds the $25,000
21threshold and the lowest respondent bidder is not selected, the
22chief procurement officer or the State purchasing officer shall
23forward together with the contract notice of who the low
24respondent by price bidder was and a written decision as to why
25another was selected to the chief procurement officer for
26matters other than construction or the higher education chief

 

 

09800HB5491sam001- 81 -LRB098 18402 HLH 60239 a

1procurement officer, whichever is appropriate. The chief
2procurement officer for matters other than construction or
3higher education chief procurement officer shall publish as
4provided in subsection (e) of Section 35-30, but shall include
5notice of the chief procurement officer's or State purchasing
6officer's written decision.
7    (g) The chief procurement officer for matters other than
8construction and higher education chief procurement officer
9may each refine, but not contradict, this Section by
10promulgating rules for submission to the Procurement Policy
11Board and then to the Joint Committee on Administrative Rules.
12Any refinement shall be based on the principles and procedures
13of the federal Architect-Engineer Selection Law, Public Law
1492-582 Brooks Act, and the Architectural, Engineering, and Land
15Surveying Qualifications Based Selection Act; except that
16pricing shall be an integral part of the selection process.
17(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
1896-920, eff. 7-1-10.)
 
19    (30 ILCS 500/35-40)
20    Sec. 35-40. Subcontractors.
21    (a) Any contract granted under this Article shall state
22whether the services of a subcontractor will be used. The
23contract shall include the names and addresses of all
24subcontractors with an annual value of more than $50,000, the
25general type of work to be performed by these subcontractors,

 

 

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1and the expected amount of money each will receive under the
2contract. Upon the request of the chief procurement officer
3appointed pursuant to paragraph (2) of subsection (a) of
4Section 10-20, the contractor shall provide the chief
5procurement officer a copy of a subcontract so identified
6within 15 calendar days after the request is made. A
7subcontractor, or contractor on behalf of a subcontractor, may
8identify information that is deemed proprietary or
9confidential. If the chief procurement officer determines the
10information is not relevant to the primary contract, the chief
11procurement officer may excuse the inclusion of the
12information. If the chief procurement officer determines the
13information is proprietary or could harm the business interest
14of the subcontractor, the chief procurement officer may, in his
15or her discretion, redact the information. Redacted
16information shall not become part of the public record.
17    (b) If at any time during the term of a contract, a
18contractor adds or changes any subcontractors, he or she shall
19promptly notify, in writing, the chief procurement officer for
20matters other than construction or the higher education chief
21procurement officer, whichever is appropriate, and the
22responsible State purchasing officer, or their designee of the
23names and addresses and the expected amount of money each new
24or replaced subcontractor will receive. Upon request of the
25chief procurement officer appointed pursuant to paragraph (2)
26of subsection (a) of Section 10-20, the contractor shall

 

 

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1provide the chief procurement officer a copy of any new or
2amended subcontract so identified within 15 calendar days after
3the request is made.
4    (c) In addition to any other requirements of this Code, a
5subcontract subject to this Section must include all of the
6subcontractor's certifications required by Article 50 of this
7Code.
8    (d) For purposes of this Section, the changes made by this
9amendatory Act of the 98th General Assembly apply to
10procurements solicited on or after the effective date of this
11amendatory Act of the 98th General Assembly.
12(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
13    (30 ILCS 500/40-5)
14    Sec. 40-5. Applicability. All leases for real property or
15capital improvements, including office and storage space,
16buildings, and other facilities for State agencies where the
17State is the lessee, shall be procured in accordance with the
18provisions of this Article. All State agencies, with the
19exception of public institutions of higher education, shall, in
20consultation with the Department of Central Management
21Services, evaluate the State's existing lease portfolio prior
22to engaging in a procurement for real property or capital
23improvements.
24(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 

 

 

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1    (30 ILCS 500/40-15)
2    Sec. 40-15. Method of source selection.
3    (a) Request for information. Except as provided in
4subsections (b) and (c), all State contracts for leases of real
5property or capital improvements shall be awarded by a request
6for information process in accordance with Section 40-20.
7    (b) Other methods. A request for information process need
8not be used in procuring any of the following leases:
9        (1) Property of less than 10,000 square feet with rent
10    of less than $100,000 per year.
11        (2) (Blank).
12        (3) Duration of less than one year that cannot be
13    renewed.
14        (4) Specialized space available at only one location.
15        (5) Renewal or extension of a lease; provided that: (i)
16    the chief procurement officer determines in writing that
17    the renewal or extension is in the best interest of the
18    State; (ii) the chief procurement officer submits his or
19    her written determination and the renewal or extension to
20    the Board; (iii) the Board does not object in writing to
21    the renewal or extension within 30 calendar days after its
22    submission; and (iv) the chief procurement officer
23    publishes the renewal or extension in the appropriate
24    volume of the Procurement Bulletin.
25    (c) Leases with governmental units. Leases with other
26governmental units may be negotiated without using the request

 

 

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1for information process when deemed by the chief procurement
2officer to be in the best interest of the State.
3(Source: P.A. 95-647, eff. 10-11-07; 96-920, eff. 7-1-10.)
 
4    (30 ILCS 500/40-20)
5    Sec. 40-20. Request for information.
6    (a) Conditions for use. Leases shall be procured by request
7for information except as otherwise provided in Section 40-15.
8    (b) Form. A request for information shall be issued and
9shall include:
10        (1) the type of property to be leased;
11        (2) the proposed uses of the property;
12        (3) the duration of the lease;
13        (4) the preferred location of the property; and
14        (5) a general description of the configuration
15    desired.
16    (c) Public notice. Public notice of the request for
17information for the availability of real property to lease
18shall be published in the appropriate volume of the Illinois
19Procurement Bulletin at least 14 calendar days before the date
20set forth in the request for receipt of responses and shall
21also be published in similar manner in a newspaper of general
22circulation in the community or communities where the using
23agency is seeking space.
24    (d) Response. The request for information response shall
25consist of written information sufficient to show that the

 

 

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1respondent can meet minimum criteria set forth in the request.
2State purchasing officers may enter into discussions with
3respondents for the purpose of clarifying State needs and the
4information supplied by the respondents. On the basis of the
5information supplied and discussions, if any, a State
6purchasing officer shall make a written determination
7identifying the responses that meet the minimum criteria set
8forth in the request for information. Negotiations shall be
9entered into with all qualified respondents for the purpose of
10securing a lease that is in the best interest of the State. A
11written report of the negotiations shall be retained in the
12lease files and shall include the reasons for the final
13selection. All leases shall be reduced to writing; one copy
14shall be filed with the Comptroller in accordance with the
15provisions of Section 20-80, and one copy shall be filed with
16the Board.
17    When the lowest response by price is not selected, the
18State purchasing officer shall forward to the chief procurement
19officer, along with the lease, notice of the identity of the
20lowest respondent by price and written reasons for the
21selection of a different response. The chief procurement
22officer shall publish the written reasons in the next volume of
23the Illinois Procurement Bulletin.
24    (e) Board review. Upon receipt of (1) any proposed lease of
25real property of 10,000 or more square feet or (2) any proposed
26lease of real property with annual rent payments of $100,000 or

 

 

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1more, the Procurement Policy Board shall have 30 calendar days
2to review the proposed lease. If the Board does not object in
3writing within 30 calendar days, then the proposed lease shall
4become effective according to its terms as submitted. The
5leasing agency shall make any and all materials available to
6the Board to assist in the review process.
7(Source: P.A. 96-1521, eff. 2-14-11.)
 
8    (30 ILCS 500/40-25)
9    Sec. 40-25. Length of leases.
10    (a) Maximum term. Leases shall be for a term not to exceed
1110 years inclusive, beginning January, 1, 2010, of proposed
12contract renewals and shall include a termination option in
13favor of the State after 5 years.
14    (b) Renewal. Leases may include a renewal option. An option
15to renew may be exercised only when a State purchasing officer
16determines in writing that renewal is in the best interest of
17the State and notice of the exercise of the option is published
18in the appropriate volume of the Procurement Bulletin at least
1960 calendar days prior to the exercise of the option.
20    (c) Subject to appropriation. All leases shall recite that
21they are subject to termination and cancellation in any year
22for which the General Assembly fails to make an appropriation
23to make payments under the terms of the lease.
24    (d) Holdover. Beginning January 1, 2010, no lease may
25continue on a month-to-month or other holdover basis for a

 

 

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1total of more than 6 months. Beginning July 1, 2010, the
2Comptroller shall withhold payment of leases beyond this
3holdover period.
4(Source: P.A. 96-15, eff. 6-22-09; 96-795, eff. 7-1-10 (see
5Section 5 of P.A. 96-793 for the effective date of changes made
6by P.A. 96-795).)
 
7    (30 ILCS 500/40-55)
8    Sec. 40-55. Lessor's failure to make improvements. Each
9lease must provide for actual or liquidated damages a penalty
10upon the lessor's failure to make improvements agreed upon in
11the lease. The actual or liquidated damages penalty shall
12consist of a reduction in lease payments equal to the
13corresponding percentage of the improvement value to the lease
14value. The actual or liquidated damages penalty shall continue
15until the lessor complies with the lease and the improvements
16are certified by the chief procurement officer and the leasing
17State agency.
18(Source: P.A. 93-839, eff. 7-30-04.)
 
19    (30 ILCS 500/45-10)
20    Sec. 45-10. Resident bidders and offerors.
21    (a) Amount of preference. When a contract is to be awarded
22to the lowest responsible bidder or offeror, a resident bidder
23or offeror shall be allowed a preference as against a
24non-resident bidder or offeror from any state that gives or

 

 

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1requires a preference to bidders or offerors from that state.
2The preference shall be equal to the preference given or
3required by the state of the non-resident bidder or offeror.
4Further, if only non-resident bidders or offerors are bidding,
5the purchasing agency is within its right to specify that
6Illinois labor and manufacturing locations be used as a part of
7the manufacturing process, if applicable. This specification
8may be negotiated as part of the solicitation process.
9    (b) Residency. A resident bidder or offeror is a person
10authorized to transact business in this State and having a bona
11fide establishment for transacting business within this State
12where it was actually transacting business on the date when any
13bid for a public contract is first advertised or announced. A
14resident bidder or offeror includes a foreign corporation duly
15authorized to transact business in this State that has a bona
16fide establishment for transacting business within this State
17where it was actually transacting business on the date when any
18bid for a public contract is first advertised or announced.
19    (c) Federal funds. This Section does not apply to any
20contract for any project as to which federal funds are
21available for expenditure when its provisions may be in
22conflict with federal law or federal regulation.
23(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
24    (30 ILCS 500/45-20)
25    Sec. 45-20. Recycled supplies. When a public contract is to

 

 

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1be awarded to the lowest responsible bidder or offeror, an
2otherwise qualified bidder or offeror who will fulfill the
3contract through the use of products made of recycled supplies
4may be given preference over other bidders or offerors unable
5to do so, provided that the cost included in the bid of
6supplies made of recycled materials does not constitute an
7undue economic or practical hardship.
8(Source: P.A. 96-197, eff. 1-1-10.)
 
9    (30 ILCS 500/45-30)
10    Sec. 45-30. Illinois Correctional industries.
11Notwithstanding anything to the contrary in other law, the
12chief procurement officer appointed pursuant to paragraph (4)
13of subsection (a) of Section 10-20 of the Department of Central
14Management Services shall, in consultation with Illinois
15Correctional Industries, a division of the Illinois Department
16of Corrections (referred to as the "Illinois Correctional
17Industries" or "ICI") determine for all State agencies which
18articles, materials, industry related services, food stuffs,
19and finished goods that are produced or manufactured by persons
20confined in institutions and facilities of the Department of
21Corrections who are participating in Illinois Correctional
22Industries programs shall be purchased from Illinois
23Correctional Industries. The chief procurement officer
24appointed pursuant to paragraph (4) of subsection (a) of
25Section 10-20 of Central Management Services shall develop and

 

 

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1distribute to the various purchasing and using agencies a
2listing of all Illinois Correctional Industries products and
3procedures for implementing this Section.
4(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
 
5    (30 ILCS 500/45-35)
6    Sec. 45-35. Facilities for persons with severe
7disabilities.
8    (a) Qualification. Supplies and services may be procured
9without advertising or calling for bids from any qualified
10not-for-profit agency for persons with severe disabilities
11that:
12        (1) complies with Illinois laws governing private
13    not-for-profit organizations;
14        (2) is certified as a sheltered workshop by the Wage
15    and Hour Division of the United States Department of Labor
16    or is an accredited vocational program that provides
17    transition services to youth between the ages of 14 1/2 and
18    22 in accordance with individualized education plans under
19    Section 14-8.03 of the School Code and that provides
20    residential services at a child care institution, as
21    defined under Section 2.06 of the Child Care Act of 1969,
22    or at a group home, as defined under Section 2.16 of the
23    Child Care Act of 1969; and
24        (3) meets the applicable Illinois Department of Human
25    Services just standards.

 

 

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1    (b) Participation. To participate, the not-for-profit
2agency must have indicated an interest in providing the
3supplies and services, must meet the specifications and needs
4of the using agency, and must set a fair market price.
5    (c) Committee. There is created within the Department of
6Central Management Services a committee to facilitate the
7purchase of products and services of persons so severely
8disabled by a physical, developmental, or mental disability or
9a combination of any of those disabilities that they cannot
10engage in normal competitive employment. This committee is
11called the State Use Committee. The committee shall consist of
12the Director of the Department of Central Management Services
13or his or her designee, the Director of the Department of Human
14Services or his or her designee, one public member representing
15private business who is knowledgeable of the employment needs
16and concerns of persons with developmental disabilities, one
17public member representing private business who is
18knowledgeable of the needs and concerns of rehabilitation
19facilities, one public member who is knowledgeable of the
20employment needs and concerns of persons with developmental
21disabilities, one public member who is knowledgeable of the
22needs and concerns of rehabilitation facilities, and 2 public
23members from a statewide association that represents
24community-based rehabilitation facilities, all appointed by
25the Governor. The public members shall serve 2 year terms,
26commencing upon appointment and every 2 years thereafter. A

 

 

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1public member may be reappointed, and vacancies shall be filled
2by appointment for the completion of the term. In the event
3there is a vacancy on the Committee, the Governor must make an
4appointment to fill that vacancy within 30 calendar days after
5the notice of vacancy. The members shall serve without
6compensation but shall be reimbursed for expenses at a rate
7equal to that of State employees on a per diem basis by the
8Department of Central Management Services. All members shall be
9entitled to vote on issues before the committee.
10    The committee shall have the following powers and duties:
11        (1) To request from any State agency information as to
12    product specification and service requirements in order to
13    carry out its purpose.
14        (2) To meet quarterly or more often as necessary to
15    carry out its purposes.
16        (3) To request a quarterly report from each
17    participating qualified not-for-profit agency for persons
18    with severe disabilities describing the volume of sales for
19    each product or service sold under this Section.
20        (4) To prepare a report for the Governor and General
21    Assembly no later than December 31 of each year annually.
22    The requirement for reporting to the General Assembly shall
23    be satisfied by following the procedures set forth in
24    Section 3.1 of the General Assembly Organization Act.
25        (5) To prepare a publication that lists all supplies
26    and services currently available from any qualified

 

 

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1    not-for-profit agency for persons with severe
2    disabilities. This list and any revisions shall be
3    distributed to all purchasing agencies.
4        (6) To encourage diversity in supplies and services
5    provided by qualified not-for-profit agencies for persons
6    with severe disabilities and discourage unnecessary
7    duplication or competition among facilities.
8        (7) To develop guidelines to be followed by qualifying
9    agencies for participation under the provisions of this
10    Section. The guidelines shall be developed within 6 months
11    after the effective date of this Code and made available on
12    a nondiscriminatory basis to all qualifying agencies.
13        (8) To review all bids submitted under the provisions
14    of this Section and reject any bid for any purchase that is
15    determined to be substantially more than the purchase would
16    have cost had it been competitively bid.
17        (9) To develop a 5-year plan for increasing the number
18    of products and services purchased from qualified
19    not-for-profit agencies for persons with severe
20    disabilities, including the feasibility of developing
21    mandatory set-aside contracts. This 5-year plan must be
22    developed no later than 180 calendar days after the
23    effective date of this amendatory Act of the 96th General
24    Assembly.
25    (c-5) Conditions for Use. Each chief procurement officer
26shall, in consultation with the State Use Committee, determine

 

 

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1which articles, materials, services, food stuffs, and supplies
2that are produced, manufactured, or provided by persons with
3severe disabilities in qualified not-for-profit agencies shall
4be given preference by purchasing agencies procuring those
5items.
6    (d) Former committee. The committee created under
7subsection (c) shall replace the committee created under
8Section 7-2 of the Illinois Purchasing Act, which shall
9continue to operate until the appointments under subsection (c)
10are made.
11(Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
 
12    (30 ILCS 500/45-45)
13    Sec. 45-45. Small businesses.
14    (a) Set-asides. Each The chief procurement officer has
15authority to designate as small business set-asides a fair
16proportion of construction, supply, and service contracts for
17award to small businesses in Illinois. Advertisements for bids
18or offers for those contracts shall specify designation as
19small business set-asides. In awarding the contracts, only bids
20or offers from qualified small businesses shall be considered.
21    (b) Small business. "Small business" means a business that
22is independently owned and operated and that is not dominant in
23its field of operation. The chief procurement officer shall
24establish a detailed definition by rule, using in addition to
25the foregoing criteria other criteria, including the number of

 

 

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1employees and the dollar volume of business. When computing the
2size status of a potential contractor bidder, annual sales and
3receipts of the potential contractor bidder and all of its
4affiliates shall be included. The maximum number of employees
5and the maximum dollar volume that a small business may have
6under the rules promulgated by the chief procurement officer
7may vary from industry to industry to the extent necessary to
8reflect differing characteristics of those industries, subject
9to the following limitations:
10        (1) No wholesale business is a small business if its
11    annual sales for its most recently completed fiscal year
12    exceed $13,000,000 $10,000,000.
13        (2) No retail business or business selling services is
14    a small business if its annual sales and receipts exceed
15    $8,000,000 $6,000,000.
16        (3) No manufacturing business is a small business if it
17    employs more than 250 persons.
18        (4) No construction business is a small business if its
19    annual sales and receipts exceed $14,000,000 $10,000,000.
20    (c) Fair proportion. For the purpose of subsection (a), for
21State agencies of the executive branch, a fair proportion of
22construction contracts shall be no less than 25% nor more than
2340% of the annual total contracts for construction.
24    (d) Withdrawal of designation. A small business set-aside
25designation may be withdrawn by the purchasing agency when
26deemed in the best interests of the State. Upon withdrawal, all

 

 

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1bids or offers shall be rejected, and the bidders or offerors
2shall be notified of the reason for rejection. The contract
3shall then be awarded in accordance with this Code without the
4designation of small business set-aside.
5    (e) Small business specialist. The chief procurement
6officer shall designate a State purchasing officer who will be
7responsible for engaging an experienced contract negotiator to
8serve as its small business specialist, whose duties shall
9include:
10        (1) Compiling and maintaining a comprehensive bidders
11    list of potential small contractors businesses. In this
12    duty, he or she shall cooperate with the Federal Small
13    Business Administration in locating potential sources for
14    various products and services.
15        (2) Assisting small businesses in complying with the
16    procedures for bidding on State contracts.
17        (3) Examining requests from State agencies for the
18    purchase of property or services to help determine which
19    invitations to bid are to be designated small business
20    set-asides.
21        (4) Making recommendations to the chief procurement
22    officer for the simplification of specifications and terms
23    in order to increase the opportunities for small business
24    participation.
25        (5) Assisting in investigations by purchasing agencies
26    to determine the responsibility of bidders or offerors on

 

 

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1    small business set-asides.
2    (f) Small business annual report. The State purchasing
3officer designated under subsection (e) shall annually before
4December 1 report in writing to the General Assembly concerning
5the awarding of contracts to small businesses. The report shall
6include the total value of awards made in the preceding fiscal
7year under the designation of small business set-aside. The
8report shall also include the total value of awards made to
9businesses owned by minorities, females, and persons with
10disabilities, as defined in the Business Enterprise for
11Minorities, Females, and Persons with Disabilities Act, in the
12preceding fiscal year under the designation of small business
13set-aside.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report as required by
16Section 3.1 of the General Assembly Organization Act.
17(Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
 
18    (30 ILCS 500/45-57)
19    Sec. 45-57. Veterans.
20    (a) Set-aside goal. It is the goal of the State to promote
21and encourage the continued economic development of small
22businesses owned and controlled by qualified veterans and that
23qualified service-disabled veteran-owned small businesses
24(referred to as SDVOSB) and veteran-owned small businesses
25(referred to as VOSB) participate in the State's procurement

 

 

09800HB5491sam001- 99 -LRB098 18402 HLH 60239 a

1process as both prime contractors and subcontractors. Not less
2than 3% of the total dollar amount of State contracts, as
3defined by the Director of Central Management Services, shall
4be established as a goal to be awarded to SDVOSB and VOSB. That
5portion of a contract under which the contractor subcontracts
6with a SDVOSB or VOSB may be counted toward the goal of this
7subsection. The Department of Central Management Services
8shall adopt rules to implement compliance with this subsection
9by all State agencies.
10    (b) Fiscal year reports. By each September 1, each chief
11procurement officer shall report to the Department of Central
12Management Services on all of the following for the immediately
13preceding fiscal year, and by each March 1 the Department of
14Central Management Services shall compile and report that
15information to the General Assembly:
16        (1) The total number of VOSB, and the number of SDVOSB,
17    who submitted bids for contracts under this Code.
18        (2) The total number of VOSB, and the number of SDVOSB,
19    who entered into contracts with the State under this Code
20    and the total value of those contracts.
21    (c) Yearly review and recommendations. Each year, each
22chief procurement officer shall review the progress of all
23State agencies under its jurisdiction in meeting the goal
24described in subsection (a), with input from statewide
25veterans' service organizations and from the business
26community, including businesses owned by qualified veterans,

 

 

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1and shall make recommendations to be included in the Department
2of Central Management Services' report to the General Assembly
3regarding continuation, increases, or decreases of the
4percentage goal. The recommendations shall be based upon the
5number of businesses that are owned by qualified veterans and
6on the continued need to encourage and promote businesses owned
7by qualified veterans.
8    (d) Governor's recommendations. To assist the State in
9reaching the goal described in subsection (a), the Governor
10shall recommend to the General Assembly changes in programs to
11assist businesses owned by qualified veterans.
12    (e) Definitions. As used in this Section:
13    "Armed forces of the United States" means the United States
14Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
15active duty as defined under 38 U.S.C. Section 101. Service in
16the Merchant Marine that constitutes active duty under Section
17401 of federal Public Act 95-202 shall also be considered
18service in the armed forces for purposes of this Section.
19    "Certification" means a determination made by the Illinois
20Department of Veterans' Affairs and the Department of Central
21Management Services that a business entity is a qualified
22service-disabled veteran-owned small business or a qualified
23veteran-owned small business for whatever purpose. A SDVOSB or
24VOSB owned and controlled by females, minorities, or persons
25with disabilities, as those terms are defined in Section 2 of
26the Business Enterprise for Minorities, Females, and Persons

 

 

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1with Disabilities Act, may also select and designate whether
2that business is to be certified as a "female-owned business",
3"minority-owned business", or "business owned by a person with
4a disability", as defined in Section 2 of the Business
5Enterprise for Minorities, Females, and Persons with
6Disabilities Act.
7    "Control" means the exclusive, ultimate, majority, or sole
8control of the business, including but not limited to capital
9investment and all other financial matters, property,
10acquisitions, contract negotiations, legal matters,
11officer-director-employee selection and comprehensive hiring,
12operation responsibilities, cost-control matters, income and
13dividend matters, financial transactions, and rights of other
14shareholders or joint partners. Control shall be real,
15substantial, and continuing, not pro forma. Control shall
16include the power to direct or cause the direction of the
17management and policies of the business and to make the
18day-to-day as well as major decisions in matters of policy,
19management, and operations. Control shall be exemplified by
20possessing the requisite knowledge and expertise to run the
21particular business, and control shall not include simple
22majority or absentee ownership.
23    "Qualified service-disabled veteran" means a veteran who
24has been found to have 10% or more service-connected disability
25by the United States Department of Veterans Affairs or the
26United States Department of Defense.

 

 

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1    "Qualified service-disabled veteran-owned small business"
2or "SDVOSB" means a small business (i) that is at least 51%
3owned by one or more qualified service-disabled veterans living
4in Illinois or, in the case of a corporation, at least 51% of
5the stock of which is owned by one or more qualified
6service-disabled veterans living in Illinois; (ii) that has its
7home office in Illinois; and (iii) for which items (i) and (ii)
8are factually verified annually by the Department of Central
9Management Services.
10    "Qualified veteran-owned small business" or "VOSB" means a
11small business (i) that is at least 51% owned by one or more
12qualified veterans living in Illinois or, in the case of a
13corporation, at least 51% of the stock of which is owned by one
14or more qualified veterans living in Illinois; (ii) that has
15its home office in Illinois; and (iii) for which items (i) and
16(ii) are factually verified annually by the Department of
17Central Management Services.
18    "Service-connected disability" means a disability incurred
19in the line of duty in the active military, naval, or air
20service as described in 38 U.S.C. 101(16).
21    "Small business" means a business that has annual gross
22sales of less than $75,000,000 as evidenced by the federal
23income tax return of the business. A firm with gross sales in
24excess of this cap may apply to the Department of Central
25Management Services for certification for a particular
26contract if the firm can demonstrate that the contract would

 

 

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1have significant impact on SDVOSB or VOSB as suppliers or
2subcontractors or in employment of veterans or
3service-disabled veterans.
4    "State agency" has the same meaning as in Section 2 of the
5Business Enterprise for Minorities, Females, and Persons with
6Disabilities Act.
7    "Time of hostilities with a foreign country" means any
8period of time in the past, present, or future during which a
9declaration of war by the United States Congress has been or is
10in effect or during which an emergency condition has been or is
11in effect that is recognized by the issuance of a Presidential
12proclamation or a Presidential executive order and in which the
13armed forces expeditionary medal or other campaign service
14medals are awarded according to Presidential executive order.
15    "Veteran" means a person who (i) has been a member of the
16armed forces of the United States or, while a citizen of the
17United States, was a member of the armed forces of allies of
18the United States in time of hostilities with a foreign country
19and (ii) has served under one or more of the following
20conditions: (a) the veteran served a total of at least 6
21months; (b) the veteran served for the duration of hostilities
22regardless of the length of the engagement; (c) the veteran was
23discharged on the basis of hardship; or (d) the veteran was
24released from active duty because of a service connected
25disability and was discharged under honorable conditions.
26    (f) Certification program. The Illinois Department of

 

 

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1Veterans' Affairs and the Department of Central Management
2Services shall work together to devise a certification
3procedure to assure that businesses taking advantage of this
4Section are legitimately classified as qualified
5service-disabled veteran-owned small businesses or qualified
6veteran-owned small businesses.
7    (g) Penalties.
8        (1) Administrative penalties. The chief procurement
9    officers appointed pursuant to Section 10-20 Department of
10    Central Management Services shall suspend any person who
11    commits a violation of Section 17-10.3 or subsection (d) of
12    Section 33E-6 of the Criminal Code of 1961 or the Criminal
13    Code of 2012 relating to this Section from bidding on, or
14    participating as a contractor, subcontractor, or supplier
15    in, any State contract or project for a period of not less
16    than 3 years, and, if the person is certified as a
17    service-disabled veteran-owned small business or a
18    veteran-owned small business, then the Department shall
19    revoke the business's certification for a period of not
20    less than 3 years. An additional or subsequent violation
21    shall extend the periods of suspension and revocation for a
22    period of not less than 5 years. The suspension and
23    revocation shall apply to the principals of the business
24    and any subsequent business formed or financed by, or
25    affiliated with, those principals.
26        (2) Reports of violations. Each State agency shall

 

 

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1    report any alleged violation of Section 17-10.3 or
2    subsection (d) of Section 33E-6 of the Criminal Code of
3    1961 or the Criminal Code of 2012 relating to this Section
4    to the chief procurement officers appointed pursuant to
5    Section 10-20 Department of Central Management Services.
6    The chief procurement officers appointed pursuant to
7    Section 10-20 Department of Central Management Services
8    shall subsequently report all such alleged violations to
9    the Attorney General, who shall determine whether to bring
10    a civil action against any person for the violation.
11        (3) List of suspended persons. The chief procurement
12    officers appointed pursuant to Section 10-20 Department of
13    Central Management Services shall monitor the status of all
14    reported violations of Section 17-10.3 or subsection (d) of
15    Section 33E-6 of the Criminal Code of 1961 or the Criminal
16    Code of 2012 relating to this Section and shall maintain
17    and make available to all State agencies a central listing
18    of all persons that committed violations resulting in
19    suspension.
20        (4) Use of suspended persons. During the period of a
21    person's suspension under paragraph (1) of this
22    subsection, a State agency shall not enter into any
23    contract with that person or with any contractor using the
24    services of that person as a subcontractor.
25        (5) Duty to check list. Each State agency shall check
26    the central listing provided by the chief procurement

 

 

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1    officers appointed pursuant to Section 10-20 Department of
2    Central Management Services under paragraph (3) of this
3    subsection to verify that a person being awarded a contract
4    by that State agency, or to be used as a subcontractor or
5    supplier on a contract being awarded by that State agency,
6    is not under suspension pursuant to paragraph (1) of this
7    subsection.
8(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
998-307, eff. 8-12-13.)
 
10    (30 ILCS 500/45-67)
11    Sec. 45-67. Encouragement to hire qualified veterans. A
12chief procurement officer may, as part of any solicitation,
13encourage potential contractors prospective vendors to
14consider hiring qualified veterans and to notify them of any
15available financial incentives or other advantages associated
16with hiring such persons. In establishing internal guidelines
17in furtherance of this Section, the Department of Central
18Management Services may work with an interagency advisory
19committee consisting of representatives from the Department of
20Veterans Affairs, the Department of Employment Security, the
21Department of Commerce and Economic Opportunity, and the
22Department of Revenue and consisting of 8 members of the
23General Assembly, 2 of whom are appointed by the Speaker of the
24House of Representatives, 2 of whom are appointed by the
25President of the Senate, 2 of whom are appointed by the

 

 

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1Minority Leader of the House of Representatives, and 2 of whom
2are appointed by the Minority Leader of the Senate.
3    For the purposes of this Section, "qualified veteran" means
4an Illinois resident who: (i) was a member of the Armed Forces
5of the United States, a member of the Illinois National Guard,
6or a member of any reserve component of the Armed Forces of the
7United States; (ii) served on active duty in connection with
8Operation Desert Storm, Operation Enduring Freedom, or
9Operation Iraqi Freedom; and (iii) was honorably discharged.
10    The Department of Central Management Services must report
11to the Governor and to the General Assembly by December 31 of
12each year on the activities undertaken by chief procurement
13officers and the Department of Central Management Services to
14encourage potential contractors prospective vendors to
15consider hiring qualified veterans. The report must include the
16number of vendors who have hired qualified veterans.
17(Source: P.A. 94-1067, eff. 8-1-06.)
 
18    (30 ILCS 500/45-70)
19    Sec. 45-70. Encouragement to hire ex-offenders. A chief
20procurement officer may, as part of any solicitation, encourage
21potential contractors prospective vendors to consider hiring
22Illinois residents discharged from any Illinois adult
23correctional center, in appropriate circumstances, and to
24notify them of any available financial incentives or other
25advantages associated with hiring such persons. In

 

 

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1establishing internal guidelines in furtherance of this
2Section, the Department of Central Management Services may work
3with an interagency advisory committee consisting of
4representatives from the Department of Corrections, the
5Department of Employment Security, the Department of Juvenile
6Justice, the Department of Commerce and Economic Opportunity,
7and the Department of Revenue and consisting of 8 members of
8the General Assembly, 2 of whom are appointed by the Speaker of
9the House of Representatives, 2 of whom are appointed by the
10President of the Senate, 2 of whom are appointed by the
11Minority Leader of the House of Representatives, and 2 of whom
12are appointed by the Minority Leader of the Senate.
13    The Department of Central Management Services must report
14to the Governor and to the General Assembly by December 31 of
15each year on the activities undertaken by chief procurement
16officers and the Department of Central Management Services to
17encourage potential contractors prospective vendors to
18consider hiring Illinois residents who have been discharged
19from an Illinois adult correctional center. The report must
20include the number of vendors who have hired Illinois residents
21who have been discharged from any Illinois adult correctional
22center.
23(Source: P.A. 94-1067, eff. 8-1-06.)
 
24    (30 ILCS 500/50-5)
25    Sec. 50-5. Bribery.

 

 

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1    (a) Prohibition. No person or business shall be awarded a
2contract or subcontract under this Code who:
3        (1) has been convicted under the laws of Illinois or
4    any other state of bribery or attempting to bribe an
5    officer or employee of the State of Illinois or any other
6    state in that officer's or employee's official capacity; or
7        (2) has made an admission of guilt of that conduct that
8    is a matter of record but has not been prosecuted for that
9    conduct.
10    (b) Businesses. No business shall be barred from
11contracting with any unit of State or local government, or
12subcontracting under such a contract, as a result of a
13conviction under this Section of any employee or agent of the
14business if the employee or agent is no longer employed by the
15business and:
16        (1) the business has been finally adjudicated not
17    guilty; or
18        (2) the business demonstrates to the governmental
19    entity with which it seeks to contract or which is a
20    signatory to the contract to which the subcontract relates,
21    and that entity finds that the commission of the offense
22    was not authorized, requested, commanded, or performed by a
23    director, officer, or high managerial agent on behalf of
24    the business as provided in paragraph (2) of subsection (a)
25    of Section 5-4 of the Criminal Code of 2012.
26    (c) Conduct on behalf of business. For purposes of this

 

 

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1Section, when an official, agent, or employee of a business
2committed the bribery or attempted bribery on behalf of the
3business and in accordance with the direction or authorization
4of a responsible official of the business, the business shall
5be chargeable with the conduct.
6    (d) Certification. Every bid or offer submitted to every to
7and contract executed by the State, and every subcontract
8subject to Section 20-120 of this Code, and every vendor's
9submission to a vendor portal shall contain a certification by
10the bidder, offeror, potential contractor, contractor, or the
11subcontractor, respectively, that the bidder, offeror,
12potential contractor, contractor or subcontractor is not
13barred from being awarded a contract or subcontract under this
14Section and acknowledges that the chief procurement officer may
15declare the related contract void if any certifications
16required by this Section are false. If the false certification
17is made by a subcontractor, then the contractor's submitted bid
18or offer and the executed contract may not be declared void,
19unless the contractor refuses to terminate the subcontract upon
20the State's request after a finding that the subcontract's
21certification was false. A bidder, offeror, potential
22contractor, contractor, or subcontractor who makes a false
23statement, material to the certification, commits a Class 3
24felony.
25(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
26for the effective date of changes made by P.A. 96-795); 97-895,

 

 

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1eff. 8-3-12; 97-1150, eff. 1-25-13.)
 
2    (30 ILCS 500/50-10)
3    Sec. 50-10. Felons.
4    (a) Unless otherwise provided, no person or business
5convicted of a felony shall do business with the State of
6Illinois or any State agency, or enter into a subcontract, from
7the date of conviction until 5 years after the date of
8completion of the sentence for that felony, unless no person
9held responsible by a prosecutorial office for the facts upon
10which the conviction was based continues to have any
11involvement with the business.
12    (b) Every bid or offer submitted to the State, every and
13contract executed by the State, and every subcontract subject
14to Section 20-120 of this Code, and every vendor's submission
15to a vendor portal shall contain a certification by the bidder,
16offeror, potential contractor, or contractor, or
17subcontractor, respectively, that the bidder, offeror,
18potential contractor, contractor, or subcontractor is not
19barred from being awarded a contract or subcontract under this
20Section and acknowledges that the chief procurement officer may
21declare the related contract void if any of the certifications
22required by this Section are false. If the false certification
23is made by a subcontractor, then the contractor's submitted bid
24or offer and the executed contract may not be declared void,
25unless the contractor refuses to terminate the subcontract upon

 

 

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1the State's request after a finding that the subcontract's
2certification was false.
3(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
4for the effective date of changes made by P.A. 96-795); 97-895,
5eff. 8-3-12.)
 
6    (30 ILCS 500/50-10.5)
7    Sec. 50-10.5. Prohibited bidders, offerors, potential
8contractors, and contractors.
9    (a) Unless otherwise provided, no business shall bid,
10offer, or enter into a contract or subcontract under this Code,
11or make a submission to a vendor portal if the business or any
12officer, director, partner, or other managerial agent of the
13business has been convicted of a felony under the
14Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
15the Illinois Securities Law of 1953 for a period of 5 years
16from the date of conviction.
17    (b) Every bid and offer submitted to the State, every and
18contract executed by the State, every vendor's submission to a
19vendor portal, and every subcontract subject to Section 20-120
20of this Code shall contain a certification by the bidder,
21offeror, potential contractor, contractor, or subcontractor,
22respectively, that the bidder, offeror, potential contractor,
23contractor, or subcontractor is not barred from being awarded a
24contract or subcontract under this Section and acknowledges
25that the chief procurement officer shall declare the related

 

 

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1contract void if any of the certifications completed pursuant
2to this subsection (b) are false. If the false certification is
3made by a subcontractor, then the contractor's submitted bid or
4offer and the executed contract may not be declared void,
5unless the contractor refuses to terminate the subcontract upon
6the State's request after a finding that the subcontract's
7certification was false.
8    (c) If a business is not a natural person, the prohibition
9in subsection (a) applies only if:
10        (1) the business itself is convicted of a felony
11    referenced in subsection (a); or
12        (2) the business is ordered to pay punitive damages
13    based on the conduct of any officer, director, partner, or
14    other managerial agent who has been convicted of a felony
15    referenced in subsection (a).
16    (d) A natural person who is convicted of a felony
17referenced in subsection (a) remains subject to Section 50-10.
18    (e) No person or business shall bid, offer, make a
19submission to a vendor portal, or enter into a contract under
20this Code if the person or business assisted an employee of the
21State of Illinois, who, by the nature of his or her duties, has
22the authority to participate personally and substantially in
23the decision to award a State contract, by reviewing, drafting,
24directing, or preparing any invitation for bids, a request for
25proposal, or request for information or provided similar
26assistance except as part of a publicly issued opportunity to

 

 

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1review drafts of all or part of these documents.
2    This subsection does not prohibit a person or business from
3submitting a bid or offer or proposal or entering into a
4contract if the person or business: (i) initiates a
5communication with an employee to provide general information
6about products, services, or industry best practices and, if
7applicable, that communication is documented in accordance
8with Section 50-39 or (ii) responds to a communication
9initiated by an employee of the State for the purposes of
10providing information to evaluate new products, trends,
11services, or technologies.
12    Nothing in this Section prohibits a vendor developing
13technology, goods, or services from bidding or offering to
14supply that technology or those goods or services if the
15subject demonstrated to the State represents industry trends
16and innovation and is not specifically designed to meet the
17State's needs.
18    For purposes of this subsection (e), "business" includes
19all individuals with whom a business is affiliated, including,
20but not limited to, any officer, agent, employee, consultant,
21independent contractor, director, partner, or manager, or
22shareholder of a business.
23    No person or business shall submit specifications to a
24State agency unless requested to do so by an employee of the
25State. No person or business who contracts with a State agency
26to write specifications for a particular procurement need shall

 

 

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1submit a bid or proposal or receive a contract for that
2procurement need.
3(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
4for the effective date of changes made by P.A. 96-795); 96-920,
5eff. 7-1-10; 97-895, eff. 8-3-12.)
 
6    (30 ILCS 500/50-11)
7    Sec. 50-11. Debt delinquency.
8    (a) No person shall submit a bid or offer for, or enter
9into a contract or subcontract under this Code, or make a
10submission to a vendor portal if that person knows or should
11know that he or she or any affiliate is delinquent in the
12payment of any debt to the State, unless the person or
13affiliate has entered into a deferred payment plan to pay off
14the debt. For purposes of this Section, the phrase "delinquent
15in the payment of any debt" shall be determined by the Debt
16Collection Bureau. For purposes of this Section, the term
17"affiliate" means any entity that (1) directly, indirectly, or
18constructively controls another entity, (2) is directly,
19indirectly, or constructively controlled by another entity, or
20(3) is subject to the control of a common entity. For purposes
21of this subsection (a), a person controls an entity if the
22person owns, directly or individually, more than 10% of the
23voting securities of that entity. As used in this subsection
24(a), the term "voting security" means a security that (1)
25confers upon the holder the right to vote for the election of

 

 

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1members of the board of directors or similar governing body of
2the business or (2) is convertible into, or entitles the holder
3to receive upon its exercise, a security that confers such a
4right to vote. A general partnership interest is a voting
5security.
6    (b) Every bid and offer submitted to the State, every
7vendor's submission to a vendor portal, every and contract
8executed by the State and every subcontract subject to Section
920-120 of this Code shall contain a certification by the
10bidder, offeror, potential contractor, contractor, or
11subcontractor, respectively, that the bidder, offeror,
12respondent, potential contractor, contractor or the
13subcontractor and its affiliate is not barred from being
14awarded a contract or subcontract under this Section and
15acknowledges that the chief procurement officer may declare the
16related contract void if any of the certifications completed
17pursuant to this subsection (b) are false. If the false
18certification is made by a subcontractor, then the contractor's
19submitted bid or offer and the executed contract may not be
20declared void, unless the contractor refuses to terminate the
21subcontract upon the State's request after a finding that the
22subcontract's certification was false.
23(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
24Section 5 of P.A. 96-793 for effective date of changes made by
25P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
 

 

 

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1    (30 ILCS 500/50-12)
2    Sec. 50-12. Collection and remittance of Illinois Use Tax.
3    (a) No person shall enter into a contract with a State
4agency or enter into a subcontract under this Code unless the
5person and all affiliates of the person collect and remit
6Illinois Use Tax on all sales of tangible personal property
7into the State of Illinois in accordance with the provisions of
8the Illinois Use Tax Act regardless of whether the person or
9affiliate is a "retailer maintaining a place of business within
10this State" as defined in Section 2 of the Use Tax Act. For
11purposes of this Section, the term "affiliate" means any entity
12that (1) directly, indirectly, or constructively controls
13another entity, (2) is directly, indirectly, or constructively
14controlled by another entity, or (3) is subject to the control
15of a common entity. For purposes of this subsection (a), an
16entity controls another entity if it owns, directly or
17individually, more than 10% of the voting securities of that
18entity. As used in this subsection (a), the term "voting
19security" means a security that (1) confers upon the holder the
20right to vote for the election of members of the board of
21directors or similar governing body of the business or (2) is
22convertible into, or entitles the holder to receive upon its
23exercise, a security that confers such a right to vote. A
24general partnership interest is a voting security.
25    (b) Every bid and offer submitted to the State, every
26submission to a vendor portal, every and contract executed by

 

 

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1the State and every subcontract subject to Section 20-120 of
2this Code shall contain a certification by the bidder, offeror,
3potential contractor contractor, or subcontractor,
4respectively, that the bidder, offeror, respondent, potential
5contractor, contractor, or subcontractor is not barred from
6bidding for or entering into a contract under subsection (a) of
7this Section and acknowledges that the chief procurement
8officer may declare the related contract void if any of the
9certifications completed pursuant to this subsection (b) are
10false. If the false certification is made by a subcontractor,
11then the contractor's submitted bid or offer and the executed
12contract may not be declared void, unless the contractor
13refuses to terminate the subcontract upon the State's request
14after a finding that the subcontract's certification was false.
15(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
16for the effective date of changes made by P.A. 96-795); 97-895,
17eff. 8-3-12.)
 
18    (30 ILCS 500/50-13)
19    Sec. 50-13. Conflicts of interest.
20    (a) Prohibition. It is unlawful for any person holding an
21elective office in this State, holding a seat in the General
22Assembly, or appointed to or employed in any of the offices or
23agencies of State government and who receives compensation for
24such employment in excess of 60% of the salary of the Governor
25of the State of Illinois, or who is an officer or employee of

 

 

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1the Capital Development Board or the Illinois Toll Highway
2Authority, or who is the spouse or minor child of any such
3person to have or acquire any contract, or any direct pecuniary
4interest in any contract therein, whether for stationery,
5printing, paper, or any services, materials, or supplies, that
6will be wholly or partially satisfied by the payment of funds
7appropriated by the General Assembly of the State of Illinois
8or in any contract of the Capital Development Board or the
9Illinois Toll Highway Authority.
10    (b) Interests. It is unlawful for any firm, partnership,
11association, or corporation, in which any person listed in
12subsection (a) is entitled to receive (i) more than 7 1/2% of
13the total distributable income or (ii) an amount in excess of
14the salary of the Governor, to have or acquire any such
15contract or direct pecuniary interest therein.
16    (c) Combined interests. It is unlawful for any firm,
17partnership, association, or corporation, in which any person
18listed in subsection (a) together with his or her spouse or
19minor children is entitled to receive (i) more than 15%, in the
20aggregate, of the total distributable income or (ii) an amount
21in excess of 2 times the salary of the Governor, to have or
22acquire any such contract or direct pecuniary interest therein.
23    (c-5) Appointees and firms. In addition to any provisions
24of this Code, the interests of certain appointees and their
25firms are subject to Section 3A-35 of the Illinois Governmental
26Ethics Act.

 

 

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1    (d) Securities. Nothing in this Section invalidates the
2provisions of any bond or other security previously offered or
3to be offered for sale or sold by or for the State of Illinois.
4    (e) Prior interests. This Section does not affect the
5validity of any contract made between the State and an officer
6or employee of the State or member of the General Assembly, his
7or her spouse, minor child, or other immediate family member
8living in his or her residence or any combination of those
9persons if that contract was in existence before his or her
10election or employment as an officer, member, or employee. The
11contract is voidable, however, if it cannot be completed within
12365 calendar days after the officer, member, or employee takes
13office or is employed.
14    (f) Exceptions.
15        (1) Public aid payments. This Section does not apply to
16    payments made for a public aid recipient.
17        (2) Teaching. This Section does not apply to a contract
18    for personal services as a teacher or school administrator
19    between a member of the General Assembly or his or her
20    spouse, or a State officer or employee or his or her
21    spouse, and any school district, public community college
22    district, the University of Illinois, Southern Illinois
23    University, Illinois State University, Eastern Illinois
24    University, Northern Illinois University, Western Illinois
25    University, Chicago State University, Governor State
26    University, or Northeastern Illinois University.

 

 

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1        (3) Ministerial duties. This Section does not apply to
2    a contract for personal services of a wholly ministerial
3    character, including but not limited to services as a
4    laborer, clerk, typist, stenographer, page, bookkeeper,
5    receptionist, or telephone switchboard operator, made by a
6    spouse or minor child of an elective or appointive State
7    officer or employee or of a member of the General Assembly.
8        (4) Child and family services. This Section does not
9    apply to payments made to a member of the General Assembly,
10    a State officer or employee, his or her spouse or minor
11    child acting as a foster parent, homemaker, advocate, or
12    volunteer for or in behalf of a child or family served by
13    the Department of Children and Family Services.
14        (5) Licensed professionals. Contracts with licensed
15    professionals, provided they are competitively bid or part
16    of a reimbursement program for specific, customary goods
17    and services through the Department of Children and Family
18    Services, the Department of Human Services, the Department
19    of Healthcare and Family Services, the Department of Public
20    Health, or the Department on Aging.
21    (g) Penalty. A person convicted of a violation of this
22Section is guilty of a business offense and shall be fined not
23less than $1,000 nor more than $5,000.
24(Source: P.A. 95-331, eff. 8-21-07.)
 
25    (30 ILCS 500/50-14)

 

 

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1    Sec. 50-14. Environmental Protection Act violations.
2    (a) Unless otherwise provided, no person or business found
3by a court or the Pollution Control Board to have committed a
4willful or knowing violation of the Environmental Protection
5Act shall do business with the State of Illinois or any State
6agency or enter into a subcontract that is subject to this Code
7from the date of the order containing the finding of violation
8until 5 years after that date, unless the person or business
9can show that no person involved in the violation continues to
10have any involvement with the business.
11    (b) A person or business otherwise barred from doing
12business with the State of Illinois or any State agency or
13subcontracting under this Code by subsection (a) may be allowed
14to do business with the State of Illinois or any State agency
15if it is shown that there is no practicable alternative to the
16State to contracting with that person or business.
17    (c) Every bid or offer submitted to the State, every and
18contract executed by the State, every submission to a vendor
19portal, and every subcontract subject to Section 20-120 of this
20Code shall contain a certification by the bidder, offeror,
21potential contractor, contractor, or subcontractor,
22respectively, that the bidder, offeror, potential contractor,
23contractor, or subcontractor is not barred from being awarded a
24contract or subcontract under this Section and acknowledges
25that the contracting State agency may declare the related
26contract void if any of the certifications completed pursuant

 

 

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1to this subsection (c) are false. If the false certification is
2made by a subcontractor, then the contractor's submitted bid or
3offer and the executed contract may not be declared void,
4unless the contractor refuses to terminate the subcontract upon
5the State's request after a finding that the subcontract's
6certification was false.
7(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
8for the effective date of changes made by P.A. 96-795); 97-895,
9eff. 8-3-12.)
 
10    (30 ILCS 500/50-20)
11    Sec. 50-20. Exemptions. The appropriate chief procurement
12officer may file a request with the Executive Ethics Commission
13to exempt named individuals from the prohibitions of Section
1450-13 when, in his or her judgment, the public interest in
15having the individual in the service of the State outweighs the
16public policy evidenced in that Section. The Executive Ethics
17Commission may grant an exemption after a public hearing at
18which any person may present testimony. The chief procurement
19officer shall publish notice of the date, time, and location of
20the hearing in the online electronic Bulletin at least 14
21calendar days prior to the hearing and provide notice to the
22individual subject to the waiver and the Procurement Policy
23Board. The Executive Ethics Commission shall also provide
24public notice of the date, time, and location of the hearing on
25its website. If the Commission grants an exemption, the

 

 

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1exemption is effective only if it is filed with the Secretary
2of State and the Comptroller prior to the execution of any
3contract and includes a statement setting forth the name of the
4individual and all the pertinent facts that would make that
5Section applicable, setting forth the reason for the exemption,
6and declaring the individual exempted from that Section. Notice
7of each exemption shall be published in the Illinois
8Procurement Bulletin. A contract for which a waiver has been
9issued but has not been filed in accordance with this Section
10is voidable by the State. The changes to this Section made by
11this amendatory Act of the 96th General Assembly shall apply to
12exemptions granted on or after its effective date.
13(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
14for the effective date of changes made by P.A. 96-795).)
 
15    (30 ILCS 500/50-25)
16    Sec. 50-25. Inducement. Any person who offers or pays any
17money or other valuable thing to any person to induce him or
18her not to provide a submission to a vendor portal, bid, or
19submit an offer for a State contract or as recompense for not
20having bid on or submitted an offer for a State contract or
21provided a submission to a vendor portal is guilty of a Class 4
22felony. Any person who accepts any money or other valuable
23thing for not bidding or submitting an offer for a State
24contract, not making a submission to a vendor portal, or who
25withholds a bid, offer, or submission to vendor portal in

 

 

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1consideration of the promise for the payment of money or other
2valuable thing is guilty of a Class 4 felony.
3(Source: P.A. 90-572, eff. 2-6-98.)
 
4    (30 ILCS 500/50-35)
5    Sec. 50-35. Financial disclosure and potential conflicts
6of interest.
7    (a) All bids and offers from responsive bidders, or
8offerors, vendors, or contractors with an annual value of more
9than $50,000, and all submissions to a vendor portal, $25,000
10shall be accompanied by disclosure of the financial interests
11of the contractor, bidder, offeror, potential contractor, or
12contractor or proposer and each subcontractor to be used. In
13addition, all subcontracts identified as provided by Section
1420-120 of this Code with an annual value of more than $50,000
15shall be accompanied by disclosure of the financial interests
16of each subcontractor. The financial disclosure of each
17successful bidder, offeror, potential contractor, or
18contractor bidder or offeror and its subcontractors shall be
19incorporated as a material term of the contract and shall
20become part of the publicly available contract or procurement
21file maintained by the appropriate chief procurement officer.
22Each disclosure under this Section shall be signed and made
23under penalty of perjury by an authorized officer or employee
24on behalf of the bidder, offeror, potential contractor,
25contractor, or subcontractor bidder or offeror, and must be

 

 

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1filed with the Procurement Policy Board.
2    (b) Disclosure shall include any ownership or distributive
3income share that is in excess of 5%, or an amount greater than
460% of the annual salary of the Governor, of the disclosing
5entity or its parent entity, whichever is less, unless the
6contractor, bidder, offeror, potential contractor, contractor,
7or subcontractor (i) is a publicly traded entity subject to
8Federal 10K reporting, in which case it may submit its 10K
9disclosure in place of the prescribed disclosure, or (ii) is a
10privately held entity that is exempt from Federal 10k reporting
11but has more than 100 200 shareholders, in which case it may
12submit the information that Federal 10k reporting companies are
13required to report under 17 CFR 229.401 and list the names of
14any person or entity holding any ownership share that is in
15excess of 5% in place of the prescribed disclosure. The form of
16disclosure shall be prescribed by the applicable chief
17procurement officer and must include at least the names,
18addresses, and dollar or proportionate share of ownership of
19each person identified in this Section, their instrument of
20ownership or beneficial relationship, and notice of any
21potential conflict of interest resulting from the current
22ownership or beneficial relationship of each individual person
23identified in this Section having in addition any of the
24following relationships:
25        (1) State employment, currently or in the previous 3
26    years, including contractual employment of services.

 

 

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1        (2) State employment of spouse, father, mother, son, or
2    daughter, including contractual employment for services in
3    the previous 2 years.
4        (3) Elective status; the holding of elective office of
5    the State of Illinois, the government of the United States,
6    any unit of local government authorized by the Constitution
7    of the State of Illinois or the statutes of the State of
8    Illinois currently or in the previous 3 years.
9        (4) Relationship to anyone holding elective office
10    currently or in the previous 2 years; spouse, father,
11    mother, son, or daughter.
12        (5) Appointive office; the holding of any appointive
13    government office of the State of Illinois, the United
14    States of America, or any unit of local government
15    authorized by the Constitution of the State of Illinois or
16    the statutes of the State of Illinois, which office
17    entitles the holder to compensation in excess of expenses
18    incurred in the discharge of that office currently or in
19    the previous 3 years.
20        (6) Relationship to anyone holding appointive office
21    currently or in the previous 2 years; spouse, father,
22    mother, son, or daughter.
23        (7) Employment, currently or in the previous 3 years,
24    as or by any registered lobbyist of the State government.
25        (8) Relationship to anyone who is or was a registered
26    lobbyist in the previous 2 years; spouse, father, mother,

 

 

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1    son, or daughter.
2        (9) Compensated employment, currently or in the
3    previous 3 years, by any registered election or re-election
4    committee registered with the Secretary of State or any
5    county clerk in the State of Illinois, or any political
6    action committee registered with either the Secretary of
7    State or the Federal Board of Elections.
8        (10) Relationship to anyone; spouse, father, mother,
9    son, or daughter; who is or was a compensated employee in
10    the last 2 years of any registered election or re-election
11    committee registered with the Secretary of State or any
12    county clerk in the State of Illinois, or any political
13    action committee registered with either the Secretary of
14    State or the Federal Board of Elections.
15    (b-1) The disclosure required under this Section must also
16include the name and address of each lobbyist required to
17register under the Lobbyist Registration Act and other agent of
18the bidder or offeror, potential contractor, contractor, or
19subcontractor who is not identified under subsections (a) and
20(b) and who has communicated, is communicating, or may
21communicate with any State officer or employee concerning the
22bid or offer. The disclosure under this subsection is a
23continuing obligation and must be promptly supplemented for
24accuracy throughout the process and throughout the term of the
25contract if the bid or offer is successful.
26    (b-2) The disclosure required under this Section must also

 

 

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1include, for each of the persons identified in subsection (b)
2or (b-1), each of the following that occurred within the
3previous 10 years: suspension or debarment from contracting
4with any governmental entity; professional licensure
5discipline; bankruptcies; adverse civil judgments and
6administrative findings; and criminal felony convictions. The
7disclosure under this subsection is a continuing obligation and
8must be promptly supplemented for accuracy throughout the
9process and throughout the term of the contract if the bid or
10offer is successful.
11    (c) The disclosure in subsection (b) is not intended to
12prohibit or prevent any contract. The disclosure is meant to
13fully and publicly disclose any potential conflict to the chief
14procurement officers, State purchasing officers, their
15designees, and executive officers so they may adequately
16discharge their duty to protect the State.
17    (d) When a potential for a conflict of interest is
18identified, discovered, or reasonably suspected, the chief
19procurement officer or State procurement officer shall send the
20contract to the Procurement Policy Board. In accordance with
21the objectives of subsection (c), if the Procurement Policy
22Board finds evidence of a potential conflict of interest not
23originally disclosed by the bidder, offeror, potential
24contractor, contractor, or subcontractor, the Board shall
25provide written notice to the bidder, offeror, potential
26contractor, contractor, or subcontractor that is identified,

 

 

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1discovered, or reasonably suspected of having a potential
2conflict of interest. The bidder, offeror, potential
3contractor, contractor, or subcontractor shall have 15
4calendar days to respond in writing to the Board, and a hearing
5before the Board will be granted upon request by the bidder,
6offeror, potential contractor, contractor, contractor's or
7subcontractor subcontractor's request, at a date and time to be
8determined by the Board, but which in no event shall occur
9later than 15 calendar days after the date of the request. Upon
10consideration, the Board shall recommend, in writing, whether
11to allow or void the contract, bid, offer, or subcontract
12weighing the best interest of the State of Illinois. All
13recommendations shall be submitted to the Executive Ethics
14Commission. The Executive Ethics Commission must hold a public
15hearing within 30 calendar days after receiving the Board's
16recommendation if the Procurement Policy Board makes a
17recommendation to (i) void a contract or (ii) void a bid or
18offer and the chief procurement officer selected or intends to
19award the contract to the bidder, or offeror, or potential
20contractor. A chief procurement officer is prohibited from
21awarding a contract before a hearing if the Board
22recommendation does not support a bid or offer. The
23recommendation and proceedings of any hearing, if applicable,
24shall be available to the public.
25    (e) These thresholds and disclosure do not relieve the
26chief procurement officer, the State purchasing officer, or

 

 

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1their designees from reasonable care and diligence for any
2contract, bid, offer, or submission to a vendor portal or
3proposal. The chief procurement officer, the State purchasing
4officer, or their designees shall be responsible for using any
5reasonably known and publicly available information to
6discover any undisclosed potential conflict of interest and act
7to protect the best interest of the State of Illinois.
8    (f) Inadvertent or accidental failure to fully disclose
9shall render the contract, bid, offer, proposal, subcontract,
10or relationship voidable by the chief procurement officer if he
11or she deems it in the best interest of the State of Illinois
12and, at his or her discretion, may be cause for barring from
13future contracts, bids, offers, proposals, subcontracts, or
14relationships with the State for a period of up to 2 years.
15    (g) Intentional, willful, or material failure to disclose
16shall render the contract, bid, offer, proposal, subcontract,
17or relationship voidable by the chief procurement officer if he
18or she deems it in the best interest of the State of Illinois
19and shall result in debarment from future contracts, bids,
20offers, proposals, subcontracts, or relationships for a period
21of not less than 2 years and not more than 10 years.
22Reinstatement after 2 years and before 10 years must be
23reviewed and commented on in writing by the Governor of the
24State of Illinois, or by an executive ethics board or
25commission he or she might designate. The comment shall be
26returned to the responsible chief procurement officer who must

 

 

09800HB5491sam001- 132 -LRB098 18402 HLH 60239 a

1rule in writing whether and when to reinstate.
2    (h) In addition, all disclosures shall note any other
3current or pending contracts, bids, offers, proposals,
4subcontracts, leases, or other ongoing procurement
5relationships the bidder bidding, offeror, potential
6contractor, contractor proposing, offering, or subcontractor
7subcontracting entity has with any other unit of State
8government and shall clearly identify the unit and the
9contract, offer, proposal, lease, or other relationship.
10    (i) The contractor or bidder, offeror, potential
11contractor, or contractor has a continuing obligation to
12supplement the disclosure required by this Section throughout
13the bidding process or during the term of any contract, and
14during the vendor portal registration process.
15(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
16for the effective date of changes made by P.A. 96-795); 96-920,
17eff. 7-1-10; 97-490, eff. 8-22-11; 97-895, eff. 8-3-12.)
 
18    (30 ILCS 500/50-36)
19    Sec. 50-36. Disclosure of business in Iran.
20    (a) As used in this Section:
21    "Business operations" means engaging in commerce in any
22form in Iran, including, but not limited to, acquiring,
23developing, maintaining, owning, selling, possessing, leasing,
24or operating equipment, facilities, personnel, products,
25services, personal property, real property, or any other

 

 

09800HB5491sam001- 133 -LRB098 18402 HLH 60239 a

1apparatus of business or commerce.
2    "Company" means any sole proprietorship, organization,
3association, corporation, partnership, joint venture, limited
4partnership, limited liability partnership, limited liability
5company, or other entity or business association, including all
6wholly owned subsidiaries, majority-owned subsidiaries, parent
7companies, or affiliates of those entities or business
8associations, that exists for the purpose of making profit.
9    "Mineral-extraction activities" include exploring,
10extracting, processing, transporting, or wholesale selling or
11trading of elemental minerals or associated metal alloys or
12oxides (ore), including gold, copper, chromium, chromite,
13diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
14    "Oil-related activities" include, but are not limited to,
15owning rights to oil blocks; exporting, extracting, producing,
16refining, processing, exploring for, transporting, selling, or
17trading of oil; and constructing, maintaining, or operating a
18pipeline, refinery, or other oil-field infrastructure. The
19mere retail sale of gasoline and related consumer products is
20not considered an oil-related activity.
21    "Petroleum resources" means petroleum, petroleum
22byproducts, or natural gas.
23    "Substantial action" means adopting, publicizing, and
24implementing a formal plan to cease scrutinized business
25operations within one year and to refrain from any such new
26business operations.

 

 

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1    (b) Each bid or , offer, or proposal submitted for a State
2contract, other than a small purchase defined in Section 20-20,
3shall include a disclosure of whether or not the bidder,
4offeror, or proposing entity, or any of its corporate parents
5or subsidiaries, within the 24 months before submission of the
6bid or , offer, or proposal had business operations that
7involved contracts with or provision of supplies or services to
8the Government of Iran, companies in which the Government of
9Iran has any direct or indirect equity share, consortiums or
10projects commissioned by the Government of Iran, or companies
11involved in consortiums or projects commissioned by the
12Government of Iran and:
13        (1) more than 10% of the company's revenues produced in
14    or assets located in Iran involve oil-related activities or
15    mineral-extraction activities; less than 75% of the
16    company's revenues produced in or assets located in Iran
17    involve contracts with or provision of oil-related or
18    mineral-extraction products or services to the Government
19    of Iran or a project or consortium created exclusively by
20    that government; and the company has failed to take
21    substantial action; or
22        (2) the company has, on or after August 5, 1996, made
23    an investment of $20 million or more, or any combination of
24    investments of at least $10 million each that in the
25    aggregate equals or exceeds $20 million in any 12-month
26    period, that directly or significantly contributes to the

 

 

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1    enhancement of Iran's ability to develop petroleum
2    resources of Iran.
3    (c) A bid or , offer, or proposal that does not include the
4disclosure required by subsection (b) may be given a period
5after the bid or offer is submitted to cure non-disclosure
6shall not be considered responsive. A chief procurement officer
7may consider the disclosure when evaluating the bid or , offer,
8or proposal or awarding the contract.
9    (d) Each chief procurement officer shall provide the State
10Comptroller with the name of each entity disclosed under
11subsection (b) as doing business or having done business in
12Iran. The State Comptroller shall post that information on his
13or her official website.
14(Source: P.A. 95-616, eff. 1-1-08.)
 
15    (30 ILCS 500/50-37)
16    Sec. 50-37. Prohibition of political contributions.
17    (a) As used in this Section:
18        The terms "contract", "State contract", and "contract
19    with a State agency" each mean any contract, as defined in
20    this Code, between a business entity and a State agency let
21    or awarded pursuant to this Code. The terms "contract",
22    "State contract", and "contract with a State agency" do not
23    include cost reimbursement contracts; purchase of care
24    agreements as defined in Section 1-15.68 of this Code;
25    contracts for projects eligible for full or partial

 

 

09800HB5491sam001- 136 -LRB098 18402 HLH 60239 a

1    federal-aid funding reimbursements authorized by the
2    Federal Highway Administration; grants, including but are
3    not limited to grants for job training or transportation;
4    and grants, loans, or tax credit agreements for economic
5    development purposes.
6        "Contribution" means a contribution as defined in
7    Section 9-1.4 of the Election Code.
8        "Declared candidate" means a person who has filed a
9    statement of candidacy and petition for nomination or
10    election in the principal office of the State Board of
11    Elections.
12        "State agency" means and includes all boards,
13    commissions, agencies, institutions, authorities, and
14    bodies politic and corporate of the State, created by or in
15    accordance with the Illinois Constitution or State
16    statute, of the executive branch of State government and
17    does include colleges, universities, public employee
18    retirement systems, and institutions under the
19    jurisdiction of the governing boards of the University of
20    Illinois, Southern Illinois University, Illinois State
21    University, Eastern Illinois University, Northern Illinois
22    University, Western Illinois University, Chicago State
23    University, Governors State University, Northeastern
24    Illinois University, and the Illinois Board of Higher
25    Education.
26        "Officeholder" means the Governor, Lieutenant

 

 

09800HB5491sam001- 137 -LRB098 18402 HLH 60239 a

1    Governor, Attorney General, Secretary of State,
2    Comptroller, or Treasurer. The Governor shall be
3    considered the officeholder responsible for awarding all
4    contracts by all officers and employees of, and potential
5    contractors vendors and others doing business with,
6    executive branch State agencies under the jurisdiction of
7    the Executive Ethics Commission and not within the
8    jurisdiction of the Attorney General, the Secretary of
9    State, the Comptroller, or the Treasurer.
10        "Sponsoring entity" means a sponsoring entity as
11    defined in Section 9-3 of the Election Code.
12        "Affiliated person" means (i) any person with any
13    ownership interest or distributive share of the bidding or
14    contracting business entity in excess of 7.5%, (ii)
15    executive employees of the bidding or contracting business
16    entity, and (iii) the spouse of any such persons.
17    "Affiliated person" does not include a person prohibited by
18    federal law from making contributions or expenditures in
19    connection with a federal, state, or local election.
20        "Affiliated entity" means (i) any corporate parent and
21    each operating subsidiary of the bidding or contracting
22    business entity, (ii) each operating subsidiary of the
23    corporate parent of the bidding or contracting business
24    entity, (iii) any organization recognized by the United
25    States Internal Revenue Service as a tax-exempt
26    organization described in Section 501(c) of the Internal

 

 

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1    Revenue Code of 1986 (or any successor provision of federal
2    tax law) established by the bidding or contracting business
3    entity, any affiliated entity of that business entity, or
4    any affiliated person of that business entity, or (iv) any
5    political committee for which the bidding or contracting
6    business entity, or any 501(c) organization described in
7    item (iii) related to that business entity, is the
8    sponsoring entity. "Affiliated entity" does not include an
9    entity prohibited by federal law from making contributions
10    or expenditures in connection with a federal, state, or
11    local election.
12        "Business entity" means any entity doing business for
13    profit, whether organized as a corporation, partnership,
14    sole proprietorship, limited liability company or
15    partnership, or otherwise.
16        "Executive employee" means (i) the President,
17    Chairman, or Chief Executive Officer of a business entity
18    and any other individual that fulfills equivalent duties as
19    the President, Chairman of the Board, or Chief Executive
20    Officer of a business entity; and (ii) any employee of a
21    business entity whose compensation is determined directly,
22    in whole or in part, by the award or payment of contracts
23    by a State agency to the entity employing the employee. A
24    regular salary that is paid irrespective of the award or
25    payment of a contract with a State agency shall not
26    constitute "compensation" under item (ii) of this

 

 

09800HB5491sam001- 139 -LRB098 18402 HLH 60239 a

1    definition. "Executive employee" does not include any
2    person prohibited by federal law from making contributions
3    or expenditures in connection with a federal, state, or
4    local election.
5    (b) Any business entity whose contracts with State
6agencies, in the aggregate, annually total more than $50,000,
7and any affiliated entities or affiliated persons of such
8business entity, are prohibited from making any contributions
9to any political committees established to promote the
10candidacy of (i) the officeholder responsible for awarding the
11contracts or (ii) any other declared candidate for that office.
12This prohibition shall be effective for the duration of the
13term of office of the incumbent officeholder awarding the
14contracts or for a period of 2 years following the expiration
15or termination of the contracts, whichever is longer.
16    (c) Any business entity whose aggregate pending bids and
17offers and proposals on State contracts total more than
18$50,000, or whose aggregate pending bids and offers on and
19proposals on State contracts combined with the business
20entity's aggregate annual total value of State contracts exceed
21$50,000, and any affiliated entities or affiliated persons of
22such business entity, are prohibited from making any
23contributions to any political committee established to
24promote the candidacy of the officeholder responsible for
25awarding the contract on which the business entity has
26submitted a bid or offer or proposal during the period

 

 

09800HB5491sam001- 140 -LRB098 18402 HLH 60239 a

1beginning on the date the invitation for bids, or request for
2proposals, or any other procurement opportunity is issued and
3ending on the day after the date the contract is awarded.
4    (c-5) For the purposes of the prohibitions under
5subsections (b) and (c) of this Section, (i) any contribution
6made to a political committee established to promote the
7candidacy of the Governor or a declared candidate for the
8office of Governor shall also be considered as having been made
9to a political committee established to promote the candidacy
10of the Lieutenant Governor, in the case of the Governor, or the
11declared candidate for Lieutenant Governor having filed a joint
12petition, or write-in declaration of intent, with the declared
13candidate for Governor, as applicable, and (ii) any
14contribution made to a political committee established to
15promote the candidacy of the Lieutenant Governor or a declared
16candidate for the office of Lieutenant Governor shall also be
17considered as having been made to a political committee
18established to promote the candidacy of the Governor, in the
19case of the Lieutenant Governor, or the declared candidate for
20Governor having filed a joint petition, or write-in declaration
21of intent, with the declared candidate for Lieutenant Governor,
22as applicable.
23    (d) All contracts between State agencies and a business
24entity that violate subsection (b) or (c) shall be voidable
25under Section 50-60. If a business entity violates subsection
26(b) 3 or more times within a 36-month period, then all

 

 

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1contracts between State agencies and that business entity shall
2be void, and that business entity shall not bid or respond to
3any invitation to bid or request for proposals from any State
4agency or otherwise enter into any contract with any State
5agency for 3 years from the date of the last violation. A
6notice of each violation and the penalty imposed shall be
7published in both the Procurement Bulletin and the Illinois
8Register.
9    (e) Any political committee that has received a
10contribution in violation of subsection (b) or (c) shall pay an
11amount equal to the value of the contribution to the State no
12more than 30 calendar days after notice of the violation
13concerning the contribution appears in the Illinois Register.
14Payments received by the State pursuant to this subsection
15shall be deposited into the general revenue fund.
16(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17for the effective date of changes made by P.A. 96-795); 96-848,
18eff. 1-1-10; 97-411, eff. 8-16-11.)
 
19    (30 ILCS 500/50-38)
20    Sec. 50-38. Lobbying restrictions.
21    (a) A person or business that is let or awarded a contract
22is not entitled to receive any payment, compensation, or other
23remuneration from the State to compensate the person or
24business for any expenses related to travel, lodging, or meals
25that are paid by the person or business to any officer, agent,

 

 

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1employee, consultant, independent contractor, director,
2partner, manager, or shareholder.
3    (b) Any bidder, or offeror, potential contractor, or
4contractor on a State contract that hires a person required to
5register under the Lobbyist Registration Act to assist in
6obtaining a contract shall (i) disclose all costs, fees,
7compensation, reimbursements, and other remunerations paid or
8to be paid to the lobbyist related to the contract, (ii) not
9bill or otherwise cause the State of Illinois to pay for any of
10the lobbyist's costs, fees, compensation, reimbursements, or
11other remuneration, and (iii) sign a verification certifying
12that none of the lobbyist's costs, fees, compensation,
13reimbursements, or other remuneration were billed to the State.
14This information, along with all supporting documents, shall be
15filed with the agency awarding the contract and with the
16Secretary of State. The chief procurement officer shall post
17this information, together with the contract award notice, in
18the online Procurement Bulletin.
19    (c) Ban on contingency fee. No person or entity shall
20retain a person or entity required to register under the
21Lobbyist Registration Act to attempt to influence the outcome
22of a procurement decision made under this Code for compensation
23contingent in whole or in part upon the decision or
24procurement. Any person who violates this subsection is guilty
25of a business offense and shall be fined not more than $10,000.
26(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793

 

 

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1for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
 
2    (30 ILCS 500/50-39)
3    Sec. 50-39. Procurement communications reporting
4requirement.
5    (a) Any written or oral communication received by a State
6employee who, by the nature of his or her duties, has the
7authority to participate personally and substantially in the
8decision to award a State contract and that imparts or requests
9material information or makes a material argument regarding
10potential action concerning an active procurement matter,
11including, but not limited to, an application, a contract, or a
12project, shall be reported to the Procurement Policy Board,
13and, with respect to the Illinois Power Agency, by the
14initiator of the communication, and may be reported also by the
15recipient.
16    Any person communicating orally, in writing,
17electronically, or otherwise with the Director or any person
18employed by, or associated with, the Illinois Power Agency to
19impart, solicit, or transfer any information related to the
20content of any power procurement plan, the manner of conducting
21any power procurement process, the procurement of any power
22supply, or the method or structure of contracting with power
23suppliers must disclose to the Procurement Policy Board the
24full nature, content, and extent of any such communication in
25writing by submitting a report with the following information:

 

 

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1        (1) The names of any party to the communication.
2        (2) The date on which the communication occurred.
3        (3) The time at which the communication occurred.
4        (4) The duration of the communication.
5        (5) The method (written, oral, etc.) of the
6    communication.
7        (6) A summary of the substantive content of the
8    communication.
9    These communications do not include the following: (i)
10statements by a person publicly made in a public forum; (ii)
11statements regarding matters of procedure and practice, such as
12format, the number of copies required, the manner of filing,
13and the status of a matter; (iii) statements made by a State
14employee of the agency to the agency head or other employees of
15that agency, to the employees of the Executive Ethics
16Commission, or to an employee of another State agency who,
17through the communication, is either (a) exercising his or her
18experience or expertise in the subject matter of the particular
19procurement in the normal course of business, for official
20purposes, and at the initiation of the purchasing agency or the
21appropriate State purchasing officer, or (b) exercising
22oversight, supervisory, or management authority over the
23procurement in the normal course of business and as part of
24official responsibilities; (iv) unsolicited communications
25providing general information about products, services, or
26industry best practices before those products or services

 

 

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1become involved in a procurement matter; (v) communications
2received in response to procurement solicitations, including,
3but not limited to, vendor responses to a request for
4information, request for proposal, request for qualifications,
5invitation for bid, or a small purchase, sole source, or
6emergency solicitation, or questions and answers posted to the
7Illinois Procurement Bulletin to supplement the procurement
8action, provided that the communications are made in accordance
9with the instructions contained in the procurement
10solicitation, procedures, or guidelines; (vi) communications
11that are privileged, protected, or confidential under law; and
12(vii) communications that are part of a formal procurement
13process as set out by statute, rule, or the solicitation,
14guidelines, or procedures, including, but not limited to, the
15posting of procurement opportunities, the process for
16approving a procurement business case or its equivalent, fiscal
17approval, submission of bids, the finalizing of contract terms
18and conditions with an awardee or apparent awardee, and similar
19formal procurement processes. The provisions of this Section
20shall not apply to communications regarding the administration
21and implementation of an existing contract, except
22communications regarding change orders or the renewal or
23extension of a contract.
24    (b) The report required by subsection (a) shall be
25submitted monthly and include at least the following: (i) the
26date and time of each communication; (ii) the identity of each

 

 

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1person from whom the written or oral communication was
2received, the individual or entity represented by that person,
3and any action the person requested or recommended; (iii) the
4identity and job title of the person to whom each communication
5was made; (iv) if a response is made, the identity and job
6title of the person making each response; (v) a detailed
7summary of the points made by each person involved in the
8communication; (vi) the duration of the communication; (vii)
9the location or locations of all persons involved in the
10communication and, if the communication occurred by telephone,
11the telephone numbers for the callers and recipients of the
12communication; and (viii) any other pertinent information. No
13trade secrets or other proprietary or confidential information
14shall be included in any communication reported to the
15Procurement Policy Board.
16    (c) Additionally, when an oral communication made by a
17person required to register under the Lobbyist Registration Act
18is received by a State employee that is covered under this
19Section, all individuals who initiate or participate in the
20oral communication shall submit a written report to that State
21employee that memorializes the communication and includes, but
22is not limited to, the items listed in subsection (b).
23    (d) The Procurement Policy Board shall make each report
24submitted pursuant to this Section available on its website
25within 7 calendar days after its receipt of the report. The
26Procurement Policy Board may promulgate rules to ensure

 

 

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1compliance with this Section.
2    (e) The reporting requirements shall also be conveyed
3through ethics training under the State Officials and Employees
4Ethics Act. An employee who knowingly and intentionally
5violates this Section shall be subject to suspension or
6discharge. The Executive Ethics Commission shall promulgate
7rules, including emergency rules, to implement this Section.
8    (f) This Section becomes operative on January 1, 2011.
9    (g) For purposes of this Section:
10    "Active procurement matter" means a procurement process
11beginning with requisition or determination of need by an
12agency and continuing through the publication of an award
13notice or other completion of a final procurement action, the
14resolution of any protests, and the expiration of any protest
15or Procurement Policy Board review period, if applicable.
16"Active procurement matter" also includes communications
17relating to change orders, renewals, or extensions.
18    "Material information" means information that a reasonable
19person would deem important in determining his or her course of
20action and pertains to significant issues, including, but not
21limited to, price, quantity, and terms of payment or
22performance.
23    "Material argument" means a communication that a
24reasonable person would believe was made for the purpose of
25influencing a decision relating to a procurement matter.
26"Material argument" does not include general information about

 

 

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1products, services, or industry best practices or a response to
2a communication initiated by an employee of the State for the
3purposes of providing information to evaluate new products,
4trends, services, or technologies.
5(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
6for the effective date of changes made by P.A. 96-795); 96-920,
7eff. 7-1-10; 97-333, eff. 8-12-11; 97-618, eff. 10-26-11;
897-895, eff. 8-3-12.)
 
9    (30 ILCS 500/50-40)
10    Sec. 50-40. Reporting anticompetitive practices. When, for
11any reason, any vendor, bidder, offeror, potential contractor,
12contractor, chief procurement officer, State purchasing
13officer, designee, elected official, or State employee
14suspects collusion or other anticompetitive practice among any
15bidders, offerors, potential contractors, contractors,
16proposers, or employees of the State, a notice of the relevant
17facts shall be transmitted to the Attorney General and the
18chief procurement officer.
19(Source: P.A. 90-572, eff. 2-6-98.)
 
20    (30 ILCS 500/50-45)
21    Sec. 50-45. Confidentiality. Any chief procurement
22officer, State purchasing officer, designee, or executive
23officer who willfully uses or allows the use of specifications,
24competitive solicitation bid documents, proprietary

 

 

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1competitive information, proposals, contracts, or selection
2information to compromise the fairness or integrity of the
3procurement, bidding, or contract process shall be subject to
4immediate dismissal, regardless of the Personnel Code, any
5contract, or any collective bargaining agreement, and may in
6addition be subject to criminal prosecution.
7(Source: P.A. 90-572, eff. 2-6-98.)
 
8    (30 ILCS 500/50-70)
9    Sec. 50-70. Additional provisions. This Code is subject to
10applicable provisions of the following Acts:
11        (1) Article 33E of the Criminal Code of 2012;
12        (2) the Illinois Human Rights Act;
13        (3) the Discriminatory Club Act;
14        (4) the Illinois Governmental Ethics Act;
15        (5) the State Prompt Payment Act;
16        (6) the Public Officer Prohibited Activities Act;
17        (7) the Drug Free Workplace Act;
18        (8) the Illinois Power Agency Act;
19        (9) the Employee Classification Act; and
20        (10) the State Officials and Employees Ethics Act.
21        (11) the Department of Employment Security Law.
22(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23for the effective date of changes made by P.A. 96-795);
2497-1150, eff. 1-25-13.)
 

 

 

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1    (30 ILCS 500/55-10)
2    Sec. 55-10. Exclusive exercise of powers. On and after 120
3calendar days following the effective date of this Act, the
4powers granted under this Code shall be exercised exclusively
5as granted under this Code, and no State agency may
6concurrently exercise any such power, unless specifically
7authorized otherwise by a later enacted law. This Code is not
8intended to impair any contract entered into before the
9effective date of this Act.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
11    Section 10. The Small Business Contracts Act is amended by
12changing Section 5 and by adding Sections 12 and 25 as follows:
 
13    (30 ILCS 503/5)
14    Sec. 5. Definitions. For the purposes of this Act, the
15following terms shall have the following definitions:
16    "Small business" means a small business as defined in the
17Illinois Procurement Code.
18    "State contract" means a State contract, as defined in the
19Illinois Procurement Code, funded with State or federal funds,
20whether competitively bid or negotiated.
21    "State official or agency" means a department, officer,
22board, commission, institution, or body politic or corporate of
23the State.
24    "Subcontract" means a subcontract, as defined in the

 

 

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1Illinois Procurement Code, funded with State or federal funds,
2whether competitively bid or negotiated.
3(Source: P.A. 97-307, eff. 8-11-11.)
 
4    (30 ILCS 503/12 new)
5    Sec. 12. Chief procurement officers; presentation. During
6each fiscal year, the chief procurement officers appointed
7pursuant to Section 10-20 of the Illinois Procurement Code,
8individually or as a group, may provide presentations at which
9small businesses may learn about the contracting process and
10how to apply for contracts.
 
11    (30 ILCS 503/25 new)
12    Sec. 25. Rulemaking. Subject to the rule making provision
13of the Illinois Administrative Procedure Act, each chief
14procurement officer may adopt rules to implement and administer
15this Act.
 
16    Section 15. The Governmental Joint Purchasing Act is
17amended by changing Sections 1, 3, and 4 as follows:
 
18    (30 ILCS 525/1)  (from Ch. 85, par. 1601)
19    Sec. 1. For the purposes of this Act, "governmental unit"
20means State of Illinois, any State agency as defined in Section
211-15.100 of the Illinois Procurement Code, officers of the
22State of Illinois, any public authority which has the power to

 

 

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1tax, or any other public entity created by statute.
2(Source: P.A. 86-769.)
 
3    (30 ILCS 525/3)  (from Ch. 85, par. 1603)
4    Sec. 3. Conduct of competitive procurement selection.
5Under any agreement of governmental units that desire to make
6joint purchases pursuant to subsection (a) of Section 2, one of
7the governmental units shall conduct the competitive
8procurement selection process. Where the State of Illinois is a
9party to the joint purchase agreement, the appropriate chief
10procurement officer shall conduct or authorize the competitive
11procurement selection process. Expenses of such competitive
12procurement selection process may be shared by the
13participating governmental units in proportion to the amount of
14personal property, supplies or services each unit purchases.
15    When the State of Illinois is a party to the joint purchase
16agreement pursuant to subsection (a) of Section 2, the
17acceptance of responses to the competitive procurement
18selection process shall be in accordance with the Illinois
19Procurement Code and rules promulgated under that Code. When
20the State of Illinois is not a party to the joint purchase
21agreement, the acceptance of responses to the competitive
22procurement selection process shall be governed by the
23agreement.
24    When the State of Illinois is a party to a joint purchase
25agreement pursuant to subsection (a-5) of Section 2, the State

 

 

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1may act as the lead state or as a participant state. When the
2State of Illinois is the lead state, all such joint purchases
3shall be conducted in accordance with the Illinois Procurement
4Code. When Illinois is a participant state, all such joint
5purchases shall be conducted in accordance with the procurement
6laws of the lead state; provided that all such joint
7procurements must be by competitive solicitation process. All
8resulting awards shall be published in the appropriate volume
9of the Illinois Procurement Bulletin as may be required by
10Illinois law governing publication of the solicitation,
11protest, and award of Illinois State contracts. Contracts
12resulting from a joint purchase shall contain all provisions
13required by Illinois law and rule.
14    The personal property, supplies or services involved shall
15be distributed or rendered directly to each governmental unit
16taking part in the purchase. The person selling the personal
17property, supplies or services may bill each governmental unit
18separately for its proportionate share of the cost of the
19personal property, supplies or services purchased.
20    The credit or liability of each governmental unit shall
21remain separate and distinct. Disputes between bidders and
22governmental units shall be resolved between the immediate
23parties.
24(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
 
25    (30 ILCS 525/4)  (from Ch. 85, par. 1604)

 

 

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1    Sec. 4. Bids, offers, and small purchases and proposals.
2The purchases of all personal property, supplies and services
3under this Act, except for small purchases, shall be based on
4competitive solicitations and shall follow the same procedures
5used for competitive solicitations made pursuant to the
6Illinois Procurement Code. For purchases pursuant to
7subsection (a) of Section 2, bids and offers and proposals
8shall be solicited by public notice inserted at least once in a
9newspaper of general circulation in one of the counties where
10the materials are to be used and at least 5 calendar days
11before the final date of submitting bids or offers or
12proposals. Where the State of Illinois is a party to the joint
13purchase agreement, public notice soliciting the bids or offers
14shall be published in the appropriate volume of the Illinois
15Procurement Bulletin. Such notice shall include a general
16description of the personal property, supplies or services to
17be purchased and shall state where all blanks and
18specifications may be obtained and the time and place for the
19opening of bids and offers and proposals. The governmental unit
20conducting the competitive procurement selection process may
21also solicit sealed bids or offers or proposals by sending
22requests by mail to potential contractors prospective
23suppliers and by posting notices on a public bulletin board in
24its office. Small purchases pursuant to this Section shall
25follow the same procedure used for small purchases in Section
2620-20 of the Illinois Procurement Code.

 

 

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1    All purchases, orders or contracts shall be awarded to the
2lowest responsible bidder or highest-ranked offeror proposer,
3taking into consideration the qualities of the articles or
4services supplied, their conformity with the specifications,
5their suitability to the requirements of the participating
6governmental units and the delivery terms.
7    Where the State of Illinois is not a party, all bids or
8offers or proposals may be rejected and new bids or offers or
9proposals solicited if one or more of the participating
10governmental units believes the public interest may be served
11thereby. Each bid or offer, or proposal, with the name of the
12bidder or offeror, or proposer, shall be entered on a record,
13which record with the successful bid or offer, or proposal
14indicated thereon shall, after the award of the purchase or
15order or contract, be open to public inspection. A copy of all
16contracts shall be filed with the purchasing office or clerk or
17secretary of each participating governmental unit.
18(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
 
19    Section 20. The Discriminatory Club Act is amended by
20changing Section 2 as follows:
 
21    (775 ILCS 25/2)  (from Ch. 68, par. 102)
22    Sec. 2. No private organization which sells goods or
23services to the State pursuant to the The Illinois Procurement
24Code Purchasing Act, nor any private organization which

 

 

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1receives any award or grant from the State, nor any public body
2may pay any dues or fees on behalf of its employees or agents
3or may subsidize or otherwise reimburse them for payments of
4their dues or fees to any discriminating club. The Illinois
5Department of Human Rights shall enforce this Section.
6(Source: P.A. 85-909.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect January
151, 2015.".