Full Text of HB5491 98th General Assembly
HB5491eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 20-50 and 40-5 as follows:
| 6 | | (30 ILCS 500/20-50)
| 7 | | Sec. 20-50. Specifications. Specifications shall be
| 8 | | prepared in accordance with consistent
standards that are | 9 | | promulgated by the chief procurement officer and reviewed by
| 10 | | the
Board and the Joint Committee on Administrative Rules. | 11 | | Those standards shall
include
a prohibition against the use
of | 12 | | brand-name only products, except for products intended for | 13 | | retail sale or as
specified by rule. All specifications
shall | 14 | | seek to promote overall
economy for the purposes intended and | 15 | | encourage competition in
satisfying the State's needs
and shall | 16 | | not be unduly restrictive.
| 17 | | A solicitation or specification for a contract or a | 18 | | contract, including , a
contract but not limited to , of a | 19 | | college, university, or institution under the jurisdiction of a
| 20 | | governing board listed in Section 1-15.100, may not require, | 21 | | stipulate,
suggest, or encourage a monetary or other financial | 22 | | contribution or donation, cash bonus or incentive, or economic | 23 | | investment , or other prohibited conduct as
an explicit or |
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| 1 | | implied term or condition for awarding or completing the
| 2 | | contract. The contract, solicitation, or specification also | 3 | | may not include
a requirement that an individual or individuals | 4 | | employed by
such
a college,
university, or institution receive | 5 | | a consulting
contract for professional services.
| 6 | | As used in this Section, "prohibited conduct" includes | 7 | | requested payments or other consideration by a third party to | 8 | | the university or State agency that is not part of the | 9 | | solicitation or that is unrelated to the subject matter or | 10 | | purpose of the solicitation. "Prohibited conduct" does not | 11 | | include a payment from the vendor that is supported by | 12 | | additional consideration (such as exclusive rights to sell | 13 | | items or rights to advertise), other than the consideration of | 14 | | the State's awarding a contract to purchase of goods and | 15 | | services. | 16 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 17 | | for the effective date of changes made by P.A. 96-795) .)
| 18 | | (30 ILCS 500/40-5)
| 19 | | Sec. 40-5. Applicability. All leases for real property
or | 20 | | capital improvements,
including office and storage space, | 21 | | buildings, and other
facilities for State agencies, shall be
| 22 | | procured in accordance with the provisions of this Article. All | 23 | | State agencies, with the exception of public institutions of | 24 | | higher education, shall, in consultation with the Department of | 25 | | Central Management Services, evaluate the State's existing |
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| 1 | | lease portfolio prior to engaging in a procurement for real | 2 | | property or capital improvements.
| 3 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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