(30 ILCS 500/45-105) Sec. 45-105. Bid preference for Illinois businesses. (a) (Blank). (b) It is hereby declared to be the public policy of the State of Illinois to promote the economy of Illinois through the use of Illinois businesses for all State construction contracts. (c) Construction agencies procuring construction and construction-related professional services shall make reasonable efforts to contract with Illinois businesses. (d) Beginning in 2022, each construction agency shall submit a report to the Governor and the General Assembly by September 1 of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. (e) In procuring construction and construction-related professional services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business as defined in this Section. The construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive a bid preference of 4% of the contract base bid. This subsection applies only to projects where a business that is not an Illinois business submits a bid. (f) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation. (g) As used in this Section, "Illinois business" means a contractor that is operating and headquartered in Illinois and providing, at the time that an invitation for a bid or notice of contract opportunity is first advertised, construction or construction-related professional services, and is operating as: (1) a sole proprietor whose primary residence is in | ||
| ||
(2) a business incorporated or organized as a | ||
| ||
(3) a business organized as a domestic partnership | ||
| ||
(4) a business organized as a domestic limited | ||
| ||
(5) a business organized under the Limited Liability | ||
| ||
(6) a business organized under the Professional | ||
| ||
"Illinois business" does not include any subcontractors. (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.) |
(30 ILCS 500/45-110) Sec. 45-110. Former coal mining employees. (a) In this Section: "Abandoned mined land reclamation project" means construction or construction-related professional services that are used for reclamation projects awarded by the Department of Natural Resources under the Abandoned Mined Lands and Water Reclamation Act. "Former coal mine employee" means an individual previously employed in any capacity by a coal mining company that engaged in the extraction of coal deposits or an individual previously employed in any capacity by a coal-fired power plant. (b) In awarding contracts for Abandoned Mined Land Reclamation Projects with a total value of more than $100,000, preference shall be given to an otherwise qualified bidder who: (1) provides proof that at least 2 current employees | ||
| ||
(2) commits to employing at least 2 former coal mine | ||
| ||
When the Department of Natural Resources is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of former coal mine employees may be given preference over other bidders unable to do so, if the bid is not more than 2% greater than the low bid. (c) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.
(Source: P.A. 103-570, eff. 1-1-24.) |
(30 ILCS 500/Art. 50 heading) ARTICLE 50
PROCUREMENT ETHICS AND DISCLOSURE
|
(30 ILCS 500/50-1)
Sec. 50-1.
Purpose.
It is the express duty of all chief procurement
officers, State purchasing officers, and their designees to maximize the value
of the expenditure of public moneys in procuring goods, services, and contracts
for the State of Illinois and to act in a manner that maintains the integrity
and public trust of State government. In discharging this duty, they are
charged to use all available information, reasonable efforts, and reasonable
actions to protect, safeguard, and maintain the procurement process of the
State of Illinois.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/50-2) Sec. 50-2. Continuing disclosure; false certification. Every person that has entered into a contract for more than one year in duration for the initial term or for any renewal term shall certify, by January 1 of each fiscal year covered by the contract after the initial fiscal year, to the chief procurement officer or, if the procurement is under the authority of a chief procurement officer, the applicable procurement officer of any changes that affect its ability to satisfy the requirements of this Article pertaining to eligibility for a contract award. If a contractor or subcontractor continues to meet all requirements of this Article, it shall not be required to submit any certification or if the work under the contract has been substantially completed before contract expiration but the contract has not yet expired. If a contractor or subcontractor is not able to truthfully certify that it continues to meet all requirements, it shall provide with its certification a detailed explanation of the circumstances leading to the change in certification status. A contractor or subcontractor that makes a false statement material to any given certification required under this Article is, in addition to any other penalties or consequences prescribed by law, subject to liability under the Illinois False Claims Act for submission of a false claim.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/50-5)
Sec. 50-5. Bribery.
(a) Prohibition. No person or business shall be awarded a
contract or subcontract under
this Code who:
(1) has been convicted under the laws of Illinois or | ||
| ||
(2) has made an admission of guilt of that conduct | ||
| ||
(b) Businesses. No business shall be barred from
contracting with any unit of State or
local government, or subcontracting under such a contract, as a result of a conviction under this Section of
any employee or agent of the
business if the employee or agent is no longer employed by the
business and:
(1) the business has been finally adjudicated not | ||
| ||
(2) the business demonstrates to the governmental | ||
| ||
(c) Conduct on behalf of business. For purposes of this
Section, when an official, agent,
or employee of a business committed the bribery or attempted
bribery on behalf of the business
and in accordance with the direction or authorization of a responsible
official of the business, the
business shall be chargeable with the conduct.
(d) Certification. Every bid or offer submitted to every contract
executed by the State, every subcontract subject to Section 20-120 of this Code, and every vendor's submission to a vendor portal shall
contain a certification by the bidder, offeror, potential contractor, contractor, or the subcontractor, respectively, that the bidder, offeror, potential contractor, contractor or subcontractor is
not barred from being awarded a
contract or subcontract under this Section and acknowledges that the chief procurement officer may declare the related contract void if any certifications required by this Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. A bidder, offeror, potential contractor, contractor, or subcontractor who
makes a false statement, material
to the certification, commits a Class 3 felony.
(Source: P.A. 97-895, eff. 8-3-12; 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15 .)
|