(30 ILCS 500/45-80)
Sec. 45-80. Historic area preference. State agencies with responsibilities for leasing, acquiring, or maintaining State facilities shall take all reasonable steps to minimize any regulations, policies, and procedures that impede the goals of Section 17 of the Capital Development Board Act.
(Source: P.A. 95-101, eff. 8-13-07; 95-876, eff. 8-21-08.) |
(30 ILCS 500/45-90) Sec. 45-90. Small business contracts. (a) Not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded as a contract or subcontract to small businesses. (b) The percentage in subsection (a) relates to the total dollar amount of State contracts during each State fiscal year, calculated by examining independently each type of contract for each State official or agency which lets such contracts. (c) Each State agency shall file with its chief procurement officer an annual compliance plan which shall outline the goals for contracting with small businesses for the then-current fiscal year, the manner in which the agency intends to reach these goals, and a timetable for reaching these goals. The chief procurement officer shall review and approve the plan of the agency and may reject any plan that does not comply with this Section. (d) Each State agency shall file with its chief procurement officer an annual report of its utilization of small businesses during the preceding fiscal year, including lapse period spending and a mid-fiscal year report of its utilization to date for the then-current fiscal year. The reports shall include a self-evaluation of the efforts of the State official or agency to meet its goals. (e) The chief procurement officers shall make public presentations, at least once a year, directed at providing information to small businesses about the contracting process and how to apply for contracts or subcontracts. (f) Each chief procurement officer shall file, no later than November 1 of each year, an annual report with the Governor and the General Assembly that shall include, but need not be limited to, the following: (1) a summary of the number of contracts awarded and | ||
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(2) an analysis of the level of overall goal | ||
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(g) Each chief procurement officer may adopt rules to implement and administer this Section.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/45-95) Sec. 45-95. HUBZone business contracts. (a) For the purposes of this Section: "HUBZone business" means a business that operates and employs people in Historically Underutilized Business Zones (HUBZone) as designated by the federal HUBZone Empowerment Act. "Qualified HUBZone small business concern" means a business that qualifies under the HUBZone program administered by the United States Small Business Administration. (b) Each chief procurement officer shall establish rules, in consultation with the procuring agency, related to the eligibility of qualified HUBZone small business concerns to receive preference under this Section, and shall verify the accuracy of any information submitted by a qualified HUBZone small business concern with respect to a contract awarded under this Section. (c) The provisions of this Section shall not apply to: (1)
construction procurements; (2) construction-related services
procurements; or (3) the selection of construction-related professional services.
(Source: P.A. 100-881, eff. 1-1-19.) |
(30 ILCS 500/45-100) Sec. 45-100. Electric vehicles. For purposes of this Section, "electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge or utilize a pre-charged battery, and is permitted to operate on public roadways. "Electric vehicle" does not include hybrid electric vehicles and extended-range electric vehicles that are also equipped with conventional fueled propulsion or auxiliary engines. For purposes of this section, "Manufactured in Illinois" means, in the case of electric vehicles, that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in Illinois. In awarding contracts requiring the procurement of electric vehicles, preference shall be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of electric vehicles manufactured in Illinois. Specifications for contracts for electric vehicles shall include a price preference of 20% for electric vehicles manufactured in Illinois. The purchasing agency may require additional information from bidders or offerors to verify whether an electric vehicle is manufactured in Illinois as defined by this Section.
(Source: P.A. 102-669, eff. 11-16-21.) |
(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 | ||
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(2) a business incorporated or organized as a | ||
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(3) a business organized as a domestic partnership | ||
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(4) a business organized as a domestic limited | ||
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(5) a business organized under the Limited Liability | ||
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(6) a business organized under the Professional | ||
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"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 | ||
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(2) commits to employing at least 2 former coal mine | ||
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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
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(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.)
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(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 | ||
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(2) has made an admission of guilt of that conduct | ||
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(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 | ||
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(2) the business demonstrates to the governmental | ||
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(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.)
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(30 ILCS 500/50-10)
Sec. 50-10. Felons. (a) Unless otherwise provided, no person
or business convicted of
a felony shall do business with the State of Illinois or any State
agency, or enter into a subcontract, from the date of
conviction until 5 years after the date of completion of the
sentence for that felony, unless no
person held responsible by a prosecutorial office for the facts
upon which the conviction was
based continues to have any involvement with the business.
For purposes of this subsection (a), "completion of sentence" means completion of all sentencing related to the felony conviction or admission and includes, but is not limited to, the following: incarceration, mandatory supervised release, probation, work release, house arrest, or commitment to a mental facility. (b) Every bid or offer submitted to the State, 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 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 of the 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. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-10.5) Sec. 50-10.5. Prohibited bidders, offerors, potential contractors, and contractors. (a) Unless otherwise provided, no business shall bid, offer, enter into a
contract or subcontract under this Code, or make a submission to a vendor portal if the business or any
officer, director, partner, or other managerial agent of the business has been
convicted of a felony under the Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a
period of 5 years from
the date of conviction. (b) Every bid and offer submitted to the State, every contract executed by the State, every vendor's submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or 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 shall declare the related contract void
if any of
the certifications completed pursuant to this subsection (b) 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. (c) If a business is not a natural person, the prohibition in subsection (a)
applies only if: (1) the business itself is convicted of a felony | ||
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(2) the business is ordered to pay punitive damages | ||
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(d) A natural person who is convicted of a felony referenced in subsection
(a) remains subject to Section 50-10. (e) No person or business shall bid, offer, make a submission to a vendor portal, or enter into a contract under this Code if the person or business assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents. This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices, (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies, or (iii) asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the solicitation. Nothing in this Section prohibits a vendor developing technology, goods, or services from bidding or offering to supply that technology or those goods or services if the subject demonstrated to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing in this Section prohibits a person performing construction-related services from initiating contact with a business that performs construction for the purpose of obtaining market costs or production time to determine the estimated costs to complete the construction project. For purposes of this subsection (e), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, or manager of a business. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business who contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need. (Source: P.A. 100-43, eff. 8-9-17.) |