Illinois Compiled Statutes
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FINANCE30 ILCS 500/20-150
(30 ILCS 500/) Illinois Procurement Code.
(30 ILCS 500/20-150)
Proposed contracts; Procurement Policy Board.
This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.)
30 ILCS 500/20-155
(30 ILCS 500/20-155)
Solicitation and contract documents.
(a) Each chief procurement officer appointed pursuant to Section 10-20 shall have the sole authority in their respective jurisdiction to develop and distribute uniform documents for the solicitation, review, and acceptance of all bids, offers, and responses and the award of contracts pursuant to this Code. If a chief procurement officer appointed pursuant to Section 10-20 exercises the authority to develop and distribute uniform documents for the solicitation, review and acceptance of all bids, offers and responses and the award of contracts, then the State agency shall use the uniform documents.
(b) After award of a contract and subject to provisions of the Freedom of Information Act, the procuring agency shall make available for public inspection and copying all pre-award, post-award, administration, and close-out documents relating to that particular contract.
(c) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score sheets and all other documentation related to or prepared in conjunction with evaluation, negotiation, and the award process. The procurement file shall contain a written determination, signed by the chief procurement officer or State purchasing officer, setting forth the reasoning for the contract award decision. The procurement file shall not include trade secrets or other competitively sensitive, confidential, or proprietary information. The procurement file shall be open to public inspection within 7 calendar days following award of the contract.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15
30 ILCS 500/20-160
(30 ILCS 500/20-160)
Business entities; certification; registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", and "affiliated person" have the meanings ascribed to those terms in Section 50-37.
(b) Every bid and offer submitted to and every contract executed by the State on or after January 1, 2009 (the effective date of Public Act 95-971) and every submission to a vendor portal shall contain (1) a certification by the bidder, offeror, vendor, or contractor that either (i) the bidder, offeror, vendor, or contractor is not required to register as a business entity with the State Board of Elections pursuant to this Section or (ii) the bidder, offeror, vendor, or contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration and (2) a statement that the contract is voidable under Section 50-60 for the bidder's, offeror's, vendor's, or contractor's failure to comply with this Section.
(c) Each business entity (i) whose aggregate bids and proposals on State contracts annually total more than $50,000, (ii) whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, or (iii) whose contracts with State agencies, in the aggregate, annually total more than $50,000 shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code. A business entity required to register under this subsection due to item (i) or (ii) has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded; any change in information must be reported to the State Board of Elections 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier. A business entity required to register under this subsection due to item (iii) has a continuing duty to ensure that the registration is accurate in accordance with subsection (e).
(d) Any business entity, not required under subsection (c) to register, whose aggregate bids and proposals on State contracts annually total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code prior to submitting to a State agency the bid or proposal whose value causes the business entity to fall within the monetary description of this subsection. A business entity required to register under this subsection has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded. Any change in information must be reported to the State Board of Elections within 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(e) A business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000 must maintain its registration under this Section and has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer. A business entity, required to register under this subsection, has a continuing duty to report any changes on a quarterly basis to the State Board of Elections within 14 calendar days following the last day of January, April, July, and October of each year. Any update pursuant to this paragraph that is received beyond that date is presumed late and the civil penalty authorized by subsection (e) of Section 9-35 of the Election Code may be assessed.
Also, if a business entity required to register under this subsection has a pending bid or offer, any change in information shall be reported to the State Board of Elections within 7 calendar days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section to ensure the accuracy of its registration includes the requirement that the business entity notify the State Board of Elections of any change in information, including, but not limited to, changes of affiliated entities or affiliated persons.
(g) For any bid or offer for a contract with a State agency by a business entity required to register under this Section, the chief procurement officer shall verify that the business entity is required to register under this Section and is in compliance with the registration requirements on the date the bid or offer is due. A chief procurement officer shall not accept a bid or offer if the business entity is not in compliance with the registration requirements as of the date bids or offers are due. Upon discovery of noncompliance with this Section, if the bidder or offeror made a good faith effort to comply with registration efforts prior to the date the bid or offer is due, a chief procurement officer may provide the bidder or offeror 5 business days to achieve compliance. A chief procurement officer may extend the time to prove compliance by as long as necessary in the event that there is a failure within the State Board of Elections' registration system.
(h) A registration, and any changes to a registration, must include the business entity's verification of accuracy and subjects the business entity to the penalties of the laws of this State for perjury.
In addition to any penalty under Section 9-35 of the Election Code, intentional, willful, or material failure to disclose information required for registration shall render the contract, bid, offer, or other procurement relationship voidable by the chief procurement officer if he or she deems it to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source selection used in awarding the contract.
(Source: P.A. 100-43, eff. 8-9-17; 101-81, eff. 7-12-19.)
30 ILCS 500/20-165
(30 ILCS 500/20-165)
Compliance with Transportation Sustainability Procurement Program Act.
When procuring freight, small package delivery, and other forms of cargo shipping and transportation services, appropriate weight shall be given to the requirements of the Transportation Sustainability Procurement Program Act.
(Source: P.A. 98-348, eff. 8-14-13.)
30 ILCS 500/Art. 25
(30 ILCS 500/Art. 25 heading)
SUPPLIES AND SERVICES (EXCLUDING
PROFESSIONAL OR ARTISTIC)
30 ILCS 500/20-170
(30 ILCS 500/20-170)
Quincy Veterans' Home rehabilitation and rebuilding contracts.
Notwithstanding any provision of law to the contrary, any contract for procurements entered into under the Quincy Veterans' Home Rehabilitation and Rebuilding Act and executed prior to the repeal of that Act shall continue in full force and effect after the repeal of that Act and until as otherwise dictated by the terms of the contract.
(Source: P.A. 102-35, eff. 6-25-21.)
30 ILCS 500/25-5
(30 ILCS 500/25-5)
All contracts for supplies and
services, excluding professional or artistic services, shall be procured
in accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/25-10
(30 ILCS 500/25-10)
State purchasing officers shall
have the authority to procure
supplies and services, except as that authority may be limited by
the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/25-15
(30 ILCS 500/25-15)
Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsection (b) and Sections 20-20,
20-25, and 20-30,
contracts for supplies and services shall be awarded by
competitive sealed bidding in accordance with
(b) Other methods. The chief procurement officer may establish by rule
(i) categories of purchases, including non-governmental joint purchases, that
be made without competitive sealed bidding and (ii) the most
competitive alternate method of source
selection that shall be used for each category of purchase.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/25-30
(30 ILCS 500/25-30)
More favorable terms.
A supply or service
contract may include, if
determined by a State purchasing officer to be in the best
interests of the State, a clause
requiring that if more favorable terms are granted by the
contractor to any similar state or local
governmental agency in any state in a contemporaneous agreement
let under the same or similar
financial terms and circumstances for comparable supplies or
services, the more favorable terms
shall be applicable under the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/25-35
(30 ILCS 500/25-35)
Purchase of coal and postage stamps.
(a) Delivery of necessary supplies. To avoid interruption
or impediment of delivery
of necessary supplies, commodities, and coal, State purchasing
officers may approve a State agency's purchases of
or contracts for supplies and commodities after April 30 of a
fiscal year when delivery of the
supplies and commodities is to be made after June 30 of that
fiscal year and payment for which
is to be made from appropriations for the next fiscal year.
(b) Postage. All postage stamps purchased from State funds
must be perforated for
identification purposes. A General Assembly member may furnish
the U.S. Post Office with
a warrant so as to allow for the creation or continuation of a
bulk rate mailing fund in the name
of the General Assembly member or may furnish a postage meter
company or post office with
a warrant so as to facilitate the purchase of a postage meter and
its stamps. Any postage meter
so purchased must also contain a stamp that shall state
"Official State Mail".
(Source: P.A. 100-43, eff. 8-9-17.)
30 ILCS 500/25-45
(30 ILCS 500/25-45)
Energy conservation program contracts; energy savings contracts or leases.
(a) For the purposes of this Section, an "energy savings contract or lease" means a contract or lease for an improvement, repair, alteration, betterment, equipment, fixture, or furnishing that is designed to reduce energy consumption or operating costs, and that includes an agreement that payments, except obligations on termination of the contract or lease before its expiration, shall be made over time and that savings are guaranteed to the extent practicable to pay for the cost of the improvement, repair, alteration, betterment, equipment, fixture, or furnishing.
purchasing officers may enter into
energy conservation program contracts or energy savings contracts or leases that provide for utility
cost savings. Notwithstanding any other law to the contrary, energy savings contracts or leases may include an alternative financing or lease to purchase option.
(c) Energy conservation program contracts or energy savings contracts and leases may entered into for a period of time deemed to be in the best interest of the State but not exceeding 15 years inclusive of proposed contract or lease renewals.
(d) The chief procurement officer shall
promulgate and adopt rules for the implementation of this Section.
(Source: P.A. 100-23, eff. 7-6-17.)
30 ILCS 500/25-47
(30 ILCS 500/25-47)
Renewable energy resources contracts or leases.
State purchasing officers or a State agency may enter into renewable energy resources contracts and leases for a period of time deemed to be in the best interest of the State, but not exceeding 25 years inclusive of proposed contract or lease renewals. For the purposes of this Section, "renewable energy resources" has the meaning ascribed to that term in Section 1-10 of the Illinois
Power Agency Act.
(Source: P.A. 101-193, eff. 8-2-19.)
30 ILCS 500/25-55
(30 ILCS 500/25-55)
Every printed annual report
produced by a State agency
shall bear a statement indicating whether it was printed by the
State of Illinois or by contract
and indicating the printing cost per copy and the number of copies
printed. The Department
of Central Management Services shall prepare and submit to the
General Assembly on the fourth
Wednesday of January in each year a report setting forth with
respect to each State agency for
the calendar year immediately preceding the calendar year in which
the report is filed the total
quantity of annual reports printed, the total cost, and the cost
per copy and the cost per page of the
annual report of the State agency printed during the calendar year
covered by the report.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 ILCS 500/25-60
(30 ILCS 500/25-60)
Prevailing wage requirements.
(a) All services furnished
under service contracts of $2,000 or more or $200 or more per month and under
printing contracts shall be
subject to the following prevailing wage requirements:
(1) Not less than the general prevailing wage rate of
hourly wages for work of a similar character in the locality in which the work is produced shall be paid by the successful bidder, offeror, or potential contractor to its employees who perform the work on the State contracts. The bidder, offeror, potential contractor, or contractor in order to be considered to be a responsible bidder, offeror, potential contractor, or contractor for the purposes of this Code, shall certify to the purchasing agency that wages to be paid to its employees are no less, and fringe benefits and working conditions of employees are not less favorable, than those prevailing in the locality where the contract is to be performed. Prevailing wages and working conditions shall be determined by the Director of the Illinois Department of Labor.
(2) Whenever a collective bargaining agreement is in
effect between an employer, other than a governmental body, and service or printing employees as defined in this Section who are represented by a responsible organization that is in no way influenced or controlled by the management, that agreement and its provisions shall be considered as conditions prevalent in that locality and shall be the minimum requirements taken into consideration by the Director of Labor.
(b) As used in this Section, "services" means janitorial cleaning services,
window cleaning services, building and grounds services, site technician
services, natural resources services, food services, and security services.
means and includes all processes and operations involved in printing, including
but not limited to letterpress, offset, and gravure processes, the multilith
method, photographic or other duplicating process, the operations of
composition, platemaking, presswork, and binding, and the end products of those
processes, methods, and operations. As used in this Code "printing" does not
include photocopiers used in the course of normal business activities,
photographic equipment used for geographic mapping, or printed matter that is
commonly available to the general public from contractor inventory.
(c) The terms "general prevailing rate of hourly wages", "general prevailing
rate of wages", or "prevailing rate of wages" when used in this Section mean
the hourly cash wages plus fringe benefits for health and welfare, insurance,
vacations, and pensions paid generally, in the locality in which the work is
being performed, to employees engaged in work of a similar character.
(d) "Locality" shall have the meaning established by rule.
(e) This Section does not apply to services furnished under contracts for
professional or artistic services.
(f) This Section does not apply to vocational programs of training for
persons with physical or mental disabilities or to sheltered workshops for persons with severe disabilities.
(Source: P.A. 98-1076, eff. 1-1-15; 99-143, eff. 7-27-15.)
30 ILCS 500/25-65
(30 ILCS 500/25-65)
Contracts performed outside the United States.
Prior to contracting or as a requirement of solicitation of any State contracts for services as defined in Section 1-15.90, whichever is appropriate, potential contractors shall disclose in a statement of work where services will be performed under that contract, including any subcontracts, and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States.
In awarding the contract or evaluating the bid or offer, the chief procurement officer may consider such disclosure and the economic impact to the State of Illinois and its residents.
If the chief procurement officer awards a contract to a vendor based upon disclosure that work will be performed in the United States and during the term of the contract the contractor or a subcontractor proceeds to shift work outside of the United States, the contractor shall be deemed in breach of contract, unless the chief procurement officer shall have first determined in writing that circumstances require the shift of work or that termination of the contract would not be in the State's best interest.
Nothing in this Section is intended to contravene any existing treaty, law, agreement, or regulation of the United States.
The chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 shall prepare and deliver to the General Assembly, no later than September 1, 2015, a report on the impact of outsourcing services for State agencies subject to the jurisdiction of the chief procurement officer. The report shall include the State's cost of procurement and shall identify those contracts where it was disclosed that services were provided outside of the United States, including a description and value of those services. Each State agency subject to the jurisdiction of the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 must provide the chief procurement officer the information necessary to comply with this Section on or before June 1, 2015. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report in the manner provided by Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 98-1076, eff. 1-1-15
30 ILCS 500/25-70
(30 ILCS 500/25-70)
Electronic mail service; spam free.
Electronic mail service providers that provide electronic mail service under State contracts awarded on or after the effective date of this amendatory Act of the 94th General Assembly must take measures reasonably designed to provide a service that is free of unsolicited electronic mail advertisements (sometimes known as "spam"). The electronic mail service provider is responsible for using software filters or other means to accomplish the requirements of this Section. In this Section, the terms "electronic mail service provider" and "unsolicited electronic mail advertisement" have the same meanings as those terms are defined in the Electronic Mail Act (815 ILCS 511/).
(Source: P.A. 94-413, eff. 1-1-06.)