Public Act 098-1076
 
HB5491 EnrolledLRB098 18402 JWD 53539 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Sections 1-10, 1-11, 1-12, 1-13, 1-15.30, 1-15.50,
1-15.80, 1-15.107, 1-15.108, 1-15.110, 5-5, 5-25, 5-30, 10-20,
15-20, 15-25, 15-30, 15-35, 20-5, 20-10, 20-15, 20-25, 20-30,
20-35, 20-40, 20-43, 20-50, 20-80, 20-95, 20-120, 20-155,
20-160, 25-60, 25-65, 25-80, 30-22, 30-30, 35-30, 35-40, 40-5,
40-15, 40-20, 40-25, 40-55, 45-10, 45-20, 45-30, 45-35, 45-45,
45-57, 45-67, 45-70, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-13,
50-14, 50-20, 50-25, 50-35, 50-36, 50-37, 50-38, 50-39, 50-40,
50-45, 50-70, 55-10 and by adding Sections 1-15.01, 1-15.02,
1-15.12, 1-15.13, 1-15.17, 1-15.51, 1-15.52, 1-15.86,
1-15.111, 15-40, and 15-45 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of this
    type of contract with a value of more than $25,000 must be
    published in the Procurement Bulletin within 10 calendar 7
    days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor shall
    give his or her prior approval when the procuring agency is
    one subject to the jurisdiction of the Governor, and
    provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or her
    prior approval when the procuring entity is not one subject
    to the jurisdiction of the Governor.
        (8) Contracts for services to Northern Illinois
    University by a person, acting as an independent
    contractor, who is qualified by education, experience, and
    technical ability and is selected by negotiation for the
    purpose of providing non-credit educational service
    activities or products by means of specialized programs
    offered by the university.
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) Procurement expenditures by the Illinois Health
    Information Exchange Authority involving private funds
    from the Health Information Exchange Fund. "Private funds"
    means gifts, donations, and private grants.
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other
    professional and artistic services entered into on or
    before December 31, 2018 by the Illinois Finance Authority
    in which the State of Illinois is not obligated. Such
    contracts shall be awarded through a competitive process
    authorized by the Board of the Illinois Finance Authority
    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
    50-35, and 50-37 of this Code, as well as the final
    approval by the Board of the Illinois Finance Authority of
    the terms of the contract.
    Notwithstanding any other provision of law, contracts
entered into under item (12) of this subsection (b) shall be
published in the Procurement Bulletin within 14 calendar days
after contract execution. The chief procurement officer shall
prescribe the form and content of the notice. The Illinois
Finance Authority shall provide the chief procurement officer,
on a monthly basis, in the form and content prescribed by the
chief procurement officer, a report of contracts that are
related to the procurement of goods and services identified in
item (12) of this subsection (b). At a minimum, this report
shall include the name of the contractor, a description of the
supply or service provided, the total amount of the contract,
the term of the contract, and the exception to the Code
utilized. A copy of each of these contracts shall be made
available to the chief procurement officer immediately upon
request. The chief procurement officer shall submit a report to
the Governor and General Assembly no later than November 1 of
each year that shall include, at a minimum, an annual summary
of the monthly information reported to the chief procurement
officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
    (f) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
    (g) This Code does not apply to the processes used by the
Illinois Power Agency to retain a mediator to mediate contract
disputes between gas utilities and the clean coal SNG facility
and to retain an expert to assist in the review of contracts
under subsection (h) of Section 9-220 of the Public Utilities
Act. This Code does not apply to the process used by the
Illinois Commerce Commission to retain an expert to assist in
determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
98-572, eff. 1-1-14; revised 9-9-13.)
 
    (30 ILCS 500/1-11)
    Sec. 1-11. Applicability of certain Public Acts. The
changes made to this Code by Public Act 96-793, Public Act
96-795, and this amendatory Act of the 96th General Assembly
apply to those procurements for which bidders, offerors,
vendors, potential contractors, or contractors were first
solicited on or after July 1, 2010.
(Source: P.A. 96-920, eff. 7-1-10.)
 
    (30 ILCS 500/1-12)
    (Section scheduled to be repealed on December 31, 2016)
    Sec. 1-12. Applicability to artistic or musical services.
    (a) This Code shall not apply to procurement expenditures
necessary to provide artistic or musical services,
performances, or theatrical productions held at a venue
operated or leased by a State agency.
    (b) Notice of each contract entered into by a State agency
that is related to the procurement of goods and services
identified in this Section shall be published in the Illinois
Procurement Bulletin within 14 calendar days after contract
execution. The chief procurement officer shall prescribe the
form and content of the notice. Each State agency shall provide
the chief procurement officer, on a monthly basis, in the form
and content prescribed by the chief procurement officer, a
report of contracts that are related to the procurement of
goods and services identified in this Section. At a minimum,
this report shall include the name of the contractor, a
description of the supply or service provided, the total amount
of the contract, the term of the contract, and the exception to
the Code utilized. A copy of any or all of these contracts
shall be made available to the chief procurement officer
immediately upon request. The chief procurement officer shall
submit a report to the Governor and General Assembly no later
than November 1 of each year that shall include, at a minimum,
an annual summary of the monthly information reported to the
chief procurement officer.
    (c) This Section is repealed December 31, 2016.
(Source: P.A. 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/1-13)
    (Section scheduled to be repealed on December 31, 2014)
    Sec. 1-13. Applicability to public institutions of higher
education.
    (a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
    (b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
        (1) Memberships in professional, academic, research,
    or athletic organizations on behalf of a public institution
    of higher education, an employee of a public institution of
    higher education, or a student at a public institution of
    higher education.
        (2) Procurement expenditures for events or activities
    paid for exclusively by revenues generated by the event or
    activity, gifts or donations for the event or activity,
    private grants, or any combination thereof.
        (3) Procurement expenditures for events or activities
    for which the use of specific potential contractors vendors
    is mandated or identified by the sponsor of the event or
    activity, provided that the sponsor is providing a majority
    of the funding for the event or activity.
        (4) Procurement expenditures necessary to provide
    artistic or musical services, performances, or productions
    held at a venue operated by a public institution of higher
    education.
        (5) Procurement expenditures for periodicals and books
    procured for use by a university library or academic
    department, except for expenditures related to procuring
    textbooks for student use or materials for resale or
    rental.
        (6) Procurement expenditures for placement of students
    in externships, practicums, field experiences, and medical
    residencies and rotations.
        (7) Contracts for programming and broadcast license
    rights for university-operated radio and television
    stations.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (7) (5) of this
subsection shall be published in the Procurement Bulletin
within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of the
notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in
the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name of
the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
    (b-5) Except as provided in this subsection, the provisions
of this Code shall not apply to contracts for FDA-regulated
supplies, and to contracts for medical services necessary for
the delivery of care and treatment at medical, dental, or
veterinary teaching facilities utilized by Southern Illinois
University or the University of Illinois. Other supplies and
services needed for these teaching facilities shall be subject
to the jurisdiction of the Chief Procurement Officer for Public
Institutions of Higher Education who may establish expedited
procurement procedures and may waive or modify certification,
contract, hearing, process and registration requirements
required by the Code. All procurements made under this
subsection shall be documented and may require publication in
the Illinois Procurement Bulletin.
    (c) Procurements made by or on behalf of public
institutions of higher education for any of the following shall
be made in accordance with the requirements of this Code to the
extent practical as provided in this subsection:
        (1) Contracts with a foreign entity necessary for
    research or educational activities, provided that the
    foreign entity either does not maintain an office in the
    United States or is the sole source of the service or
    product.
        (2) (Blank). Procurements of FDA-regulated goods,
    products, and services necessary for the delivery of care
    and treatment at medical, dental, or veterinary teaching
    facilities utilized by the University of Illinois or
    Southern Illinois University.
        (3) (Blank). Contracts for programming and broadcast
    license rights for university-operated radio and
    television stations.
        (4) Procurements required for fulfillment of a grant.
    Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor vendor,
and shall certify that an effort was made in good faith to
comply with the provisions of this Code. The Chief Procurement
Officer shall provide written justification for any waivers. By
November 1 of each year, the Chief Procurement Officer shall
file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after contract
execution. The Chief Procurement Officer shall prescribe the
form and content of the notice.
    (d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
    (e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
    (f) As used in this Section:
    "Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
    "Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
    (g) This Section is repealed on December 31, 2016 2014.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/1-15.01 new)
    Sec. 1-15.01. Bid. "Bid" means the response submitted by a
bidder in a competitive sealed bidding process, to an
invitation for bid, or to a multi-step sealed bidding process.
 
    (30 ILCS 500/1-15.02 new)
    Sec. 1-15.02. Bidder. "Bidder" means one who submits a
response in a competitive sealed bidding process, to an
invitation for bid, or to a multi-step sealed bidding process.
 
    (30 ILCS 500/1-15.12 new)
    Sec. 1-15.12. Change order. "Change order" means a change
in a contract term, other than as specifically provided for in
the contract, which authorizes or necessitates any increase or
decrease in the cost of the contract or the time for completion
for procurements subject to the jurisdiction of the chief
procurement officers appointed pursuant to Section 10-20.
 
    (30 ILCS 500/1-15.13 new)
    Sec. 1-15.13. Chief Procurement Office. "Chief Procurement
Office" means the offices to which the chief procurement
officers are appointed pursuant to Section 10-20.
 
    (30 ILCS 500/1-15.17 new)
    Sec. 1-15.17. Contractor. "Contractor" means any person
having a contract with a State agency as defined in Section
1-15.30.
 
    (30 ILCS 500/1-15.30)
    Sec. 1-15.30. Contract. "Contract" means all types of State
agreements, including change orders and renewals, regardless
of what they may be called, for the procurement, use, or
disposal of supplies, services, professional or artistic
services, or construction or for leases of real property where
the State is the , whether the State is lessor or lessee, or
capital improvements, and including renewals, master
contracts, contracts for financing through use of installment
or lease-purchase arrangements, renegotiated contracts,
amendments to contracts, and change orders.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/1-15.50)
    Sec. 1-15.50. Negotiation. "Negotiation" means the process
of selecting a contractor other than by competitive sealed
bids, multi-step sealed bidding, or competitive sealed
proposals, whereby a purchasing agency can establish any and
all terms and conditions of a procurement contract by
discussion with one or more potential prospective contractors.
(Source: P.A. 90-572, eff. 2-6-98.)
 
    (30 ILCS 500/1-15.51 new)
    Sec. 1-15.51. Offer. "Offer" means a response submitted by
an offeror in a competitive sealed proposal process or to a
request for proposal.
 
    (30 ILCS 500/1-15.52 new)
    Sec. 1-15.52. Offeror. "Offeror" means any person who
submits a proposal in response to a competitive sealed proposal
process or a request for proposals.
 
    (30 ILCS 500/1-15.80)
    Sec. 1-15.80. Responsible bidder, potential contractor, or
offeror. "Responsible bidder, potential contractor, or
offeror" means a person who has the capability in all respects
to perform fully the contract requirements and the integrity
and reliability that will assure good faith performance. A
responsible bidder or offeror shall not include a business or
other entity that does not exist as a legal entity at the time
a bid or offer or proposal is submitted for a State contract.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/1-15.86 new)
    Sec. 1-15.86. Responsive offeror. "Responsive offeror"
means a person who has submitted an offer that conforms in all
material respects to the request for proposals.
 
    (30 ILCS 500/1-15.107)
    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
between a person and a person who has a contract subject to
this Code, pursuant to which the subcontractor provides to the
contractor, or, if the contract price exceeds $50,000, another
subcontractor, some or all of the goods, services, real
property, remuneration, or other monetary forms of
consideration that are the subject of the primary contract and
includes, among other things, subleases from a lessee of a
State agency. For purposes of this Code, a "subcontract" does
not include purchases of goods or supplies that are incidental
to the performance of a contract by a person who has a contract
subject to this Code.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/1-15.108)
    Sec. 1-15.108. Subcontractor. "Subcontractor" means a
person or entity that enters into a contractual agreement with
a total value of $50,000 or more with a person or entity who
has a contract subject to this Code pursuant to which the
person or entity provides some or all of the goods, services,
real property, remuneration, or other monetary forms of
consideration that are the subject of the primary State
contract, including subleases from a lessee of a State
contract. For purposes of this Code, a person or entity is not
a "subcontractor" if that person only provides goods or
supplies that are incidental to the performance of a contract
by a person who has a contract subject to this Code.
(Source: P.A. 96-920, eff. 7-1-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/1-15.110)
    Sec. 1-15.110. Supplies. "Supplies" means all personal
property, including but not limited to equipment, materials,
printing, and insurance, and the financing of those supplies
that can be procured regularly or are available on the
commercial market.
(Source: P.A. 90-572, eff. 2-6-98.)
 
    (30 ILCS 500/1-15.111 new)
    Sec. 1-15.111. Supplier. "Supplier" means any person or
entity providing supplies, including, but not limited to,
equipment, materials, printing, and insurance, and the
financing of those supplies that can be procured regularly or
are available on the commercial market.
 
    (30 ILCS 500/5-5)
    Sec. 5-5. Procurement Policy Board.
    (a) Creation. There is created a Procurement Policy Board,
an agency of the State of Illinois.
    (b) Authority and duties. The Board shall have the
authority and responsibility to review, comment upon, and
recommend, consistent with this Code, rules and practices
governing the procurement, management, control, and disposal
of supplies, services, professional or artistic services,
construction, and real property and capital improvement leases
procured by the State. The Board shall also have the authority
to recommend a program for professional development and provide
opportunities for training in procurement practices and
policies to chief procurement officers and their staffs in
order to ensure that all procurement is conducted in an
efficient, professional, and appropriately transparent manner.
    Upon a three-fifths vote of its members, the Board may
review a contract. Upon a three-fifths vote of its members, the
Board may propose procurement rules for consideration by chief
procurement officers. These proposals shall be published in
each volume of the Procurement Bulletin. Except as otherwise
provided by law, the Board shall act upon the vote of a
majority of its members who have been appointed and are
serving.
    (b-5) Reviews, studies, and hearings. The Board may review,
study, and hold public hearings concerning the implementation
and administration of this Code. Each chief procurement
officer, State purchasing officer, procurement compliance
monitor, and State agency shall cooperate with the Board,
provide information to the Board, and be responsive to the
Board in the Board's conduct of its reviews, studies, and
hearings.
    (c) Members. The Board shall consist of 5 members appointed
one each by the 4 legislative leaders and the Governor. Each
member shall have demonstrated sufficient business or
professional experience in the area of procurement to perform
the functions of the Board. No member may be a member of the
General Assembly.
    (d) Terms. Of the initial appointees, the Governor shall
designate one member, as Chairman, to serve a one-year term,
the President of the Senate and the Speaker of the House shall
each appoint one member to serve 3-year terms, and the Minority
Leader of the House and the Minority Leader of the Senate shall
each appoint one member to serve 2-year terms. Subsequent terms
shall be 4 years. Members may be reappointed for succeeding
terms.
    (e) Reimbursement. Members shall receive no compensation
but shall be reimbursed for any expenses reasonably incurred in
the performance of their duties.
    (f) Staff support. Upon a three-fifths vote of its members,
the Board may employ an executive director. Subject to
appropriation, the Board also may employ a reasonable and
necessary number of staff persons.
    (g) Meetings. Meetings of the Board may be conducted
telephonically, electronically, or through the use of other
telecommunications. Written minutes of such meetings shall be
created and available for public inspection and copying.
    (h) Procurement recommendations. Upon a three-fifths vote
of its members, the Board may review a proposal, bid, or
contract and issue a recommendation to void a contract or
reject a proposal or bid based on any violation of this Code or
the existence of a conflict of interest as described in
subsections (b) and (d) of Section 50-35. A chief procurement
officer or State purchasing officer shall notify the Board if
an alleged conflict of interest or violation of the Code is
identified, discovered, or reasonably suspected to exist. Any
person or entity may notify the Board of an alleged conflict of
interest or violation of the Code. A recommendation of the
Board shall be delivered to the appropriate chief procurement
officer and Executive Ethics Commission within 7 calendar 5
days and must be published in the next volume of the
Procurement Bulletin. In the event that an alleged conflict of
interest or violation of the Code that was not originally
disclosed with the bid, offer, or proposal is identified and
filed with the Board, the Board shall provide written notice of
the alleged conflict of interest or violation to the bidder,
offeror, potential contractor, contractor, or subcontractor on
that contract. If the alleged conflict of interest or violation
is by the subcontractor, written notice shall also be provided
to the bidder, offeror, potential contractor, or contractor.
The bidder, offeror, potential contractor, contractor, or
subcontractor shall have 15 calendar days to provide a written
response to the notice, and a hearing before the Board on the
alleged conflict of interest or violation shall be held upon
request by the bidder, offeror, potential contractor,
contractor, or subcontractor. The requested hearing date and
time shall be determined by the Board, but in no event shall
the hearing occur later than 15 calendar days after the date of
the request.
    (i) After providing notice and a hearing as required by
subsection (h), the Board shall refer any alleged violations of
this Code to the Executive Inspector General in addition to or
instead of issuing a recommendation to void a contract.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/5-25)
    Sec. 5-25. Rulemaking authority; agency policy; agency
response.
    (a) Rulemaking. A chief procurement officer authorized to
make procurements under this Code shall have the authority to
promulgate rules to carry out that authority. The That
rulemaking on specific procurement topics is mentioned in
specific Sections of this Code shall not be construed as
prohibiting or limiting rulemaking on other procurement
topics.
    All rules shall be promulgated in accordance with the
Illinois Administrative Procedure Act. Contractual provisions,
specifications, and procurement descriptions are not rules and
are not subject to the Illinois Administrative Procedure Act.
All rules other than those promulgated by the Board shall be
presented in writing to the Board and the Executive Procurement
Officer for review and comment. The Board and the Executive
Procurement Officer shall express their opinions and
recommendations in writing. The proposed rules and
recommendations shall be made available for public review. The
rules shall also be approved by the Joint Committee on
Administrative Rules.
    (b) Policy. Each chief procurement officer shall promptly
notify the Procurement Policy Board in writing of any proposed
new procurement rule or policy or any proposed change in an
existing procurement rule or policy.
    (c) Response. Each State agency must respond promptly in
writing to all inquiries and comments of the Procurement Policy
Board or Executive Procurement Officer.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/5-30)
    Sec. 5-30. Proposed contracts; Procurement Policy Board.
    (a) Except as provided in subsection (c), within 30
calendar days after notice of the awarding or letting of a
contract has appeared in the Procurement Bulletin in accordance
with subsection (b) of Section 15-25, the Board may request in
writing from the contracting agency and the contracting agency
shall promptly, but in no event later than 7 calendar 5
business days after receipt of the request, provide to the
Board, by electronic or other means satisfactory to the Board,
documentation in the possession of the contracting agency
concerning the proposed contract. Nothing in this subsection is
intended to waive or abrogate any privilege or right of
confidentiality authorized by law.
    (b) No contract subject to this Section may be entered into
until the 30-day period described in subsection (a) has
expired, unless the contracting agency requests in writing that
the Board waive the period and the Board grants the waiver in
writing.
    (c) This Section does not apply to (i) contracts entered
into under this Code for small and emergency procurements as
those procurements are defined in Article 20 and (ii) contracts
for professional and artistic services that are nonrenewable,
one year or less in duration, and have a value of less than
$20,000. If requested in writing by the Board, however, the
contracting agency must promptly, but in no event later than 10
calendar 8 business days after receipt of the request, transmit
to the Board a copy of the contract for an emergency
procurement and documentation in the possession of the
contracting agency concerning the contract.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 500/10-20)
    Sec. 10-20. Independent chief procurement officers.
    (a) Appointment. Within 60 calendar days after the
effective date of this amendatory Act of the 96th General
Assembly, the Executive Ethics Commission, with the advice and
consent of the Senate shall appoint or approve 4 chief
procurement officers, one for each of the following categories:
        (1) for procurements for construction and
    construction-related services committed by law to the
    jurisdiction or responsibility of the Capital Development
    Board;
        (2) for procurements for all construction,
    construction-related services, operation of any facility,
    and the provision of any service or activity committed by
    law to the jurisdiction or responsibility of the Illinois
    Department of Transportation, including the direct or
    reimbursable expenditure of all federal funds for which the
    Department of Transportation is responsible or accountable
    for the use thereof in accordance with federal law,
    regulation, or procedure, the chief procurement officer
    recommended for approval under this item appointed by the
    Secretary of Transportation after consent by the Executive
    Ethics Commission;
        (3) for all procurements made by a public institution
    of higher education; and
        (4) for all other procurement needs of State agencies.
    A chief procurement officer shall be responsible to the
Executive Ethics Commission but must be located within the
agency that the officer provides with procurement services. The
chief procurement officer for higher education shall have an
office located within the Board of Higher Education, unless
otherwise designated by the Executive Ethics Commission. The
chief procurement officer for all other procurement needs of
the State shall have an office located within the Department of
Central Management Services, unless otherwise designated by
the Executive Ethics Commission.
    (b) Terms and independence. Each chief procurement officer
appointed under this Section shall serve for a term of 5 years
beginning on the date of the officer's appointment. The chief
procurement officer may be removed for cause after a hearing by
the Executive Ethics Commission. The Governor or the director
of a State agency directly responsible to the Governor may
institute a complaint against the officer by filing such
complaint with the Commission. The Commission shall have a
hearing based on the complaint. The officer and the complainant
shall receive reasonable notice of the hearing and shall be
permitted to present their respective arguments on the
complaint. After the hearing, the Commission shall make a
finding on the complaint and may take disciplinary action,
including but not limited to removal of the officer.
    The salary of a chief procurement officer shall be
established by the Executive Ethics Commission and may not be
diminished during the officer's term. The salary may not exceed
the salary of the director of a State agency for which the
officer serves as chief procurement officer.
    (c) Qualifications. In addition to any other requirement or
qualification required by State law, each chief procurement
officer must within 12 months of employment be a Certified
Professional Public Buyer or a Certified Public Purchasing
Officer, pursuant to certification by the Universal Public
Purchasing Certification Council, and must reside in Illinois.
    (d) Fiduciary duty. Each chief procurement officer owes a
fiduciary duty to the State.
    (e) Vacancy. In case of a vacancy in one or more of the
offices of a chief procurement officer under this Section
during the recess of the Senate, the Executive Ethics
Commission shall make a temporary appointment until the next
meeting of the Senate, when the Executive Ethics Commission
shall nominate some person to fill the office, and any person
so nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. If the Senate is not in session at
the time this amendatory Act of the 96th General Assembly takes
effect, the Executive Ethics Commission shall make a temporary
appointment as in the case of a vacancy.
    (f) (Blank). Acting chief procurement officers. Prior to
August 31, 2010, the Executive Ethics Commission may, until an
initial chief procurement officer is appointed and qualified,
designate some person as an acting chief procurement officer to
execute the powers and discharge the duties vested by law in
that chief procurement officer. An acting chief procurement
officer shall serve no later than the appointment of the
initial chief procurement officer pursuant to subsection (a) of
this Section. Nothing in this subsection shall prohibit the
Executive Ethics Commission from appointing an acting chief
procurement officer as a chief procurement officer.
    (g) (Blank). Transition schedule. Notwithstanding any
other provision of this Act or this amendatory Act of the 96th
General Assembly, the chief procurement officers on the
effective date of Public Act 96-793 shall continue to serve as
chief procurement officers until August 31, 2010 and shall
retain their powers and duties pertaining to procurements,
provided the chief procurement officer appointed or approved by
the Executive Ethics Commission shall approve any rules
promulgated to implement this Code or the provisions of this
amendatory Act of the 96th General Assembly. The chief
procurement officers appointed or approved by the Executive
Ethics Commission shall assume the position of chief
procurement officer upon appointment and work in collaboration
with the current chief procurement officer and staff. On
September 1, 2010, the chief procurement officers appointed by
the Executive Ethics Commission shall assume the powers and
duties of the chief procurement officers.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
 
    (30 ILCS 500/15-20)
    Sec. 15-20. Qualified bidders or offerors. Subscription to
the Illinois Procurement Bulletin shall not be required to
qualify as a bidder or offeror under this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/15-25)
    Sec. 15-25. Bulletin content.
    (a) Invitations for bids. Notice of each and every contract
that is offered, including renegotiated contracts and change
orders, shall be published in the Bulletin. All , and all
businesses listed on the Department of Transportation
Disadvantaged Business Enterprise Directory, the Department of
Central Management Services Business Enterprise Program, and
the Chief Procurement Office's Small Business Vendors
Directory, and the Capital Development Board's Directory of
Certified Minority and Female Business Enterprises shall be
furnished written instructions and information on how to
register on each Procurement Bulletin maintained by the State.
Such information shall be provided to each business within 30
calendar days after the business' notice of certification. The
applicable chief procurement officer may provide by rule an
organized format for the publication of this information, but
in any case it must include at least the date first offered,
the date submission of offers is due, the location that offers
are to be submitted to, the purchasing State agency, the
responsible State purchasing officer, a brief purchase
description, the method of source selection, information of how
to obtain a comprehensive purchase description and any
disclosure and contract forms, and encouragement to potential
contractors prospective vendors to hire qualified veterans, as
defined by Section 45-67 of this Code, and qualified Illinois
minorities, women, persons with disabilities, and residents
discharged from any Illinois adult correctional center.
    (b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders or offerors
submitting responses to the solicitations, inclusive of the
unsuccessful bidders, immediately upon contract let. Failure
of any chief procurement officer to give such notice shall
result in tolling the time for filing a bid protest up to 7
calendar 5 business days.
    For purposes of this subsection (b), "contracts let" means
a construction agency's act of advertising an invitation for
bids for one or more construction projects. The apparent low
bidder's award and all other bids from bidders responding to
solicitations shall be posted on the agency's website the next
business day.
    (b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder, or offeror, or contractor posted on the
agency's website the next business day, and published in the
next available subsequent Bulletin. The applicable chief
procurement officer may provide by rule an organized format for
the publication of this information, but in any case it must
include at least all of the information specified in subsection
(a) as well as the name of the successful responsible bidder,
or offeror, the contract price, the number of unsuccessful
responsive bidders or offerors , and any other disclosure
specified in any Section of this Code. This notice must be
posted in the online electronic Bulletin prior to execution of
the contract.
    For purposes of this subsection (b-5), "contract award"
means the determination that a particular bidder or offeror has
been selected from among other bidders or offerors to receive a
contract, subject to the successful completion of final
negotiations. "Contract award" is evidenced by the posting of a
Notice of Award or a Notice of Intent to Award to the
respective volume of the Illinois Procurement Bulletin.
    (c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief
procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the next timely, practicable Bulletin. This notice must be
posted in the online electronic Bulletin no later than 5
calendar 3 business days after the contract is awarded. Notice
of a hearing to extend an emergency contract must be posted in
the online electronic Procurement Bulletin no later than 14
calendar 5 business days prior to the hearing.
    (c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief
procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned by
minorities, females, and persons with disabilities as
submitted to the Business Enterprise Council for Minorities,
Females, and Persons with Disabilities pursuant to Section 6(c)
of the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act within 10 calendar business days after
its submission of its report to the Council.
    (c-10) Renewals. Notice of each contract renewal shall be
posted in the online electronic Bulletin within 14 calendar 10
business days of the determination to renew the contract and
the next available subsequent Bulletin. The notice shall
include at least all of the information required in subsection
(b).
    (c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising
sole source procurement authority under this Code shall publish
a written description of intent to enter into a sole source
contract along with a description of the item to be procured
and the intended sole source contractor. This notice must be
posted in the online electronic Procurement Bulletin before a
sole source contract is awarded and at least 14 calendar days
before the hearing required by Section 20-25.
    (d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.
    (e) The changes to subsections (b), (c), (c-5), (c-10), and
(c-15) of this Section made by this amendatory Act of the 96th
General Assembly apply to reports submitted, offers made, and
notices on contracts executed on or after its effective date.
    (f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795);
96-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/15-30)
    Sec. 15-30. Electronic Bulletin clearinghouse.
    (a) The Procurement Policy Board shall maintain on its
official website a searchable database containing all
information required to be included in the Illinois Procurement
Bulletin under subsections (b), (c), (c-10), and (c-15) of
Section 15-25 and all information required to be disclosed
under Section 50-41. The posting of procurement information on
the website is subject to the same posting requirements as the
online electronic Bulletin.
    (b) For the purposes of this Section, searchable means
searchable and sortable by successful responsible bidder, or
offeror, potential contractor, or contractor, for emergency
purchases, business or person contracted with; the contract
price or total cost; the service or good; the purchasing State
agency; and the date first offered or announced.
    (c) The applicable chief procurement officer shall provide
the Procurement Policy Board the information and resources
necessary, and in a manner, to effectuate the purpose of this
Section.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/15-35)
    Sec. 15-35. Vendor portal. Each chief procurement officer
may, in consultation with the agencies under his or her
jurisdiction and the Procurement Policy Board, establish a
vendor portal. The vendor portal shall allow a potential
prospective vendor to provide certifications, disclosures,
registrations, and other documentation needed to do business
with a State agency in advance of any particular procurement. A
potential prospective vendor who registers with the vendor
portal and provides this information may submit its
registration number, with a confirmation that the portal
information remains current, as part of its response to a
competitive selection or a contracting process, rather than
submit the same information in full. One or more chief
procurement officers may jointly operate a vendor portal if a
single portal would better serve the needs of the State
agencies and the vendor community. A chief procurement officer
may accept, for use on procurements and contracts under his or
her jurisdiction, the registration from another chief
procurement officer's vendor portal. This Section applies
notwithstanding any laws to the contrary except for later
enacted laws that specifically refer to this Section.
    Nothing in this Section shall preclude a State agency from
implementing its own pre-qualification, certification,
disclosure, and registration requirements necessary to conduct
and manage its program operation.
    This Section does not apply to any contract for any project
as to which federal funds are available for expenditure when
its provisions may be in conflict with federal law or federal
regulation.
(Source: P.A. 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/15-40 new)
    Sec. 15-40. Method of notices and reports. Notices and
reports required by any Section of this Code may be made by
either paper or electronic means.
 
    (30 ILCS 500/15-45 new)
    Sec. 15-45. Computation of days. The time within which any
act provided in this Code is to be done shall be computed by
excluding the first day and including the last, unless the last
day is Saturday or Sunday or is a holiday, and then it shall
also be excluded. If the day succeeding a Saturday, Sunday, or
holiday is also a holiday, a Saturday, or a Sunday, then that
succeeding day shall also be excluded. For the purposes of this
Code, "holiday" means: New Year's Day; Dr. Martin Luther King,
Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial
Day; Independence Day; Labor Day; Columbus Day; Veterans' Day;
Thanksgiving Day; Christmas Day; and any other day from time to
time declared by the President of the United States or the
Governor of Illinois to be a day during which the agencies of
the State of Illinois that are ordinarily open to do business
with the public shall be closed for business.
 
    (30 ILCS 500/20-5)
    Sec. 20-5. Method of source selection. Unless otherwise
authorized by law, all State contracts shall be awarded by
competitive sealed bidding, in accordance with Section 20-10,
except as provided in Sections 20-15, 20-20, 20-25, 20-30,
20-35, 30-15, and 40-20. The chief procurement officers
appointed pursuant to Section 10-20 may determine the method of
solicitation and contract for all procurements pursuant to this
Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/20-10)
    (Text of Section from P.A. 96-159, 96-588, 97-96, and
97-895)
    Sec. 20-10. Competitive sealed bidding; reverse auction.
    (a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
    (b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
    (c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
    (d) Bid opening. Bids shall be opened publicly in the
presence of one or more witnesses at the time and place
designated in the invitation for bids. The name of each bidder,
the amount of each bid, and other relevant information as may
be specified by rule shall be recorded. After the award of the
contract, the winning bid and the record of each unsuccessful
bid shall be open to public inspection.
    (e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
    (f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
    (g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
        (1) a description of the agency's needs;
        (2) a determination that the anticipated cost will be
    fair and reasonable;
        (3) a listing of all responsible and responsive
    bidders; and
        (4) the name of the bidder selected, the total contract
    price, and the reasons for selecting that bidder.
    Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
    The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 calendar days
after the agency's decision to award the contract.
    (h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
    (i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
    (j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
    An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
    Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
    Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
    After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
    The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
    This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 96-159, eff. 8-10-09; 96-588, eff. 8-18-09;
97-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
 
    (Text of Section from P.A. 96-159, 96-795, 97-96, and
97-895)
    Sec. 20-10. Competitive sealed bidding; reverse auction.
    (a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
    (b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
    (c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
    (d) Bid opening. Bids shall be opened publicly in the
presence of one or more witnesses at the time and place
designated in the invitation for bids. The name of each bidder,
the amount of each bid, and other relevant information as may
be specified by rule shall be recorded. After the award of the
contract, the winning bid and the record of each unsuccessful
bid shall be open to public inspection.
    (e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
    (f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
    (g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
        (1) a description of the agency's needs;
        (2) a determination that the anticipated cost will be
    fair and reasonable;
        (3) a listing of all responsible and responsive
    bidders; and
        (4) the name of the bidder selected, the total contract
    price, and the reasons for selecting that bidder.
    Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
    The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 days after
the agency's decision to award the contract.
    (h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
    (i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
    (j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
    An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
    Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
    Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
    After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
    The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
    This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 96-159, eff. 8-10-09; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); 97-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/20-15)
    Sec. 20-15. Competitive sealed proposals.
    (a) Conditions for use. When provided under this Code or
under rules, or when the purchasing agency determines in
writing that the use of competitive sealed bidding is either
not practicable or not advantageous to the State, a contract
may be entered into by competitive sealed proposals.
    (b) Request for proposals. Proposals shall be solicited
through a request for proposals.
    (c) Public notice. Public notice of the request for
proposals shall be published in the Illinois Procurement
Bulletin at least 14 calendar days before the date set in the
invitation for the opening of proposals.
    (d) Receipt of proposals. Proposals shall be opened
publicly in the presence of one or more witnesses at the time
and place designated in the request for proposals, but
proposals shall be opened in a manner to avoid disclosure of
contents to competing offerors during the process of
negotiation. A record of proposals shall be prepared and shall
be open for public inspection after contract award.
    (e) Evaluation factors. The requests for proposals shall
state the relative importance of price and other evaluation
factors. Proposals shall be submitted in 2 parts: the first,
covering items except price; and the second, covering price.
The first part of all proposals shall be evaluated and ranked
independently of the second part of all proposals.
    (f) Discussion with responsible offerors and revisions of
offers or proposals. As provided in the request for proposals
and under rules, discussions may be conducted with responsible
offerors who submit offers or proposals determined to be
reasonably susceptible of being selected for award for the
purpose of clarifying and assuring full understanding of and
responsiveness to the solicitation requirements. Those
offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and
before award for the purpose of obtaining best and final
offers. In conducting discussions there shall be no disclosure
of any information derived from proposals submitted by
competing offerors. If information is disclosed to any offeror,
it shall be provided to all competing offerors.
    (g) Award. Awards shall be made to the responsible offeror
whose proposal is determined in writing to be the most
advantageous to the State, taking into consideration price and
the evaluation factors set forth in the request for proposals.
The contract file shall contain the basis on which the award is
made.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/20-25)
    Sec. 20-25. Sole source procurements.
    (a) In accordance with standards set by rule, contracts may
be awarded without use of the specified method of source
selection when there is only one economically feasible source
for the item. A State contract may be awarded as a sole source
procurement unless an interested party submits a written
request for a public hearing at which the chief procurement
officer and purchasing agency present written justification
for the procurement method. Any interested party may present
testimony. A sole source contract where a hearing was requested
by an interested party may be awarded after the hearing is
conducted with the approval of the chief procurement officer.
    (b) This Section may not be used as a basis for amending a
contract for professional or artistic services if the amendment
would result in an increase in the amount paid under the
contract of more than 5% of the initial award, or would extend
the contract term beyond the time reasonably needed for a
competitive procurement, not to exceed 2 months.
    (c) Notice of intent to enter into a sole source contract
shall be provided to the Procurement Policy Board and published
in the online electronic Bulletin at least 14 calendar days
before the public hearing required in subsection (a). The
notice shall include the sole source procurement justification
form prescribed by the Board, a description of the item to be
procured, the intended sole source contractor, and the date,
time, and location of the public hearing. A copy of the notice
and all documents provided at the hearing shall be included in
the subsequent Procurement Bulletin.
    (d) By August 1 each year, each chief procurement officer
shall file a report with the General Assembly identifying each
contract the officer sought under the sole source procurement
method and providing the justification given for seeking sole
source as the procurement method for each of those contracts.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/20-30)
    Sec. 20-30. Emergency purchases.
    (a) Conditions for use. In accordance with standards set by
rule, a purchasing agency may make emergency procurements
without competitive sealed bidding or prior notice when there
exists a threat to public health or public safety, or when
immediate expenditure is necessary for repairs to State
property in order to protect against further loss of or damage
to State property, to prevent or minimize serious disruption in
critical State services that affect health, safety, or
collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of
the emergency purchase shall be limited to the time reasonably
needed for a competitive procurement, not to exceed 90 calendar
days. A contract may be extended beyond 90 calendar days if the
chief procurement officer determines additional time is
necessary and that the contract scope and duration are limited
to the emergency. Prior to execution of the extension, the
chief procurement officer must hold a public hearing and
provide written justification for all emergency contracts.
Members of the public may present testimony. Emergency
procurements shall be made with as much competition as is
practicable under the circumstances. A written description of
the basis for the emergency and reasons for the selection of
the particular contractor shall be included in the contract
file.
    (b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and published in the
online electronic Bulletin no later than 5 calendar 3 business
days after the contract is awarded. Notice of intent to extend
an emergency contract shall be provided to the Procurement
Policy Board and published in the online electronic Bulletin at
least 14 calendar days before the public hearing. Notice shall
include at least a description of the need for the emergency
purchase, the contractor, and if applicable, the date, time,
and location of the public hearing. A copy of this notice and
all documents provided at the hearing shall be included in the
subsequent Procurement Bulletin. Before the next appropriate
volume of the Illinois Procurement Bulletin, the purchasing
agency shall publish in the Illinois Procurement Bulletin a
copy of each written description and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate
and published. When the actual total cost is determined, it
shall also be published in like manner before the 10th day of
the next succeeding month.
    (c) Affidavits. A chief procurement officer making a
procurement under this Section shall file affidavits with the
Procurement Policy Board and the Auditor General within 10
calendar days after the procurement setting forth the amount
expended, the name of the contractor involved, and the
conditions and circumstances requiring the emergency
procurement. When only an estimate of the cost is available
within 10 calendar days after the procurement, the actual cost
shall be reported immediately after it is determined. At the
end of each fiscal quarter, the Auditor General shall file with
the Legislative Audit Commission and the Governor a complete
listing of all emergency procurements reported during that
fiscal quarter. The Legislative Audit Commission shall review
the emergency procurements so reported and, in its annual
reports, advise the General Assembly of procurements that
appear to constitute an abuse of this Section.
    (d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items available
at a discount for a limited period of time.
    (e) The changes to this Section made by this amendatory Act
of the 96th General Assembly apply to procurements executed on
or after its effective date.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/20-35)
    Sec. 20-35. Competitive selection procedures.
    (a) Conditions for use. The services specified in Article
35 shall be procured in accordance with this Section, except as
authorized under Sections 20-25 and 20-30 of this Article.
    (b) Statement of qualifications. Respondents Potential
contractors shall submit statements of qualifications and
expressions of interest. The chief procurement officer shall
specify a uniform format for statements of qualifications.
Persons may amend these statements at any time by filing a new
statement.
    (c) Public announcement and form of request for proposals.
Public notice of the need for the procurement shall be given in
the form of a request for proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before
the date set in the request for proposals for the opening of
proposals. The request for proposals shall describe the
services required, list the type of information and data
required of each respondent offeror, and state the relative
importance of particular qualifications.
    (d) Discussions. The purchasing agency may conduct
discussions with any respondent offeror who has submitted a
response proposal to determine the respondent's offeror's
qualifications for further consideration. Discussions shall
not disclose any information derived from proposals submitted
by other respondents offerors.
    (e) Award. Award shall be made to the respondent offeror
determined in writing by the purchasing agency to be best
qualified based on the evaluation factors set forth in the
request for proposals and negotiation of compensation
determined to be fair and reasonable.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/20-40)
    Sec. 20-40. Cancellation of invitations for bids or
requests for proposals. An invitation for bids, a request for
proposals, or any other solicitation may be cancelled without
penalty, or any and all bids, offers, or proposals, or any
other solicitation may be rejected in whole or in part as may
be specified in the solicitation, when it is in the best
interests of the State in accordance with rules. The reasons
for cancellation or rejection shall be made part of the
contract file.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/20-43)
    Sec. 20-43. Bidder or offeror authorized to do business in
Illinois. In addition to meeting any other requirement of law
or rule, a person (other than an individual acting as a sole
proprietor) may qualify as a bidder or offeror under this Code
only if the person is a legal entity authorized to transact do
business or conduct affairs in Illinois prior to submitting the
bid, offer, or proposal.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795).)
 
    (30 ILCS 500/20-50)
    Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent standards that are
promulgated by the chief procurement officer and reviewed by
the Board and the Joint Committee on Administrative Rules.
Those standards shall include a prohibition against the use of
brand-name only products, except for products intended for
retail sale or as specified by rule. All specifications shall
seek to promote overall economy for the purposes intended and
encourage competition in satisfying the State's needs and shall
not be unduly restrictive.
    A solicitation or specification for a contract or a
contract, including a contract but not limited to of a college,
university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require,
stipulate, suggest, or encourage a monetary or other financial
contribution or donation, cash bonus or incentive, or economic
investment, or other prohibited conduct as an explicit or
implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also
may not include a requirement that an individual or individuals
employed by such a college, university, or institution receive
a consulting contract for professional services.
    As used in this Section, "prohibited conduct" includes
requested payments or other consideration by a third party to
the university or State agency that is not part of the
solicitation or that is unrelated to the subject matter or
purpose of the solicitation. "Prohibited conduct" does not
include a payment from the vendor that is supported by
additional consideration (such as exclusive rights to sell
items or rights to advertise), other than the consideration of
the State's awarding a contract to purchase of goods and
services.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/20-80)
    Sec. 20-80. Contract files.
    (a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
    (b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1) contracts
paid from personal services, or (2) contracts between the State
and its employees to defer compensation in accordance with
Article 24 of the Illinois Pension Code, exceeding $20,000 is
incurred by any State agency, a copy of the contract, purchase
order, grant, or lease shall be filed with the Comptroller
within 30 calendar days thereafter. Beginning January 1, 2013,
the Comptroller may require that contracts and grants required
to be filed with the Comptroller under this Section shall be
filed electronically, unless the agency is incapable of filing
the contract or grant electronically because it does not
possess the necessary technology or equipment. Any agency that
is incapable of electronically filing its contracts or grants
shall submit a written statement to the Governor and to the
Comptroller attesting to the reasons for its inability to
comply. This statement shall include a discussion of what the
agency needs in order to effectively comply with this Section.
Prior to requiring electronic filing, the Comptroller shall
consult with the Governor as to the feasibility of establishing
mutually agreeable technical standards for the electronic
document imaging, storage, and transfer of contracts and
grants, taking into consideration the technology available to
that agency, best practices, and the technological
capabilities of State agencies. Nothing in this amendatory Act
of the 97th General Assembly shall be construed to impede the
implementation of an Enterprise Resource Planning (ERP)
system. For each State contract for goods, supplies, or
services awarded on or after July 1, 2010, the contracting
agency shall provide the applicable rate and unit of
measurement of the goods, supplies, or services on the contract
obligation document as required by the Comptroller. If the
contract obligation document that is submitted to the
Comptroller contains the rate and unit of measurement of the
goods, supplies, or services, the Comptroller shall provide
that information on his or her official website. Any
cancellation or modification to any such contract liability
shall be filed with the Comptroller within 30 calendar days of
its execution.
    (c) Late filing affidavit. When a contract, purchase order,
grant, or lease required to be filed by this Section has not
been filed within 30 calendar days of execution, the
Comptroller shall refuse to issue a warrant for payment
thereunder until the agency files with the Comptroller the
contract, purchase order, grant, or lease and an affidavit,
signed by the chief executive officer of the agency or his or
her designee, setting forth an explanation of why the contract
liability was not filed within 30 calendar days of execution. A
copy of this affidavit shall be filed with the Auditor General.
    (d) Timely execution of contracts. No voucher shall be
submitted to the Comptroller for a warrant to be drawn for the
payment of money from the State treasury or from other funds
held by the State Treasurer on account of any contract unless
the contract is reduced to writing before the services are
performed and filed with the Comptroller. Vendors shall not be
paid for any goods that were received or services that were
rendered before the contract was reduced to writing and signed
by all necessary parties. A chief procurement officer may
request an exception to this subsection by submitting a written
statement to the Comptroller and Treasurer setting forth the
circumstances and reasons why the contract could not be reduced
to writing before the supplies were received or services were
performed. A waiver of this subsection must be approved by the
Comptroller and Treasurer. This Section shall not apply to
emergency purchases if notice of the emergency purchase is
filed with the Procurement Policy Board and published in the
Bulletin as required by this Code.
    (e) Method of source selection. When a contract is filed
with the Comptroller under this Section, the Comptroller's file
shall identify the method of source selection used in obtaining
the contract.
(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); 96-1000, eff. 7-2-10; 97-932, eff. 8-10-12.)
 
    (30 ILCS 500/20-95)
    Sec. 20-95. Donations. Nothing in this Code or in the rules
promulgated under this Code shall prevent any State agency from
complying with the terms and conditions of any grant, gift, or
bequest that calls for the procurement of a particular good or
service or the use of a particular vendor contractor, provided
that the grant, gift, or bequest provides majority funding for
the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/20-120)
    Sec. 20-120. Subcontractors.
    (a) Any contract granted under this Code shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all known
subcontractors with subcontracts with an annual value of more
than $50,000, the general type of work to be performed by these
subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief
procurement officer appointed pursuant to paragraph (2) of
subsection (a) of Section 10-20, the contractor shall provide
the chief procurement officer a copy of a subcontract so
identified within 15 calendar days after the request is made. A
subcontractor, or contractor on behalf of a subcontractor, may
identify information that is deemed proprietary or
confidential. If the chief procurement officer determines the
information is not relevant to the primary contract, the chief
procurement officer may excuse the inclusion of the
information. If the chief procurement officer determines the
information is proprietary or could harm the business interest
of the subcontractor, the chief procurement officer may, in his
or her discretion, redact the information. Redacted
information shall not become part of the public record.
    (b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer,
State purchasing officer, or their designee of the names and
addresses of each new or replaced subcontractor and the general
type of work to be performed. Upon the request of the chief
procurement officer appointed pursuant to paragraph (2) of
subsection (a) of Section 10-20, the contractor shall provide
the chief procurement officer a copy of any new or amended
subcontract so identified within 15 calendar days after the
request is made.
    (c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the
subcontractor's certifications required by Article 50 of the
Code.
    (d) This Section applies to procurements solicited on or
after the effective date of this amendatory Act of the 96th
General Assembly. The changes made to this Section by this
amendatory Act of the 97th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 97th General Assembly.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 96-920, eff. 7-1-10;
97-895, eff. 8-3-12.)
 
    (30 ILCS 500/20-155)
    Sec. 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) (a) 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) (b) 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 7 business days
following award of the contract.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/20-160)
    Sec. 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) Within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, each 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 shall submit a copy
of the certificate of registration to the applicable chief
procurement officer within 90 days after the effective date of
this amendatory Act of the 95th General Assembly. 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 within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, 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 10 business 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 (10 ILCS 5/9-35) may
be assessed.
    Also, if a business entity required to register under this
subsection has a pending bid or offer proposal, any change in
information shall be reported to the State Board of Elections
within 7 calendar 5 business 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 proposal 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 proposal is due. A chief procurement
officer shall not accept a bid or offer proposal if the
business entity is not in compliance with the registration
requirements as of the date bids or offers proposals are due.
    (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 proposal, 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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-848,
eff. 1-1-10; 97-333, eff. 8-12-11; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/25-60)
    Sec. 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 vendor
    to its employees who perform the work on the State
    contracts. The bidder, or offeror, potential contractor,
    or contractor in order to be considered to be a responsible
    bidder, or 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. "Printing"
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 physically or mentally handicapped persons or to
sheltered workshops for the severely disabled.
(Source: P.A. 93-370, eff. 1-1-04.)
 
    (30 ILCS 500/25-65)
    Sec. 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 prospective
vendors 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.
    The Department of Central Management Services shall
prepare and deliver to the General Assembly, no later than
September 1, 2007, a report on the impact of outsourcing
services on the State's cost of procurement that identifies
those contracts where it was disclosed that services were
provided outside of the United States and a description and
value of those services.
(Source: P.A. 93-1081, eff. 6-1-05.)
 
    (30 ILCS 500/25-80)
    Sec. 25-80. Successor contractor vendor. All service
contracts shall include a clause requiring the bidder or
offeror, in order to be considered a responsible bidder or
offeror for the purposes of this Code, to certify to the
purchasing agency (i) that it shall offer to assume the
collective bargaining obligations of the prior employer,
including any existing collective bargaining agreement with
the bargaining representative of any existing collective
bargaining unit or units performing substantially similar work
to the services covered by the contract subject to its bid or
offer, and (ii) that it shall offer employment to all employees
currently employed in any existing bargaining unit performing
substantially similar work that will be performed by the
successor vendor.
    This Section does not apply to heating and air conditioning
service contracts, plumbing service contracts, and electrical
service contracts.
(Source: P.A. 95-314, eff. 1-1-08.)
 
    (30 ILCS 500/30-22)
    Sec. 30-22. Construction contracts; responsible bidder
requirements. To be considered a responsible bidder on a
construction contract for purposes of this Code, a bidder must
comply with all of the following requirements and must present
satisfactory evidence of that compliance to the appropriate
construction agency:
        (1) The bidder must comply with all applicable laws
    concerning the bidder's entitlement to conduct business in
    Illinois.
        (2) The bidder must comply with all applicable
    provisions of the Prevailing Wage Act.
        (3) The bidder must comply with Subchapter VI ("Equal
    Employment Opportunities") of Chapter 21 of Title 42 of the
    United States Code (42 U.S.C. 2000e and following) and with
    Federal Executive Order No. 11246 as amended by Executive
    Order No. 11375.
        (4) The bidder must have a valid Federal Employer
    Identification Number or, if an individual, a valid Social
    Security Number.
        (5) The bidder must have a valid certificate of
    insurance showing the following coverages: general
    liability, professional liability, product liability,
    workers' compensation, completed operations, hazardous
    occupation, and automobile.
        (6) The bidder and all bidder's subcontractors must
    participate in applicable apprenticeship and training
    programs approved by and registered with the United States
    Department of Labor's Bureau of Apprenticeship and
    Training.
        (7) For contracts with the Illinois Power Agency, the
    Director of the Illinois Power Agency may establish
    additional requirements for responsible bidders. These
    additional requirements, if established, shall be set
    forth together with the other criteria contained in the
    invitation for bids, and shall appear in the appropriate
    volume of the Illinois Procurement Bulletin.
        (8) The bidder must certify submit a signed affidavit
    stating that the bidder will maintain an Illinois office as
    the primary place of employment for persons employed in the
    construction authorized by the contract.
    The provisions of this Section shall not apply to federally
funded construction projects if such application would
jeopardize the receipt or use of federal funds in support of
such a project.
(Source: P.A. 97-369, eff. 8-15-11.)
 
    (30 ILCS 500/30-30)
    Sec. 30-30. Contracts in excess of $250,000. For building
construction contracts in excess of $250,000, separate
specifications shall be prepared for all equipment, labor, and
materials in connection with the following 5 subdivisions of
the work to be performed:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic
    temperature control systems, including the testing and
    balancing of those systems;
        (3) ventilating and distribution systems for
    conditioned air, including the testing and balancing of
    those systems;
        (4) electric wiring; and
        (5) general contract work.
    The specifications must be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof shall award
the 5 subdivisions of work separately to responsible and
reliable persons, firms, or corporations engaged in these
classes of work. The contracts, at the discretion of the
construction agency, may be assigned to the successful bidder
on the general contract work or to the successful bidder on the
subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided
that all payments will be made directly to the contractors for
the 5 subdivisions of work upon compliance with the conditions
of the contract.
    Until a date 4 years after July 1, 2011, the requirements
of this Section do not apply to a construction project for
which the Capital Development Board is the construction agency
if: (i) the project budget is at least $15,000,000; (ii) the
Capital Development Board has submitted to the Procurement
Policy Board a written request for a public hearing on waiver
of the application of the requirements of this Section to that
project, including its reasons for seeking the waiver and why
the waiver is in the best interest of the State; (iii) the
Capital Development Board has posted notice of the waiver
hearing on its procurement web page and on the online
Procurement Bulletin at least 15 calendar working days before
the hearing; (iv) the Procurement Policy Board, after
conducting the public hearing on the waiver request, reviews
and approves the request in writing before the award of the
contract; (v) the successful low bidder has prequalified with
the Capital Development Board; (vi) the bid of the successful
low bidder identifies the name of the subcontractor, if any,
and the bid proposal costs for each of the 5 subdivisions of
work set forth in this Section; and (vii) the contract entered
into with the successful bidder provides that no identified
subcontractor may be terminated without the written consent of
the Capital Development Board. With respect to any construction
project described in this paragraph, the Capital Development
Board shall: (i) provide to the Auditor General an affidavit
that the waiver of the application of the requirements of this
Section is in the best interest of the State; (ii) specify in
writing as a public record that the project shall comply with
the disadvantaged business practices of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act and the equal employment practices of Section
2-105 of the Illinois Human Rights Act; and (iii) report
annually to the Governor and the General Assembly on the
bidding, award, and performance. On and after January 1, 2009
(the effective date of Public Act 95-758), the Capital
Development Board may award in each year contracts with an
aggregate total value of no more than $200,000,000 with respect
to construction projects described in this paragraph.
    Until a date 11 years after November 29, 2005 (the
effective date of Public Act 94-699), the requirements of this
Section do not apply to the Capitol Building HVAC upgrade
project if (i) the bid of the successful bidder identifies the
name of the subcontractor, if any, and the bid proposal costs
for each of the 5 subdivisions of work set forth in this
Section, and (ii) the contract entered into with the successful
bidder provides that no identified subcontractor may be
terminated without the written consent of the Capital
Development Board.
(Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13.)
 
    (30 ILCS 500/35-30)
    Sec. 35-30. Awards.
    (a) All State contracts for professional and artistic
services, except as provided in this Section, shall be awarded
using the competitive request for proposal process outlined in
this Section.
    (b) For each contract offered, the chief procurement
officer, State purchasing officer, or his or her designee shall
use the appropriate standard solicitation forms available from
the chief procurement officer for matters other than
construction or the higher education chief procurement
officer.
    (c) Prepared forms shall be submitted to the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, for publication in its Illinois Procurement
Bulletin and circulation to the chief procurement officer for
matters other than construction or the higher education chief
procurement officer's list of prequalified vendors. Notice of
the offer or request for proposal shall appear at least 14
calendar days before the response to the offer is due.
    (d) All interested respondents shall return their
responses to the chief procurement officer for matters other
than construction or the higher education chief procurement
officer, whichever is appropriate, which shall open and record
them. The chief procurement officer for matters other than
construction or higher education chief procurement officer
then shall forward the responses, together with any information
it has available about the qualifications and other State work
of the respondents.
    (e) After evaluation, ranking, and selection, the
responsible chief procurement officer, State purchasing
officer, or his or her designee shall notify the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, of the successful respondent and shall forward a
copy of the signed contract for the chief procurement officer
for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for
matters other than construction or higher education chief
procurement officer shall publish the names of the responsible
procurement decision-maker, the agency letting the contract,
the successful respondent, a contract reference, and value of
the let contract in the next appropriate volume of the Illinois
Procurement Bulletin.
    (f) For all professional and artistic contracts with
annualized value that exceeds $25,000, evaluation and ranking
by price are required. Any chief procurement officer or State
purchasing officer, but not their designees, may select a
respondent an offeror other than the lowest respondent bidder
by price. In any case, when the contract exceeds the $25,000
threshold and the lowest respondent bidder is not selected, the
chief procurement officer or the State purchasing officer shall
forward together with the contract notice of who the low
respondent by price bidder was and a written decision as to why
another was selected to the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate. The chief
procurement officer for matters other than construction or
higher education chief procurement officer shall publish as
provided in subsection (e) of Section 35-30, but shall include
notice of the chief procurement officer's or State purchasing
officer's written decision.
    (g) The chief procurement officer for matters other than
construction and higher education chief procurement officer
may each refine, but not contradict, this Section by
promulgating rules for submission to the Procurement Policy
Board and then to the Joint Committee on Administrative Rules.
Any refinement shall be based on the principles and procedures
of the federal Architect-Engineer Selection Law, Public Law
92-582 Brooks Act, and the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act; except that
pricing shall be an integral part of the selection process.
(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
96-920, eff. 7-1-10.)
 
    (30 ILCS 500/35-40)
    Sec. 35-40. Subcontractors.
    (a) Any contract granted under this Article shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all
subcontractors with an annual value of more than $50,000, the
general type of work to be performed by these subcontractors,
and the expected amount of money each will receive under the
contract. Upon the request of the chief procurement officer
appointed pursuant to paragraph (2) of subsection (a) of
Section 10-20, the contractor shall provide the chief
procurement officer a copy of a subcontract so identified
within 15 calendar days after the request is made. A
subcontractor, or contractor on behalf of a subcontractor, may
identify information that is deemed proprietary or
confidential. If the chief procurement officer determines the
information is not relevant to the primary contract, the chief
procurement officer may excuse the inclusion of the
information. If the chief procurement officer determines the
information is proprietary or could harm the business interest
of the subcontractor, the chief procurement officer may, in his
or her discretion, redact the information. Redacted
information shall not become part of the public record.
    (b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their designee of the
names and addresses and the expected amount of money each new
or replaced subcontractor will receive. Upon request of the
chief procurement officer appointed pursuant to paragraph (2)
of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer a copy of any new or
amended subcontract so identified within 15 calendar days after
the request is made.
    (c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the
subcontractor's certifications required by Article 50 of this
Code.
    (d) For purposes of this Section, the changes made by this
amendatory Act of the 98th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 98th General Assembly.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
    (30 ILCS 500/40-5)
    Sec. 40-5. Applicability. All leases for real property or
capital improvements, including office and storage space,
buildings, and other facilities for State agencies where the
State is the lessee, shall be procured in accordance with the
provisions of this Article. All State agencies, with the
exception of public institutions of higher education, shall, in
consultation with the Department of Central Management
Services, evaluate the State's existing lease portfolio prior
to engaging in a procurement for real property or capital
improvements.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/40-15)
    Sec. 40-15. Method of source selection.
    (a) Request for information. Except as provided in
subsections (b) and (c), all State contracts for leases of real
property or capital improvements shall be awarded by a request
for information process in accordance with Section 40-20.
    (b) Other methods. A request for information process need
not be used in procuring any of the following leases:
        (1) Property of less than 10,000 square feet with rent
    of less than $100,000 per year.
        (2) (Blank).
        (3) Duration of less than one year that cannot be
    renewed.
        (4) Specialized space available at only one location.
        (5) Renewal or extension of a lease; provided that: (i)
    the chief procurement officer determines in writing that
    the renewal or extension is in the best interest of the
    State; (ii) the chief procurement officer submits his or
    her written determination and the renewal or extension to
    the Board; (iii) the Board does not object in writing to
    the renewal or extension within 30 calendar days after its
    submission; and (iv) the chief procurement officer
    publishes the renewal or extension in the appropriate
    volume of the Procurement Bulletin.
    (c) Leases with governmental units. Leases with other
governmental units may be negotiated without using the request
for information process when deemed by the chief procurement
officer to be in the best interest of the State.
(Source: P.A. 95-647, eff. 10-11-07; 96-920, eff. 7-1-10.)
 
    (30 ILCS 500/40-20)
    Sec. 40-20. Request for information.
    (a) Conditions for use. Leases shall be procured by request
for information except as otherwise provided in Section 40-15.
    (b) Form. A request for information shall be issued and
shall include:
        (1) the type of property to be leased;
        (2) the proposed uses of the property;
        (3) the duration of the lease;
        (4) the preferred location of the property; and
        (5) a general description of the configuration
    desired.
    (c) Public notice. Public notice of the request for
information for the availability of real property to lease
shall be published in the appropriate volume of the Illinois
Procurement Bulletin at least 14 calendar days before the date
set forth in the request for receipt of responses and shall
also be published in similar manner in a newspaper of general
circulation in the community or communities where the using
agency is seeking space.
    (d) Response. The request for information response shall
consist of written information sufficient to show that the
respondent can meet minimum criteria set forth in the request.
State purchasing officers may enter into discussions with
respondents for the purpose of clarifying State needs and the
information supplied by the respondents. On the basis of the
information supplied and discussions, if any, a State
purchasing officer shall make a written determination
identifying the responses that meet the minimum criteria set
forth in the request for information. Negotiations shall be
entered into with all qualified respondents for the purpose of
securing a lease that is in the best interest of the State. A
written report of the negotiations shall be retained in the
lease files and shall include the reasons for the final
selection. All leases shall be reduced to writing; one copy
shall be filed with the Comptroller in accordance with the
provisions of Section 20-80, and one copy shall be filed with
the Board.
    When the lowest response by price is not selected, the
State purchasing officer shall forward to the chief procurement
officer, along with the lease, notice of the identity of the
lowest respondent by price and written reasons for the
selection of a different response. The chief procurement
officer shall publish the written reasons in the next volume of
the Illinois Procurement Bulletin.
    (e) Board review. Upon receipt of (1) any proposed lease of
real property of 10,000 or more square feet or (2) any proposed
lease of real property with annual rent payments of $100,000 or
more, the Procurement Policy Board shall have 30 calendar days
to review the proposed lease. If the Board does not object in
writing within 30 calendar days, then the proposed lease shall
become effective according to its terms as submitted. The
leasing agency shall make any and all materials available to
the Board to assist in the review process.
(Source: P.A. 96-1521, eff. 2-14-11.)
 
    (30 ILCS 500/40-25)
    Sec. 40-25. Length of leases.
    (a) Maximum term. Leases shall be for a term not to exceed
10 years inclusive, beginning January, 1, 2010, of proposed
contract renewals and shall include a termination option in
favor of the State after 5 years.
    (b) Renewal. Leases may include a renewal option. An option
to renew may be exercised only when a State purchasing officer
determines in writing that renewal is in the best interest of
the State and notice of the exercise of the option is published
in the appropriate volume of the Procurement Bulletin at least
60 calendar days prior to the exercise of the option.
    (c) Subject to appropriation. All leases shall recite that
they are subject to termination and cancellation in any year
for which the General Assembly fails to make an appropriation
to make payments under the terms of the lease.
    (d) Holdover. Beginning January 1, 2010, no lease may
continue on a month-to-month or other holdover basis for a
total of more than 6 months. Beginning July 1, 2010, the
Comptroller shall withhold payment of leases beyond this
holdover period.
(Source: P.A. 96-15, eff. 6-22-09; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795).)
 
    (30 ILCS 500/40-55)
    Sec. 40-55. Lessor's failure to make improvements. Each
lease must provide for actual or liquidated damages a penalty
upon the lessor's failure to make improvements agreed upon in
the lease. The actual or liquidated damages penalty shall
consist of a reduction in lease payments equal to the
corresponding percentage of the improvement value to the lease
value. The actual or liquidated damages penalty shall continue
until the lessor complies with the lease and the improvements
are certified by the chief procurement officer and the leasing
State agency.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 500/45-10)
    Sec. 45-10. Resident bidders and offerors.
    (a) Amount of preference. When a contract is to be awarded
to the lowest responsible bidder or offeror, a resident bidder
or offeror shall be allowed a preference as against a
non-resident bidder or offeror from any state that gives or
requires a preference to bidders or offerors from that state.
The preference shall be equal to the preference given or
required by the state of the non-resident bidder or offeror.
Further, if only non-resident bidders or offerors are bidding,
the purchasing agency is within its right to specify that
Illinois labor and manufacturing locations be used as a part of
the manufacturing process, if applicable. This specification
may be negotiated as part of the solicitation process.
    (b) Residency. A resident bidder or offeror is a person
authorized to transact business in this State and having a bona
fide establishment for transacting business within this State
where it was actually transacting business on the date when any
bid for a public contract is first advertised or announced. A
resident bidder or offeror includes a foreign corporation duly
authorized to transact business in this State that has a bona
fide establishment for transacting business within this State
where it was actually transacting business on the date when any
bid for a public contract is first advertised or announced.
    (c) Federal funds. This Section does not apply to any
contract for any project as to which federal funds are
available for expenditure when its provisions may be in
conflict with federal law or federal regulation.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/45-20)
    Sec. 45-20. Recycled supplies. When a public contract is to
be awarded to the lowest responsible bidder or offeror, an
otherwise qualified bidder or offeror who will fulfill the
contract through the use of products made of recycled supplies
may be given preference over other bidders or offerors unable
to do so, provided that the cost included in the bid of
supplies made of recycled materials does not constitute an
undue economic or practical hardship.
(Source: P.A. 96-197, eff. 1-1-10.)
 
    (30 ILCS 500/45-30)
    Sec. 45-30. Illinois Correctional industries.
Notwithstanding anything to the contrary in other law, the
chief procurement officer appointed pursuant to paragraph (4)
of subsection (a) of Section 10-20 of the Department of Central
Management Services shall, in consultation with Illinois
Correctional Industries, a division of the Illinois Department
of Corrections (referred to as the "Illinois Correctional
Industries" or "ICI") determine for all State agencies which
articles, materials, industry related services, food stuffs,
and finished goods that are produced or manufactured by persons
confined in institutions and facilities of the Department of
Corrections who are participating in Illinois Correctional
Industries programs shall be purchased from Illinois
Correctional Industries. The chief procurement officer
appointed pursuant to paragraph (4) of subsection (a) of
Section 10-20 of Central Management Services shall develop and
distribute to the various purchasing and using agencies a
listing of all Illinois Correctional Industries products and
procedures for implementing this Section.
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
 
    (30 ILCS 500/45-35)
    Sec. 45-35. Facilities for persons with severe
disabilities.
    (a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with severe disabilities
that:
        (1) complies with Illinois laws governing private
    not-for-profit organizations;
        (2) is certified as a sheltered workshop by the Wage
    and Hour Division of the United States Department of Labor
    or is an accredited vocational program that provides
    transition services to youth between the ages of 14 1/2 and
    22 in accordance with individualized education plans under
    Section 14-8.03 of the School Code and that provides
    residential services at a child care institution, as
    defined under Section 2.06 of the Child Care Act of 1969,
    or at a group home, as defined under Section 2.16 of the
    Child Care Act of 1969; and
        (3) meets the applicable Illinois Department of Human
    Services just standards.
    (b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair market price.
    (c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services of persons so severely
disabled by a physical, developmental, or mental disability or
a combination of any of those disabilities that they cannot
engage in normal competitive employment. This committee is
called the State Use Committee. The committee shall consist of
the Director of the Department of Central Management Services
or his or her designee, the Director of the Department of Human
Services or his or her designee, one public member representing
private business who is knowledgeable of the employment needs
and concerns of persons with developmental disabilities, one
public member representing private business who is
knowledgeable of the needs and concerns of rehabilitation
facilities, one public member who is knowledgeable of the
employment needs and concerns of persons with developmental
disabilities, one public member who is knowledgeable of the
needs and concerns of rehabilitation facilities, and 2 public
members from a statewide association that represents
community-based rehabilitation facilities, all appointed by
the Governor. The public members shall serve 2 year terms,
commencing upon appointment and every 2 years thereafter. A
public member may be reappointed, and vacancies shall be filled
by appointment for the completion of the term. In the event
there is a vacancy on the Committee, the Governor must make an
appointment to fill that vacancy within 30 calendar days after
the notice of vacancy. The members shall serve without
compensation but shall be reimbursed for expenses at a rate
equal to that of State employees on a per diem basis by the
Department of Central Management Services. All members shall be
entitled to vote on issues before the committee.
    The committee shall have the following powers and duties:
        (1) To request from any State agency information as to
    product specification and service requirements in order to
    carry out its purpose.
        (2) To meet quarterly or more often as necessary to
    carry out its purposes.
        (3) To request a quarterly report from each
    participating qualified not-for-profit agency for persons
    with severe disabilities describing the volume of sales for
    each product or service sold under this Section.
        (4) To prepare a report for the Governor and General
    Assembly no later than December 31 of each year annually.
    The requirement for reporting to the General Assembly shall
    be satisfied by following the procedures set forth in
    Section 3.1 of the General Assembly Organization Act.
        (5) To prepare a publication that lists all supplies
    and services currently available from any qualified
    not-for-profit agency for persons with severe
    disabilities. This list and any revisions shall be
    distributed to all purchasing agencies.
        (6) To encourage diversity in supplies and services
    provided by qualified not-for-profit agencies for persons
    with severe disabilities and discourage unnecessary
    duplication or competition among facilities.
        (7) To develop guidelines to be followed by qualifying
    agencies for participation under the provisions of this
    Section. The guidelines shall be developed within 6 months
    after the effective date of this Code and made available on
    a nondiscriminatory basis to all qualifying agencies.
        (8) To review all bids submitted under the provisions
    of this Section and reject any bid for any purchase that is
    determined to be substantially more than the purchase would
    have cost had it been competitively bid.
        (9) To develop a 5-year plan for increasing the number
    of products and services purchased from qualified
    not-for-profit agencies for persons with severe
    disabilities, including the feasibility of developing
    mandatory set-aside contracts. This 5-year plan must be
    developed no later than 180 calendar days after the
    effective date of this amendatory Act of the 96th General
    Assembly.
    (c-5) Conditions for Use. Each chief procurement officer
shall, in consultation with the State Use Committee, determine
which articles, materials, services, food stuffs, and supplies
that are produced, manufactured, or provided by persons with
severe disabilities in qualified not-for-profit agencies shall
be given preference by purchasing agencies procuring those
items.
    (d) Former committee. The committee created under
subsection (c) shall replace the committee created under
Section 7-2 of the Illinois Purchasing Act, which shall
continue to operate until the appointments under subsection (c)
are made.
(Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/45-45)
    Sec. 45-45. Small businesses.
    (a) Set-asides. Each The chief procurement officer has
authority to designate as small business set-asides a fair
proportion of construction, supply, and service contracts for
award to small businesses in Illinois. Advertisements for bids
or offers for those contracts shall specify designation as
small business set-asides. In awarding the contracts, only bids
or offers from qualified small businesses shall be considered.
    (b) Small business. "Small business" means a business that
is independently owned and operated and that is not dominant in
its field of operation. The chief procurement officer shall
establish a detailed definition by rule, using in addition to
the foregoing criteria other criteria, including the number of
employees and the dollar volume of business. When computing the
size status of a potential contractor bidder, annual sales and
receipts of the potential contractor bidder and all of its
affiliates shall be included. The maximum number of employees
and the maximum dollar volume that a small business may have
under the rules promulgated by the chief procurement officer
may vary from industry to industry to the extent necessary to
reflect differing characteristics of those industries, subject
to the following limitations:
        (1) No wholesale business is a small business if its
    annual sales for its most recently completed fiscal year
    exceed $13,000,000 $10,000,000.
        (2) No retail business or business selling services is
    a small business if its annual sales and receipts exceed
    $8,000,000 $6,000,000.
        (3) No manufacturing business is a small business if it
    employs more than 250 persons.
        (4) No construction business is a small business if its
    annual sales and receipts exceed $14,000,000 $10,000,000.
    (c) Fair proportion. For the purpose of subsection (a), for
State agencies of the executive branch, a fair proportion of
construction contracts shall be no less than 25% nor more than
40% of the annual total contracts for construction.
    (d) Withdrawal of designation. A small business set-aside
designation may be withdrawn by the purchasing agency when
deemed in the best interests of the State. Upon withdrawal, all
bids or offers shall be rejected, and the bidders or offerors
shall be notified of the reason for rejection. The contract
shall then be awarded in accordance with this Code without the
designation of small business set-aside.
    (e) Small business specialist. The chief procurement
officer shall designate a State purchasing officer who will be
responsible for engaging an experienced contract negotiator to
serve as its small business specialist, whose duties shall
include:
        (1) Compiling and maintaining a comprehensive bidders
    list of potential small contractors businesses. In this
    duty, he or she shall cooperate with the Federal Small
    Business Administration in locating potential sources for
    various products and services.
        (2) Assisting small businesses in complying with the
    procedures for bidding on State contracts.
        (3) Examining requests from State agencies for the
    purchase of property or services to help determine which
    invitations to bid are to be designated small business
    set-asides.
        (4) Making recommendations to the chief procurement
    officer for the simplification of specifications and terms
    in order to increase the opportunities for small business
    participation.
        (5) Assisting in investigations by purchasing agencies
    to determine the responsibility of bidders or offerors on
    small business set-asides.
    (f) Small business annual report. The State purchasing
officer designated under subsection (e) shall annually before
December 1 report in writing to the General Assembly concerning
the awarding of contracts to small businesses. The report shall
include the total value of awards made in the preceding fiscal
year under the designation of small business set-aside. The
report shall also include the total value of awards made to
businesses owned by minorities, females, and persons with
disabilities, as defined in the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act, in the
preceding fiscal year under the designation of small business
set-aside.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
 
    (30 ILCS 500/45-57)
    Sec. 45-57. Veterans.
    (a) Set-aside goal. It is the goal of the State to promote
and encourage the continued economic development of small
businesses owned and controlled by qualified veterans and that
qualified service-disabled veteran-owned small businesses
(referred to as SDVOSB) and veteran-owned small businesses
(referred to as VOSB) participate in the State's procurement
process as both prime contractors and subcontractors. Not less
than 3% of the total dollar amount of State contracts, as
defined by the Director of Central Management Services, shall
be established as a goal to be awarded to SDVOSB and VOSB. That
portion of a contract under which the contractor subcontracts
with a SDVOSB or VOSB may be counted toward the goal of this
subsection. The Department of Central Management Services
shall adopt rules to implement compliance with this subsection
by all State agencies.
    (b) Fiscal year reports. By each September 1, each chief
procurement officer shall report to the Department of Central
Management Services on all of the following for the immediately
preceding fiscal year, and by each March 1 the Department of
Central Management Services shall compile and report that
information to the General Assembly:
        (1) The total number of VOSB, and the number of SDVOSB,
    who submitted bids for contracts under this Code.
        (2) The total number of VOSB, and the number of SDVOSB,
    who entered into contracts with the State under this Code
    and the total value of those contracts.
    (c) Yearly review and recommendations. Each year, each
chief procurement officer shall review the progress of all
State agencies under its jurisdiction in meeting the goal
described in subsection (a), with input from statewide
veterans' service organizations and from the business
community, including businesses owned by qualified veterans,
and shall make recommendations to be included in the Department
of Central Management Services' report to the General Assembly
regarding continuation, increases, or decreases of the
percentage goal. The recommendations shall be based upon the
number of businesses that are owned by qualified veterans and
on the continued need to encourage and promote businesses owned
by qualified veterans.
    (d) Governor's recommendations. To assist the State in
reaching the goal described in subsection (a), the Governor
shall recommend to the General Assembly changes in programs to
assist businesses owned by qualified veterans.
    (e) Definitions. As used in this Section:
    "Armed forces of the United States" means the United States
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
active duty as defined under 38 U.S.C. Section 101. Service in
the Merchant Marine that constitutes active duty under Section
401 of federal Public Act 95-202 shall also be considered
service in the armed forces for purposes of this Section.
    "Certification" means a determination made by the Illinois
Department of Veterans' Affairs and the Department of Central
Management Services that a business entity is a qualified
service-disabled veteran-owned small business or a qualified
veteran-owned small business for whatever purpose. A SDVOSB or
VOSB owned and controlled by females, minorities, or persons
with disabilities, as those terms are defined in Section 2 of
the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act, may also select and designate whether
that business is to be certified as a "female-owned business",
"minority-owned business", or "business owned by a person with
a disability", as defined in Section 2 of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act.
    "Control" means the exclusive, ultimate, majority, or sole
control of the business, including but not limited to capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operation responsibilities, cost-control matters, income and
dividend matters, financial transactions, and rights of other
shareholders or joint partners. Control shall be real,
substantial, and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management, and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business, and control shall not include simple
majority or absentee ownership.
    "Qualified service-disabled veteran" means a veteran who
has been found to have 10% or more service-connected disability
by the United States Department of Veterans Affairs or the
United States Department of Defense.
    "Qualified service-disabled veteran-owned small business"
or "SDVOSB" means a small business (i) that is at least 51%
owned by one or more qualified service-disabled veterans living
in Illinois or, in the case of a corporation, at least 51% of
the stock of which is owned by one or more qualified
service-disabled veterans living in Illinois; (ii) that has its
home office in Illinois; and (iii) for which items (i) and (ii)
are factually verified annually by the Department of Central
Management Services.
    "Qualified veteran-owned small business" or "VOSB" means a
small business (i) that is at least 51% owned by one or more
qualified veterans living in Illinois or, in the case of a
corporation, at least 51% of the stock of which is owned by one
or more qualified veterans living in Illinois; (ii) that has
its home office in Illinois; and (iii) for which items (i) and
(ii) are factually verified annually by the Department of
Central Management Services.
    "Service-connected disability" means a disability incurred
in the line of duty in the active military, naval, or air
service as described in 38 U.S.C. 101(16).
    "Small business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Department of Central
Management Services for certification for a particular
contract if the firm can demonstrate that the contract would
have significant impact on SDVOSB or VOSB as suppliers or
subcontractors or in employment of veterans or
service-disabled veterans.
    "State agency" has the same meaning as in Section 2 of the
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
    "Time of hostilities with a foreign country" means any
period of time in the past, present, or future during which a
declaration of war by the United States Congress has been or is
in effect or during which an emergency condition has been or is
in effect that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
    "Veteran" means a person who (i) has been a member of the
armed forces of the United States or, while a citizen of the
United States, was a member of the armed forces of allies of
the United States in time of hostilities with a foreign country
and (ii) has served under one or more of the following
conditions: (a) the veteran served a total of at least 6
months; (b) the veteran served for the duration of hostilities
regardless of the length of the engagement; (c) the veteran was
discharged on the basis of hardship; or (d) the veteran was
released from active duty because of a service connected
disability and was discharged under honorable conditions.
    (f) Certification program. The Illinois Department of
Veterans' Affairs and the Department of Central Management
Services shall work together to devise a certification
procedure to assure that businesses taking advantage of this
Section are legitimately classified as qualified
service-disabled veteran-owned small businesses or qualified
veteran-owned small businesses.
    (g) Penalties.
        (1) Administrative penalties. The chief procurement
    officers appointed pursuant to Section 10-20 Department of
    Central Management Services shall suspend any person who
    commits a violation of Section 17-10.3 or subsection (d) of
    Section 33E-6 of the Criminal Code of 1961 or the Criminal
    Code of 2012 relating to this Section from bidding on, or
    participating as a contractor, subcontractor, or supplier
    in, any State contract or project for a period of not less
    than 3 years, and, if the person is certified as a
    service-disabled veteran-owned small business or a
    veteran-owned small business, then the Department shall
    revoke the business's certification for a period of not
    less than 3 years. An additional or subsequent violation
    shall extend the periods of suspension and revocation for a
    period of not less than 5 years. The suspension and
    revocation shall apply to the principals of the business
    and any subsequent business formed or financed by, or
    affiliated with, those principals.
        (2) Reports of violations. Each State agency shall
    report any alleged violation of Section 17-10.3 or
    subsection (d) of Section 33E-6 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to this Section
    to the chief procurement officers appointed pursuant to
    Section 10-20 Department of Central Management Services.
    The chief procurement officers appointed pursuant to
    Section 10-20 Department of Central Management Services
    shall subsequently report all such alleged violations to
    the Attorney General, who shall determine whether to bring
    a civil action against any person for the violation.
        (3) List of suspended persons. The chief procurement
    officers appointed pursuant to Section 10-20 Department of
    Central Management Services shall monitor the status of all
    reported violations of Section 17-10.3 or subsection (d) of
    Section 33E-6 of the Criminal Code of 1961 or the Criminal
    Code of 2012 relating to this Section and shall maintain
    and make available to all State agencies a central listing
    of all persons that committed violations resulting in
    suspension.
        (4) Use of suspended persons. During the period of a
    person's suspension under paragraph (1) of this
    subsection, a State agency shall not enter into any
    contract with that person or with any contractor using the
    services of that person as a subcontractor.
        (5) Duty to check list. Each State agency shall check
    the central listing provided by the chief procurement
    officers appointed pursuant to Section 10-20 Department of
    Central Management Services under paragraph (3) of this
    subsection to verify that a person being awarded a contract
    by that State agency, or to be used as a subcontractor or
    supplier on a contract being awarded by that State agency,
    is not under suspension pursuant to paragraph (1) of this
    subsection.
(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
98-307, eff. 8-12-13.)
 
    (30 ILCS 500/45-67)
    Sec. 45-67. Encouragement to hire qualified veterans. A
chief procurement officer may, as part of any solicitation,
encourage potential contractors prospective vendors to
consider hiring qualified veterans and to notify them of any
available financial incentives or other advantages associated
with hiring such persons. In establishing internal guidelines
in furtherance of this Section, the Department of Central
Management Services may work with an interagency advisory
committee consisting of representatives from the Department of
Veterans Affairs, the Department of Employment Security, the
Department of Commerce and Economic Opportunity, and the
Department of Revenue and consisting of 8 members of the
General Assembly, 2 of whom are appointed by the Speaker of the
House of Representatives, 2 of whom are appointed by the
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
    For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
    The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage potential contractors prospective vendors to
consider hiring qualified veterans. The report must include the
number of vendors who have hired qualified veterans.
(Source: P.A. 94-1067, eff. 8-1-06.)
 
    (30 ILCS 500/45-70)
    Sec. 45-70. Encouragement to hire ex-offenders. A chief
procurement officer may, as part of any solicitation, encourage
potential contractors prospective vendors to consider hiring
Illinois residents discharged from any Illinois adult
correctional center, in appropriate circumstances, and to
notify them of any available financial incentives or other
advantages associated with hiring such persons. In
establishing internal guidelines in furtherance of this
Section, the Department of Central Management Services may work
with an interagency advisory committee consisting of
representatives from the Department of Corrections, the
Department of Employment Security, the Department of Juvenile
Justice, the Department of Commerce and Economic Opportunity,
and the Department of Revenue and consisting of 8 members of
the General Assembly, 2 of whom are appointed by the Speaker of
the House of Representatives, 2 of whom are appointed by the
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
    The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage potential contractors prospective vendors to
consider hiring Illinois residents who have been discharged
from an Illinois adult correctional center. The report must
include the number of vendors who have hired Illinois residents
who have been discharged from any Illinois adult correctional
center.
(Source: P.A. 94-1067, eff. 8-1-06.)
 
    (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
    any other state of bribery or attempting to bribe an
    officer or employee of the State of Illinois or any other
    state in that officer's or employee's official capacity; or
        (2) has made an admission of guilt of that conduct that
    is a matter of record but has not been prosecuted for 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
    guilty; or
        (2) the business demonstrates to the governmental
    entity with which it seeks to contract or which is a
    signatory to the contract to which the subcontract relates,
    and that entity finds that the commission of the offense
    was not authorized, requested, commanded, or performed by a
    director, officer, or high managerial agent on behalf of
    the business as provided in paragraph (2) of subsection (a)
    of Section 5-4 of the Criminal Code of 2012.
    (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 to
and contract executed by the State, and 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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12; 97-1150, eff. 1-25-13.)
 
    (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.
    (b) Every bid or offer submitted to the State, every and
contract executed by the State, and 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, or 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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (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, or 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 and
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
    referenced in subsection (a); or
        (2) the business is ordered to pay punitive damages
    based on the conduct of any officer, director, partner, or
    other managerial agent who has been convicted of a felony
    referenced in subsection (a).
    (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 proposal 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 and, if
applicable, that communication is documented in accordance
with Section 50-39 or (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.
    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.
    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, or
shareholder 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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/50-11)
    Sec. 50-11. Debt delinquency.
    (a) No person shall submit a bid or offer for, or enter
into a contract or subcontract under this Code, or make a
submission to a vendor portal if that person knows or should
know that he or she or any affiliate is delinquent in the
payment of any debt to the State, unless the person or
affiliate has entered into a deferred payment plan to pay off
the debt. For purposes of this Section, the phrase "delinquent
in the payment of any debt" shall be determined by the Debt
Collection Bureau. For purposes of this Section, the term
"affiliate" means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (a), a person controls an entity if the
person owns, directly or individually, more than 10% of the
voting securities of that entity. As used in this subsection
(a), the term "voting security" means a security that (1)
confers upon the holder the right to vote for the election of
members of the board of directors or similar governing body of
the business or (2) is convertible into, or entitles the holder
to receive upon its exercise, a security that confers such a
right to vote. A general partnership interest is a voting
security.
    (b) Every bid and offer submitted to the State, every
vendor's submission to a vendor portal, every and contract
executed by the State 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,
respondent, potential contractor, contractor or the
subcontractor and its affiliate 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 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.
(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for effective date of changes made by
P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/50-12)
    Sec. 50-12. Collection and remittance of Illinois Use Tax.
    (a) No person shall enter into a contract with a State
agency or enter into a subcontract under this Code unless the
person and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions of
the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business within
this State" as defined in Section 2 of the Use Tax Act. For
purposes of this Section, the term "affiliate" means any entity
that (1) directly, indirectly, or constructively controls
another entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (a), an
entity controls another entity if it owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
    (b) Every bid and offer submitted to the State, every
submission to a vendor portal, every and contract executed by
the State 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, respondent, potential
contractor, contractor, or subcontractor is not barred from
bidding for or entering into a contract under subsection (a) of
this Section and acknowledges that the chief procurement
officer may 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.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/50-13)
    Sec. 50-13. Conflicts of interest.
    (a) Prohibition. It is unlawful for any person holding an
elective office in this State, holding a seat in the General
Assembly, or appointed to or employed in any of the offices or
agencies of State government and who receives compensation for
such employment in excess of 60% of the salary of the Governor
of the State of Illinois, or who is an officer or employee of
the Capital Development Board or the Illinois Toll Highway
Authority, or who is the spouse or minor child of any such
person to have or acquire any contract, or any direct pecuniary
interest in any contract therein, whether for stationery,
printing, paper, or any services, materials, or supplies, that
will be wholly or partially satisfied by the payment of funds
appropriated by the General Assembly of the State of Illinois
or in any contract of the Capital Development Board or the
Illinois Toll Highway Authority.
    (b) Interests. It is unlawful for any firm, partnership,
association, or corporation, in which any person listed in
subsection (a) is entitled to receive (i) more than 7 1/2% of
the total distributable income or (ii) an amount in excess of
the salary of the Governor, to have or acquire any such
contract or direct pecuniary interest therein.
    (c) Combined interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) together with his or her spouse or
minor children is entitled to receive (i) more than 15%, in the
aggregate, of the total distributable income or (ii) an amount
in excess of 2 times the salary of the Governor, to have or
acquire any such contract or direct pecuniary interest therein.
    (c-5) Appointees and firms. In addition to any provisions
of this Code, the interests of certain appointees and their
firms are subject to Section 3A-35 of the Illinois Governmental
Ethics Act.
    (d) Securities. Nothing in this Section invalidates the
provisions of any bond or other security previously offered or
to be offered for sale or sold by or for the State of Illinois.
    (e) Prior interests. This Section does not affect the
validity of any contract made between the State and an officer
or employee of the State or member of the General Assembly, his
or her spouse, minor child, or other immediate family member
living in his or her residence or any combination of those
persons if that contract was in existence before his or her
election or employment as an officer, member, or employee. The
contract is voidable, however, if it cannot be completed within
365 calendar days after the officer, member, or employee takes
office or is employed.
    (f) Exceptions.
        (1) Public aid payments. This Section does not apply to
    payments made for a public aid recipient.
        (2) Teaching. This Section does not apply to a contract
    for personal services as a teacher or school administrator
    between a member of the General Assembly or his or her
    spouse, or a State officer or employee or his or her
    spouse, and any school district, public community college
    district, the University of Illinois, Southern Illinois
    University, Illinois State University, Eastern Illinois
    University, Northern Illinois University, Western Illinois
    University, Chicago State University, Governor State
    University, or Northeastern Illinois University.
        (3) Ministerial duties. This Section does not apply to
    a contract for personal services of a wholly ministerial
    character, including but not limited to services as a
    laborer, clerk, typist, stenographer, page, bookkeeper,
    receptionist, or telephone switchboard operator, made by a
    spouse or minor child of an elective or appointive State
    officer or employee or of a member of the General Assembly.
        (4) Child and family services. This Section does not
    apply to payments made to a member of the General Assembly,
    a State officer or employee, his or her spouse or minor
    child acting as a foster parent, homemaker, advocate, or
    volunteer for or in behalf of a child or family served by
    the Department of Children and Family Services.
        (5) Licensed professionals. Contracts with licensed
    professionals, provided they are competitively bid or part
    of a reimbursement program for specific, customary goods
    and services through the Department of Children and Family
    Services, the Department of Human Services, the Department
    of Healthcare and Family Services, the Department of Public
    Health, or the Department on Aging.
    (g) Penalty. A person convicted of a violation of this
Section is guilty of a business offense and shall be fined not
less than $1,000 nor more than $5,000.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (30 ILCS 500/50-14)
    Sec. 50-14. Environmental Protection Act violations.
    (a) Unless otherwise provided, no person or business found
by a court or the Pollution Control Board to have committed a
willful or knowing violation of the Environmental Protection
Act shall do business with the State of Illinois or any State
agency or enter into a subcontract that is subject to this Code
from the date of the order containing the finding of violation
until 5 years after that date, unless the person or business
can show that no person involved in the violation continues to
have any involvement with the business.
    (b) A person or business otherwise barred from doing
business with the State of Illinois or any State agency or
subcontracting under this Code by subsection (a) may be allowed
to do business with the State of Illinois or any State agency
if it is shown that there is no practicable alternative to the
State to contracting with that person or business.
    (c) Every bid or offer submitted to the State, every and
contract executed by the State, every 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 contracting State agency may declare the related
contract void if any of the certifications completed pursuant
to this subsection (c) 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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/50-20)
    Sec. 50-20. Exemptions. The appropriate chief procurement
officer may file a request with the Executive Ethics Commission
to exempt named individuals from the prohibitions of Section
50-13 when, in his or her judgment, the public interest in
having the individual in the service of the State outweighs the
public policy evidenced in that Section. The Executive Ethics
Commission may grant an exemption after a public hearing at
which any person may present testimony. The chief procurement
officer shall publish notice of the date, time, and location of
the hearing in the online electronic Bulletin at least 14
calendar days prior to the hearing and provide notice to the
individual subject to the waiver and the Procurement Policy
Board. The Executive Ethics Commission shall also provide
public notice of the date, time, and location of the hearing on
its website. If the Commission grants an exemption, the
exemption is effective only if it is filed with the Secretary
of State and the Comptroller prior to the execution of any
contract and includes a statement setting forth the name of the
individual and all the pertinent facts that would make that
Section applicable, setting forth the reason for the exemption,
and declaring the individual exempted from that Section. Notice
of each exemption shall be published in the Illinois
Procurement Bulletin. A contract for which a waiver has been
issued but has not been filed in accordance with this Section
is voidable by the State. The changes to this Section made by
this amendatory Act of the 96th General Assembly shall apply to
exemptions granted on or after its effective date.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    (30 ILCS 500/50-25)
    Sec. 50-25. Inducement. Any person who offers or pays any
money or other valuable thing to any person to induce him or
her not to provide a submission to a vendor portal, bid, or
submit an offer for a State contract or as recompense for not
having bid on or submitted an offer for a State contract or
provided a submission to a vendor portal is guilty of a Class 4
felony. Any person who accepts any money or other valuable
thing for not bidding or submitting an offer for a State
contract, not making a submission to a vendor portal, or who
withholds a bid, offer, or submission to vendor portal in
consideration of the promise for the payment of money or other
valuable thing is guilty of a Class 4 felony.
(Source: P.A. 90-572, eff. 2-6-98.)
 
    (30 ILCS 500/50-35)
    Sec. 50-35. Financial disclosure and potential conflicts
of interest.
    (a) All bids and offers from responsive bidders, or
offerors, vendors, or contractors with an annual value of more
than $50,000, and all submissions to a vendor portal, $25,000
shall be accompanied by disclosure of the financial interests
of the contractor, bidder, offeror, potential contractor, or
contractor or proposer and each subcontractor to be used. In
addition, all subcontracts identified as provided by Section
20-120 of this Code with an annual value of more than $50,000
shall be accompanied by disclosure of the financial interests
of each subcontractor. The financial disclosure of each
successful bidder, offeror, potential contractor, or
contractor bidder or offeror and its subcontractors shall be
incorporated as a material term of the contract and shall
become part of the publicly available contract or procurement
file maintained by the appropriate chief procurement officer.
Each disclosure under this Section shall be signed and made
under penalty of perjury by an authorized officer or employee
on behalf of the bidder, offeror, potential contractor,
contractor, or subcontractor bidder or offeror, and must be
filed with the Procurement Policy Board.
    (b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than
60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
contractor, bidder, offeror, potential contractor, contractor,
or subcontractor (i) is a publicly traded entity subject to
Federal 10K reporting, in which case it may submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a
privately held entity that is exempt from Federal 10k reporting
but has more than 100 200 shareholders, in which case it may
submit the information that Federal 10k reporting companies are
required to report under 17 CFR 229.401 and list the names of
any person or entity holding any ownership share that is in
excess of 5% in place of the prescribed disclosure. The form of
disclosure shall be prescribed by the applicable chief
procurement officer and must include at least the names,
addresses, and dollar or proportionate share of ownership of
each person identified in this Section, their instrument of
ownership or beneficial relationship, and notice of any
potential conflict of interest resulting from the current
ownership or beneficial relationship of each individual person
identified in this Section having in addition any of the
following relationships:
        (1) State employment, currently or in the previous 3
    years, including contractual employment of services.
        (2) State employment of spouse, father, mother, son, or
    daughter, including contractual employment for services in
    the previous 2 years.
        (3) Elective status; the holding of elective office of
    the State of Illinois, the government of the United States,
    any unit of local government authorized by the Constitution
    of the State of Illinois or the statutes of the State of
    Illinois currently or in the previous 3 years.
        (4) Relationship to anyone holding elective office
    currently or in the previous 2 years; spouse, father,
    mother, son, or daughter.
        (5) Appointive office; the holding of any appointive
    government office of the State of Illinois, the United
    States of America, or any unit of local government
    authorized by the Constitution of the State of Illinois or
    the statutes of the State of Illinois, which office
    entitles the holder to compensation in excess of expenses
    incurred in the discharge of that office currently or in
    the previous 3 years.
        (6) Relationship to anyone holding appointive office
    currently or in the previous 2 years; spouse, father,
    mother, son, or daughter.
        (7) Employment, currently or in the previous 3 years,
    as or by any registered lobbyist of the State government.
        (8) Relationship to anyone who is or was a registered
    lobbyist in the previous 2 years; spouse, father, mother,
    son, or daughter.
        (9) Compensated employment, currently or in the
    previous 3 years, by any registered election or re-election
    committee registered with the Secretary of State or any
    county clerk in the State of Illinois, or any political
    action committee registered with either the Secretary of
    State or the Federal Board of Elections.
        (10) Relationship to anyone; spouse, father, mother,
    son, or daughter; who is or was a compensated employee in
    the last 2 years of any registered election or re-election
    committee registered with the Secretary of State or any
    county clerk in the State of Illinois, or any political
    action committee registered with either the Secretary of
    State or the Federal Board of Elections.
    (b-1) The disclosure required under this Section must also
include the name and address of each lobbyist required to
register under the Lobbyist Registration Act and other agent of
the bidder, or offeror, potential contractor, contractor, or
subcontractor who is not identified under subsections (a) and
(b) and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer. The disclosure under this subsection is a
continuing obligation and must be promptly supplemented for
accuracy throughout the process and throughout the term of the
contract if the bid or offer is successful.
    (b-2) The disclosure required under this Section must also
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the
previous 10 years: suspension or debarment from contracting
with any governmental entity; professional licensure
discipline; bankruptcies; adverse civil judgments and
administrative findings; and criminal felony convictions. The
disclosure under this subsection is a continuing obligation and
must be promptly supplemented for accuracy throughout the
process and throughout the term of the contract if the bid or
offer is successful.
    (c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the chief
procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
    (d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send the
contract to the Procurement Policy Board. In accordance with
the objectives of subsection (c), if the Procurement Policy
Board finds evidence of a potential conflict of interest not
originally disclosed by the bidder, offeror, potential
contractor, contractor, or subcontractor, the Board shall
provide written notice to the bidder, offeror, potential
contractor, contractor, or subcontractor that is identified,
discovered, or reasonably suspected of having a potential
conflict of interest. The bidder, offeror, potential
contractor, contractor, or subcontractor shall have 15
calendar days to respond in writing to the Board, and a hearing
before the Board will be granted upon request by the bidder,
offeror, potential contractor, contractor, contractor's or
subcontractor subcontractor's request, at a date and time to be
determined by the Board, but which in no event shall occur
later than 15 calendar days after the date of the request. Upon
consideration, the Board shall recommend, in writing, whether
to allow or void the contract, bid, offer, or subcontract
weighing the best interest of the State of Illinois. All
recommendations shall be submitted to the Executive Ethics
Commission. The Executive Ethics Commission must hold a public
hearing within 30 calendar days after receiving the Board's
recommendation if the Procurement Policy Board makes a
recommendation to (i) void a contract or (ii) void a bid or
offer and the chief procurement officer selected or intends to
award the contract to the bidder, or offeror, or potential
contractor. A chief procurement officer is prohibited from
awarding a contract before a hearing if the Board
recommendation does not support a bid or offer. The
recommendation and proceedings of any hearing, if applicable,
shall be available to the public.
    (e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or submission to a vendor portal or
proposal. The chief procurement officer, the State purchasing
officer, or their designees shall be responsible for using any
reasonably known and publicly available information to
discover any undisclosed potential conflict of interest and act
to protect the best interest of the State of Illinois.
    (f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if he
or she deems it in the best interest of the State of Illinois
and, at his or her discretion, may be cause for barring from
future contracts, bids, offers, proposals, subcontracts, or
relationships with the State for a period of up to 2 years.
    (g) Intentional, willful, or material failure to disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if he
or she deems it in the best interest of the State of Illinois
and shall result in debarment from future contracts, bids,
offers, proposals, subcontracts, or relationships for a period
of not less than 2 years and not more than 10 years.
Reinstatement after 2 years and before 10 years must be
reviewed and commented on in writing by the Governor of the
State of Illinois, or by an executive ethics board or
commission he or she might designate. The comment shall be
returned to the responsible chief procurement officer who must
rule in writing whether and when to reinstate.
    (h) In addition, all disclosures shall note any other
current or pending contracts, bids, offers, proposals,
subcontracts, leases, or other ongoing procurement
relationships the bidder bidding, offeror, potential
contractor, contractor proposing, offering, or subcontractor
subcontracting entity has with any other unit of State
government and shall clearly identify the unit and the
contract, offer, proposal, lease, or other relationship.
    (i) The contractor or bidder, offeror, potential
contractor, or contractor has a continuing obligation to
supplement the disclosure required by this Section throughout
the bidding process or during the term of any contract, and
during the vendor portal registration process.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-490, eff. 8-22-11; 97-895, eff. 8-3-12.)
 
    (30 ILCS 500/50-36)
    Sec. 50-36. Disclosure of business in Iran.
    (a) As used in this Section:
    "Business operations" means engaging in commerce in any
form in Iran, including, but not limited to, acquiring,
developing, maintaining, owning, selling, possessing, leasing,
or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other
apparatus of business or commerce.
    "Company" means any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company, or other entity or business association, including all
wholly owned subsidiaries, majority-owned subsidiaries, parent
companies, or affiliates of those entities or business
associations, that exists for the purpose of making profit.
    "Mineral-extraction activities" include exploring,
extracting, processing, transporting, or wholesale selling or
trading of elemental minerals or associated metal alloys or
oxides (ore), including gold, copper, chromium, chromite,
diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
    "Oil-related activities" include, but are not limited to,
owning rights to oil blocks; exporting, extracting, producing,
refining, processing, exploring for, transporting, selling, or
trading of oil; and constructing, maintaining, or operating a
pipeline, refinery, or other oil-field infrastructure. The
mere retail sale of gasoline and related consumer products is
not considered an oil-related activity.
    "Petroleum resources" means petroleum, petroleum
byproducts, or natural gas.
    "Substantial action" means adopting, publicizing, and
implementing a formal plan to cease scrutinized business
operations within one year and to refrain from any such new
business operations.
    (b) Each bid or , offer, or proposal submitted for a State
contract, other than a small purchase defined in Section 20-20,
shall include a disclosure of whether or not the bidder,
offeror, or proposing entity, or any of its corporate parents
or subsidiaries, within the 24 months before submission of the
bid or , offer, or proposal had business operations that
involved contracts with or provision of supplies or services to
the Government of Iran, companies in which the Government of
Iran has any direct or indirect equity share, consortiums or
projects commissioned by the Government of Iran, or companies
involved in consortiums or projects commissioned by the
Government of Iran and:
        (1) more than 10% of the company's revenues produced in
    or assets located in Iran involve oil-related activities or
    mineral-extraction activities; less than 75% of the
    company's revenues produced in or assets located in Iran
    involve contracts with or provision of oil-related or
    mineral-extraction products or services to the Government
    of Iran or a project or consortium created exclusively by
    that government; and the company has failed to take
    substantial action; or
        (2) the company has, on or after August 5, 1996, made
    an investment of $20 million or more, or any combination of
    investments of at least $10 million each that in the
    aggregate equals or exceeds $20 million in any 12-month
    period, that directly or significantly contributes to the
    enhancement of Iran's ability to develop petroleum
    resources of Iran.
    (c) A bid or , offer, or proposal that does not include the
disclosure required by subsection (b) may be given a period
after the bid or offer is submitted to cure non-disclosure
shall not be considered responsive. A chief procurement officer
may consider the disclosure when evaluating the bid or , offer,
or proposal or awarding the contract.
    (d) Each chief procurement officer shall provide the State
Comptroller with the name of each entity disclosed under
subsection (b) as doing business or having done business in
Iran. The State Comptroller shall post that information on his
or her official website.
(Source: P.A. 95-616, eff. 1-1-08.)
 
    (30 ILCS 500/50-37)
    Sec. 50-37. Prohibition of political contributions.
    (a) As used in this Section:
        The terms "contract", "State contract", and "contract
    with a State agency" each mean any contract, as defined in
    this Code, between a business entity and a State agency let
    or awarded pursuant to this Code. The terms "contract",
    "State contract", and "contract with a State agency" do not
    include cost reimbursement contracts; purchase of care
    agreements as defined in Section 1-15.68 of this Code;
    contracts for projects eligible for full or partial
    federal-aid funding reimbursements authorized by the
    Federal Highway Administration; grants, including but are
    not limited to grants for job training or transportation;
    and grants, loans, or tax credit agreements for economic
    development purposes.
        "Contribution" means a contribution as defined in
    Section 9-1.4 of the Election Code.
        "Declared candidate" means a person who has filed a
    statement of candidacy and petition for nomination or
    election in the principal office of the State Board of
    Elections.
        "State agency" means and includes all boards,
    commissions, agencies, institutions, authorities, and
    bodies politic and corporate of the State, created by or in
    accordance with the Illinois Constitution or State
    statute, of the executive branch of State government and
    does include colleges, universities, public employee
    retirement systems, and institutions under the
    jurisdiction of the governing boards of the University of
    Illinois, Southern Illinois University, Illinois State
    University, Eastern Illinois University, Northern Illinois
    University, Western Illinois University, Chicago State
    University, Governors State University, Northeastern
    Illinois University, and the Illinois Board of Higher
    Education.
        "Officeholder" means the Governor, Lieutenant
    Governor, Attorney General, Secretary of State,
    Comptroller, or Treasurer. The Governor shall be
    considered the officeholder responsible for awarding all
    contracts by all officers and employees of, and potential
    contractors vendors and others doing business with,
    executive branch State agencies under the jurisdiction of
    the Executive Ethics Commission and not within the
    jurisdiction of the Attorney General, the Secretary of
    State, the Comptroller, or the Treasurer.
        "Sponsoring entity" means a sponsoring entity as
    defined in Section 9-3 of the Election Code.
        "Affiliated person" means (i) any person with any
    ownership interest or distributive share of the bidding or
    contracting business entity in excess of 7.5%, (ii)
    executive employees of the bidding or contracting business
    entity, and (iii) the spouse of any such persons.
    "Affiliated person" does not include a person prohibited by
    federal law from making contributions or expenditures in
    connection with a federal, state, or local election.
        "Affiliated entity" means (i) any corporate parent and
    each operating subsidiary of the bidding or contracting
    business entity, (ii) each operating subsidiary of the
    corporate parent of the bidding or contracting business
    entity, (iii) any organization recognized by the United
    States Internal Revenue Service as a tax-exempt
    organization described in Section 501(c) of the Internal
    Revenue Code of 1986 (or any successor provision of federal
    tax law) established by the bidding or contracting business
    entity, any affiliated entity of that business entity, or
    any affiliated person of that business entity, or (iv) any
    political committee for which the bidding or contracting
    business entity, or any 501(c) organization described in
    item (iii) related to that business entity, is the
    sponsoring entity. "Affiliated entity" does not include an
    entity prohibited by federal law from making contributions
    or expenditures in connection with a federal, state, or
    local election.
        "Business entity" means any entity doing business for
    profit, whether organized as a corporation, partnership,
    sole proprietorship, limited liability company or
    partnership, or otherwise.
        "Executive employee" means (i) the President,
    Chairman, or Chief Executive Officer of a business entity
    and any other individual that fulfills equivalent duties as
    the President, Chairman of the Board, or Chief Executive
    Officer of a business entity; and (ii) any employee of a
    business entity whose compensation is determined directly,
    in whole or in part, by the award or payment of contracts
    by a State agency to the entity employing the employee. A
    regular salary that is paid irrespective of the award or
    payment of a contract with a State agency shall not
    constitute "compensation" under item (ii) of this
    definition. "Executive employee" does not include any
    person prohibited by federal law from making contributions
    or expenditures in connection with a federal, state, or
    local election.
    (b) Any business entity whose contracts with State
agencies, in the aggregate, annually total more than $50,000,
and any affiliated entities or affiliated persons of such
business entity, are prohibited from making any contributions
to any political committees established to promote the
candidacy of (i) the officeholder responsible for awarding the
contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective 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.
    (c) Any business entity whose aggregate pending bids and
offers and proposals on State contracts total more than
$50,000, or whose aggregate pending bids and offers on and
proposals on State contracts combined with the business
entity's aggregate annual total value of State contracts exceed
$50,000, and any affiliated entities or affiliated persons of
such business entity, are prohibited from making any
contributions to any political committee established to
promote the candidacy of the officeholder responsible for
awarding the contract on which the business entity has
submitted a bid or offer or proposal during the period
beginning on the date the invitation for bids, or request for
proposals, or any other procurement opportunity is issued and
ending on the day after the date the contract is awarded.
    (c-5) For the purposes of the prohibitions under
subsections (b) and (c) of this Section, (i) any contribution
made to a political committee established to promote the
candidacy of the Governor or a declared candidate for the
office of Governor shall also be considered as having been made
to a political committee established to promote the candidacy
of the Lieutenant Governor, in the case of the Governor, or the
declared candidate for Lieutenant Governor having filed a joint
petition, or write-in declaration of intent, with the declared
candidate for Governor, as applicable, and (ii) any
contribution made to a political committee established to
promote the candidacy of the Lieutenant Governor or a declared
candidate for the office of Lieutenant Governor shall also be
considered as having been made to a political committee
established to promote the candidacy of the Governor, in the
case of the Lieutenant Governor, or the declared candidate for
Governor having filed a joint petition, or write-in declaration
of intent, with the declared candidate for Lieutenant Governor,
as applicable.
    (d) All contracts between State agencies and a business
entity that violate subsection (b) or (c) shall be voidable
under Section 50-60. If a business entity violates subsection
(b) 3 or more times within a 36-month period, then all
contracts between State agencies and that business entity shall
be void, and that business entity shall not bid or respond to
any invitation to bid or request for proposals from any State
agency or otherwise enter into any contract with any State
agency for 3 years from the date of the last violation. A
notice of each violation and the penalty imposed shall be
published in both the Procurement Bulletin and the Illinois
Register.
    (e) Any political committee that has received a
contribution in violation of subsection (b) or (c) shall pay an
amount equal to the value of the contribution to the State no
more than 30 calendar days after notice of the violation
concerning the contribution appears in the Illinois Register.
Payments received by the State pursuant to this subsection
shall be deposited into the general revenue fund.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-848,
eff. 1-1-10; 97-411, eff. 8-16-11.)
 
    (30 ILCS 500/50-38)
    Sec. 50-38. Lobbying restrictions.
    (a) A person or business that is let or awarded a contract
is not entitled to receive any payment, compensation, or other
remuneration from the State to compensate the person or
business for any expenses related to travel, lodging, or meals
that are paid by the person or business to any officer, agent,
employee, consultant, independent contractor, director,
partner, manager, or shareholder.
    (b) Any bidder, or offeror, potential contractor, or
contractor on a State contract that hires a person required to
register under the Lobbyist Registration Act to assist in
obtaining a contract shall (i) disclose all costs, fees,
compensation, reimbursements, and other remunerations paid or
to be paid to the lobbyist related to the contract, (ii) not
bill or otherwise cause the State of Illinois to pay for any of
the lobbyist's costs, fees, compensation, reimbursements, or
other remuneration, and (iii) sign a verification certifying
that none of the lobbyist's costs, fees, compensation,
reimbursements, or other remuneration were billed to the State.
This information, along with all supporting documents, shall be
filed with the agency awarding the contract and with the
Secretary of State. The chief procurement officer shall post
this information, together with the contract award notice, in
the online Procurement Bulletin.
    (c) Ban on contingency fee. No person or entity shall
retain a person or entity required to register under the
Lobbyist Registration Act to attempt to influence the outcome
of a procurement decision made under this Code for compensation
contingent in whole or in part upon the decision or
procurement. Any person who violates this subsection is guilty
of a business offense and shall be fined not more than $10,000.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
 
    (30 ILCS 500/50-39)
    Sec. 50-39. Procurement communications reporting
requirement.
    (a) Any written or oral communication received by a State
employee 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 and that imparts or requests
material information or makes a material argument regarding
potential action concerning an active procurement matter,
including, but not limited to, an application, a contract, or a
project, shall be reported to the Procurement Policy Board,
and, with respect to the Illinois Power Agency, by the
initiator of the communication, and may be reported also by the
recipient.
    Any person communicating orally, in writing,
electronically, or otherwise with the Director or any person
employed by, or associated with, the Illinois Power Agency to
impart, solicit, or transfer any information related to the
content of any power procurement plan, the manner of conducting
any power procurement process, the procurement of any power
supply, or the method or structure of contracting with power
suppliers must disclose to the Procurement Policy Board the
full nature, content, and extent of any such communication in
writing by submitting a report with the following information:
        (1) The names of any party to the communication.
        (2) The date on which the communication occurred.
        (3) The time at which the communication occurred.
        (4) The duration of the communication.
        (5) The method (written, oral, etc.) of the
    communication.
        (6) A summary of the substantive content of the
    communication.
    These communications do not include the following: (i)
statements by a person publicly made in a public forum; (ii)
statements regarding matters of procedure and practice, such as
format, the number of copies required, the manner of filing,
and the status of a matter; (iii) statements made by a State
employee of the agency to the agency head or other employees of
that agency, to the employees of the Executive Ethics
Commission, or to an employee of another State agency who,
through the communication, is either (a) exercising his or her
experience or expertise in the subject matter of the particular
procurement in the normal course of business, for official
purposes, and at the initiation of the purchasing agency or the
appropriate State purchasing officer, or (b) exercising
oversight, supervisory, or management authority over the
procurement in the normal course of business and as part of
official responsibilities; (iv) unsolicited communications
providing general information about products, services, or
industry best practices before those products or services
become involved in a procurement matter; (v) communications
received in response to procurement solicitations, including,
but not limited to, vendor responses to a request for
information, request for proposal, request for qualifications,
invitation for bid, or a small purchase, sole source, or
emergency solicitation, or questions and answers posted to the
Illinois Procurement Bulletin to supplement the procurement
action, provided that the communications are made in accordance
with the instructions contained in the procurement
solicitation, procedures, or guidelines; (vi) communications
that are privileged, protected, or confidential under law; and
(vii) communications that are part of a formal procurement
process as set out by statute, rule, or the solicitation,
guidelines, or procedures, including, but not limited to, the
posting of procurement opportunities, the process for
approving a procurement business case or its equivalent, fiscal
approval, submission of bids, the finalizing of contract terms
and conditions with an awardee or apparent awardee, and similar
formal procurement processes. The provisions of this Section
shall not apply to communications regarding the administration
and implementation of an existing contract, except
communications regarding change orders or the renewal or
extension of a contract.
    (b) The report required by subsection (a) shall be
submitted monthly and include at least the following: (i) the
date and time of each communication; (ii) the identity of each
person from whom the written or oral communication was
received, the individual or entity represented by that person,
and any action the person requested or recommended; (iii) the
identity and job title of the person to whom each communication
was made; (iv) if a response is made, the identity and job
title of the person making each response; (v) a detailed
summary of the points made by each person involved in the
communication; (vi) the duration of the communication; (vii)
the location or locations of all persons involved in the
communication and, if the communication occurred by telephone,
the telephone numbers for the callers and recipients of the
communication; and (viii) any other pertinent information. No
trade secrets or other proprietary or confidential information
shall be included in any communication reported to the
Procurement Policy Board.
    (c) Additionally, when an oral communication made by a
person required to register under the Lobbyist Registration Act
is received by a State employee that is covered under this
Section, all individuals who initiate or participate in the
oral communication shall submit a written report to that State
employee that memorializes the communication and includes, but
is not limited to, the items listed in subsection (b).
    (d) The Procurement Policy Board shall make each report
submitted pursuant to this Section available on its website
within 7 calendar days after its receipt of the report. The
Procurement Policy Board may promulgate rules to ensure
compliance with this Section.
    (e) The reporting requirements shall also be conveyed
through ethics training under the State Officials and Employees
Ethics Act. An employee who knowingly and intentionally
violates this Section shall be subject to suspension or
discharge. The Executive Ethics Commission shall promulgate
rules, including emergency rules, to implement this Section.
    (f) This Section becomes operative on January 1, 2011.
    (g) For purposes of this Section:
    "Active procurement matter" means a procurement process
beginning with requisition or determination of need by an
agency and continuing through the publication of an award
notice or other completion of a final procurement action, the
resolution of any protests, and the expiration of any protest
or Procurement Policy Board review period, if applicable.
"Active procurement matter" also includes communications
relating to change orders, renewals, or extensions.
    "Material information" means information that a reasonable
person would deem important in determining his or her course of
action and pertains to significant issues, including, but not
limited to, price, quantity, and terms of payment or
performance.
    "Material argument" means a communication that a
reasonable person would believe was made for the purpose of
influencing a decision relating to a procurement matter.
"Material argument" does not include general information about
products, services, or industry best practices or a response to
a communication initiated by an employee of the State for the
purposes of providing information to evaluate new products,
trends, services, or technologies.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-333, eff. 8-12-11; 97-618, eff. 10-26-11;
97-895, eff. 8-3-12.)
 
    (30 ILCS 500/50-40)
    Sec. 50-40. Reporting anticompetitive practices. When, for
any reason, any vendor, bidder, offeror, potential contractor,
contractor, chief procurement officer, State purchasing
officer, designee, elected official, or State employee
suspects collusion or other anticompetitive practice among any
bidders, offerors, potential contractors, contractors,
proposers, or employees of the State, a notice of the relevant
facts shall be transmitted to the Attorney General and the
chief procurement officer.
(Source: P.A. 90-572, eff. 2-6-98.)
 
    (30 ILCS 500/50-45)
    Sec. 50-45. Confidentiality. Any chief procurement
officer, State purchasing officer, designee, or executive
officer who willfully uses or allows the use of specifications,
competitive solicitation bid documents, proprietary
competitive information, proposals, contracts, or selection
information to compromise the fairness or integrity of the
procurement, bidding, or contract process shall be subject to
immediate dismissal, regardless of the Personnel Code, any
contract, or any collective bargaining agreement, and may in
addition be subject to criminal prosecution.
(Source: P.A. 90-572, eff. 2-6-98.)
 
    (30 ILCS 500/50-70)
    Sec. 50-70. Additional provisions. This Code is subject to
applicable provisions of the following Acts:
        (1) Article 33E of the Criminal Code of 2012;
        (2) the Illinois Human Rights Act;
        (3) the Discriminatory Club Act;
        (4) the Illinois Governmental Ethics Act;
        (5) the State Prompt Payment Act;
        (6) the Public Officer Prohibited Activities Act;
        (7) the Drug Free Workplace Act;
        (8) the Illinois Power Agency Act;
        (9) the Employee Classification Act; and
        (10) the State Officials and Employees Ethics Act; and
        (11) the Department of Employment Security Law.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795);
97-1150, eff. 1-25-13.)
 
    (30 ILCS 500/55-10)
    Sec. 55-10. Exclusive exercise of powers. On and after 120
calendar days following the effective date of this Act, the
powers granted under this Code shall be exercised exclusively
as granted under this Code, and no State agency may
concurrently exercise any such power, unless specifically
authorized otherwise by a later enacted law. This Code is not
intended to impair any contract entered into before the
effective date of this Act.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    Section 10. The Small Business Contracts Act is amended by
changing Section 5 and by adding Sections 12 and 25 as follows:
 
    (30 ILCS 503/5)
    Sec. 5. Definitions. For the purposes of this Act, the
following terms shall have the following definitions:
    "Small business" means a small business as defined in the
Illinois Procurement Code.
    "State contract" means a State contract, as defined in the
Illinois Procurement Code, funded with State or federal funds,
whether competitively bid or negotiated.
    "State official or agency" means a department, officer,
board, commission, institution, or body politic or corporate of
the State.
    "Subcontract" means a subcontract, as defined in the
Illinois Procurement Code, funded with State or federal funds,
whether competitively bid or negotiated.
(Source: P.A. 97-307, eff. 8-11-11.)
 
    (30 ILCS 503/12 new)
    Sec. 12. Chief procurement officers; presentation. During
each fiscal year, the chief procurement officers appointed
pursuant to Section 10-20 of the Illinois Procurement Code,
individually or as a group, may provide presentations at which
small businesses may learn about the contracting process and
how to apply for contracts.
 
    (30 ILCS 503/25 new)
    Sec. 25. Rulemaking. Subject to the rule making provision
of the Illinois Administrative Procedure Act, each chief
procurement officer may adopt rules to implement and administer
this Act.
 
    Section 15. The Governmental Joint Purchasing Act is
amended by changing Sections 1, 3, and 4 as follows:
 
    (30 ILCS 525/1)  (from Ch. 85, par. 1601)
    Sec. 1. For the purposes of this Act, "governmental unit"
means State of Illinois, any State agency as defined in Section
1-15.100 of the Illinois Procurement Code, officers of the
State of Illinois, any public authority which has the power to
tax, or any other public entity created by statute.
(Source: P.A. 86-769.)
 
    (30 ILCS 525/3)  (from Ch. 85, par. 1603)
    Sec. 3. Conduct of competitive procurement selection.
Under any agreement of governmental units that desire to make
joint purchases pursuant to subsection (a) of Section 2, one of
the governmental units shall conduct the competitive
procurement selection process. Where the State of Illinois is a
party to the joint purchase agreement, the appropriate chief
procurement officer shall conduct or authorize the competitive
procurement selection process. Expenses of such competitive
procurement selection process may be shared by the
participating governmental units in proportion to the amount of
personal property, supplies or services each unit purchases.
    When the State of Illinois is a party to the joint purchase
agreement pursuant to subsection (a) of Section 2, the
acceptance of responses to the competitive procurement
selection process shall be in accordance with the Illinois
Procurement Code and rules promulgated under that Code. When
the State of Illinois is not a party to the joint purchase
agreement, the acceptance of responses to the competitive
procurement selection process shall be governed by the
agreement.
    When the State of Illinois is a party to a joint purchase
agreement pursuant to subsection (a-5) of Section 2, the State
may act as the lead state or as a participant state. When the
State of Illinois is the lead state, all such joint purchases
shall be conducted in accordance with the Illinois Procurement
Code. When Illinois is a participant state, all such joint
purchases shall be conducted in accordance with the procurement
laws of the lead state; provided that all such joint
procurements must be by competitive solicitation process. All
resulting awards shall be published in the appropriate volume
of the Illinois Procurement Bulletin as may be required by
Illinois law governing publication of the solicitation,
protest, and award of Illinois State contracts. Contracts
resulting from a joint purchase shall contain all provisions
required by Illinois law and rule.
    The personal property, supplies or services involved shall
be distributed or rendered directly to each governmental unit
taking part in the purchase. The person selling the personal
property, supplies or services may bill each governmental unit
separately for its proportionate share of the cost of the
personal property, supplies or services purchased.
    The credit or liability of each governmental unit shall
remain separate and distinct. Disputes between bidders and
governmental units shall be resolved between the immediate
parties.
(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
 
    (30 ILCS 525/4)  (from Ch. 85, par. 1604)
    Sec. 4. Bids, offers, and small purchases and proposals.
The purchases of all personal property, supplies and services
under this Act, except for small purchases, shall be based on
competitive solicitations and shall follow the same procedures
used for competitive solicitations made pursuant to the
Illinois Procurement Code. For purchases pursuant to
subsection (a) of Section 2, bids and offers and proposals
shall be solicited by public notice inserted at least once in a
newspaper of general circulation in one of the counties where
the materials are to be used and at least 5 calendar days
before the final date of submitting bids or offers or
proposals. Where the State of Illinois is a party to the joint
purchase agreement, public notice soliciting the bids or offers
shall be published in the appropriate volume of the Illinois
Procurement Bulletin. Such notice shall include a general
description of the personal property, supplies or services to
be purchased and shall state where all blanks and
specifications may be obtained and the time and place for the
opening of bids and offers and proposals. The governmental unit
conducting the competitive procurement selection process may
also solicit sealed bids or offers or proposals by sending
requests by mail to potential contractors prospective
suppliers and by posting notices on a public bulletin board in
its office. Small purchases pursuant to this Section shall
follow the same procedure used for small purchases in Section
20-20 of the Illinois Procurement Code.
    All purchases, orders or contracts shall be awarded to the
lowest responsible bidder or highest-ranked offeror proposer,
taking into consideration the qualities of the articles or
services supplied, their conformity with the specifications,
their suitability to the requirements of the participating
governmental units and the delivery terms.
    Where the State of Illinois is not a party, all bids or
offers or proposals may be rejected and new bids or offers or
proposals solicited if one or more of the participating
governmental units believes the public interest may be served
thereby. Each bid or offer, or proposal, with the name of the
bidder or offeror, or proposer, shall be entered on a record,
which record with the successful bid or offer, or proposal
indicated thereon shall, after the award of the purchase or
order or contract, be open to public inspection. A copy of all
contracts shall be filed with the purchasing office or clerk or
secretary of each participating governmental unit.
(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
 
    Section 20. The Discriminatory Club Act is amended by
changing Section 2 as follows:
 
    (775 ILCS 25/2)  (from Ch. 68, par. 102)
    Sec. 2. No private organization which sells goods or
services to the State pursuant to the The Illinois Procurement
Code Purchasing Act, nor any private organization which
receives any award or grant from the State, nor any public body
may pay any dues or fees on behalf of its employees or agents
or may subsidize or otherwise reimburse them for payments of
their dues or fees to any discriminating club. The Illinois
Department of Human Rights shall enforce this Section.
(Source: P.A. 85-909.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect January
1, 2015.