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Public Act 100-0043 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Officials and Employees Ethics Act is | ||||
amended by changing Sections 5-10 and 20-5 as follows: | ||||
(5 ILCS 430/5-10)
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Sec. 5-10. Ethics training. | ||||
(a) Each officer, member, and employee
must complete, at | ||||
least
annually beginning in 2004, an ethics training program | ||||
conducted by the
appropriate
State agency. Each ultimate | ||||
jurisdictional authority
must implement an ethics training | ||||
program for its officers, members, and
employees.
These ethics | ||||
training programs shall be overseen by the appropriate Ethics
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Commission and Inspector
General appointed pursuant to this Act | ||||
in consultation with the Office of the
Attorney
General.
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(b) Each ultimate jurisdictional authority subject to the | ||||
Executive Ethics Commission shall submit to the Executive | ||||
Ethics Commission, at least annually, or more frequently as | ||||
required by that Commission, an annual report that summarizes | ||||
ethics training that was completed during the previous year, | ||||
and lays out the plan for the ethics training programs in the | ||||
coming year. | ||||
(c) Each Inspector General
shall set standards and
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determine the hours and frequency of training necessary for | ||
each
position or category of positions. A person who fills a | ||
vacancy in an
elective or appointed position that requires | ||
training and a person
employed in a position that requires | ||
training must complete his or her
initial ethics training | ||
within 30 days after commencement of his or
her office or | ||
employment.
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(d) Upon completion of the ethics training program, each | ||
officer, member, and employee must certify in writing that the | ||
person has completed the training program. Each officer, | ||
member, and employee must provide to his or her ethics officer | ||
a signed copy of the certification by the deadline for | ||
completion of the ethics training program. | ||
(e) The ethics training provided under this Act by the | ||
Secretary of State may be expanded to satisfy the requirement | ||
of Section 4.5 of the Lobbyist Registration Act. | ||
(f) The ethics training provided under this Act by State | ||
agencies under the control of the Governor shall include the | ||
requirements and duties of State officers and employees under | ||
Sections 50-39, 50-40, and 50-45 of the Illinois Procurement | ||
Code. | ||
(Source: P.A. 96-555, eff. 8-18-09.) | ||
(5 ILCS 430/20-5)
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Sec. 20-5. Executive Ethics Commission.
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(a) The Executive Ethics Commission is created.
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(b) The Executive Ethics Commission shall consist of 9
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commissioners.
The Governor shall appoint 5 commissioners, and | ||
the Attorney General, Secretary
of State, Comptroller, and | ||
Treasurer shall each appoint one commissioner.
Appointments | ||
shall be made by and with the advice and consent of the
Senate | ||
by three-fifths of the elected members concurring by record | ||
vote.
Any nomination not acted upon by the Senate within 60 | ||
session days of the
receipt thereof shall be deemed to have | ||
received the advice and consent of
the Senate. If, during a | ||
recess of the Senate, there is a vacancy in an office
of | ||
commissioner, the appointing authority shall make a temporary
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appointment until the next meeting of the Senate when the | ||
appointing
authority shall make a nomination to fill that | ||
office. No person rejected for
an office of commissioner shall, | ||
except by the Senate's request, be
nominated again for that | ||
office at the same session of the Senate or be
appointed to | ||
that office during a recess of that Senate.
No more than 5
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commissioners may be of the same
political party.
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The terms of the initial commissioners shall commence upon | ||
qualification.
Four initial appointees of the Governor, as | ||
designated by the Governor, shall
serve terms running through | ||
June 30, 2007. One initial appointee of the
Governor, as | ||
designated by the Governor, and the initial appointees of the
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Attorney General, Secretary of State, Comptroller, and | ||
Treasurer shall serve
terms running through June 30, 2008.
The | ||
initial appointments shall be made within 60 days
after the |
effective date of this Act.
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After the initial terms, commissioners shall serve for | ||
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
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Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
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Terms shall run regardless of whether the position is | ||
filled.
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(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and shall
appoint commissioners from the general public.
A | ||
person is not eligible to
serve as a commissioner if that | ||
person (i) has been convicted of a
felony or a crime of | ||
dishonesty or moral turpitude, (ii) is, or was
within the | ||
preceding 12 months, engaged in activities that
require | ||
registration under the Lobbyist Registration Act, (iii) is | ||
related
to the appointing authority, or (iv) is a State officer | ||
or employee.
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(d) The Executive Ethics Commission shall have
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jurisdiction over all officers and employees of State agencies | ||
other
than the General Assembly, the Senate, the House of | ||
Representatives,
the President and Minority Leader of the | ||
Senate, the Speaker and
Minority Leader of the House of |
Representatives, the Senate
Operations Commission, the | ||
legislative support services agencies, and
the Office of the | ||
Auditor General.
The Executive Ethics Commission shall have | ||
jurisdiction over all board members and employees of Regional | ||
Transit Boards. The jurisdiction of the
Commission is limited | ||
to matters arising under this Act, except as provided in | ||
subsection (d-5).
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A member or legislative branch State employee serving on an | ||
executive branch board or commission remains subject to the | ||
jurisdiction of the Legislative Ethics Commission and is not | ||
subject to the jurisdiction of the Executive Ethics Commission. | ||
(d-5) The Executive Ethics Commission shall have | ||
jurisdiction over all chief procurement officers and | ||
procurement compliance monitors and their respective staffs. | ||
The Executive Ethics Commission shall have jurisdiction over | ||
any matters arising under the Illinois Procurement Code if the | ||
Commission is given explicit authority in that Code. | ||
(d-6) (1) The Executive Ethics Commission shall have | ||
jurisdiction over the Illinois Power Agency and its staff. The | ||
Director of the Agency shall be appointed by a majority of the | ||
commissioners of the Executive Ethics Commission, subject to | ||
Senate confirmation, for a term of 2 years. The Director is | ||
removable for cause by a majority of the Commission upon a | ||
finding of neglect, malfeasance, absence, or incompetence. | ||
(2) In case of a vacancy in the office of Director of the | ||
Illinois Power Agency during a recess of the Senate, the |
Executive Ethics Commission may make a temporary appointment | ||
until the next meeting of the Senate, at which time 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. Nothing | ||
in this subsection shall prohibit the Executive Ethics | ||
Commission from removing a temporary appointee or from | ||
appointing a temporary appointee as the Director of the | ||
Illinois Power Agency. | ||
(3) Prior to June 1, 2012, the Executive Ethics Commission | ||
may, until the Director of the Illinois Power Agency is | ||
appointed and qualified or a temporary appointment is made | ||
pursuant to paragraph (2) of this subsection, designate some | ||
person as an acting Director to execute the powers and | ||
discharge the duties vested by law in that Director. An acting | ||
Director shall serve no later than 60 calendar days, or upon | ||
the making of an appointment pursuant to paragraph (1) or (2) | ||
of this subsection, whichever is earlier. Nothing in this | ||
subsection shall prohibit the Executive Ethics Commission from | ||
removing an acting Director or from appointing an acting | ||
Director as the Director of the Illinois Power Agency. | ||
(4) No person rejected by the Senate for the office of | ||
Director of the Illinois Power Agency shall, except at the | ||
Senate's request, be nominated again for that office at the | ||
same session or be appointed to that office during a recess of |
that Senate. | ||
(e) The Executive Ethics Commission must meet, either
in | ||
person or by other technological means, at least monthly and as
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often as necessary. At the first meeting of the Executive
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Ethics Commission, the commissioners shall choose from their
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number a chairperson and other officers that they deem | ||
appropriate.
The terms of officers shall be for 2 years | ||
commencing July 1 and
running through June 30 of the second | ||
following year. Meetings shall be held at
the call
of the | ||
chairperson or any 3 commissioners. Official action by the
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Commission shall require the affirmative vote of 5 | ||
commissioners, and
a quorum shall consist of 5 commissioners. | ||
Commissioners shall receive
compensation in an amount equal to | ||
the compensation of members of the State
Board of Elections and | ||
may be
reimbursed for their reasonable expenses actually | ||
incurred in the
performance of their duties.
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(f) No commissioner or employee of the Executive
Ethics | ||
Commission may during his or her term of appointment or | ||
employment:
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(1) become a candidate for any elective office;
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(2) hold any other elected or appointed public office | ||
except for
appointments on governmental advisory boards or | ||
study commissions or as
otherwise expressly authorized by | ||
law;
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(3) be actively involved in the affairs of any | ||
political party or
political
organization; or
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(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any elective office.
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(g) An appointing authority may remove a commissioner only | ||
for cause.
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(h) The Executive Ethics Commission shall appoint an | ||
Executive Director. The
compensation of the Executive Director | ||
shall be as determined by the Commission. The Executive
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Director of the Executive Ethics Commission may employ and | ||
determine the
compensation of staff, as appropriations permit.
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(i) The Executive Ethics Commission shall appoint, by a | ||
majority of the members appointed to the Commission, chief | ||
procurement officers and may appoint procurement compliance | ||
monitors in accordance with the provisions of the Illinois | ||
Procurement Code. The compensation of a chief procurement | ||
officer and procurement compliance monitor shall be determined | ||
by the Commission. | ||
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | ||
97-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
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Section 15. The Illinois Procurement Code is amended by | ||
re-enacting and changing Sections 1-12 and 1-13, by changing | ||
Sections 1-10, 1-15.20, 5-5, 5-30, 10-10, 10-15, 15-25, 15-30, | ||
20-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-80, 20-160, 25-35, | ||
35-15, 35-30, 35-35, 40-30, 45-15, 45-30, 45-45, 45-57, 50-2, | ||
50-10, 50-10.5, 50-39, 50-40, 50-45, and 53-10, and by adding |
Sections 1-15.40, 1-15.47, 1-15.48, 1-15.49, 10-30, 25-85, | ||
30-40, 45-85, 45-90, and 50-36.5 as follows:
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(30 ILCS 500/1-10)
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Sec. 1-10. Application.
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(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.
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(b) This Code shall apply regardless of the source of the | ||
funds with which
the contracts are paid, including federal | ||
assistance moneys. Except as specifically provided in this | ||
Code, this
This Code shall
not apply to:
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(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State | ||
governmental bodies except as specifically
provided in | ||
this Code .
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(2) Grants, except for the filing requirements of | ||
Section 20-80.
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(3) Purchase of care.
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(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.
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(5) Collective bargaining contracts.
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(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 | ||
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.
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(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.
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(8) (Blank). Contracts for
services to Northern | ||
Illinois University by a person, acting as
an independent | ||
contractor, who is qualified by education, experience, and
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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.
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(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
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(10) (Blank). 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. |
(13) The provisions of this paragraph (13), other than | ||
this sentence, are inoperative on and after January 1, 2019 | ||
or 2 years after the effective date of this amendatory Act | ||
of the 99th General Assembly, whichever is later. Contracts | ||
for services, commodities, and equipment to support the | ||
delivery of timely forensic science services in | ||
consultation with and subject to the approval of the Chief | ||
Procurement Officer as provided in subsection (d) of | ||
Section 5-4-3a of the Unified Code of Corrections, except | ||
for the requirements of Sections 20-60, 20-65, 20-70, and | ||
20-160 and Article 50 of this Code; however, the Chief | ||
Procurement Officer may, in writing with justification, | ||
waive any certification required under Article 50 of this | ||
Code. For any contracts for services which are currently | ||
provided by members of a collective bargaining agreement, | ||
the applicable terms of the collective bargaining | ||
agreement concerning subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. | ||
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that requires | ||
the State to reimburse the railroad or utilities for the | ||
relocation of utilities for construction or other public | ||
purpose. Contracts included within this paragraph (15) |
shall include, but not be limited to, those associated | ||
with: relocations, crossings, installations, and | ||
maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground | ||
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in | ||
Section 13-212 of the Public Utilities Act, (5) rural water | ||
or waste water systems with 10,000 connections or less, (6) | ||
a holder as defined in Section 21-201 of the Public | ||
Utilities Act, and (7) municipalities owning or operating | ||
utility systems consisting of public utilities as that term | ||
is defined in Section 11-117-2 of the Illinois Municipal | ||
Code. | ||
Notwithstanding any other provision of law, for contracts | ||
entered into on or after October 1, 2017 under an exemption | ||
provided in any paragraph item (12) of this subsection (b) , | ||
except paragraph (1), (2), or (5), each State agency 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 post to the appropriate procurement bulletin 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) (Blank). 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) (Blank). 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. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private | ||
funds" means funds derived from deposits paid into the Illinois | ||
Prepaid Tuition Trust Fund and the earnings thereon. | ||
(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||
98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | ||
1-1-15; 99-801, eff. 1-1-17 .)
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(30 ILCS 500/1-12) |
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 | ||
supplies 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) (Blank).
This Section is repealed December 31, 2016.
|
(d) The General Assembly finds and declares that: | ||
(1) This amendatory Act of the 100th General Assembly | ||
manifests the intention of the General Assembly to remove | ||
the repeal of this Section. | ||
(2) This Section was originally enacted to protect, | ||
promote, and preserve the general welfare. Any | ||
construction of this Section that results in the repeal of | ||
this Section on December 31, 2016 would be inconsistent | ||
with the manifest intent of the General Assembly and | ||
repugnant to the context of this Code. | ||
It is hereby declared to have been the intent of the | ||
General Assembly that this Section not be subject to repeal on | ||
December 31, 2016. | ||
This Section shall be deemed to have been in continuous | ||
effect since August 3, 2012 (the effective date of Public Act | ||
97-895), and it shall continue to be in effect henceforward | ||
until it is otherwise lawfully repealed. All previously enacted | ||
amendments to this Section taking effect on or after December | ||
31, 2016, are hereby validated. | ||
All actions taken in reliance on or pursuant to this | ||
Section in the procurement of artistic or musical services are | ||
hereby validated. | ||
In order to ensure the continuing effectiveness of this | ||
Section, it is set forth in full and re-enacted by this | ||
amendatory Act of the 100th General Assembly. This re-enactment | ||
is intended as a continuation of this Section. It is not |
intended to supersede any amendment to this Section that is | ||
enacted by the 100th General Assembly. | ||
In this amendatory Act of the 100th General Assembly, the | ||
base text of this Section is set forth as amended by Public Act | ||
98-1076. Striking and underscoring is used only to show changes | ||
being made to the base text. | ||
This Section applies to all procurements made on or before | ||
the effective date of this amendatory Act of the 100th General | ||
Assembly. | ||
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | ||
(30 ILCS 500/1-13) | ||
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 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 | ||
athletic, artistic or musical services, performances, | ||
events, or productions held at a venue operated by or for a | ||
public institution of higher education. | ||
(5) Procurement expenditures for periodicals , and | ||
books , subscriptions, database licenses, and other | ||
publications 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 for | ||
medical residencies and rotations. | ||
(7) Contracts for programming and broadcast license | ||
rights for university-operated radio and television | ||
stations. | ||
(8) Procurement expenditures necessary to perform | ||
sponsored research and other sponsored activities under |
grants and contracts funded by the sponsor or by sources | ||
other than State appropriations. | ||
(9) Contracts with a foreign entity 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. | ||
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 (9) (7) 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 medical | ||
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 and at any | ||
university-operated health care center or dispensary that | ||
provides care, treatment, and medications for students, | ||
faculty and staff . 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 the fulfillment of a grant | ||
shall be made in accordance with the requirements of this Code | ||
to the extent practical. 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). | ||
(3) (Blank). | ||
(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 contract, | ||
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, 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) (Blank). This Section is repealed on December 31, 2016.
| ||
(h) The General Assembly finds and declares that: | ||
(1) Public Act 98-1076, which took effect on January 1, | ||
2015, changed the repeal date set for this Section from | ||
December 31, 2014 to December 31, 2016. | ||
(2) The Statute on Statutes sets forth general rules on | ||
the repeal of statutes and the construction of multiple | ||
amendments, but Section 1 of that Act also states that | ||
these rules will not be observed when the result would be | ||
"inconsistent with the manifest intent of the General | ||
Assembly or repugnant to the context of the statute". | ||
(3) This amendatory Act of the 100th General Assembly | ||
manifests the intention of the General Assembly to remove | ||
the repeal of this Section. |
(4) This Section was originally enacted to protect, | ||
promote, and preserve the general welfare. Any | ||
construction of this Section that results in the repeal of | ||
this Section on December 31, 2014 would be inconsistent | ||
with the manifest intent of the General Assembly and | ||
repugnant to the context of this Code. | ||
It is hereby declared to have been the intent of the | ||
General Assembly that this Section not be subject to repeal on | ||
December 31, 2014. | ||
This Section shall be deemed to have been in continuous | ||
effect since December 20, 2011 (the effective date of Public | ||
Act 97-643), and it shall continue to be in effect henceforward | ||
until it is otherwise lawfully repealed. All previously enacted | ||
amendments to this Section taking effect on or after December | ||
31, 2014, are hereby validated. | ||
All actions taken in reliance on or pursuant to this | ||
Section by any public institution of higher education, person, | ||
or entity are hereby validated. | ||
In order to ensure the continuing effectiveness of this | ||
Section, it is set forth in full and re-enacted by this | ||
amendatory Act of the 100th General Assembly. This re-enactment | ||
is intended as a continuation of this Section. It is not | ||
intended to supersede any amendment to this Section that is | ||
enacted by the 100th General Assembly. | ||
In this amendatory Act of the 100th General Assembly, the | ||
base text of the reenacted Section is set forth as amended by |
Public Act 98-1076. Striking and underscoring is used only to | ||
show changes being made to the base text. | ||
This Section applies to all procurements made on or before | ||
the effective date of this amendatory Act of the 100th General | ||
Assembly. | ||
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | ||
98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/1-15.20)
| ||
Sec. 1-15.20. Construction , and construction-related , and | ||
construction support services.
"Construction" means
building, | ||
altering, repairing,
improving, or demolishing any public | ||
structure or building, or
making improvements of any kind
to | ||
public real property. Construction does not include the
routine | ||
operation, routine repair, or
routine maintenance of existing | ||
structures, buildings, or real
property.
| ||
"Construction-related services" means those services | ||
including construction
design, layout, inspection, support, | ||
feasibility or location study, research,
development, | ||
planning, or other investigative study undertaken by a
| ||
construction agency concerning construction or potential | ||
construction.
| ||
"Construction support" means all equipment, supplies, and | ||
services that are necessary to the operation of a construction | ||
agency's construction program. "Construction support" does not | ||
include construction-related services. |
(Source: P.A. 90-572, eff. 2-6-98.)
| ||
(30 ILCS 500/1-15.40 new) | ||
Sec. 1-15.40. Electronic procurement. "Electronic | ||
procurement" means conducting all or some of the procurement | ||
function over the Internet. | ||
(30 ILCS 500/1-15.47 new) | ||
Sec. 1-15.47. Master contract. "Master contract" means a | ||
definite quantity, indefinite quantity, or requirements | ||
contract awarded in accordance with this Code, against which | ||
subsequent orders may be placed to meet the needs of a State | ||
purchasing entity. A master contract may be for use by a single | ||
State purchasing entity or for multiple State purchasing | ||
entities and other entities as authorized under the | ||
Governmental Joint Purchasing Act. | ||
(30 ILCS 500/1-15.48 new) | ||
Sec. 1-15.48. Multiple Award. "Multiple award" means an | ||
award that is made to 2 or more bidders or offerors for similar | ||
supplies, services, or construction-related services. | ||
(30 ILCS 500/1-15.49 new) | ||
Sec. 1-15.49. No-cost contract. "No-cost contract" means a | ||
contract in which the State of Illinois does not make a payment | ||
to or receive a payment from the vendor, but the vendor has the |
contractual authority to charge an entity other than the State | ||
of Illinois for supplies or services at the State's contracted | ||
rate to fulfill the State's mandated requirements.
| ||
(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 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. | ||
(j) Response. Each State agency shall respond promptly in | ||
writing to all inquiries and comments of the Procurement Policy | ||
Board. | ||
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/5-30) | ||
Sec. 5-30. Proposed contracts; Procurement Policy Board. |
(a) Except as provided in subsection (c), within 14 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 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 14-day 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 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. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/10-10)
| ||
Sec. 10-10. Independent State purchasing officers. | ||
(a) The chief procurement officer shall
appoint a State | ||
purchasing officer for each agency that the chief procurement | ||
officer is responsible for under Section 1-15.15. A State | ||
purchasing officer shall be located in the State agency that | ||
the officer serves but shall report to his or her respective | ||
chief procurement officer. The State purchasing officer shall | ||
have direct communication with agency staff assigned to assist | ||
with any procurement process. At the direction of his or her | ||
respective chief procurement officer, a State purchasing | ||
officer shall have the authority to (i) review any contract or | ||
contract amendment prior to execution to ensure that applicable | ||
procurement and contracting standards were followed and (ii) | ||
approve or reject contracts for a purchasing agency. If the | ||
State purchasing officer provides written approval of the | ||
contract, the head of the applicable State agency shall have | ||
the authority to sign and enter into that contract. All actions | ||
of a State purchasing officer are subject to review by a chief | ||
procurement officer in accordance with procedures and policies | ||
established by the chief procurement officer. | ||
(a-5) A State purchasing officer may (i) attend any |
procurement meetings; (ii) access any records or files related | ||
to procurement; (iii) submit reports to the chief procurement | ||
officer on procurement issues; (iv) ensure the State agency is | ||
maintaining appropriate records; and (v) ensure transparency | ||
of the procurement process. | ||
(a-10) If a State purchasing officer is aware of | ||
misconduct, waste, or inefficiency with respect to State | ||
procurement, the State purchasing officer shall advise the | ||
State agency of the issue in writing. If the State agency does | ||
not correct the issue, the State purchasing officer shall | ||
report the problem, in writing, to the chief procurement | ||
officer and appropriate Inspector General. | ||
(b) In addition to any other requirement or qualification | ||
required by State law, within 30 months after appointment, a | ||
State purchasing officer must be a Certified Professional | ||
Public Buyer or a Certified Public Purchasing Officer, pursuant | ||
to certification by the Universal Public Purchasing | ||
Certification Council or the Institute for Supply Management . A | ||
State purchasing officer shall serve a term of 5 years | ||
beginning on the date of the officer's appointment. A State | ||
purchasing officer shall have an office located in the State | ||
agency that the officer serves but shall report to the chief | ||
procurement officer. A State purchasing officer may be removed | ||
by a chief procurement officer for cause after a hearing by the | ||
Executive Ethics Commission. The chief procurement officer or | ||
executive officer of the State agency housing the State |
purchasing officer may institute a complaint against the State | ||
purchasing officer by filing such a complaint with the | ||
Commission and the Commission shall have a public hearing based | ||
on the complaint. The State purchasing officer, chief | ||
procurement officer, and executive officer of the State agency | ||
shall receive notice of the hearing and shall be permitted to | ||
present their respective arguments on the complaint. After the | ||
hearing, the Commission shall make a non-binding | ||
recommendation on whether the State purchasing officer shall be | ||
removed. The salary of a State purchasing officer shall be | ||
established by the chief procurement officer and may not be | ||
diminished during the officer's term. In the absence of an | ||
appointed State purchasing
officer, the applicable
chief | ||
procurement officer shall exercise the procurement authority | ||
created by
this Code and may appoint a temporary acting State | ||
purchasing officer.
| ||
(c) Each State purchasing officer owes a fiduciary duty to | ||
the State. | ||
(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 500/10-15)
| ||
Sec. 10-15. Procurement compliance monitors. | ||
(a) The Executive Ethics Commission may shall appoint | ||
procurement compliance monitors to oversee and review the |
procurement processes. Each procurement compliance monitor | ||
shall serve a term of 5 years beginning on the date of the | ||
officer's appointment. Each procurement compliance monitor | ||
appointed pursuant to this Section and serving a 5-year term on | ||
the effective date of this amendatory Act of the 100th General | ||
Assembly shall have an office located in the State agency that | ||
the monitor serves but shall report to the appropriate chief | ||
procurement officer in the performance of his or her duties | ||
until the expiration of the monitor's term . The compliance | ||
monitor shall have direct communications with the executive | ||
officer of a State agency in exercising duties. A procurement | ||
compliance monitor may be removed only for cause after a | ||
hearing by the Executive Ethics Commission. The appropriate | ||
chief procurement officer or executive officer of the State | ||
agency served by housing the procurement compliance monitor may | ||
institute a complaint against the procurement compliance | ||
monitor with the Commission and the Commission shall hold a | ||
public hearing based on the complaint. The procurement | ||
compliance monitor, State purchasing officer, appropriate | ||
chief procurement officer, and executive officer of the State | ||
agency shall receive notice of the hearing and shall be | ||
permitted to present their respective arguments on the | ||
complaint. After the hearing, the Commission shall determine | ||
whether the procurement compliance monitor shall be removed. | ||
The salary of a procurement compliance monitor shall be | ||
established by the Executive Ethics Commission and may not be |
diminished during the officer's term. | ||
(b) The procurement compliance monitor shall: (i) review | ||
any procurement, contract, or contract amendment as directed by | ||
the Executive Ethics Commission or a chief procurement officer; | ||
and (ii) report any findings of the review, in writing, to the | ||
Commission, the affected agency, the chief procurement officer | ||
responsible for the affected agency, and any entity requesting | ||
the review. The procurement compliance monitor may: (i) review | ||
each contract or contract amendment prior to execution to | ||
ensure that applicable procurement and contracting standards | ||
were followed; (ii) attend any procurement meetings; (iii) | ||
access any records or files related to procurement; (iv) issue | ||
reports to the chief procurement officer on procurement issues | ||
that present issues or that have not been corrected after | ||
consultation with appropriate State officials; (v) ensure the | ||
State agency is maintaining appropriate records; and (vi) | ||
ensure transparency of the procurement process. | ||
(c) If the procurement compliance monitor is aware of | ||
misconduct, waste, or inefficiency with respect to State | ||
procurement, the procurement compliance monitor shall advise | ||
the State agency of the issue in writing. If the State agency | ||
does not correct the issue, the monitor shall report the | ||
problem, in writing, to the chief procurement officer and | ||
Inspector General.
| ||
(d) Each procurement compliance monitor owes a fiduciary | ||
duty to the State. |
(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 500/10-30 new) | ||
Sec. 10-30. Fiduciary duty. Each chief procurement | ||
officer, State purchasing officer, and procurement compliance | ||
monitor owe a fiduciary duty to the State. | ||
(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 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 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 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. | ||
(a-5) All businesses listed on the Illinois Unified | ||
Certification Program Disadvantaged Business Enterprise | ||
Directory, the Business Enterprise Program of the Department of | ||
Central Management Services, and any small business database | ||
created pursuant to Section 45-45 of this Code shall be | ||
furnished written instructions and information on how to | ||
register for the Illinois Procurement Bulletin. This | ||
information shall be provided to each business within 30 | ||
calendar days after the business's notice of certification or | ||
qualification. | ||
(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 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 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. | ||
(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, offeror, or contractor 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, | ||
offeror, the contract price, the number of unsuccessful 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 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 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 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 | ||
days of the determination to execute a renewal of the renew the | ||
contract and the next available subsequent Bulletin . The notice | ||
shall include at least all of the information required in | ||
subsection (a) or (b) , as applicable .
|
(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. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14; | ||
98-1076, eff. 1-1-15 .) | ||
(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 awarded successful responsible | ||
bidder, offeror, potential contractor, or contractor, for | ||
emergency purchases, business or person contracted with; the | ||
contract price or total cost; the service or supply 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. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/20-10)
| ||
(Text of Section before amendment by P.A. 99-906 )
| ||
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||
and 98-1076) |
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 or through | ||
an electronic procurement system 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. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | ||
98-1076, eff. 1-1-15.)
| ||
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||
and 98-1076)
| ||
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 or through | ||
an electronic procurement system 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. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | ||
98-1076, eff. 1-1-15 .) | ||
(Text of Section after amendment by P.A. 99-906 ) | ||
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||
98-1076, and 99-906) | ||
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 or through |
an electronic procurement system 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 | ||
Section 1-56, subsections (a) and (c) 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. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
| ||
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||
98-1076, and 99-906)
| ||
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 or through | ||
an electronic procurement system 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 | ||
subsections (a) and (c) 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. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
| ||
(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 or via an electronic procurement system 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. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/20-20)
| ||
Sec. 20-20. Small purchases.
| ||
(a) Amount. Any individual procurement of supplies or
| ||
services other than professional
or artistic services, not | ||
exceeding $100,000 $10,000 and any procurement of
construction | ||
not exceeding
$100,000, or any individual procurement of | ||
professional or artistic services not exceeding $100,000 |
$30,000 may be made without competitive source selection sealed | ||
bidding .
Procurements shall not be artificially
divided so as | ||
to constitute a small purchase under this Section. Any | ||
procurement of construction not exceeding $100,000 may be made | ||
by an alternative competitive source selection. The | ||
construction agency shall establish rules for an alternative | ||
competitive source selection process. This Section does not | ||
apply to construction-related professional services contracts | ||
awarded in accordance with the provisions of the Architectural, | ||
Engineering, and Land Surveying Qualifications Based Selection | ||
Act.
| ||
(b) Adjustment. Each July 1, the small purchase maximum
| ||
established in subsection (a)
shall be adjusted for inflation | ||
as determined by the Consumer
Price Index for All Urban | ||
Consumers as determined by the United States
Department of | ||
Labor and rounded to the nearest $100.
| ||
(c) Based upon rules proposed by the Board and rules | ||
promulgated by the
chief procurement officers, the small | ||
purchase maximum established in
subsection
(a) may be modified.
| ||
(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 | ||
contract 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. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(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 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) Statements Affidavits . A chief procurement officer | ||
making a procurement
under this Section shall file statements
| ||
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. 98-1076, eff. 1-1-15 .)
|
(30 ILCS 500/20-43) | ||
Sec. 20-43. Bidder or offeror authorized to transact | ||
business or conduct affairs 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 prior to submitting the bid, offer, or | ||
proposal. The legal entity must be authorized to transact | ||
business or conduct affairs in Illinois prior to execution of | ||
the contract submitting the bid, offer, or proposal . This | ||
Section shall not apply to construction contracts that are | ||
subject to the requirements of Sections 30-20 and 33-10 of this | ||
Code. The pre-qualification requirements of Sections 30-20 and | ||
33-10 of this Code shall include the requirement that the | ||
bidder be registered with the Secretary of State.
| ||
(Source: P.A. 98-1076, eff. 1-1-15 .)
| ||
(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 State 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 | ||
State 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. Except as set forth in | ||
subsection (b) of this Section, no 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. Contractors Vendors | ||
shall not be paid for any supplies 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. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15 .)
| ||
(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) Each business entity (i) whose aggregate bids and | ||
proposals on State contracts annually total more than $50,000, | ||
(ii) whose aggregate bids and proposals on State contracts | ||
combined with the business entity's aggregate annual total | ||
value of State contracts exceed $50,000, or (iii) whose | ||
contracts with State agencies, in the aggregate, annually total | ||
more than $50,000 shall register with the State Board of | ||
Elections in accordance with Section 9-35 of the Election Code. | ||
A business entity required to register under this subsection | ||
due to item (i) or (ii) has a continuing duty to ensure that | ||
the registration is accurate during the period beginning on the |
date of registration and ending on the day after the date the | ||
contract is awarded; any change in information must be reported | ||
to the State Board of Elections 5 business days following such | ||
change or no later than a day before the contract is awarded, | ||
whichever date is earlier. A business entity required to | ||
register under this subsection due to item (iii) has a | ||
continuing duty to ensure that the registration is accurate in | ||
accordance with subsection (e). | ||
(d) Any business entity, not required under subsection (c) | ||
to register, whose aggregate bids and proposals on State | ||
contracts annually total more than $50,000, or whose aggregate | ||
bids and proposals on State contracts combined with the | ||
business entity's aggregate annual total value of State | ||
contracts exceed $50,000, shall register with the State Board | ||
of Elections in accordance with Section 9-35 of the Election | ||
Code prior to submitting to a State agency the bid or proposal | ||
whose value causes the business entity to fall within the | ||
monetary description of this subsection. A business entity | ||
required to register under this subsection has a continuing | ||
duty to ensure that the registration is accurate during the | ||
period beginning on the date of registration and ending on the | ||
day after the date the contract is awarded. Any change in | ||
information must be reported to the State Board of Elections | ||
within 5 business days following such change or no later than a | ||
day before the contract is awarded, whichever date is earlier. | ||
(e) A business entity whose contracts with State agencies, |
in the aggregate, annually total more than $50,000 must | ||
maintain its registration under this Section and has a | ||
continuing duty to ensure that the registration is accurate for | ||
the duration of the term of office of the incumbent | ||
officeholder awarding the contracts or for a period of 2 years | ||
following the expiration or termination of the contracts, | ||
whichever is longer. A business entity, required to register | ||
under this subsection, has a continuing duty to report any | ||
changes on a quarterly basis to the State Board of Elections | ||
within 14 calendar days following the last day of January, | ||
April, July, and October of each year. Any update pursuant to | ||
this paragraph that is received beyond that date is presumed | ||
late and the civil penalty authorized by subsection (e) of | ||
Section 9-35 of the Election Code (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, any change in | ||
information shall be reported to the State Board of Elections | ||
within 7 calendar days following such change or no later than a | ||
day before the contract is awarded, whichever date is earlier. | ||
(f) A business entity's continuing duty under this Section | ||
to ensure the accuracy of its registration includes the | ||
requirement that the business entity notify the State Board of | ||
Elections of any change in information, including but not | ||
limited to changes of affiliated entities or affiliated | ||
persons. |
(g) For any bid or offer for a contract with a State agency | ||
by a business entity required to register under this Section, | ||
the chief procurement officer shall verify that the business | ||
entity is required to register under this Section and is in | ||
compliance with the registration requirements on the date the | ||
bid or offer is due. A chief procurement officer shall not | ||
accept a bid or offer if the business entity is not in | ||
compliance with the registration requirements as of the date | ||
bids or offers are due. Upon discovery of noncompliance with | ||
this Section, if the bidder or offeror made a good faith effort | ||
to comply with registration efforts prior to the date the bid | ||
or offer is due, a chief procurement officer may provide the | ||
bidder or offeror 5 business days to achieve compliance. A | ||
chief procurement officer may extend the time to prove | ||
compliance by as long as necessary in the event that there is a | ||
failure within the State Board of Election's registration | ||
system. | ||
(h) A registration, and any changes to a registration, must | ||
include the business entity's verification of accuracy and | ||
subjects the business entity to the penalties of the laws of | ||
this State for perjury. | ||
In addition to any penalty under Section 9-35 of the | ||
Election Code, intentional, willful, or material failure to | ||
disclose information required for registration shall render | ||
the contract, bid, offer, or other procurement relationship | ||
voidable by the chief procurement officer if he or she deems it |
to be in the best interest of the State of Illinois. | ||
(i) This Section applies regardless of the method of source | ||
selection used in awarding the contract.
| ||
(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | ||
98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/25-35)
| ||
Sec. 25-35. Purchase of coal and postage stamps.
| ||
(a) Delivery of necessary supplies. To avoid interruption
| ||
or impediment of delivery
of necessary supplies, commodities, | ||
and coal, State purchasing
officers may approve a State | ||
agency's make purchases of
or contracts for supplies and | ||
commodities after April 30 of a
fiscal year when delivery of | ||
the
supplies and commodities is to be made after June 30 of | ||
that
fiscal year and payment for which
is to be made from | ||
appropriations for the next fiscal year.
| ||
(b) Postage. All postage stamps purchased from State funds
| ||
must be perforated for
identification purposes. A General | ||
Assembly member may furnish
the U.S. Post Office with
a warrant | ||
so as to allow for the creation or continuation of a
bulk rate | ||
mailing fund in the name
of the General Assembly member or may | ||
furnish a postage meter
company or post office with
a warrant | ||
so as to facilitate the purchase of a postage meter and
its | ||
stamps. Any postage meter
so purchased must also contain a | ||
stamp that shall state
"Official State Mail".
| ||
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
(30 ILCS 500/25-85 new) | ||
Sec. 25-85. Best value procurement. | ||
(a) This Section shall apply only to purchases of heavy | ||
mobile fleet vehicles and off-road construction equipment | ||
procured by or on behalf of: | ||
(1) institutions of higher education; | ||
(2) the Department of Agriculture; | ||
(3) the Department of Transportation; and | ||
(4) the Department of Natural Resources. | ||
(b) As used in this Section, "best value procurement" means | ||
a contract award determined by objective criteria related to | ||
price, features, functions, and life-cycle costs that may | ||
include the following: | ||
(1) total cost of ownership, including warranty, under | ||
which all repair costs are borne solely by the warranty | ||
provider; repair costs; maintenance costs; fuel | ||
consumption; and salvage value; | ||
(2) product performance, productivity, and safety | ||
standards; | ||
(3) the supplier's ability to perform to the contract | ||
requirements; and | ||
(4) environmental benefits, including reduction of | ||
greenhouse gas emissions, reduction of air pollutant | ||
emissions, or reduction of toxic or hazardous materials. | ||
(c) The department or institution may enter into a contract |
for heavy mobile fleet vehicles and off-road construction | ||
equipment for use by the department or institution by means of | ||
best value procurement, using specifications and criteria | ||
developed in consultation with the Chief Procurement Officer of | ||
each designated department or institution and conducted in | ||
accordance with Section 20-15 of this Code. | ||
(d) In addition to disclosure of the minimum requirements | ||
for qualification, the solicitation document shall specify | ||
which business performance measures, in addition to price, | ||
shall be given a weighted value. The solicitation shall include | ||
a scoring method based on those factors and price in | ||
determining the successful offeror. Any evaluation and scoring | ||
method shall ensure substantial weight is given to the contract | ||
price. | ||
(e) Upon written request of any person who has submitted an | ||
offer, notice of the award shall be posted in a public place in | ||
the offices of the department or institution at least 24 hours | ||
before executing the contract or purchase order. If, before | ||
making an award, any offeror who has submitted a bid files a | ||
protest with the department or institution against the awarding | ||
of the contract or purchase order on the ground that his or her | ||
offer should have been selected in accordance with the | ||
selection criteria in the solicitation document, the contract | ||
or purchase order shall not be awarded until either the protest | ||
has been withdrawn or the appropriate Chief Procurement Officer | ||
has made a final decision as to the action to be taken relative |
to the protest. Within 10 days after filing a protest, the | ||
protesting offeror shall file with the Chief Procurement | ||
Officer a full and complete written statement specifying in | ||
detail the ground of the protest and the facts in support | ||
thereof. | ||
(f) The total annual value of vehicles and equipment | ||
purchased through best value procurement pursuant to this | ||
Section shall be limited to $20,000,000 per each department or | ||
institution. | ||
(g) Best value procurement shall only be used on | ||
procurements first solicited on or before June 30, 2020. | ||
(h) On or before January 1, 2021, the Chief Procurement | ||
Officer of each designated department or institution shall | ||
prepare an evaluation of the best value procurement pilot | ||
program authorized by this Section, including a recommendation | ||
on whether or not the process should be continued. The | ||
evaluation shall be posted in the applicable volume or volumes | ||
of the Illinois Procurement Bulletin on or before January 1, | ||
2021. | ||
(i) This Section is repealed on January 1, 2021. | ||
(30 ILCS 500/35-15) | ||
Sec. 35-15. Prequalification. | ||
(a) The chief procurement officer for matters other than | ||
construction and the higher education
chief procurement | ||
officer shall each develop appropriate
and reasonable |
prequalification standards and categories of professional and
| ||
artistic services. | ||
(b) The prequalifications and categorizations shall be | ||
submitted to the
Procurement Policy Board and published for | ||
public comment prior to their
submission to the Joint Committee | ||
on Administrative Rules for approval. | ||
(c) The chief procurement officer for matters other than | ||
construction and the higher education
chief procurement | ||
officer shall each also assemble and
maintain a comprehensive | ||
list of prequalified and categorized businesses and
persons. | ||
(d) Prequalification shall not be used to bar or prevent | ||
any qualified
business or person from for bidding or responding | ||
to invitations for bid or requests for
proposal. | ||
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.) | ||
(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 $100,000 $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 other than the lowest respondent by
price. In any | ||
case, when the contract exceeds the $100,000 $25,000 threshold | ||
and
the lowest respondent 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 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. 98-1076, eff. 1-1-15 .) | ||
(30 ILCS 500/35-35) | ||
Sec. 35-35. Exceptions. | ||
(a) Exceptions to Section 35-30 are allowed for sole source | ||
procurements,
emergency procurements, and at the discretion of | ||
the chief procurement officer
or the State purchasing officer, | ||
but not
their designees, for professional and artistic | ||
contracts that are nonrenewable,
one year or less in duration, | ||
and have a value of less than $100,000 $20,000 . | ||
(b) All exceptions granted under this Article must still be | ||
submitted to the chief procurement officer for matters other | ||
than construction
or the higher education chief procurement | ||
officer, whichever is appropriate,
and published as provided | ||
for in subsection (f) of Section 35-30, shall name
the | ||
authorizing
chief procurement officer or State purchasing |
officer, and shall include a
brief explanation of the reason | ||
for the exception. | ||
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
| ||
(30 ILCS 500/40-30)
| ||
Sec. 40-30. Purchase option. Leases Initial leases of all | ||
space
in entire, free-standing
buildings shall include an | ||
option to purchase exercisable exerciseable by the
State, | ||
unless the purchasing officer determines that inclusion of such | ||
purchase
option is not in the State's best interest and makes | ||
that determination in
writing along with the reasons for making | ||
that determination and publishes the
written determination in | ||
the appropriate volume of the Illinois Procurement Bulletin.
| ||
Leases from governmental units and not-for-profit entities are | ||
exempt from
the requirements of this Section.
| ||
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | ||
9-9-16.)
| ||
(30 ILCS 500/45-15)
| ||
Sec. 45-15. Soybean oil-based ink and vegetable oil-based | ||
ink . | ||
(a) As used in this Section: | ||
"Digital printing" means a printing method which includes, | ||
but is not limited to, the electrostatic process of | ||
transferring ink or toner to a substrate. This process may | ||
involve the use of photo imaging plates, photoreceptor drums, |
or belts which hold an electrostatic charge. "Digital printing" | ||
is also defined as a process of transferring ink through a | ||
print head directly to a substrate, as is done with ink-jet | ||
printers. | ||
"Offset printing" means lithography, flexography, gravure, | ||
or letterpress. "Offset printing" involves the process of | ||
transferring ink through static or fixed image plates using an | ||
impact method of pressing ink into a substrate. | ||
(b) Contracts requiring
the procurement of offset printing
| ||
services shall specify the use of soybean oil-based ink or | ||
vegetable oil-based ink unless a
State purchasing officer
| ||
determines that another type of ink is required to assure high
| ||
quality and reasonable pricing of
the printed product. | ||
This Section does not apply to digital printing services.
| ||
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||
(30 ILCS 500/45-30)
| ||
Sec. 45-30. Illinois Correctional Industries. | ||
Notwithstanding anything to the
contrary in other law, each the | ||
chief procurement officer appointed pursuant to paragraph (4) | ||
of subsection (a) of Section 10-20 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 under their respective jurisdictions 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. Each
The chief procurement officer | ||
appointed pursuant to paragraph (4) of subsection (a) of | ||
Section 10-20 shall develop and distribute to the appropriate | ||
various
purchasing and using agencies a listing of all Illinois | ||
Correctional Industries products and procedures for | ||
implementing this Section.
| ||
(Source: P.A. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/45-45)
| ||
Sec. 45-45. Small businesses.
| ||
(a) Set-asides. Each 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,
annual sales and | ||
receipts of the potential contractor 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.
| ||
(2) No retail business or business selling services is
| ||
a small business if its
annual sales and receipts exceed | ||
$8,000,000.
| ||
(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.
| ||
(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. Each The chief procurement | ||
officer shall
designate one or more individuals a
State | ||
purchasing officer
who will be responsible for engaging an | ||
experienced contract
negotiator to serve as its small
business | ||
specialist . The small business specialists shall collectively | ||
work together to accomplish the following duties , whose duties | ||
shall include :
| ||
(1) Compiling and maintaining a comprehensive
list of | ||
potential small contractors. 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. Each small business | ||
specialist The State purchasing
officer designated under
| ||
subsection (e) shall annually before November 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. 98-1076, eff. 1-1-15 .)
| ||
(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 November 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 meaning provided in Section 1-15.100 | ||
of this Code 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 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 | ||
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 | ||
2012 relating to this Section to the chief procurement | ||
officers appointed pursuant to Section 10-20. The chief | ||
procurement officers appointed pursuant to Section 10-20 | ||
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 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 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; 98-1076, eff. 1-1-15 .) | ||
(30 ILCS 500/45-90 new) | ||
Sec. 45-90. Small business contracts. | ||
(a) Not less than 10% of the total dollar amount of State | ||
contracts shall be established as a goal to be awarded as a | ||
contract or subcontract to small businesses. | ||
(b) The percentage in subsection (a) relates to the total | ||
dollar amount of State contracts during each State fiscal year, | ||
calculated by examining independently each type of contract for | ||
each State official or agency which lets such contracts. | ||
(c) Each State agency shall file with its chief procurement | ||
officer an annual compliance plan which shall outline the goals | ||
for contracting with small businesses for the then-current | ||
fiscal year, the manner in which the agency intends to reach | ||
these goals, and a timetable for reaching these goals. The | ||
chief procurement officer shall review and approve the plan of | ||
the agency and may reject any plan that does not comply with | ||
this Section. | ||
(d) Each State agency shall file with its chief procurement |
officer an annual report of its utilization of small businesses | ||
during the preceding fiscal year, including lapse period | ||
spending and a mid-fiscal year report of its utilization to | ||
date for the then-current fiscal year. The reports shall | ||
include a self-evaluation of the efforts of the State official | ||
or agency to meet its goals. | ||
(e) The chief procurement officers shall make public | ||
presentations, at least once a year, directed at providing | ||
information to small businesses about the contracting process | ||
and how to apply for contracts or subcontracts. | ||
(f) Each chief procurement officer shall file, no later | ||
than November 1 of each year, an annual report with the | ||
Governor and the General Assembly that shall include, but need | ||
not be limited to, the following: | ||
(1) a summary of the number of contracts awarded and | ||
the average contract amount by each State official or | ||
agency; and | ||
(2) an analysis of the level of overall goal | ||
achievement concerning purchases from small businesses. | ||
(g) Each chief procurement officer may adopt rules to | ||
implement and administer this Section. | ||
(30 ILCS 500/50-2) | ||
Sec. 50-2. Continuing disclosure; false certification. | ||
Every person that has entered into a multi-year contract for | ||
more than one year in duration for the initial term or for any |
renewal term and every subcontractor with a multi-year | ||
subcontract shall certify, by January July 1 of each fiscal | ||
year covered by the contract after the initial fiscal year, to | ||
the responsible chief procurement officer or, if the | ||
procurement is under the authority of a chief procurement | ||
officer, the applicable procurement officer of any changes that | ||
affect its ability whether it continues to satisfy the | ||
requirements of this Article pertaining to eligibility for a | ||
contract award. If a contractor or subcontractor continues to | ||
meet all requirements of this Article, it shall not be required | ||
to submit any certification or if the work under the contract | ||
has been substantially completed before contract expiration | ||
but the contract has not yet expired. If a contractor or | ||
subcontractor is not able to truthfully certify that it | ||
continues to meet all requirements, it shall provide with its | ||
certification a detailed explanation of the circumstances | ||
leading to the change in certification status. A contractor or | ||
subcontractor that makes a false statement material to any | ||
given certification required under this Article is, in addition | ||
to any other penalties or consequences prescribed by law, | ||
subject to liability under the Illinois False Claims Act for | ||
submission of a false claim.
| ||
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||
for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
| ||
(30 ILCS 500/50-10)
|
Sec. 50-10. Felons. | ||
(a) Unless otherwise provided, no person
or business | ||
convicted of
a felony shall do business with the State of | ||
Illinois or any State
agency, or enter into a subcontract, from | ||
the date of
conviction until 5 years after the date of | ||
completion of the
sentence for that felony, unless no
person | ||
held responsible by a prosecutorial office for the facts
upon | ||
which the conviction was
based continues to have any | ||
involvement with the business.
| ||
For purposes of this subsection (a), "completion of | ||
sentence" means completion of all sentencing related to the | ||
felony conviction or admission and includes, but is not limited | ||
to, the following: incarceration, mandatory supervised | ||
release, probation, work release, house arrest, or commitment | ||
to a mental facility. | ||
(b) Every bid or offer submitted to the State, every | ||
contract executed by the State, every subcontract subject to | ||
Section 20-120 of this Code, and every vendor's submission to a | ||
vendor portal shall contain a certification by the bidder, | ||
offeror, potential contractor, contractor, or subcontractor, | ||
respectively, that the bidder, offeror, potential contractor, | ||
contractor, or subcontractor is not barred from being awarded a | ||
contract or subcontract under this Section and acknowledges | ||
that the chief procurement officer may declare the related | ||
contract void if any of the certifications required by this | ||
Section are false. If the false certification is made by a |
subcontractor, then the contractor's submitted bid or offer and | ||
the executed contract may not be declared void, unless the | ||
contractor refuses to terminate the subcontract upon the | ||
State's request after a finding that the subcontract's | ||
certification was false. | ||
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/50-10.5) | ||
Sec. 50-10.5. Prohibited bidders, offerors, potential | ||
contractors, and contractors. | ||
(a) Unless otherwise provided, no business shall bid, | ||
offer, enter into a
contract or subcontract under this Code, or | ||
make a submission to a vendor portal if the business or any
| ||
officer, director, partner, or other managerial agent of the | ||
business has been
convicted of a felony under the | ||
Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||
the Illinois Securities Law of 1953 for a
period of 5 years | ||
from
the date of conviction. | ||
(b) Every bid and offer submitted to the State, every | ||
contract executed by the State, every vendor's submission to a | ||
vendor portal, and every subcontract subject to Section 20-120 | ||
of this Code shall contain
a certification by the bidder, | ||
offeror, potential contractor, contractor, or subcontractor, | ||
respectively, that the bidder, offeror, potential contractor, | ||
contractor, or subcontractor is not barred
from being awarded a | ||
contract or subcontract under this Section and
acknowledges |
that the chief procurement officer shall declare the related | ||
contract void
if any of
the certifications completed pursuant | ||
to this subsection (b) are false. If the false certification is | ||
made by a subcontractor, then the contractor's submitted bid or | ||
offer and the executed contract may not be declared void, | ||
unless the contractor refuses to terminate the subcontract upon | ||
the State's request after a finding that the subcontract's | ||
certification was false. | ||
(c) If a business is not a natural person, the prohibition | ||
in subsection (a)
applies only if: | ||
(1) the business itself is convicted of a felony | ||
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 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 , or (iii) asks | ||
for clarification regarding a solicitation, so long as there is | ||
no competitive advantage to the person or business and the | ||
question and answer, if material, are posted to the Illinois | ||
Procurement Bulletin as an addendum to the solicitation . | ||
Nothing in this Section prohibits a vendor developing | ||
technology, goods, or services from bidding or offering to | ||
supply that technology or those goods or services if the | ||
subject demonstrated to the State represents industry trends | ||
and innovation and is not specifically designed to meet the | ||
State's needs. | ||
Nothing in this Section prohibits a person performing | ||
construction-related services from initiating contact with a | ||
business that performs construction for the purpose of | ||
obtaining market costs or production time to determine the | ||
estimated costs to complete the construction project. |
For purposes of this subsection (e), "business" includes | ||
all individuals with whom a business is affiliated, including, | ||
but not limited to, any officer, agent, employee, consultant, | ||
independent contractor, director, partner, or manager of a | ||
business. | ||
No person or business shall submit specifications to a | ||
State agency unless requested to do so by an employee of the | ||
State. No person or business who contracts with a State agency | ||
to write specifications for a particular procurement need shall | ||
submit a bid or proposal or receive a contract for that | ||
procurement need. | ||
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | ||
(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. | ||
The reporting requirement does not apply to any | ||
communication asking for clarification regarding a contract | ||
solicitation so long as there is no competitive advantage to | ||
the person or business and the question and answer, if | ||
material, are posted to the Illinois Procurement Bulletin as an | ||
addendum to the contract solicitation. | ||
(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. 97-333, eff. 8-12-11; 97-618, eff. 10-26-11; | ||
97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/50-40)
| ||
Sec. 50-40. Reporting and 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, or employees of the State, a notice
of the | ||
relevant facts shall be transmitted to the appropriate | ||
Inspector General, the Attorney General , and the
chief | ||
procurement officer.
| ||
(Source: P.A. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/50-45)
| ||
Sec. 50-45. Confidentiality. Any chief procurement | ||
officer, State
purchasing officer, designee, or executive | ||
officer , or State employee
who willfully uses or allows the use | ||
of specifications,
competitive solicitation documents, | ||
proprietary competitive information,
contracts, or selection | ||
information to compromise the fairness or integrity of
the | ||
procurement 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. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 500/53-10)
| ||
Sec. 53-10. Concessions and leases of State property and |
no-cost contracts .
| ||
(a) Except for property under the jurisdiction of a public | ||
institution of
higher education, concessions, including the | ||
assignment, license, sale, or
transfer of
interests in or | ||
rights to discoveries, inventions, patents, or copyrightable
| ||
works, may be entered into by the State agency with | ||
jurisdiction over the
property, whether tangible or | ||
intangible.
| ||
(b) Except for property under the jurisdiction of a public | ||
institution of
higher education, all leases of State property | ||
and concessions shall be reduced to writing and shall be
| ||
awarded under
the provisions of Article 20, except that the | ||
contract shall be awarded to the
highest bidder or and best | ||
bidder or offeror when the State receives a lease payment, a | ||
percentage of sales from the lessee, or in-kind support from | ||
the lessee based on the return to the State .
| ||
(c) Except for property under the jurisdiction of a public | ||
institution of higher education, all no-cost procurements | ||
shall be reduced to writing and shall be awarded under the | ||
provisions of Article 20 of this Code. All awards of no-cost | ||
procurements shall identify the estimated business value to the | ||
lessee and the value to the State. | ||
(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 503/Act rep.) |
Section 20. The Small Business Contracts Act is repealed. | ||
Section 25. The Governmental Joint Purchasing Act is | ||
amended by changing Sections 1, 2, 3, 4, and 4.2 and by adding | ||
Sections 1.1 and 4.05 as follows:
| ||
(30 ILCS 525/1) (from Ch. 85, par. 1601)
| ||
Sec. 1. Definitions. For the purposes of this Act, | ||
" Governmental 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.
| ||
"Master contract" means a definite quantity or indefinite | ||
quantity contract awarded pursuant to this Act against which | ||
subsequent orders may be placed to meet the needs of a | ||
governmental unit or qualified not-for-profit agency. | ||
"Multiple award" means an award that is made to 2 or more | ||
bidders or offerors for similar supplies or services. | ||
(Source: P.A. 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 525/1.1 new) | ||
Sec. 1.1. Joint purchasing programs. Each chief | ||
procurement officer may establish a joint purchasing program | ||
and a cooperative purchasing program.
|
(30 ILCS 525/2) (from Ch. 85, par. 1602)
| ||
Sec. 2. Joint purchasing authority. | ||
(a) Any governmental unit , except a governmental unit | ||
subject to the jurisdiction of a chief procurement officer | ||
established in Section 10-20 of the Illinois Procurement Code, | ||
may purchase personal property, supplies
and services jointly | ||
with one or more other governmental units. All such joint
| ||
purchases shall be by competitive solicitation as provided in | ||
Section 4 of this Act , except as otherwise provided in this | ||
Act .
The provisions of any other acts under which a | ||
governmental unit operates which
refer to purchases and | ||
procedures in connection therewith shall be superseded
by the | ||
provisions of this Act when the governmental units are | ||
exercising the
joint powers created by this Act.
| ||
(a-5) For purchases made by a governmental unit subject to | ||
the jurisdiction of a chief procurement officer established in | ||
Section 10-20 of the Illinois Procurement Code, the applicable | ||
A chief procurement officer established in Section 10-20 of the | ||
Illinois Procurement Code may authorize the purchase of | ||
personal property, supplies , and services jointly with a | ||
governmental unit entity of this State, governmental entity of | ||
or another state , or with a consortium of governmental entities | ||
of one or more other states , except as otherwise provided in | ||
this Act . Subject to provisions of the joint purchasing | ||
solicitation, the appropriate chief procurement officer may | ||
designate the resulting contract as available to governmental |
units in Illinois. | ||
(a-10) Each chief procurement officer appointed pursuant | ||
to Section 10-20 of the Illinois Procurement Code, with joint | ||
agreement of the respective agency or institution, may | ||
authorize the purchase or lease of supplies and services which | ||
have been procured through a competitive process by a federal | ||
agency; a consortium of governmental, educational, medical, | ||
research, or similar entities; or a group purchasing | ||
organization of which the chief procurement officer or State | ||
agency is a member or affiliate, including, without limitation, | ||
any purchasing entity operating under the federal General | ||
Services Administration, the Higher Education Cooperation Act, | ||
and the Midwestern Higher Education Compact Act. Each | ||
applicable chief procurement officer may authorize purchases | ||
and contracts which have been procured through other methods of | ||
procurement if each chief procurement officer determines it is | ||
in the best interests of the State, considering a | ||
recommendation by their respective agencies or institutions. | ||
The chief procurement officer may establish detailed rules, | ||
policies, and procedures for use of these cooperative | ||
contracts. Notice of award shall be published by the chief | ||
procurement officer in the Illinois Procurement Bulletin at | ||
least prior to use of the contract. Each chief procurement | ||
officer shall submit to the General Assembly by November 1 of | ||
each year a report of procurements made under this subsection | ||
(a-10). |
(b) Any not-for-profit agency that qualifies under Section | ||
45-35 of the Illinois Procurement Code and that either (1) acts | ||
pursuant to a board
established by or controlled by a unit of | ||
local government or (2) receives
grant funds from the State or | ||
from a unit of local government, shall be
eligible to | ||
participate in contracts established by the State.
| ||
(c) For governmental units subject to the jurisdiction of a | ||
chief procurement officer established in Section 10-20 of the | ||
Illinois Procurement Code, if any contract or amendment to a | ||
contract is entered into or purchase or expenditure of funds is | ||
made at any time in violation of this Act or any other law, the | ||
contract or amendment may be declared void by the chief | ||
procurement officer or may be ratified and affirmed, if the | ||
chief procurement officer determines that ratification is in | ||
the best interests of the governmental unit. If the contract or | ||
amendment is ratified and affirmed, it shall be without | ||
prejudice to the governmental unit's rights to any appropriate | ||
damages. | ||
(d) This Section does not apply to construction-related | ||
professional services contracts awarded in accordance with the | ||
provisions of the Architectural, Engineering, and Land | ||
Surveying Qualifications Based Selection Act. | ||
(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| ||
(30 ILCS 525/3) (from Ch. 85, par. 1603)
| ||
Sec. 3. Conduct of competitive procurement. 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 | ||
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 | ||
process. Expenses of such competitive procurement 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 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 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 the State of Illinois is the lead state, a multiple | ||
award is allowed. 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 contractors | ||
bidders and governmental units or qualified not-for-profit | ||
agencies shall be resolved
between the immediate parties.
| ||
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 525/4) (from Ch. 85, par. 1604)
| ||
Sec. 4. Bids, offers, and small purchases. The purchases of | ||
all personal property, supplies and services under
this Act, | ||
except for small purchases, shall be based on competitive | ||
solicitations unless, for purchases made pursuant to | ||
subsection (a) of Section 2 of this Act, it is the |
determination of the applicable chief procurement officer that | ||
it is impractical to obtain competition. Purchases pursuant to | ||
this Section and shall follow the same procedures used for | ||
competitive solicitations made pursuant to the Illinois | ||
Procurement Code when the State is a party to the joint | ||
purchase. For purchases made pursuant to subsection (a) of | ||
Section 2 of this Act where the applicable chief procurement | ||
officer makes the determination that it is impractical to | ||
obtain competition, purchases shall either follow the same | ||
procedure used for sole source procurements in Section 20-25 of | ||
the Illinois Procurement Code or the same procedure used for | ||
emergency purchases in Section 20-30 of the Illinois | ||
Procurement Code . For purchases pursuant to subsection (a) of | ||
Section 2, bids and offers 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 , except as otherwise provided in this Section . 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. The | ||
governmental unit conducting the competitive procurement |
process may also
solicit sealed bids or offers by sending | ||
requests by mail to potential contractors
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, 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 may be rejected and
new bids or offers solicited if one | ||
or more of the participating governmental units
believes the | ||
public interest may be served thereby. Each bid or offer, with | ||
the name
of the bidder or offeror, shall be entered on a | ||
record, which record with the
successful bid or offer, | ||
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. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||
(30 ILCS 525/4.05 new) | ||
Sec. 4.05. Other methods of joint purchases. |
(a) It may be determined that it is impractical to obtain | ||
competition because either (i) there is only one | ||
economically-feasible source for the item or (ii) there is a | ||
threat to public health or public safety, or when immediate | ||
expenditure is necessary 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. | ||
(b) When the State of Illinois is a party to the joint | ||
purchase agreement, the applicable chief procurement officer | ||
shall make a determination whether (i) there is only one | ||
economically feasible source for the item or (ii) that there | ||
exists a threat to public health or public safety or that | ||
immediate expenditure is necessary to prevent or minimize | ||
serious disruption in critical State services. | ||
(c) When there is only one economically feasible source for | ||
the item, the chief procurement officer may authorize a sole | ||
economically-feasible source contract. When there exists a | ||
threat to public health or public safety or when immediate | ||
expenditure is necessary to prevent or minimize serious | ||
disruption in critical State services, the chief procurement | ||
officer may authorize an emergency procurement without | ||
competitive sealed bidding or competitive sealed proposals or | ||
prior notice. | ||
(d) All joint purchases made pursuant to this Section shall | ||
follow the same procedures for sole source contracts in the |
Illinois Procurement Code when the chief procurement officer | ||
determines there is only one economically-feasible source for | ||
the item. All joint purchases made pursuant to this Section | ||
shall follow the same procedures for emergency purchases in the | ||
Illinois Procurement Code when the chief procurement officer | ||
determines immediate expenditure is necessary 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. | ||
(e) Each chief procurement officer shall submit to the | ||
General Assembly by November 1 of each year a report of | ||
procurements made under this Section.
| ||
(30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
| ||
Sec. 4.2.
Any governmental unit may, without violating any | ||
bidding
requirement otherwise applicable to it, procure | ||
personal property, supplies
and services under any contract let | ||
by the State pursuant to lawful
procurement procedures. | ||
Purchases made by the State of Illinois must be approved or | ||
authorized by the appropriate chief procurement officer.
| ||
(Source: P.A. 97-895, eff. 8-3-12.)
| ||
Section 26. The State Prompt Payment Act is amended by | ||
changing Section 7 as follows:
| ||
(30 ILCS 540/7)
(from Ch. 127, par. 132.407)
|
Sec. 7. Payments to subcontractors and material suppliers. | ||
(a) When a State official or agency responsible for | ||
administering a
contract submits a voucher to the Comptroller | ||
for
payment to a contractor, that State official or agency | ||
shall promptly make
available electronically
the voucher | ||
number, the date of the voucher, and
the amount of the voucher.
| ||
The State official or agency responsible for administering the | ||
contract shall
provide subcontractors and material suppliers, | ||
known to the State official or
agency, with instructions on how | ||
to access the electronic information. | ||
(a-5) When a
contractor receives any payment, the | ||
contractor shall
pay each subcontractor and material supplier | ||
in proportion to the work
completed by each subcontractor and | ||
material supplier its their application or pay estimate , plus | ||
interest received under this Act ,
less any retention . When a | ||
contractor receives any payment, the contractor shall pay each | ||
lower-tiered subcontractor and material supplier and each | ||
subcontractor and material supplier shall make payment to its | ||
own respective subcontractors and material suppliers. If the | ||
contractor receives less than the full payment
due under the | ||
public construction contract, the contractor shall be
| ||
obligated to disburse on a pro rata basis those funds received, | ||
plus interest received under this Act, with the
contractor, | ||
subcontractors and material suppliers each receiving a | ||
prorated
portion based on the amount of payment each has | ||
earned . When, however, the State official or agency public |
owner
does not release the full payment due under the contract | ||
because there are
specific areas of work or materials the State | ||
agency or official has determined contractor is rejecting or | ||
because
the contractor has otherwise determined such areas are | ||
not suitable for
payment, then those specific subcontractors or | ||
material suppliers involved shall not
be paid for that portion | ||
of work rejected or deemed not suitable for
payment and all | ||
other subcontractors and suppliers shall be paid based upon the | ||
amount of payment each has earned in full , plus interest | ||
received under this Act.
| ||
(a-10) For construction contracts with the Department of | ||
Transportation, the contractor, subcontractor, or material | ||
supplier, regardless of tier, shall not offset, decrease, or | ||
diminish payment or payments that are due to its subcontractors | ||
or material suppliers without reasonable cause. | ||
A contractor, who refuses to make prompt payment, in whole | ||
or in part, shall provide to the subcontractor or material | ||
supplier and the public owner or its agent, a written notice of | ||
that refusal. The written notice shall be made by a contractor | ||
no later than 5 calendar days after payment is received by the | ||
contractor. The written notice shall identify the Department of | ||
Transportation's contract, any subcontract or material | ||
purchase agreement, a detailed reason for refusal, the value of | ||
the payment to be withheld, and the specific remedial actions | ||
required of the subcontractor or material supplier so that | ||
payment may be made. Written notice of refusal may be given in |
a form and method which is acceptable to the parties and public | ||
owner. | ||
(b) If the contractor, without reasonable cause, fails to | ||
make full payment of amounts due under subsection (a) to its
| ||
his subcontractors and material suppliers within 15 calendar | ||
days after
receipt of
payment from the State official or agency | ||
under the public construction contract , the contractor shall | ||
pay to its
his subcontractors and material suppliers, in | ||
addition to the payment due
them, interest in the amount of
2% | ||
per month, calculated from the
expiration of the 15-day period | ||
until fully paid. This subsection shall further
also apply to | ||
any payments made by subcontractors and material suppliers to
| ||
their subcontractors and material suppliers and to all payments | ||
made to
lower tier subcontractors and material suppliers | ||
throughout the contracting
chain.
| ||
(1) If a contractor, without reasonable cause, fails to | ||
make payment in
full as
provided in subsection (a-5) (a) | ||
within 15 calendar days after receipt of payment under the
| ||
public
construction contract, any subcontractor or | ||
material supplier to whom payments
are owed
may file a | ||
written notice and request for administrative hearing with | ||
the State official or agency setting forth the
amount owed | ||
by
the contractor and the contractor's failure to timely | ||
pay the amount owed. The written notice and request for | ||
administrative hearing shall identify the public | ||
construction contract, the contractor, and the amount |
owed, and shall contain a sworn statement or attestation to | ||
verify the accuracy of the notice. The notice and request | ||
for administrative hearing shall be filed with the State | ||
official for the public construction contract, with a copy | ||
of the notice concurrently provided to the contractor. | ||
Notice to the State official may be made by certified or | ||
registered mail, messenger service, or personal service, | ||
and must include proof of delivery to the State official.
| ||
(2) The State official or agency, within 15 calendar | ||
days after receipt of a
subcontractor's
or material | ||
supplier's written notice and request for administrative | ||
hearing of the failure to receive payment from
the | ||
contractor ,
shall hold a hearing convened by an | ||
administrative law judge to determine whether the | ||
contractor withheld payment,
without
reasonable cause, | ||
from the subcontractors or and material suppliers and what
| ||
amount, if any,
is due to the subcontractors or and | ||
material suppliers , and the reasonable cause or causes | ||
asserted by the contractor . The State official or
agency | ||
shall
provide appropriate notice to the parties of the | ||
date, time, and location of
the hearing. Each contractor, | ||
subcontractor, or and material supplier has the right to be | ||
represented by counsel at a the hearing and to | ||
cross-examine witnesses and challenge documents. Upon the | ||
request of the subcontractor or material supplier and a | ||
showing of good cause, reasonable continuances may be |
granted by the administrative law judge.
| ||
(3) Upon If there is a finding by the administrative | ||
law judge that the contractor failed
to make
payment in | ||
full, without reasonable cause, as provided in subsection | ||
(a-10) (a) , then
the administrative law judge shall, in | ||
writing, order direct the contractor to pay the amount
owed | ||
to the
subcontractors or and material suppliers plus | ||
interest within 15 calendar days after the order
finding .
| ||
(4) If a contractor fails to make full payment as | ||
ordered under paragraph (3) of this subsection (b) within | ||
15 days after the
administrative law judge's order finding , | ||
then the contractor shall be barred from
entering into a | ||
State
public construction contract for a period of one year | ||
beginning on the date of
the administrative law judge's | ||
order finding .
| ||
(5) If, on 2 or more occasions within a 3-calendar-year | ||
period, there is a finding by an administrative law judge | ||
that the contractor failed to make payment in full, without | ||
reasonable cause, and a written order was issued to a | ||
contractor under paragraph (3) of this subsection (b), then | ||
the contractor shall be barred from entering into a State | ||
public construction contract for a period of 6 months | ||
beginning on the date of the administrative law judge's | ||
second written order, even if the payments required under | ||
the orders were made in full. | ||
(6) If a contractor fails to make full payment as |
ordered under paragraph (4) of this subsection (b), the | ||
subcontractor or material supplier may, within 30 days of | ||
the date of that order, petition the State agency for an | ||
order for reasonable attorney's fees and costs incurred in | ||
the prosecution of the action under this subsection (b). | ||
Upon that petition and taking of additional evidence, as | ||
may be required, the administrative law judge may issue a | ||
supplemental order directing the contractor to pay those | ||
reasonable attorney's fees and costs. | ||
(7) The written order of the administrative law judge | ||
shall be final and appealable under the Administrative | ||
Review Law. | ||
(c) This Section shall not be construed to in any manner | ||
diminish, negate, or interfere with the | ||
contractor-subcontractor or contractor-material supplier | ||
relationship or commercially useful function. | ||
(d) This Section shall not preclude, bar, or stay the | ||
rights, remedies, and defenses available to the parties by way | ||
of the operation of their contract, purchase agreement, the | ||
Mechanics Lien Act, or the Public Construction Bond Act. | ||
(e) State officials and agencies may adopt rules as may be | ||
deemed necessary in order to establish the formal procedures | ||
required under this Section. | ||
(f) As used in this Section: | ||
"Payment" means the discharge of an obligation in money or | ||
other valuable consideration or thing delivered in full or |
partial satisfaction of an obligation to pay. "Payment" shall | ||
include interest paid pursuant to this Act. | ||
"Reasonable cause" may include, but is not limited to, | ||
unsatisfactory workmanship or materials; failure to provide | ||
documentation required by the contract, subcontract, or | ||
material purchase agreement; claims made against the | ||
Department of Transportation or the subcontractor pursuant to | ||
subsection (c) of Section 23 of the Mechanics Lien Act or the | ||
Public Construction Bond Act; judgments, levies, garnishments, | ||
or other court-ordered assessments or offsets in favor of the | ||
Department of Transportation or other State agency entered | ||
against a subcontractor or material supplier. "Reasonable | ||
cause" does not include payments issued to the contractor that | ||
create a negative or reduced valuation pay application or pay | ||
estimate due to a reduction of contract quantities or work not | ||
performed or provided by the subcontractor or material | ||
supplier; the interception or withholding of funds for reasons | ||
not related to the subcontractor's or material supplier's work | ||
on the contract; anticipated claims or assessments of third | ||
parties not a party related to the contract or subcontract; | ||
asserted claims or assessments of third parties that are not | ||
authorized by court order, administrative tribunal, or | ||
statute. "Reasonable cause" further does not include the | ||
withholding, offset, or reduction of payment, in whole or in | ||
part, due to the assessment of liquidated damages or penalties | ||
assessed by the Department of Transportation against the |
contractor, unless the subcontractor's performance or supplied | ||
materials were the sole and proximate cause of the liquidated | ||
damage or penalty. | ||
(Source: P.A. 94-672, eff. 1-1-06; 94-972, eff. 7-1-07 .)
| ||
Section 27. The Business Enterprise for Minorities, | ||
Females, and Persons with
Disabilities Act is amended by adding | ||
Section 8g as follows: | ||
(30 ILCS 575/8g new) | ||
Sec. 8g. Special Committee on Minority, Female, Persons | ||
with Disabilities, and Veterans Contracting. | ||
(a) There is created a Special Committee on Minority, | ||
Female, Persons with Disabilities, and Veterans Contracting | ||
under the Council. The Special Committee shall review Illinois' | ||
procurement laws regarding contracting with minority-owned | ||
businesses, female-owned businesses, businesses owned by | ||
persons with disabilities, and veteran-owned businesses to | ||
determine what changes should be made to increase participation | ||
of these businesses in State procurements. | ||
(b) The Special Committee shall consist of the following | ||
members: | ||
(1) 3 persons each to be appointed by the Speaker of | ||
the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
the Minority Leader of the Senate; only one Special |
Committee member of each appointee under this paragraph may | ||
be a current member of the General Assembly; | ||
(2) the Director of Central Management Services, or his | ||
or her designee; | ||
(3) the chairperson of the Council, or his or her | ||
designee; and | ||
(4) each chief procurement officer. | ||
(c) The Special Committee shall conduct at least 3 | ||
hearings, with at least one hearing in Springfield and one in | ||
Chicago. Each hearing shall be open to the public and notice of | ||
the hearings shall be posted on the websites of the Procurement | ||
Policy Board, the Department of Central Management Services, | ||
and the General Assembly at least 6 days prior to the hearing. | ||
Section 30. The Illinois Human Rights Act is amended by | ||
changing Section 2-101 as follows:
| ||
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| ||
Sec. 2-101. Definitions. The following definitions are | ||
applicable
strictly in the context of this Article.
| ||
(A) Employee.
| ||
(1) "Employee" includes:
| ||
(a) Any individual performing services for | ||
remuneration within this
State for an employer;
| ||
(b) An apprentice;
| ||
(c) An applicant for any apprenticeship.
|
For purposes of subsection (D) of Section 2-102 of this | ||
Act, "employee" also includes an unpaid intern. An unpaid | ||
intern is a person who performs work for an employer under | ||
the following circumstances: | ||
(i) the employer is not committed to hiring the | ||
person performing the work at the conclusion of the | ||
intern's tenure; | ||
(ii) the employer and the person performing the | ||
work agree that the person is not entitled to wages for | ||
the work performed; and | ||
(iii) the work performed: | ||
(I) supplements training given in an | ||
educational environment that may enhance the | ||
employability of the intern; | ||
(II) provides experience for the benefit of | ||
the person performing the work; | ||
(III) does not displace regular employees; | ||
(IV) is performed under the close supervision | ||
of existing staff; and | ||
(V) provides no immediate advantage to the | ||
employer providing the training and may
| ||
occasionally impede the operations of the | ||
employer. | ||
(2) "Employee" does not include:
| ||
(a) (Blank);
| ||
(b) Individuals employed by persons who are not |
"employers" as
defined by this Act;
| ||
(c) Elected public officials or the members of | ||
their immediate
personal staffs;
| ||
(d) Principal administrative officers of the State | ||
or of any
political subdivision, municipal corporation | ||
or other governmental unit
or agency;
| ||
(e) A person in a vocational rehabilitation | ||
facility certified under
federal law who has been | ||
designated an evaluee, trainee, or work
activity | ||
client.
| ||
(B) Employer.
| ||
(1) "Employer" includes:
| ||
(a) Any person employing 15 or more employees | ||
within Illinois during
20 or more calendar weeks within | ||
the calendar year of or preceding the alleged
| ||
violation;
| ||
(b) Any person employing one or more employees when | ||
a complainant
alleges civil rights violation due to | ||
unlawful discrimination based
upon his or her physical | ||
or mental disability unrelated to ability, pregnancy, | ||
or
sexual harassment;
| ||
(c) The State and any political subdivision, | ||
municipal corporation
or other governmental unit or | ||
agency, without regard to the number of
employees;
| ||
(d) Any party to a public contract without regard | ||
to the number of
employees;
|
(e) A joint apprenticeship or training committee | ||
without regard to the
number of employees.
| ||
(2) "Employer" does not include any religious | ||
corporation,
association, educational institution, | ||
society, or non-profit nursing
institution conducted by | ||
and for those who rely upon treatment by prayer
through | ||
spiritual means in accordance with the tenets of a | ||
recognized
church or religious denomination with respect | ||
to the employment of
individuals of a particular religion | ||
to perform work connected with the
carrying on by such | ||
corporation, association, educational institution,
society | ||
or non-profit nursing institution of its activities.
| ||
(C) Employment Agency. "Employment Agency" includes both | ||
public and
private employment agencies and any person, labor | ||
organization, or labor
union having a hiring hall or hiring | ||
office regularly undertaking, with
or without compensation, to | ||
procure opportunities to work, or to
procure, recruit, refer or | ||
place employees.
| ||
(D) Labor Organization. "Labor Organization" includes any
| ||
organization, labor union, craft union, or any voluntary | ||
unincorporated
association designed to further the cause of the | ||
rights of union labor
which is constituted for the purpose, in | ||
whole or in part, of collective
bargaining or of dealing with | ||
employers concerning grievances, terms or
conditions of | ||
employment, or apprenticeships or applications for
| ||
apprenticeships, or of other mutual aid or protection in |
connection with
employment, including apprenticeships or | ||
applications for apprenticeships.
| ||
(E) Sexual Harassment. "Sexual harassment" means any | ||
unwelcome sexual
advances or requests for sexual favors or any | ||
conduct of a sexual nature
when (1) submission to such conduct | ||
is made either explicitly or implicitly
a term or condition of | ||
an individual's employment, (2) submission to or
rejection of | ||
such conduct by an individual is used as the basis for
| ||
employment decisions affecting such individual, or (3) such | ||
conduct has the
purpose or effect of substantially interfering | ||
with an individual's work
performance or creating an | ||
intimidating, hostile or offensive working
environment.
| ||
(F) Religion. "Religion" with respect to employers | ||
includes all
aspects of religious observance and practice, as | ||
well as belief, unless an
employer demonstrates that he is | ||
unable to reasonably accommodate an
employee's or prospective | ||
employee's religious observance or practice
without undue | ||
hardship on the conduct of the employer's business.
| ||
(G) Public Employer. "Public employer" means the State, an | ||
agency or
department thereof, unit of local government, school | ||
district,
instrumentality or political subdivision.
| ||
(H) Public Employee. "Public employee" means an employee of | ||
the State,
agency or department thereof, unit of local | ||
government, school district,
instrumentality or political | ||
subdivision. "Public employee" does not include
public | ||
officers or employees of the General Assembly or agencies |
thereof.
| ||
(I) Public Officer. "Public officer" means a person who is | ||
elected to
office pursuant to the Constitution or a statute or | ||
ordinance, or who is
appointed to an office which is | ||
established, and the qualifications and
duties of which are | ||
prescribed, by the Constitution or a statute or
ordinance, to | ||
discharge a public duty for the State, agency or department
| ||
thereof, unit of local government, school district, | ||
instrumentality or
political subdivision.
| ||
(J) Eligible Bidder. "Eligible bidder" means a person who, | ||
prior to contract award or prior to bid opening for State | ||
contracts for construction or construction-related services a
| ||
bid opening , has filed with the Department a properly | ||
completed, sworn and
currently valid employer report form, | ||
pursuant to the Department's regulations.
The provisions of | ||
this Article relating to eligible bidders apply only
to bids on | ||
contracts with the State and its departments, agencies, boards,
| ||
and commissions, and the provisions do not apply to bids on | ||
contracts with
units of local government or school districts.
| ||
(K) Citizenship Status. "Citizenship status" means the | ||
status of being:
| ||
(1) a born U.S. citizen;
| ||
(2) a naturalized U.S. citizen;
| ||
(3) a U.S. national; or
| ||
(4) a person born outside the United States and not a | ||
U.S. citizen who
is not an unauthorized alien and who is |
protected from discrimination under
the provisions of | ||
Section 1324b of Title 8 of the United States Code, as
now | ||
or hereafter amended.
| ||
(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15; | ||
99-78, eff. 7-20-15; 99-758, eff. 1-1-17 .)
| ||
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 upon | ||
becoming law.
|