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91_SB0876enr
SB876 Enrolled LRB9105732MWpr
1 AN ACT to amend the Illinois Procurement Code by changing
2 Sections 1-10 and 20-50.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Procurement Code is amended by
6 changing Sections 1-10 and 20-50 as follows:
7 (30 ILCS 500/1-10)
8 Sec. 1-10. Application.
9 (a) This Code applies only to procurements for which
10 contractors were first solicited on or after July 1, 1998.
11 This Code shall not be construed to affect or impair any
12 contract, or any provision of a contract, entered into based
13 on a solicitation prior to the implementation date of this
14 Code as described in Article 99, including but not limited to
15 any covenant entered into with respect to any revenue bonds
16 or similar instruments. All procurements for which contracts
17 are solicited between the effective date of Articles 50 and
18 99 and July 1, 1998 shall be substantially in accordance with
19 this Code and its intent.
20 (b) This Code shall apply regardless of the source of
21 the funds with which the contracts are paid, including
22 federal assistance moneys. This Code shall not apply to:
23 (1) contracts between the State and its political
24 subdivisions or other governments, or between State
25 governmental bodies except as specifically provided in
26 this Code.
27 (2) grants.
28 (3) purchase of care.
29 (4) hiring of an individual as employee and not as
30 an independent contractor, whether pursuant to an
31 employment code or policy or by contract directly with
SB876 Enrolled -2- LRB9105732MWpr
1 that individual.
2 (5) collective bargaining contracts.
3 (6) purchase of real estate.
4 (7) contracts necessary to prepare for anticipated
5 litigation, enforcement actions, or investigations,
6 provided that the chief legal counsel to the Governor
7 shall give his or her prior approval when the procuring
8 agency is one subject to the jurisdiction of the
9 Governor, and provided that the chief legal counsel of
10 any other procuring entity subject to this Code shall
11 give his or her prior approval when the procuring entity
12 is not one subject to the jurisdiction of the Governor.
13 (8) contracts for services to Northern Illinois
14 University by a person, acting as an independent
15 contractor, who is qualified by education, experience,
16 and technical ability and is selected by negotiation for
17 the purpose of providing non-credit educational service
18 activities or products by means of specialized programs
19 offered by the university.
20 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
21 (30 ILCS 500/20-50)
22 Sec. 20-50. Specifications. Specifications shall be
23 prepared in accordance with consistent standards that are
24 promulgated by the chief procurement officer and reviewed by
25 the Board and the Joint Committee on Administrative Rules.
26 Those standards shall include a prohibition against the use
27 of brand-name only products, except for products intended for
28 retail sale or as specified by rule, and shall include a
29 restriction on the use of specifications drafted by a
30 potential bidder. All specifications shall seek to promote
31 overall economy for the purposes intended and encourage
32 competition in satisfying the State's needs and shall not be
33 unduly restrictive.
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1 A solicitation or specification for a contract or a
2 contract, including a contract of a college, university, or
3 institution under the jurisdiction of a governing board
4 listed in Section 1-15.100, may not require, stipulate,
5 suggest, or encourage a monetary or other financial
6 contribution or donation as an explicit or implied term or
7 condition for awarding or completing the contract. The
8 contract, solicitation, or specification also may not include
9 a requirement that an individual or individuals employed by
10 such a college, university, or institution receive a
11 consulting contract for professional services.
12 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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