Sen. Chapin Rose

Filed: 4/16/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1095

2    AMENDMENT NO. ______. Amend Senate Bill 1095 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 1-10 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any provision
12of a contract, entered into based on a solicitation prior to
13the implementation date of this Code as described in Article
1499, including but not limited to any covenant entered into with
15respect to any revenue bonds or similar instruments. All
16procurements for which contracts are solicited between the

 

 

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1effective date of Articles 50 and 99 and July 1, 1998 shall be
2substantially in accordance with this Code and its intent.
3    (b) This Code shall apply regardless of the source of the
4funds with which the contracts are paid, including federal
5assistance moneys. This Code shall not apply to:
6        (1) Contracts between the State and its political
7    subdivisions or other governments, or between State
8    governmental bodies except as specifically provided in
9    this Code.
10        (2) Grants, except for the filing requirements of
11    Section 20-80.
12        (3) Purchase of care.
13        (4) Hiring of an individual as employee and not as an
14    independent contractor, whether pursuant to an employment
15    code or policy or by contract directly with that
16    individual.
17        (5) Collective bargaining contracts.
18        (6) Purchase of real estate, except that notice of this
19    type of contract with a value of more than $25,000 must be
20    published in the Procurement Bulletin within 10 calendar
21    days after the deed is recorded in the county of
22    jurisdiction. The notice shall identify the real estate
23    purchased, the names of all parties to the contract, the
24    value of the contract, and the effective date of the
25    contract.
26        (7) Contracts necessary to prepare for anticipated

 

 

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1    litigation, enforcement actions, or investigations,
2    provided that the chief legal counsel to the Governor shall
3    give his or her prior approval when the procuring agency is
4    one subject to the jurisdiction of the Governor, and
5    provided that the chief legal counsel of any other
6    procuring entity subject to this Code shall give his or her
7    prior approval when the procuring entity is not one subject
8    to the jurisdiction of the Governor.
9        (8) Contracts for services to Northern Illinois
10    University by a person, acting as an independent
11    contractor, who is qualified by education, experience, and
12    technical ability and is selected by negotiation for the
13    purpose of providing non-credit educational service
14    activities or products by means of specialized programs
15    offered by the university.
16        (9) Procurement expenditures by the Illinois
17    Conservation Foundation when only private funds are used.
18        (10) Procurement expenditures by the Illinois Health
19    Information Exchange Authority involving private funds
20    from the Health Information Exchange Fund. "Private funds"
21    means gifts, donations, and private grants.
22        (11) Public-private agreements entered into according
23    to the procurement requirements of Section 20 of the
24    Public-Private Partnerships for Transportation Act and
25    design-build agreements entered into according to the
26    procurement requirements of Section 25 of the

 

 

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1    Public-Private Partnerships for Transportation Act.
2        (12) Contracts for legal, financial, and other
3    professional and artistic services entered into on or
4    before December 31, 2018 by the Illinois Finance Authority
5    in which the State of Illinois is not obligated. Such
6    contracts shall be awarded through a competitive process
7    authorized by the Board of the Illinois Finance Authority
8    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
9    50-35, and 50-37 of this Code, as well as the final
10    approval by the Board of the Illinois Finance Authority of
11    the terms of the contract.
12    Notwithstanding any other provision of law, contracts
13entered into under item (12) of this subsection (b) shall be
14published in the Procurement Bulletin within 14 calendar days
15after contract execution. The chief procurement officer shall
16prescribe the form and content of the notice. The Illinois
17Finance Authority shall provide the chief procurement officer,
18on a monthly basis, in the form and content prescribed by the
19chief procurement officer, a report of contracts that are
20related to the procurement of goods and services identified in
21item (12) of this subsection (b). At a minimum, this report
22shall include the name of the contractor, a description of the
23supply or service provided, the total amount of the contract,
24the term of the contract, and the exception to the Code
25utilized. A copy of each of these contracts shall be made
26available to the chief procurement officer immediately upon

 

 

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1request. The chief procurement officer shall submit a report to
2the Governor and General Assembly no later than November 1 of
3each year that shall include, at a minimum, an annual summary
4of the monthly information reported to the chief procurement
5officer.
6    (c) This Code does not apply to the electric power
7procurement process provided for under Section 1-75 of the
8Illinois Power Agency Act and Section 16-111.5 of the Public
9Utilities Act.
10    (d) Except for Section 20-160 and Article 50 of this Code,
11and as expressly required by Section 9.1 of the Illinois
12Lottery Law, the provisions of this Code do not apply to the
13procurement process provided for under Section 9.1 of the
14Illinois Lottery Law.
15    (e) This Code does not apply to the process used by the
16Capital Development Board to retain a person or entity to
17assist the Capital Development Board with its duties related to
18the determination of costs of a clean coal SNG brownfield
19facility, as defined by Section 1-10 of the Illinois Power
20Agency Act, as required in subsection (h-3) of Section 9-220 of
21the Public Utilities Act, including calculating the range of
22capital costs, the range of operating and maintenance costs, or
23the sequestration costs or monitoring the construction of clean
24coal SNG brownfield facility for the full duration of
25construction.
26    (f) This Code does not apply to the process used by the

 

 

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1Illinois Power Agency to retain a mediator to mediate sourcing
2agreement disputes between gas utilities and the clean coal SNG
3brownfield facility, as defined in Section 1-10 of the Illinois
4Power Agency Act, as required under subsection (h-1) of Section
59-220 of the Public Utilities Act.
6    (g) This Code does not apply to the processes used by the
7Illinois Power Agency to retain a mediator to mediate contract
8disputes between gas utilities and the clean coal SNG facility
9and to retain an expert to assist in the review of contracts
10under subsection (h) of Section 9-220 of the Public Utilities
11Act. This Code does not apply to the process used by the
12Illinois Commerce Commission to retain an expert to assist in
13determining the actual incurred costs of the clean coal SNG
14facility and the reasonableness of those costs as required
15under subsection (h) of Section 9-220 of the Public Utilities
16Act.
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to public universities within
8the State.
9        (A) Public universities shall create their own
10    procurement guidelines, including, but not limited to,
11    requiring all vendors to do the following:
12            (1) disclose all conflicts of interest under
13        Section 50-35 of this Code;
14            (2) be legally allowed to do business with the
15        State;
16            (3) comply with all State laws; and
17            (4) self-certify to paragraphs one through 3 of
18        subsection (l)(a) of this Code with signed affidavits
19        under penalty of perjury.
20        (B) Public universities must enter into contracts
21    procurements pursuant to Section 15-25 of the Code.
22        (C) Public universities entering into contracts for
23    procurements must comply with 2 CFR Part 200, if such laws
24    are applicable to the procurement.
25        (D) The applicable Chief Procurement Officer shall
26    conduct audit awards.

 

 

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1        (E) If a vendor is previously registered under the
2    vendor portal, than the public university must qualify the
3    vendor as a verified vendor. In this Section, a "verified
4    vendor" means a vendor registered under the vendor portal.
5(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
6eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
797-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
898-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
91-1-15.)".