99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2400

 

Introduced 2/3/2016, by Sen. Pamela J. Althoff and Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Procurement Code. Provides that the chief procurement officer and designated procurement officers owe a fiduciary duty to the State. Exempts certain procurements from the Code. Re-enacts and makes changes to a provision concerning the applicability of the Code to public institutions of higher education. Provides that the chief procurement officer shall be the Director of Central Management Services or his or her designee. Provides for designated procurement officers of certain State functions. Includes designated procurement officers in certain responsibilities under the Procurement Code. Transfers certain responsibilities from the Procurement Policy Board to the Department. Provides for competitive procurements from a pre-qualified pool. Requires the Auditor General to perform, no less frequently than biennially, separate performance audits of procurements under the authority of the chief procurement officer and each designated procurement officer. Allows the Auditor General to review a specific procurement or category of procurements at any time. Repeals certain provisions concerning proposed contracts and the Board, independent State purchasing officers, procurement compliance monitors, independent chief procurement officers, methods of source selection, and procurement communications reporting. Makes other changes. Amends the State Employee Indemnification Act; Civil Administrative Code, Architectural, Engineering, and Land Surveying Qualifications Based Selection Act; Illinois State Auditing Act; Criminal Code of 2012; and the Illinois Human Rights Act to make related changes. Effective January 1, 2017.


LRB099 20210 MLM 44674 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2400LRB099 20210 MLM 44674 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employee Indemnification Act is
5amended by changing Section 1 as follows:
 
6    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
7    Sec. 1. Definitions. For the purpose of this Act:
8    (a) The term "State" means the State of Illinois, the
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher education
12created by the State, the Illinois National Guard, the
13Comprehensive Health Insurance Board, any poison control
14center designated under the Poison Control System Act that
15receives State funding, or any other agency or instrumentality
16of the State. It does not mean any local public entity as that
17term is defined in Section 1-206 of the Local Governmental and
18Governmental Employees Tort Immunity Act or a pension fund.
19    (b) The term "employee" means: any present or former
20elected or appointed officer, trustee or employee of the State,
21or of a pension fund; any present or former commissioner or
22employee of the Executive Ethics Commission or of the
23Legislative Ethics Commission; any present or former

 

 

SB2400- 2 -LRB099 20210 MLM 44674 b

1Executive, Legislative, or Auditor General's Inspector
2General; any present or former employee of an Office of an
3Executive, Legislative, or Auditor General's Inspector
4General; any present or former member of the Illinois National
5Guard while on active duty; individuals or organizations who
6contract with the Department of Corrections, the Department of
7Juvenile Justice, the Comprehensive Health Insurance Board, or
8the Department of Veterans' Affairs to provide services;
9individuals or organizations who contract with the Department
10of Human Services (as successor to the Department of Mental
11Health and Developmental Disabilities) to provide services
12including but not limited to treatment and other services for
13sexually violent persons; individuals or organizations who
14contract with the Department of Military Affairs for youth
15programs; individuals or organizations who contract to perform
16carnival and amusement ride safety inspections for the
17Department of Labor; individuals who contract with the Office
18of the State's Attorneys Appellate Prosecutor to provide legal
19services, but only when performing duties within the scope of
20the Office's prosecutorial activities; individual
21representatives of or designated organizations authorized to
22represent the Office of State Long-Term Ombudsman for the
23Department on Aging; individual representatives of or
24organizations designated by the Department on Aging in the
25performance of their duties as adult protective services
26agencies or regional administrative agencies under the Adult

 

 

SB2400- 3 -LRB099 20210 MLM 44674 b

1Protective Services Act; individuals or organizations
2appointed as members of a review team or the Advisory Council
3under the Adult Protective Services Act; individuals or
4organizations who perform volunteer services for the State
5where such volunteer relationship is reduced to writing;
6individuals who serve on any public entity (whether created by
7law or administrative action) described in paragraph (a) of
8this Section; individuals or not for profit organizations who,
9either as volunteers, where such volunteer relationship is
10reduced to writing, or pursuant to contract, furnish
11professional advice or consultation to any agency or
12instrumentality of the State; an individual or organization
13contracted with by the State pursuant to item (4) of subsection
14(b) of Section 1-10 of the Illinois Procurement Code;
15individuals who serve as foster parents for the Department of
16Children and Family Services when caring for a Department ward;
17individuals who serve as members of an independent team of
18experts under Brian's Law; and individuals who serve as
19arbitrators pursuant to Part 10A of Article II of the Code of
20Civil Procedure and the rules of the Supreme Court implementing
21Part 10A, each as now or hereafter amended; the term
22"employee"does not mean an independent contractor except as
23provided in this Section. The term includes an individual
24appointed as an inspector by the Director of State Police when
25performing duties within the scope of the activities of a
26Metropolitan Enforcement Group or a law enforcement

 

 

SB2400- 4 -LRB099 20210 MLM 44674 b

1organization established under the Intergovernmental
2Cooperation Act. An individual who renders professional advice
3and consultation to the State through an organization which
4qualifies as an "employee" under the Act is also an employee.
5The term includes the estate or personal representative of an
6employee.
7    (c) The term "pension fund" means a retirement system or
8pension fund created under the Illinois Pension Code.
9(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732,
10eff. 7-16-14; 98-756, eff. 7-16-14.)
 
11    Section 10. The Civil Administrative Code of Illinois is
12amended by changing Section 5-115 as follows:
 
13    (20 ILCS 5/5-115)  (was 20 ILCS 5/5.13e)
14    Sec. 5-115. In the Department of Central Management
15Services. Three Two Assistant Directors of Central Management
16Services. One of these 3 Assistant Directors shall be the
17Assistant Director for Procurement.
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    Section 15. The Illinois State Auditing Act is amended by
20changing Sections 3-2 and 3-3 as follows:
 
21    (30 ILCS 5/3-2)  (from Ch. 15, par. 303-2)
22    Sec. 3-2. Mandatory and directed post audits. The Auditor

 

 

SB2400- 5 -LRB099 20210 MLM 44674 b

1General shall conduct a financial audit, a compliance audit, or
2other attestation engagement, as is appropriate to the agency's
3operations under generally accepted government auditing
4standards, of each State agency except the Auditor General or
5his office at least once during every biennium, except as is
6otherwise provided in regulations adopted under Section 3-8.
7The general direction and supervision of the financial audit
8program may be delegated only to an individual who is a
9Certified Public Accountant and a payroll employee of the
10Office of the Auditor General. In the conduct of financial
11audits, compliance audits, and other attestation engagements,
12the Auditor General may inquire into and report upon matters
13properly within the scope of a performance audit, provided that
14such inquiry shall be limited to matters arising during the
15ordinary course of the financial audit.
16    In any year the Auditor General shall conduct any special
17audits as may be necessary to form an opinion on the financial
18statements of this State, as prepared by the Comptroller, and
19to certify that this presentation is in accordance with
20generally accepted accounting principles for government.
21    Simultaneously with the biennial compliance audit of the
22Department of Human Services, the Auditor General shall conduct
23a program audit of each facility under the jurisdiction of that
24Department that is described in Section 4 of the Mental Health
25and Developmental Disabilities Administrative Act. The program
26audit shall include an examination of the records of each

 

 

SB2400- 6 -LRB099 20210 MLM 44674 b

1facility concerning (i) reports of suspected abuse or neglect
2of any patient or resident of the facility and (ii) reports of
3violent acts against facility staff by patients or residents.
4The Auditor General shall report the findings of the program
5audit to the Governor and the General Assembly, including
6findings concerning patterns or trends relating to (i) abuse or
7neglect of facility patients and residents or (ii) violent acts
8against facility staff by patients or residents. However, for
9any year for which the Inspector General submits a report to
10the Governor and General Assembly as required under Section 6.7
11of the Abused and Neglected Long Term Care Facility Residents
12Reporting Act, the Auditor General need not conduct the program
13audit otherwise required under this paragraph.
14    The Auditor General shall conduct a performance audit of a
15State agency when so directed by the Commission, or by either
16house of the General Assembly, in a resolution identifying the
17subject, parties and scope. Such a directing resolution may:
18        (a) require the Auditor General to examine and report
19    upon specific management efficiencies or cost
20    effectiveness proposals specified therein;
21        (b) in the case of a program audit, set forth specific
22    program objectives, responsibilities or duties or may
23    specify the program performance standards or program
24    evaluation standards to be the basis of the program audit;
25        (c) be directed at particular procedures or functions
26    established by statute, by administrative regulation or by

 

 

SB2400- 7 -LRB099 20210 MLM 44674 b

1    precedent; and
2        (d) require the Auditor General to examine and report
3    upon specific proposals relating to state programs
4    specified in the resolution.
5    The Commission may by resolution clarify, further direct,
6or limit the scope of any audit directed by a resolution of the
7House or Senate, provided that any such action by the
8Commission must be consistent with the terms of the directing
9resolution.
10    The Auditor General shall conduct performance audits as
11required under Section 50-80 of the Illinois Procurement Code.
12(Source: P.A. 93-630, eff. 12-23-03; 94-347, eff. 7-28-05.)
 
13    (30 ILCS 5/3-3)  (from Ch. 15, par. 303-3)
14    Sec. 3-3. Discretionary audits. The Auditor General may
15initiate and conduct a special audit whenever he determines it
16to be in the public interest.
17    The Auditor General may initiate and conduct an economy and
18efficiency audit of a State agency or program whenever the
19findings of a post audit indicate that such an audit is
20advisable or in the public interest, if he has given the
21Commission at least 30 days' prior notice of his intention to
22conduct the audit and the Commission has not disapproved of
23that audit.
24    The Auditor General may, at any time, make informal
25inquiries of any agency concerning its obligation, receipt,

 

 

SB2400- 8 -LRB099 20210 MLM 44674 b

1expenditure or use of State funds, but such an inquiry may not
2be in the nature of an investigation or post audit.
3    The Auditor General may, by audit or informally, review
4procurements under Section 50-80 of the Illinois Procurement
5Code.
6(Source: P.A. 93-630, eff. 12-23-03.)
 
7    Section 20. The Illinois Procurement Code is amended by
8changing Sections 1-5, 1-10, 1-12, 1-13, 1-15.12, 1-15.15,
91-15.20, 1-15.70, 1-15.107, 1-15.108, 5-5, 10-5, 15-1, 15-20,
1015-25, 15-30, 15-35, 20-10, 20-20, 20-25, 20-30, 20-35, 20-43,
1120-45, 20-50, 20-55, 20-60, 20-65, 20-70, 20-75, 20-80, 20-85,
1220-110, 20-120, 20-155, 20-160, 25-15, 25-30, 25-35, 25-45,
1325-65, 30-35, 35-5, 35-10, 35-15, 35-20, 35-25, 35-30, 35-35,
1435-40, 40-15, 40-20, 40-25, 40-30, 40-35, 40-55, 45-10, 45-15,
1545-30, 45-35, 45-40, 45-45, 45-57, 45-67, 45-70, 50-1, 50-2,
1650-5, 50-10, 50-10.5, 50-11, 50-12, 50-20, 50-21, 50-30, 50-35,
1750-36, 50-37, 50-38, 50-40, 50-45, 50-60, 50-65, and 50-75 and
18by adding Sections 1-13.1, 1-15.38, 1-15.47, 1-15.56, 1-15.74,
1910-6, 15-36, 20-16, 20-51, 25-81, and 50-80 as follows:
 
20    (30 ILCS 500/1-5)
21    Sec. 1-5. Public policy. It is the purpose of this Code and
22is declared to be the policy of the State that the principles
23of competitive bidding and economical procurement practices
24shall be applicable to all purchases and contracts by or for

 

 

SB2400- 9 -LRB099 20210 MLM 44674 b

1any State agency. The chief procurement officer, the designated
2procurement officers, and their designees owe a fiduciary duty
3to the State.
4(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
5    (30 ILCS 500/1-10)
6    Sec. 1-10. Application.
7    (a) This Code applies only to procurements for which
8bidders, offerors, potential contractors, or contractors were
9first solicited on or after July 1, 1998. This Code shall not
10be construed to affect or impair any contract, or any provision
11of a contract, entered into based on a solicitation prior to
12the implementation date of this Code as described in Article
1399, including but not limited to any covenant entered into with
14respect to any revenue bonds or similar instruments. All
15procurements for which contracts are solicited between the
16effective date of Articles 50 and 99 and July 1, 1998 shall be
17substantially in accordance with this Code and its intent.
18    (b) This Code shall apply regardless of the source of the
19funds with which the contracts are paid, including federal
20assistance moneys. This Code shall not apply to:
21        (1) Contracts between the State and its political
22    subdivisions or other governments, or between State
23    governmental bodies except as specifically provided in
24    this Code.
25        (2) Grants, except for the filing requirements of

 

 

SB2400- 10 -LRB099 20210 MLM 44674 b

1    Section 20-80.
2        (3) Purchase of care.
3        (4) Hiring of an individual as employee and not as an
4    independent contractor, whether pursuant to an employment
5    code or policy or by contract directly with that
6    individual. For the purposes of this paragraph (4), an
7    individual may use an organization wholly owned by the
8    individual to contract with the State provided that the
9    organization functions as an employee and not an
10    independent contractor. No such contract under this item
11    (4) shall constitute a position of employment as
12    contemplated by the Personnel Code.
13        (5) Collective bargaining contracts.
14        (6) Purchase of real estate, except that notice of this
15    type of contract with a value of more than $25,000 must be
16    published in the Procurement Bulletin within 10 calendar
17    days after the deed is recorded in the county of
18    jurisdiction. The notice shall identify the real estate
19    purchased, the names of all parties to the contract, the
20    value of the contract, and the effective date of the
21    contract.
22        (7) Contracts necessary to prepare for anticipated
23    litigation, enforcement actions, or investigations,
24    provided that the chief legal counsel to the Governor shall
25    give his or her prior approval when the procuring agency is
26    one subject to the jurisdiction of the Governor, and

 

 

SB2400- 11 -LRB099 20210 MLM 44674 b

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

 

 

SB2400- 12 -LRB099 20210 MLM 44674 b

1    before December 31, 2018 by the Illinois Finance Authority
2    in which the State of Illinois is not obligated. Such
3    contracts shall be awarded through a competitive process
4    authorized by the Board of the Illinois Finance Authority
5    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
6    50-35, and 50-37 of this Code, as well as the final
7    approval by the Board of the Illinois Finance Authority of
8    the terms of the contract.
9        (13) Contracts for participation in domestic and
10    international trade shows and exhibitions.
11        (14) Contracts with a railroad or utility that requires
12    the State to reimburse the railroad or utilities for the
13    relocation of utilities for construction or other public
14    purpose. Contracts included within this paragraph (14)
15    shall include, but not be limited to, those associated
16    with: relocations, crossings, installations, and
17    maintenance. For the purposes of this paragraph (14),
18    "railroad" means any form of non-highway ground
19    transportation that ground transportation that runs on
20    rails or electromagnetic guideways and "utility" means:
21    (1) public utilities as defined in Section 3-105 of the
22    Public Utilities Act, (2) telecommunications carriers as
23    defined in Section 13-202 of the Public Utilities Act, (3)
24    electric cooperatives as defined in Section 3.4 of the
25    Electric Supplier Act, (4) telephone or telecommunications
26    cooperatives as defined in Section 13-212 of the Public

 

 

SB2400- 13 -LRB099 20210 MLM 44674 b

1    Utilities Act, (5) rural water or waste water systems with
2    10,000 connections or less, (6) a holder as defined in
3    Section 21-201 of the Public Utilities Act, and (7)
4    municipalities owning or operating utility systems
5    consisting of public utilities as that term is defined in
6    Section 11-117-2 of the Illinois Municipal Code.
7    Notwithstanding any other provision of law, contracts
8entered into under paragraph item (12) of this subsection (b)
9shall be published in the Procurement Bulletin within 14
10calendar days after contract execution. The chief procurement
11officer shall prescribe the form and content of the notice. The
12Illinois Finance Authority shall provide the chief procurement
13officer, on a monthly basis, in the form and content prescribed
14by the chief procurement officer, a report of contracts that
15are related to the procurement of goods and services identified
16in paragraph item (12) of this subsection (b). At a minimum,
17this report shall include the name of the contractor, a
18description of the supply or service provided, the total amount
19of the contract, the term of the contract, and the exception to
20the Code utilized. A copy of each of these contracts shall be
21made available to the chief procurement officer immediately
22upon request. The chief procurement officer shall submit a
23report to the Governor and General Assembly no later than
24November 1 of each year that shall include, at a minimum, an
25annual summary of the monthly information reported to the chief
26procurement officer.

 

 

SB2400- 14 -LRB099 20210 MLM 44674 b

1    Notwithstanding any other provision of law, contracts
2entered into under paragraph (13) of this subsection (b) shall
3be published in the Illinois Procurement Bulletin within 14
4calendar days after contract execution. The chief procurement
5officer shall prescribe the form and content of the notice. The
6applicable State agency shall provide the chief procurement
7officer or, if the procurement is under the authority of a
8designated procurement officer, the applicable designated
9procurement officer, on a monthly basis, in the form and
10content prescribed by the chief procurement officer, a report
11of the contracts that are related to the procurement of goods
12and services identified in paragraph (13) of this subsection
13(b). At a minimum, this report shall include the name of the
14contractor, a description of the supply or service provided,
15the total amount of the contract, the term of the contract, and
16the exception to the Code utilized. A copy of any or all of
17these contracts shall be made available to the chief
18procurement officer immediately upon request. The chief
19procurement officer shall submit a report to the Governor and
20General Assembly no later than November 1 of each year that
21shall include, at a minimum, an annual summary of the monthly
22information reported to the chief procurement officer.
23    (c) This Code does not apply to the electric power
24procurement process provided for under Section 1-75 of the
25Illinois Power Agency Act and Section 16-111.5 of the Public
26Utilities Act.

 

 

SB2400- 15 -LRB099 20210 MLM 44674 b

1    (d) Except for Section 20-160 and Article 50 of this Code,
2and as expressly required by Section 9.1 of the Illinois
3Lottery Law, the provisions of this Code do not apply to the
4procurement process provided for under Section 9.1 of the
5Illinois Lottery Law.
6    (e) This Code does not apply to the process used by the
7Capital Development Board to retain a person or entity to
8assist the Capital Development Board with its duties related to
9the determination of costs of a clean coal SNG brownfield
10facility, as defined by Section 1-10 of the Illinois Power
11Agency Act, as required in subsection (h-3) of Section 9-220 of
12the Public Utilities Act, including calculating the range of
13capital costs, the range of operating and maintenance costs, or
14the sequestration costs or monitoring the construction of clean
15coal SNG brownfield facility for the full duration of
16construction.
17    (f) This Code does not apply to the process used by the
18Illinois Power Agency to retain a mediator to mediate sourcing
19agreement disputes between gas utilities and the clean coal SNG
20brownfield facility, as defined in Section 1-10 of the Illinois
21Power Agency Act, as required under subsection (h-1) of Section
229-220 of the Public Utilities Act.
23    (g) This Code does not apply to the processes used by the
24Illinois Power Agency to retain a mediator to mediate contract
25disputes between gas utilities and the clean coal SNG facility
26and to retain an expert to assist in the review of contracts

 

 

SB2400- 16 -LRB099 20210 MLM 44674 b

1under subsection (h) of Section 9-220 of the Public Utilities
2Act. This Code does not apply to the process used by the
3Illinois Commerce Commission to retain an expert to assist in
4determining the actual incurred costs of the clean coal SNG
5facility and the reasonableness of those costs as required
6under subsection (h) of Section 9-220 of the Public Utilities
7Act.
8    (h) This Code does not apply to the process to procure or
9contracts entered into in accordance with Sections 11-5.2 and
1011-5.3 of the Illinois Public Aid Code.
11    (i) (Blank). Each chief procurement officer may access
12records necessary to review whether a contract, purchase, or
13other expenditure is or is not subject to the provisions of
14this Code, unless such records would be subject to
15attorney-client privilege.
16    (j) This Code does not apply to the process used by the
17Capital Development Board to retain an artist or work or works
18of art as required in Section 14 of the Capital Development
19Board Act.
20    (k) This Code does not apply to the process to procure
21contracts, or contracts entered into, by the State Board of
22Elections or the State Electoral Board for hearing officers
23appointed pursuant to the Election Code.
24    (l) This Code does not apply to the processes used by the
25Illinois Student Assistance Commission to procure goods and
26services paid for from the private funds of the Illinois

 

 

SB2400- 17 -LRB099 20210 MLM 44674 b

1Prepaid Tuition Trust Fund. "Private funds" means funds derived
2from deposits paid into the Illinois Prepaid Tuition Trust Fund
3and the earnings thereon.
4(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
5eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
697-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
798-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
81-1-15.)
 
9    (30 ILCS 500/1-12)
10    (Section scheduled to be repealed on December 31, 2016)
11    Sec. 1-12. Applicability to artistic or musical services.
12    (a) This Code shall not apply to procurement expenditures
13necessary to provide artistic or musical services,
14performances, or theatrical productions held at a venue
15operated or leased by a State agency.
16    (b) Notice of each contract entered into by a State agency
17that is related to the procurement of goods and services
18identified in this Section shall be published in the applicable
19volume of the Illinois Procurement Bulletin within 14 calendar
20days after contract execution. The chief procurement officer
21and each designated procurement officer shall prescribe the
22form and content of the notice applicable to procurements
23within their respective authorities. Each State agency shall
24provide the chief procurement officer or designated
25procurement officer, whichever is applicable, on a monthly

 

 

SB2400- 18 -LRB099 20210 MLM 44674 b

1basis, in the form and content prescribed by the chief
2procurement officer or designated procurement officer,
3whichever is applicable, a report of contracts that are related
4to the procurement of supplies goods and services identified in
5this Section. At a minimum, this report shall include the name
6of the contractor, a description of the supply or service
7provided, the total amount of the contract, the term of the
8contract, and the exception to the Code utilized. A copy of any
9or all of these contracts shall be made available to the chief
10procurement officer or designated procurement officer,
11whichever is applicable, immediately upon request. The chief
12procurement officer and designated procurement officers shall
13submit a joint report to the Governor and General Assembly no
14later than November 1 of each year that shall include, at a
15minimum, an annual summary of the monthly information reported
16to the chief procurement officer.
17    (c) (Blank). This Section is repealed December 31, 2016.
18(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
19    (30 ILCS 500/1-13)
20    (Section scheduled to be repealed on December 31, 2016)
21    Sec. 1-13. Applicability to public institutions of higher
22education.
23    (a) This Code shall apply to public institutions of higher
24education, regardless of the source of the funds with which
25contracts are paid, except as provided in this Section.

 

 

SB2400- 19 -LRB099 20210 MLM 44674 b

1    (b) Except as provided in this Section, this Code shall not
2apply to procurements made by or on behalf of public
3institutions of higher education for any of the following:
4        (1) Memberships in professional, academic, research,
5    or athletic organizations on behalf of a public institution
6    of higher education, an employee of a public institution of
7    higher education, or a student at a public institution of
8    higher education.
9        (2) Procurement expenditures for events or activities
10    paid for exclusively by revenues generated by the event or
11    activity, gifts or donations for the event or activity,
12    private grants, or any combination thereof.
13        (3) Procurement expenditures for events or activities
14    for which the use of specific potential contractors is
15    mandated or identified by the sponsor of the event or
16    activity, provided that the sponsor is providing a majority
17    of the funding for the event or activity.
18        (4) Procurement expenditures necessary to provide
19    athletic, artistic, or musical services, performances,
20    events, or productions held at a venue operated by or for a
21    public institution of higher education.
22        (5) Procurement expenditures for periodicals, and
23    books, subscriptions, database licenses, and other
24    publications procured for use by a university library or
25    academic department, except for expenditures related to
26    procuring textbooks for student use or materials for resale

 

 

SB2400- 20 -LRB099 20210 MLM 44674 b

1    or rental.
2        (6) Procurement expenditures for placement of students
3    in externships, practicums, field experiences, and for
4    medical residencies and rotations.
5        (7) Blank. Contracts for programming and broadcast
6    license rights for university-operated radio and
7    television stations.
8        (8) Procurement expenditures necessary to perform
9    sponsored research and other sponsored activities under
10    grants and contracts funded by the sponsor or by sources
11    other than State appropriations.
12        (9) Procurement expenditures for new and used
13    textbooks offered for resale.
14        (10) Procurement expenditures for good and services
15    provided by national and regional higher education
16    consortium groups pursuant to competitive solicitation
17    where fair pricing is determined.
18        (11) Contracts with a foreign entity for research or
19    educational activities, provided that the foreign entity
20    either does not maintain an office in the United States or
21    is the sole source of the service or product.
22        (12) Procurement expenditures for health care
23    professionals and for goods and services for the delivery
24    of care and treatment or education at medical, dental, or
25    veterinary teaching facilities utilized by the University
26    of Illinois or Southern Illinois University.

 

 

SB2400- 21 -LRB099 20210 MLM 44674 b

1        (13) Procurement of goods and services for
2    university-operated health care centers and dispensaries
3    that provide care, treatment, and medications for
4    students, faculty, and staff.
5        (14) Procurement expenditures for student health
6    insurance programs.
7        (15) Procurement of medical or bio-medical goods and
8    services.
9        (16) Contracts for programming and broadcast license
10    rights for university-operated radio and television
11    stations.
12        (17) Procurement expenditures for used equipment.
13        (18) Procurement of food items for commercial resale.
14        (19) Procurement expenditures for investments,
15    banking, insurance, and debt underwriting.
16Notice of each contract entered into by a public institution of
17higher education that is related to the procurement of goods
18and services identified in items (1) through (19) (7) of this
19subsection shall be published in the appropriate volume of the
20Illinois Procurement Bulletin within 14 calendar days after
21contract execution. The higher education designated
22procurement officer Chief Procurement Officer shall prescribe
23the form and content of the notice. Each public institution of
24higher education shall provide the higher education designated
25procurement officer Chief Procurement Officer, on a monthly
26basis, in the form and content prescribed by the higher

 

 

SB2400- 22 -LRB099 20210 MLM 44674 b

1education designated procurement officer Chief Procurement
2Officer, an annual a report of contracts that are related to
3the procurement of goods and services identified in this
4subsection. At a minimum, this report shall include the name of
5the contractor, a description of the supply or service
6provided, the total amount of the contract, the term of the
7contract, and the exception to the Code utilized. A copy of any
8or all of these contracts shall be made available to the higher
9education designated procurement officer Chief Procurement
10Officer immediately upon request. The higher education
11designated procurement officer Chief Procurement Officer shall
12submit a report to the Governor and General Assembly no later
13than November 1 of each year that shall include, at a minimum,
14an annual summary of the monthly information reported to the
15Chief Procurement Officer.
16    (b-5) (Blank). Except as provided in this subsection, the
17provisions of this Code shall not apply to contracts for
18FDA-regulated supplies, and to contracts for medical services
19necessary for the delivery of care and treatment at medical,
20dental, or veterinary teaching facilities utilized by Southern
21Illinois University or the University of Illinois. Other
22supplies and services needed for these teaching facilities
23shall be subject to the jurisdiction of the Chief Procurement
24Officer for Public Institutions of Higher Education who may
25establish expedited procurement procedures and may waive or
26modify certification, contract, hearing, process and

 

 

SB2400- 23 -LRB099 20210 MLM 44674 b

1registration requirements required by the Code. All
2procurements made under this subsection shall be documented and
3may require publication in the Illinois Procurement Bulletin.
4    (c) (Blank). Procurements made by or on behalf of public
5institutions of higher education for any of the following shall
6be made in accordance with the requirements of this Code to the
7extent practical as provided in this subsection:
8        (1) Contracts with a foreign entity necessary for
9    research or educational activities, provided that the
10    foreign entity either does not maintain an office in the
11    United States or is the sole source of the service or
12    product.
13        (2) (Blank).
14        (3) (Blank).
15        (4) Procurements required for fulfillment of a grant.
16    Upon the written request of a public institution of higher
17education, the Chief Procurement Officer may waive
18registration, certification, and hearing requirements of this
19Code if, based on the item to be procured or the terms of a
20grant, compliance is impractical. The public institution of
21higher education shall provide the Chief Procurement Officer
22with specific reasons for the waiver, including the necessity
23of contracting with a particular potential contractor, and
24shall certify that an effort was made in good faith to comply
25with the provisions of this Code. The Chief Procurement Officer
26shall provide written justification for any waivers. By

 

 

SB2400- 24 -LRB099 20210 MLM 44674 b

1November 1 of each year, the Chief Procurement Officer shall
2file a report with the General Assembly identifying each
3contract approved with waivers and providing the justification
4given for any waivers for each of those contracts. Notice of
5each waiver made under this subsection shall be published in
6the Procurement Bulletin within 14 calendar days after contract
7execution. The Chief Procurement Officer shall prescribe the
8form and content of the notice.
9    (d) Notwithstanding this Section, a waiver of the
10registration requirements of Section 20-160 does not permit a
11business entity and any affiliated entities or affiliated
12persons to make campaign contributions if otherwise prohibited
13by Section 50-37. The total amount of contracts awarded in
14accordance with this Section shall be included in determining
15the aggregate amount of contracts or pending bids of a business
16entity and any affiliated entities or affiliated persons.
17    (e) Notwithstanding subsection (e) of Section 50-10.5 of
18this Code, the higher education designated procurement officer
19Chief Procurement Officer, with the approval of the chief
20procurement officer Executive Ethics Commission, may permit a
21public institution of higher education to accept a bid or enter
22into a contract with a business that assisted the public
23institution of higher education in determining whether there is
24a need for a contract or assisted in reviewing, drafting, or
25preparing documents related to a bid or contract, provided that
26the bid or contract is essential to research administered by

 

 

SB2400- 25 -LRB099 20210 MLM 44674 b

1the public institution of higher education and it is in the
2best interest of the public institution of higher education to
3accept the bid or contract. For purposes of this subsection,
4"business" includes all individuals with whom a business is
5affiliated, including, but not limited to, any officer, agent,
6employee, consultant, independent contractor, director,
7partner, manager, or shareholder of a business. The Executive
8Ethics Commission may promulgate rules and regulations for the
9implementation and administration of the provisions of this
10subsection (e).
11    (f) As used in this Section:
12    "Grant" means non-appropriated funding provided by a
13federal or private entity to support a project or program
14administered by a public institution of higher education and
15any non-appropriated funding provided to a sub-recipient of the
16grant.
17    "Public institution of higher education" means Chicago
18State University, Eastern Illinois University, Governors State
19University, Illinois State University, Northeastern Illinois
20University, Northern Illinois University, Southern Illinois
21University, University of Illinois, Western Illinois
22University, and, for purposes of this Code only, the Illinois
23Mathematics and Science Academy.
24    (g) (Blank). This Section is repealed on December 31, 2016.
25(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
2698-1076, eff. 1-1-15.)
 

 

 

SB2400- 26 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/1-13.1 new)
2    Sec. 1-13.1. Continuation of Section 1-13 of this Code;
3validation.
4    (a) The General Assembly finds and declares that:
5        (1) Public Act 98-1076, which took effect on January 1,
6    2015, changed the repeal date set for Section 1-13 of this
7    Code from December 31, 2014 to December 31, 2016.
8        (2) The Statute on Statutes sets forth general rules on
9    the repeal of statutes and the construction of multiple
10    amendments, but Section 1 of that Act also states that
11    these rules will not be observed when the result would be
12    "inconsistent with the manifest intent of the General
13    Assembly or repugnant to the context of the statute".
14        (3) This amendatory Act of the 99th General Assembly
15    manifests the intention of the General Assembly to remove
16    the repeal of Section 1-13 of this Code.
17        (4) Section 1-13 of this Code was originally enacted to
18    protect, promote, and preserve the general welfare. Any
19    construction of Section 1-13 of this Code that results in
20    the repeal of that Section on December 31, 2014 would be
21    inconsistent with the manifest intent of the General
22    Assembly and repugnant to the context of this Code.
23    (b) It is hereby declared to have been the intent of the
24General Assembly that Section 1-13 of this Code not be subject
25to repeal on December 31, 2014.

 

 

SB2400- 27 -LRB099 20210 MLM 44674 b

1    (c) Section 1-13 of this Code shall be deemed to have been
2in continuous effect since December 20, 2011 (the effective
3date of Public Act 97-643), and it shall continue to be in
4effect henceforward until it is otherwise lawfully repealed.
5All previously enacted amendments to Section 1-13 of this Code
6taking effect on or after December 31, 2014, are hereby
7validated.
8    (d) All actions taken in reliance on or pursuant to Section
91-13 of this Code by any public institution of higher
10education, person, or entity are hereby validated.
11    (e) In order to ensure the continuing effectiveness of
12Section 1-13 of this Code, it is set forth in full and
13re-enacted by this amendatory Act of the 99th General Assembly.
14This re-enactment is intended as a continuation of that
15Section. It is not intended to supersede any amendment to that
16Section that is enacted by the 99th General Assembly.
17    (f) In this amendatory Act of the 99th General Assembly,
18the base text of the reenacted Section is set forth as amended
19by Public Act 98-1076. Striking and underscoring is used only
20to show changes being made to the base text by this amendatory
21Act of the 99th General Assembly.
22    (g) Section 1-13 of this Code applies to all procurements
23made on or before the effective date of this amendatory Act of
24the 99th General Assembly.
 
25    (30 ILCS 500/1-15.12)

 

 

SB2400- 28 -LRB099 20210 MLM 44674 b

1    Sec. 1-15.12. Change order. "Change order" means a change
2in a contract term, other than as specifically provided for in
3the contract, that requires which authorizes or necessitates
4any increase or decrease in the cost of the contract or the
5time for completion of the contract for procurements subject to
6the jurisdiction of the chief procurement officers appointed
7pursuant to Section 10-20.
8(Source: P.A. 98-1076, eff. 1-1-15.)
 
9    (30 ILCS 500/1-15.15)
10    Sec. 1-15.15. Chief Procurement Officer. "Chief
11Procurement Officer" means the Director of Central Management
12Services or his or her designee or designees. any of the 4
13persons appointed or approved by a majority of the members of
14the Executive Ethics Commission:
15        (1) for procurements for construction and
16    construction-related services committed by law to the
17    jurisdiction or responsibility of the Capital Development
18    Board, the independent chief procurement officer appointed
19    by a majority of the members of the Executive Ethics
20    Commission.
21        (2) for procurements for all construction,
22    construction-related services, operation of any facility,
23    and the provision of any construction or
24    construction-related service or activity committed by law
25    to the jurisdiction or responsibility of the Illinois

 

 

SB2400- 29 -LRB099 20210 MLM 44674 b

1    Department of Transportation, including the direct or
2    reimbursable expenditure of all federal funds for which the
3    Department of Transportation is responsible or accountable
4    for the use thereof in accordance with federal law,
5    regulation, or procedure, the independent chief
6    procurement officer appointed by the Secretary of
7    Transportation with the consent of the majority of the
8    members of the Executive Ethics Commission.
9        (3) for all procurements made by a public institution
10    of higher education, the independent chief procurement
11    officer appointed by a majority of the members of the
12    Executive Ethics Commission.
13        (4) (Blank).
14        (5) for all other procurements, the independent chief
15    procurement officer appointed by a majority of the members
16    of the Executive Ethics Commission.
17(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
18Section 5 of P.A. 96-793 for the effective date of changes made
19by P.A. 96-795); 96-920, eff. 7-1-10.)
 
20    (30 ILCS 500/1-15.20)
21    Sec. 1-15.20. Construction, and construction-related, and
22construction support services. "Construction" means building,
23altering, repairing, improving, or demolishing any public
24structure or building, or making improvements of any kind to
25public real property. Construction does not include the routine

 

 

SB2400- 30 -LRB099 20210 MLM 44674 b

1operation, routine repair, or routine maintenance of existing
2structures, buildings, or real property.
3    "Construction-related services" means those services
4including construction design, layout, inspection, support,
5feasibility or location study, research, development,
6planning, or other investigative study undertaken by a
7construction agency concerning construction or potential
8construction.
9    "Construction support" means all equipment, supplies, and
10services that are necessary to the operation of a construction
11agency's construction program.
12(Source: P.A. 90-572, eff. 2-6-98.)
 
13    (30 ILCS 500/1-15.38 new)
14    Sec. 1-15.38. Designated procurement officer. "Designated
15procurement officer" means those individuals or their
16designees that have been delegated procurement authority
17pursuant to subsection (b) of Section 10-5 of this Code.
 
18    (30 ILCS 500/1-15.47 new)
19    Sec. 1-15.47. Master Contract. "Master contract" means a
20definite quantity, indefinite quantity, or requirements
21contract awarded in accordance with Sections 20-10, 20-15,
2220-16, 20-20, 20-25, 20-30, 20-35, 30-15, 35-17, 45-30, or
2345-35 of this Code against which subsequent orders may be
24placed to meet the needs of entities, including, but not

 

 

SB2400- 31 -LRB099 20210 MLM 44674 b

1limited to, the purchasing agency. The subsequent orders may be
2placed against a master contract without additional source
3selection requirements. The terms of a master contract may
4limit the master contract's usage to a specific agency or
5agencies, or the terms of a master contract may allow the
6master contract to be used by other governmental units or
7qualified not-for-profit agencies to the extent permitted by
8the Governmental Joint Purchasing Act.
 
9    (30 ILCS 500/1-15.56 new)
10    Sec. 1-15.56. Procurement. "Procurement" means, unless
11otherwise excluded, the solicitation, advertisement, and award
12of a contract. For the purposes of this Code, an order for
13supplies or services off of a master contract is not a
14procurement.
 
15    (30 ILCS 500/1-15.70)
16    Sec. 1-15.70. Purchasing agency. "Purchasing agency" means
17a State agency that is authorized to enter into a contract (1)
18pursuant to this Code or its rules or (2) by delegation from
19the chief procurement officer or a designated procurement
20officer enters into a contract at the direction of a State
21purchasing officer authorized by a chief procurement officer or
22a chief procurement officer.
23(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24for the effective date of changes made by P.A. 96-795).)
 

 

 

SB2400- 32 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/1-15.74 new)
2    Sec. 1-15.74. Request for qualifications. "Request for
3qualifications" means the process by which a purchasing agency
4requests information from offerors, including all documents,
5whether attached or incorporated by reference, used for
6soliciting qualifications.
 
7    (30 ILCS 500/1-15.107)
8    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
9between a subcontractor person and a contractor person who has
10a contract subject to this Code, pursuant to which the
11subcontractor assumes obligation for performing specific work
12under the contract provides to the contractor, or, if the
13contract price exceeds $50,000, another subcontractor, some or
14all of the goods, services, real property, remuneration, or
15other monetary forms of consideration that are the subject of
16the primary contract and also includes, among other things,
17subleases from a lessee of a State agency. For purposes of this
18Code, a "subcontract" does not include purchases of services
19goods or supplies that are necessary for incidental to the
20performance of a contract by a contractor person who has a
21contract subject to this Code.
22(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
23    (30 ILCS 500/1-15.108)

 

 

SB2400- 33 -LRB099 20210 MLM 44674 b

1    Sec. 1-15.108. Subcontractor. "Subcontractor" means a
2person or entity that enters into a contractual agreement with
3a total value of $50,000 or more with a contractor person or
4entity who has a contract subject to this Code pursuant to
5which the person assumes obligation for performing specific
6work under the contract or entity provides some or all of the
7goods, services, real property, remuneration, or other
8monetary forms of consideration that are the subject of the
9primary State contract, and also includes, but is not limited
10to, including subleases from a lessee of a State contract. For
11purposes of this Code, a person or entity is not a
12"subcontractor" if that person only provides services goods or
13supplies necessary for that are incidental to the performance
14of a contract by a contractor person who has a contract subject
15to this Code.
16(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
17    (30 ILCS 500/5-5)
18    Sec. 5-5. Procurement Policy Board.
19    (a) Creation. There is created a Procurement Policy Board,
20an agency of the State of Illinois.
21    (b) Authority and duties. The Board shall have the
22authority and responsibility to review, comment upon, and
23recommend, consistent with this Code, rules and practices
24governing the procurement, management, control, and disposal
25of supplies, services, professional or artistic services,

 

 

SB2400- 34 -LRB099 20210 MLM 44674 b

1construction, and real property and capital improvement leases
2procured by the State. The Board shall also have the authority
3to recommend a program for professional development and provide
4opportunities for training in procurement practices and
5policies to the chief procurement officer, the designated
6procurement officers, and their staffs in order to ensure that
7all procurement is conducted in an efficient, professional, and
8appropriately transparent manner.
9    Upon a three-fifths vote of its members, the Board may
10review an existing a contract. Upon a three-fifths vote of its
11members, the Board may recommend propose procurement rules for
12consideration by the chief procurement officer and designated
13procurement officers. These proposals shall be published in
14each volume of the Procurement Bulletin. Except as otherwise
15provided by law, the Board shall act upon the vote of a
16majority of its members who have been appointed and are
17serving.
18    (b-5) Reviews, studies, and hearings. The Board may review,
19study, and hold public hearings concerning the implementation
20and administration of this Code. The Each chief procurement
21officer, designated procurement officers State purchasing
22officer, procurement compliance monitor, and State agencies
23agency shall cooperate with the Board, provide information to
24the Board, and be responsive to the Board in the Board's
25conduct of its reviews, studies, and hearings.
26    (c) Members. The Board shall consist of 5 members appointed

 

 

SB2400- 35 -LRB099 20210 MLM 44674 b

1one each by the 4 legislative leaders and the Governor. Each
2member shall have demonstrated sufficient business or
3professional experience in the area of procurement to perform
4the functions of the Board. No member may be a member of the
5General Assembly.
6    (d) Terms. Of the initial appointees, the Governor shall
7designate one member, as Chairman, to serve a one-year term,
8the President of the Senate and the Speaker of the House shall
9each appoint one member to serve 3-year terms, and the Minority
10Leader of the House and the Minority Leader of the Senate shall
11each appoint one member to serve 2-year terms. Subsequent terms
12shall be 4 years. Members may be reappointed for succeeding
13terms.
14    (e) Reimbursement. Members shall receive no compensation
15but shall be reimbursed for any expenses reasonably incurred in
16the performance of their duties.
17    (f) Staff support. Upon a three-fifths vote of its members,
18the Board may employ an executive director. Subject to
19appropriation, the Board also may employ a reasonable and
20necessary number of staff persons.
21    (g) Meetings. Meetings of the Board may be conducted
22telephonically, electronically, or through the use of other
23telecommunications. Written minutes of such meetings shall be
24created and available for public inspection and copying.
25    (h) (Blank). Procurement recommendations. Upon a
26three-fifths vote of its members, the Board may review a

 

 

SB2400- 36 -LRB099 20210 MLM 44674 b

1proposal, bid, or contract and issue a recommendation to void a
2contract or reject a proposal or bid based on any violation of
3this Code or the existence of a conflict of interest as
4described in subsections (b) and (d) of Section 50-35. A chief
5procurement officer or State purchasing officer shall notify
6the Board if an alleged conflict of interest or violation of
7the Code is identified, discovered, or reasonably suspected to
8exist. Any person or entity may notify the Board of an alleged
9conflict of interest or violation of the Code. A recommendation
10of the Board shall be delivered to the appropriate chief
11procurement officer and Executive Ethics Commission within 7
12calendar days and must be published in the next volume of the
13Procurement Bulletin. In the event that an alleged conflict of
14interest or violation of the Code that was not originally
15disclosed with the bid, offer, or proposal is identified and
16filed with the Board, the Board shall provide written notice of
17the alleged conflict of interest or violation to the bidder,
18offeror, potential contractor, contractor, or subcontractor on
19that contract. If the alleged conflict of interest or violation
20is by the subcontractor, written notice shall also be provided
21to the bidder, offeror, potential contractor, or contractor.
22The bidder, offeror, potential contractor, contractor, or
23subcontractor shall have 15 calendar days to provide a written
24response to the notice, and a hearing before the Board on the
25alleged conflict of interest or violation shall be held upon
26request by the bidder, offeror, potential contractor,

 

 

SB2400- 37 -LRB099 20210 MLM 44674 b

1contractor, or subcontractor. The requested hearing date and
2time shall be determined by the Board, but in no event shall
3the hearing occur later than 15 calendar days after the date of
4the request.
5    (i) (Blank). After providing notice and a hearing as
6required by subsection (h), the Board shall refer any alleged
7violations of this Code to the Executive Inspector General in
8addition to or instead of issuing a recommendation to void a
9contract.
10    (j) Response. Each State agency must respond promptly in
11writing to all inquiries and comments of the Procurement Policy
12Board.
13(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
14    (30 ILCS 500/10-5)
15    Sec. 10-5. Exercise of procurement authority.
16    (a) The chief procurement officer or his or her designees
17shall exercise all procurement authority created by this Code
18except as such authority is delegated either in this Code or by
19the chief procurement officer or his or her designees to a
20purchasing agency. The State purchasing officers appointed
21under this Code shall exercise procurement authority at the
22direction of their respective chief procurement officer.
23Decisions of a State purchasing officer are subject to review
24by the respective chief procurement officer.
25    (b) Procurement authority is delegated as follows:

 

 

SB2400- 38 -LRB099 20210 MLM 44674 b

1        (1) the Executive Director of the Capital Development
2    Board or his or her designee is the designated procurement
3    officer with authority for all procurements for
4    construction, construction-related services, and
5    construction support committed by law to the jurisdiction
6    or responsibility of the Capital Development Board.
7        (2) the Secretary of Transportation or his or her
8    designee is the designated procurement officer with
9    authority for all procurements for all construction,
10    construction-related services, construction support,
11    operation of any facility, and the provision of any
12    construction or construction-related service or activity
13    committed by law to the jurisdiction or responsibility of
14    the Department of Transportation, including the direct or
15    reimbursable expenditure of all federal funds for which the
16    Department of Transportation is responsible or accountable
17    for the use thereof in accordance with federal law,
18    regulation, or procedures.
19        (3) a representative designated by the Board of Higher
20    Education is the designated procurement officer for all
21    procurements made by public institutions of higher
22    education.
23        (4) the Chairman of the Illinois State Toll Highway
24    Authority or his or her designee is the designated
25    procurement officer with authority for all procurements
26    for all construction, construction-related services,

 

 

SB2400- 39 -LRB099 20210 MLM 44674 b

1    construction support, operation of any facility, and the
2    provision of any construction or construction-related
3    service or activity committed by law to the jurisdiction or
4    responsibility of the Illinois State Toll Highway
5    Authority.
6    (c) The chief procurement officer may limit the authority
7given under subsection (b) of this Section to procure general
8services supplies and services and construction support by
9administrative rulemaking in accordance with the Illinois
10Administrative Procedure Act.
11    (d) In addition to any other requirement or qualification
12required by State law, the chief procurement officer or his or
13her designee and each designated procurement officer or their
14designees must within 12 months of employment be a Certified
15Professional Public Buyer or a Certified Public Purchasing
16Officer, pursuant to certification by the Universal Public
17Purchasing Certification Council, and must reside in Illinois.
18(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
19for the effective date of changes made by P.A. 96-795).)
 
20    (30 ILCS 500/10-6 new)
21    Sec. 10-6. Rulemaking authority; agency policy.
22    (a) Rulemaking. The chief procurement officer and the
23designated procurement officers shall form a rulemaking
24committee that is chaired by the chief procurement officer. The
25rulemaking committee shall develop and adopt a single set of

 

 

SB2400- 40 -LRB099 20210 MLM 44674 b

1joint rules to carry out the procurement authority set forth in
2this Code. The uniform set of rules may contain one or more
3subparts for various topics, including construction and
4construction-related services. The rulemaking authority
5mentioned in specific sections of this Code shall not be
6construed as prohibiting or limiting rulemaking authority of
7the chief procurement officer and designated procurement
8officers on other procurement topics within their authority
9under this Code.
10    The joint rules shall be adopted in accordance with the
11Illinois Administrative Procedure Act. Contractual provisions,
12specifications, and procurement descriptions are not rules and
13are not subject to the Illinois Administrative Procedure Act.
14    (b) Policy. The chief procurement officer and designated
15procurement officers shall promptly notify the Procurement
16Policy Board in writing of any proposed new procurement rule or
17policy or any proposed change in an existing procurement rule
18or policy.
 
19    (30 ILCS 500/15-1)
20    Sec. 15-1. Publisher. The Each chief procurement officer
21and each designated procurement officer, in consultation with
22the agencies under his or her jurisdiction, possesses the
23rights to and is the authority responsible for maintaining and
24publishing its own separate volume of the Illinois Procurement
25Bulletin. The chief procurement officer and each designated

 

 

SB2400- 41 -LRB099 20210 MLM 44674 b

1procurement officer will provide a description of the agency or
2types of procurement in the title of the separate volumes of
3the Illinois Procurement Bulletin.
4    Each volume of the Illinois Procurement Bulletin shall be
5available electronically and may be available in print.
6References in this Code to the publication and distribution of
7the Illinois Procurement Bulletin include both its print and
8electronic formats.
9(Source: P.A. 97-895, eff. 8-3-12.)
 
10    (30 ILCS 500/15-20)
11    Sec. 15-20. Qualified bidders or offerors. Subscription to
12any volume of the Illinois Procurement Bulletin shall not be
13required to qualify as a bidder or offeror under this Code.
14(Source: P.A. 98-1076, eff. 1-1-15.)
 
15    (30 ILCS 500/15-25)
16    Sec. 15-25. Bulletin content.
17    (a) Invitations for bids. Notice of each and every contract
18that is offered, including renegotiated contracts and change
19orders, shall be published in the applicable volume of the
20Illinois Procurement Bulletin. All businesses listed on the
21Department of Transportation Disadvantaged Business Enterprise
22Directory, the Department of Central Management Services
23Business Enterprise Program, and the Chief Procurement
24Office's Small Business Vendors Directory shall be furnished

 

 

SB2400- 42 -LRB099 20210 MLM 44674 b

1written instructions and information on how to register on each
2Procurement Bulletin maintained by the State. Such information
3shall be provided to each business within 30 calendar days
4after the business' notice of certification. The applicable
5chief procurement officer or applicable designated procurement
6officer may provide by rule an organized format for the
7publication of this information, but in any case it must
8include at least the date first offered, the date submission of
9offers is due, the location that offers are to be submitted to,
10the purchasing State agency, the e-mail address and telephone
11number of the responsible State procurement contact purchasing
12officer, a brief purchase description, the method of source
13selection, information of how to obtain a comprehensive
14purchase description and any disclosure and contract forms, and
15may include encouragement to potential contractors to hire
16qualified veterans, as defined by Section 45-67 of this Code,
17and qualified Illinois minorities, women, persons with
18disabilities, and residents discharged from any Illinois adult
19correctional center.
20    (a-5) All businesses listed on the Illinois Unified
21Certification Program Disadvantaged Business Enterprise
22Directory, the Business Enterprise Program of the Department of
23Central Management Services, and the Small Business Vendors
24Directory of the Department of Central Management Services
25shall be furnished written instructions and information on how
26to register for each volume of the Illinois Procurement

 

 

SB2400- 43 -LRB099 20210 MLM 44674 b

1Bulletin. Such information shall be provided to each business
2within 30 calendar days after the business's notice of
3certification.
4    (b) Contracts let. Notice of each and every contract that
5is let, including renegotiated contracts and change orders,
6shall be posted issued electronically to those bidders
7submitting responses to the solicitations, inclusive of the
8unsuccessful bidders, immediately upon contract let. Failure
9of any chief procurement officer to give such notice shall
10result in tolling the time for filing a bid protest up to 7
11calendar days.
12    For purposes of this subsection (b), "contracts let" means
13a construction agency's act of posting advertising an
14invitation for bids, after the bid opening, for one or more
15construction projects.
16    (b-5) Contracts awarded. Notice of each and every contract
17that is awarded, including renegotiated contracts and change
18orders, shall be issued electronically to the successful
19responsible bidder, offeror, or contractor and published in the
20next available subsequent Bulletin. The applicable chief
21procurement officer or applicable designated procurement
22officer may provide by rule an organized format for the
23publication of this information, but in any case it must
24include at least all of the information specified in subsection
25(a) as well as the name of the successful responsible bidder,
26offeror, or contractor, and the contract price, or, for

 

 

SB2400- 44 -LRB099 20210 MLM 44674 b

1contracts where a group of offerors is qualified as part of a
2pre-qualified pool in accordance with Article 35 of this Code,
3an upper limit value shall be published for the entire
4pre-qualified pool along with unit or hourly pricing for each
5individual offeror, the number of unsuccessful bidders, or
6offerors, or contractors and any other disclosure specified in
7any Section of this Code. This notice must be posted in the
8online electronic Bulletin prior to execution of the contract.
9    For purposes of this subsection (b-5), "contract award"
10means the determination that a particular bidder or offeror has
11been selected from among other bidders or offerors to receive a
12contract, subject to the successful completion of final
13negotiations. "Contract award" is evidenced by the posting of a
14Notice of Award or a Notice of Intent to Award to the
15applicable respective volume of the Illinois Procurement
16Bulletin.
17    (c) Emergency purchase disclosure. The Any chief
18procurement officer or, if the procurement is under the
19authority of a designated procurement officer, the applicable
20designated procurement officer or State purchasing officer
21exercising emergency purchase authority under this Code shall
22publish a written description and reasons and the total cost,
23if known, or an estimate if unknown and the name of the
24responsible chief procurement officer or designated
25procurement officer, whichever is applicable and State
26purchasing officer, and the business or person contracted with

 

 

SB2400- 45 -LRB099 20210 MLM 44674 b

1for all emergency purchases in the applicable volume of the
2Illinois Procurement next timely, practicable Bulletin. This
3notice must be posted in the online electronic Bulletin no
4later than 5 calendar days after the contract is awarded.
5Notice of a hearing to extend an emergency contract must be
6posted in the applicable volume of the online electronic
7Procurement Bulletin no later than 14 calendar days prior to
8the hearing.
9    (c-5) Business Enterprise Program report. Each purchasing
10agency shall, with the assistance of the applicable chief
11procurement officer or, if applicable, the designated
12procurement officer, post in the online electronic Bulletin a
13copy of its annual report of utilization of businesses owned by
14minorities, females, and persons with disabilities as
15submitted to the Business Enterprise Council for Minorities,
16Females, and Persons with Disabilities pursuant to Section 6(c)
17of the Business Enterprise for Minorities, Females, and Persons
18with Disabilities Act within 10 calendar days after its
19submission of its report to the Council.
20    (c-10) Renewals. Notice of each contract renewal shall be
21posted in the applicable volume of the online electronic
22Bulletin within 14 calendar days of the determination to renew
23the contract and the next available subsequent Bulletin. The
24notice shall include at least all of the information required
25in subsection (a) (b).
26    (c-15) Sole source procurements. Before entering into a

 

 

SB2400- 46 -LRB099 20210 MLM 44674 b

1sole source contract, the a chief procurement officer or, if
2the procurement is under the authority of a designated
3procurement officer, the applicable designated procurement
4officer exercising sole source procurement authority under
5this Code shall publish a written description of intent to
6enter into a sole source contract along with a description of
7the item to be procured and the intended sole source
8contractor. This notice must be posted in the applicable volume
9of the Illinois online electronic Procurement Bulletin before a
10sole source contract is awarded and at least 14 calendar days
11before the hearing if required by Section 20-25.
12    (d) Other required disclosure. The applicable chief
13procurement officer or, if applicable, designated procurement
14officer shall provide by rule for the organized publication of
15all other disclosure required in other Sections of this Code in
16a timely manner.
17    (e) The changes to subsections (b), (c), (c-5), (c-10), and
18(c-15) of this Section made by this amendatory Act of the 96th
19General Assembly apply to reports submitted, offers made, and
20notices on contracts executed on or after its effective date.
21    (f) The chief procurement officer and each designated
22procurement officer may include any additional information and
23content in his or her volume of the Illinois Procurement
24Bulletin as he or she deems necessary. Each chief procurement
25officer shall, in consultation with the agencies under his or
26her jurisdiction, provide the Procurement Policy Board with the

 

 

SB2400- 47 -LRB099 20210 MLM 44674 b

1information and resources necessary, and in a manner, to
2effectuate the purpose of this amendatory Act of the 96th
3General Assembly.
4(Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14;
598-1076, eff. 1-1-15.)
 
6    (30 ILCS 500/15-30)
7    Sec. 15-30. Electronic Bulletin clearinghouse.
8    (a) The chief procurement officer Procurement Policy Board
9shall maintain on an its official procurement website a
10searchable database containing all information required to be
11included in the volumes of the Illinois Procurement Bulletin
12under subsections (b), (b-5), (c), (c-10), and (c-15) of
13Section 15-25 and all information required to be disclosed
14under Section 50-41. The posting of procurement information on
15the website is subject to the same posting requirements as the
16online electronic Bulletin.
17    (b) For the purposes of this Section, searchable means
18searchable and sortable by awarded successful responsible
19bidder, offeror, potential contractor, or contractor, for
20emergency purchases, business or person contracted with; the
21contract price or total cost; the service or good; the
22purchasing State agency; and the date first offered or
23announced.
24    (c) Each designated The applicable chief procurement
25officer shall provide the chief procurement officer

 

 

SB2400- 48 -LRB099 20210 MLM 44674 b

1Procurement Policy Board the information and resources
2necessary, and in a manner, to effectuate the purpose of this
3Section.
4(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
5    (30 ILCS 500/15-35)
6    Sec. 15-35. Vendor portal. The Each chief procurement
7officer and each designated procurement officer may, in
8consultation with the agencies under his or her procurement
9authority jurisdiction and the Procurement Policy Board,
10establish a vendor portal. The vendor portal shall allow a
11potential vendor to provide certifications, disclosures,
12registrations, and other documentation needed to do business
13with a State agency in advance of any particular procurement. A
14potential vendor who registers with the vendor portal and
15provides this information may submit its registration number,
16with a confirmation that the portal information remains
17current, as part of its response to a competitive selection or
18a contracting process, rather than submit the same information
19in full. The One or more chief procurement officer and one or
20more designated procurement officers may jointly operate a
21vendor portal if a single portal would better serve the needs
22of the State agencies and the vendor community. The A chief
23procurement officer or designated procurement officer may
24accept, for use on procurements and contracts under his or her
25jurisdiction, the registration from the another chief

 

 

SB2400- 49 -LRB099 20210 MLM 44674 b

1procurement or a designated procurement officer's vendor
2portal. This Section applies notwithstanding any laws to the
3contrary except for later enacted laws that specifically refer
4to this Section.
5    Nothing in this Section shall preclude a State agency from
6implementing its own pre-qualification, certification,
7disclosure, and registration requirements necessary to conduct
8and manage its program operation.
9    This Section does not apply to any contract for any project
10as to which federal funds are available for expenditure when
11its provisions may be in conflict with federal law or federal
12regulation.
13(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
14    (30 ILCS 500/15-36 new)
15    Sec. 15-36. Subscription to the chief procurement
16officer's vendor portal.
17    (a) Except as otherwise set forth in this Section, all
18bidders or offerors must subscribe to the chief procurement
19officer's online, electronic vendor portal on or before the
20time of contract execution.
21    (b) This Section shall not apply to bidders or offerors on
22procurements falling under the authority of a designated
23procurement officer.
24    (c) This Section is applicable to procurements occurring on
25or after the effective date of this amendatory Act of the 99th

 

 

SB2400- 50 -LRB099 20210 MLM 44674 b

1General Assembly.
 
2    (30 ILCS 500/20-10)
3    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
4and 98-1076)
5    Sec. 20-10. Competitive sealed bidding; reverse auction.
6    (a) Conditions for use. All contracts shall be awarded by
7competitive sealed bidding except as otherwise provided in
8Section 20-5.
9    (b) Invitation for bids. An invitation for bids shall be
10issued and shall include a purchase description and the
11material contractual terms and conditions applicable to the
12procurement.
13    (c) Public notice. Public notice of the invitation for bids
14shall be published in the appropriate volume of the Illinois
15Procurement Bulletin at least 14 calendar days before the date
16set in the invitation for the opening of bids.
17    (d) Bid opening. Bids shall be opened publicly in the
18presence of one or more witnesses at the time and place
19designated in the invitation for bids. The name of each bidder,
20the amount of each bid, and other relevant information as may
21be specified by rule shall be recorded. After the award of the
22contract, the winning bid and the record of each unsuccessful
23bid shall be open to public inspection.
24    (e) Bid acceptance and bid evaluation. Bids shall be
25unconditionally accepted without alteration or correction,

 

 

SB2400- 51 -LRB099 20210 MLM 44674 b

1except as authorized in this Code. Bids shall be evaluated
2based on the requirements set forth in the invitation for bids,
3which may include criteria to determine acceptability such as
4inspection, testing, quality, workmanship, delivery, and
5suitability for a particular purpose. Those criteria that will
6affect the bid price and be considered in evaluation for award,
7such as discounts, transportation costs, and total or life
8cycle costs, shall be objectively measurable. The invitation
9for bids shall set forth the evaluation criteria to be used.
10    (f) Correction or withdrawal of bids. Correction or
11withdrawal of inadvertently erroneous bids before or after
12award, or cancellation of awards of contracts based on bid
13mistakes, shall be permitted in accordance with rules. After
14bid opening, no changes in bid prices or other provisions of
15bids prejudicial to the interest of the State or fair
16competition shall be permitted. All decisions to permit the
17correction or withdrawal of bids based on bid mistakes shall be
18supported by written determination made by the chief
19procurement a State purchasing officer or, if the procurement
20is under the authority of a designated procurement officer, the
21applicable designated procurement officer.
22    (g) Award. The contract shall be awarded with reasonable
23promptness by written notice to the lowest responsible and
24responsive bidder whose bid meets the requirements and criteria
25set forth in the invitation for bids, except when the chief
26procurement a State purchasing officer or, if the procurement

 

 

SB2400- 52 -LRB099 20210 MLM 44674 b

1is under the authority of a designated procurement officer, the
2applicable designated procurement officer determines it is not
3in the best interest of the State and by written explanation
4determines another bidder shall receive the award. The
5explanation shall appear in the appropriate volume of the
6Illinois Procurement Bulletin. The written explanation must
7include:
8        (1) a description of the agency's needs;
9        (2) a determination that the anticipated cost will be
10    fair and reasonable;
11        (3) a listing of all responsible and responsive
12    bidders; and
13        (4) the name of the bidder selected, the total contract
14    price, and the reasons for selecting that bidder.
15    Each chief procurement officer may adopt guidelines to
16implement the requirements of this subsection (g).
17    The written explanation shall be filed with the Legislative
18Audit Commission and the Procurement Policy Board, and be made
19available for inspection by the public, within 30 calendar days
20after the agency's decision to award the contract.
21    (h) Multi-step sealed bidding. When it is considered
22impracticable to initially prepare a purchase description to
23support an award based on price, an invitation for bids may be
24issued requesting the submission of unpriced offers to be
25followed by an invitation for bids limited to those bidders
26whose offers have been qualified under the criteria set forth

 

 

SB2400- 53 -LRB099 20210 MLM 44674 b

1in the first solicitation.
2    (i) Alternative procedures. Notwithstanding any other
3provision of this Act to the contrary, the Director of the
4Illinois Power Agency may create alternative bidding
5procedures to be used in procuring professional services under
6subsection (a) of Section 1-75 and subsection (d) of Section
71-78 of the Illinois Power Agency Act and Section 16-111.5(c)
8of the Public Utilities Act and to procure renewable energy
9resources under Section 1-56 of the Illinois Power Agency Act.
10These alternative procedures shall be set forth together with
11the other criteria contained in the invitation for bids, and
12shall appear in the appropriate volume of the Illinois
13Procurement Bulletin.
14    (j) Reverse auction. Notwithstanding any other provision
15of this Section, the chief procurement officer or, if the
16procurement is under the authority of a designated procurement
17officer, the applicable designated procurement officer and in
18accordance with rules adopted by the chief procurement officer,
19that chief procurement officer may procure supplies or services
20through a competitive electronic auction bidding process after
21the chief procurement officer or applicable designated
22procurement officer determines that the use of such a process
23will be in the best interest of the State. The chief
24procurement officer or applicable designated procurement
25officer shall publish that determination in his or her next
26volume of the Illinois Procurement Bulletin.

 

 

SB2400- 54 -LRB099 20210 MLM 44674 b

1    An invitation for bids shall be issued and shall include
2(i) a procurement description, (ii) all contractual terms,
3whenever practical, and (iii) conditions applicable to the
4procurement, including a notice that bids will be received in
5an electronic auction manner.
6    Public notice of the invitation for bids shall be given in
7the same manner as provided in subsection (c).
8    Bids shall be accepted electronically at the time and in
9the manner designated in the invitation for bids. During the
10auction, a bidder's price shall be disclosed to other bidders.
11Bidders shall have the opportunity to reduce their bid prices
12during the auction. At the conclusion of the auction, the
13record of the bid prices received and the name of each bidder
14shall be open to public inspection.
15    After the auction period has terminated, withdrawal of bids
16shall be permitted as provided in subsection (f).
17    The contract shall be awarded within 60 calendar days after
18the auction by written notice to the lowest responsible bidder,
19or all bids shall be rejected except as otherwise provided in
20this Code. Extensions of the date for the award may be made by
21mutual written consent of the chief procurement State
22purchasing officer or, if the procurement is under the
23authority of a designated procurement officer, the applicable
24designated procurement officer and the lowest responsible
25bidder.
26    This subsection does not apply to (i) procurements of

 

 

SB2400- 55 -LRB099 20210 MLM 44674 b

1professional and artistic services, (ii) telecommunications
2services, communication services, and information services,
3and (iii) contracts for construction projects, including
4design professional services.
5(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
698-1076, eff. 1-1-15.)
 
7    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
8and 98-1076)
9    Sec. 20-10. Competitive sealed bidding; reverse auction.
10    (a) Conditions for use. All contracts shall be awarded by
11competitive sealed bidding except as otherwise provided in
12Section 20-5.
13    (b) Invitation for bids. An invitation for bids shall be
14issued and shall include a purchase description and the
15material contractual terms and conditions applicable to the
16procurement.
17    (c) Public notice. Public notice of the invitation for bids
18shall be published in the appropriate volume of the Illinois
19Procurement Bulletin at least 14 calendar days before the date
20set in the invitation for the opening of bids.
21    (d) Bid opening. Bids shall be opened publicly in the
22presence of one or more witnesses at the time and place
23designated in the invitation for bids. The name of each bidder,
24the amount of each bid, and other relevant information as may
25be specified by rule shall be recorded. After the award of the

 

 

SB2400- 56 -LRB099 20210 MLM 44674 b

1contract, the winning bid and the record of each unsuccessful
2bid shall be open to public inspection.
3    (e) Bid acceptance and bid evaluation. Bids shall be
4unconditionally accepted without alteration or correction,
5except as authorized in this Code. Bids shall be evaluated
6based on the requirements set forth in the invitation for bids,
7which may include criteria to determine acceptability such as
8inspection, testing, quality, workmanship, delivery, and
9suitability for a particular purpose. Those criteria that will
10affect the bid price and be considered in evaluation for award,
11such as discounts, transportation costs, and total or life
12cycle costs, shall be objectively measurable. The invitation
13for bids shall set forth the evaluation criteria to be used.
14    (f) Correction or withdrawal of bids. Correction or
15withdrawal of inadvertently erroneous bids before or after
16award, or cancellation of awards of contracts based on bid
17mistakes, shall be permitted in accordance with rules. After
18bid opening, no changes in bid prices or other provisions of
19bids prejudicial to the interest of the State or fair
20competition shall be permitted. All decisions to permit the
21correction or withdrawal of bids based on bid mistakes shall be
22supported by written determination made by the chief
23procurement a State purchasing officer or, if the procurement
24is under the authority of a designated procurement officer, the
25applicable designated procurement officer.
26    (g) Award. The contract shall be awarded with reasonable

 

 

SB2400- 57 -LRB099 20210 MLM 44674 b

1promptness by written notice to the lowest responsible and
2responsive bidder whose bid meets the requirements and criteria
3set forth in the invitation for bids, except when the chief
4procurement a State purchasing officer or, if the procurement
5is under the authority of a designated procurement officer, the
6applicable designated procurement officer determines it is not
7in the best interest of the State and by written explanation
8determines another bidder shall receive the award. The
9explanation shall appear in the appropriate volume of the
10Illinois Procurement Bulletin. The written explanation must
11include:
12        (1) a description of the agency's needs;
13        (2) a determination that the anticipated cost will be
14    fair and reasonable;
15        (3) a listing of all responsible and responsive
16    bidders; and
17        (4) the name of the bidder selected, the total contract
18    price, and the reasons for selecting that bidder.
19    Each chief procurement officer may adopt guidelines to
20implement the requirements of this subsection (g).
21    The written explanation shall be filed with the Legislative
22Audit Commission and the Procurement Policy Board, and be made
23available for inspection by the public, within 30 days after
24the agency's decision to award the contract.
25    (h) Multi-step sealed bidding. When it is considered
26impracticable to initially prepare a purchase description to

 

 

SB2400- 58 -LRB099 20210 MLM 44674 b

1support an award based on price, an invitation for bids may be
2issued requesting the submission of unpriced offers to be
3followed by an invitation for bids limited to those bidders
4whose offers have been qualified under the criteria set forth
5in the first solicitation.
6    (i) Alternative procedures. Notwithstanding any other
7provision of this Act to the contrary, the Director of the
8Illinois Power Agency may create alternative bidding
9procedures to be used in procuring professional services under
10subsection (a) of Section 1-75 and subsection (d) of Section
111-78 of the Illinois Power Agency Act and Section 16-111.5(c)
12of the Public Utilities Act and to procure renewable energy
13resources under Section 1-56 of the Illinois Power Agency Act.
14These alternative procedures shall be set forth together with
15the other criteria contained in the invitation for bids, and
16shall appear in the appropriate volume of the Illinois
17Procurement Bulletin.
18    (j) Reverse auction. Notwithstanding any other provision
19of this Section, the chief procurement officer or, if the
20procurement is under the authority of a designated procurement
21officer, the applicable designated procurement officer and in
22accordance with rules adopted by the chief procurement officer,
23that chief procurement officer may procure supplies or services
24through a competitive electronic auction bidding process after
25the chief procurement officer or applicable designated
26procurement officer determines that the use of such a process

 

 

SB2400- 59 -LRB099 20210 MLM 44674 b

1will be in the best interest of the State. The chief
2procurement officer or applicable designated procurement
3officer shall publish that determination in his or her next
4volume of the Illinois Procurement Bulletin.
5    An invitation for bids shall be issued and shall include
6(i) a procurement description, (ii) all contractual terms,
7whenever practical, and (iii) conditions applicable to the
8procurement, including a notice that bids will be received in
9an electronic auction manner.
10    Public notice of the invitation for bids shall be given in
11the same manner as provided in subsection (c).
12    Bids shall be accepted electronically at the time and in
13the manner designated in the invitation for bids. During the
14auction, a bidder's price shall be disclosed to other bidders.
15Bidders shall have the opportunity to reduce their bid prices
16during the auction. At the conclusion of the auction, the
17record of the bid prices received and the name of each bidder
18shall be open to public inspection.
19    After the auction period has terminated, withdrawal of bids
20shall be permitted as provided in subsection (f).
21    The contract shall be awarded within 60 calendar days after
22the auction by written notice to the lowest responsible bidder,
23or all bids shall be rejected except as otherwise provided in
24this Code. Extensions of the date for the award may be made by
25mutual written consent of the chief procurement State
26purchasing officer or, if the procurement is under the

 

 

SB2400- 60 -LRB099 20210 MLM 44674 b

1authority of a designated procurement officer, the applicable
2designated procurement officer and the lowest responsible
3bidder.
4    This subsection does not apply to (i) procurements of
5professional and artistic services, (ii) telecommunications
6services, communication services, and information services,
7and (iii) contracts for construction projects, including
8design professional services.
9(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
1098-1076, eff. 1-1-15.)
 
11    (30 ILCS 500/20-16 new)
12    Sec. 20-16. Competitive procurements from a pre-qualified
13pool.
14    (a) Conditions for use. When provided for under this Code
15or under its rules, or for the procurement of categories of
16supplies or services, including information technology or
17telecommunications supplies or services, contracts may be
18entered into through a request for qualifications.
19    (b) Request for qualifications. Qualifications for
20categories of supplies or services shall be solicited through a
21request for qualifications process.
22    (c) Public notice. Public notice of the request for
23qualifications shall be published in the Illinois Procurement
24Bulletin at least 14 days before the date set in the invitation
25for the opening of qualifications.

 

 

SB2400- 61 -LRB099 20210 MLM 44674 b

1    (d) Receipt of qualifications. A record of qualifications
2shall be prepared and shall be open for public inspection after
3creation of the pre-qualified pool.
4    (e) Evaluation factors. The request for qualifications
5shall contain the factors to be used in determining if an
6offeror is pre-qualified to provide the category of supplies or
7services. These factors include, but are not limited to, any
8necessary experience, any necessary technical knowledge, any
9required certification or accreditation, and financial
10stability.
11    (f) Discussion with responsible offerors and revisions of
12qualifications. As provided in the request for qualifications
13and under adopted rules, discussions may be conducted with
14responsible offerors who submit qualifications determined to
15be reasonably susceptible of being pre-qualified for the
16purpose of clarifying and assuring full understanding of and
17responsiveness for pre-qualification. Those offerors shall be
18accorded fair and equal treatment with respect to any
19opportunity for discussion and revision of qualifications.
20Revisions may be permitted after submission and before
21pre-qualification. In conducting discussions, there shall be
22no disclosure of any information derived from qualifications
23submitted by other offerors. If information is provided to any
24offeror by the State, it shall be provided to all offerors.
25    (g) Pre-qualified pool. Multiple offerors may be deemed
26pre-qualified in response to the request for qualifications.

 

 

SB2400- 62 -LRB099 20210 MLM 44674 b

1Offerors shall be deemed pre-qualified in writing taking into
2consideration the evaluation factors set forth in the request
3for qualifications. The contract file shall contain the basis
4on which each offeror is determined to be pre-qualified.
5    (h) Submissions to the pre-qualified pool. Each time a
6purchasing agency procures supplies or services from the
7pre-qualified pool, the purchasing agency shall provide a
8written submission to each member of the pre-qualified pool
9that describes in detail the supplies or services the State
10desires to procure and the selection criteria the State will
11use to make an award. The pre-qualified pool shall have at
12least 3 calendar days to provide a proposal, which shall
13include the price for the supplies or services described in the
14submission, in response to the written submission.
15    (i) Discussion with the pre-qualified pool and revisions to
16proposals. As provided in the request for qualifications, the
17written submission to the pre-qualified pool, and under adopted
18rules, discussions may be conducted with members of the
19pre-qualified pool for the purpose of clarifying and assuring
20full understanding of and responsiveness to the written
21submission. Each member of the pre-qualified pool shall be
22accorded fair and equal treatment with respect to any
23opportunity for discussion and revision of proposals.
24Revisions may be permitted after submission and before award
25for the purpose of obtaining best and final offers. In
26conducting discussions there shall be no disclosure of any

 

 

SB2400- 63 -LRB099 20210 MLM 44674 b

1information derived from proposals submitted by competitors in
2the pre-qualified pool. If any other information is disclosed
3to any member of the pre-qualified pool, it shall be provided
4to all members of the pre-qualified pool.
5    (j) Award. Award shall be made to the responsible
6pre-qualified member of the pool whose proposal is determined
7in writing to be the most advantageous to the State, taking
8into consideration the selection criteria set forth in the
9written submission to the pre-qualified pool. The contract file
10shall contain the basis on which each award is made. If an
11offeror other than the lowest price offeror is awarded the
12contract, the State shall publish in the Illinois Procurement
13Bulletin the reason for awarding to other than the lowest price
14offeror.
15    (k) Rules. Rules to effectuate this Section shall be
16adopted in accordance with Section 10-6 of this Code and shall
17set forth when a pre-qualified pool expires and a method for
18allowing additional offerors to become part of the
19pre-qualified pool after its creation, which shall include
20additions to the prequalified pool at least annually.
21    (l) This Section shall not apply to a construction agency
22in the procurement of construction or construction-related
23materials.
 
24    (30 ILCS 500/20-20)
25    Sec. 20-20. Small purchases.

 

 

SB2400- 64 -LRB099 20210 MLM 44674 b

1    (a) Amount. Any individual procurement of supplies or
2services other than professional or artistic services, not
3exceeding $10,000 and any procurement of construction not
4exceeding $30,000 may be made without competitive sealed
5bidding. Procurements shall not be artificially divided so as
6to constitute a small purchase under this Section.
7    (b) Adjustment. Each July 1, the small purchase maximum
8established in subsection (a) shall be adjusted for inflation
9as determined by the Consumer Price Index for All Urban
10Consumers as determined by the United States Department of
11Labor and rounded to the nearest $100.
12    (c) The Based upon rules proposed by the Board and rules
13promulgated by the chief procurement officers, the small
14purchase maximum established in subsection (a) may be increased
15by rule modified.
16(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
17    (30 ILCS 500/20-25)
18    Sec. 20-25. Sole source procurements.
19    (a) In accordance with standards set by rule, contracts may
20be awarded without use of the specified method of source
21selection when there is only one economically feasible source
22for the item. At least 14 calendar days before entering into
23the sole source contract, the purchasing agency shall arrange
24to be published in the Illinois Procurement Bulletin a notice
25of intent to do so along with a description of the item to be

 

 

SB2400- 65 -LRB099 20210 MLM 44674 b

1procured and the intended sole source contractor. The A State
2contract may be awarded as a sole source procurement unless an
3interested party submits a written request for a public hearing
4at which the chief procurement officer or, if the procurement
5is within the authority of a designated procurement officer,
6the applicable designated procurement officer and purchasing
7agency present written justification for the procurement
8method. Any interested party may present testimony. A sole
9source contract where a hearing was requested by an interested
10party may be awarded after the hearing is conducted with the
11approval of the chief procurement officer.
12    (b) (Blank). This Section may not be used as a basis for
13amending a contract for professional or artistic services if
14the amendment would result in an increase in the amount paid
15under the contract of more than 5% of the initial award, or
16would extend the contract term beyond the time reasonably
17needed for a competitive procurement, not to exceed 2 months.
18    (c) Notice of intent to enter into a sole source contract
19shall be provided to the Procurement Policy Board and published
20in the appropriate volume of the Illinois Procurement online
21electronic Bulletin at least 14 calendar days before the public
22hearing required in subsection (a). The notice shall include
23the sole source procurement justification form prescribed by
24the chief procurement officer Board, a description of the item
25to be procured, the intended sole source contractor, and the
26date, time, and location of the public hearing. A copy of the

 

 

SB2400- 66 -LRB099 20210 MLM 44674 b

1notice and all documents provided at the hearing shall be
2included in the subsequent Procurement Bulletin.
3    (d) By August 1 each year, the each chief procurement
4officer and designated procurement officers shall file reports
5a report with the General Assembly identifying each contract
6the officer sought under the sole source procurement method and
7providing the justification given for seeking sole source as
8the procurement method for each of those contracts.
9(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
10    (30 ILCS 500/20-30)
11    Sec. 20-30. Emergency purchases.
12    (a) Conditions for use. In accordance with standards set by
13rule, a purchasing agency may make emergency procurements
14without competitive sealed bidding or prior notice when there
15exists a threat to public health or public safety, or when
16immediate expenditure is necessary for repairs to State
17property in order to protect against further loss of or damage
18to State property, to prevent or minimize serious disruption in
19critical State services that affect health, safety, or
20collection of substantial State revenues, or to ensure the
21integrity of State records; provided, however, that the term of
22the emergency purchase shall be limited to the time reasonably
23needed for a competitive procurement, not to exceed 90 calendar
24days. A contract, other than a construction emergency contract,
25may be extended beyond 90 calendar days if the chief

 

 

SB2400- 67 -LRB099 20210 MLM 44674 b

1procurement officer or, if the procurement is within the
2authority of a designated procurement officer, the applicable
3designated procurement officer determines additional time is
4necessary and that the contract scope and duration are limited
5to the emergency. Prior to execution of the extension, the
6chief procurement officer or applicable designated procurement
7officer must hold a public hearing and provide written
8justification for all emergency contracts. Members of the
9public may present testimony. Emergency procurements shall be
10made with as much competition as is practicable under the
11circumstances. A written description of the basis for the
12emergency and reasons for the selection of the particular
13contractor shall be included in the contract file. For
14construction, construction-related, and construction support
15procurements, the 90 calendar day term and provisions for
16contracts are not applicable.
17    (b) Notice. Notice of all emergency procurements shall be
18provided to the Procurement Policy Board and published in the
19applicable volume of the Illinois Procurement online
20electronic Bulletin no later than 5 calendar days after the
21contract is awarded. Notice of intent to extend an emergency
22contract shall be provided to the Procurement Policy Board and
23published in the applicable volume of the Illinois Procurement
24online electronic Bulletin at least 14 calendar days before the
25public hearing. Notice shall include at least a description of
26the need for the emergency purchase, the contractor, and if

 

 

SB2400- 68 -LRB099 20210 MLM 44674 b

1applicable, the date, time, and location of the public hearing.
2A copy of this notice and all documents provided at the hearing
3shall be included in the subsequent applicable volume of the
4Illinois Procurement Bulletin. Before the next appropriate
5volume of the Illinois Procurement Bulletin, the purchasing
6agency shall publish in the Illinois Procurement Bulletin a
7copy of each written description and reasons and the total cost
8of each emergency procurement made during the previous month.
9When only an estimate of the total cost is known at the time of
10publication, the estimate shall be identified as an estimate
11and published. When the actual total cost is determined, it
12shall also be published in like manner before the 10th day of
13the next succeeding month.
14    (c) Affidavits. The A chief procurement officer or, if the
15procurement is within the authority of a designated procurement
16officer, the applicable designated procurement officer making
17a procurement under this Section shall file affidavits with the
18Procurement Policy Board and the Auditor General within 10
19calendar days after the procurement setting forth the amount
20expended, the name of the contractor involved, and the
21conditions and circumstances requiring the emergency
22procurement. When only an estimate of the cost is available
23within 10 calendar days after the procurement, the actual cost
24shall be reported immediately after it is determined. At the
25end of each fiscal quarter, the Auditor General shall file with
26the Legislative Audit Commission and the Governor a complete

 

 

SB2400- 69 -LRB099 20210 MLM 44674 b

1listing of all emergency procurements reported during that
2fiscal quarter. The Legislative Audit Commission shall review
3the emergency procurements so reported and, in its annual
4reports, advise the General Assembly of procurements that
5appear to constitute an abuse of this Section.
6    (d) Quick purchases. Rules may be adopted pursuant to
7Section 10-6 of this Code that extend The chief procurement
8officer may promulgate rules extending the circumstances by
9which a purchasing agency may make purchases under this
10Section, including but not limited to the procurement of items
11available at a discount for a limited period of time.
12    (e) The changes to this Section made by this amendatory Act
13of the 96th General Assembly apply to procurements executed on
14or after its effective date.
15(Source: P.A. 98-1076, eff. 1-1-15.)
 
16    (30 ILCS 500/20-35)
17    Sec. 20-35. Competitive selection procedures.
18    (a) Conditions for use. The services specified in Article
1935 shall be procured in accordance with this Section, except as
20authorized under Sections 20-25 and 20-30 of this Article.
21    (b) Statement of qualifications. Respondents shall submit
22statements of qualifications and expressions of interest. The
23chief procurement officer or, if the procurement is under the
24authority of a designated procurement officer, the applicable
25designated procurement officer shall specify a uniform format

 

 

SB2400- 70 -LRB099 20210 MLM 44674 b

1for statements of qualifications. Persons may amend these
2statements at any time by filing a new statement.
3    (c) Public announcement and form of request for proposals.
4Public notice of the need for the procurement shall be given in
5the form of a request for proposals and published in the
6Illinois Procurement Bulletin at least 14 calendar days before
7the date set in the request for proposals for the opening of
8proposals. The request for proposals shall describe the
9services required, list the type of information and data
10required of each respondent, and state the relative importance
11of particular qualifications.
12    (d) Discussions. The purchasing agency may conduct
13discussions with any respondent who has submitted a response to
14determine the respondent's qualifications for further
15consideration. Discussions shall not disclose any information
16derived from proposals submitted by other respondents.
17    (e) Award. Award shall be made to the respondent determined
18in writing by the purchasing agency to be best qualified based
19on the evaluation factors set forth in the request for
20proposals and negotiation of compensation determined to be fair
21and reasonable.
22(Source: P.A. 98-1076, eff. 1-1-15.)
 
23    (30 ILCS 500/20-43)
24    Sec. 20-43. Authorized Bidder or offeror authorized to do
25business in Illinois. In addition to meeting any other

 

 

SB2400- 71 -LRB099 20210 MLM 44674 b

1requirement of law or rule, a person (other than an individual
2acting as a sole proprietor) shall be may qualify as a bidder
3or offeror under this Code only if the person is a legal entity
4authorized to transact business or conduct affairs in Illinois
5prior to the contract award. This Section shall not apply to
6construction contracts that are subject to the requirements of
7Sections 30-20 and 33-10 of this Code. The pre-qualification
8requirements of Sections 30-20 and 33-10 of this Code shall
9include the requirement that the bidder be registered with the
10Secretary of State submitting the bid, offer, or proposal.
11(Source: P.A. 98-1076, eff. 1-1-15.)
 
12    (30 ILCS 500/20-45)
13    Sec. 20-45. Prequalification of suppliers. Rules shall be
14adopted in accordance with Section 10-6 of this Code The chief
15procurement officer shall promulgate rules for the development
16of prequalified supplier lists for appropriate categories of
17purchases and the annual updating of those lists.
18(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
19    (30 ILCS 500/20-50)
20    Sec. 20-50. Specifications. Specifications shall be
21prepared in accordance with consistent standards that are
22developed by the purchasing agency. All specifications shall
23seek to promote overall economy for the purposes intended and
24encourage competition in satisfying the purchasing agency's

 

 

SB2400- 72 -LRB099 20210 MLM 44674 b

1needs and shall not be unduly restrictive promulgated by the
2chief procurement officer and reviewed by the Board and the
3Joint Committee on Administrative Rules. Those standards shall
4include a prohibition against the use of brand-name only
5products, except for products intended for retail sale or as
6specified by rule. All specifications shall seek to promote
7overall economy for the purposes intended and encourage
8competition in satisfying the State's needs and shall not be
9unduly restrictive.
10    Rules related to use of brand-name only products shall be
11adopted in accordance with Section 10-6 of this Code.
12    A solicitation or specification for a contract or a
13contract, including but not limited to of a college,
14university, or institution under the jurisdiction of a
15governing board listed in Section 1-15.100, may not require,
16stipulate, suggest, or encourage a monetary or other financial
17contribution or donation, cash bonus or incentive, economic
18investment, or other prohibited conduct as an explicit or
19implied term or condition for awarding or completing the
20contract. The contract, solicitation, or specification also
21may not include a requirement that an individual or individuals
22employed by such a college, university, or institution receive
23a consulting contract for professional services.
24    As used in this Section, "prohibited conduct" includes
25requested payments or other consideration by a third party to
26the university or State agency that is not part of the

 

 

SB2400- 73 -LRB099 20210 MLM 44674 b

1solicitation or that is unrelated to the subject matter or
2purpose of the solicitation. "Prohibited conduct" does not
3include a payment from the vendor that is supported by
4additional consideration (such as exclusive rights to sell
5items or rights to advertise), other than the consideration of
6the State's awarding a contract to purchase of goods and
7services.
8(Source: P.A. 98-1076, eff. 1-1-15.)
 
9    (30 ILCS 500/20-51 new)
10    Sec. 20-51. Construction specifications.
11    (a) Construction agencies may develop specifications for
12construction contracts, construction-related contracts, and
13construction support contracts that may require the delivery of
14material or products that will be used to satisfy the needs of
15a construction agency.
16    (b) Material and product specifications. Material and
17product specifications describe the technical or performance
18requirements necessary to complete the contemplated work.
19    (c) Brand-name only product specifications, including
20patented or proprietary products, will not be used unless a
21determination is made by the construction agency that:
22        (1) such products may be procured competitively with
23    equally suitable non-brand-name products;
24        (2) such products are necessary for compatibility with
25    existing facilities or equipment;

 

 

SB2400- 74 -LRB099 20210 MLM 44674 b

1        (3) no equally suitable alternative exists;
2        (4) such products are to be used for research or for a
3    distinctive type of application for experimental purposes;
4    or
5        (5) such products will create operational savings for a
6    facility.
7    (d) When more than one product will fulfill the
8requirements for an item of work and the products are judged by
9the construction agency to be of satisfactory quality and
10equally acceptable on the basis of engineering analysis and
11estimated price, the contract specifications may contain or
12include by reference a qualified product list.
 
13    (30 ILCS 500/20-55)
14    Sec. 20-55. Types of contracts. Subject to the limitations
15of this Section and unless otherwise authorized by law, any
16type of contract that will promote the best interests of the
17State may be used, except that cost-plus-a-percentage-of-cost
18contracts are prohibited. A cost-reimbursement contract may be
19used only when a determination is made in writing that a
20cost-reimbursement contract is likely to be less costly to the
21State than any other type or that it is impracticable to obtain
22the item required except under that type of contract. The
23general form of contracts shall be determined by the chief
24procurement officer or, if the procurement is under the
25authority of a designated procurement officer, the applicable

 

 

SB2400- 75 -LRB099 20210 MLM 44674 b

1designated procurement officer.
2(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
3    (30 ILCS 500/20-60)
4    Sec. 20-60. Duration of contracts.
5    (a) Maximum duration. A contract, other than a contract
6entered into pursuant to the State University Certificates of
7Participation Act or pursuant to other express statutory
8authority permitting a longer duration, may be entered into for
9any period of time deemed to be in the best interests of the
10State but not exceeding 10 years inclusive, beginning January
111, 2010, of proposed contract renewals. The length of a lease
12for real property or capital improvements shall be in
13accordance with the provisions of Section 40-25. A contract for
14bond or mortgage insurance awarded by the Illinois Housing
15Development Authority, however, may be entered into for any
16period of time less than or equal to the maximum period of time
17that the subject bond or mortgage may remain outstanding.
18    (b) Subject to appropriation. All contracts made or entered
19into shall recite that they are subject to termination and
20cancellation in any year for which the General Assembly fails
21to make an appropriation to make payments under the terms of
22the contract.
23    (c) (Blank). The chief procurement officer shall file a
24proposed extension or renewal of a contract with the
25Procurement Policy Board prior to entering into any extension

 

 

SB2400- 76 -LRB099 20210 MLM 44674 b

1or renewal if the cost associated with the extension or renewal
2exceeds $249,999. The Procurement Policy Board may object to
3the proposed extension or renewal within 30 calendar days and
4require a hearing before the Board prior to entering into the
5extension or renewal. If the Procurement Policy Board does not
6object within 30 calendar days or takes affirmative action to
7recommend the extension or renewal, the chief procurement
8officer may enter into the extension or renewal of a contract.
9This subsection does not apply to any emergency procurement,
10any procurement under Article 40, or any procurement exempted
11by Section 1-10(b) of this Code. If any State agency contract
12is paid for in whole or in part with federal-aid funds, grants,
13or loans and the provisions of this subsection would result in
14the loss of those federal-aid funds, grants, or loans, then the
15contract is exempt from the provisions of this subsection in
16order to remain eligible for those federal-aid funds, grants,
17or loans, and the State agency shall file notice of this
18exemption with the Procurement Policy Board prior to entering
19into the proposed extension or renewal. Nothing in this
20subsection permits a chief procurement officer to enter into an
21extension or renewal in violation of subsection (a). By August
221 each year, the Procurement Policy Board shall file a report
23with the General Assembly identifying for the previous fiscal
24year (i) the proposed extensions or renewals that were filed
25with the Board and whether the Board objected and (ii) the
26contracts exempt from this subsection.

 

 

SB2400- 77 -LRB099 20210 MLM 44674 b

1(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09;
296-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the
3effective date of changes made by P.A. 96-795); 96-920, eff.
47-1-10; 96-1478, eff. 8-23-10.)
 
5    (30 ILCS 500/20-65)
6    Sec. 20-65. Right to audit records.
7    (a) Maintenance of books and records. Every contract and
8subcontract shall require the contractor or subcontractor, as
9applicable, to maintain books and records relating to the
10performance of the contract or subcontract and necessary to
11support amounts charged to the State under the contract or
12subcontract. The books and records shall be maintained by the
13contractor for a period of 3 years from the later of the date
14of final payment under the contract or completion of the
15contract and by the subcontractor for a period of 3 years from
16the later of the date of final payment under the subcontract or
17completion of the subcontract. However, the 3-year period shall
18be extended for the duration of any audit in progress at the
19time of that period's expiration.
20    (b) Audit. Every contract and subcontract shall provide
21that all books and records required to be maintained under
22subsection (a) shall be available for review and audit by the
23Auditor General, the chief procurement officer, the applicable
24designated procurement officer, if any, internal auditor, and
25the purchasing agency. Every contract and subcontract shall

 

 

SB2400- 78 -LRB099 20210 MLM 44674 b

1require the contractor and subcontractor, as applicable, to
2cooperate fully with any audit.
3    (c) Failure to maintain books and records. Failure to
4maintain the books and records required by this Section shall
5establish a presumption in favor of the State for the recovery
6of any funds paid by the State for which required books and
7records are not available.
8(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9for the effective date of changes made by P.A. 96-795).)
 
10    (30 ILCS 500/20-70)
11    Sec. 20-70. Finality of determinations. Except as
12otherwise provided in this Code, determinations made by a chief
13procurement officer or, if the procurement is within the
14authority of a designated procurement officer, the applicable
15designated procurement officer, State purchasing officer, or a
16purchasing agency under this Code are final and conclusive
17unless they are clearly erroneous, arbitrary, capricious, or
18contrary to law.
19(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
20for the effective date of changes made by P.A. 96-795).)
 
21    (30 ILCS 500/20-75)
22    Sec. 20-75. Disputes and protests. The chief procurement
23officer and the designated procurement officers shall jointly
24by rule establish rules procedures to be followed in resolving

 

 

SB2400- 79 -LRB099 20210 MLM 44674 b

1protested solicitations and awards and contract controversies,
2for debarment or suspension of contractors, and for resolving
3other procurement-related disputes.
4(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
5for the effective date of changes made by P.A. 96-795).)
 
6    (30 ILCS 500/20-80)
7    Sec. 20-80. Contract files.
8    (a) Written determinations. All written determinations
9required under this Article shall be placed in the contract
10file maintained by the chief procurement officer or, if the
11procurement is under the authority of a designated procurement
12officer, the applicable designated procurement officer.
13    (b) Filing with Comptroller. Whenever a grant, defined
14pursuant to accounting standards established by the
15Comptroller, or a contract liability, except for: (1) contracts
16paid from personal services, or (2) contracts between the State
17and its employees to defer compensation in accordance with
18Article 24 of the Illinois Pension Code, or (3) contracts that
19are not paid by the Comptroller, exceeding $20,000 is incurred
20by any State agency, a copy of the contract, purchase order,
21grant, or lease shall be filed electronically with the
22Comptroller within 30 calendar days thereafter. Beginning
23January 1, 2013, the Comptroller may require that contracts and
24grants required to be filed with the Comptroller under this
25Section shall be filed electronically, unless the agency is

 

 

SB2400- 80 -LRB099 20210 MLM 44674 b

1incapable of filing the contract or grant electronically
2because it does not possess the necessary technology or
3equipment. Any State agency that is incapable of electronically
4filing its contracts or grants shall submit a written statement
5to the Governor and to the Comptroller attesting to the reasons
6for its inability to comply. This statement shall include a
7discussion of what the State agency needs in order to
8effectively comply with this Section. Prior to requiring
9electronic filing, the Comptroller shall consult with the
10Governor as to the feasibility of establishing mutually
11agreeable technical standards for the electronic document
12imaging, storage, and transfer of contracts and grants, taking
13into consideration the technology available to that agency,
14best practices, and the technological capabilities of State
15agencies. Nothing in this amendatory Act of the 97th General
16Assembly shall be construed to impede the implementation of an
17Enterprise Resource Planning (ERP) system. For each State
18contract for goods, supplies, or services awarded on or after
19July 1, 2010, the contracting agency shall provide the
20applicable rate and unit of measurement of the goods, supplies,
21or services on the contract obligation document as required by
22the Comptroller. If the contract obligation document that is
23submitted to the Comptroller contains the rate and unit of
24measurement of the goods, supplies, or services, the
25Comptroller shall provide that information on his or her
26official website. Any cancellation or modification to any such

 

 

SB2400- 81 -LRB099 20210 MLM 44674 b

1contract liability shall be filed with the Comptroller within
230 calendar days of its execution.
3    (c) Late filing affidavit. When a contract, purchase order,
4grant, or lease required to be filed by this Section has not
5been filed within 30 calendar days of execution, the
6Comptroller shall refuse to issue a warrant for payment
7thereunder until the agency files with the Comptroller the
8contract, purchase order, grant, or lease and an affidavit,
9signed by the chief executive officer of the agency or his or
10her designee, setting forth an explanation of why the contract
11liability was not filed within 30 calendar days of execution. A
12copy of this affidavit shall be filed with the Auditor General.
13    (d) Timely execution of contracts. Except as set forth in
14subsection (b) of Section 20-80 of this Code, no No voucher
15shall be submitted to the Comptroller for a warrant to be drawn
16for the payment of money from the State treasury or from other
17funds held by the State Treasurer on account of any contract
18unless the contract is reduced to writing before the services
19are performed and filed with the Comptroller. Contractors
20Vendors shall not be paid for any supplies goods that were
21received or services that were rendered before the contract was
22reduced to writing and signed by all necessary parties. A chief
23procurement officer or, if the procurement falls under the
24authority of a designated procurement officer, the applicable
25designated procurement officer shall may request an exception
26to this subsection by submitting a written statement to the

 

 

SB2400- 82 -LRB099 20210 MLM 44674 b

1Comptroller and Treasurer setting forth the circumstances and
2reasons why the contract could not be reduced to writing before
3the supplies were received or services were performed. A waiver
4of this subsection must be approved by the Comptroller and
5Treasurer and such approval shall not be unreasonably withheld.
6This Section shall not apply to emergency purchases if notice
7of the emergency purchase is filed with the Procurement Policy
8Board and published in the appropriate volume of the Bulletin
9as required by this Code.
10    (e) Method of source selection. When a contract is filed
11with the Comptroller under this Section, the Comptroller's file
12shall identify the method of source selection used in obtaining
13the contract.
14(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
 
15    (30 ILCS 500/20-85)
16    Sec. 20-85. Federal requirements. A State agency receiving
17federal-aid funds, grants, or loans shall have authority to
18adopt its procedures, rules, project statements, drawings,
19maps, surveys, plans, specifications, contract terms,
20estimates, bid forms, bond forms, and other documents or
21practices to comply with the regulations, policies, and
22procedures of the designated authority, administration, or
23department of the United States, in order to remain eligible
24for such federal-aid funds, grants, or loans. The chief
25procurement officer, designated procurement officers, and

 

 

SB2400- 83 -LRB099 20210 MLM 44674 b

1Board shall not exercise authority or adopt rules preempting
2federal requirements.
3(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
4    (30 ILCS 500/20-110)
5    Sec. 20-110. Printing cost offsets. Rules may be adopted in
6accordance with Section 10-6 of this Code The chief procurement
7officer may promulgate rules permitting the exchange of
8advertising rights in or receipt of free copies of printed
9products procured under this Article as a means of reducing
10printing costs. The rules shall specify the appropriate method
11of source selection to be used to competitively acquire
12printing cost offsets.
13(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
14    (30 ILCS 500/20-120)
15    Sec. 20-120. Subcontractors.
16    (a) Any contract granted under this Code shall state
17whether the services of a subcontractor will be used. The
18contract shall include the names and addresses of all known
19subcontractors with subcontracts with an annual value of more
20than $50,000, the general type of work to be performed by these
21subcontractors, and the expected amount of money each will
22receive under the contract. Upon the request of the chief
23procurement officer or, if the procurement is under the
24authority of a designated procurement officer, the applicable

 

 

SB2400- 84 -LRB099 20210 MLM 44674 b

1designated procurement officer appointed pursuant to paragraph
2(2) of subsection (a) of Section 10-20, the contractor shall
3provide the chief procurement officer or applicable designated
4procurement officer a copy of a subcontract so identified
5within 15 calendar days after the request is made. A
6subcontractor, or contractor on behalf of a subcontractor, may
7identify information that is deemed proprietary or
8confidential. If the chief procurement officer or applicable
9designated procurement officer determines the information is
10not relevant to the primary contract, the chief procurement
11officer or applicable designated procurement officer may
12excuse the inclusion of the information. If the chief
13procurement officer or applicable designated procurement
14officer determines the information is proprietary or could harm
15the business interest of the subcontractor, the chief
16procurement officer or applicable designated procurement
17officer may, in his or her discretion, redact the information.
18Redacted information shall not become part of the public
19record.
20    (b) If at any time during the term of a contract, a
21contractor adds or changes any subcontractors, he or she shall
22promptly notify, in writing, the chief procurement officer, or,
23if the procurement is under the authority of a designated
24procurement officer, the applicable designated procurement
25officer State purchasing officer, or their designee of the
26names and addresses of each new or replaced subcontractor and

 

 

SB2400- 85 -LRB099 20210 MLM 44674 b

1the general type of work to be performed. Upon the request of
2the chief procurement officer appointed pursuant to paragraph
3(2) of subsection (a) of Section 10-20, the contractor shall
4provide the chief procurement officer a copy of any new or
5amended subcontract so identified within 15 calendar days after
6the request is made.
7    (c) In addition to any other requirements of this Code, a
8subcontract subject to this Section must include all of the
9subcontractor's certifications required by Article 50 of the
10Code.
11    (d) This Section applies to procurements solicited on or
12after the effective date of this amendatory Act of the 96th
13General Assembly. The changes made to this Section by this
14amendatory Act of the 97th General Assembly apply to
15procurements solicited on or after the effective date of this
16amendatory Act of the 97th General Assembly.
17(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
18    (30 ILCS 500/20-155)
19    Sec. 20-155. Solicitation and contract documents.
20    (a) The Each chief procurement officer and designated
21procurement officers are responsible for developing appointed
22pursuant to Section 10-20 shall have the sole authority in
23their respective jurisdiction to develop and distributing
24distribute uniform documents for the solicitation, review, and
25acceptance of all bids, offers, and responses and the award of

 

 

SB2400- 86 -LRB099 20210 MLM 44674 b

1contracts pursuant to this Code for those procurements within
2their respective procurement authority. Purchasing agencies If
3a chief procurement officer appointed pursuant to Section 10-20
4exercises the authority to develop and distribute uniform
5documents for the solicitation, review and acceptance of all
6bids, offers and responses and the award of contracts, then the
7State agency shall use the uniform documents.
8    (b) After award of a contract and subject to provisions of
9the Freedom of Information Act, the purchasing procuring agency
10shall make available for public inspection and copying all
11pre-award, post-award, administration, and close-out documents
12relating to that particular contract.
13    (c) A procurement file shall be maintained for all
14contracts, regardless of the method of procurement. The
15procurement file shall contain the basis on which the award is
16made, all submitted bids and proposals, all evaluation
17materials, score sheets and all other documentation related to
18or prepared in conjunction with evaluation, negotiation, and
19the award process. The procurement file shall contain a written
20determination, signed by the chief procurement officer or the
21designated procurement State purchasing officer, setting forth
22the reasoning for the contract award decision. The procurement
23file shall not include trade secrets or other competitively
24sensitive, confidential, or proprietary information. The
25procurement file shall be open to public inspection within 7
26calendar days following award of the contract.

 

 

SB2400- 87 -LRB099 20210 MLM 44674 b

1(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
2    (30 ILCS 500/20-160)
3    Sec. 20-160. Business entities; certification;
4registration with the State Board of Elections.
5    (a) For purposes of this Section, the terms "business
6entity", "contract", "State contract", "contract with a State
7agency", "State agency", "affiliated entity", and "affiliated
8person" have the meanings ascribed to those terms in Section
950-37.
10    (b) Every bid and offer submitted to and every contract
11executed by the State on or after January 1, 2009 (the
12effective date of Public Act 95-971) and every submission to a
13vendor portal shall contain (1) a certification by the bidder,
14offeror, vendor, or contractor that either (i) the bidder,
15offeror, vendor, or contractor is not required to register as a
16business entity with the State Board of Elections pursuant to
17this Section or (ii) the bidder, offeror, vendor, or contractor
18has registered as a business entity with the State Board of
19Elections and acknowledges a continuing duty to update the
20registration and (2) a statement that the contract is voidable
21under Section 50-60 for the bidder's, offeror's, vendor's, or
22contractor's failure to comply with this Section.
23    (c) Each business entity (i) whose aggregate bids and
24proposals on State contracts annually total more than $50,000,
25(ii) whose aggregate bids and proposals on State contracts

 

 

SB2400- 88 -LRB099 20210 MLM 44674 b

1combined with the business entity's aggregate annual total
2value of State contracts exceed $50,000, or (iii) whose
3contracts with State agencies, in the aggregate, annually total
4more than $50,000 shall register with the State Board of
5Elections in accordance with Section 9-35 of the Election Code.
6A business entity required to register under this subsection
7due to item (i) or (ii) has a continuing duty to ensure that
8the registration is accurate during the period beginning on the
9date of registration and ending on the day after the date the
10contract is awarded; any change in information must be reported
11to the State Board of Elections 5 business days following such
12change or no later than a day before the contract is awarded,
13whichever date is earlier. A business entity required to
14register under this subsection due to item (iii) has a
15continuing duty to ensure that the registration is accurate in
16accordance with subsection (e).
17    (d) Any business entity, not required under subsection (c)
18to register, whose aggregate bids and proposals on State
19contracts annually total more than $50,000, or whose aggregate
20bids and proposals on State contracts combined with the
21business entity's aggregate annual total value of State
22contracts exceed $50,000, shall register with the State Board
23of Elections in accordance with Section 9-35 of the Election
24Code prior to submitting to a State agency the bid or proposal
25whose value causes the business entity to fall within the
26monetary description of this subsection. A business entity

 

 

SB2400- 89 -LRB099 20210 MLM 44674 b

1required to register under this subsection has a continuing
2duty to ensure that the registration is accurate during the
3period beginning on the date of registration and ending on the
4day after the date the contract is awarded. Any change in
5information must be reported to the State Board of Elections
6within 5 business days following such change or no later than a
7day before the contract is awarded, whichever date is earlier.
8    (e) A business entity whose contracts with State agencies,
9in the aggregate, annually total more than $50,000 must
10maintain its registration under this Section and has a
11continuing duty to ensure that the registration is accurate for
12the duration of the term of office of the incumbent
13officeholder awarding the contracts or for a period of 2 years
14following the expiration or termination of the contracts,
15whichever is longer. A business entity, required to register
16under this subsection, has a continuing duty to report any
17changes on a quarterly basis to the State Board of Elections
18within 14 calendar days following the last day of January,
19April, July, and October of each year. Any update pursuant to
20this paragraph that is received beyond that date is presumed
21late and the civil penalty authorized by subsection (e) of
22Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
23assessed.
24    Also, if a business entity required to register under this
25subsection has a pending bid or offer, any change in
26information shall be reported to the State Board of Elections

 

 

SB2400- 90 -LRB099 20210 MLM 44674 b

1within 7 calendar days following such change or no later than a
2day before the contract is awarded, whichever date is earlier.
3    (f) A business entity's continuing duty under this Section
4to ensure the accuracy of its registration includes the
5requirement that the business entity notify the State Board of
6Elections of any change in information, including but not
7limited to changes of affiliated entities or affiliated
8persons.
9    (g) For any bid or offer for a contract with a State agency
10by a business entity required to register under this Section,
11the chief procurement officer shall verify that the business
12entity is required to register under this Section and is in
13compliance with the registration requirements on or prior to
14the date the contract is awarded bid or offer is due. A State
15agency chief procurement officer shall not enter into a
16contract with accept a bid or offer if the business entity that
17is not in compliance with these the registration requirements
18as of the date bids or offers are due.
19    (h) A registration, and any changes to a registration, must
20include the business entity's verification of accuracy and
21subjects the business entity to the penalties of the laws of
22this State for perjury.
23    In addition to any penalty under Section 9-35 of the
24Election Code, intentional, willful, or material failure to
25disclose information required for registration shall render
26the contract, bid, offer, or other procurement relationship

 

 

SB2400- 91 -LRB099 20210 MLM 44674 b

1voidable by the chief procurement officer if he or she deems it
2to be in the best interest of the State of Illinois.
3    (i) This Section applies regardless of the method of source
4selection used in awarding the contract.
5(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
698-1076, eff. 1-1-15.)
 
7    (30 ILCS 500/25-15)
8    Sec. 25-15. Method of source selection.
9    (a) Competitive sealed bidding. Except as provided in
10subsection (b) and Sections 20-15, 20-16, 20-20, 20-25, and
1120-30, 20-35, 30-15, and 40-20, all State contracts for
12supplies and services shall be awarded by competitive sealed
13bidding in accordance with Section 20-10.
14    (b) Other methods. The chief procurement officer, in
15conjunction with the designated procurement officers, may
16establish by rule (i) categories of purchases, including
17non-governmental joint purchases, that may be made without
18competitive sealed bidding and (ii) the most competitive
19alternate method of source selection that shall be used for
20each category of purchase.
21(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
22    (30 ILCS 500/25-30)
23    Sec. 25-30. More favorable terms. A supply or service
24contract may include, if determined by the chief procurement

 

 

SB2400- 92 -LRB099 20210 MLM 44674 b

1officer a State purchasing officer to be in the best interests
2of the State, a clause requiring that if more favorable terms
3are granted by the contractor to any similar state or local
4governmental agency in any state in a contemporaneous agreement
5let under the same or similar financial terms and circumstances
6for comparable supplies or services, the more favorable terms
7shall be applicable under the contract.
8(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
9    (30 ILCS 500/25-35)
10    Sec. 25-35. Purchase of coal and postage stamps.
11    (a) Delivery of necessary supplies. To avoid interruption
12or impediment of delivery of necessary supplies, commodities,
13and coal, the chief procurement officer State purchasing
14officers may make purchases of or contracts for supplies and
15commodities after April 30 of a fiscal year when delivery of
16the supplies and commodities is to be made after June 30 of
17that fiscal year and payment for which is to be made from
18appropriations for the next fiscal year.
19    (b) Postage. All postage stamps purchased from State funds
20must be perforated for identification purposes. A General
21Assembly member may furnish the U.S. Post Office with a warrant
22so as to allow for the creation or continuation of a bulk rate
23mailing fund in the name of the General Assembly member or may
24furnish a postage meter company or post office with a warrant
25so as to facilitate the purchase of a postage meter and its

 

 

SB2400- 93 -LRB099 20210 MLM 44674 b

1stamps. Any postage meter so purchased must also contain a
2stamp that shall state "Official State Mail".
3(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
4    (30 ILCS 500/25-45)
5    Sec. 25-45. Executive agency energy conservation and
6saving measures Energy conservation program.
7    (a) Definitions. As used in this Section:
8    "Board" means the Capital Development Board.
9    "Contracting authority" means the Department, the Board,
10or other such agencies as may be delegated to execute certain
11of its statutory procurement functions through
12intergovernmental agreements specifically developed for the
13purpose of securing energy conservation services.
14    "Department" means the Department of Central Management
15Services acting in its capacity as the statutory owner and
16manager of all properties owned and operated by the State of
17Illinois on behalf of agencies, boards, and commissions
18functioning under the executive authority of the Governor.
19    "Energy conservation measure" means any improvement,
20repair, alteration, or betterment of any executive agency
21facility or any equipment, fixture, or furnishing to be added
22to or used in an executive agency facility, that is designed to
23reduce energy consumption or operating costs, and may include,
24but is not limited to, one or more of the following:
25        (1) Insulation of the building structure or systems

 

 

SB2400- 94 -LRB099 20210 MLM 44674 b

1    within the building.
2        (2) Storm windows or doors, caulking or weather
3    stripping, multiglazed windows or doors, heat-absorbing or
4    heat-reflective glazed and coated window or door systems,
5    additional glazing, reductions in glass area, or other
6    window and door system modifications that reduce energy
7    consumption.
8        (3) Automated or computerized energy control systems.
9        (4) Heating, ventilating, or air conditioning system,
10    modifications, or replacements.
11        (5) Replacement or modification of lighting fixtures
12    to increase the energy efficiency of the lighting system
13    without increasing the overall illumination of a building,
14    unless an increase in illumination is necessary to conform
15    to the applicable State or local building code for the
16    lighting system after the proposed modifications are made.
17        (6) Energy recovery systems.
18        (7) Energy conservation measures that provide
19    long-term operating cost reductions.
20    "Executive agency facility" means a building owned and
21operated by the State of Illinois through an agency, board, or
22commission statutorily functioning under the executive
23authority of the Governor and under the general property
24management authority of the Department of Central Management
25Services.
26    "Guaranteed energy savings contract" means a contract for:

 

 

SB2400- 95 -LRB099 20210 MLM 44674 b

1(i) the implementation of an energy audit, data collection, and
2other related analyses preliminary to the undertaking of energy
3conservation measures; (ii) the evaluation and recommendation
4of energy conservation measures; (iii) the implementation of
5one or more energy conservation measures; or (iv) the
6implementation of project monitoring and data collection to
7verify post installation energy consumption and energy related
8operating costs. The contract shall provide that all payments,
9except obligations on termination of the contract before its
10expiration, are to be made over time and that the savings are
11guaranteed to the extent necessary to pay the costs of the
12energy conservation measures. "Energy savings" may include
13energy reduction and offsetting sources of renewable energy
14funds, including renewable energy credits and carbon credits.
15    "Qualified provider" means a person whose employees are
16experienced and trained in the design, implementation, or
17installation of energy conservation measures. The minimum
18training required for any person or employee under this Section
19shall be the satisfactory completion of at least 40 hours of
20course instruction dealing with energy conservation measures.
21A qualified provider to whom the contract is awarded shall give
22a sufficient bond to the executive agency or for its faithful
23performance.
24    (b) Before entering into a guaranteed energy savings
25contract, the contracting authority shall issue a request for
26proposals in accordance with Article 30 of this Code requesting

 

 

SB2400- 96 -LRB099 20210 MLM 44674 b

1competitive sealed offers for innovative solutions and
2conservation measures. A request for proposals shall be
3published in the appropriate volume of the Illinois Procurement
4Bulletin under the authority of the designated procurement
5officer for the Capital Development Board under Section 10-5 of
6this Code for at least 30 days before offers are due. The
7request for proposals shall, at a minimum, include all of the
8following:
9        (1) The name and address of the executive agency.
10        (2) The name, address, title, and phone number of an
11    executive agency contact person who will respond to
12    questions regarding the request for proposals.
13        (3) Notice indicating that the contracting authority
14    is requesting qualified providers to propose energy
15    conservation measures through a guaranteed energy savings
16    contract.
17        (4) The date, time, and place where offers must be
18    received.
19        (5) The evaluation criteria for evaluating offers.
20        (6) Any other stipulations and clarifications the
21    contracting authority or executive agency facility may
22    require.
23        (7) A written disclosure that identifies any energy
24    services contractor that participated in the preparation
25    of specifications. If no energy services contractor
26    participated in the preparation of specifications, then

 

 

SB2400- 97 -LRB099 20210 MLM 44674 b

1    the request for proposals must include a disclosure that no
2    energy services contractor participated in the preparation
3    of the specifications.
4    (c) The evaluation of offers shall analyze the estimates of
5all costs of installations, modifications, or remodeling,
6including, but not limited to, costs of a pre-installation
7energy audit or analysis, design, engineering, installation,
8maintenance, repairs, debt service, conversions to a different
9energy or fuel source, or post-installation project
10monitoring, data collection, and reporting. The evaluation
11shall include a detailed analysis of whether either the energy
12consumed or the operating costs, or both, will be reduced. If a
13licensed architect or registered professional engineer on the
14executive agency's or contracting authority's staff is
15unavailable to serve as an evaluator, then the evaluation shall
16include a registered professional engineer or architect, who is
17retained by the executive agency or contracting authority. A
18licensed architect or registered professional engineer
19participating on an evaluation team under this Section must not
20have any financial or contractual relationship with an offeror
21or other source that would constitute a conflict of interest.
22The contracting authority or executive agency facility may pay
23a reasonable fee for evaluation of the proposal or include the
24fee as part of the payments made under subsection (f).
25    (d) Any contracting agency shall coordinate with the Board
26to ensure that there are no conflicts with the proposals and

 

 

SB2400- 98 -LRB099 20210 MLM 44674 b

1current or upcoming Board projects.
2    (e) After evaluating the proposals, a contracting
3authority for an executive agency facility may enter into a
4guaranteed energy savings contract with the best-qualified
5offeror if the contracting authority finds that the amount it
6would spend on the energy conservation measures recommended in
7the proposal would not exceed the amount to be saved in either
8energy or operational costs, or both, within a 20-year period
9from the date of installation if the recommendations in the
10proposal are followed. Contracts let or awarded must be
11published in the volume of the Illinois Procurement Bulletin
12under the authority of the chief procurement officer for the
13Capital Development Board or as otherwise prescribed by
14agreement between the Capital Development Board and the
15contracting authority.
16    (f) The guaranteed energy savings contract shall include
17the contractor's guarantee that either the energy or
18operational cost savings, or both, will meet or exceed within
1920 years the costs of the energy conservation measures. The
20contractor shall reimburse the State for any shortfall of
21guaranteed energy savings projected in the contract. A
22contractor shall provide a sufficient bond, as determined by
23the State, to the contracting authority for the installation
24and the faithful performance of all the measures included in
25the contract. The guaranteed energy savings contract may
26provide for payments over a period of time, not to exceed 20

 

 

SB2400- 99 -LRB099 20210 MLM 44674 b

1years from the date of final installation of the energy
2conservation measures.
3    (g) The contracting authority may enter into an installment
4payment contract or lease purchase agreement with a contractor
5for services solicited under this Section or with a third
6party, as authorized by law, for the funding or financing of
7the purchase and installation of energy conservation measures.
8The State of Illinois may issue certificates evidencing the
9indebtedness incurred pursuant to the contracts. Each contract
10or agreement entered into by a contracting authority pursuant
11to this Section shall be authorized by official action of the
12contracting authority. The authority granted in this Section is
13in addition to any other authority granted by law. If an energy
14audit is performed by an energy services contractor for an
15executive agency facility within the 3 years immediately
16preceding the request for proposals, then the contracting
17authority must publish as a reference document in the
18solicitation for energy conservation measures:
19        (1) an executive summary of the energy audit, provided
20    that the contracting authority and executive agency
21    facility may exclude any proprietary or trademarked
22    information or practices; or
23        (2) the energy audit, provided that the contracting
24    authority and executive agency facility may redact any
25    proprietary or trademarked information or practices.
26    An executive agency facility or contracting authority may

 

 

SB2400- 100 -LRB099 20210 MLM 44674 b

1not withhold the disclosure of information related to: (i) the
2executive agency facility's consumption of energy, (ii) the
3physical condition of the executive agency's facilities, and
4(iii) any limitations prescribed by the executive agency
5facility or contracting authority.
6    (h) Guaranteed energy savings contracts may extend beyond
7the fiscal year in which they become effective. The agency
8responsible for payments under such a contract shall include in
9its annual budget and appropriations measures for each
10subsequent fiscal year any amounts payable under guaranteed
11energy savings contracts during that fiscal year.
12    (i) In cooperation with the contracting authority, the
13executive agency facility shall document the operational and
14energy cost savings specified in the guaranteed energy savings
15contract and designate and appropriate that amount for an
16annual payment of the contract. If the annual energy savings
17are less than projected under the guaranteed energy savings
18contract the contractor shall pay the difference as provided in
19subsection (f) of this Section.
20    (j) An executive agency facility or contracting authority
21may use funds designated for operating or capital expenditures
22for any guaranteed energy savings contract including purchases
23using installment payment contracts or lease purchase
24agreements. An executive agency facility or contracting
25authority that enters into such a contract or agreement may
26covenant in the contract or agreement that payments made under

 

 

SB2400- 101 -LRB099 20210 MLM 44674 b

1the contract or agreement shall be payable from the first funds
2legally available in each fiscal year.
3    (k) Operating and maintenance funds and other amounts
4appropriated for distribution to or reimbursement of an
5executive agency facility or contracting authority shall not be
6reduced as a result of energy savings realized from a
7guaranteed energy savings contract or a lease purchase
8agreement for the purchase and installation of energy
9conservation measures.
10    (l) Other State laws and related administrative
11requirements apply to this Article, including, but not limited
12to, the following laws and related administrative
13requirements: the Illinois Human Rights Act, the Prevailing
14Wage Act, the Public Construction Bond Act, the Employment of
15Illinois Workers on Public Works Act, the Freedom of
16Information Act, the Open Meetings Act, the Illinois
17Architecture Practice Act of 1989, the Professional
18Engineering Practice Act of 1989, the Structural Engineering
19Practice Act of 1989, the Local Government Professional
20Services Selection Act, and the Contractor Unified License and
21Permit Bond Act.
22    (m) In order to protect the integrity of historic
23buildings, no provision of this Section shall be interpreted to
24require the implementation of energy conservation measures
25that conflict with respect to any property eligible for,
26nominated to, or entered on the National Register of Historic

 

 

SB2400- 102 -LRB099 20210 MLM 44674 b

1Places, pursuant to the federal National Historic Preservation
2Act of 1966, or the Illinois Register of Historic Places,
3pursuant to the Illinois Historic Preservation Act.
4State purchasing officers may enter into energy conservation
5program contracts that provide for utility cost savings. The
6chief procurement officer shall promulgate and adopt rules for
7the implementation of this Section.
8(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
9    (30 ILCS 500/25-65)
10    Sec. 25-65. Contracts performed outside the United States.
11Prior to contracting or as a requirement of solicitation of any
12State contracts for services as defined in Section 1-15.90,
13whichever is appropriate, potential contractors shall disclose
14in a statement of work where services will be performed under
15that contract, including any subcontracts, and whether any
16services under that contract, including any subcontracts, are
17anticipated to be performed outside the United States.
18    In awarding the contract or evaluating the bid or offer,
19the chief procurement officer or, if the procurement is under
20the authority of a designated procurement officer, the
21applicable designated procurement officer may consider such
22disclosure and the economic impact to the State of Illinois and
23its residents.
24    If the chief procurement officer or applicable designated
25procurement officer awards a contract to a vendor based upon

 

 

SB2400- 103 -LRB099 20210 MLM 44674 b

1disclosure that work will be performed in the United States and
2during the term of the contract the contractor or a
3subcontractor proceeds to shift work outside of the United
4States, the contractor shall be deemed in breach of contract,
5unless the chief procurement officer or applicable designated
6procurement officer shall have first determined in writing that
7circumstances require the shift of work or that termination of
8the contract would not be in the State's best interest.
9    Nothing in this Section is intended to contravene any
10existing treaty, law, agreement, or regulation of the United
11States.
12    The chief procurement officer appointed pursuant to
13paragraph (4) of subsection (a) of Section 10-20 shall prepare
14and deliver to the General Assembly, no later than September 1,
152015, a report on the impact of outsourcing services for State
16agencies subject to the jurisdiction of the chief procurement
17officer. The report shall include the State's cost of
18procurement and shall identify those contracts where it was
19disclosed that services were provided outside of the United
20States, including a description and value of those services.
21Each State agency subject to the jurisdiction of the chief
22procurement officer appointed pursuant to paragraph (4) of
23subsection (a) of Section 10-20 must provide the chief
24procurement officer the information necessary to comply with
25this Section on or before June 1, 2015. The requirement for
26reporting to the General Assembly shall be satisfied by filing

 

 

SB2400- 104 -LRB099 20210 MLM 44674 b

1copies of the report in the manner provided by Section 3.1 of
2the General Assembly Organization Act.
3(Source: P.A. 98-1076, eff. 1-1-15.)
 
4    (30 ILCS 500/25-81 new)
5    Sec. 25-81. Governmental contracts. The chief procurement
6officer or, if the procurement is under the authority of a
7designated procurement officer, the designated procurement
8officer may authorize, when in the best interest of the State,
9a State agency to procure supplies and services without any
10method of source selection otherwise required by this Code from
11a vendor with a current contract with any other governmental
12unit as defined in Section 1 of the Governmental Joint
13Purchasing Act or from a governmental procurement cooperative
14or procurement consortium. The intended contract must have been
15procured pursuant to competitive selection procedures which
16meet the approval of the chief procurement officer or, if the
17procurement is under the authority of a designated procurement
18officer, the applicable designated procurement officer.
19Details of the determination and intent to use a federal
20government contract shall be published in the appropriate
21volume of the Illinois Procurement Bulletin for a period of 14
22days prior to execution of the new contract. Contracts
23resulting from this process shall contain all statutory
24provisions required by Illinois law.
 

 

 

SB2400- 105 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/30-35)
2    Sec. 30-35. Expenditure in excess of contract price.
3    (a) Germaneness. No funds in excess of the contract price
4may be obligated or expended unless the additional work to be
5performed or materials to be furnished is germane to the
6original contract. If germane to the contract Even if germane
7to the original contract, no additional expenditures or
8obligations may, in their total combined amounts, be in excess
9of the percentages of the original contract amount set forth in
10subsection (b) unless they have received the prior written
11approval of the construction agency. In the event that the
12total of the combined additional expenditures or obligations
13exceeds the percentages of the original contract amount set
14forth in subsection (b), the construction agency shall
15investigate all the additional expenditures or obligations in
16excess of the original contract amount and shall in writing
17approve or disapprove subsequent expenditures or obligations
18and state in detail the reasons for the approval or
19disapproval.
20    (b) (Blank). Written determination required. When the
21contract amount is no more than $75,000, the percentage shall
22be 9% (maximum $6,750). When the contract amount is between
23$75,001 and $200,000, the percentage shall be 7% of the amount
24above $75,000 plus $6,750, but not to exceed 7% of $200,000
25(maximum $14,000). When the contract amount is between $200,001
26and $500,000, the percentage shall be 5% of the amount above

 

 

SB2400- 106 -LRB099 20210 MLM 44674 b

1$200,000 plus $14,000, but not to exceed 5% of $500,000
2(maximum $25,000). When the contract amount is in excess of
3$500,000, the percentage shall be 3% of the amount above
4$500,000 plus $25,000.
5(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
6    (30 ILCS 500/35-5)
7    Sec. 35-5. Application. All professional and artistic
8services authorized under a separate Act may shall be procured
9in accordance with the provisions of this Article.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
11    (30 ILCS 500/35-10)
12    Sec. 35-10. Authority. The chief procurement officer and
13each designated procurement officer Each State purchasing
14officer, under the supervision of his or her respective chief
15procurement officer, has the authority to select, according to
16the provisions of this Article, his or her own professional and
17artistic services.
18(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
19    (30 ILCS 500/35-15)
20    Sec. 35-15. Prequalification.
21    (a) The chief procurement officer or, if the procurement is
22under the authority of a designated procurement officer, the
23applicable designated procurement officer for matters other

 

 

SB2400- 107 -LRB099 20210 MLM 44674 b

1than construction and the higher education chief procurement
2officer shall each develop appropriate and reasonable
3prequalification standards and categories of professional and
4artistic services.
5    (b) The prequalifications and categorizations shall be
6submitted to the Procurement Policy Board and published for
7public comment prior to their submission to the Joint Committee
8on Administrative Rules for approval.
9    (c) The chief procurement officer or, if the procurement is
10under the authority of a designated procurement officer, the
11applicable designated procurement for matters other than
12construction and the higher education chief procurement
13officer shall each also assemble and maintain a comprehensive
14list of prequalified and categorized businesses and persons.
15    (d) Prequalification shall not be used to bar or prevent
16any qualified business or person from for bidding or responding
17to invitations for bid or proposal.
18(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
19    (30 ILCS 500/35-20)
20    Sec. 35-20. Uniformity in procurement.
21    (a) The chief procurement officer and each designated
22procurement officer for matters other than construction and the
23higher education chief procurement officer shall utilize each
24develop, cause to be printed, and distribute uniform documents
25for the solicitation, review, and acceptance of all

 

 

SB2400- 108 -LRB099 20210 MLM 44674 b

1professional and artistic services that are procured under
2their respective procurement authority.
3    (b) The All chief procurement officer and each designated
4procurement officer officers, State purchasing officers, and
5their designees shall use the appropriate uniform procedures
6and forms to procure specified in this Code for all
7professional and artistic services pursuant to this Article.
8    (c) These forms shall include in detail, in writing, at
9least:
10        (1) a description of the goal to be achieved;
11        (2) the services to be performed;
12        (3) the need for the service;
13        (4) the qualifications that are necessary; and
14        (5) a plan for post-performance review.
15(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
16    (30 ILCS 500/35-25)
17    Sec. 35-25. Uniformity in contract.
18    (a) The chief procurement officer and each designated for
19matters other than construction and the higher education chief
20procurement officer shall utilize each develop, cause to be
21printed, and distribute uniform documents for the contracting
22of professional and artistic services that are procured under
23their respective procurement authority.
24    (b) All chief procurement officers, and each designated
25procurement officer, State purchasing officers, and their

 

 

SB2400- 109 -LRB099 20210 MLM 44674 b

1designees shall use the appropriate uniform contracts and forms
2in contracting for all professional and artistic services.
3    (c) These contracts and forms shall include in detail, in
4writing, at least:
5        (1) the detail listed in subsection (c) of Section
6    35-20;
7        (2) the duration of the contract, with a schedule of
8    delivery, when applicable;
9        (3) the method for charging and measuring cost (hourly,
10    per day, etc.);
11        (4) the rate of remuneration; and
12        (5) the maximum price or, for contracts where a group
13    of offerors is qualified as part of prequalified pool, unit
14    or hourly pricing for the individual offerors.
15(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
16    (30 ILCS 500/35-30)
17    Sec. 35-30. Awards.
18    (a) Except as otherwise provided in this Section, all All
19State contracts for professional and artistic services that are
20entered into pursuant to this Article , except as provided in
21this Section, shall be awarded using the competitive request
22for proposal process outlined in this Section.
23    (b) (Blank). For each contract offered, the chief
24procurement officer, State purchasing officer, or his or her
25designee shall use the appropriate standard solicitation forms

 

 

SB2400- 110 -LRB099 20210 MLM 44674 b

1available from the chief procurement officer for matters other
2than construction or the higher education chief procurement
3officer.
4    (c) Prepared forms shall be submitted to the chief
5procurement officer or, if the procurement is under the
6authority of a designated procurement officer, the applicable
7designated procurement officer for matters other than
8construction or the higher education chief procurement
9officer, whichever is appropriate, for publication in its
10volume of the Illinois Procurement Bulletin and circulation to
11the applicable chief procurement officer for matters other than
12construction or the higher education chief procurement
13officer's list of prequalified vendors. Notice of the offer or
14request for proposal shall appear at least 14 calendar days
15before the response to the offer is due.
16    (d) All interested respondents shall return their
17responses to the chief procurement officer or, if the
18procurement is under the authority of a designated procurement
19officer, the applicable designated procurement officer for
20matters other than construction or the higher education chief
21procurement officer, whichever is appropriate, which shall
22open and record them. The chief procurement officer or, if the
23procurement is under the authority of a designated procurement
24officer, the applicable designated procurement officer for
25matters other than construction or higher education chief
26procurement officer then shall forward the responses, together

 

 

SB2400- 111 -LRB099 20210 MLM 44674 b

1with any information it has available about the qualifications
2and other State work of the respondents for evaluation by the
3purchasing agency.
4    (e) After evaluation, ranking, and selection, the
5responsible chief procurement officer or, if the procurement is
6under the authority of a designated procurement officer, the
7applicable designated procurement officer , State purchasing
8officer, or his or her designee shall notify the chief
9procurement officer for matters other than construction or the
10higher education chief procurement officer, whichever is
11appropriate, of the successful respondent and shall forward a
12copy of the signed contract for the chief procurement officer
13for matters other than construction or higher education chief
14procurement officer's file. The chief procurement officer for
15matters other than construction or higher education chief
16procurement officer shall publish the names of the responsible
17procurement decision-maker, the agency letting the contract,
18the successful respondent or respondents, a contract
19reference, and value of the let contract in the next
20appropriate volume of the applicable Illinois Procurement
21Bulletin.
22    (f) For all professional and artistic contracts that are
23procured in accordance with this Section with annualized value
24that exceeds $25,000, evaluation and ranking by price is are
25required. The Any chief procurement officer or, if the
26procurement is under the authority of a designated procurement

 

 

SB2400- 112 -LRB099 20210 MLM 44674 b

1officer, the applicable designated procurement officer or
2State purchasing officer, but not their designees, may select a
3respondent other than the respondent with the lowest lowest
4respondent by price. In any case, when the contract exceeds the
5$25,000 threshold and the lowest price respondent is not
6selected, the chief procurement officer or, if the procurement
7is under the authority of a designated procurement officer, the
8applicable designated procurement or the State purchasing
9officer shall forward together with the contract notice, which
10shall contain the name of the respondent with the lowest price
11who the low respondent by price was and a written decision as
12to why another respondent was selected to the chief procurement
13officer for matters other than construction or the higher
14education chief procurement officer, whichever is appropriate.
15The chief procurement officer or, if the procurement is under
16the authority of a designated procurement officer, the
17applicable designated procurement officer, whichever is
18appropriate, for matters other than construction or higher
19education chief procurement officer shall publish as provided
20in subsection (e) of Section 35-30, but shall also include in
21the publication notice of the chief procurement officer's or
22designated procurement or State purchasing officer's written
23decision.
24    (g) The chief procurement officer or, if the procurement is
25under the authority of a designated procurement officer, the
26applicable designated procurement officer for matters other

 

 

SB2400- 113 -LRB099 20210 MLM 44674 b

1than construction and higher education chief procurement
2officer may each refine, but not contradict, this Section by
3promulgating rules in accordance with Section 10-6 of this Code
4for submission to the Procurement Policy Board and then to the
5Joint Committee on Administrative Rules. Any refinement shall
6be based on the principles and procedures of the federal
7Architect-Engineer Selection Law, Public Law 92-582 Brooks
8Act, and the Architectural, Engineering, and Land Surveying
9Qualifications Based Selection Act; except that pricing shall
10be an integral part of the selection process.
11(Source: P.A. 98-1076, eff. 1-1-15.)
 
12    (30 ILCS 500/35-35)
13    Sec. 35-35. Exceptions.
14    (a) Exceptions to Section 35-30 are allowed for sole source
15procurements, emergency procurements, and at the discretion of
16the chief procurement officer or, if the procurement is under
17the authority of a designated procurement officer, the
18applicable designated procurement officer the State purchasing
19officer, but not their designees, for professional and artistic
20contracts that are nonrenewable, one year or less in duration,
21and have a value of less than $20,000.
22    (b) All exceptions granted under this Article must still be
23submitted to the chief procurement officer or, if the
24procurement is under the authority of a designated procurement
25officer, the applicable designated procurement officer for

 

 

SB2400- 114 -LRB099 20210 MLM 44674 b

1matters other than construction or the higher education chief
2procurement officer, whichever is appropriate, and published
3as provided for in subsection (f) of Section 35-30, shall name
4the authorizing chief procurement officer or, if the
5procurement is under the authority of a designated procurement
6officer, the applicable designated procurement officer State
7purchasing officer, and shall include a brief explanation of
8the reason for the exception.
9(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
 
10    (30 ILCS 500/35-40)
11    Sec. 35-40. Subcontractors.
12    (a) Any contract granted under this Article shall state
13whether the services of a subcontractor will be used. The
14contract shall include the names and addresses of all
15subcontractors with an annual value of more than $50,000, the
16general type of work to be performed by these subcontractors,
17and the expected amount of money each will receive under the
18contract. Upon the request of the chief procurement officer or,
19if the procurement is under the authority of a designated
20procurement officer, the applicable designated procurement
21officer appointed pursuant to paragraph (2) of subsection (a)
22of Section 10-20, the contractor shall provide the chief
23procurement officer or applicable designated procurement
24officer a copy of a subcontract so identified within 15
25calendar days after the request is made. A subcontractor, or

 

 

SB2400- 115 -LRB099 20210 MLM 44674 b

1contractor on behalf of a subcontractor, may identify
2information that is deemed proprietary or confidential. If the
3chief procurement officer or applicable designated procurement
4officer determines the information is not relevant to the
5primary contract, the chief procurement officer or applicable
6designated procurement officer may excuse the inclusion of the
7information. If the chief procurement officer or applicable
8designated procurement officer determines the information is
9proprietary or could harm the business interest of the
10subcontractor, the chief procurement officer or applicable
11designated procurement officer may, in his or her discretion,
12redact the information. Redacted information shall not become
13part of the public record.
14    (b) If at any time during the term of a contract, a
15contractor adds or changes any subcontractors, he or she shall
16promptly notify, in writing, the chief procurement officer for
17matters other than construction or applicable designated the
18higher education chief procurement officer, whichever is
19appropriate, and the responsible State purchasing officer, or
20their designee of the names and addresses and the expected
21amount of money each new or replaced subcontractor will
22receive. Upon request of the chief procurement officer or
23applicable designated procurement officer appointed pursuant
24to paragraph (2) of subsection (a) of Section 10-20, the
25contractor shall provide the chief procurement officer or
26applicable designated procurement officer a copy of any new or

 

 

SB2400- 116 -LRB099 20210 MLM 44674 b

1amended subcontract so identified within 15 calendar days after
2the request is made.
3    (c) In addition to any other requirements of this Code, a
4subcontract subject to this Section must include all of the
5subcontractor's certifications required by Article 50 of this
6Code.
7    (d) For purposes of this Section, the changes made by this
8amendatory Act of the 98th General Assembly apply to
9procurements solicited on or after the effective date of this
10amendatory Act of the 98th General Assembly.
11(Source: P.A. 98-1076, eff. 1-1-15.)
 
12    (30 ILCS 500/40-15)
13    Sec. 40-15. Method of source selection.
14    (a) Request for information. Except as provided in
15subsections (b) and (c), all State contracts for leases of real
16property or capital improvements shall be awarded by a request
17for information process in accordance with Section 40-20.
18    (b) Other methods. A request for information process need
19not be used in procuring any of the following leases:
20        (1) Property of less than 10,000 square feet with rent
21    of less than $100,000 per year.
22        (2) (Blank).
23        (3) Duration of less than one year that cannot be
24    renewed.
25        (4) Specialized space available at only one location.

 

 

SB2400- 117 -LRB099 20210 MLM 44674 b

1        (5) Renewal or extension of a lease; provided that: (i)
2    the chief procurement officer or, if the procurement is
3    under the authority of a designated procurement officer,
4    the applicable designated procurement officer determines
5    in writing that the renewal or extension is in the best
6    interest of the State; (ii) (blank); the chief procurement
7    officer submits his or her written determination and the
8    renewal or extension to the Board; (iii) (blank); or the
9    Board does not object in writing to the renewal or
10    extension within 30 calendar days after its submission; and
11    (iv) the chief procurement officer or applicable
12    designated procurement officer publishes the renewal or
13    extension in the appropriate volume of the Procurement
14    Bulletin.
15    (c) Leases with governmental units. Leases with other
16governmental units may be negotiated without using the request
17for information process when deemed by the chief procurement
18officer or, if the procurement is under the authority of a
19designated procurement officer, the applicable designated
20procurement officer to be in the best interest of the State.
21(Source: P.A. 98-1076, eff. 1-1-15.)
 
22    (30 ILCS 500/40-20)
23    Sec. 40-20. Request for information.
24    (a) Conditions for use. Leases shall be procured by request
25for information except as otherwise provided in Section 40-15.

 

 

SB2400- 118 -LRB099 20210 MLM 44674 b

1    (b) Form. A request for information shall be issued and
2shall include:
3        (1) the type of property to be leased;
4        (2) the proposed uses of the property;
5        (3) the duration of the lease;
6        (4) the preferred location of the property; and
7        (5) a general description of the configuration
8    desired.
9    (c) Public notice. Public notice of the request for
10information for the availability of real property to lease
11shall be published in the appropriate volume of the Illinois
12Procurement Bulletin at least 14 calendar days before the date
13set forth in the request for receipt of responses and shall
14also be published in similar manner in a newspaper of general
15circulation in the community or communities where the using
16agency is seeking space.
17    (d) Response. The request for information response shall
18consist of written information sufficient to show that the
19respondent can meet minimum criteria set forth in the request.
20The chief procurement officer or, if the procurement is under
21the authority of a designated procurement officer, the
22applicable designated procurement officer State purchasing
23officers may enter into discussions with respondents for the
24purpose of clarifying State needs and the information supplied
25by the respondents. On the basis of the information supplied
26and discussions, if any, the chief procurement officer or, if

 

 

SB2400- 119 -LRB099 20210 MLM 44674 b

1the procurement is under the authority of a designated
2procurement officer, the applicable designated procurement a
3State purchasing officer shall make a written determination
4identifying the responses that meet the minimum criteria set
5forth in the request for information. Negotiations shall be
6entered into with all qualified respondents for the purpose of
7securing a lease that is in the best interest of the State. A
8written report of the negotiations shall be retained in the
9lease files and shall include the reasons for the final
10selection. All leases shall be reduced to writing; one copy
11shall be filed with the Comptroller in accordance with the
12provisions of Section 20-80, and one copy shall be filed with
13the Board.
14    When the lowest response by price is not selected, the
15State purchasing officer shall forward to the chief procurement
16officer, along with the lease, notice of the identity of the
17lowest respondent by price and written reasons for the
18selection of a different response. The chief procurement
19officer or, if the procurement is under the authority of a
20designated procurement officer, the applicable designated
21procurement officer shall publish the written reasons for the
22selection of a different response in the next volume of the
23applicable Illinois Procurement Bulletin.
24    (e) (Blank). Board review. Upon receipt of (1) any proposed
25lease of real property of 10,000 or more square feet or (2) any
26proposed lease of real property with annual rent payments of

 

 

SB2400- 120 -LRB099 20210 MLM 44674 b

1$100,000 or more, the Procurement Policy Board shall have 30
2calendar days to review the proposed lease. If the Board does
3not object in writing within 30 calendar days, then the
4proposed lease shall become effective according to its terms as
5submitted. The leasing agency shall make any and all materials
6available to the Board to assist in the review process.
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    (30 ILCS 500/40-25)
9    Sec. 40-25. Length of leases.
10    (a) Maximum term. Leases shall be for a term not to exceed
1110 years inclusive, beginning January, 1, 2010, of proposed
12contract renewals and shall include a termination option in
13favor of the State after 5 years.
14    (b) Renewal. Leases may include a renewal option. An option
15to renew may be exercised only when the chief procurement
16officer or, if the procurement is under the authority of a
17designated procurement officer, the applicable designated
18procurement a State purchasing officer determines in writing
19that renewal is in the best interest of the State and notice of
20the exercise of the option is published in the appropriate
21volume of the Procurement Bulletin at least 60 calendar days
22prior to the exercise of the option.
23    (c) Subject to appropriation. All leases shall recite that
24they are subject to termination and cancellation in any year
25for which the General Assembly fails to make an appropriation

 

 

SB2400- 121 -LRB099 20210 MLM 44674 b

1to make payments under the terms of the lease.
2    (d) Holdover. Beginning January 1, 2010, no lease may
3continue on a month-to-month or other holdover basis for a
4total of more than 6 months. Beginning July 1, 2010, the
5Comptroller shall withhold payment of leases beyond this
6holdover period.
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    (30 ILCS 500/40-30)
9    Sec. 40-30. Purchase option. Leases Initial leases of all
10space in entire, free-standing buildings shall include an
11option to purchase exerciseable by the State, unless the
12purchasing officer determines that inclusion of such purchase
13option is not in the State's best interest and makes that
14determination in writing along with the reasons for making that
15determination and publishes the written determination in the
16appropriate volume of the Procurement Bulletin. Leases from
17governmental units and not-for-profit entities are exempt from
18the requirements of this Section.
19(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
20    (30 ILCS 500/40-35)
21    Sec. 40-35. Rent without occupancy. Except when deemed by
22the chief procurement officer or, if the procurement is under
23the authority of a designated procurement officer, the
24applicable designated procurement officer Board to be in the

 

 

SB2400- 122 -LRB099 20210 MLM 44674 b

1best interest of the State, no State agency may incur rental
2obligations before occupying the space rented.
3(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
4    (30 ILCS 500/40-55)
5    Sec. 40-55. Lessor's failure to make improvements. Each
6lease must provide for actual or liquidated damages upon the
7lessor's failure to make improvements agreed upon in the lease.
8The actual or liquidated damages shall consist of a reduction
9in lease payments equal to the corresponding percentage of the
10improvement value to the lease value. The actual or liquidated
11damages shall continue until the lessor complies with the lease
12and the improvements are certified by the chief procurement
13officer or, if the procurement is under the authority of a
14designated procurement officer, the applicable designated
15procurement officer and the leasing State agency.
16(Source: P.A. 98-1076, eff. 1-1-15.)
 
17    (30 ILCS 500/45-10)
18    Sec. 45-10. Resident preference bidders and offerors.
19    (a) (Blank). Amount of preference. When a contract is to be
20awarded to the lowest responsible bidder or offeror, a resident
21bidder or offeror shall be allowed a preference as against a
22non-resident bidder or offeror from any state that gives or
23requires a preference to bidders or offerors from that state.
24The preference shall be equal to the preference given or

 

 

SB2400- 123 -LRB099 20210 MLM 44674 b

1required by the state of the non-resident bidder or offeror.
2Further, if only non-resident bidders or offerors are bidding,
3the purchasing agency is within its right to specify that
4Illinois labor and manufacturing locations be used as a part of
5the manufacturing process, if applicable. This specification
6may be negotiated as part of the solicitation process.
7    (a-5) As used in this Section, "Illinois business" means
8any of the following:
9        (1) a business whose principal place of business is
10    located in Illinois;
11        (2) a business that pays a majority of its payroll in
12    dollar volume to Illinois residents; or
13        (3) a business that employs Illinois residents as a
14    majority of its employees.
15    (b) (Blank). Residency. A resident bidder or offeror is a
16person authorized to transact business in this State and having
17a bona fide establishment for transacting business within this
18State where it was actually transacting business on the date
19when any bid for a public contract is first advertised or
20announced. A resident bidder or offeror includes a foreign
21corporation duly authorized to transact business in this State
22that has a bona fide establishment for transacting business
23within this State where it was actually transacting business on
24the date when any bid for a public contract is first advertised
25or announced.
26    (b-5) Invitation for bids.

 

 

SB2400- 124 -LRB099 20210 MLM 44674 b

1        (1) When a purchasing agency issues an invitation for
2    bids pursuant to Section 20-10 of this Code, the chief
3    procurement officer or, if the procurement is under the
4    authority of a designated procurement officer, the
5    applicable designated procurement officer shall award the
6    contract to the lowest responsive and responsible bidder
7    after the following preferences are applied to an Illinois
8    business:
9            (A) a decrease of 5% of the total proposed price by
10        the vendor, resulting in a lower final price for a
11        purchase expected by the purchasing agency to be less
12        than $100,000;
13            (B) a decrease of 3% of the total proposed price by
14        the vendor, resulting in a lower final price for a
15        purchase expected by the purchasing agency to be at
16        least $100,000, but less than $500,000; and
17            (C) a decrease of 1% of the total proposed price by
18        the vendor, resulting in a lower final price for a
19        purchase expected by the purchasing agency to be at
20        least $500,000.
21        (2) If a bidder qualifies as an Illinois business under
22    this Section, and meets the responsiveness and
23    responsibility requirements of the invitation for bids,
24    the preference shall be applied to the Illinois business's
25    bid.
26        (3) If, after applying the preference, the Illinois

 

 

SB2400- 125 -LRB099 20210 MLM 44674 b

1    business proposal becomes the lowest bidder, the chief
2    procurement officer or, if the procurement is under the
3    authority of a designated procurement officer, the
4    applicable designated procurement officer shall award the
5    contract to that bidder.
6    (c) Federal funds. This Section does not apply to any
7contract for any project as to which federal funds are
8available for expenditure when its provisions may be in
9conflict with federal law or federal regulation.
10    (c-5) Request for proposals.
11        (1) Pursuant to subsection (b-5) of this Section, when
12    a purchasing agency issues a request for proposals pursuant
13    to Section 20-15, 5% of the total scoring points shall be
14    awarded to an offeror that qualifies as an Illinois
15    business.
16        (2) If an offeror qualifies as an Illinois business
17    under this Section and meets the responsiveness and
18    responsibility requirements of the request for proposals,
19    the additional preference shall be applied to the Illinois
20    business's proposal.
21        (3) If after applying the preference, the Illinois
22    business's proposal becomes the highest ranked proposal,
23    the chief procurement officer or, if the procurement is
24    under the authority of a designated procurement officer,
25    the applicable designated procurement officer, shall award
26    the contract to that offeror.

 

 

SB2400- 126 -LRB099 20210 MLM 44674 b

1    (d) A business that wants to claim a preference provided
2under this Section must perform the following:
3        (1) State in the business's bid or proposal that the
4    business claims the preference provided by this Section.
5        (2) Provide the following information in response to
6    the invitation for bids or the request for proposals:
7            (A) The location of the business's principal place
8        of business. If the business claims the preference as
9        an Illinois business as described in item (1) of
10        subsection (a-5) of this Section, a statement
11        explaining the reasons the business considers the
12        location named as the business's principal place of
13        business.
14            (B) If the business claims the preference as an
15        Illinois business as described in item (2) of
16        subsection (a-5) of this Section, the business must
17        provide proof of the amount of the business's total
18        payroll and the amount of the business's payroll paid
19        to Illinois residents.
20            (C) If the business claims the preference as an
21        Illinois business as described in item (3) of
22        subsection (a-5) of this Section, the business must
23        provide proof of the number of the business's employees
24        and the number of the business's employees who are
25        Illinois residents.
26(Source: P.A. 98-1076, eff. 1-1-15.)
 

 

 

SB2400- 127 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/45-15)
2    Sec. 45-15. Soybean oil-based ink. Contracts requiring the
3procurement of printing services shall specify the use of
4soybean oil-based ink unless the chief procurement officer or,
5if the procurement is under the authority of a designated
6procurement officer, the applicable designated procurement
7officer a State purchasing officer determines that another type
8of ink is required to assure high quality and reasonable
9pricing of the printed product.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
11    (30 ILCS 500/45-30)
12    Sec. 45-30. Illinois Correctional Industries.
13Notwithstanding anything to the contrary in other law, the
14chief procurement officer or, if a procurement is under the
15authority of a designated procurement officer, the applicable
16designated procurement officer appointed pursuant to paragraph
17(4) of subsection (a) of Section 10-20 shall, in consultation
18with Illinois Correctional Industries, a division of the
19Illinois Department of Corrections (referred to as the
20"Illinois Correctional Industries" or "ICI") determine for all
21State agencies which articles, materials, industry related
22services, food stuffs, and finished goods that are produced or
23manufactured by persons confined in institutions and
24facilities of the Department of Corrections who are

 

 

SB2400- 128 -LRB099 20210 MLM 44674 b

1participating in Illinois Correctional Industries programs
2shall be purchased from Illinois Correctional Industries. The
3chief procurement officer appointed pursuant to paragraph (4)
4of subsection (a) of Section 10-20 shall develop and distribute
5to the various purchasing and using agencies a listing of all
6Illinois Correctional Industries products and procedures for
7implementing this Section.
8(Source: P.A. 98-1076, eff. 1-1-15.)
 
9    (30 ILCS 500/45-35)
10    Sec. 45-35. Facilities for persons with severe
11disabilities.
12    (a) Qualification. Supplies and services may be procured
13without advertising or calling for bids from any qualified
14not-for-profit agency for persons with severe disabilities
15that:
16        (1) complies with Illinois laws governing private
17    not-for-profit organizations;
18        (2) is certified as a sheltered workshop by the Wage
19    and Hour Division of the United States Department of Labor
20    or is an accredited vocational program that provides
21    transition services to youth between the ages of 14 1/2 and
22    22 in accordance with individualized education plans under
23    Section 14-8.03 of the School Code and that provides
24    residential services at a child care institution, as
25    defined under Section 2.06 of the Child Care Act of 1969,

 

 

SB2400- 129 -LRB099 20210 MLM 44674 b

1    or at a group home, as defined under Section 2.16 of the
2    Child Care Act of 1969; and
3        (3) meets the applicable Illinois Department of Human
4    Services just standards.
5    (b) Participation. To participate, the not-for-profit
6agency must have indicated an interest in providing the
7supplies and services, must meet the specifications and needs
8of the using agency, and must set a fair market price.
9    (c) Committee. There is created within the Department of
10Central Management Services a committee to facilitate the
11purchase of products and services of persons so severely
12disabled by a physical, developmental, or mental disability or
13a combination of any of those disabilities that they cannot
14engage in normal competitive employment. This committee is
15called the State Use Committee. The committee shall consist of
16the Director of the Department of Central Management Services
17or his or her designee, the Director of the Department of Human
18Services or his or her designee, one public member representing
19private business who is knowledgeable of the employment needs
20and concerns of persons with developmental disabilities, one
21public member representing private business who is
22knowledgeable of the needs and concerns of rehabilitation
23facilities, one public member who is knowledgeable of the
24employment needs and concerns of persons with developmental
25disabilities, one public member who is knowledgeable of the
26needs and concerns of rehabilitation facilities, and 2 public

 

 

SB2400- 130 -LRB099 20210 MLM 44674 b

1members from a statewide association that represents
2community-based rehabilitation facilities, all appointed by
3the Governor. The public members shall serve 2 year terms,
4commencing upon appointment and every 2 years thereafter. A
5public member may be reappointed, and vacancies shall be filled
6by appointment for the completion of the term. In the event
7there is a vacancy on the Committee, the Governor must make an
8appointment to fill that vacancy within 30 calendar days after
9the notice of vacancy. The members shall serve without
10compensation but shall be reimbursed for expenses at a rate
11equal to that of State employees on a per diem basis by the
12Department of Central Management Services. All members shall be
13entitled to vote on issues before the committee.
14    The committee shall have the following powers and duties:
15        (1) To request from any State agency information as to
16    product specification and service requirements in order to
17    carry out its purpose.
18        (2) To meet quarterly or more often as necessary to
19    carry out its purposes.
20        (3) To request a quarterly report from each
21    participating qualified not-for-profit agency for persons
22    with severe disabilities describing the volume of sales for
23    each product or service sold under this Section.
24        (4) To prepare a report for the Governor and General
25    Assembly no later than December 31 of each year. The
26    requirement for reporting to the General Assembly shall be

 

 

SB2400- 131 -LRB099 20210 MLM 44674 b

1    satisfied by following the procedures set forth in Section
2    3.1 of the General Assembly Organization Act.
3        (5) To prepare a publication that lists all supplies
4    and services currently available from any qualified
5    not-for-profit agency for persons with severe
6    disabilities. This list and any revisions shall be
7    distributed to all purchasing agencies.
8        (6) To encourage diversity in supplies and services
9    provided by qualified not-for-profit agencies for persons
10    with severe disabilities and discourage unnecessary
11    duplication or competition among facilities.
12        (7) To develop guidelines to be followed by qualifying
13    agencies for participation under the provisions of this
14    Section. The guidelines shall be developed within 6 months
15    after the effective date of this Code and made available on
16    a nondiscriminatory basis to all qualifying agencies.
17        (8) To review all bids submitted under the provisions
18    of this Section and reject any bid for any purchase that is
19    determined to be substantially more than the purchase would
20    have cost had it been competitively bid.
21        (9) To develop a 5-year plan for increasing the number
22    of products and services purchased from qualified
23    not-for-profit agencies for persons with severe
24    disabilities, including the feasibility of developing
25    mandatory set-aside contracts. This 5-year plan must be
26    developed no later than 180 calendar days after the

 

 

SB2400- 132 -LRB099 20210 MLM 44674 b

1    effective date of this amendatory Act of the 96th General
2    Assembly.
3    (c-5) Conditions for Use. The Each chief procurement
4officer or, if the procurement is under the authority of a
5designated procurement officer, the applicable designated
6procurement officer shall, in consultation with the State Use
7Committee, determine which articles, materials, services, food
8stuffs, and supplies that are produced, manufactured, or
9provided by persons with severe disabilities in qualified
10not-for-profit agencies shall be given preference by
11purchasing agencies procuring those items.
12    (d) Former committee. The committee created under
13subsection (c) shall replace the committee created under
14Section 7-2 of the Illinois Purchasing Act, which shall
15continue to operate until the appointments under subsection (c)
16are made.
17(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
18    (30 ILCS 500/45-40)
19    Sec. 45-40. Gas mileage.
20    (a) Specification. Contracts for the purchase or lease of
21new passenger automobiles, other than station wagons, vans,
22four-wheel drive vehicles, emergency vehicles, and police and
23fire vehicles, shall specify the procurement of a model that,
24according to the most current mileage study published by the
25U.S. Environmental Protection Agency, can achieve at least the

 

 

SB2400- 133 -LRB099 20210 MLM 44674 b

1minimum average fuel economy in miles per gallon imposed upon
2manufacturers of vehicles under Title V of The Motor Vehicle
3Information and Cost Savings Act.
4    (b) Exemptions. The chief procurement officer or, if the
5procurement is under the authority of a designated procurement
6officer, the designated procurement State purchasing officer
7may exempt procurements from the requirement of subsection (a)
8when there is a demonstrated need, submitted in writing, for an
9automobile that does not meet the minimum average fuel economy
10standards. Rules The chief procurement officer shall
11promulgate rules for determining need consistent with the
12intent of this Section shall be adopted in accordance with
13Section 10-6 of this Code.
14(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
15    (30 ILCS 500/45-45)
16    Sec. 45-45. Small businesses.
17    (a) Set-asides. The Each chief procurement officer and each
18designated procurement officer for those procurements that are
19under their respective authority have has authority to
20designate as small business set-asides a fair proportion of
21construction, supply, and service contracts for award to small
22businesses in Illinois. Advertisements for bids or offers for
23those contracts shall specify designation as small business
24set-asides. In awarding the contracts, only bids or offers from
25qualified small businesses shall be considered.

 

 

SB2400- 134 -LRB099 20210 MLM 44674 b

1    (b) Small business. "Small business" means a business that
2is independently owned and operated and that is not dominant in
3its field of operation. The chief procurement officer and each
4designated procurement officer shall establish a detailed
5definition by rule, using in addition to the foregoing criteria
6other criteria, including the number of employees and the
7dollar volume of business. When computing the size status of a
8potential contractor, annual sales and receipts of the
9potential contractor and all of its affiliates shall be
10included. The maximum number of employees and the maximum
11dollar volume that a small business may have under the rules
12promulgated under Section 10-6 of this Code by the chief
13procurement officer may vary from industry to industry to the
14extent necessary to reflect differing characteristics of those
15industries, subject to the following limitations:
16        (1) No wholesale business is a small business if its
17    annual sales for its most recently completed fiscal year
18    exceed $13,000,000.
19        (2) No retail business or business selling services is
20    a small business if its annual sales and receipts exceed
21    $8,000,000.
22        (3) No manufacturing business is a small business if it
23    employs more than 250 persons.
24        (4) No construction business is a small business if its
25    annual sales and receipts exceed $14,000,000.
26    (c) Fair proportion. For the purpose of subsection (a), for

 

 

SB2400- 135 -LRB099 20210 MLM 44674 b

1State agencies of the executive branch, a fair proportion of
2construction contracts shall be no less than 25% nor more than
340% of the annual total contracts for construction.
4    (d) Withdrawal of designation. A small business set-aside
5designation may be withdrawn by the purchasing agency when
6deemed in the best interests of the State. Upon withdrawal, all
7bids or offers shall be rejected, and the bidders or offerors
8shall be notified of the reason for rejection. The contract
9shall then be awarded in accordance with this Code without the
10designation of small business set-aside.
11    (e) Small business specialist. The chief procurement
12officer and each designated procurement officer shall
13designate an individual a State purchasing officer who will be
14responsible for engaging an experienced contract negotiator to
15serve as its small business specialist. The small business
16specialists shall collectively work together to accomplish the
17following duties , whose duties shall include:
18        (1) Compiling and maintaining a comprehensive list of
19    potential small contractors. In this duty, he or she shall
20    cooperate with the Federal Small Business Administration
21    in locating potential sources for various products and
22    services.
23        (2) Assisting small businesses in complying with the
24    procedures for bidding on State contracts.
25        (3) Examining requests from State agencies for the
26    purchase of property or services to help determine which

 

 

SB2400- 136 -LRB099 20210 MLM 44674 b

1    invitations to bid are to be designated small business
2    set-asides.
3        (4) Making recommendations to the chief procurement
4    officer for the simplification of specifications and terms
5    in order to increase the opportunities for small business
6    participation.
7        (5) Assisting in investigations by purchasing agencies
8    to determine the responsibility of bidders or offerors on
9    small business set-asides.
10    (f) Small business annual report. Each small business
11specialist The State purchasing officer designated under
12subsection (e) shall annually before December 1 report in
13writing to the General Assembly concerning the awarding of
14contracts to small businesses. The report shall include the
15total value of awards made in the preceding fiscal year under
16the designation of small business set-aside. The report shall
17also include the total value of awards made to businesses owned
18by minorities, females, and persons with disabilities, as
19defined in the Business Enterprise for Minorities, Females, and
20Persons with Disabilities Act, in the preceding fiscal year
21under the designation of small business set-aside.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report as required by
24Section 3.1 of the General Assembly Organization Act.
25(Source: P.A. 98-1076, eff. 1-1-15.)
 

 

 

SB2400- 137 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/45-57)
2    Sec. 45-57. Veterans.
3    (a) Set-aside goal. It is the goal of the State to promote
4and encourage the continued economic development of small
5businesses owned and controlled by qualified veterans and that
6qualified service-disabled veteran-owned small businesses
7(referred to as SDVOSB) and veteran-owned small businesses
8(referred to as VOSB) participate in the State's procurement
9process as both prime contractors and subcontractors. Not less
10than 3% of the total dollar amount of State contracts, as
11defined by the Director of Central Management Services, shall
12be established as a goal to be awarded to SDVOSB and VOSB. That
13portion of a contract under which the contractor subcontracts
14with a SDVOSB or VOSB may be counted toward the goal of this
15subsection. The Department of Central Management Services
16shall adopt rules to implement compliance with this subsection
17by all State agencies.
18    (b) Fiscal year reports. By each September 1, each
19designated procurement chief procurement officer shall report
20to the chief procurement officer Department of Central
21Management Services on all of the following for the immediately
22preceding fiscal year, and by each March 1 the Department of
23Central Management Services shall compile and report that
24information to the General Assembly:
25        (1) The total number of VOSB, and the number of SDVOSB,
26    who submitted bids for contracts under this Code.

 

 

SB2400- 138 -LRB099 20210 MLM 44674 b

1        (2) The total number of VOSB, and the number of SDVOSB,
2    who entered into contracts with the State under this Code
3    and the total value of those contracts.
4    (c) Yearly review and recommendations. Each year, the each
5chief procurement officer and each designated procurement
6officer shall review the progress of all State agencies under
7its jurisdiction in meeting the goal described in subsection
8(a), with input from statewide veterans' service organizations
9and from the business community, including businesses owned by
10qualified veterans, and shall make recommendations to be
11included in the Department of Central Management Services'
12report to the General Assembly regarding continuation,
13increases, or decreases of the percentage goal. The
14recommendations shall be based upon the number of businesses
15that are owned by qualified veterans and on the continued need
16to encourage and promote businesses owned by qualified
17veterans.
18    (d) Governor's recommendations. To assist the State in
19reaching the goal described in subsection (a), the Governor
20shall recommend to the General Assembly changes in programs to
21assist businesses owned by qualified veterans.
22    (e) Definitions. As used in this Section:
23    "Armed forces of the United States" means the United States
24Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
25active duty as defined under 38 U.S.C. Section 101. Service in
26the Merchant Marine that constitutes active duty under Section

 

 

SB2400- 139 -LRB099 20210 MLM 44674 b

1401 of federal Public Act 95-202 shall also be considered
2service in the armed forces for purposes of this Section.
3    "Certification" means a determination made by the Illinois
4Department of Veterans' Affairs and the Department of Central
5Management Services that a business entity is a qualified
6service-disabled veteran-owned small business or a qualified
7veteran-owned small business for whatever purpose. A SDVOSB or
8VOSB owned and controlled by females, minorities, or persons
9with disabilities, as those terms are defined in Section 2 of
10the Business Enterprise for Minorities, Females, and Persons
11with Disabilities Act, may also select and designate whether
12that business is to be certified as a "female-owned business",
13"minority-owned business", or "business owned by a person with
14a disability", as defined in Section 2 of the Business
15Enterprise for Minorities, Females, and Persons with
16Disabilities Act.
17    "Control" means the exclusive, ultimate, majority, or sole
18control of the business, including but not limited to capital
19investment and all other financial matters, property,
20acquisitions, contract negotiations, legal matters,
21officer-director-employee selection and comprehensive hiring,
22operation responsibilities, cost-control matters, income and
23dividend matters, financial transactions, and rights of other
24shareholders or joint partners. Control shall be real,
25substantial, and continuing, not pro forma. Control shall
26include the power to direct or cause the direction of the

 

 

SB2400- 140 -LRB099 20210 MLM 44674 b

1management and policies of the business and to make the
2day-to-day as well as major decisions in matters of policy,
3management, and operations. Control shall be exemplified by
4possessing the requisite knowledge and expertise to run the
5particular business, and control shall not include simple
6majority or absentee ownership.
7    "Qualified service-disabled veteran" means a veteran who
8has been found to have 10% or more service-connected disability
9by the United States Department of Veterans Affairs or the
10United States Department of Defense.
11    "Qualified service-disabled veteran-owned small business"
12or "SDVOSB" means a small business (i) that is at least 51%
13owned by one or more qualified service-disabled veterans living
14in Illinois or, in the case of a corporation, at least 51% of
15the stock of which is owned by one or more qualified
16service-disabled veterans living in Illinois; (ii) that has its
17home office in Illinois; and (iii) for which items (i) and (ii)
18are factually verified annually by the Department of Central
19Management Services.
20    "Qualified veteran-owned small business" or "VOSB" means a
21small business (i) that is at least 51% owned by one or more
22qualified veterans living in Illinois or, in the case of a
23corporation, at least 51% of the stock of which is owned by one
24or more qualified veterans living in Illinois; (ii) that has
25its home office in Illinois; and (iii) for which items (i) and
26(ii) are factually verified annually by the Department of

 

 

SB2400- 141 -LRB099 20210 MLM 44674 b

1Central Management Services.
2    "Service-connected disability" means a disability incurred
3in the line of duty in the active military, naval, or air
4service as described in 38 U.S.C. 101(16).
5    "Small business" means a business that has annual gross
6sales of less than $75,000,000 as evidenced by the federal
7income tax return of the business. A firm with gross sales in
8excess of this cap may apply to the Department of Central
9Management Services for certification for a particular
10contract if the firm can demonstrate that the contract would
11have significant impact on SDVOSB or VOSB as suppliers or
12subcontractors or in employment of veterans or
13service-disabled veterans.
14    "State agency" has the same meaning as in Section 2 of the
15Business Enterprise for Minorities, Females, and Persons with
16Disabilities Act.
17    "Time of hostilities with a foreign country" means any
18period of time in the past, present, or future during which a
19declaration of war by the United States Congress has been or is
20in effect or during which an emergency condition has been or is
21in effect that is recognized by the issuance of a Presidential
22proclamation or a Presidential executive order and in which the
23armed forces expeditionary medal or other campaign service
24medals are awarded according to Presidential executive order.
25    "Veteran" means a person who (i) has been a member of the
26armed forces of the United States or, while a citizen of the

 

 

SB2400- 142 -LRB099 20210 MLM 44674 b

1United States, was a member of the armed forces of allies of
2the United States in time of hostilities with a foreign country
3and (ii) has served under one or more of the following
4conditions: (a) the veteran served a total of at least 6
5months; (b) the veteran served for the duration of hostilities
6regardless of the length of the engagement; (c) the veteran was
7discharged on the basis of hardship; or (d) the veteran was
8released from active duty because of a service connected
9disability and was discharged under honorable conditions.
10    (f) Certification program. The Illinois Department of
11Veterans' Affairs and the Department of Central Management
12Services shall work together to devise a certification
13procedure to assure that businesses taking advantage of this
14Section are legitimately classified as qualified
15service-disabled veteran-owned small businesses or qualified
16veteran-owned small businesses.
17    (g) Penalties.
18        (1) Administrative penalties. The chief procurement
19    officers appointed pursuant to Section 10-20 shall suspend
20    any person who commits a violation of Section 17-10.3 or
21    subsection (d) of Section 33E-6 of the Criminal Code of
22    2012 relating to this Section from bidding on, or
23    participating as a contractor, subcontractor, or supplier
24    in, any State contract or project for a period of not less
25    than 3 years, and, if the person is certified as a
26    service-disabled veteran-owned small business or a

 

 

SB2400- 143 -LRB099 20210 MLM 44674 b

1    veteran-owned small business, then the Department shall
2    revoke the business's certification for a period of not
3    less than 3 years. An additional or subsequent violation
4    shall extend the periods of suspension and revocation for a
5    period of not less than 5 years. The suspension and
6    revocation shall apply to the principals of the business
7    and any subsequent business formed or financed by, or
8    affiliated with, those principals.
9        (2) Reports of violations. Each State agency shall
10    report any alleged violation of Section 17-10.3 or
11    subsection (d) of Section 33E-6 of the Criminal Code of
12    2012 relating to this Section to the chief procurement
13    officers or a designated procurement officer appointed
14    pursuant to Section 10-20. The chief procurement officer or
15    designated procurement officer officers appointed pursuant
16    to Section 10-20 shall subsequently report all such alleged
17    violations to the Attorney General, who shall determine
18    whether to bring a civil action against any person for the
19    violation.
20        (3) List of suspended persons. The chief procurement
21    officer and designated procurement officers appointed
22    pursuant to Section 10-20 shall monitor the status of all
23    reported violations of Section 17-10.3 or subsection (d) of
24    Section 33E-6 of the Criminal Code of 1961 or the Criminal
25    Code of 2012 relating to this Section and shall maintain
26    and make available to all State agencies a central listing

 

 

SB2400- 144 -LRB099 20210 MLM 44674 b

1    of all persons that committed violations resulting in
2    suspension.
3        (4) Use of suspended persons. During the period of a
4    person's suspension under paragraph (1) of this
5    subsection, a State agency shall not enter into any
6    contract with that person or with any contractor using the
7    services of that person as a subcontractor.
8        (5) Duty to check list. Each State agency shall check
9    the central listing provided by the chief procurement
10    officer and designated procurement officers appointed
11    pursuant to Section 10-20 under paragraph (3) of this
12    subsection to verify that a person being awarded a contract
13    by that State agency, or to be used as a subcontractor or
14    supplier on a contract being awarded by that State agency,
15    is not under suspension pursuant to paragraph (1) of this
16    subsection.
17(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
1898-307, eff. 8-12-13; 98-1076, eff. 1-1-15.)
 
19    (30 ILCS 500/45-67)
20    Sec. 45-67. Encouragement to hire qualified veterans. The A
21chief procurement officer or, if the procurement is under the
22authority of a designated procurement officer, the applicable
23designated procurement officer may, as part of any
24solicitation, encourage potential contractors to consider
25hiring qualified veterans and to notify them of any available

 

 

SB2400- 145 -LRB099 20210 MLM 44674 b

1financial incentives or other advantages associated with
2hiring such persons. In establishing internal guidelines in
3furtherance of this Section, the Department of Central
4Management Services may work with an interagency advisory
5committee consisting of representatives from the Department of
6Veterans Affairs, the Department of Employment Security, the
7Department of Commerce and Economic Opportunity, and the
8Department of Revenue and consisting of 8 members of the
9General Assembly, 2 of whom are appointed by the Speaker of the
10House of Representatives, 2 of whom are appointed by the
11President of the Senate, 2 of whom are appointed by the
12Minority Leader of the House of Representatives, and 2 of whom
13are appointed by the Minority Leader of the Senate.
14    For the purposes of this Section, "qualified veteran" means
15an Illinois resident who: (i) was a member of the Armed Forces
16of the United States, a member of the Illinois National Guard,
17or a member of any reserve component of the Armed Forces of the
18United States; (ii) served on active duty in connection with
19Operation Desert Storm, Operation Enduring Freedom, or
20Operation Iraqi Freedom; and (iii) was honorably discharged.
21    The Department of Central Management Services must report
22to the Governor and to the General Assembly by December 31 of
23each year on the activities undertaken by the chief procurement
24officer, designated procurement officer, officers and the
25Department of Central Management Services to encourage
26potential contractors to consider hiring qualified veterans.

 

 

SB2400- 146 -LRB099 20210 MLM 44674 b

1The report must include the number of vendors who have hired
2qualified veterans. Each designated procurement officer must
3provide the Department of Central Management Services with the
4information needed to provide the report to the Governor and
5the General Assembly.
6(Source: P.A. 98-1076, eff. 1-1-15.)
 
7    (30 ILCS 500/45-70)
8    Sec. 45-70. Encouragement to hire ex-offenders. The A chief
9procurement officer or, if the procurement is under the
10authority of a designated procurement officer, the applicable
11designated procurement officer may, as part of any
12solicitation, encourage potential contractors to consider
13hiring Illinois residents discharged from any Illinois adult
14correctional center, in appropriate circumstances, and to
15notify them of any available financial incentives or other
16advantages associated with hiring such persons. In
17establishing internal guidelines in furtherance of this
18Section, the Department of Central Management Services may work
19with an interagency advisory committee consisting of
20representatives from the Department of Corrections, the
21Department of Employment Security, the Department of Juvenile
22Justice, the Department of Commerce and Economic Opportunity,
23and the Department of Revenue and consisting of 8 members of
24the General Assembly, 2 of whom are appointed by the Speaker of
25the House of Representatives, 2 of whom are appointed by the

 

 

SB2400- 147 -LRB099 20210 MLM 44674 b

1President of the Senate, 2 of whom are appointed by the
2Minority Leader of the House of Representatives, and 2 of whom
3are appointed by the Minority Leader of the Senate.
4    The Department of Central Management Services must report
5to the Governor and to the General Assembly by December 31 of
6each year on the activities undertaken by chief procurement
7officers and each designated procurement officers and the
8Department of Central Management Services to encourage
9potential contractors to consider hiring Illinois residents
10who have been discharged from an Illinois adult correctional
11center. The report must include the number of vendors who have
12hired Illinois residents who have been discharged from any
13Illinois adult correctional center. Each designated
14procurement officer must provide the Department of Central
15Management Services with the information needed to provide the
16report to the Governor and the General Assembly.
17(Source: P.A. 98-1076, eff. 1-1-15.)
 
18    (30 ILCS 500/50-1)
19    Sec. 50-1. Purpose. It is the express duty of the all chief
20procurement officers, designated procurement State purchasing
21officers, and their designees to maximize the value of the
22expenditure of public moneys in procuring goods, services, and
23contracts for the State of Illinois and to act in a manner that
24maintains the integrity and public trust of State government.
25In discharging this duty, they are charged to use all available

 

 

SB2400- 148 -LRB099 20210 MLM 44674 b

1information, reasonable efforts, and reasonable actions to
2protect, safeguard, and maintain the procurement process of the
3State of Illinois.
4(Source: P.A. 90-572, eff. 2-6-98.)
 
5    (30 ILCS 500/50-2)
6    Sec. 50-2. Continuing disclosure; false certification.
7Every person that has entered into a multi-year contract for
8more than one year in duration for the initial term or for any
9renewal term and every subcontractor with a multi-year
10subcontract shall certify, by January July 1 of each fiscal
11year covered by the contract after the initial fiscal year, to
12the responsible chief procurement officer or, if the
13procurement is under the authority of a designated procurement
14officer, the applicable designated procurement officer of any
15changes that affect its ability whether it continues to satisfy
16the requirements of this Article pertaining to eligibility for
17a contract award. If a contractor or subcontractor continues to
18meet all requirements of this Article, it shall not be required
19to submit any certification or if the work under the contract
20has been substantially completed before contract expiration
21but the contract has not yet expired. If a contractor or
22subcontractor is not able to truthfully certify that it
23continues to meet all requirements, it shall provide with its
24certification a detailed explanation of the circumstances
25leading to the change in certification status. A contractor or

 

 

SB2400- 149 -LRB099 20210 MLM 44674 b

1subcontractor that makes a false statement material to any
2given certification required under this Article is, in addition
3to any other penalties or consequences prescribed by law,
4subject to liability under the Illinois False Claims Act for
5submission of a false claim.
6(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
7for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
 
8    (30 ILCS 500/50-5)
9    Sec. 50-5. Bribery.
10    (a) Prohibition. No person or business shall be awarded a
11contract or subcontract under this Code who:
12        (1) has been convicted under the laws of Illinois or
13    any other state of bribery or attempting to bribe an
14    officer or employee of the State of Illinois or any other
15    state in that officer's or employee's official capacity; or
16        (2) has made an admission of guilt of that conduct that
17    is a matter of record but has not been prosecuted for that
18    conduct.
19    (b) Businesses. No business shall be barred from
20contracting with any unit of State or local government, or
21subcontracting under such a contract, as a result of a
22conviction under this Section of any employee or agent of the
23business if the employee or agent is no longer employed by the
24business and:
25        (1) the business has been finally adjudicated not

 

 

SB2400- 150 -LRB099 20210 MLM 44674 b

1    guilty; or
2        (2) the business demonstrates to the governmental
3    entity with which it seeks to contract or which is a
4    signatory to the contract to which the subcontract relates,
5    and that entity finds that the commission of the offense
6    was not authorized, requested, commanded, or performed by a
7    director, officer, or high managerial agent on behalf of
8    the business as provided in paragraph (2) of subsection (a)
9    of Section 5-4 of the Criminal Code of 2012.
10    (c) Conduct on behalf of business. For purposes of this
11Section, when an official, agent, or employee of a business
12committed the bribery or attempted bribery on behalf of the
13business and in accordance with the direction or authorization
14of a responsible official of the business, the business shall
15be chargeable with the conduct.
16    (d) Certification. Every bid or offer submitted to every
17contract executed by the State, every subcontract subject to
18Section 20-120 of this Code, and every vendor's submission to a
19vendor portal shall contain a certification by the bidder,
20offeror, potential contractor, contractor, or the
21subcontractor, respectively, that the bidder, offeror,
22potential contractor, contractor or subcontractor is not
23barred from being awarded a contract or subcontract under this
24Section and acknowledges that the chief procurement officer or,
25if the procurement is under the authority of a designated
26procurement officer, the applicable designated procurement

 

 

SB2400- 151 -LRB099 20210 MLM 44674 b

1officer may declare the related contract void if any
2certifications required by this Section are false. If the false
3certification is made by a subcontractor, then the contractor's
4submitted bid or offer and the executed contract may not be
5declared void, unless the contractor refuses to terminate the
6subcontract upon the State's request after a finding that the
7subcontract's certification was false. A bidder, offeror,
8potential contractor, contractor, or subcontractor who makes a
9false statement, material to the certification, commits a Class
103 felony.
11(Source: P.A. 97-895, eff. 8-3-12; 97-1150, eff. 1-25-13;
1298-1076, eff. 1-1-15.)
 
13    (30 ILCS 500/50-10)
14    Sec. 50-10. Felons.
15    (a) Unless otherwise provided, no person or business
16convicted of a felony shall do business with the State of
17Illinois or any State agency, or enter into a subcontract, from
18the date of conviction until 5 years after the date of
19completion of the sentence for that felony, unless no person
20held responsible by a prosecutorial office for the facts upon
21which the conviction was based continues to have any
22involvement with the business. For the purposes of this
23subsection (a), "completion of sentence" means completion of
24all sentencing requirements related to the felony conviction or
25admission and includes, but is not limited to, the following:

 

 

SB2400- 152 -LRB099 20210 MLM 44674 b

1incarceration, mandatory supervised release, probation, court
2supervision, work release, house arrest, or commitment to a
3mental facility.
4    (b) Every bid or offer submitted to the State, every
5contract executed by the State, every subcontract subject to
6Section 20-120 of this Code, and every vendor's submission to a
7vendor portal shall contain a certification by the bidder,
8offeror, potential contractor, contractor, or subcontractor,
9respectively, that the bidder, offeror, potential contractor,
10contractor, or subcontractor is not barred from being awarded a
11contract or subcontract under this Section and acknowledges
12that the chief procurement officer or, if the procurement is
13under the authority of a designated procurement officer, the
14applicable designated procurement officer may declare the
15related contract void if any of the certifications required by
16this Section are false. If the false certification is made by a
17subcontractor, then the contractor's submitted bid or offer and
18the executed contract may not be declared void, unless the
19contractor refuses to terminate the subcontract upon the
20State's request after a finding that the subcontract's
21certification was false.
22(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
23    (30 ILCS 500/50-10.5)
24    Sec. 50-10.5. Prohibited bidders, offerors, potential
25contractors, and contractors.

 

 

SB2400- 153 -LRB099 20210 MLM 44674 b

1    (a) Unless otherwise provided, no business shall bid,
2offer, enter into a contract or subcontract under this Code, or
3make a submission to a vendor portal if the business or any
4officer, director, partner, or other managerial agent of the
5business has been convicted of a felony under the
6Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
7the Illinois Securities Law of 1953 for a period of 5 years
8from the date of conviction.
9    (b) Every bid and offer submitted to the State, every
10contract executed by the State, every vendor's submission to a
11vendor portal, and every subcontract subject to Section 20-120
12of this Code shall contain a certification by the bidder,
13offeror, potential contractor, contractor, or subcontractor,
14respectively, that the bidder, offeror, potential contractor,
15contractor, or subcontractor is not barred from being awarded a
16contract or subcontract under this Section and acknowledges
17that the chief procurement officer or, if the procurement is
18under the authority of a designated procurement officer, the
19applicable designated procurement officer shall declare the
20related contract void if any of the certifications completed
21pursuant to this subsection (b) are false. If the false
22certification is made by a subcontractor, then the contractor's
23submitted bid or offer and the executed contract may not be
24declared void, unless the contractor refuses to terminate the
25subcontract upon the State's request after a finding that the
26subcontract's certification was false.

 

 

SB2400- 154 -LRB099 20210 MLM 44674 b

1    (c) If a business is not a natural person, the prohibition
2in subsection (a) applies only if:
3        (1) the business itself is convicted of a felony
4    referenced in subsection (a); or
5        (2) the business is ordered to pay punitive damages
6    based on the conduct of any officer, director, partner, or
7    other managerial agent who has been convicted of a felony
8    referenced in subsection (a).
9    (d) A natural person who is convicted of a felony
10referenced in subsection (a) remains subject to Section 50-10.
11    (e) No person or business shall bid, offer, make a
12submission to a vendor portal, or enter into a contract under
13this Code if the person or business assisted an employee of the
14State of Illinois, who, by the nature of his or her duties, has
15the authority to participate personally and substantially in
16the decision to award a State contract, by reviewing, drafting,
17directing, or preparing any invitation for bids, a request for
18proposal, or request for information or provided similar
19assistance except as part of a publicly issued opportunity to
20review drafts of all or part of these documents.
21    This subsection does not prohibit a person or business from
22submitting a bid or offer or entering into a contract if the
23person or business: (i) initiates a communication with an
24employee to provide general information about products,
25services, or industry best practices, and, if applicable, that
26communication is documented in accordance with Section 50-39 or

 

 

SB2400- 155 -LRB099 20210 MLM 44674 b

1(ii) responds to a communication initiated by an employee of
2the State for the purposes of providing information to evaluate
3new products, trends, services, or technologies, or (iii) asks
4for clarification regarding a contract solicitation so long as
5there is no competitive advantage to the person or business.
6    Nothing in this Section prohibits a vendor developing
7technology, goods, or services from bidding or offering to
8supply that technology or those goods or services if the
9subject demonstrated to the State represents industry trends
10and innovation and is not specifically designed to meet the
11State's needs.
12    Nothing in this Section prohibits a person performing
13construction related services from initiating contact with a
14business that performs construction for the purpose of
15obtaining market costs or production time to determine the
16estimated cost to complete the construction project.
17    For purposes of this subsection (e), "business" includes
18all individuals with whom a business is affiliated, including,
19but not limited to, any officer, agent, employee, consultant,
20independent contractor, director, partner, or manager of a
21business.
22    No person or business shall submit specifications to a
23State agency unless requested to do so by an employee of the
24State. No person or business who contracts with a State agency
25to write specifications for a particular procurement need shall
26submit a bid or proposal or receive a contract for that

 

 

SB2400- 156 -LRB099 20210 MLM 44674 b

1procurement need.
2(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
3    (30 ILCS 500/50-11)
4    Sec. 50-11. Debt delinquency.
5    (a) No person shall submit a bid or offer for, enter into a
6contract or subcontract under this Code, or make a submission
7to a vendor portal if that person knows or should know that he
8or she or any affiliate is delinquent in the payment of any
9debt to the State, unless the person or affiliate has entered
10into a deferred payment plan to pay off the debt. For purposes
11of this Section, the phrase "delinquent in the payment of any
12debt" shall be determined by the Debt Collection Bureau. For
13purposes of this Section, the term "affiliate" means any entity
14that (1) directly, indirectly, or constructively controls
15another entity, (2) is directly, indirectly, or constructively
16controlled by another entity, or (3) is subject to the control
17of a common entity. For purposes of this subsection (a), a
18person controls an entity if the person owns, directly or
19individually, more than 10% of the voting securities of that
20entity. As used in this subsection (a), the term "voting
21security" means a security that (1) confers upon the holder the
22right to vote for the election of members of the board of
23directors or similar governing body of the business or (2) is
24convertible into, or entitles the holder to receive upon its
25exercise, a security that confers such a right to vote. A

 

 

SB2400- 157 -LRB099 20210 MLM 44674 b

1general partnership interest is a voting security.
2    (b) Every bid and offer submitted to the State, every
3vendor's submission to a vendor portal, every contract executed
4by the State and every subcontract subject to Section 20-120 of
5this Code shall contain a certification by the bidder, offeror,
6potential contractor, contractor, or subcontractor,
7respectively, that the bidder, offeror, respondent, potential
8contractor, contractor or the subcontractor and its affiliate
9is not barred from being awarded a contract or subcontract
10under this Section and acknowledges that the chief procurement
11officer or, if the procurement is under the authority of a
12designated procurement officer, the applicable designated
13procurement officer may declare the related contract void if
14any of the certifications completed pursuant to this subsection
15(b) are false. If the false certification is made by a
16subcontractor, then the contractor's submitted bid or offer and
17the executed contract may not be declared void, unless the
18contractor refuses to terminate the subcontract upon the
19State's request after a finding that the subcontract's
20certification was false.
21(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
22    (30 ILCS 500/50-12)
23    Sec. 50-12. Collection and remittance of Illinois Use Tax.
24    (a) No person shall enter into a contract with a State
25agency or enter into a subcontract under this Code unless the

 

 

SB2400- 158 -LRB099 20210 MLM 44674 b

1person and all affiliates of the person collect and remit
2Illinois Use Tax on all sales of tangible personal property
3into the State of Illinois in accordance with the provisions of
4the Illinois Use Tax Act regardless of whether the person or
5affiliate is a "retailer maintaining a place of business within
6this State" as defined in Section 2 of the Use Tax Act. For
7purposes of this Section, the term "affiliate" means any entity
8that (1) directly, indirectly, or constructively controls
9another entity, (2) is directly, indirectly, or constructively
10controlled by another entity, or (3) is subject to the control
11of a common entity. For purposes of this subsection (a), an
12entity controls another entity if it owns, directly or
13individually, more than 10% of the voting securities of that
14entity. As used in this subsection (a), the term "voting
15security" means a security that (1) confers upon the holder the
16right to vote for the election of members of the board of
17directors or similar governing body of the business or (2) is
18convertible into, or entitles the holder to receive upon its
19exercise, a security that confers such a right to vote. A
20general partnership interest is a voting security.
21    (b) Every bid and offer submitted to the State, every
22submission to a vendor portal, every contract executed by the
23State and every subcontract subject to Section 20-120 of this
24Code shall contain a certification by the bidder, offeror,
25potential contractor, contractor, or subcontractor,
26respectively, that the bidder, offeror, respondent, potential

 

 

SB2400- 159 -LRB099 20210 MLM 44674 b

1contractor, contractor, or subcontractor is not barred from
2bidding for or entering into a contract under subsection (a) of
3this Section and acknowledges that the chief procurement
4officer or, if the procurement is under the authority of a
5designated procurement officer, the applicable designated
6procurement officer may declare the related contract void if
7any of the certifications completed pursuant to this subsection
8(b) are false. If the false certification is made by a
9subcontractor, then the contractor's submitted bid or offer and
10the executed contract may not be declared void, unless the
11contractor refuses to terminate the subcontract upon the
12State's request after a finding that the subcontract's
13certification was false.
14(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
15    (30 ILCS 500/50-20)
16    Sec. 50-20. Exemptions. The appropriate chief procurement
17officer or, if the procurement is under the authority of a
18designated procurement officer, the applicable designated
19procurement officer may file a request with the Executive
20Ethics Commission to exempt named individuals from the
21prohibitions of Section 50-13 when, in his or her judgment, the
22public interest in having the individual in the service of the
23State outweighs the public policy evidenced in that Section.
24The Executive Ethics Commission may grant an exemption after a
25public hearing at which any person may present testimony. The

 

 

SB2400- 160 -LRB099 20210 MLM 44674 b

1chief procurement officer or, if the procurement is under the
2authority of a designated procurement officer, the applicable
3designated procurement officer shall publish notice of the
4date, time, and location of the hearing in the online
5electronic Bulletin at least 14 calendar days prior to the
6hearing and provide notice to the individual subject to the
7waiver and the Procurement Policy Board. The Executive Ethics
8Commission shall also provide public notice of the date, time,
9and location of the hearing on its website. If the Commission
10grants an exemption, the exemption is effective only if it is
11filed with the Secretary of State and the Comptroller prior to
12the execution of any contract and includes a statement setting
13forth the name of the individual and all the pertinent facts
14that would make that Section applicable, setting forth the
15reason for the exemption, and declaring the individual exempted
16from that Section. Notice of each exemption shall be published
17in the Illinois Procurement Bulletin. A contract for which a
18waiver has been issued but has not been filed in accordance
19with this Section is voidable by the State. The changes to this
20Section made by this amendatory Act of the 96th General
21Assembly shall apply to exemptions granted on or after its
22effective date.
23(Source: P.A. 98-1076, eff. 1-1-15.)
 
24    (30 ILCS 500/50-21)
25    Sec. 50-21. Bond issuances.

 

 

SB2400- 161 -LRB099 20210 MLM 44674 b

1    (a) A State agency shall not enter into a contract with
2respect to the issuance of bonds or other securities by the
3State or a State agency with any entity that uses an
4independent consultant.
5    As used in this subsection, "independent consultant" means
6a person used by the entity to obtain or retain securities
7business through direct or indirect communication by the person
8with a State official or employee on behalf of the entity when
9the communication is undertaken by the person in exchange for
10or with the understanding of receiving payment from the entity
11or another person. "Independent consultant" does not include
12(i) a finance professional employed by the entity or (ii) a
13person whose sole basis of compensation from the entity is the
14actual provision of legal, accounting, or engineering advice,
15services, or assistance in connection with the securities
16business that the entity seeks to obtain or retain.
17    (b) Prior to entering into a contract with a State agency
18with respect to the issuance of bonds or other securities by
19the State or a State agency, a contracting party subject to the
20Municipal Securities Rulemaking Board's Rule G-37, or a
21successor rule, shall include a certification that the
22contracting entity is and shall remain for the duration of the
23contract in compliance with the Rule's requirements for
24reporting political contributions. Subsequent failure to
25remain in compliance shall make the contract voidable by the
26State.

 

 

SB2400- 162 -LRB099 20210 MLM 44674 b

1    (c) If a federal agency finds that an entity has knowingly
2violated in Illinois the Municipal Securities Rulemaking
3Board's Rule G-37 (or any successor rule) with respect to the
4making of prohibited political contributions or payments, then
5the chief procurement officer or, if the procurement is under
6the authority of a designated procurement officer, the
7applicable designated procurement officer shall impose a
8penalty that is at least twice the fine assessed against that
9entity by the federal agency. The chief procurement officer or
10designated procurement officer shall also bar that entity from
11participating in any State agency contract with respect to the
12issuance of bonds or other securities for a period of one year.
13The one-year period shall begin upon the expiration of any
14debarment period imposed by a federal agency. If no debarment
15is imposed by a federal agency, then the one-year period shall
16begin on the date the chief procurement officer or applicable
17designated procurement officer is advised of the violation.
18    If a federal agency finds that an entity has knowingly
19violated in Illinois the Municipal Securities Rulemaking
20Board's Rule G-38 (or any successor rule) with respect to the
21prohibition on obtaining or retaining municipal securities
22business, then the chief procurement officer or applicable
23designated procurement officer shall bar that entity from
24participating in any State agency contract with respect to the
25issuance of bonds or other securities for a period of one year.
26The one-year period shall begin upon the expiration of any

 

 

SB2400- 163 -LRB099 20210 MLM 44674 b

1debarment period imposed by a federal agency. If no debarment
2is imposed by a federal agency, then the one-year period shall
3begin on the date the chief procurement officer or designated
4procurement officer is advised of the violation.
5    (d) Nothing in this Section shall be construed to apply
6retroactively, but shall apply prospectively on and after the
7effective date of this amendatory Act of the 96th General
8Assembly.
9(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
10for the effective date of P.A. 96-795).)
 
11    (30 ILCS 500/50-30)
12    Sec. 50-30. Revolving door prohibition.
13        (a) Chief procurement officers and designated
14procurement officers , State purchasing officers, procurement
15compliance monitors, their designees whose principal duties
16are directly related to State procurement, and executive
17officers confirmed by the Senate are expressly prohibited for a
18period of 2 years after terminating an affected position from
19engaging in any procurement activity relating to the State
20agency most recently employing them in an affected position for
21a period of at least 6 months. The prohibition includes but is
22not limited to: lobbying the procurement process; specifying;
23bidding; proposing bid, proposal, or contract documents; on
24their own behalf or on behalf of any firm, partnership,
25association, or corporation. This subsection applies only to

 

 

SB2400- 164 -LRB099 20210 MLM 44674 b

1persons who terminate an affected position on or after January
215, 1999.
3    (b) In addition to any other provisions of this Code,
4employment of former State employees is subject to the State
5Officials and Employees Ethics Act.
6(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
7for the effective date of changes made by P.A. 96-795).)
 
8    (30 ILCS 500/50-35)
9    Sec. 50-35. Financial disclosure and potential conflicts
10of interest.
11    (a) All bids and offers from responsive bidders, offerors,
12vendors, or contractors with an annual value of more than
13$50,000, and all submissions to a vendor portal, shall be
14accompanied by disclosure of the financial interests of the
15bidder, offeror, potential contractor, or contractor and each
16subcontractor to be used. In addition, all subcontracts
17identified as provided by Section 20-120 of this Code with an
18annual value of more than $50,000 shall be accompanied by
19disclosure of the financial interests of each subcontractor.
20The financial disclosure of each successful bidder, offeror,
21potential contractor, or contractor and its subcontractors
22shall be incorporated as a material term of the contract and
23shall become part of the publicly available contract or
24procurement file maintained by the appropriate chief
25procurement officer or, if the procurement is under the

 

 

SB2400- 165 -LRB099 20210 MLM 44674 b

1authority of a designated procurement officer, the applicable
2designated procurement officer. Each disclosure under this
3Section shall be signed and made under penalty of perjury by an
4authorized officer or employee on behalf of the bidder,
5offeror, potential contractor, contractor, or subcontractor,
6and must be filed with the Procurement Policy Board.
7    (b) Disclosure shall be made by include any individual with
8an ownership or distributive income share that is in excess of
95%, or an amount greater than 60% of the annual salary of the
10Governor, of the disclosing entity or its parent entity,
11whichever is less, unless the bidder, offeror, potential
12contractor, contractor, or subcontractor (i) is a publicly
13traded entity subject to Federal 10K reporting, in which case
14it may submit its 10K disclosure in place of the prescribed
15disclosure, or (ii) is a privately held entity that is exempt
16from Federal 10k reporting but has more than 100 shareholders,
17in which case it may submit the information that Federal 10k
18reporting companies are required to report under 17 CFR 229.401
19and list the names of any person or entity holding a direct any
20ownership share that is in excess of 5% in place of the
21prescribed disclosure. The form of disclosure shall be
22prescribed by the applicable chief procurement officer or, if
23the procurement is under the authority of a designated
24procurement officer, the applicable designated procurement
25officer and must include at least the names and , addresses,
26and dollar or proportionate share of ownership of each person

 

 

SB2400- 166 -LRB099 20210 MLM 44674 b

1identified in this Section, their instrument of ownership or
2beneficial relationship, and notice of any potential conflict
3of interest resulting from the current ownership or beneficial
4relationship of each individual identified in this Section
5having in addition any of the following relationships for each
6person or entity so identified:
7        (1) State employment, currently or in the previous 3
8    years, including contractual employment of services.
9        (2) State employment of spouse, father, mother, son, or
10    daughter, including contractual employment for services in
11    the previous 2 years.
12        (3) Elective status; the holding of elective office of
13    the State of Illinois, the government of the United States,
14    any unit of local government authorized by the Constitution
15    of the State of Illinois or the statutes of the State of
16    Illinois currently or in the previous 3 years.
17        (4) Relationship to anyone holding elective office
18    currently or in the previous 2 years; spouse, father,
19    mother, son, or daughter.
20        (5) Appointive office; the holding of any appointive
21    government office of the State of Illinois, the United
22    States of America, or any unit of local government
23    authorized by the Constitution of the State of Illinois or
24    the statutes of the State of Illinois, which office
25    entitles the holder to compensation in excess of expenses
26    incurred in the discharge of that office currently or in

 

 

SB2400- 167 -LRB099 20210 MLM 44674 b

1    the previous 3 years.
2        (6) Relationship to anyone holding appointive office
3    currently or in the previous 2 years; spouse, father,
4    mother, son, or daughter.
5        (7) Employment, currently or in the previous 3 years,
6    as or by any registered lobbyist of the State government.
7        (8) Relationship to anyone who is or was a registered
8    lobbyist in the previous 2 years; spouse, father, mother,
9    son, or daughter.
10        (9) Compensated employment, currently or in the
11    previous 3 years, by any registered election or re-election
12    committee registered with the Secretary of State or any
13    county clerk in the State of Illinois, or any political
14    action committee registered with either the Secretary of
15    State or the Federal Board of Elections.
16        (10) Relationship to anyone; spouse, father, mother,
17    son, or daughter; who is or was a compensated employee in
18    the last 2 years of any registered election or re-election
19    committee registered with the Secretary of State or any
20    county clerk in the State of Illinois, or any political
21    action committee registered with either the Secretary of
22    State or the Federal Board of Elections.
23    (b-1) The disclosure required under this Section must also
24include the name and address of each lobbyist required to
25register under the Lobbyist Registration Act and other agent of
26the bidder, offeror, potential contractor, contractor, or

 

 

SB2400- 168 -LRB099 20210 MLM 44674 b

1subcontractor who is not identified under subsections (a) and
2(b) and who has communicated, is communicating, or may
3communicate with any State officer or employee concerning the
4bid or offer. The disclosure under this subsection is a
5continuing obligation and must be promptly supplemented for
6accuracy throughout the process and throughout the term of the
7contract if the bid or offer is successful.
8    (b-2) The disclosure required under this Section must also
9include, for each of the persons identified in subsection (b)
10or (b-1), each of the following that occurred within the
11previous 10 years: suspension or debarment from contracting
12with any governmental entity; professional licensure
13discipline; bankruptcies; adverse civil judgments and
14administrative findings; and criminal felony convictions. The
15disclosure under this subsection is a continuing obligation and
16must be promptly supplemented for accuracy throughout the
17process and throughout the term of the contract if the bid or
18offer is successful.
19    (c) The disclosure in subsection (b) is not intended to
20prohibit or prevent any contract. The disclosure is meant to
21fully and publicly disclose any potential conflict to the chief
22procurement officers, designated procurement State purchasing
23officers, their designees, and executive officers so they may
24adequately discharge their duty to protect the State.
25    (d) When a relationship or interest reported pursuant to
26this Section could reasonably be perceived as unfairly or

 

 

SB2400- 169 -LRB099 20210 MLM 44674 b

1unduly influencing the award of a contract, potential for a
2conflict of interest is identified, discovered, or reasonably
3suspected, the chief procurement officer or, if the procurement
4is under the authority of a designated procurement officer, the
5applicable designated procurement officer or State procurement
6officer shall send the contract to the Procurement Policy
7Board. In accordance with the objectives of subsection (c), if
8the Procurement Policy Board finds evidence of a potential
9conflict of interest not originally disclosed by the bidder,
10offeror, potential contractor, contractor, or subcontractor,
11the Board shall provide written notice to the bidder, offeror,
12potential contractor, contractor, or subcontractor that is
13identified, discovered, or reasonably suspected of having a
14potential conflict of interest. The bidder, offeror, potential
15contractor, contractor, or subcontractor shall have 15
16calendar days to respond in writing to the Board, and a hearing
17before the Board will be granted upon request by the bidder,
18offeror, potential contractor, contractor, or subcontractor,
19at a date and time to be determined by the Board, but which in
20no event shall occur later than 15 calendar days after the date
21of the request. Upon consideration, the Board shall recommend,
22in writing, whether to allow or void the contract, bid, offer,
23or subcontract weighing the best interest of the State of
24Illinois. All recommendations shall be submitted to the
25Executive Ethics Commission. The Executive Ethics Commission
26may must hold a public hearing within 30 calendar days after

 

 

SB2400- 170 -LRB099 20210 MLM 44674 b

1receiving the chief procurement officer's or designated
2procurement officer's Board's recommendation if the chief
3procurement officer or applicable designated procurement
4officer Procurement Policy Board makes a recommendation to (i)
5void a contract or (ii) void a bid or offer and the chief
6procurement officer selected or intends to award the contract
7to the bidder, offeror, or potential contractor. A chief
8procurement officer is prohibited from awarding a contract
9before a hearing if the Board recommendation does not support a
10bid or offer. The recommendation and proceedings of any
11hearing, if applicable, shall be available to the public.
12    (e) These thresholds and disclosure do not relieve the
13chief procurement officer, designated procurement officers the
14State purchasing officer, or their designees from reasonable
15care and diligence for any contract, bid, offer, or submission
16to a vendor portal. The chief procurement officer, the
17designated procurement officers State purchasing officer, or
18their designees shall be responsible for using any reasonably
19known and publicly available information to discover any
20undisclosed potential conflict of interest and act to protect
21the best interest of the State of Illinois.
22    (f) Inadvertent or accidental failure to fully disclose
23shall render the contract, bid, offer, proposal, subcontract,
24or relationship voidable by the chief procurement officer or,
25if the procurement is under the authority of a designated
26procurement officer, the applicable designated procurement

 

 

SB2400- 171 -LRB099 20210 MLM 44674 b

1officer if he or she deems it in the best interest of the State
2of Illinois and, at his or her discretion, may be cause for
3barring from future contracts, bids, offers, proposals,
4subcontracts, or relationships with the State for a period of
5up to 2 years.
6    (g) Intentional, willful, or material failure to disclose
7shall render the contract, bid, offer, proposal, subcontract,
8or relationship voidable by the chief procurement officer or,
9if the procurement is under the authority of a designated
10procurement officer, the applicable designated procurement
11officer if he or she deems it in the best interest of the State
12of Illinois and shall result in debarment from future
13contracts, bids, offers, proposals, subcontracts, or
14relationships for a period of not less than 2 years and not
15more than 10 years. Reinstatement after 2 years and before 10
16years must be reviewed and commented on in writing by the
17Governor of the State of Illinois, or by an executive ethics
18board or commission he or she might designate. The comment
19shall be returned to the responsible chief procurement officer
20or designated procurement officer who must rule in writing
21whether and when to reinstate.
22    (h) In addition, all disclosures shall note any other
23current or pending contracts, bids, offers, proposals,
24subcontracts, leases, or other ongoing procurement
25relationships the bidder, offeror, potential contractor,
26contractor, or subcontractor has with any other unit of State

 

 

SB2400- 172 -LRB099 20210 MLM 44674 b

1government and shall clearly identify the unit and the
2contract, offer, proposal, lease, or other relationship.
3    (i) (Blank). The bidder, offeror, potential contractor, or
4contractor has a continuing obligation to supplement the
5disclosure required by this Section throughout the bidding
6process during the term of any contract, and during the vendor
7portal registration process.
8(Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12;
998-1076, eff. 1-1-15.)
 
10    (30 ILCS 500/50-36)
11    Sec. 50-36. Disclosure of business in Iran.
12    (a) As used in this Section:
13    "Business operations" means engaging in commerce in any
14form in Iran, including, but not limited to, acquiring,
15developing, maintaining, owning, selling, possessing, leasing,
16or operating equipment, facilities, personnel, products,
17services, personal property, real property, or any other
18apparatus of business or commerce.
19    "Company" means any sole proprietorship, organization,
20association, corporation, partnership, joint venture, limited
21partnership, limited liability partnership, limited liability
22company, or other entity or business association, including all
23wholly owned subsidiaries, majority-owned subsidiaries, parent
24companies, or affiliates of those entities or business
25associations, that exists for the purpose of making profit.

 

 

SB2400- 173 -LRB099 20210 MLM 44674 b

1    "Mineral-extraction activities" include exploring,
2extracting, processing, transporting, or wholesale selling or
3trading of elemental minerals or associated metal alloys or
4oxides (ore), including gold, copper, chromium, chromite,
5diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
6    "Oil-related activities" include, but are not limited to,
7owning rights to oil blocks; exporting, extracting, producing,
8refining, processing, exploring for, transporting, selling, or
9trading of oil; and constructing, maintaining, or operating a
10pipeline, refinery, or other oil-field infrastructure. The
11mere retail sale of gasoline and related consumer products is
12not considered an oil-related activity.
13    "Petroleum resources" means petroleum, petroleum
14byproducts, or natural gas.
15    "Substantial action" means adopting, publicizing, and
16implementing a formal plan to cease scrutinized business
17operations within one year and to refrain from any such new
18business operations.
19    (b) Each bid or offer submitted for a State contract, other
20than a small purchase defined in Section 20-20, shall include a
21disclosure of whether or not the bidder, offeror, or any of its
22corporate parents or subsidiaries, within the 24 months before
23submission of the bid or offer had business operations that
24involved contracts with or provision of supplies or services to
25the Government of Iran, companies in which the Government of
26Iran has any direct or indirect equity share, consortiums or

 

 

SB2400- 174 -LRB099 20210 MLM 44674 b

1projects commissioned by the Government of Iran, or companies
2involved in consortiums or projects commissioned by the
3Government of Iran and:
4        (1) more than 10% of the company's revenues produced in
5    or assets located in Iran involve oil-related activities or
6    mineral-extraction activities; less than 75% of the
7    company's revenues produced in or assets located in Iran
8    involve contracts with or provision of oil-related or
9    mineral-extraction products or services to the Government
10    of Iran or a project or consortium created exclusively by
11    that government; and the company has failed to take
12    substantial action; or
13        (2) the company has, on or after August 5, 1996, made
14    an investment of $20 million or more, or any combination of
15    investments of at least $10 million each that in the
16    aggregate equals or exceeds $20 million in any 12-month
17    period, that directly or significantly contributes to the
18    enhancement of Iran's ability to develop petroleum
19    resources of Iran.
20    (c) A bid or offer that does not include the disclosure
21required by subsection (b) may be given a period after the bid
22or offer is submitted to cure non-disclosure. The A chief
23procurement officer or, if the procurement is under the
24authority of a designated procurement officer, the applicable
25designated procurement officer may consider the disclosure
26when evaluating the bid or offer or awarding the contract.

 

 

SB2400- 175 -LRB099 20210 MLM 44674 b

1    (d) The Each chief procurement officer or, if the
2procurement is under the authority of a designated procurement
3officer, the applicable designated procurement officer shall
4provide the State Comptroller with the name of each entity
5disclosed under subsection (b) as doing business or having done
6business in Iran. The State Comptroller shall post that
7information on his or her official website.
8(Source: P.A. 98-1076, eff. 1-1-15.)
 
9    (30 ILCS 500/50-37)
10    Sec. 50-37. Prohibition of political contributions.
11    (a) As used in this Section:
12        The terms "contract", "State contract", and "contract
13    with a State agency" each mean any contract, as defined in
14    this Code, between a business entity and a State agency let
15    or awarded pursuant to this Code. The terms "contract",
16    "State contract", and "contract with a State agency" do not
17    include cost reimbursement contracts; purchase of care
18    agreements as defined in Section 1-15.68 of this Code;
19    contracts for projects eligible for full or partial
20    federal-aid funding reimbursements authorized by the
21    Federal Highway Administration; grants, including but are
22    not limited to grants for job training or transportation;
23    and grants, loans, or tax credit agreements for economic
24    development purposes.
25        "Contribution" means a contribution as defined in

 

 

SB2400- 176 -LRB099 20210 MLM 44674 b

1    Section 9-1.4 of the Election Code.
2        "Declared candidate" means a person who has filed a
3    statement of candidacy and petition for nomination or
4    election in the principal office of the State Board of
5    Elections.
6        "State agency" means and includes all boards,
7    commissions, agencies, institutions, authorities, and
8    bodies politic and corporate of the State, created by or in
9    accordance with the Illinois Constitution or State
10    statute, of the executive branch of State government and
11    does include colleges, universities, public employee
12    retirement systems, and institutions under the
13    jurisdiction of the governing boards of the University of
14    Illinois, Southern Illinois University, Illinois State
15    University, Eastern Illinois University, Northern Illinois
16    University, Western Illinois University, Chicago State
17    University, Governors State University, Northeastern
18    Illinois University, and the Illinois Board of Higher
19    Education.
20        "Officeholder" means the Governor, Lieutenant
21    Governor, Attorney General, Secretary of State,
22    Comptroller, or Treasurer. The Governor shall be
23    considered the officeholder responsible for awarding all
24    contracts by all officers and employees of, and potential
25    contractors and others doing business with, executive
26    branch State agencies under the jurisdiction of the

 

 

SB2400- 177 -LRB099 20210 MLM 44674 b

1    Executive Ethics Commission and not within the
2    jurisdiction of the Attorney General, the Secretary of
3    State, the Comptroller, or the Treasurer.
4        "Sponsoring entity" means a sponsoring entity as
5    defined in Section 9-3 of the Election Code.
6        "Affiliated person" means (i) any person with any
7    ownership interest or distributive share of the bidding or
8    contracting business entity in excess of 7.5%, (ii)
9    executive employees of the bidding or contracting business
10    entity, and (iii) the spouse of any such persons.
11    "Affiliated person" does not include a person prohibited by
12    federal law from making contributions or expenditures in
13    connection with a federal, state, or local election.
14        "Affiliated entity" means (i) any corporate parent and
15    each operating subsidiary of the bidding or contracting
16    business entity, (ii) each operating subsidiary of the
17    corporate parent of the bidding or contracting business
18    entity, (iii) any organization recognized by the United
19    States Internal Revenue Service as a tax-exempt
20    organization described in Section 501(c) of the Internal
21    Revenue Code of 1986 (or any successor provision of federal
22    tax law) established by the bidding or contracting business
23    entity, any affiliated entity of that business entity, or
24    any affiliated person of that business entity, or (iv) any
25    political committee for which the bidding or contracting
26    business entity, or any 501(c) organization described in

 

 

SB2400- 178 -LRB099 20210 MLM 44674 b

1    item (iii) related to that business entity, is the
2    sponsoring entity. "Affiliated entity" does not include an
3    entity prohibited by federal law from making contributions
4    or expenditures in connection with a federal, state, or
5    local election.
6        "Business entity" means any entity doing business for
7    profit, whether organized as a corporation, partnership,
8    sole proprietorship, limited liability company or
9    partnership, or otherwise.
10        "Executive employee" means (i) the President,
11    Chairman, or Chief Executive Officer of a business entity
12    and any other individual that fulfills equivalent duties as
13    the President, Chairman of the Board, or Chief Executive
14    Officer of a business entity; and (ii) any employee of a
15    business entity whose compensation is determined directly,
16    in whole or in part, by the award or payment of contracts
17    by a State agency to the entity employing the employee. A
18    regular salary that is paid irrespective of the award or
19    payment of a contract with a State agency shall not
20    constitute "compensation" under item (ii) of this
21    definition. "Executive employee" does not include any
22    person prohibited by federal law from making contributions
23    or expenditures in connection with a federal, state, or
24    local election.
25    (b) Any business entity whose contracts with State
26agencies, in the aggregate, annually total more than $50,000,

 

 

SB2400- 179 -LRB099 20210 MLM 44674 b

1and any affiliated entities or affiliated persons of such
2business entity, are prohibited from making any contributions
3to any political committees established to promote the
4candidacy of (i) the officeholder responsible for awarding the
5contracts or (ii) any other declared candidate for that office.
6This prohibition shall be effective for the duration of the
7term of office of the incumbent officeholder awarding the
8contracts or for a period of 2 years following the expiration
9or termination of the contracts, whichever is longer.
10    (c) Any business entity whose aggregate pending bids and
11offers on State contracts total more than $50,000, or whose
12aggregate pending bids and offers on State contracts combined
13with the business entity's aggregate annual total value of
14State contracts exceed $50,000, and any affiliated entities or
15affiliated persons of such business entity, are prohibited from
16making any contributions to any political committee
17established to promote the candidacy of the officeholder
18responsible for awarding the contract on which the business
19entity has submitted a bid or offer during the period beginning
20on the date the invitation for bids, request for proposals, or
21any other procurement opportunity is issued and ending on the
22day after the date the contract is awarded.
23    (c-5) For the purposes of the prohibitions under
24subsections (b) and (c) of this Section, (i) any contribution
25made to a political committee established to promote the
26candidacy of the Governor or a declared candidate for the

 

 

SB2400- 180 -LRB099 20210 MLM 44674 b

1office of Governor shall also be considered as having been made
2to a political committee established to promote the candidacy
3of the Lieutenant Governor, in the case of the Governor, or the
4declared candidate for Lieutenant Governor having filed a joint
5petition, or write-in declaration of intent, with the declared
6candidate for Governor, as applicable, and (ii) any
7contribution made to a political committee established to
8promote the candidacy of the Lieutenant Governor or a declared
9candidate for the office of Lieutenant Governor shall also be
10considered as having been made to a political committee
11established to promote the candidacy of the Governor, in the
12case of the Lieutenant Governor, or the declared candidate for
13Governor having filed a joint petition, or write-in declaration
14of intent, with the declared candidate for Lieutenant Governor,
15as applicable.
16    (d) All contracts between State agencies and a business
17entity that violate subsection (b) or (c) shall be voidable
18under Section 50-60. If a business entity violates subsection
19(b) 3 or more times within a 36-month period, then all
20contracts between State agencies and that business entity shall
21be void, and that business entity shall not bid or respond to
22any invitation to bid or request for proposals from any State
23agency or otherwise enter into any contract with any State
24agency for 3 years from the date of the last violation. A
25notice of each violation and the penalty imposed shall be
26published in both the Procurement Bulletin and the Illinois

 

 

SB2400- 181 -LRB099 20210 MLM 44674 b

1Register.
2    (e) Any political committee that has received a
3contribution in violation of subsection (b) or (c) shall pay an
4amount equal to the value of the contribution to the State no
5more than 30 calendar days after notice of the violation
6concerning the contribution appears in the Illinois Register.
7Payments received by the State pursuant to this subsection
8shall be deposited into the general revenue fund.
9(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
 
10    (30 ILCS 500/50-38)
11    Sec. 50-38. Lobbying restrictions.
12    (a) A person or business that is let or awarded a contract
13is not entitled to receive any payment, compensation, or other
14remuneration from the State to compensate the person or
15business for any expenses related to travel, lodging, or meals
16that are paid by the person or business to any officer, agent,
17employee, consultant, independent contractor, director,
18partner, manager, or shareholder.
19    (b) Any bidder, offeror, potential contractor, or
20contractor on a State contract that hires a person required to
21register under the Lobbyist Registration Act to assist in
22obtaining a contract shall (i) disclose all costs, fees,
23compensation, reimbursements, and other remunerations paid or
24to be paid to the lobbyist related to the contract, (ii) not
25bill or otherwise cause the State of Illinois to pay for any of

 

 

SB2400- 182 -LRB099 20210 MLM 44674 b

1the lobbyist's costs, fees, compensation, reimbursements, or
2other remuneration, and (iii) sign a verification certifying
3that none of the lobbyist's costs, fees, compensation,
4reimbursements, or other remuneration were billed to the State.
5This information, along with all supporting documents, shall be
6filed with the agency awarding the contract and with the
7Secretary of State. The chief procurement officer or, if the
8procurement is under the authority of a designated procurement
9officer, the applicable designated procurement officer shall
10post this information, together with the contract award notice,
11in the appropriate volume of the Illinois online Procurement
12Bulletin.
13    (c) Ban on contingency fee. No person or entity shall
14retain a person or entity required to register under the
15Lobbyist Registration Act to attempt to influence the outcome
16of a procurement decision made under this Code for compensation
17contingent in whole or in part upon the decision or
18procurement. Any person who violates this subsection is guilty
19of a business offense and shall be fined not more than $10,000.
20(Source: P.A. 98-1076, eff. 1-1-15.)
 
21    (30 ILCS 500/50-40)
22    Sec. 50-40. Reporting anticompetitive practices. When, for
23any reason, any vendor, bidder, offeror, potential contractor,
24contractor, chief procurement officer, designated procurement
25State purchasing officer, designee, elected official, or State

 

 

SB2400- 183 -LRB099 20210 MLM 44674 b

1employee suspects collusion or other anticompetitive practice
2among any bidders, offerors, potential contractors,
3contractors, or employees of the State, a notice of the
4relevant facts shall be transmitted to the Attorney General and
5the chief procurement officer or applicable designated
6procurement officer.
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    (30 ILCS 500/50-45)
9    Sec. 50-45. Confidentiality. If the Any chief procurement
10officer, designated procurement officers State purchasing
11officer, their designees designee, or executive officers
12officer who willfully uses or allows the use of specifications,
13competitive solicitation documents, proprietary competitive
14information, contracts, or selection information to compromise
15the fairness or integrity of the procurement or contract
16process he or she shall be subject to immediate dismissal,
17regardless of the Personnel Code, any contract, or any
18collective bargaining agreement, and may in addition be subject
19to criminal prosecution.
20(Source: P.A. 98-1076, eff. 1-1-15.)
 
21    (30 ILCS 500/50-60)
22    Sec. 50-60. Voidable contracts.
23    (a) If any contract or amendment thereto is entered into or
24purchase or expenditure of funds is made at any time in

 

 

SB2400- 184 -LRB099 20210 MLM 44674 b

1violation of this Code or any other law, the contract or
2amendment thereto may be declared void by the chief procurement
3officer or, if the procurement is under the authority of a
4designated procurement officer, the applicable designated
5procurement officer or may be ratified and affirmed, provided
6the chief procurement officer or applicable designated
7procurement officer determines that ratification is in the best
8interests of the State. If the contract is ratified and
9affirmed, it shall be without prejudice to the State's rights
10to any appropriate damages.
11    (b) If, during the term of a contract, the chief
12procurement officer or, if the procurement is under the
13authority of a designated procurement officer, the applicable
14designated procurement officer determines that the contractor
15is delinquent in the payment of debt as set forth in Section
1650-11 of this Code, the chief procurement officer or applicable
17designated procurement officer may declare the contract void if
18it determines that voiding the contract is in the best
19interests of the State. The Debt Collection Bureau shall adopt
20rules for the implementation of this subsection (b).
21    (c) If, during the term of a contract, the chief
22procurement officer or, if the procurement is under the
23authority of a designated procurement officer, the applicable
24designated procurement officer determines that the contractor
25is in violation of Section 50-10.5 of this Code, the chief
26procurement officer or applicable designated procurement

 

 

SB2400- 185 -LRB099 20210 MLM 44674 b

1officer shall declare the contract void.
2    (d) If, during the term of a contract, the contracting
3agency learns from an annual certification or otherwise
4determines that the contractor no longer qualifies to enter
5into State contracts by reason of Section 50-5, 50-10, 50-12,
650-14, or 50-14.5 of this Article, the chief procurement
7officer or, if the procurement is under the authority of a
8designated procurement officer, the applicable designated
9procurement officer may declare the contract void if it
10determines that voiding the contract is in the best interests
11of the State.
12    (e) If, during the term of a contract, the chief
13procurement officer or, if the procurement is under the
14authority of a designated procurement officer, the applicable
15designated procurement officer learns from an annual
16certification or otherwise determines that a subcontractor
17subject to Section 20-120 no longer qualifies to enter into
18State contracts by reason of Section 50-5, 50-10, 50-10.5,
1950-11, 50-12, 50-14, or 50-14.5 of this Article, the chief
20procurement officer or, if the procurement is under the
21authority of a designated procurement officer, the applicable
22designated procurement officer may declare the related
23contract void if it determines that voiding the contract is in
24the best interests of the State. However, the related contract
25shall not be declared void unless the contractor refuses to
26terminate the subcontract upon the State's request after a

 

 

SB2400- 186 -LRB099 20210 MLM 44674 b

1finding that the subcontractor no longer qualifies to enter
2into State contracts by reason of one of the Sections listed in
3this subsection.
4    (f) The changes to this Section made by Public Act 96-795
5apply to actions taken by the chief procurement officer or, if
6the procurement is under the authority of a designated
7procurement officer, the applicable designated procurement
8officer on or after July 1, 2010.
9(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
10Section 5 of P.A. 96-793 for the effective date of changes made
11by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
 
12    (30 ILCS 500/50-65)
13    Sec. 50-65. Suspension. Any contractor or subcontractor
14may be suspended for violation of this Code or for failure to
15conform to specifications or terms of delivery. Suspension
16shall be for cause and may be for a period of up to 10 years at
17the discretion of the applicable chief procurement officer or,
18if the procurement is under the authority of a designated
19procurement officer, the applicable designated procurement
20officer. Contractors or subcontractors may be debarred in
21accordance with rules promulgated by the chief procurement
22officer or as otherwise provided by law.
23(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24for the effective date of changes made by P.A. 96-795).)
 

 

 

SB2400- 187 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/50-75)
2    Sec. 50-75. Other violations.
3    (a) If the Any chief procurement officer, designated
4procurement officers State purchasing officer, or their
5designees designee who willfully violates or allows the
6violation of this Code he or she shall be subject to immediate
7dismissal, regardless of the Personnel Code, any contract, or
8any collective bargaining agreement.
9    (b) Except as otherwise provided in this Code, whoever
10violates this Code or the rules promulgated under it is guilty
11of a Class A misdemeanor.
12(Source: P.A. 90-572, eff. 2-6-98.)
 
13    (30 ILCS 500/50-80 new)
14    Sec. 50-80. Audits. The Auditor General shall perform, no
15less frequently than biennially, separate performance audits,
16as the term is defined in Section 1-14 of the Illinois State
17Auditing Act, of the procurements under the authority of the
18chief procurement officer and each designated procurement
19officer to assess whether sound procurement practices are being
20followed. Additionally, the Auditor General may, at any time,
21review a specific procurement or category of procurements to
22ensure compliance with this Code.
 
23    (30 ILCS 500/1-15.13 rep.)
24    (30 ILCS 500/1-15.105 rep.)

 

 

SB2400- 188 -LRB099 20210 MLM 44674 b

1    (30 ILCS 500/5-25 rep.)
2    (30 ILCS 500/5-30 rep.)
3    (30 ILCS 500/10-10 rep.)
4    (30 ILCS 500/10-15 rep.)
5    (30 ILCS 500/10-20 rep.)
6    (30 ILCS 500/20-5 rep.)
7    (30 ILCS 500/20-150 rep.)
8    (30 ILCS 500/25-10 rep.)
9    (30 ILCS 500/25-200 rep.)
10    (30 ILCS 500/35-150 rep.)
11    (30 ILCS 500/40-10 rep.)
12    (30 ILCS 500/40-150 rep.)
13    (30 ILCS 500/50-39 rep.)
14    (30 ILCS 500/53-150 rep.)
15    Section 25. The Illinois Procurement Code is amended by
16repealing Sections 1-15.13, 1-15.105, 5-25, 5-30, 10-10,
1710-15, 10-20, 20-5, 20-150, 25-10, 25-200, 35-150, 40-10,
1840-150, 50-39, and 53-150.
 
19    Section 30. The Architectural, Engineering, and Land
20Surveying Qualifications Based Selection Act is amended by
21changing Section 45 as follows:
 
22    (30 ILCS 535/45)  (from Ch. 127, par. 4151-45)
23    Sec. 45. Small contracts. The provisions of Sections 25,
2430, and 35 do not apply to architectural, engineering, and land

 

 

SB2400- 189 -LRB099 20210 MLM 44674 b

1surveying contracts with an estimated basic professional
2services fee of less than $75,000 $25,000.
3(Source: P.A. 92-861, eff. 1-3-03.)
 
4    Section 35. The Criminal Code of 2012 is amended by
5changing Sections 33E-2 and 33E-9 as follows:
 
6    (720 ILCS 5/33E-2)  (from Ch. 38, par. 33E-2)
7    Sec. 33E-2. Definitions. In this Act:
8    (a) "Public contract" means any contract for goods,
9services or construction let to any person with or without bid
10by any unit of State or local government.
11    (b) "Unit of State or local government" means the State,
12any unit of state government or agency thereof, any county or
13municipal government or committee or agency thereof, or any
14other entity which is funded by or expends tax dollars or the
15proceeds of publicly guaranteed bonds.
16    (c) "Change order" means a change in a contract term other
17than as specifically provided for in the contract which
18authorizes or necessitates any increase or decrease in the cost
19of the contract or the time to completion.
20    (d) "Person" means any individual, firm, partnership,
21corporation, joint venture or other entity, but does not
22include a unit of State or local government.
23    (e) "Person employed by any unit of State or local
24government" means any employee of a unit of State or local

 

 

SB2400- 190 -LRB099 20210 MLM 44674 b

1government and any person defined in subsection (d) who is
2authorized by such unit of State or local government to act on
3its behalf in relation to any public contract.
4    (f) "Sheltered market" has the meaning ascribed to it in
5Section 8b of the Business Enterprise for Minorities, Females,
6and Persons with Disabilities Act; except that, with respect to
7State contracts set aside for award to service-disabled
8veteran-owned small businesses and veteran-owned small
9businesses pursuant to Section 45-57 of the Illinois
10Procurement Code, "sheltered market" means procurements
11pursuant to that Section.
12    (g) "Kickback" means any money, fee, commission, credit,
13gift, gratuity, thing of value, or compensation of any kind
14which is provided, directly or indirectly, to any prime
15contractor, prime contractor employee, subcontractor, or
16subcontractor employee for the purpose of improperly obtaining
17or rewarding favorable treatment in connection with a prime
18contract or in connection with a subcontract relating to a
19prime contract.
20    (h) "Prime contractor" means any person who has entered
21into a public contract.
22    (i) "Prime contractor employee" means any officer,
23partner, employee, or agent of a prime contractor.
24    (i-5) "Stringing" means knowingly structuring a contract
25or job order to avoid the contract or job order being subject
26to competitive bidding requirements.

 

 

SB2400- 191 -LRB099 20210 MLM 44674 b

1    (j) "Subcontract" means a contract or contractual action
2entered into by a prime contractor or subcontractor for the
3purpose of obtaining goods or services of any kind under a
4prime contract.
5    (k) "Subcontractor" (1) means any person, other than the
6prime contractor, who offers to furnish or furnishes any goods
7or services of any kind under a prime contract or a subcontract
8entered into in connection with such prime contract; and (2)
9includes any person who offers to furnish or furnishes goods or
10services to the prime contractor or a higher tier
11subcontractor.
12    (l) "Subcontractor employee" means any officer, partner,
13employee, or agent of a subcontractor.
14(Source: P.A. 97-260, eff. 8-5-11.)
 
15    (720 ILCS 5/33E-9)  (from Ch. 38, par. 33E-9)
16    Sec. 33E-9. Change orders. Any change order authorized
17under this Section shall be made in writing. Any person
18employed by and authorized by any unit of State or local
19government to approve a change order to any public contract who
20knowingly grants that approval without first obtaining from the
21unit of State or local government on whose behalf the contract
22was signed, or from a designee authorized by that unit of State
23or local government, a determination in writing that (1) the
24circumstances said to necessitate the change in performance
25were not reasonably foreseeable at the time the contract was

 

 

SB2400- 192 -LRB099 20210 MLM 44674 b

1signed, or (2) the change is germane to the original contract
2as signed, or (3) the change order is in the best interest of
3the unit of State or local government and authorized by law,
4commits a Class 4 felony. The written determination and the
5written change order resulting from that determination shall be
6preserved in the contract's file which shall be open to the
7public for inspection. This Section shall only apply to a
8change order or series of change orders which authorize or
9necessitate an increase or decrease in either the cost of a
10public contract by a total of $50,000 $10,000 or more or the
11time of completion by a total of 90 30 days or more.
12(Source: P.A. 86-150; 87-618.)
 
13    Section 40. The Illinois Human Rights Act is amended by
14changing Section 2-101 as follows:
 
15    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
16    Sec. 2-101. Definitions. The following definitions are
17applicable strictly in the context of this Article.
18    (A) Employee.
19        (1) "Employee" includes:
20            (a) Any individual performing services for
21        remuneration within this State for an employer;
22            (b) An apprentice;
23            (c) An applicant for any apprenticeship.
24        For purposes of subsection (D) of Section 2-102 of this

 

 

SB2400- 193 -LRB099 20210 MLM 44674 b

1    Act, "employee" also includes an unpaid intern. An unpaid
2    intern is a person who performs work for an employer under
3    the following circumstances:
4            (i) the employer is not committed to hiring the
5        person performing the work at the conclusion of the
6        intern's tenure;
7            (ii) the employer and the person performing the
8        work agree that the person is not entitled to wages for
9        the work performed; and
10            (iii) the work performed:
11                (I) supplements training given in an
12            educational environment that may enhance the
13            employability of the intern;
14                (II) provides experience for the benefit of
15            the person performing the work;
16                (III) does not displace regular employees;
17                (IV) is performed under the close supervision
18            of existing staff; and
19                (V) provides no immediate advantage to the
20            employer providing the training and may
21            occasionally impede the operations of the
22            employer.
23        (2) "Employee" does not include:
24            (a) Domestic servants in private homes;
25            (b) Individuals employed by persons who are not
26        "employers" as defined by this Act;

 

 

SB2400- 194 -LRB099 20210 MLM 44674 b

1            (c) Elected public officials or the members of
2        their immediate personal staffs;
3            (d) Principal administrative officers of the State
4        or of any political subdivision, municipal corporation
5        or other governmental unit or agency;
6            (e) A person in a vocational rehabilitation
7        facility certified under federal law who has been
8        designated an evaluee, trainee, or work activity
9        client.
10    (B) Employer.
11        (1) "Employer" includes:
12            (a) Any person employing 15 or more employees
13        within Illinois during 20 or more calendar weeks within
14        the calendar year of or preceding the alleged
15        violation;
16            (b) Any person employing one or more employees when
17        a complainant alleges civil rights violation due to
18        unlawful discrimination based upon his or her physical
19        or mental disability unrelated to ability, pregnancy,
20        or sexual harassment;
21            (c) The State and any political subdivision,
22        municipal corporation or other governmental unit or
23        agency, without regard to the number of employees;
24            (d) Any party to a public contract without regard
25        to the number of employees;
26            (e) A joint apprenticeship or training committee

 

 

SB2400- 195 -LRB099 20210 MLM 44674 b

1        without regard to the number of employees.
2        (2) "Employer" does not include any religious
3    corporation, association, educational institution,
4    society, or non-profit nursing institution conducted by
5    and for those who rely upon treatment by prayer through
6    spiritual means in accordance with the tenets of a
7    recognized church or religious denomination with respect
8    to the employment of individuals of a particular religion
9    to perform work connected with the carrying on by such
10    corporation, association, educational institution, society
11    or non-profit nursing institution of its activities.
12    (C) Employment Agency. "Employment Agency" includes both
13public and private employment agencies and any person, labor
14organization, or labor union having a hiring hall or hiring
15office regularly undertaking, with or without compensation, to
16procure opportunities to work, or to procure, recruit, refer or
17place employees.
18    (D) Labor Organization. "Labor Organization" includes any
19organization, labor union, craft union, or any voluntary
20unincorporated association designed to further the cause of the
21rights of union labor which is constituted for the purpose, in
22whole or in part, of collective bargaining or of dealing with
23employers concerning grievances, terms or conditions of
24employment, or apprenticeships or applications for
25apprenticeships, or of other mutual aid or protection in
26connection with employment, including apprenticeships or

 

 

SB2400- 196 -LRB099 20210 MLM 44674 b

1applications for apprenticeships.
2    (E) Sexual Harassment. "Sexual harassment" means any
3unwelcome sexual advances or requests for sexual favors or any
4conduct of a sexual nature when (1) submission to such conduct
5is made either explicitly or implicitly a term or condition of
6an individual's employment, (2) submission to or rejection of
7such conduct by an individual is used as the basis for
8employment decisions affecting such individual, or (3) such
9conduct has the purpose or effect of substantially interfering
10with an individual's work performance or creating an
11intimidating, hostile or offensive working environment.
12    (F) Religion. "Religion" with respect to employers
13includes all aspects of religious observance and practice, as
14well as belief, unless an employer demonstrates that he is
15unable to reasonably accommodate an employee's or prospective
16employee's religious observance or practice without undue
17hardship on the conduct of the employer's business.
18    (G) Public Employer. "Public employer" means the State, an
19agency or department thereof, unit of local government, school
20district, instrumentality or political subdivision.
21    (H) Public Employee. "Public employee" means an employee of
22the State, agency or department thereof, unit of local
23government, school district, instrumentality or political
24subdivision. "Public employee" does not include public
25officers or employees of the General Assembly or agencies
26thereof.

 

 

SB2400- 197 -LRB099 20210 MLM 44674 b

1    (I) Public Officer. "Public officer" means a person who is
2elected to office pursuant to the Constitution or a statute or
3ordinance, or who is appointed to an office which is
4established, and the qualifications and duties of which are
5prescribed, by the Constitution or a statute or ordinance, to
6discharge a public duty for the State, agency or department
7thereof, unit of local government, school district,
8instrumentality or political subdivision.
9    (J) Eligible Bidder. "Eligible bidder" means a person who,
10prior to contract award a bid opening, has filed with the
11Department a properly completed, sworn and currently valid
12employer report form, pursuant to the Department's
13regulations. The provisions of this Article relating to
14eligible bidders apply only to bids on contracts with the State
15and its departments, agencies, boards, and commissions, and the
16provisions do not apply to bids on contracts with units of
17local government or school districts.
18    (K) Citizenship Status. "Citizenship status" means the
19status of being:
20        (1) a born U.S. citizen;
21        (2) a naturalized U.S. citizen;
22        (3) a U.S. national; or
23        (4) a person born outside the United States and not a
24    U.S. citizen who is not an unauthorized alien and who is
25    protected from discrimination under the provisions of
26    Section 1324b of Title 8 of the United States Code, as now

 

 

SB2400- 198 -LRB099 20210 MLM 44674 b

1    or hereafter amended.
2(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
399-78, eff. 7-20-15.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect January
121, 2017.

 

 

SB2400- 199 -LRB099 20210 MLM 44674 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 350/1from Ch. 127, par. 1301
4    20 ILCS 5/5-115was 20 ILCS 5/5.13e
5    30 ILCS 5/3-2from Ch. 15, par. 303-2
6    30 ILCS 5/3-3from Ch. 15, par. 303-3
7    30 ILCS 500/1-5
8    30 ILCS 500/1-10
9    30 ILCS 500/1-12
10    30 ILCS 500/1-13
11    30 ILCS 500/1-13.1 new
12    30 ILCS 500/1-15.12
13    30 ILCS 500/1-15.15
14    30 ILCS 500/1-15.20
15    30 ILCS 500/1-15.38 new
16    30 ILCS 500/1-15.47 new
17    30 ILCS 500/1-15.56 new
18    30 ILCS 500/1-15.70
19    30 ILCS 500/1-15.74 new
20    30 ILCS 500/1-15.107
21    30 ILCS 500/1-15.108
22    30 ILCS 500/5-5
23    30 ILCS 500/10-5
24    30 ILCS 500/10-6 new
25    30 ILCS 500/15-1

 

 

SB2400- 200 -LRB099 20210 MLM 44674 b

1    30 ILCS 500/15-20
2    30 ILCS 500/15-25
3    30 ILCS 500/15-30
4    30 ILCS 500/15-35
5    30 ILCS 500/15-36 new
6    30 ILCS 500/20-10
7    30 ILCS 500/20-16 new
8    30 ILCS 500/20-20
9    30 ILCS 500/20-25
10    30 ILCS 500/20-30
11    30 ILCS 500/20-35
12    30 ILCS 500/20-43
13    30 ILCS 500/20-45
14    30 ILCS 500/20-50
15    30 ILCS 500/20-51 new
16    30 ILCS 500/20-55
17    30 ILCS 500/20-60
18    30 ILCS 500/20-65
19    30 ILCS 500/20-70
20    30 ILCS 500/20-75
21    30 ILCS 500/20-80
22    30 ILCS 500/20-85
23    30 ILCS 500/20-110
24    30 ILCS 500/20-120
25    30 ILCS 500/20-155
26    30 ILCS 500/20-160

 

 

SB2400- 201 -LRB099 20210 MLM 44674 b

1    30 ILCS 500/25-15
2    30 ILCS 500/25-30
3    30 ILCS 500/25-35
4    30 ILCS 500/25-45
5    30 ILCS 500/25-65
6    30 ILCS 500/25-81 new
7    30 ILCS 500/30-35
8    30 ILCS 500/35-5
9    30 ILCS 500/35-10
10    30 ILCS 500/35-15
11    30 ILCS 500/35-20
12    30 ILCS 500/35-25
13    30 ILCS 500/35-30
14    30 ILCS 500/35-35
15    30 ILCS 500/35-40
16    30 ILCS 500/40-15
17    30 ILCS 500/40-20
18    30 ILCS 500/40-25
19    30 ILCS 500/40-30
20    30 ILCS 500/40-35
21    30 ILCS 500/40-55
22    30 ILCS 500/45-10
23    30 ILCS 500/45-15
24    30 ILCS 500/45-30
25    30 ILCS 500/45-35
26    30 ILCS 500/45-40

 

 

SB2400- 202 -LRB099 20210 MLM 44674 b

1    30 ILCS 500/45-45
2    30 ILCS 500/45-57
3    30 ILCS 500/45-67
4    30 ILCS 500/45-70
5    30 ILCS 500/50-1
6    30 ILCS 500/50-2
7    30 ILCS 500/50-5
8    30 ILCS 500/50-10
9    30 ILCS 500/50-10.5
10    30 ILCS 500/50-11
11    30 ILCS 500/50-12
12    30 ILCS 500/50-20
13    30 ILCS 500/50-21
14    30 ILCS 500/50-30
15    30 ILCS 500/50-35
16    30 ILCS 500/50-36
17    30 ILCS 500/50-37
18    30 ILCS 500/50-38
19    30 ILCS 500/50-40
20    30 ILCS 500/50-45
21    30 ILCS 500/50-60
22    30 ILCS 500/50-65
23    30 ILCS 500/50-75
24    30 ILCS 500/50-80 new
25    30 ILCS 500/1-15.13 rep.
26    30 ILCS 500/1-15.105 rep.

 

 

SB2400- 203 -LRB099 20210 MLM 44674 b

1    30 ILCS 500/5-25 rep.
2    30 ILCS 500/5-30 rep.
3    30 ILCS 500/10-10 rep.
4    30 ILCS 500/10-15 rep.
5    30 ILCS 500/10-20 rep.
6    30 ILCS 500/20-5 rep.
7    30 ILCS 500/20-150 rep.
8    30 ILCS 500/25-10 rep.
9    30 ILCS 500/25-200 rep.
10    30 ILCS 500/35-150 rep.
11    30 ILCS 500/40-10 rep.
12    30 ILCS 500/40-150 rep.
13    30 ILCS 500/50-39 rep.
14    30 ILCS 500/53-150 rep.
15    30 ILCS 535/45from Ch. 127, par. 4151-45
16    720 ILCS 5/33E-2from Ch. 38, par. 33E-2
17    720 ILCS 5/33E-9from Ch. 38, par. 33E-9
18    775 ILCS 5/2-101from Ch. 68, par. 2-101