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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 1-10 as follows:
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any provision
12of a contract, entered into based on a solicitation prior to
13the implementation date of this Code as described in Article
1499, including but not limited to any covenant entered into with
15respect to any revenue bonds or similar instruments. All
16procurements for which contracts are solicited between the
17effective date of Articles 50 and 99 and July 1, 1998 shall be
18substantially in accordance with this Code and its intent.
19    (b) This Code shall apply regardless of the source of the
20funds with which the contracts are paid, including federal
21assistance moneys. This Code shall not apply to:
22        (1) Contracts between the State and its political
23    subdivisions or other governments, or between State



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1    governmental bodies except as specifically provided in
2    this Code.
3        (2) Grants, except for the filing requirements of
4    Section 20-80.
5        (3) Purchase of care, except as provided in Section
6    5-30.1 of the Illinois Public Aid Code and this Section.
7        (4) Hiring of an individual as employee and not as an
8    independent contractor, whether pursuant to an employment
9    code or policy or by contract directly with that
10    individual.
11        (5) Collective bargaining contracts.
12        (6) Purchase of real estate, except that notice of this
13    type of contract with a value of more than $25,000 must be
14    published in the Procurement Bulletin within 10 calendar
15    days after the deed is recorded in the county of
16    jurisdiction. The notice shall identify the real estate
17    purchased, the names of all parties to the contract, the
18    value of the contract, and the effective date of the
19    contract.
20        (7) Contracts necessary to prepare for anticipated
21    litigation, enforcement actions, or investigations,
22    provided that the chief legal counsel to the Governor shall
23    give his or her prior approval when the procuring agency is
24    one subject to the jurisdiction of the Governor, and
25    provided that the chief legal counsel of any other
26    procuring entity subject to this Code shall give his or her



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1    prior approval when the procuring entity is not one subject
2    to the jurisdiction of the Governor.
3        (8) Contracts for services to Northern Illinois
4    University by a person, acting as an independent
5    contractor, who is qualified by education, experience, and
6    technical ability and is selected by negotiation for the
7    purpose of providing non-credit educational service
8    activities or products by means of specialized programs
9    offered by the university.
10        (9) Procurement expenditures by the Illinois
11    Conservation Foundation when only private funds are used.
12        (10) Procurement expenditures by the Illinois Health
13    Information Exchange Authority involving private funds
14    from the Health Information Exchange Fund. "Private funds"
15    means gifts, donations, and private grants.
16        (11) Public-private agreements entered into according
17    to the procurement requirements of Section 20 of the
18    Public-Private Partnerships for Transportation Act and
19    design-build agreements entered into according to the
20    procurement requirements of Section 25 of the
21    Public-Private Partnerships for Transportation Act.
22        (12) Contracts for legal, financial, and other
23    professional and artistic services entered into on or
24    before December 31, 2018 by the Illinois Finance Authority
25    in which the State of Illinois is not obligated. Such
26    contracts shall be awarded through a competitive process



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1    authorized by the Board of the Illinois Finance Authority
2    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
3    50-35, and 50-37 of this Code, as well as the final
4    approval by the Board of the Illinois Finance Authority of
5    the terms of the contract.
6        (13) The provisions of this paragraph (13), other than
7    this sentence, are inoperative on and after January 1, 2019
8    or 2 years after the effective date of this amendatory Act
9    of the 99th General Assembly, whichever is later. Contracts
10    for services, commodities, and equipment to support the
11    delivery of timely forensic science services in
12    consultation with and subject to the approval of the Chief
13    Procurement Officer as provided in subsection (d) of
14    Section 5-4-3a of the Unified Code of Corrections, except
15    for the requirements of Sections 20-60, 20-65, 20-70, and
16    20-160 and Article 50 of this Code; however, the Chief
17    Procurement Officer may, in writing with justification,
18    waive any certification required under Article 50 of this
19    Code. For any contracts for services which are currently
20    provided by members of a collective bargaining agreement,
21    the applicable terms of the collective bargaining
22    agreement concerning subcontracting shall be followed.
23    Notwithstanding any other provision of law, contracts
24entered into under item (12) of this subsection (b) shall be
25published in the Procurement Bulletin within 14 calendar days
26after contract execution. The chief procurement officer shall



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1prescribe the form and content of the notice. The Illinois
2Finance Authority shall provide the chief procurement officer,
3on a monthly basis, in the form and content prescribed by the
4chief procurement officer, a report of contracts that are
5related to the procurement of goods and services identified in
6item (12) of this subsection (b). At a minimum, this report
7shall include the name of the contractor, a description of the
8supply or service provided, the total amount of the contract,
9the term of the contract, and the exception to the Code
10utilized. A copy of each of these contracts shall be made
11available to the chief procurement officer immediately upon
12request. The chief procurement officer shall submit a report to
13the Governor and General Assembly no later than November 1 of
14each year that shall include, at a minimum, an annual summary
15of the monthly information reported to the chief procurement
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act.
21    (d) Except for Section 20-160 and Article 50 of this Code,
22and as expressly required by Section 9.1 of the Illinois
23Lottery Law, the provisions of this Code do not apply to the
24procurement process provided for under Section 9.1 of the
25Illinois Lottery Law.
26    (e) This Code does not apply to the process used by the



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1Capital Development Board to retain a person or entity to
2assist the Capital Development Board with its duties related to
3the determination of costs of a clean coal SNG brownfield
4facility, as defined by Section 1-10 of the Illinois Power
5Agency Act, as required in subsection (h-3) of Section 9-220 of
6the Public Utilities Act, including calculating the range of
7capital costs, the range of operating and maintenance costs, or
8the sequestration costs or monitoring the construction of clean
9coal SNG brownfield facility for the full duration of
11    (f) This Code does not apply to the process used by the
12Illinois Power Agency to retain a mediator to mediate sourcing
13agreement disputes between gas utilities and the clean coal SNG
14brownfield facility, as defined in Section 1-10 of the Illinois
15Power Agency Act, as required under subsection (h-1) of Section
169-220 of the Public Utilities Act.
17    (g) This Code does not apply to the processes used by the
18Illinois Power Agency to retain a mediator to mediate contract
19disputes between gas utilities and the clean coal SNG facility
20and to retain an expert to assist in the review of contracts
21under subsection (h) of Section 9-220 of the Public Utilities
22Act. This Code does not apply to the process used by the
23Illinois Commerce Commission to retain an expert to assist in
24determining the actual incurred costs of the clean coal SNG
25facility and the reasonableness of those costs as required
26under subsection (h) of Section 9-220 of the Public Utilities



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2    (h) This Code does not apply to the process to procure or
3contracts entered into in accordance with Sections 11-5.2 and
411-5.3 of the Illinois Public Aid Code.
5    (i) Each chief procurement officer may access records
6necessary to review whether a contract, purchase, or other
7expenditure is or is not subject to the provisions of this
8Code, unless such records would be subject to attorney-client
10    (j) This Code does not apply to the process used by the
11Capital Development Board to retain an artist or work or works
12of art as required in Section 14 of the Capital Development
13Board Act.
14    (k) This Code does not apply to the process to procure
15contracts, or contracts entered into, by the State Board of
16Elections or the State Electoral Board for hearing officers
17appointed pursuant to the Election Code.
18(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1998-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
201-1-15; 99-801, eff. 1-1-17.)
21    Section 10. The Illinois Public Aid Code is amended by
22adding Section 5-30.6 as follows:
23    (305 ILCS 5/5-30.6 new)
24    Sec. 5-30.6. Managed care organization contracts;



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1procurement requirement. Beginning on the effective date of
2this amendatory Act of the 100th General Assembly, any contract
3executed by the Department with a managed care organization as
4defined in Section 5-30.1 shall be procured in accordance with
5the Illinois Procurement Code.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.