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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Commission to End Hunger Act is amended by | ||||||
5 | changing Section 15 as follows: | ||||||
6 | (20 ILCS 5015/15)
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7 | Sec. 15. Members. The Commission to End Hunger shall be | ||||||
8 | composed of no more than 21 voting members including 2 members | ||||||
9 | of the Illinois House of Representatives, one appointed by the | ||||||
10 | Speaker of the House and one appointed by the House Minority | ||||||
11 | Leader; 2 members of the Illinois Senate, one appointed by the | ||||||
12 | Senate President and one appointed by the Senate Minority | ||||||
13 | Leader; one representative of the Office of the Governor | ||||||
14 | appointed by the Governor; one representative of the Office of | ||||||
15 | the Lieutenant Governor appointed by the Lieutenant Governor; | ||||||
16 | and 15 public members, who shall be appointed by the Governor.
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17 | The public members shall include 2 representatives of food | ||||||
18 | banks; 2 representatives from other community food assistance | ||||||
19 | programs; a representative of a statewide organization focused | ||||||
20 | on responding to hunger; a representative from an anti-poverty | ||||||
21 | organization; a representative of an organization that serves | ||||||
22 | or advocates for children and youth; a representative of an | ||||||
23 | organization that serves or advocates for older adults; a |
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1 | representative of an organization that advocates for people | ||||||
2 | who are homeless; a representative of an organization that | ||||||
3 | serves or advocates for persons with disabilities; a | ||||||
4 | representative of an organization that advocates for | ||||||
5 | immigrants; a representative of a municipal or county | ||||||
6 | government; and 3 at-large members. The appointed members | ||||||
7 | shall reflect the racial, gender, and geographic diversity of | ||||||
8 | the State and shall include representation from regions of the | ||||||
9 | State. | ||||||
10 | The following officials shall serve as ex-officio members: | ||||||
11 | the Secretary of Human Services or his or her designee; the | ||||||
12 | State Superintendent of Education or his or her designee; the | ||||||
13 | Director of Healthcare and Family Services or his or her | ||||||
14 | designee; the Director of Children and Family Services or his | ||||||
15 | or her designee; the Director of Aging or his or her designee; | ||||||
16 | the Director of Natural Resources or his or her designee; and | ||||||
17 | the Director of Agriculture or his or her designee. The | ||||||
18 | African-American Family Commission and , the Latino Family | ||||||
19 | Commission , and the Local Food, Farms, and Jobs Council shall | ||||||
20 | each designate a liaison to serve ex-officio on the | ||||||
21 | Commission.
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22 | Members shall serve without compensation and are | ||||||
23 | responsible for the cost of all reasonable and necessary | ||||||
24 | travel expenses connected to Commission business, as the State | ||||||
25 | of Illinois will not reimburse Commission members for these | ||||||
26 | costs.
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1 | Commission members shall be appointed within 60 days after | ||||||
2 | the effective date of this Act. The Commission shall hold | ||||||
3 | their initial meetings within 60 days after at least 50% of the | ||||||
4 | members have been appointed.
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5 | The representative of the Office of the Governor and a | ||||||
6 | representative of a food bank shall serve as co-chairs of the | ||||||
7 | Commission.
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8 | At the first meeting of the Commission, the members shall | ||||||
9 | select a 5-person Steering Committee that includes the | ||||||
10 | co-chairs.
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11 | The Commission may establish committees that address | ||||||
12 | specific issues or populations and may appoint individuals | ||||||
13 | with relevant expertise who are not appointed members of the | ||||||
14 | Commission to serve on committees as needed. | ||||||
15 | The Office of the Governor, or a designee of the | ||||||
16 | Governor's choosing, shall provide guidance to the Commission. | ||||||
17 | Under the leadership of the Office of the Governor, subject to | ||||||
18 | appropriation, the Department of Human Services shall also | ||||||
19 | provide leadership to support the Commission. The Department | ||||||
20 | of Human Services and the State of Illinois shall not incur any | ||||||
21 | costs as a result of the creation of the Commission to End | ||||||
22 | Hunger as the coordination of meetings, report preparation, | ||||||
23 | and other related duties will be completed by a representative | ||||||
24 | of a food bank that is serving as a co-chair of the Commission.
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25 | (Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.) |
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1 | Section 10. The State Finance Act is amended by changing | ||||||
2 | Section 12-2 as follows:
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3 | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
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4 | Sec. 12-2. Travel Regulation Council; State travel | ||||||
5 | reimbursement. | ||||||
6 | (a) The chairmen of the travel control boards established
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7 | by Section 12-1, or their designees, shall together comprise | ||||||
8 | the Travel
Regulation Council. The Travel Regulation Council | ||||||
9 | shall be chaired by the
Director of Central Management | ||||||
10 | Services, who shall be a nonvoting member of
the Council, | ||||||
11 | unless he is otherwise qualified to vote by virtue of being
the | ||||||
12 | designee of a voting member. No later than March 1, 1986, and | ||||||
13 | at least
biennially thereafter, the Council shall adopt State | ||||||
14 | Travel Regulations and
Reimbursement Rates which shall be | ||||||
15 | applicable to all personnel subject to
the jurisdiction of the | ||||||
16 | travel control boards established by Section 12-1.
An | ||||||
17 | affirmative vote of a majority of the members of the Council | ||||||
18 | shall be
required to adopt regulations and reimbursement | ||||||
19 | rates. If the Council
fails to adopt regulations by March 1 of | ||||||
20 | any odd-numbered year, the
Director of Central Management | ||||||
21 | Services shall adopt emergency regulations
and reimbursement | ||||||
22 | rates pursuant to the Illinois Administrative Procedure Act. | ||||||
23 | As soon as practicable after the effective date of this | ||||||
24 | amendatory Act of the 102nd General Assembly, the Travel | ||||||
25 | Regulation Council and the Higher Education Travel Control |
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1 | Board shall adopt amendments to their existing rules to ensure | ||||||
2 | that reimbursement rates for public institutions of higher | ||||||
3 | education, as defined in Section 1-13 of the Illinois | ||||||
4 | Procurement Code, are set in accordance with the requirements | ||||||
5 | of subsection (f) of this Section.
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6 | (b) Mileage for automobile travel shall be reimbursed at | ||||||
7 | the allowance
rate in effect under regulations promulgated | ||||||
8 | pursuant to 5 U.S.C. 5707(b)(2).
In the event the rate set | ||||||
9 | under federal regulations increases or decreases during the
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10 | course of the State's fiscal year, the effective date of the | ||||||
11 | new rate shall be
the effective date of the change in the | ||||||
12 | federal rate.
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13 | (c) Rates for reimbursement of expenses other than mileage | ||||||
14 | shall not
exceed the actual cost of travel as determined by the | ||||||
15 | United States
Internal Revenue Service.
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16 | (d) Reimbursements to travelers shall be made pursuant to | ||||||
17 | the rates and
regulations applicable to the respective State | ||||||
18 | agency as of the effective
date of this amendatory Act, until | ||||||
19 | the State Travel Regulations and
Reimbursement Rates | ||||||
20 | established by this Section are adopted and effective.
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21 | (e) Lodging in Cook County, Illinois and the District of | ||||||
22 | Columbia shall be
reimbursed at the maximum lodging rate in | ||||||
23 | effect under regulations promulgated
pursuant to 5 U.S.C. | ||||||
24 | 5701-5709. For purposes of this subsection (e), the
District | ||||||
25 | of
Columbia shall include the cities and counties included in | ||||||
26 | the per diem
locality of the
District of Columbia, as defined |
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1 | by the regulations in effect promulgated
pursuant to 5
U.S.C. | ||||||
2 | 5701-5709. Individual travel control boards may set a lodging
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3 | reimbursement rate
more restrictive than the rate set forth in | ||||||
4 | the federal regulations.
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5 | (f) Notwithstanding any other law, travel reimbursement | ||||||
6 | rates for lodging and mileage for automobile travel, as well | ||||||
7 | as allowances for meals, shall be set for public institutions | ||||||
8 | of higher education at the maximum rates established by the | ||||||
9 | federal government for travel expenses, subsistence expenses, | ||||||
10 | and mileage allowances under 5 U.S.C. Subchapter I and | ||||||
11 | regulations promulgated thereunder. If a rate set under | ||||||
12 | federal regulations increases or decreases in the course of | ||||||
13 | the State's fiscal year, the effective date of the new rate | ||||||
14 | shall be the effective date of the change in the federal rate. | ||||||
15 | (Source: P.A. 96-240, eff. 1-1-10.)
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16 | Section 15. The Illinois Procurement Code is amended by | ||||||
17 | changing Sections 1-13, 1-15.93, 15-25, 20-20, 20-30, 25-90, | ||||||
18 | 30-30, 33-5, 33-50, 50-35, and 55-25 as follows: | ||||||
19 | (30 ILCS 500/1-13) | ||||||
20 | Sec. 1-13. Applicability to public institutions of higher | ||||||
21 | education. | ||||||
22 | (a) This Code shall apply to public institutions of higher | ||||||
23 | education, regardless of the source of the funds with which | ||||||
24 | contracts are paid, except as provided in this Section. |
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1 | (b) Except as provided in this Section, this Code shall | ||||||
2 | not apply to procurements made by or on behalf of public | ||||||
3 | institutions of higher education for any of the following: | ||||||
4 | (1) Memberships in professional, academic, research, | ||||||
5 | or athletic organizations on behalf of a public | ||||||
6 | institution of higher education, an employee of a public | ||||||
7 | institution of higher education, or a student at a public | ||||||
8 | institution of 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 | ||||||
17 | majority 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 by or for a public institution of | ||||||
21 | higher education. | ||||||
22 | (5) Procurement expenditures for periodicals, books, | ||||||
23 | subscriptions, database licenses, and other publications | ||||||
24 | procured for use by a university library or academic | ||||||
25 | department, except for expenditures related to procuring | ||||||
26 | textbooks for student use or materials for resale or |
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1 | rental. | ||||||
2 | (6) Procurement expenditures for placement of students | ||||||
3 | in externships, practicums, field experiences, and for | ||||||
4 | medical residencies and rotations. | ||||||
5 | (7) Contracts for programming and broadcast license | ||||||
6 | rights for university-operated radio and television | ||||||
7 | 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) Contracts with a foreign entity for research or | ||||||
13 | educational activities, provided that the foreign entity | ||||||
14 | either does not maintain an office in the United States or | ||||||
15 | is the sole source of the service or product. | ||||||
16 | (10) Procurement expenditures for any ongoing software | ||||||
17 | license or maintenance agreement or competitively | ||||||
18 | solicited software purchase, when the software, license, | ||||||
19 | or maintenance agreement is available through only the | ||||||
20 | software creator or its manufacturer and not a reseller. | ||||||
21 | (11) Procurement expenditures incurred outside of the | ||||||
22 | United States for the recruitment of international | ||||||
23 | students. | ||||||
24 | Notice of each contract with an annual value of more than | ||||||
25 | $100,000 entered into by a public institution of higher | ||||||
26 | education that is related to the procurement of goods and |
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1 | services identified in items (1) through (11) (9) of this | ||||||
2 | subsection shall be published in the Procurement Bulletin | ||||||
3 | within 14 calendar days after contract execution. The Chief | ||||||
4 | Procurement Officer shall prescribe the form and content of | ||||||
5 | the notice. Each public institution of higher education shall | ||||||
6 | provide the Chief Procurement Officer, on a monthly basis, in | ||||||
7 | the form and content prescribed by the Chief Procurement | ||||||
8 | Officer, a report of contracts that are related to the | ||||||
9 | procurement of goods and services identified in this | ||||||
10 | subsection. At a minimum, this report shall include the name | ||||||
11 | of the contractor, a description of the supply or service | ||||||
12 | provided, the total amount of the contract, the term of the | ||||||
13 | contract, and the exception to the Code utilized. A copy of any | ||||||
14 | or all of these contracts shall be made available to the Chief | ||||||
15 | Procurement Officer immediately upon request. The Chief | ||||||
16 | Procurement Officer shall submit a report to the Governor and | ||||||
17 | General Assembly no later than November 1 of each year that | ||||||
18 | shall include, at a minimum, an annual summary of the monthly | ||||||
19 | information reported to the Chief Procurement Officer. | ||||||
20 | (b-5) Except as provided in this subsection, the | ||||||
21 | provisions of this Code shall not apply to contracts for | ||||||
22 | medical supplies or , and to contracts for medical services | ||||||
23 | necessary for the delivery of care and treatment at medical, | ||||||
24 | dental, or veterinary teaching facilities used utilized by | ||||||
25 | Southern Illinois University or the University of Illinois or | ||||||
26 | and at any university-operated health care center or |
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1 | dispensary that provides care, treatment, and medications for | ||||||
2 | students, faculty , and staff. Furthermore, the provisions of | ||||||
3 | this Code do not apply to the procurement by such a facility of | ||||||
4 | any additional supplies or services that the operator of the | ||||||
5 | facility deems necessary for the effective use and functioning | ||||||
6 | of the medical supplies or services that are otherwise exempt | ||||||
7 | from this Code under this subsection (b-5). However, other | ||||||
8 | Other supplies and services needed for these teaching | ||||||
9 | facilities shall be subject to the jurisdiction of the Chief | ||||||
10 | Procurement Officer for Public Institutions of Higher | ||||||
11 | Education who may establish expedited procurement procedures | ||||||
12 | and may waive or modify certification, contract, hearing, | ||||||
13 | process and registration requirements required by the Code. | ||||||
14 | All procurements made under this subsection shall be | ||||||
15 | documented and may require publication in the Illinois | ||||||
16 | Procurement Bulletin. | ||||||
17 | (b-10) Procurements made by or on behalf of the University | ||||||
18 | of Illinois for investment services scheduled to expire June | ||||||
19 | 2022 may be entered into or renewed extended through June 2024 | ||||||
20 | without being subject to the requirements of this Code. Notice | ||||||
21 | of intent to renew a contract shall be published in the | ||||||
22 | Illinois Public Higher Education Procurement Bulletin at least | ||||||
23 | 14 days prior to the execution of a renewal, and the University | ||||||
24 | of Illinois shall hold a public hearing for interested parties | ||||||
25 | to provide public comment. Any contract extended, renewed, or | ||||||
26 | entered pursuant to this exception shall be published in on |
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1 | the Illinois Public Higher Education Procurement Bulletin | ||||||
2 | Executive Ethics Commission's website within 5 days of | ||||||
3 | contract execution. This subsection is inoperative on and | ||||||
4 | after July 1, 2024. | ||||||
5 | (c) Procurements made by or on behalf of public | ||||||
6 | institutions of higher education for the fulfillment of a | ||||||
7 | grant shall be made in accordance with the requirements of | ||||||
8 | this Code to the extent practical. | ||||||
9 | Upon the written request of a public institution of higher | ||||||
10 | education, the Chief Procurement Officer may waive contract, | ||||||
11 | registration, certification, and hearing requirements of this | ||||||
12 | Code if, based on the item to be procured or the terms of a | ||||||
13 | grant, compliance is impractical. The public institution of | ||||||
14 | higher education shall provide the Chief Procurement Officer | ||||||
15 | with specific reasons for the waiver, including the necessity | ||||||
16 | of contracting with a particular potential contractor, and | ||||||
17 | shall certify that an effort was made in good faith to comply | ||||||
18 | with the provisions of this Code. The Chief Procurement | ||||||
19 | Officer shall provide written justification for any waivers. | ||||||
20 | By November 1 of each year, the Chief Procurement Officer | ||||||
21 | shall file a report with the General Assembly identifying each | ||||||
22 | contract approved with waivers and providing the justification | ||||||
23 | given for any waivers for each of those contracts. Notice of | ||||||
24 | each waiver made under this subsection shall be published in | ||||||
25 | the Procurement Bulletin within 14 calendar days after | ||||||
26 | contract execution. The Chief Procurement Officer shall |
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1 | prescribe the form and content of the notice. | ||||||
2 | (d) Notwithstanding this Section, a waiver of the | ||||||
3 | registration requirements of Section 20-160 does not permit a | ||||||
4 | business entity and any affiliated entities or affiliated | ||||||
5 | persons to make campaign contributions if otherwise prohibited | ||||||
6 | by Section 50-37. The total amount of contracts awarded in | ||||||
7 | accordance with this Section shall be included in determining | ||||||
8 | the aggregate amount of contracts or pending bids of a | ||||||
9 | business entity and any affiliated entities or affiliated | ||||||
10 | persons. | ||||||
11 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
12 | this Code, the Chief Procurement Officer, with the approval of | ||||||
13 | the Executive Ethics Commission, may permit a public | ||||||
14 | institution of higher education to accept a bid or enter into a | ||||||
15 | contract with a business that assisted the public institution | ||||||
16 | of higher education in determining whether there is a need for | ||||||
17 | a contract or assisted in reviewing, drafting, or preparing | ||||||
18 | documents related to a bid or contract, provided that the bid | ||||||
19 | or contract is essential to research administered by the | ||||||
20 | public institution of higher education and it is in the best | ||||||
21 | interest of the public institution of higher education to | ||||||
22 | accept the bid or contract. For purposes of this subsection, | ||||||
23 | "business" includes all individuals with whom a business is | ||||||
24 | affiliated, including, but not limited to, any officer, agent, | ||||||
25 | employee, consultant, independent contractor, director, | ||||||
26 | partner, manager, or shareholder of a business. The Executive |
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1 | Ethics Commission may promulgate rules and regulations for the | ||||||
2 | implementation and administration of the provisions of this | ||||||
3 | subsection (e). | ||||||
4 | (f) As used in this Section: | ||||||
5 | "Grant" means non-appropriated funding provided by a | ||||||
6 | federal or private entity to support a project or program | ||||||
7 | administered by a public institution of higher education and | ||||||
8 | any non-appropriated funding provided to a sub-recipient of | ||||||
9 | the grant. | ||||||
10 | "Public institution of higher education" means Chicago | ||||||
11 | State University, Eastern Illinois University, Governors State | ||||||
12 | University, Illinois State University, Northeastern Illinois | ||||||
13 | University, Northern Illinois University, Southern Illinois | ||||||
14 | University, University of Illinois, Western Illinois | ||||||
15 | University, and, for purposes of this Code only, the Illinois | ||||||
16 | Mathematics and Science Academy. | ||||||
17 | (g) (Blank).
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18 | (h) The General Assembly finds and declares that: | ||||||
19 | (1) Public Act 98-1076, which took effect on January | ||||||
20 | 1, 2015, changed the repeal date set for this Section from | ||||||
21 | December 31, 2014 to December 31, 2016. | ||||||
22 | (2) The Statute on Statutes sets forth general rules | ||||||
23 | on the repeal of statutes and the construction of multiple | ||||||
24 | amendments, but Section 1 of that Act also states that | ||||||
25 | these rules will not be observed when the result would be | ||||||
26 | "inconsistent with the manifest intent of the General |
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1 | Assembly or repugnant to the context of the statute". | ||||||
2 | (3) This amendatory Act of the 100th General Assembly | ||||||
3 | manifests the intention of the General Assembly to remove | ||||||
4 | the repeal of this Section. | ||||||
5 | (4) This Section was originally enacted to protect, | ||||||
6 | promote, and preserve the general welfare. Any | ||||||
7 | construction of this Section that results in the repeal of | ||||||
8 | this Section on December 31, 2014 would be inconsistent | ||||||
9 | with the manifest intent of the General Assembly and | ||||||
10 | repugnant to the context of this Code. | ||||||
11 | It is hereby declared to have been the intent of the | ||||||
12 | General Assembly that this Section not be subject to repeal on | ||||||
13 | December 31, 2014. | ||||||
14 | This Section shall be deemed to have been in continuous | ||||||
15 | effect since December 20, 2011 (the effective date of Public | ||||||
16 | Act 97-643), and it shall continue to be in effect | ||||||
17 | henceforward until it is otherwise lawfully repealed. All | ||||||
18 | previously enacted amendments to this Section taking effect on | ||||||
19 | or after December 31, 2014, are hereby validated. | ||||||
20 | All actions taken in reliance on or pursuant to this | ||||||
21 | Section by any public institution of higher education, person, | ||||||
22 | or entity are hereby validated. | ||||||
23 | In order to ensure the continuing effectiveness of this | ||||||
24 | Section, it is set forth in full and re-enacted by this | ||||||
25 | amendatory Act of the 100th General Assembly. This | ||||||
26 | re-enactment is intended as a continuation of this Section. It |
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1 | is not intended to supersede any amendment to this Section | ||||||
2 | that is enacted by the 100th General Assembly. | ||||||
3 | In this amendatory Act of the 100th General Assembly, the | ||||||
4 | base text of the reenacted Section is set forth as amended by | ||||||
5 | Public Act 98-1076. Striking and underscoring is used only to | ||||||
6 | show changes being made to the base text. | ||||||
7 | This Section applies to all procurements made on or before | ||||||
8 | the effective date of this amendatory Act of the 100th General | ||||||
9 | Assembly. | ||||||
10 | (Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21; | ||||||
11 | 102-721, eff. 5-6-22.) | ||||||
12 | (30 ILCS 500/1-15.93) | ||||||
13 | (Section scheduled to be repealed on January 1, 2024) | ||||||
14 | Sec. 1-15.93. Single prime. "Single prime" means the | ||||||
15 | design-bid-build procurement delivery method for a building | ||||||
16 | construction project in which the Capital Development Board or | ||||||
17 | a public institution of higher education, as defined in | ||||||
18 | Section 1-13 of this Code, is the construction agency | ||||||
19 | procuring 2 or more subdivisions of work enumerated in | ||||||
20 | paragraphs (1) through (5) of subsection (a) of Section 30-30 | ||||||
21 | of this Code under a single contract. This Section is repealed | ||||||
22 | on January 1, 2026 2024 .
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23 | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20; | ||||||
24 | 102-671, eff. 11-30-21.) |
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1 | (30 ILCS 500/15-25) | ||||||
2 | Sec. 15-25. Bulletin content. | ||||||
3 | (a) Invitations for bids. Notice of each and every | ||||||
4 | contract that is
offered, including renegotiated contracts and | ||||||
5 | change orders,
shall be published in the Bulletin. The | ||||||
6 | applicable chief procurement officer
may provide by rule an | ||||||
7 | organized format for the publication of this
information, but | ||||||
8 | in any case it must include at least the date first offered,
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9 | the date submission of offers is due, the location that offers | ||||||
10 | are to be
submitted to, the purchasing State agency, the | ||||||
11 | responsible State purchasing
officer, a brief purchase | ||||||
12 | description, the method of source selection,
information of | ||||||
13 | how to obtain a comprehensive purchase description and any
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14 | disclosure and contract forms, and encouragement to potential | ||||||
15 | contractors to hire qualified veterans, as defined by Section | ||||||
16 | 45-67 of this Code, and qualified Illinois minorities, women, | ||||||
17 | persons with disabilities, and residents discharged from any | ||||||
18 | Illinois adult correctional center. | ||||||
19 | (a-5) All businesses listed on the Illinois Unified | ||||||
20 | Certification Program Disadvantaged Business Enterprise | ||||||
21 | Directory, the Business Enterprise Program of the Department | ||||||
22 | of Central Management Services, and any small business | ||||||
23 | database created pursuant to Section 45-45 of this Code shall | ||||||
24 | be furnished written instructions and information on how to | ||||||
25 | register for the Illinois Procurement Bulletin. This | ||||||
26 | information shall be provided to each business within 30 |
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1 | calendar days after the business's notice of certification or | ||||||
2 | qualification. | ||||||
3 | (b) Contracts let. Notice of each and every contract that | ||||||
4 | is let, including renegotiated contracts and change orders, | ||||||
5 | shall be issued electronically to those bidders submitting | ||||||
6 | responses to the solicitations, inclusive of the unsuccessful | ||||||
7 | bidders, immediately upon contract let. Failure of any chief | ||||||
8 | procurement officer to give such notice shall result in | ||||||
9 | tolling the time for filing a bid protest up to 7 calendar | ||||||
10 | days. | ||||||
11 | For purposes of this subsection (b), "contracts let" means | ||||||
12 | a construction agency's act of advertising an invitation for | ||||||
13 | bids for one or more construction projects. | ||||||
14 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
15 | that is awarded, including renegotiated contracts and change | ||||||
16 | orders, shall be issued electronically to the successful | ||||||
17 | responsible bidder, offeror, or contractor and published in | ||||||
18 | the Bulletin. The applicable chief procurement officer may | ||||||
19 | provide by rule an organized format for the publication of | ||||||
20 | this information, but in any case it must include at least all | ||||||
21 | of the information specified in subsection (a) as well as the | ||||||
22 | name of the successful responsible bidder, offeror, the | ||||||
23 | contract price, the number of unsuccessful bidders or offerors | ||||||
24 | and any other disclosure specified in any Section of this | ||||||
25 | Code. This notice must be posted in the online electronic | ||||||
26 | Bulletin prior to execution of the contract. |
| |||||||
| |||||||
1 | For purposes of this subsection (b-5), "contract award" | ||||||
2 | means the determination that a particular bidder or offeror | ||||||
3 | has been selected from among other bidders or offerors to | ||||||
4 | receive a contract, subject to the successful completion of | ||||||
5 | final negotiations. "Contract award" is evidenced by the | ||||||
6 | posting of a Notice of Award or a Notice of Intent to Award to | ||||||
7 | the respective volume of the Illinois Procurement Bulletin. | ||||||
8 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
9 | officer or State
purchasing officer exercising emergency | ||||||
10 | purchase authority under
this Code shall publish a written | ||||||
11 | description and reasons and the total cost,
if known, or an | ||||||
12 | estimate if unknown and the name of the responsible chief
| ||||||
13 | procurement officer and State purchasing officer, and the | ||||||
14 | business or person
contracted with for all emergency purchases | ||||||
15 | in
the Bulletin. The notice for an emergency procurement other | ||||||
16 | than the extension of an emergency contract This notice must | ||||||
17 | be posted in the online electronic Bulletin no later than 5 | ||||||
18 | calendar days after the contract is awarded , and notice for | ||||||
19 | the extension of an emergency contract must be posted in the | ||||||
20 | online electronic Bulletin no later than 7 calendar days after | ||||||
21 | the extension is executed .
Notice of a hearing to extend an | ||||||
22 | emergency contract must be posted in the online electronic | ||||||
23 | Procurement Bulletin no later than 14 calendar days prior to | ||||||
24 | the hearing. | ||||||
25 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
26 | agency shall, with the assistance of the applicable chief |
| |||||||
| |||||||
1 | procurement officer, post in the online electronic Bulletin a | ||||||
2 | copy of its annual report of utilization of businesses owned | ||||||
3 | by minorities, women, and persons with disabilities as | ||||||
4 | submitted to the Business Enterprise Council for Minorities, | ||||||
5 | Women, and Persons with Disabilities pursuant to Section 6(c) | ||||||
6 | of the Business Enterprise for Minorities, Women, and Persons | ||||||
7 | with Disabilities Act within 10 calendar days after its | ||||||
8 | submission of its report to the Council.
| ||||||
9 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
10 | posted in the Bulletin within 14 calendar days of the | ||||||
11 | determination to execute a renewal of the contract. The notice | ||||||
12 | shall include at least all of the information required in | ||||||
13 | subsection (a) or (b), as applicable.
| ||||||
14 | (c-15) Sole source procurements. Before entering into a | ||||||
15 | sole source contract, a chief procurement officer exercising | ||||||
16 | sole source procurement authority under this Code shall | ||||||
17 | publish a written description of intent to enter into a sole | ||||||
18 | source contract along with a description of the item to be | ||||||
19 | procured and the intended sole source contractor. This notice | ||||||
20 | must be posted in the online electronic Procurement Bulletin | ||||||
21 | before a sole source contract is awarded and at least 14 | ||||||
22 | calendar days before the hearing required by Section 20-25. | ||||||
23 | (d) Other required disclosure. The applicable chief | ||||||
24 | procurement officer
shall provide by rule for the organized | ||||||
25 | publication of all other disclosure
required in other Sections | ||||||
26 | of this Code in a timely manner. |
| |||||||
| |||||||
1 | (e) The changes to subsections (b), (c), (c-5), (c-10), | ||||||
2 | and (c-15) of this Section made by Public Act 96-795 apply to | ||||||
3 | reports submitted, offers made, and notices on contracts | ||||||
4 | executed on or after July 1, 2010 (the effective date of Public | ||||||
5 | Act 96-795). The changes made to subsection (c) by this | ||||||
6 | amendatory Act of the 102nd General Assembly apply only to | ||||||
7 | emergency contract extensions executed on or after the | ||||||
8 | effective date of this amendatory Act of the 102nd General | ||||||
9 | Assembly.
| ||||||
10 | (f) Each chief procurement officer shall, in consultation | ||||||
11 | with the agencies under his or her jurisdiction, provide the | ||||||
12 | Procurement Policy Board with the information and resources | ||||||
13 | necessary, and in a manner, to effectuate the purpose of | ||||||
14 | Public Act 96-1444. | ||||||
15 | (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | ||||||
16 | 100-863, eff. 8-14-18.)
| ||||||
17 | (30 ILCS 500/20-20)
| ||||||
18 | (Text of Section before amendment by P.A. 102-721 )
| ||||||
19 | Sec. 20-20. Small purchases.
| ||||||
20 | (a) Amount. Any individual procurement of supplies or
| ||||||
21 | services not exceeding $100,000 and any procurement of
| ||||||
22 | construction not exceeding
$100,000, or any individual | ||||||
23 | procurement of professional or artistic services not exceeding | ||||||
24 | $100,000 may be made without competitive source selection.
| ||||||
25 | Procurements shall not be artificially
divided so as to |
| |||||||
| |||||||
1 | constitute a small purchase under this Section. Any | ||||||
2 | procurement of construction not exceeding $100,000 may be made | ||||||
3 | by an alternative competitive source selection. The | ||||||
4 | construction agency shall establish rules for an alternative | ||||||
5 | competitive source selection process. This Section does not | ||||||
6 | apply to construction-related professional services contracts | ||||||
7 | awarded in accordance with the provisions of the | ||||||
8 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
9 | Based Selection Act.
| ||||||
10 | (b) Adjustment. Each July 1, the small purchase maximum
| ||||||
11 | established in subsection (a)
shall be adjusted for inflation | ||||||
12 | as determined by the Consumer
Price Index for All Urban | ||||||
13 | Consumers as determined by the United States
Department of | ||||||
14 | Labor and rounded to the nearest $100.
| ||||||
15 | (c) Based upon rules proposed by the Board and rules | ||||||
16 | promulgated by the
chief procurement officers, the small | ||||||
17 | purchase maximum established in
subsection
(a) may be | ||||||
18 | modified.
| ||||||
19 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
20 | (Text of Section after amendment by P.A. 102-721 )
| ||||||
21 | Sec. 20-20. Small purchases.
| ||||||
22 | (a) Amount. Any individual procurement of supplies or
| ||||||
23 | services not exceeding $100,000 and any procurement of
| ||||||
24 | construction not exceeding $250,000
$100,000 , or any | ||||||
25 | individual procurement of professional or artistic services |
| |||||||
| |||||||
1 | not exceeding $100,000 may be made without competitive source | ||||||
2 | selection.
Procurements shall not be artificially
divided so | ||||||
3 | as to constitute a small purchase under this Section. Any | ||||||
4 | procurement of construction not exceeding $250,000 $100,000 | ||||||
5 | may be made by an alternative competitive source selection. | ||||||
6 | The construction agency shall establish rules for an | ||||||
7 | alternative competitive source selection process. This Section | ||||||
8 | does not apply to construction-related professional services | ||||||
9 | contracts awarded in accordance with the provisions of the | ||||||
10 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
11 | Based Selection Act.
| ||||||
12 | (b) Adjustment. Each July 1, the small purchase maximum
| ||||||
13 | established in subsection (a)
shall be adjusted for inflation | ||||||
14 | as determined by the Consumer
Price Index for All Urban | ||||||
15 | Consumers as determined by the United States
Department of | ||||||
16 | Labor and rounded to the nearest $100.
| ||||||
17 | (c) Based upon rules proposed by the Board and rules | ||||||
18 | promulgated by the
chief procurement officers, the small | ||||||
19 | purchase maximum established in
subsection
(a) may be | ||||||
20 | modified.
| ||||||
21 | (d) Certification. All small purchases with an annual | ||||||
22 | value that exceeds $50,000 shall be accompanied by Standard | ||||||
23 | Illinois Certifications in a form prescribed by each Chief | ||||||
24 | Procurement Officer. | ||||||
25 | (Source: P.A. 102-721, eff. 1-1-23.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-30)
| ||||||
2 | Sec. 20-30. Emergency purchases.
| ||||||
3 | (a) Conditions for use. In accordance with standards set | ||||||
4 | by
rule, a purchasing
agency may make emergency procurements | ||||||
5 | without competitive sealed
bidding or prior notice
when there | ||||||
6 | exists a threat to public health or public safety, or
when | ||||||
7 | immediate expenditure is
necessary for repairs to State | ||||||
8 | property in order to protect
against further loss of or damage | ||||||
9 | to
State property, to prevent or minimize serious disruption | ||||||
10 | in critical State
services that affect health, safety, or | ||||||
11 | collection of substantial State revenues, or to ensure the
| ||||||
12 | integrity of State records; provided, however, that the term | ||||||
13 | of the emergency purchase shall be limited to the time | ||||||
14 | reasonably needed for a competitive procurement, not to exceed | ||||||
15 | 90 calendar days. A contract may be extended beyond 90 | ||||||
16 | calendar days with the approval of if the chief procurement | ||||||
17 | officer determines additional time is necessary and that the | ||||||
18 | contract scope and duration are limited to the emergency . | ||||||
19 | Prior to execution of the extension, the chief procurement | ||||||
20 | officer shall receive must hold a public hearing and provide | ||||||
21 | written justification for the extension all emergency | ||||||
22 | contracts . The duration of the extension shall be limited to | ||||||
23 | the scope of the emergency. Members of the public may present | ||||||
24 | testimony. Emergency procurements shall be made
with as much | ||||||
25 | competition
as is practicable under the circumstances, and | ||||||
26 | agencies shall use utilize best efforts to include contractors |
| |||||||
| |||||||
1 | certified under the Business Enterprise Program in the | ||||||
2 | agencies' its emergency procurement process.
A written
| ||||||
3 | description of the basis for the emergency and reasons for the
| ||||||
4 | selection of the particular
contractor shall be included in | ||||||
5 | the contract file.
| ||||||
6 | (b) Notice. Notice of all emergency procurements shall be | ||||||
7 | provided to the Procurement Policy Board and the Commission on | ||||||
8 | Equity and Inclusion and published in the online electronic | ||||||
9 | Bulletin no later than 5 calendar days after the contract is | ||||||
10 | awarded. Notice of the extension of intent to extend an | ||||||
11 | emergency contract shall be provided to the Procurement Policy | ||||||
12 | Board and the Commission on Equity and Inclusion and published | ||||||
13 | in the online electronic Bulletin no later than 7 calendar | ||||||
14 | days after the extension is executed at least 14 calendar days | ||||||
15 | before the public hearing . Notice shall include at least a | ||||||
16 | description of the need for the emergency purchase and , the | ||||||
17 | contractor , and if applicable, the date, time, and location of | ||||||
18 | the public hearing . A copy of this notice and all documents | ||||||
19 | provided at the hearing shall be included in the subsequent | ||||||
20 | Procurement Bulletin. Before the next appropriate volume of | ||||||
21 | the Illinois Procurement
Bulletin, the purchasing agency shall | ||||||
22 | publish in the
Illinois Procurement Bulletin a copy of each | ||||||
23 | written description
and reasons and the total cost
of each | ||||||
24 | emergency procurement made during the previous month.
When | ||||||
25 | only an estimate of the
total cost is known at the time of | ||||||
26 | publication, the estimate shall
be identified as an estimate |
| |||||||
| |||||||
1 | and
published. When the actual total cost is determined, it | ||||||
2 | shall
also be published in like manner
before the 10th day of | ||||||
3 | the next succeeding month.
| ||||||
4 | (c) Statements. A chief procurement officer making a | ||||||
5 | procurement
under this Section shall file statements
with the | ||||||
6 | Procurement Policy Board, the Commission on Equity and | ||||||
7 | Inclusion, and the Auditor General within
10 calendar days
| ||||||
8 | after the procurement setting
forth the amount expended, the | ||||||
9 | name of the contractor involved,
and the conditions and
| ||||||
10 | circumstances requiring the emergency procurement. When only | ||||||
11 | an
estimate of the cost is
available within 10 calendar days | ||||||
12 | after the procurement, the actual cost
shall be reported | ||||||
13 | immediately
after it is determined. At the end of each fiscal | ||||||
14 | quarter, the
Auditor General shall file with the
Legislative | ||||||
15 | Audit Commission and the Governor a complete listing
of all | ||||||
16 | emergency
procurements reported during that fiscal quarter. | ||||||
17 | The Legislative
Audit Commission shall
review the emergency | ||||||
18 | procurements so reported and, in its annual
reports, advise | ||||||
19 | the General
Assembly of procurements that appear to constitute | ||||||
20 | an abuse of
this Section.
| ||||||
21 | (d) Quick purchases. The chief procurement officer may | ||||||
22 | promulgate rules
extending the circumstances by which a | ||||||
23 | purchasing agency may make purchases
under this Section, | ||||||
24 | including but not limited to the procurement of items
| ||||||
25 | available at a discount for a limited period of time.
| ||||||
26 | (d-5) The chief procurement officer shall adopt rules |
| |||||||
| |||||||
1 | regarding the use of contractors certified in the Business | ||||||
2 | Enterprise Program in emergency and quick purchase | ||||||
3 | procurements. | ||||||
4 | (e) The changes to this Section made by this amendatory | ||||||
5 | Act of the 102nd 96th General Assembly apply to procurements | ||||||
6 | executed on or after its effective date.
| ||||||
7 | (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21 .)
| ||||||
8 | (30 ILCS 500/25-90) | ||||||
9 | (This Section may contain text from a Public Act with a | ||||||
10 | delayed effective date ) | ||||||
11 | Sec. 25-90. Prohibited and authorized cybersecurity | ||||||
12 | Cybersecurity prohibited products. State agencies are | ||||||
13 | prohibited from purchasing any products that, due to | ||||||
14 | cybersecurity risks, are prohibited for purchase by federal | ||||||
15 | agencies pursuant to a United States Department of Homeland | ||||||
16 | Security Binding Operational Directive. However, a State | ||||||
17 | agency or public institution of higher education may purchase | ||||||
18 | those offerings that are included in the Authorized Product | ||||||
19 | List maintained by StateRAMP and that have been verified by | ||||||
20 | StateRAMP as having an authorized security status.
| ||||||
21 | (Source: P.A. 102-753, eff. 1-1-23.)
| ||||||
22 | (30 ILCS 500/30-30)
| ||||||
23 | Sec. 30-30. Design-bid-build construction. | ||||||
24 | (a) The provisions of this subsection are operative |
| |||||||
| |||||||
1 | through December 31, 2025 2023 . | ||||||
2 | Except as provided in subsection (a-5), for For
building | ||||||
3 | construction contracts in excess of
$250,000, separate | ||||||
4 | specifications may be prepared for all
equipment, labor, and | ||||||
5 | materials in
connection with the following 5 subdivisions of | ||||||
6 | the work to be
performed:
| ||||||
7 | (1) plumbing;
| ||||||
8 | (2) heating, piping, refrigeration, and automatic
| ||||||
9 | temperature control systems,
including the testing and | ||||||
10 | balancing of those systems;
| ||||||
11 | (3) ventilating and distribution systems for
| ||||||
12 | conditioned air, including the testing
and balancing of | ||||||
13 | those systems;
| ||||||
14 | (4) electric wiring; and
| ||||||
15 | (5) general contract work.
| ||||||
16 | Except as provided in subsection (a-5), the The | ||||||
17 | specifications may be so drawn as to permit separate and
| ||||||
18 | independent bidding upon
each of the 5 subdivisions of work. | ||||||
19 | All contracts awarded
for any part thereof may
award the 5 | ||||||
20 | subdivisions of work separately to responsible and
reliable | ||||||
21 | persons, firms, or
corporations engaged in these classes of | ||||||
22 | work. The contracts, at
the discretion of the
construction | ||||||
23 | agency, may be assigned to the successful bidder on
the | ||||||
24 | general contract work or
to the successful bidder on the | ||||||
25 | subdivision of work designated by
the construction agency | ||||||
26 | before
the bidding as the prime subdivision of work, provided |
| |||||||
| |||||||
1 | that all
payments will be made directly
to the contractors for | ||||||
2 | the 5 subdivisions of work upon compliance
with the conditions | ||||||
3 | of the
contract.
| ||||||
4 | Beginning on the effective date of this amendatory Act of | ||||||
5 | the 101st General Assembly and through December 31, 2025 2023 , | ||||||
6 | for single prime projects: (i) the bid of the successful low | ||||||
7 | bidder shall identify the name of the subcontractor, if any, | ||||||
8 | and the bid proposal costs for each of the 5 subdivisions of | ||||||
9 | work set forth in this Section; (ii) the contract entered into | ||||||
10 | with the successful bidder shall provide that no identified | ||||||
11 | subcontractor may be terminated without the written consent of | ||||||
12 | the Capital Development Board; (iii) the contract shall comply | ||||||
13 | with the disadvantaged business practices of the Business | ||||||
14 | Enterprise for Minorities, Women, and Persons with | ||||||
15 | Disabilities Act and the equal employment practices of Section | ||||||
16 | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | ||||||
17 | Development Board shall submit an annual report to the General | ||||||
18 | Assembly and Governor on the bidding, award, and performance | ||||||
19 | of all single prime projects. | ||||||
20 | For building construction projects with a total | ||||||
21 | construction cost valued at $5,000,000 or less, the Capital | ||||||
22 | Development Board shall not use the single prime procurement | ||||||
23 | delivery method for more than 50% of the total number of | ||||||
24 | projects bid for each fiscal year. Any project with a total | ||||||
25 | construction cost valued greater than $5,000,000 may be bid | ||||||
26 | using single prime at the discretion of the Executive Director |
| |||||||
| |||||||
1 | of the Capital Development Board. | ||||||
2 | (a-5) Beginning on the effective date of this amendatory
| ||||||
3 | Act of the 102nd General Assembly and through December 31,
| ||||||
4 | 2025, for single prime projects in which a public institution
| ||||||
5 | of higher education is a construction agency awarding
building | ||||||
6 | construction contracts in excess of $250,000,
separate | ||||||
7 | specifications may be prepared for all equipment,
labor, and | ||||||
8 | materials in connection with the 5 subdivisions of
work | ||||||
9 | enumerated in subsection (a). Any public institution of higher | ||||||
10 | education contract awarded for any part thereof may
award 2 or | ||||||
11 | more of the 5 subdivisions of work together or
separately to | ||||||
12 | responsible and reliable persons, firms, or
corporations | ||||||
13 | engaged in these classes of work if: (i) the
public | ||||||
14 | institution of higher education has submitted to the
| ||||||
15 | Procurement Policy Board and the Commission on Equity and | ||||||
16 | Inclusion a written notice that includes
the reasons for using | ||||||
17 | the single prime method and an
explanation of why the use of | ||||||
18 | that method is in the best
interest of the State and arranges | ||||||
19 | to have the notice posted on the institution's online | ||||||
20 | procurement webpage and its online
procurement bulletin at | ||||||
21 | least 3 business days following submission to the Procurement | ||||||
22 | Policy Board and the Commission on Equity and Inclusion; (ii) | ||||||
23 | the
successful low bidder has prequalified with the public
| ||||||
24 | institution of higher education; (iii) the bid of the
| ||||||
25 | successful low bidder identifies the name of the
| ||||||
26 | subcontractor, if any, and the bid proposal costs for each of
|
| |||||||
| |||||||
1 | the 5 subdivisions of work set forth in subsection (a); (iv)
| ||||||
2 | the contract entered into with the successful bidder provides
| ||||||
3 | that no identified subcontractor may be terminated without the
| ||||||
4 | written consent of the public institution of higher education;
| ||||||
5 | and (v) the successful low bidder has prequalified with the | ||||||
6 | University of Illinois or with the Capital Development Board. | ||||||
7 | For building construction projects with a total
| ||||||
8 | construction cost valued at $20,000,000 or less, public
| ||||||
9 | institutions of higher education shall not use the single
| ||||||
10 | prime delivery method for more than 50% of the total number of
| ||||||
11 | projects bid for each fiscal year. Projects with a total
| ||||||
12 | construction cost valued at $20,000,000 or more may be bid
| ||||||
13 | using the single prime delivery method at the discretion of
| ||||||
14 | the public institution of higher education.
With respect to | ||||||
15 | any construction project described in this
subsection (a-5), | ||||||
16 | the public institution of higher education shall: (i) specify | ||||||
17 | in writing as a public record that the
project shall comply | ||||||
18 | with the Business Enterprise for
Minorities, Women, and | ||||||
19 | Persons with Disabilities Act and the
equal employment | ||||||
20 | practices of Section 2-105 of the Illinois
Human Rights Act; | ||||||
21 | and (ii) report annually to the Governor, General Assembly, | ||||||
22 | Procurement Policy Board, and Auditor
General on the bidding, | ||||||
23 | award, and performance of all single
prime projects. On and | ||||||
24 | after the effective date of this
amendatory Act of the 102nd | ||||||
25 | General Assembly, the public
institution of higher education | ||||||
26 | may award in each fiscal year
single prime contracts with an |
| |||||||
| |||||||
1 | aggregate total value of no
more than $100,000,000. The Board | ||||||
2 | of Trustees of the
University of Illinois may award in each | ||||||
3 | fiscal year single
prime contracts with an aggregate total | ||||||
4 | value of not more than $300,000,000. | ||||||
5 | (b) The provisions of this subsection are operative on and | ||||||
6 | after January 1, 2026 2024 .
For building construction | ||||||
7 | contracts in excess of $250,000, separate specifications shall | ||||||
8 | be prepared for all equipment, labor, and materials in | ||||||
9 | connection with the following 5 subdivisions of the work to be | ||||||
10 | performed: | ||||||
11 | (1) plumbing; | ||||||
12 | (2) heating, piping, refrigeration, and automatic | ||||||
13 | temperature control systems, including the testing and | ||||||
14 | balancing of those systems; | ||||||
15 | (3) ventilating and distribution systems for | ||||||
16 | conditioned air, including the testing and balancing of | ||||||
17 | those systems; | ||||||
18 | (4) electric wiring; and | ||||||
19 | (5) general contract work. | ||||||
20 | The specifications must be so drawn as to permit separate | ||||||
21 | and independent bidding upon each of the 5 subdivisions of | ||||||
22 | work. All contracts awarded for any part thereof shall award | ||||||
23 | the 5 subdivisions of work separately to responsible and | ||||||
24 | reliable persons, firms, or corporations engaged in these | ||||||
25 | classes of work. The contracts, at the discretion of the | ||||||
26 | construction agency, may be assigned to the successful bidder |
| |||||||
| |||||||
1 | on the general contract work or to the successful bidder on the | ||||||
2 | subdivision of work designated by the construction agency | ||||||
3 | before the bidding as the prime subdivision of work, provided | ||||||
4 | that all payments will be made directly to the contractors for | ||||||
5 | the 5 subdivisions of work upon compliance with the conditions | ||||||
6 | of the contract. | ||||||
7 | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20; | ||||||
8 | 102-671, eff. 11-30-21.)
| ||||||
9 | (30 ILCS 500/33-5)
| ||||||
10 | Sec. 33-5. Definitions. In this Article:
| ||||||
11 | "Construction management services" includes:
| ||||||
12 | (1) services provided in the planning and | ||||||
13 | pre-construction phases of a
construction project | ||||||
14 | including, but not limited to, consulting with,
advising, | ||||||
15 | assisting, and making recommendations to the Capital | ||||||
16 | Development Board and
architect, engineer, or licensed | ||||||
17 | land surveyor on all aspects
of planning for project | ||||||
18 | construction; reviewing all plans and
specifications as | ||||||
19 | they are being developed and making recommendations
with | ||||||
20 | respect to construction feasibility, availability of | ||||||
21 | material and
labor, time requirements for procurement and | ||||||
22 | construction, and
projected costs; making, reviewing, and | ||||||
23 | refining budget estimates based
on the Board's program and | ||||||
24 | other available information; making
recommendations to the | ||||||
25 | Board and the architect or engineer
regarding the division |
| |||||||
| |||||||
1 | of work in the plans and specifications to
facilitate the | ||||||
2 | bidding and awarding of contracts; soliciting the
interest | ||||||
3 | of capable contractors and taking bids on the project;
| ||||||
4 | analyzing the bids received; and preparing and maintaining | ||||||
5 | a progress
schedule during the design phase of the project | ||||||
6 | and preparation of a
proposed construction schedule; and
| ||||||
7 | (2) services provided in the construction phase of the | ||||||
8 | project
including, but not limited to, maintaining | ||||||
9 | competent supervisory staff
to coordinate and provide | ||||||
10 | general direction of the work and progress
of the | ||||||
11 | contractors on the project; directing the work as it is | ||||||
12 | being
performed for general conformance with working | ||||||
13 | drawings and
specifications; establishing procedures for | ||||||
14 | coordinating among the
Board, architect or engineer, | ||||||
15 | contractors, and construction
manager with respect to all | ||||||
16 | aspects of the project and
implementing those procedures; | ||||||
17 | maintaining job site records
and making appropriate | ||||||
18 | progress reports; implementing labor policy
in conformance | ||||||
19 | with the requirements of the public owner; reviewing
the | ||||||
20 | safety and equal opportunity programs of each contractor | ||||||
21 | for
conformance with the public owner's policy and making
| ||||||
22 | recommendations; reviewing and processing
all applications | ||||||
23 | for payment by involved contractors and material
suppliers | ||||||
24 | in accordance with the terms of the contract; making
| ||||||
25 | recommendations and processing requests for changes in the | ||||||
26 | work and
maintaining records of change orders; scheduling |
| |||||||
| |||||||
1 | and conducting job
meetings to ensure orderly progress of | ||||||
2 | the work; developing and
monitoring a project progress | ||||||
3 | schedule, coordinating and expediting
the work of all | ||||||
4 | contractors and providing periodic status reports to
the | ||||||
5 | owner and the architect or engineer; and establishing and
| ||||||
6 | maintaining a cost control system and conducting meetings | ||||||
7 | to review
costs.
| ||||||
8 | "Construction manager" means any individual, sole
| ||||||
9 | proprietorship, firm, partnership, corporation, or other legal | ||||||
10 | entity
providing construction management services for the | ||||||
11 | Board and
prequalified by the State in accordance with 30 ILCS
| ||||||
12 | 500/33-10.
| ||||||
13 | "Board" means the Capital Development Board or, to the | ||||||
14 | extent that the services are to be procured for a public | ||||||
15 | institution of higher education, the public institution of | ||||||
16 | higher education .
| ||||||
17 | (Source: P.A. 94-532, eff. 8-10-05.) | ||||||
18 | (30 ILCS 500/33-50)
| ||||||
19 | Sec. 33-50. Duties of construction manager; additional
| ||||||
20 | requirements for persons performing construction work.
| ||||||
21 | (a) Upon the award of a construction management services
| ||||||
22 | contract, a construction manager must contract with the Board | ||||||
23 | to
furnish his or her skill and judgment in cooperation with, | ||||||
24 | and reliance
upon, the services of the project architect or | ||||||
25 | engineer. The
construction manager must furnish business |
| |||||||
| |||||||
1 | administration, management
of the construction process, and | ||||||
2 | other specified services to the Board and must perform his or | ||||||
3 | her obligations in an expeditious and
economical manner | ||||||
4 | consistent with the interest of the Board. If
it is in the | ||||||
5 | State's best interest, the construction manager may
provide or | ||||||
6 | perform basic services for which reimbursement is provided
in | ||||||
7 | the general conditions to the construction management services
| ||||||
8 | contract.
| ||||||
9 | (b) The actual construction work on the project must be | ||||||
10 | awarded to
contractors under this Code. The Capital | ||||||
11 | Development Board may further separate additional divisions of | ||||||
12 | work under this Article. This subsection is
subject to the | ||||||
13 | applicable provisions of the following Acts:
| ||||||
14 | (1) the Prevailing Wage Act;
| ||||||
15 | (2) the Public Construction Bond Act;
| ||||||
16 | (3) the Public Works Employment Discrimination Act;
| ||||||
17 | (4) the Public Works Preference Act (repealed on June | ||||||
18 | 16, 2010 by Public Act 96-929);
| ||||||
19 | (5) the Employment of Illinois Workers on Public
Works | ||||||
20 | Act;
| ||||||
21 | (6) the Public Contract Fraud Act;
| ||||||
22 | (7) (blank); and
| ||||||
23 | (8) the Illinois Architecture Practice Act of 1989, | ||||||
24 | the Professional
Engineering
Practice Act of 1989, the | ||||||
25 | Illinois Professional Land Surveyor Act of 1989, and
the | ||||||
26 | Structural
Engineering Practice Act of 1989.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-149, eff. 7-26-19.) | ||||||
2 | (30 ILCS 500/50-35) | ||||||
3 | (Text of Section before amendment by P.A. 102-721 ) | ||||||
4 | Sec. 50-35. Financial disclosure and potential conflicts | ||||||
5 | of interest. | ||||||
6 | (a) All bids and offers from responsive bidders, offerors, | ||||||
7 | vendors, or contractors with an annual value of
more than | ||||||
8 | $50,000, and all submissions to a vendor portal, shall be | ||||||
9 | accompanied by disclosure of the financial
interests of the | ||||||
10 | bidder, offeror, potential contractor, or contractor and each | ||||||
11 | subcontractor to be used. In addition, all subcontracts | ||||||
12 | identified as provided by Section 20-120 of this Code with an | ||||||
13 | annual value of
more than $50,000 shall be accompanied by | ||||||
14 | disclosure of the financial
interests of each subcontractor. | ||||||
15 | The financial disclosure of
each successful bidder, offeror, | ||||||
16 | potential contractor, or contractor and its subcontractors | ||||||
17 | shall be incorporated as a material term of the contract and | ||||||
18 | shall become
part of the publicly available contract or | ||||||
19 | procurement file
maintained by the appropriate chief | ||||||
20 | procurement officer. Each disclosure under this Section shall | ||||||
21 | be signed and made under penalty of perjury by an authorized | ||||||
22 | officer or employee on behalf of the bidder, offeror, | ||||||
23 | potential contractor, contractor, or subcontractor, and must | ||||||
24 | be filed with the Procurement Policy Board and the Commission | ||||||
25 | on Equity and Inclusion. |
| |||||||
| |||||||
1 | (b) Disclosure shall include any
ownership or distributive | ||||||
2 | income share that is in excess of 5%, or an amount
greater than | ||||||
3 | 60% of the annual salary of the Governor, of the disclosing | ||||||
4 | entity
or its parent entity, whichever is less, unless the | ||||||
5 | bidder, offeror, potential contractor, contractor, or | ||||||
6 | subcontractor
(i) is a
publicly traded entity subject to | ||||||
7 | Federal 10K reporting, in which case it may
submit its 10K
| ||||||
8 | disclosure in place of the prescribed disclosure, or (ii) is a | ||||||
9 | privately held
entity that is exempt from Federal 10k | ||||||
10 | reporting but has more than 100
shareholders, in which case it | ||||||
11 | may submit the information that Federal 10k
reporting | ||||||
12 | companies are required to report under 17 CFR 229.401 and list | ||||||
13 | the
names of any person or entity holding any ownership share | ||||||
14 | that is in excess of
5% in place of the prescribed disclosure. | ||||||
15 | The form of disclosure shall
be prescribed by the applicable | ||||||
16 | chief procurement officer and must include at
least the names,
| ||||||
17 | addresses, and dollar or proportionate share of ownership of | ||||||
18 | each person
identified in this Section, their instrument of | ||||||
19 | ownership or beneficial
relationship, and notice of any | ||||||
20 | potential conflict of interest resulting from
the current | ||||||
21 | ownership or beneficial relationship of each individual | ||||||
22 | identified in
this Section having in addition any of the | ||||||
23 | following relationships: | ||||||
24 | (1) State employment, currently or in the previous 3 | ||||||
25 | years, including
contractual employment of services. | ||||||
26 | (2) State employment of spouse, father, mother, son, |
| |||||||
| |||||||
1 | or daughter,
including
contractual employment for services | ||||||
2 | in the previous 2 years. | ||||||
3 | (3) Elective status; the holding of elective office of | ||||||
4 | the State of
Illinois, the government of the United | ||||||
5 | States, any unit of local government
authorized by the | ||||||
6 | Constitution of the State of Illinois or the statutes of | ||||||
7 | the
State of Illinois currently or in the previous 3 | ||||||
8 | years. | ||||||
9 | (4) Relationship to anyone holding elective office | ||||||
10 | currently or in the
previous 2 years; spouse, father, | ||||||
11 | mother, son, or daughter. | ||||||
12 | (5) Appointive office; the holding of any appointive | ||||||
13 | government office of
the State of Illinois, the United | ||||||
14 | States of America, or any unit of local
government | ||||||
15 | authorized by the Constitution of the State of Illinois or | ||||||
16 | the
statutes of the State of Illinois, which office | ||||||
17 | entitles the holder to
compensation in excess of expenses | ||||||
18 | incurred in the discharge of that office
currently or in | ||||||
19 | the previous 3 years. | ||||||
20 | (6) Relationship to anyone holding appointive office | ||||||
21 | currently or in the
previous 2 years; spouse, father, | ||||||
22 | mother, son, or daughter. | ||||||
23 | (7) Employment, currently or in the previous 3 years, | ||||||
24 | as or by any
registered lobbyist of the State government. | ||||||
25 | (8) Relationship to anyone who is or was a registered | ||||||
26 | lobbyist in the
previous 2 years; spouse, father, mother, |
| |||||||
| |||||||
1 | son, or daughter. | ||||||
2 | (9) Compensated employment, currently or in the | ||||||
3 | previous 3 years, by any
registered election or | ||||||
4 | re-election committee registered with the Secretary of
| ||||||
5 | State or any county clerk in the State of Illinois, or any | ||||||
6 | political action
committee registered with either the | ||||||
7 | Secretary of State or the Federal Board of
Elections. | ||||||
8 | (10) Relationship to anyone; spouse, father, mother, | ||||||
9 | son, or daughter; who
is or was a compensated employee in | ||||||
10 | the last 2 years of any registered
election or re-election | ||||||
11 | committee registered with the Secretary of State or any
| ||||||
12 | county clerk in the State of Illinois, or any political | ||||||
13 | action committee
registered with either the Secretary of | ||||||
14 | State or the Federal Board of
Elections. | ||||||
15 | (b-1) The disclosure required under this Section must also | ||||||
16 | include the name and address of each lobbyist required to | ||||||
17 | register under the Lobbyist Registration Act and other agent | ||||||
18 | of the bidder, offeror, potential contractor, contractor, or | ||||||
19 | subcontractor who is not identified under subsections (a) and | ||||||
20 | (b) and who has communicated, is communicating, or may | ||||||
21 | communicate with any State officer or employee concerning the | ||||||
22 | bid or offer. The disclosure under this subsection is a | ||||||
23 | continuing obligation and must be promptly supplemented for | ||||||
24 | accuracy throughout the process and throughout the term of the | ||||||
25 | contract if the bid or offer is successful. | ||||||
26 | (b-2) The disclosure required under this Section must also |
| |||||||
| |||||||
1 | include, for each of the persons identified in subsection (b) | ||||||
2 | or (b-1), each of the following that occurred within the | ||||||
3 | previous 10 years: suspension or debarment from contracting | ||||||
4 | with any governmental entity; professional licensure | ||||||
5 | discipline; bankruptcies; adverse civil judgments and | ||||||
6 | administrative findings; and criminal felony convictions. The | ||||||
7 | disclosure under this subsection is a continuing obligation | ||||||
8 | and must be promptly supplemented for accuracy throughout the | ||||||
9 | process and throughout the term of the contract if the bid or | ||||||
10 | offer is successful. | ||||||
11 | (c) The disclosure in subsection (b) is not intended to | ||||||
12 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
13 | fully and publicly disclose any potential
conflict to the | ||||||
14 | chief procurement officers, State purchasing officers, their
| ||||||
15 | designees, and executive officers so they may adequately | ||||||
16 | discharge their duty
to protect the State. | ||||||
17 | (d) When a potential for a conflict of interest is | ||||||
18 | identified, discovered, or reasonably suspected, the chief | ||||||
19 | procurement officer or State procurement officer shall send | ||||||
20 | the contract to the Procurement Policy Board and the | ||||||
21 | Commission on Equity and Inclusion. In accordance with the | ||||||
22 | objectives of subsection (c), if the Procurement Policy Board | ||||||
23 | or the Commission on Equity and Inclusion finds evidence of a | ||||||
24 | potential conflict of interest not originally disclosed by the | ||||||
25 | bidder, offeror, potential contractor, contractor, or | ||||||
26 | subcontractor, the Board or the Commission on Equity and |
| |||||||
| |||||||
1 | Inclusion shall provide written notice to the bidder, offeror, | ||||||
2 | potential contractor, contractor, or subcontractor that is | ||||||
3 | identified, discovered, or reasonably suspected of having a | ||||||
4 | potential conflict of interest. The bidder, offeror, potential | ||||||
5 | contractor, contractor, or subcontractor shall have 15 | ||||||
6 | calendar days to respond in writing to the Board or the | ||||||
7 | Commission on Equity and Inclusion, and a hearing before the | ||||||
8 | Board or the Commission on Equity and Inclusion will be | ||||||
9 | granted upon request by the bidder, offeror, potential | ||||||
10 | contractor, contractor, or subcontractor, at a date and time | ||||||
11 | to be determined by the Board or the Commission on Equity and | ||||||
12 | Inclusion, but which in no event shall occur later than 15 | ||||||
13 | calendar days after the date of the request. Upon | ||||||
14 | consideration, the Board or the Commission on Equity and | ||||||
15 | Inclusion shall recommend, in writing, whether to allow or | ||||||
16 | void the contract, bid, offer, or subcontract weighing the | ||||||
17 | best interest of the State of Illinois. All recommendations | ||||||
18 | shall be submitted to the Executive Ethics Commission. The | ||||||
19 | Executive Ethics Commission must hold a public hearing within | ||||||
20 | 30 calendar days after receiving the Board's or the Commission | ||||||
21 | on Equity and Inclusion's recommendation if the Procurement | ||||||
22 | Policy Board or the Commission on Equity and Inclusion makes a | ||||||
23 | recommendation to (i) void a contract or (ii) void a bid or | ||||||
24 | offer and the chief procurement officer selected or intends to | ||||||
25 | award the contract to the bidder, offeror, or potential | ||||||
26 | contractor. A chief procurement officer is prohibited from |
| |||||||
| |||||||
1 | awarding a contract before a hearing if the Board or the | ||||||
2 | Commission on Equity and Inclusion recommendation does not | ||||||
3 | support a bid or offer. The recommendation and proceedings of | ||||||
4 | any hearing, if applicable, shall be available to the public. | ||||||
5 | (e) These thresholds and disclosure do not relieve the | ||||||
6 | chief procurement
officer, the State purchasing officer, or
| ||||||
7 | their designees from reasonable care and diligence for any | ||||||
8 | contract, bid,
offer, or submission to a vendor portal. The | ||||||
9 | chief procurement officer, the State purchasing officer, or
| ||||||
10 | their designees shall be
responsible for using any reasonably | ||||||
11 | known and publicly available information
to
discover any | ||||||
12 | undisclosed potential conflict of interest and act to protect | ||||||
13 | the
best interest of the State of Illinois. | ||||||
14 | (f) Inadvertent or accidental failure to fully disclose | ||||||
15 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
16 | or relationship voidable by the chief procurement
officer if | ||||||
17 | he or she deems it in
the best interest of the State of | ||||||
18 | Illinois and, at his or her discretion, may
be cause for | ||||||
19 | barring from future contracts, bids, offers, proposals, | ||||||
20 | subcontracts, or
relationships with the State for a period of | ||||||
21 | up to 2 years. | ||||||
22 | (g) Intentional, willful, or material failure to disclose | ||||||
23 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
24 | or relationship voidable by the chief procurement
officer if | ||||||
25 | he or she deems it in
the best interest of the State of | ||||||
26 | Illinois and shall result in debarment from
future contracts, |
| |||||||
| |||||||
1 | bids, offers, proposals, subcontracts, or relationships for a | ||||||
2 | period of not less
than 2 years and not more than 10 years. | ||||||
3 | Reinstatement after 2 years and
before 10 years must be | ||||||
4 | reviewed and commented on in writing by the Governor
of the | ||||||
5 | State of Illinois, or by an executive ethics board or | ||||||
6 | commission he or
she
might designate. The comment shall be | ||||||
7 | returned to the responsible chief
procurement officer who must
| ||||||
8 | rule in writing whether and when to reinstate. | ||||||
9 | (h) In addition, all disclosures shall note any other | ||||||
10 | current or pending
contracts, bids, offers, proposals, | ||||||
11 | subcontracts, leases, or other ongoing procurement | ||||||
12 | relationships the bidder, offeror, potential contractor, | ||||||
13 | contractor, or subcontractor has with any other unit of State
| ||||||
14 | government and shall clearly identify the unit and the | ||||||
15 | contract, offer, proposal,
lease, or other relationship. | ||||||
16 | (i) The bidder, offeror, potential contractor, or | ||||||
17 | contractor has a continuing obligation to supplement the | ||||||
18 | disclosure required by this Section throughout the bidding | ||||||
19 | process during the term of any contract, and during the vendor | ||||||
20 | portal registration process. | ||||||
21 | (Source: P.A. 101-657, eff. 1-1-22 .) | ||||||
22 | (Text of Section after amendment by P.A. 102-721 ) | ||||||
23 | Sec. 50-35. Financial disclosure and potential conflicts | ||||||
24 | of interest. | ||||||
25 | (a) All bids and offers from responsive bidders, offerors, |
| |||||||
| |||||||
1 | vendors, or contractors with an annual value that exceeds the | ||||||
2 | small purchase threshold established under subsection (a) of | ||||||
3 | Section 20-20 of this Code, and all submissions to a vendor | ||||||
4 | portal, shall be accompanied by disclosure of the financial
| ||||||
5 | interests of the bidder, offeror, potential contractor, or | ||||||
6 | contractor and each subcontractor to be used. In addition, all | ||||||
7 | subcontracts identified as provided by Section 20-120 of this | ||||||
8 | Code with an annual value that exceeds the small purchase | ||||||
9 | threshold established under subsection (a) of Section 20-20 of | ||||||
10 | this Code shall be accompanied by disclosure of the financial
| ||||||
11 | interests of each subcontractor. The financial disclosure of
| ||||||
12 | each successful bidder, offeror, potential contractor, or | ||||||
13 | contractor and its subcontractors shall be incorporated as a | ||||||
14 | material term of the contract and shall become
part of the | ||||||
15 | publicly available contract or procurement file
maintained by | ||||||
16 | the appropriate chief procurement officer. Each disclosure | ||||||
17 | under this Section shall be signed and made under penalty of | ||||||
18 | perjury by an authorized officer or employee on behalf of the | ||||||
19 | bidder, offeror, potential contractor, contractor, or | ||||||
20 | subcontractor, and must be filed with the Procurement Policy | ||||||
21 | Board and the Commission on Equity and Inclusion. | ||||||
22 | (b) Disclosure shall include any
ownership or distributive | ||||||
23 | income share that is in excess of 5%, or an amount
greater than | ||||||
24 | 60% of the annual salary of the Governor, of the disclosing | ||||||
25 | entity
or its parent entity, whichever is less, unless the | ||||||
26 | bidder, offeror, potential contractor, contractor, or |
| |||||||
| |||||||
1 | subcontractor
(i) is a
publicly traded entity subject to | ||||||
2 | Federal 10K reporting, in which case it may
submit its 10K
| ||||||
3 | disclosure in place of the prescribed disclosure, or (ii) is a | ||||||
4 | privately held
entity that is exempt from Federal 10k | ||||||
5 | reporting but has more than 100
shareholders, in which case it | ||||||
6 | may submit the information that Federal 10k
reporting | ||||||
7 | companies are required to report under 17 CFR 229.401 and list | ||||||
8 | the
names of any person or entity holding any ownership share | ||||||
9 | that is in excess of
5% in place of the prescribed disclosure. | ||||||
10 | The form of disclosure shall
be prescribed by the applicable | ||||||
11 | chief procurement officer and must include at
least the names,
| ||||||
12 | addresses, and dollar or proportionate share of ownership of | ||||||
13 | each person
identified in this Section, their instrument of | ||||||
14 | ownership or beneficial
relationship, and notice of any | ||||||
15 | potential conflict of interest resulting from
the current | ||||||
16 | ownership or beneficial relationship of each individual | ||||||
17 | identified in
this Section having in addition any of the | ||||||
18 | following relationships: | ||||||
19 | (1) State employment, currently or in the previous 3 | ||||||
20 | years, including
contractual employment of services. | ||||||
21 | (2) State employment of spouse, father, mother, son, | ||||||
22 | or daughter,
including
contractual employment for services | ||||||
23 | in the previous 2 years. | ||||||
24 | (3) Elective status; the holding of elective office of | ||||||
25 | the State of
Illinois, the government of the United | ||||||
26 | States, any unit of local government
authorized by the |
| |||||||
| |||||||
1 | Constitution of the State of Illinois or the statutes of | ||||||
2 | the
State of Illinois currently or in the previous 3 | ||||||
3 | years. | ||||||
4 | (4) Relationship to anyone holding elective office | ||||||
5 | currently or in the
previous 2 years; spouse, father, | ||||||
6 | mother, son, or daughter. | ||||||
7 | (5) Appointive office; the holding of any appointive | ||||||
8 | government office of
the State of Illinois, the United | ||||||
9 | States of America, or any unit of local
government | ||||||
10 | authorized by the Constitution of the State of Illinois or | ||||||
11 | the
statutes of the State of Illinois, which office | ||||||
12 | entitles the holder to
compensation in excess of expenses | ||||||
13 | incurred in the discharge of that office
currently or in | ||||||
14 | the previous 3 years. | ||||||
15 | (6) Relationship to anyone holding appointive office | ||||||
16 | currently or in the
previous 2 years; spouse, father, | ||||||
17 | mother, son, or daughter. | ||||||
18 | (7) Employment, currently or in the previous 3 years, | ||||||
19 | as or by any
registered lobbyist of the State government. | ||||||
20 | (8) Relationship to anyone who is or was a registered | ||||||
21 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
22 | son, or daughter. | ||||||
23 | (9) Compensated employment, currently or in the | ||||||
24 | previous 3 years, by any
registered election or | ||||||
25 | re-election committee registered with the Secretary of
| ||||||
26 | State or any county clerk in the State of Illinois, or any |
| |||||||
| |||||||
1 | political action
committee registered with either the | ||||||
2 | Secretary of State or the Federal Board of
Elections. | ||||||
3 | (10) Relationship to anyone; spouse, father, mother, | ||||||
4 | son, or daughter; who
is or was a compensated employee in | ||||||
5 | the last 2 years of any registered
election or re-election | ||||||
6 | committee registered with the Secretary of State or any
| ||||||
7 | county clerk in the State of Illinois, or any political | ||||||
8 | action committee
registered with either the Secretary of | ||||||
9 | State or the Federal Board of
Elections. | ||||||
10 | (b-1) The disclosure required under this Section must also | ||||||
11 | include the name and address of each lobbyist required to | ||||||
12 | register under the Lobbyist Registration Act and other agent | ||||||
13 | of the bidder, offeror, potential contractor, contractor, or | ||||||
14 | subcontractor who is not identified under subsections (a) and | ||||||
15 | (b) and who has communicated, is communicating, or may | ||||||
16 | communicate with any State officer or employee concerning the | ||||||
17 | bid or offer. The disclosure under this subsection is a | ||||||
18 | continuing obligation and must be promptly supplemented for | ||||||
19 | accuracy throughout the process and throughout the term of the | ||||||
20 | contract if the bid or offer is successful. | ||||||
21 | (b-2) The disclosure required under this Section must also | ||||||
22 | include, for each of the persons identified in subsection (b) | ||||||
23 | or (b-1), each of the following that occurred within the | ||||||
24 | previous 10 years: suspension or debarment from contracting | ||||||
25 | with any governmental entity; professional licensure | ||||||
26 | discipline; bankruptcies; adverse civil judgments and |
| |||||||
| |||||||
1 | administrative findings; and criminal felony convictions. The | ||||||
2 | disclosure under this subsection is a continuing obligation | ||||||
3 | and must be promptly supplemented for accuracy throughout the | ||||||
4 | process and throughout the term of the contract if the bid or | ||||||
5 | offer is successful. | ||||||
6 | (c) The disclosure in subsection (b) is not intended to | ||||||
7 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
8 | fully and publicly disclose any potential
conflict to the | ||||||
9 | chief procurement officers, State purchasing officers, their
| ||||||
10 | designees, and executive officers so they may adequately | ||||||
11 | discharge their duty
to protect the State. | ||||||
12 | (d) When a potential for a conflict of interest is | ||||||
13 | identified, discovered, or reasonably suspected, the chief | ||||||
14 | procurement officer or State procurement officer shall send | ||||||
15 | the contract to the Procurement Policy Board and the | ||||||
16 | Commission on Equity and Inclusion. In accordance with the | ||||||
17 | objectives of subsection (c), if the Procurement Policy Board | ||||||
18 | or the Commission on Equity and Inclusion finds evidence of a | ||||||
19 | potential conflict of interest not originally disclosed by the | ||||||
20 | bidder, offeror, potential contractor, contractor, or | ||||||
21 | subcontractor, the Board or the Commission on Equity and | ||||||
22 | Inclusion shall provide written notice to the bidder, offeror, | ||||||
23 | potential contractor, contractor, or subcontractor that is | ||||||
24 | identified, discovered, or reasonably suspected of having a | ||||||
25 | potential conflict of interest. The bidder, offeror, potential | ||||||
26 | contractor, contractor, or subcontractor shall have 15 |
| |||||||
| |||||||
1 | calendar days to respond in writing to the Board or the | ||||||
2 | Commission on Equity and Inclusion, and a hearing before the | ||||||
3 | Board or the Commission on Equity and Inclusion will be | ||||||
4 | granted upon request by the bidder, offeror, potential | ||||||
5 | contractor, contractor, or subcontractor, at a date and time | ||||||
6 | to be determined by the Board or the Commission on Equity and | ||||||
7 | Inclusion, but which in no event shall occur later than 15 | ||||||
8 | calendar days after the date of the request. Upon | ||||||
9 | consideration, the Board or the Commission on Equity and | ||||||
10 | Inclusion shall recommend, in writing, whether to allow or | ||||||
11 | void the contract, bid, offer, or subcontract weighing the | ||||||
12 | best interest of the State of Illinois. All recommendations | ||||||
13 | shall be submitted to the Executive Ethics Commission. Those | ||||||
14 | recommendations made concerning conflicts identified in the | ||||||
15 | course of a procurement for a public institution of higher | ||||||
16 | education are, for procurements having a cumulative value | ||||||
17 | under $5,000, valid and enforceable, for one calendar year | ||||||
18 | after the initial recommendation was made, for all subsequent | ||||||
19 | conflicts for that vendor with regard to the same public | ||||||
20 | institution of higher education. The Executive Ethics | ||||||
21 | Commission must hold a public hearing within 30 calendar days | ||||||
22 | after receiving the Board's or the Commission on Equity and | ||||||
23 | Inclusion's recommendation if the Procurement Policy Board or | ||||||
24 | the Commission on Equity and Inclusion makes a recommendation | ||||||
25 | to (i) void a contract or (ii) void a bid or offer and the | ||||||
26 | chief procurement officer selected or intends to award the |
| |||||||
| |||||||
1 | contract to the bidder, offeror, or potential contractor. A | ||||||
2 | chief procurement officer is prohibited from awarding a | ||||||
3 | contract before a hearing if the Board or the Commission on | ||||||
4 | Equity and Inclusion recommendation does not support a bid or | ||||||
5 | offer. The recommendation and proceedings of any hearing, if | ||||||
6 | applicable, shall be available to the public. | ||||||
7 | (e) These thresholds and disclosure do not relieve the | ||||||
8 | chief procurement
officer, the State purchasing officer, or
| ||||||
9 | their designees from reasonable care and diligence for any | ||||||
10 | contract, bid,
offer, or submission to a vendor portal. The | ||||||
11 | chief procurement officer, the State purchasing officer, or
| ||||||
12 | their designees shall be
responsible for using any reasonably | ||||||
13 | known and publicly available information
to
discover any | ||||||
14 | undisclosed potential conflict of interest and act to protect | ||||||
15 | the
best interest of the State of Illinois. | ||||||
16 | (f) Inadvertent or accidental failure to fully disclose | ||||||
17 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
18 | or relationship voidable by the chief procurement
officer if | ||||||
19 | he or she deems it in
the best interest of the State of | ||||||
20 | Illinois and, at his or her discretion, may
be cause for | ||||||
21 | barring from future contracts, bids, offers, proposals, | ||||||
22 | subcontracts, or
relationships with the State for a period of | ||||||
23 | up to 2 years. | ||||||
24 | (g) Intentional, willful, or material failure to disclose | ||||||
25 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
26 | or relationship voidable by the chief procurement
officer if |
| |||||||
| |||||||
1 | he or she deems it in
the best interest of the State of | ||||||
2 | Illinois and shall result in debarment from
future contracts, | ||||||
3 | bids, offers, proposals, subcontracts, or relationships for a | ||||||
4 | period of not less
than 2 years and not more than 10 years. | ||||||
5 | Reinstatement after 2 years and
before 10 years must be | ||||||
6 | reviewed and commented on in writing by the Governor
of the | ||||||
7 | State of Illinois, or by an executive ethics board or | ||||||
8 | commission he or
she
might designate. The comment shall be | ||||||
9 | returned to the responsible chief
procurement officer who must
| ||||||
10 | rule in writing whether and when to reinstate. | ||||||
11 | (h) In addition, all disclosures shall note any other | ||||||
12 | current or pending
contracts, bids, offers, proposals, | ||||||
13 | subcontracts, leases, or other ongoing procurement | ||||||
14 | relationships the bidder, offeror, potential contractor, | ||||||
15 | contractor, or subcontractor has with any other unit of State
| ||||||
16 | government and shall clearly identify the unit and the | ||||||
17 | contract, offer, proposal,
lease, or other relationship. | ||||||
18 | (i) The bidder, offeror, potential contractor, or | ||||||
19 | contractor has a continuing obligation to supplement the | ||||||
20 | disclosure required by this Section throughout the bidding | ||||||
21 | process during the term of any contract, and during the vendor | ||||||
22 | portal registration process. | ||||||
23 | (j) If a bid or offer is received from a responsive bidder, | ||||||
24 | offeror, vendor, contractor, or subcontractor with an annual | ||||||
25 | value of more than $100,000 and the bidder, offeror, vendor, | ||||||
26 | contractor, or subcontractor has an active contract with that |
| |||||||
| |||||||
1 | same entity and already has submitted their financial | ||||||
2 | disclosures and potential conflicts of interest within the | ||||||
3 | last 12 months, the bidder, offeror, vendor, contractor, or | ||||||
4 | subcontractor may submit a signed affidavit attesting that the | ||||||
5 | original submission of its financial disclosures and potential | ||||||
6 | conflicts of interests has not been altered or changed. The | ||||||
7 | form and content of the affidavit shall be prescribed by the | ||||||
8 | applicable chief procurement officer. | ||||||
9 | (Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23.) | ||||||
10 | (30 ILCS 500/55-25) | ||||||
11 | (Section scheduled to be repealed on January 1, 2025) | ||||||
12 | Sec. 55-25. State Procurement Task Force. | ||||||
13 | (a) There is hereby created the State Procurement Task | ||||||
14 | Force. | ||||||
15 | (b) The task force shall survey the State procurement | ||||||
16 | process and make recommendations to: (i) ensure that the | ||||||
17 | process is equitable and efficient; (ii) provide departments | ||||||
18 | with the flexibility needed to be successful; (iii) change the | ||||||
19 | current structure of the procurement process; (iv) update the | ||||||
20 | process to reflect modern procurement methods; (v) increase | ||||||
21 | women-owned and minority-owned business participation; (vi) | ||||||
22 | increase participation by Illinois vendors; and (vii) reduce | ||||||
23 | costs and increase efficiency of State procurements. | ||||||
24 | (c) The task force shall consist of the following members: | ||||||
25 | (1) 4 members of the House of Representatives, |
| |||||||
| |||||||
1 | appointed by the Speaker of the House of Representatives , | ||||||
2 | one of whom shall serve as co-chair of the Task Force ; | ||||||
3 | (2) 4 members of the Senate, appointed by the | ||||||
4 | President of the Senate , one of whom shall serve as | ||||||
5 | co-chair of the Task Force ; | ||||||
6 | (3) 3 members of the House of Representatives, | ||||||
7 | appointed by the Minority Leader of the House of | ||||||
8 | Representatives; | ||||||
9 | (4) 3 members of the Senate, appointed by the Minority | ||||||
10 | Leader of the Senate; | ||||||
11 | (5) 1 member representing State institutions of higher | ||||||
12 | education, appointed by the President of the Senate; | ||||||
13 | (6) 1 member representing State institutions of higher | ||||||
14 | education, appointed by the Speaker of the House of | ||||||
15 | Representatives; | ||||||
16 | (7) 5 members representing vendors, with one each | ||||||
17 | appointed by the Governor, the Speaker of the House of | ||||||
18 | Representatives, the President of the Senate, the Minority | ||||||
19 | Leader of the House of Representatives, and the Minority | ||||||
20 | Leader of the Senate; | ||||||
21 | (8) 5 members of the public representing women-owned | ||||||
22 | and minority-owned businesses, with one each appointed by | ||||||
23 | the Governor, the Speaker of the House of Representatives, | ||||||
24 | the President of the Senate, the Minority Leader of the | ||||||
25 | House of Representatives, and the Minority Leader of the | ||||||
26 | Senate; |
| |||||||
| |||||||
1 | (9) 1 member from the Department of Central Management | ||||||
2 | Services, appointed by the Governor; | ||||||
3 | (10) 1 member from the Department of Transportation, | ||||||
4 | appointed by the Governor; | ||||||
5 | (11) 1 member from the Department of Information and | ||||||
6 | Technology, appointed by the Governor; | ||||||
7 | (12) 1 Chief Procurement Officer, appointed by the | ||||||
8 | Governor; and | ||||||
9 | (13) the Chairperson of the Commission on Equity and | ||||||
10 | Inclusion , who shall serve as Chair of the Task Force . | ||||||
11 | (d) Members of the task force shall serve without | ||||||
12 | compensation for the duration of the task force. | ||||||
13 | (e) As soon as practicable after all members have been | ||||||
14 | appointed, the task force shall hold its first meeting. The | ||||||
15 | task force shall hold at least 7 meetings. | ||||||
16 | (f) The Procurement Policy Board Department of Central | ||||||
17 | Management Services shall provide administrative and other | ||||||
18 | support to the task force. | ||||||
19 | (g) The task force shall from time to time submit reports | ||||||
20 | of its findings and recommendations on its survey of State | ||||||
21 | procurement processes to the Governor and the General | ||||||
22 | Assembly. By February 1, 2023 November 1, 2022 , the task force | ||||||
23 | shall submit a report to the Governor and General Assembly | ||||||
24 | reporting findings and recommendations specifically including | ||||||
25 | any proposed recommendations to: (i) alter the current | ||||||
26 | structure and number of Chief Procurement Officers; (ii) enact |
| |||||||
| |||||||
1 | or modify cure periods in the Procurement Code that allow a | ||||||
2 | potentially successful vendor to correct technical | ||||||
3 | deficiencies in the vendor's bid; (iii) enact measures that | ||||||
4 | increase efficiency, modernization, or reduce costs within the | ||||||
5 | procurement system; and (iv) increase women-owned and | ||||||
6 | minority-owned business participation. On or before January 1, | ||||||
7 | 2024, the task force shall submit a report of its findings and | ||||||
8 | recommendations on its survey of State procurement processes | ||||||
9 | to the Governor and the General Assembly. | ||||||
10 | (h) This Section is repealed on January 1, 2025.
| ||||||
11 | (Source: P.A. 102-721, eff. 5-6-22.) | ||||||
12 | Section 20. The Design-Build
Procurement Act is amended by | ||||||
13 | changing Sections 5, 10, and 90 as follows: | ||||||
14 | (30 ILCS 537/5) | ||||||
15 | (Section scheduled to be repealed on July 1, 2027)
| ||||||
16 | Sec. 5. Legislative policy. It is the intent of the | ||||||
17 | General Assembly
that
the State construction agency Capital | ||||||
18 | Development Board be allowed to use the design-build delivery | ||||||
19 | method
for public
projects if it is shown to be in the State's | ||||||
20 | best interest for that particular
project. It shall be the | ||||||
21 | policy of the State construction agency Capital Development | ||||||
22 | Board in the
procurement of
design-build services to publicly | ||||||
23 | announce all requirements for design-build
services and to | ||||||
24 | procure these services on the basis of demonstrated competence
|
| |||||||
| |||||||
1 | and qualifications and with due regard for the principles of | ||||||
2 | competitive
selection.
| ||||||
3 | The State construction agency Capital Development Board | ||||||
4 | shall, prior to issuing requests for proposals,
promulgate
and | ||||||
5 | publish procedures for the solicitation and award of contracts | ||||||
6 | pursuant to
this Act.
| ||||||
7 | The State construction agency Capital Development Board | ||||||
8 | shall, for each public project or projects
permitted under
| ||||||
9 | this Act, make a written determination, including a | ||||||
10 | description as to the
particular advantages of the | ||||||
11 | design-build procurement method, that it is in the
best | ||||||
12 | interests of this State to enter into a design-build contract | ||||||
13 | for the
project or projects. In making that determination, the | ||||||
14 | following factors shall
be considered:
| ||||||
15 | (1) The probability that the design-build procurement | ||||||
16 | method will be in
the best interests of the State by | ||||||
17 | providing a material savings of time or
cost over the | ||||||
18 | design-bid-build or other delivery system.
| ||||||
19 | (2) The type and size of the project and its | ||||||
20 | suitability to the
design-build procurement method.
| ||||||
21 | (3) The ability of the State construction agency to | ||||||
22 | define and provide
comprehensive
scope and performance | ||||||
23 | criteria for the project.
| ||||||
24 | No State construction agency may use a design-build | ||||||
25 | procurement method unless the agency determines in writing | ||||||
26 | that the project will comply with the disadvantaged business |
| |||||||
| |||||||
1 | and equal employment practices of the State as established in | ||||||
2 | the Business Enterprise for Minorities, Women, and Persons | ||||||
3 | with Disabilities Act and Section 2-105 of the Illinois Human | ||||||
4 | Rights Act.
| ||||||
5 | The State construction agency Capital Development Board | ||||||
6 | shall within 15 days after the initial
determination provide | ||||||
7 | an advisory copy to the Procurement Policy Board and
maintain | ||||||
8 | the full record of determination for 5 years.
| ||||||
9 | (Source: P.A. 100-391, eff. 8-25-17 .) | ||||||
10 | (30 ILCS 537/10) | ||||||
11 | (Section scheduled to be repealed on July 1, 2027)
| ||||||
12 | Sec. 10. Definitions. As used in this Act:
| ||||||
13 | "State construction agency" means the Capital Development | ||||||
14 | Board or, in the case of a design-build procurement for a | ||||||
15 | public institution of higher education, the public institution | ||||||
16 | of higher education .
| ||||||
17 | "Delivery system" means the design and construction | ||||||
18 | approach used to develop
and construct a project.
| ||||||
19 | "Design-bid-build" means the traditional delivery system | ||||||
20 | used on public
projects in this State that incorporates the | ||||||
21 | Architectural, Engineering, and
Land Surveying Qualification | ||||||
22 | Based Selection Act (30 ILCS 535/) and the
principles of | ||||||
23 | competitive selection in the Illinois Procurement Code (30 | ||||||
24 | ILCS
500/).
| ||||||
25 | "Design-build" means a delivery system that provides |
| |||||||
| |||||||
1 | responsibility within a
single contract for the furnishing of | ||||||
2 | architecture, engineering, land surveying
and related services | ||||||
3 | as required, and the labor, materials, equipment, and
other | ||||||
4 | construction services for the project.
| ||||||
5 | "Design-build contract" means a contract for a public | ||||||
6 | project under this Act
between the State construction agency | ||||||
7 | and a design-build entity to furnish
architecture,
| ||||||
8 | engineering, land surveying, and related services as required, | ||||||
9 | and to furnish
the labor, materials, equipment, and other | ||||||
10 | construction services for the
project. The design-build | ||||||
11 | contract may be conditioned upon subsequent
refinements in | ||||||
12 | scope and price and may allow the State construction agency to
| ||||||
13 | make
modifications in the project scope without invalidating | ||||||
14 | the design-build
contract.
| ||||||
15 | "Design-build entity" means any individual, sole | ||||||
16 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
17 | professional corporation, or other
entity that proposes to | ||||||
18 | design and construct any public project under this Act.
A | ||||||
19 | design-build entity and associated design-build professionals | ||||||
20 | shall conduct themselves in accordance with the laws of this | ||||||
21 | State and the related provisions of the Illinois | ||||||
22 | Administrative Code, as referenced by the licensed design | ||||||
23 | professionals Acts of this State.
| ||||||
24 | "Design professional" means any individual, sole | ||||||
25 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
26 | professional corporation, or other
entity that offers services |
| |||||||
| |||||||
1 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
2 | 305/), the Professional Engineering Practice Act of 1989 (225
| ||||||
3 | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||||||
4 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor | ||||||
5 | Act of 1989 (225 ILCS 330/).
| ||||||
6 | "Evaluation criteria" means the requirements for the | ||||||
7 | separate phases of the
selection process as defined in this | ||||||
8 | Act and may include the specialized
experience, technical | ||||||
9 | qualifications and competence, capacity to perform, past
| ||||||
10 | performance, experience with similar projects, assignment of | ||||||
11 | personnel to the
project, and other appropriate factors. Price | ||||||
12 | may not be used as a factor in
the evaluation of Phase I | ||||||
13 | proposals.
| ||||||
14 | "Proposal" means the offer to enter into a design-build | ||||||
15 | contract as submitted
by a design-build entity in accordance | ||||||
16 | with this Act.
| ||||||
17 | "Public institution of higher education" has the meaning | ||||||
18 | ascribed in subsection (f) of Section 1-13 of the Illinois | ||||||
19 | Procurement Code. | ||||||
20 | "Request for proposal" means the document used by the | ||||||
21 | State construction agency
to solicit
proposals for a | ||||||
22 | design-build contract.
| ||||||
23 | "Scope and performance criteria" means the requirements | ||||||
24 | for the public
project, including but not limited to, the | ||||||
25 | intended usage, capacity, size,
scope, quality and performance | ||||||
26 | standards, life-cycle costs, and other
programmatic criteria |
| |||||||
| |||||||
1 | that are expressed in performance-oriented and
quantifiable | ||||||
2 | specifications and drawings that can be reasonably inferred | ||||||
3 | and
are suited to allow a design-build entity to develop a | ||||||
4 | proposal.
| ||||||
5 | (Source: P.A. 94-716, eff. 12-13-05 .) | ||||||
6 | (30 ILCS 537/90) | ||||||
7 | (Section scheduled to be repealed on July 1, 2027)
| ||||||
8 | Sec. 90. Repealer. This Act is repealed on January 1, 2026 | ||||||
9 | July 1, 2027 .
| ||||||
10 | (Source: P.A. 102-1016, eff. 5-27-22.) | ||||||
11 | Section 25. The Business Enterprise for Minorities, Women, | ||||||
12 | and Persons with
Disabilities Act is amended by changing | ||||||
13 | Sections 2 and 4 as follows:
| ||||||
14 | (30 ILCS 575/2)
| ||||||
15 | (Section scheduled to be repealed on June 30, 2024) | ||||||
16 | Sec. 2. Definitions.
| ||||||
17 | (A) For the purpose of this Act, the following
terms shall | ||||||
18 | have the following definitions:
| ||||||
19 | (1) "Minority person" shall mean a person who is a | ||||||
20 | citizen or lawful
permanent resident of the United States | ||||||
21 | and who is any of the following:
| ||||||
22 | (a) American Indian or Alaska Native (a person | ||||||
23 | having origins in any of the original peoples of North |
| |||||||
| |||||||
1 | and South America, including Central America, and who | ||||||
2 | maintains tribal affiliation or community attachment). | ||||||
3 | (b) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or | ||||||
5 | the Indian subcontinent, including, but not limited | ||||||
6 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
7 | Pakistan, the Philippine Islands, Thailand, and | ||||||
8 | Vietnam). | ||||||
9 | (c) Black or African American (a person having | ||||||
10 | origins in any of the black racial groups of Africa). | ||||||
11 | (d) Hispanic or Latino (a person of Cuban, | ||||||
12 | Mexican, Puerto Rican, South or Central American, or | ||||||
13 | other Spanish culture or origin, regardless of race). | ||||||
14 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
15 | person having origins in any of the original peoples | ||||||
16 | of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
17 | (2) "Woman" shall mean a person who is a citizen or | ||||||
18 | lawful permanent
resident of the United States and who is | ||||||
19 | of the female gender.
| ||||||
20 | (2.05) "Person with a disability" means a person who | ||||||
21 | is a citizen or
lawful resident of the United States and is | ||||||
22 | a person qualifying as a person with a disability under | ||||||
23 | subdivision (2.1) of this subsection (A).
| ||||||
24 | (2.1) "Person with a disability" means a person with a | ||||||
25 | severe physical or mental disability that:
| ||||||
26 | (a) results from:
|
| |||||||
| |||||||
1 | amputation,
| ||||||
2 | arthritis,
| ||||||
3 | autism,
| ||||||
4 | blindness,
| ||||||
5 | burn injury,
| ||||||
6 | cancer,
| ||||||
7 | cerebral palsy,
| ||||||
8 | Crohn's disease, | ||||||
9 | cystic fibrosis,
| ||||||
10 | deafness,
| ||||||
11 | head injury,
| ||||||
12 | heart disease,
| ||||||
13 | hemiplegia,
| ||||||
14 | hemophilia,
| ||||||
15 | respiratory or pulmonary dysfunction,
| ||||||
16 | an intellectual disability,
| ||||||
17 | mental illness,
| ||||||
18 | multiple sclerosis,
| ||||||
19 | muscular dystrophy,
| ||||||
20 | musculoskeletal disorders,
| ||||||
21 | neurological disorders, including stroke and | ||||||
22 | epilepsy,
| ||||||
23 | paraplegia,
| ||||||
24 | quadriplegia and other spinal cord conditions,
| ||||||
25 | sickle cell anemia,
| ||||||
26 | ulcerative colitis, |
| |||||||
| |||||||
1 | specific learning disabilities, or
| ||||||
2 | end stage renal failure disease; and
| ||||||
3 | (b) substantially limits one or more of the | ||||||
4 | person's major life activities.
| ||||||
5 | Another disability or combination of disabilities may | ||||||
6 | also be considered
as a severe disability for the purposes | ||||||
7 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
8 | by an evaluation of
rehabilitation potential to
cause a | ||||||
9 | comparable degree of substantial functional limitation | ||||||
10 | similar to
the specific list of disabilities listed in | ||||||
11 | item (a) of this
subdivision (2.1).
| ||||||
12 | (3) "Minority-owned business" means a business which | ||||||
13 | is at least
51% owned by one or more minority persons, or | ||||||
14 | in the case of a
corporation, at least 51% of the stock in | ||||||
15 | which is owned by one or
more minority persons; and the | ||||||
16 | management and daily business operations of
which are | ||||||
17 | controlled by one or more of the minority individuals who | ||||||
18 | own it.
| ||||||
19 | (4) "Women-owned business" means a business which is | ||||||
20 | at least
51% owned by one or more women, or, in the case of | ||||||
21 | a corporation, at
least 51% of the stock in which is owned | ||||||
22 | by one or more women; and the
management and daily | ||||||
23 | business operations of which are controlled by one or
more | ||||||
24 | of the women who own it.
| ||||||
25 | (4.1) "Business owned by a person with a disability" | ||||||
26 | means a business
that is at least 51% owned by one or more |
| |||||||
| |||||||
1 | persons with a disability
and the management and daily | ||||||
2 | business operations of which
are controlled by one or more | ||||||
3 | of the persons with disabilities who own it. A
| ||||||
4 | not-for-profit agency for persons with disabilities that | ||||||
5 | is exempt from
taxation under Section 501 of the Internal | ||||||
6 | Revenue Code of 1986 is also
considered a "business owned | ||||||
7 | by a person with a disability".
| ||||||
8 | (4.2) "Council" means the Business Enterprise Council | ||||||
9 | for Minorities, Women, and Persons with Disabilities | ||||||
10 | created under Section 5 of this Act.
| ||||||
11 | (4.3) "Commission" means, unless the context clearly | ||||||
12 | indicates otherwise, the Commission on Equity and | ||||||
13 | Inclusion created under the Commission on Equity and | ||||||
14 | Inclusion Act. | ||||||
15 | (5) "State contracts" means all contracts entered into | ||||||
16 | by the State, any agency or department thereof, or any | ||||||
17 | public institution of higher education, including | ||||||
18 | community college districts, regardless of the source of | ||||||
19 | the funds with which the contracts are paid, which are not | ||||||
20 | subject to federal reimbursement. "State contracts" does | ||||||
21 | not include contracts awarded by a retirement system, | ||||||
22 | pension fund, or investment board subject to Section | ||||||
23 | 1-109.1 of the Illinois Pension Code. This definition | ||||||
24 | shall control over any existing definition under this Act | ||||||
25 | or applicable administrative rule.
| ||||||
26 | "State construction contracts" means all State |
| |||||||
| |||||||
1 | contracts entered
into by a State agency or public | ||||||
2 | institution of higher education for the repair, | ||||||
3 | remodeling,
renovation or
construction of a building or | ||||||
4 | structure, or for the construction or
maintenance of a | ||||||
5 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
6 | (6) "State agencies" shall mean all departments, | ||||||
7 | officers, boards,
commissions, institutions and bodies | ||||||
8 | politic and corporate of the State,
but does not include | ||||||
9 | the Board of Trustees of the University of Illinois,
the | ||||||
10 | Board of Trustees of Southern Illinois University,
the | ||||||
11 | Board of Trustees
of Chicago State University, the Board | ||||||
12 | of Trustees of Eastern Illinois
University, the Board of | ||||||
13 | Trustees of Governors State University, the Board of
| ||||||
14 | Trustees of Illinois State University, the Board of | ||||||
15 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
16 | Trustees of Northern Illinois University, the Board of
| ||||||
17 | Trustees of Western Illinois University,
municipalities or | ||||||
18 | other local governmental units, or other State | ||||||
19 | constitutional
officers.
| ||||||
20 | (7) "Public institutions of higher education" means | ||||||
21 | the University of Illinois, Southern Illinois University, | ||||||
22 | Chicago State University, Eastern Illinois University, | ||||||
23 | Governors State University, Illinois State University, | ||||||
24 | Northeastern Illinois University, Northern Illinois | ||||||
25 | University, Western Illinois University, the public | ||||||
26 | community colleges of the State, and any other public |
| |||||||
| |||||||
1 | universities, colleges, and community colleges now or | ||||||
2 | hereafter established or authorized by the General | ||||||
3 | Assembly.
| ||||||
4 | (8) "Certification" means a determination made by the | ||||||
5 | Council
or by one delegated authority from the Council to | ||||||
6 | make certifications, or by
a State agency with statutory | ||||||
7 | authority to make such a certification, that a
business | ||||||
8 | entity is a business owned by a
minority, woman, or person | ||||||
9 | with a disability for whatever
purpose. A business owned | ||||||
10 | and controlled by women shall be certified as a | ||||||
11 | "woman-owned business". A business owned and controlled by | ||||||
12 | women who are also minorities shall be certified as both a | ||||||
13 | "women-owned business" and a "minority-owned business".
| ||||||
14 | (9) "Control" means the exclusive or ultimate and sole | ||||||
15 | control of the
business including, but not limited to, | ||||||
16 | capital investment and all other
financial matters, | ||||||
17 | property, acquisitions, contract negotiations, legal
| ||||||
18 | matters, officer-director-employee selection and | ||||||
19 | comprehensive hiring,
operating responsibilities, | ||||||
20 | cost-control matters, income and dividend
matters, | ||||||
21 | financial transactions and rights of other shareholders or | ||||||
22 | joint
partners. Control shall be real, substantial and | ||||||
23 | continuing, not pro forma.
Control shall include the power | ||||||
24 | to direct or cause the direction of the
management and | ||||||
25 | policies of the business and to make the day-to-day as | ||||||
26 | well
as major decisions in matters of policy, management |
| |||||||
| |||||||
1 | and operations.
Control shall be exemplified by possessing | ||||||
2 | the requisite knowledge and
expertise to run the | ||||||
3 | particular business and control shall not include
simple | ||||||
4 | majority or absentee ownership.
| ||||||
5 | (10) "Business" means a business that has annual gross | ||||||
6 | sales of less than $150,000,000 $75,000,000 as evidenced | ||||||
7 | by the federal income tax return of the business. A firm | ||||||
8 | with gross sales in excess of this cap may apply to the | ||||||
9 | Council for certification for a particular contract if the | ||||||
10 | firm can demonstrate that the contract would have | ||||||
11 | significant impact on businesses owned by minorities, | ||||||
12 | women, or persons with disabilities as suppliers or | ||||||
13 | subcontractors or in employment of minorities, women, or | ||||||
14 | persons with disabilities. Firms with gross sales in | ||||||
15 | excess of this cap
that are granted certification by the | ||||||
16 | Council shall be
granted certification for the life of the | ||||||
17 | contract,
including available renewals.
| ||||||
18 | (11) "Utilization plan" means a form and additional | ||||||
19 | documentations included in all bids or proposals that | ||||||
20 | demonstrates a vendor's proposed utilization of vendors | ||||||
21 | certified by the Business Enterprise Program to meet the | ||||||
22 | targeted goal. The utilization plan shall demonstrate that | ||||||
23 | the Vendor has either: (1) met the entire contract goal or | ||||||
24 | (2) requested a full or partial waiver and made good faith | ||||||
25 | efforts towards meeting the goal. | ||||||
26 | (12) "Business Enterprise Program" means the Business |
| |||||||
| |||||||
1 | Enterprise Program of the Commission on Equity and | ||||||
2 | Inclusion. | ||||||
3 | (B) When a business is owned at least 51% by any | ||||||
4 | combination of
minority persons, women, or persons with | ||||||
5 | disabilities,
even though none of the 3 classes alone holds at | ||||||
6 | least a 51% interest, the
ownership
requirement for purposes | ||||||
7 | of this Act is considered to be met. The
certification | ||||||
8 | category for the business is that of the class holding the
| ||||||
9 | largest ownership
interest in the business. If 2 or more | ||||||
10 | classes have equal ownership interests,
the certification | ||||||
11 | category shall be determined by
the business.
| ||||||
12 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
13 | 102-29, eff. 6-25-21 .)
| ||||||
14 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||||||
15 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
16 | Sec. 4. Award of State contracts.
| ||||||
17 | (a) Except as provided in subsection (b), not less than | ||||||
18 | 30% of
the total dollar amount of State contracts, as defined | ||||||
19 | by the Secretary of
the Council and approved by the Council, | ||||||
20 | shall be established as an aspirational goal to
be awarded to | ||||||
21 | businesses owned by minorities,
women, and persons with | ||||||
22 | disabilities; provided, however, that
of the total amount of | ||||||
23 | all
State contracts awarded to businesses owned by
minorities, | ||||||
24 | women, and persons with disabilities pursuant to
this Section, | ||||||
25 | contracts representing at least 16% shall be awarded to |
| |||||||
| |||||||
1 | businesses owned by minorities, contracts representing at | ||||||
2 | least 10% shall be awarded to women-owned businesses, and | ||||||
3 | contracts representing at least 4% shall be awarded to | ||||||
4 | businesses owned by persons with disabilities.
| ||||||
5 | (a-5) In addition to the aspirational goals in awarding | ||||||
6 | State contracts set under subsection (a), the Commission shall | ||||||
7 | by rule further establish targeted efforts to encourage the | ||||||
8 | participation of businesses owned by minorities, women, and | ||||||
9 | persons with disabilities on State contracts. Such efforts | ||||||
10 | shall include, but not be limited to, further concerted | ||||||
11 | outreach efforts to businesses owned by minorities, women, and | ||||||
12 | persons with disabilities. | ||||||
13 | The above percentage relates to the total dollar amount of | ||||||
14 | State
contracts during each State fiscal year, calculated by | ||||||
15 | examining
independently each type of contract for each agency | ||||||
16 | or public institutions of higher education which
lets such | ||||||
17 | contracts. Only that percentage of arrangements which | ||||||
18 | represents the participation of businesses owned by
| ||||||
19 | minorities, women, and persons with disabilities on such | ||||||
20 | contracts shall
be included. State contracts subject to the | ||||||
21 | requirements of this Act shall include the requirement that | ||||||
22 | only expenditures to businesses owned by minorities, women, | ||||||
23 | and persons with disabilities that perform a commercially | ||||||
24 | useful function may be counted toward the goals set forth by | ||||||
25 | this Act. Contracts shall include a definition of | ||||||
26 | "commercially useful function" that is consistent with 49 CFR |
| |||||||
| |||||||
1 | 26.55(c).
| ||||||
2 | (b) Not less
than 20% of the total dollar amount of State | ||||||
3 | construction contracts is
established as an aspirational goal | ||||||
4 | to be awarded to businesses owned by minorities, women, and | ||||||
5 | persons with disabilities; provided that, contracts | ||||||
6 | representing at least 11% of the total dollar amount of State | ||||||
7 | construction contracts shall be awarded to businesses owned by | ||||||
8 | minorities; contracts representing at least 7% of the total | ||||||
9 | dollar amount of State construction contracts shall be awarded | ||||||
10 | to women-owned businesses; and contracts representing at least | ||||||
11 | 2% of the total dollar amount of State construction contracts | ||||||
12 | shall be awarded to businesses owned by persons with | ||||||
13 | disabilities.
| ||||||
14 | (c) (Blank). | ||||||
15 | (c-5) All goals established under this Section shall be | ||||||
16 | contingent upon the results of the most recent disparity study | ||||||
17 | conducted by the State. | ||||||
18 | (d) Within one year after April 28, 2009 (the effective | ||||||
19 | date of Public Act 96-8), the Department of Central Management | ||||||
20 | Services shall conduct a social scientific study that measures | ||||||
21 | the impact of discrimination on minority and women business | ||||||
22 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
23 | (the effective date of Public Act 96-8), the Department shall | ||||||
24 | issue a report of its findings and any recommendations on | ||||||
25 | whether to adjust the goals for minority and women | ||||||
26 | participation established in this Act. Copies of this report |
| |||||||
| |||||||
1 | and the social scientific study shall be filed with the | ||||||
2 | Governor and the General Assembly. | ||||||
3 | By December 1, 2020, the Department of Central Management | ||||||
4 | Services shall conduct a new social scientific study that | ||||||
5 | measures the impact of discrimination on minority and women | ||||||
6 | business development in Illinois. By June 1, 2022, the | ||||||
7 | Department shall issue a report of its findings and any | ||||||
8 | recommendations on whether to adjust the goals for minority | ||||||
9 | and women participation established in this Act. Copies of | ||||||
10 | this report and the social scientific study shall be filed | ||||||
11 | with the Governor and the General Assembly. By December 1, | ||||||
12 | 2022, the Commission on Equity and Inclusion Business | ||||||
13 | Enterprise Program shall develop a model for social scientific | ||||||
14 | disparity study sourcing for local governmental units to adapt | ||||||
15 | and implement to address regional disparities in public | ||||||
16 | procurement. | ||||||
17 | (e) All State contract solicitations that include Business | ||||||
18 | Enterprise Program participation goals shall require bidders | ||||||
19 | or offerors to include utilization plans. Utilization plans | ||||||
20 | are due at the time of bid or offer submission. Failure to | ||||||
21 | complete and include a utilization plan, including | ||||||
22 | documentation demonstrating good faith efforts when requesting | ||||||
23 | a waiver, shall render the bid or offer non-responsive. | ||||||
24 | Except as permitted under this Act or as otherwise
| ||||||
25 | mandated by federal regulation, a bidder or offeror whose bid | ||||||
26 | or offer is accepted and who included in that bid a completed |
| |||||||
| |||||||
1 | utilization plan but who fails to meet the goals set forth in | ||||||
2 | the
plan shall be notified of the deficiency by the
| ||||||
3 | contracting agency or public institution of higher education
| ||||||
4 | and shall be given a period of 10 calendar days to cure the | ||||||
5 | deficiency by contracting with additional
subcontractors who | ||||||
6 | are certified by the Business Enterprise
Program or by | ||||||
7 | increasing the work to be performed by
previously identified | ||||||
8 | vendors certified by the Business
Enterprise Program. | ||||||
9 | Deficiencies that may be cured include: (i) scrivener's | ||||||
10 | errors, such as transposed numbers; (ii) information
submitted | ||||||
11 | in an incorrect form or format; (iii) mistakes resulting from | ||||||
12 | failure to follow instructions or to identify and
adequately | ||||||
13 | document good faith efforts taken to comply with the | ||||||
14 | utilization plan; or (iv) a proposal to use a
firm whose | ||||||
15 | Business Enterprise Program certification has lapsed or is
not | ||||||
16 | yet recognized. Cure is
not authorized if the bidder or | ||||||
17 | offeror submits a blank
utilization plan, a utilization plan | ||||||
18 | that shows lack of
reasonable effort to complete the form on | ||||||
19 | time, or a
utilization plan that states the contract will be
| ||||||
20 | self-performed, by a non-certified vendor, without showing
| ||||||
21 | good faith efforts or a request for a waiver. All cure activity
| ||||||
22 | shall address the deficiencies identified by the purchasing
| ||||||
23 | agency and shall require clear documentation, including that
| ||||||
24 | of good faith efforts, to address those deficiencies. Any
| ||||||
25 | increase in cost to a contract for the addition of a
| ||||||
26 | subcontractor to cure a bid's deficiency shall not affect the
|
| |||||||
| |||||||
1 | bid price and shall not be used in the request for an exemption
| ||||||
2 | under this Act, and, in no case, shall an identified
| ||||||
3 | subcontractor with a Business Enterprise Program certification
| ||||||
4 | made under this Act be terminated from a contract without
the | ||||||
5 | written consent of the State agency or public institution
of | ||||||
6 | higher education entering into the contract. The purchasing
| ||||||
7 | agency or public institution of higher education shall make
| ||||||
8 | the determination whether the cure is adequate. | ||||||
9 | Vendors certified with the Business Enterprise
Program at | ||||||
10 | the time and date submittals are due and who do not submit
a | ||||||
11 | utilization plan or have utilization plan deficiencies shall | ||||||
12 | have 10 business days
to submit a utilization plan or to | ||||||
13 | correct the utilization plan deficiencies. Except as permitted | ||||||
14 | under this Act or as otherwise mandated by federal law or | ||||||
15 | regulation, in response those who submit bids or proposals for | ||||||
16 | State contracts subject to the provisions of this Act, whose | ||||||
17 | bids or proposals are successful but include a utilization | ||||||
18 | plan that fails to demonstrate good faith efforts to meet the | ||||||
19 | goals set forth in the solicitation of that deficiency and may | ||||||
20 | allow the bidder or offeror a period not to exceed 10 calendar | ||||||
21 | days from the date of notification to cure that deficiency in | ||||||
22 | the bid or proposal. The deficiency in the bid or proposal may | ||||||
23 | only be cured by contracting with additional subcontractors | ||||||
24 | who are certified by the Business Enterprise Program at the | ||||||
25 | time of bid submission. Any increase in cost to
a contract for | ||||||
26 | the addition of a subcontractor to cure a bid's deficiency or |
| |||||||
| |||||||
1 | to ensure diversity participation on the contract shall not | ||||||
2 | affect the bid price,
shall not be used in the request for an | ||||||
3 | exemption in this Act, and in no case shall an identified | ||||||
4 | subcontractor with a certification made pursuant to this Act | ||||||
5 | be terminated from the contract without the written consent of | ||||||
6 | the State agency or public institution of higher education | ||||||
7 | entering into the contract. Submission of a blank utilization | ||||||
8 | plan renders a bid or offer non-responsive and is not curable. | ||||||
9 | The Commission on Equity and Inclusion shall be notified of | ||||||
10 | all bids or offers that fail to include a utilization plan or | ||||||
11 | that include a utilization plan with deficiencies. | ||||||
12 | (f) (Blank). | ||||||
13 | (g) (Blank). | ||||||
14 | (h) State agencies and public institutions of higher | ||||||
15 | education shall notify the Commission on Equity and Inclusion | ||||||
16 | of all non-responsive bids or proposals for State contracts. | ||||||
17 | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; | ||||||
18 | 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article | ||||||
19 | 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; | ||||||
20 | 102-558, eff. 8-20-21 .)
| ||||||
21 | Section 30. The Local Food, Farms, and Jobs Act is amended | ||||||
22 | by changing Sections 10 and 30 as follows: | ||||||
23 | (30 ILCS 595/10)
| ||||||
24 | Sec. 10. Procurement goals for local farm or food |
| |||||||
| |||||||
1 | products. | ||||||
2 | (a) In order to create, strengthen, and expand local farm | ||||||
3 | and food economies throughout Illinois, it shall be the goal | ||||||
4 | of this State that 20% of all food and food products purchased | ||||||
5 | by State agencies and State-owned facilities, including, | ||||||
6 | without limitation, facilities for persons with mental health | ||||||
7 | and developmental disabilities, correctional facilities, and | ||||||
8 | public universities, shall, by 2020, be local farm or food | ||||||
9 | products.
| ||||||
10 | (b) The State Local Food, Farms, and Jobs Council | ||||||
11 | established under this Act shall support and encourage that | ||||||
12 | 10% of food and food products purchased by entities funded in | ||||||
13 | part or in whole by State dollars, which spend more than | ||||||
14 | $25,000 per year on food or food products for its students, | ||||||
15 | residents, or clients, including, without limitation, public | ||||||
16 | schools, child care facilities, after-school programs, and | ||||||
17 | hospitals, shall, by 2020, be local farm or food products.
| ||||||
18 | (c) To meet the goals set forth in this Section, when a | ||||||
19 | State contract for purchase of food or food products is to be | ||||||
20 | awarded to the lowest responsible bidder, an otherwise | ||||||
21 | qualified bidder who will fulfill the contract through the use | ||||||
22 | of local farm or food products may be given preference over | ||||||
23 | other bidders, provided that the cost included in the bid of | ||||||
24 | local farm or food products is not more than 10% greater than | ||||||
25 | the cost included in a bid that is not for local farm or food | ||||||
26 | products.
|
| |||||||
| |||||||
1 | (d) All State agencies and State-owned facilities that | ||||||
2 | purchase food and food products shall , with the assistance of | ||||||
3 | the Local Food, Farms, and Jobs Council, develop a system for | ||||||
4 | (i) identifying the percentage of local farm or food products | ||||||
5 | purchased for fiscal year 2021 2011 as the baseline; and (ii) | ||||||
6 | tracking and reporting local farm or food products purchases | ||||||
7 | on an annual basis.
| ||||||
8 | (e) On January 1, 2024 and each January 1 thereafter, | ||||||
9 | those State agencies and State-owned facilities that
purchase | ||||||
10 | food or food products shall publish in their respective | ||||||
11 | procurement bulletins, in the form and format prescribed by | ||||||
12 | the chief procurement officer, notice of their purchases of | ||||||
13 | local farm or food products
in the immediately preceding | ||||||
14 | fiscal year. | ||||||
15 | (Source: P.A. 96-579, eff. 8-18-09.) | ||||||
16 | (30 ILCS 595/30) | ||||||
17 | Sec. 30. Farm-school database. The Department of | ||||||
18 | Agriculture shall establish, and make available on its | ||||||
19 | website, a geo-coded electronic database to facilitate the | ||||||
20 | purchase of fresh produce and food products by schools. The | ||||||
21 | database shall be developed jointly with the Local Food, | ||||||
22 | Farms, and Jobs Council and , at a minimum, contain the | ||||||
23 | information necessary for (i) schools to identify and contact | ||||||
24 | agricultural producers that are interested in supplying | ||||||
25 | schools in the State with fresh produce and food products and |
| |||||||
| |||||||
1 | (ii) agricultural producers of fresh produce and food products | ||||||
2 | to identify schools in the State that are interested in | ||||||
3 | purchasing those products. The Department of Agriculture shall | ||||||
4 | adopt rules necessary to implement this Section. The | ||||||
5 | Department of Agriculture shall also solicit federal and State | ||||||
6 | funding for the purpose of implementing this program. The | ||||||
7 | requirement of the Department to establish, and make available | ||||||
8 | on its website, this database shall become effective once the | ||||||
9 | Department has secured all of the additional federal or State | ||||||
10 | funding necessary to implement this program.
| ||||||
11 | (Source: P.A. 96-1095, eff. 1-1-11.) | ||||||
12 | (30 ILCS 595/15 rep.) | ||||||
13 | (30 ILCS 595/20 rep.) | ||||||
14 | (30 ILCS 595/25 rep.) | ||||||
15 | Section 35. The Local Food, Farms, and Jobs Act is amended | ||||||
16 | by repealing Sections 15, 20, and 25. | ||||||
17 | Section 40. The State Property Control Act is amended by | ||||||
18 | changing Section 6.02 as follows:
| ||||||
19 | (30 ILCS 605/6.02) (from Ch. 127, par. 133b9.2)
| ||||||
20 | Sec. 6.02.
Each responsible officer shall maintain a | ||||||
21 | permanent record of
all items of property under his | ||||||
22 | jurisdiction and control, provided the
administrator may | ||||||
23 | exempt tangible personal property of nominal value or in
the |
| |||||||
| |||||||
1 | nature of consumable supplies, or both; and provided further | ||||||
2 | that
"textbooks" as defined in Section 18-17 of The School | ||||||
3 | Code shall be
exempted by the administrator after those | ||||||
4 | textbooks have been on loan
pursuant to that Section for a | ||||||
5 | period of 5 years or more. The listing shall
include all | ||||||
6 | property being acquired under agreements which are required by
| ||||||
7 | the State Comptroller to be capitalized for inclusion in the | ||||||
8 | statewide
financial statements. Each responsible officer shall | ||||||
9 | submit a listing of the
permanent record at least annually to | ||||||
10 | the administrator in such format as
the administrator shall | ||||||
11 | require. The record may be submitted in either hard
copy or | ||||||
12 | computer readable form. The administrator may require more | ||||||
13 | frequent
submissions when in the opinion of the administrator | ||||||
14 | the agency records are
not sufficiently reliable to justify | ||||||
15 | annual submissions.
| ||||||
16 | As used in this Section, "nominal value" means the value | ||||||
17 | of an item is $2,500 $1,000 or less. For the purposes of this | ||||||
18 | definition, the value of the item shall reflect its | ||||||
19 | depreciated value, as determined by the administrator. The | ||||||
20 | administrator may by rule set the threshold for "nominal | ||||||
21 | value" at a higher amount. Nothing in this definition shall be | ||||||
22 | construed as relieving responsible officers of the duty to | ||||||
23 | reasonably ensure that State property is not subject to theft. | ||||||
24 | (Source: P.A. 100-193, eff. 1-1-18 .)
| ||||||
25 | Section 45. The Criminal Code of 2012 is amended by |
| |||||||
| |||||||
1 | changing Section 33E-9 as follows:
| ||||||
2 | (720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
| ||||||
3 | Sec. 33E-9. Change orders. Any change order authorized | ||||||
4 | under this
Section shall be made in writing. Any person | ||||||
5 | employed by and authorized
by any unit of State or local | ||||||
6 | government to approve a change order to any
public contract | ||||||
7 | who knowingly grants that approval without first obtaining
| ||||||
8 | from the unit of State or local government on whose behalf the | ||||||
9 | contract was
signed, or from a designee authorized by that | ||||||
10 | unit of State or local
government, a determination in writing | ||||||
11 | that (1) the circumstances said to
necessitate the change in | ||||||
12 | performance were not reasonably foreseeable at
the time the | ||||||
13 | contract was signed, or (2) the change is germane to the
| ||||||
14 | original contract as signed, or (3) the change order is in the | ||||||
15 | best
interest of the unit of State or local government and | ||||||
16 | authorized by law,
commits a Class 4 felony. The written | ||||||
17 | determination and the written change
order resulting from that | ||||||
18 | determination shall be preserved in the
contract's file which | ||||||
19 | shall be open to the public for inspection. This
Section shall | ||||||
20 | only apply to a change order or series of change orders
which | ||||||
21 | authorize or necessitate an increase or decrease in either the | ||||||
22 | cost
of a public contract by a total of $25,000 $10,000 or more | ||||||
23 | or the time of
completion by a total of 180 30 days or more.
| ||||||
24 | (Source: P.A. 86-150; 87-618.)
|
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act. | ||||||
8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2023. |