|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | ARTICLE 1 | ||||||
5 | Section 1-1. Short title. This Article may be cited as the | ||||||
6 | Local Government Electronic Reverse Auction Act. | ||||||
7 | Section 1-5. Unit of local government defined. As used in | ||||||
8 | this Article, "unit" and "unit of local government" mean a unit | ||||||
9 | of local government as defined in Section 1 of Article VII of | ||||||
10 | the Illinois Constitution. | ||||||
11 | Section 1-10. Reverse auction. Notwithstanding any other | ||||||
12 | provision
of law and in accordance with rules adopted by the
| ||||||
13 | unit, a unit of local government, whether or not it is a home | ||||||
14 | rule unit as defined in Section 6 of Article VII of the | ||||||
15 | Illinois Constitution, may procure supplies or
services | ||||||
16 | through a competitive electronic auction bidding
process after | ||||||
17 | the unit's purchasing officer explains in writing to the unit's | ||||||
18 | governing body his or her determination that the use
of such a | ||||||
19 | process will be in the best interest of the unit. | ||||||
20 | The purchasing officer shall publish that determination
in | ||||||
21 | the same manner required by law for the unit's invitations for |
| |||||||
| |||||||
1 | bids. | ||||||
2 | An invitation for bids shall be issued and shall include
| ||||||
3 | (i) a procurement description, (ii) all contractual terms,
| ||||||
4 | whenever practical, and (iii) conditions applicable to the
| ||||||
5 | procurement, including a notice that bids will be received in
| ||||||
6 | an electronic auction manner. | ||||||
7 | Public notice of the invitation for bids shall be given in
| ||||||
8 | the same manner as required by law for the unit's other | ||||||
9 | invitations for bids. | ||||||
10 | Bids shall be accepted electronically at the time and in
| ||||||
11 | the manner designated in the invitation for bids. During the
| ||||||
12 | auction, a bidder's price shall be disclosed to other bidders.
| ||||||
13 | Bidders shall have the opportunity to reduce their bid prices
| ||||||
14 | during the auction. At the conclusion of the auction, the
| ||||||
15 | record of the bid prices received and the name of each bidder
| ||||||
16 | shall be open to public inspection. | ||||||
17 | After the auction period has terminated, withdrawal of bids
| ||||||
18 | shall be permitted as otherwise provided by law. | ||||||
19 | The contract shall be awarded within 60 days after the
| ||||||
20 | auction by written notice to the lowest responsible bidder, or
| ||||||
21 | all bids shall be rejected except as otherwise provided by law. | ||||||
22 | Extensions of the date for the award may be made by
mutual | ||||||
23 | written consent of the purchasing officer and the
lowest | ||||||
24 | responsible bidder. | ||||||
25 | Section 1-15. Application. This Act does not apply to (i) |
| |||||||
| |||||||
1 | procurements of
professional and artistic services, (ii) | ||||||
2 | telecommunications services, communication services, and | ||||||
3 | information services,
and (iii) contracts for construction | ||||||
4 | projects. | ||||||
5 | ARTICLE 95
| ||||||
6 | Section 95-10. The Deposit of State Moneys Act is amended | ||||||
7 | by changing Section 22.5 as follows:
| ||||||
8 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
| ||||||
9 | (For force and effect of certain provisions, see Section 90 | ||||||
10 | of P.A. 94-79) | ||||||
11 | Sec. 22.5. Permitted investments. The State Treasurer may, | ||||||
12 | with the
approval of the Governor, invest and reinvest any | ||||||
13 | State money in the treasury
which is not needed for current | ||||||
14 | expenditures due or about to become due, in
obligations of the | ||||||
15 | United States government or its agencies or of National
| ||||||
16 | Mortgage Associations established by or under the National | ||||||
17 | Housing Act, 1201
U.S.C. 1701 et seq., or
in mortgage | ||||||
18 | participation certificates representing undivided interests in
| ||||||
19 | specified, first-lien conventional residential Illinois | ||||||
20 | mortgages that are
underwritten, insured, guaranteed, or | ||||||
21 | purchased by the Federal Home Loan
Mortgage Corporation or in | ||||||
22 | Affordable Housing Program Trust Fund Bonds or
Notes as defined | ||||||
23 | in and issued pursuant to the Illinois Housing Development
Act. |
| |||||||
| |||||||
1 | All such obligations shall be considered as cash and may
be | ||||||
2 | delivered over as cash by a State Treasurer to his successor.
| ||||||
3 | The State Treasurer may, with the approval of the Governor, | ||||||
4 | purchase
any state bonds with any money in the State Treasury | ||||||
5 | that has been set
aside and held for the payment of the | ||||||
6 | principal of and interest on the
bonds. The bonds shall be | ||||||
7 | considered as cash and may be delivered over
as cash by the | ||||||
8 | State Treasurer to his successor.
| ||||||
9 | The State Treasurer may, with the approval of the Governor, | ||||||
10 | invest or
reinvest any State money in the treasury that is not | ||||||
11 | needed for
current expenditure due or about to become due, or | ||||||
12 | any money in the
State Treasury that has been set aside and | ||||||
13 | held for the payment of the
principal of and the interest on | ||||||
14 | any State bonds, in shares,
withdrawable accounts, and | ||||||
15 | investment certificates of savings and
building and loan | ||||||
16 | associations, incorporated under the laws of this
State or any | ||||||
17 | other state or under the laws of the United States;
provided, | ||||||
18 | however, that investments may be made only in those savings
and | ||||||
19 | loan or building and loan associations the shares and | ||||||
20 | withdrawable
accounts or other forms of investment securities | ||||||
21 | of which are insured
by the Federal Deposit Insurance | ||||||
22 | Corporation.
| ||||||
23 | The State Treasurer may not invest State money in any | ||||||
24 | savings and
loan or building and loan association unless a | ||||||
25 | commitment by the savings
and loan (or building and loan) | ||||||
26 | association, executed by the president
or chief executive |
| |||||||
| |||||||
1 | officer of that association, is submitted in the
following | ||||||
2 | form:
| ||||||
3 | The .................. Savings and Loan (or Building | ||||||
4 | and Loan)
Association pledges not to reject arbitrarily | ||||||
5 | mortgage loans for
residential properties within any | ||||||
6 | specific part of the community served
by the savings and | ||||||
7 | loan (or building and loan) association because of
the | ||||||
8 | location of the property. The savings and loan (or building | ||||||
9 | and
loan) association also pledges to make loans available | ||||||
10 | on low and
moderate income residential property throughout | ||||||
11 | the community within
the limits of its legal restrictions | ||||||
12 | and prudent financial practices.
| ||||||
13 | The State Treasurer may, with the approval of the Governor, | ||||||
14 | invest or
reinvest, at a price not to exceed par, any State | ||||||
15 | money in the treasury
that is not needed for current | ||||||
16 | expenditures due or about to become
due, or any money in the | ||||||
17 | State Treasury that has been set aside and
held for the payment | ||||||
18 | of the principal of and interest on any State
bonds, in bonds | ||||||
19 | issued by counties or municipal corporations of the
State of | ||||||
20 | Illinois.
| ||||||
21 | The State Treasurer may, with the approval of the Governor, | ||||||
22 | invest or
reinvest any State money in the Treasury which is not | ||||||
23 | needed for current
expenditure, due or about to become due, or | ||||||
24 | any money in the State Treasury
which has been set aside and | ||||||
25 | held for the payment of the principal of and
the interest on | ||||||
26 | any State bonds, in participations in loans, the principal
of |
| |||||||
| |||||||
1 | which participation is fully guaranteed by an agency or | ||||||
2 | instrumentality
of the United States government; provided, | ||||||
3 | however, that such loan
participations are represented by | ||||||
4 | certificates issued only by banks which
are incorporated under | ||||||
5 | the laws of this State or any other state
or under the laws of | ||||||
6 | the United States, and such banks, but not
the loan | ||||||
7 | participation certificates, are insured by the Federal Deposit
| ||||||
8 | Insurance Corporation.
| ||||||
9 | The State Treasurer may, with the approval of the Governor, | ||||||
10 | invest or
reinvest any State money in the Treasury that is not | ||||||
11 | needed for current
expenditure, due or about to become due, or | ||||||
12 | any money in the State Treasury
that has been set aside and | ||||||
13 | held for the payment of the principal of and
the interest on | ||||||
14 | any State bonds, in any of the following:
| ||||||
15 | (1) Bonds, notes, certificates of indebtedness, | ||||||
16 | Treasury bills, or other
securities now or hereafter issued | ||||||
17 | that are guaranteed by the full faith
and credit of the | ||||||
18 | United States of America as to principal and interest.
| ||||||
19 | (2) Bonds, notes, debentures, or other similar | ||||||
20 | obligations of the United
States of America, its agencies, | ||||||
21 | and instrumentalities.
| ||||||
22 | (2.5) Bonds, notes, debentures, or other similar | ||||||
23 | obligations of a
foreign government, other than the | ||||||
24 | Republic of the Sudan, that are guaranteed by the full | ||||||
25 | faith and credit of that
government as to principal and | ||||||
26 | interest, but only if the foreign government
has not |
| |||||||
| |||||||
1 | defaulted and has met its payment obligations in a timely | ||||||
2 | manner on
all similar obligations for a period of at least | ||||||
3 | 25 years immediately before
the time of acquiring those | ||||||
4 | obligations.
| ||||||
5 | (3) Interest-bearing savings accounts, | ||||||
6 | interest-bearing certificates of
deposit, interest-bearing | ||||||
7 | time deposits, or any other investments
constituting | ||||||
8 | direct obligations of any bank as defined by the Illinois
| ||||||
9 | Banking Act.
| ||||||
10 | (4) Interest-bearing accounts, certificates of | ||||||
11 | deposit, or any other
investments constituting direct | ||||||
12 | obligations of any savings and loan
associations | ||||||
13 | incorporated under the laws of this State or any other | ||||||
14 | state or
under the laws of the United States.
| ||||||
15 | (5) Dividend-bearing share accounts, share certificate | ||||||
16 | accounts, or
class of share accounts of a credit union | ||||||
17 | chartered under the laws of this
State or the laws of the | ||||||
18 | United States; provided, however, the principal
office of | ||||||
19 | the credit union must be located within the State of | ||||||
20 | Illinois.
| ||||||
21 | (6) Bankers' acceptances of banks whose senior | ||||||
22 | obligations are rated in
the top 2 rating categories by 2 | ||||||
23 | national rating agencies and maintain that
rating during | ||||||
24 | the term of the investment.
| ||||||
25 | (7) Short-term obligations of corporations organized | ||||||
26 | in the United
States with assets exceeding $500,000,000 if |
| |||||||
| |||||||
1 | (i) the obligations are rated
at the time of purchase at | ||||||
2 | one of the 3 highest classifications established
by at | ||||||
3 | least 2 standard rating services and mature not later than
| ||||||
4 | 180 days from the date of purchase, (ii) the purchases do | ||||||
5 | not exceed 10% of
the corporation's outstanding | ||||||
6 | obligations, (iii) no more than one-third of
the public | ||||||
7 | agency's funds are invested in short-term obligations of
| ||||||
8 | corporations, and (iv) the corporation has not been | ||||||
9 | identified as a forbidden entity, as that term is defined | ||||||
10 | in Section 1-110.6 of the Illinois Pension Code, by an | ||||||
11 | independent researching firm that specializes in global | ||||||
12 | security risk that has been engaged by the State Treasurer.
| ||||||
13 | (8) Money market mutual funds registered under the | ||||||
14 | Investment Company
Act of 1940, provided that the portfolio | ||||||
15 | of the money market mutual fund is
limited to obligations | ||||||
16 | described in this Section and to agreements to
repurchase | ||||||
17 | such obligations.
| ||||||
18 | (9) The Public Treasurers' Investment Pool created | ||||||
19 | under Section 17 of
the State Treasurer Act or in a fund | ||||||
20 | managed, operated, and administered by
a bank.
| ||||||
21 | (10) Repurchase agreements of government securities | ||||||
22 | having the meaning
set out in the Government Securities Act | ||||||
23 | of 1986 , as now or hereafter amended or succeeded, subject | ||||||
24 | to the provisions
of that Act and the regulations issued | ||||||
25 | thereunder.
| ||||||
26 | (11) Investments made in accordance with the |
| |||||||
| |||||||
1 | Technology Development
Act.
| ||||||
2 | For purposes of this Section, "agencies" of the United | ||||||
3 | States
Government includes:
| ||||||
4 | (i) the federal land banks, federal intermediate | ||||||
5 | credit banks, banks for
cooperatives, federal farm credit | ||||||
6 | banks, or any other entity authorized
to issue debt | ||||||
7 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
8 | 2001
et seq.) and Acts amendatory thereto;
| ||||||
9 | (ii) the federal home loan banks and the federal home | ||||||
10 | loan
mortgage corporation;
| ||||||
11 | (iii) the Commodity Credit Corporation; and
| ||||||
12 | (iv) any other agency created by Act of Congress.
| ||||||
13 | The Treasurer may, with the approval of the Governor, lend | ||||||
14 | any securities
acquired under this Act. However, securities may | ||||||
15 | be lent under this Section
only in accordance with Federal | ||||||
16 | Financial Institution Examination Council
guidelines and only | ||||||
17 | if the securities are collateralized at a level sufficient
to | ||||||
18 | assure the safety of the securities, taking into account market | ||||||
19 | value
fluctuation. The securities may be collateralized by cash | ||||||
20 | or collateral
acceptable under Sections 11 and 11.1.
| ||||||
21 | (Source: P.A. 94-79, eff. 1-27-06; for force and effect of | ||||||
22 | certain provisions, see Section 90 of P.A. 94-79; 95-521, eff. | ||||||
23 | 8-28-07.)
| ||||||
24 | Section 95-15. The Department of Transportation Law of the
| ||||||
25 | Civil Administrative Code of Illinois is amended by adding |
| |||||||
| |||||||
1 | Sections 2705-590, 2705-595, and 2705-600 as follows: | ||||||
2 | (20 ILCS 2705/2705-590 new)
| ||||||
3 | Sec. 2705-590. Office of Business and Workforce Diversity. | ||||||
4 | (a) The Office of Business and Workforce Diversity is | ||||||
5 | established within the Department. | ||||||
6 | (b) The Office shall administer and be responsible for the | ||||||
7 | Department's efforts to achieve greater diversity in its | ||||||
8 | construction projects and in promoting equal opportunities | ||||||
9 | within the Department. The responsibilities of the Office shall | ||||||
10 | be administered between 2 distinct bureaus, designed to | ||||||
11 | establish policy, procedures, and monitoring efforts pursuant | ||||||
12 | to the governing regulations supporting minorities and those | ||||||
13 | supporting women in contracting and workforce activities. | ||||||
14 | (c) Applicant firms must be found eligible to be certified | ||||||
15 | as a Disadvantaged Business Enterprise (DBE) program under the | ||||||
16 | federal regulations contained in 49 CFR part 26 and part 23. | ||||||
17 | Only those businesses that are involved in highway | ||||||
18 | construction-related services (non-vertical), consultant, and | ||||||
19 | supplier/equipment rental/trucking services may be considered | ||||||
20 | for participation in the Department's DBE program. Once | ||||||
21 | certified, the firm's name shall be listed in the Illinois | ||||||
22 | Unified Certification Program's (IL UCP) DBE Directory | ||||||
23 | (Directory). The IL UCP's 5 participating agencies shall | ||||||
24 | maintain the Directory to provide a reference source to assist | ||||||
25 | bidders and proposers in meeting DBE contract goals. The |
| |||||||
| |||||||
1 | Directory shall list the firms in alphabetical order and | ||||||
2 | provides the industry categories/list and the districts in | ||||||
3 | which the firms have indicated they are available. | ||||||
4 | (20 ILCS 2705/2705-595 new)
| ||||||
5 | Sec. 2705-595. Prequalification of minority-owned and | ||||||
6 | women-owned contractors. The Department shall, within 30 days | ||||||
7 | after the effective date of this amendatory Act of the 96th | ||||||
8 | General Assembly, establish a committee to review the rules for | ||||||
9 | prequalification of contractors adopted by the Department at 44 | ||||||
10 | Illinois Administrative Code 650. The purpose of the review is | ||||||
11 | to determine whether the rules for prequalification operate as | ||||||
12 | a barrier to minority-owned and women-owned contractors | ||||||
13 | becoming prequalified to bid on or make proposals for | ||||||
14 | Department contracts. The committee shall, in addition to | ||||||
15 | Department staff, be constituted with membership representing | ||||||
16 | the construction industry and minority-owned and women-owned | ||||||
17 | contractors. The committee shall complete its work and make | ||||||
18 | recommendations for any changes to the rules for | ||||||
19 | prequalification to the Secretary of Transportation within 180 | ||||||
20 | days after the effective date of this amendatory Act of the | ||||||
21 | 96th General Assembly. | ||||||
22 | (20 ILCS 2705/2705-600 new)
| ||||||
23 | Sec. 2705-600. Target market program. In order to achieve | ||||||
24 | all diversity goals, the Department's chief procurement |
| |||||||
| |||||||
1 | officer shall develop and coordinate a target market program | ||||||
2 | including the following elements: | ||||||
3 | (1) In January of each year, the chief procurement | ||||||
4 | officer shall estimate the dollar value of all contracts to | ||||||
5 | be awarded by the Department during that year and shall | ||||||
6 | multiply that total by the minority-owned business target | ||||||
7 | market percentage and the women-owned business target | ||||||
8 | market percentage for that year. Contracts with an | ||||||
9 | estimated dollar value equal to those products shall be set | ||||||
10 | aside (prior to advertisement in the case of contracts to | ||||||
11 | be awarded by bid) to be let only to qualified | ||||||
12 | minority-owned businesses and qualified women-owned | ||||||
13 | businesses, respectively. | ||||||
14 | (2) The chief procurement officer shall work with the | ||||||
15 | officers and divisions of the Department to determine the | ||||||
16 | appropriate designation of contracts as target market | ||||||
17 | contracts. To the extent practical, the chief procurement | ||||||
18 | officer shall divide the procurements so designated into | ||||||
19 | contract award units of economically feasible production | ||||||
20 | runs in order to facilitate offers or bids from | ||||||
21 | minority-owned businesses and women-owned businesses. In | ||||||
22 | making the annual designation of target market contracts, | ||||||
23 | the chief procurement officer shall attempt to vary the | ||||||
24 | included procurements so that a variety of goods and | ||||||
25 | services produced by different minority-owned businesses | ||||||
26 | and women-owned businesses shall be set aside each year. |
| |||||||
| |||||||
1 | Minority-owned businesses and women-owned businesses shall | ||||||
2 | remain eligible to seek the procurement award of contracts | ||||||
3 | that have not been designated as target market contracts. | ||||||
4 | (3) The Department shall develop a list of | ||||||
5 | minority-owned businesses and women-owned businesses that | ||||||
6 | are interested in participating in the target market | ||||||
7 | program, including the type of contract in which each | ||||||
8 | minority-owned businesses and women-owned businesses is | ||||||
9 | interested in participating. The Department may make | ||||||
10 | participation in the target market program dependent upon | ||||||
11 | submission to stricter compliance audits than are | ||||||
12 | generally applicable. No contract shall be eligible for | ||||||
13 | inclusion in the target market program unless the list | ||||||
14 | developed by the Department indicates that there are at | ||||||
15 | least 3 qualified minority-owned businesses or women-owned | ||||||
16 | businesses interested in participating in that type of | ||||||
17 | contract. The Department may develop guidelines to | ||||||
18 | regulate the level of participation of individual | ||||||
19 | minority-owned businesses and women-owned businesses in | ||||||
20 | the target market program in order to prevent the | ||||||
21 | domination of the target market program by a small number | ||||||
22 | of those entities. If necessary or useful, the Department | ||||||
23 | may require minority-owned businesses and women-owned | ||||||
24 | businesses to participate in training programs offered by | ||||||
25 | the Department or other State agencies as a condition to | ||||||
26 | participation in the target market program. |
| |||||||
| |||||||
1 | (4) Participation in the target market program shall be | ||||||
2 | limited to minority-owned businesses and women-owned | ||||||
3 | businesses and joint ventures consisting exclusively of | ||||||
4 | minority-owned businesses, women-owned businesses, or | ||||||
5 | both. The prime contractor on a target market contract may | ||||||
6 | subcontract up to 50% of the dollar value of the target | ||||||
7 | market contract to subcontractors who are not | ||||||
8 | minority-owned businesses or women-owned businesses. | ||||||
9 | (5) The Department may include in the target market | ||||||
10 | program contracts that are funded by the federal government | ||||||
11 | and may vary the standards of eligibility of the target | ||||||
12 | market program (for example, by allowing the participation | ||||||
13 | of businesses owned by a person with a disability) to the | ||||||
14 | extent necessary to comply with the federal funding | ||||||
15 | requirements. | ||||||
16 | (6) If no satisfactory bid or response is received with | ||||||
17 | respect to a contract that has been designated as part of | ||||||
18 | the target market program, the Department may delete that | ||||||
19 | contract from the target market program. In addition, the | ||||||
20 | chief procurement officer shall thereupon designate and | ||||||
21 | set aside for the target market program additional | ||||||
22 | contracts corresponding in approximate value to the | ||||||
23 | contract that was deleted from the target market program, | ||||||
24 | to the extent feasible. | ||||||
25 | (7) In order to facilitate the performance of target | ||||||
26 | market contracts by minority-owned businesses and |
| |||||||
| |||||||
1 | women-owned businesses, the chief procurement officer may | ||||||
2 | expedite payments under target market contracts, may | ||||||
3 | reduce retainages under target market contracts when | ||||||
4 | appropriate, and may pay the contractor a portion of the | ||||||
5 | value of a target market contract at the time of award as | ||||||
6 | an advance to cover start-up and mobilization costs. | ||||||
7 | Section 95-20. The Illinois Finance Authority Act is | ||||||
8 | amended by changing Section 801-40 as follows:
| ||||||
9 | (20 ILCS 3501/801-40)
| ||||||
10 | Sec. 801-40. In addition to the powers otherwise authorized | ||||||
11 | by law and in
addition to the foregoing general corporate | ||||||
12 | powers, the Authority shall also
have the following additional | ||||||
13 | specific powers to be exercised in furtherance of
the purposes | ||||||
14 | of this Act.
| ||||||
15 | (a) The Authority shall have power (i) to accept grants, | ||||||
16 | loans or
appropriations from the federal government or the | ||||||
17 | State, or any agency or
instrumentality thereof, to be used for | ||||||
18 | the operating expenses of the
Authority,
or for any purposes of | ||||||
19 | the Authority, including the making of direct loans of
such | ||||||
20 | funds with respect to projects, and (ii) to enter into any | ||||||
21 | agreement with
the federal government or the State, or any | ||||||
22 | agency or instrumentality thereof,
in relationship to such | ||||||
23 | grants, loans or appropriations.
| ||||||
24 | (b) The Authority shall have power to procure and enter |
| |||||||
| |||||||
1 | into contracts for
any
type of insurance and indemnity | ||||||
2 | agreements covering loss or damage to property
from any cause, | ||||||
3 | including loss of use and occupancy, or covering any other
| ||||||
4 | insurable risk.
| ||||||
5 | (c) The Authority shall have the continuing power to issue | ||||||
6 | bonds for its
corporate purposes. Bonds may be issued by the | ||||||
7 | Authority in one or more series
and may provide for the payment | ||||||
8 | of any interest deemed necessary on such bonds,
of the costs of | ||||||
9 | issuance of such bonds, of any premium on any insurance, or of
| ||||||
10 | the cost of any guarantees, letters of credit or other similar | ||||||
11 | documents, may
provide for the funding of the reserves deemed | ||||||
12 | necessary in connection with
such bonds, and may provide for | ||||||
13 | the refunding or advance refunding of any bonds
or
for accounts | ||||||
14 | deemed necessary in connection with any purpose of the | ||||||
15 | Authority.
The bonds may bear interest payable at any time or | ||||||
16 | times and at any rate or
rates, notwithstanding any other | ||||||
17 | provision of law to the contrary, and such
rate or rates may be | ||||||
18 | established by an index or formula which may be
implemented or
| ||||||
19 | established by persons appointed or retained therefor by the | ||||||
20 | Authority, or may
bear no interest or may bear interest payable | ||||||
21 | at maturity or upon redemption
prior to maturity, may bear such | ||||||
22 | date or dates, may be payable at such time or
times and at such | ||||||
23 | place or places, may mature at any time or times not later
than | ||||||
24 | 40 years from the date of issuance, may be sold at public or | ||||||
25 | private sale
at such time or times and at such price or prices, | ||||||
26 | may be secured by such
pledges, reserves, guarantees, letters |
| |||||||
| |||||||
1 | of credit, insurance contracts or other
similar credit support | ||||||
2 | or liquidity instruments, may be executed in such
manner, may | ||||||
3 | be subject to redemption prior to maturity, may provide for the
| ||||||
4 | registration of the bonds, and may be subject to such other | ||||||
5 | terms and
conditions all as may
be provided by the resolution | ||||||
6 | or indenture authorizing the issuance of such
bonds. The holder | ||||||
7 | or holders of any bonds issued by the Authority may bring
suits | ||||||
8 | at law or proceedings in equity to compel the performance and | ||||||
9 | observance
by any person or by the Authority or any of its | ||||||
10 | agents or employees of any
contract or covenant made with the | ||||||
11 | holders of such bonds and to compel such
person or the | ||||||
12 | Authority and any of its agents or employees to perform any
| ||||||
13 | duties
required to be performed for the benefit of the holders | ||||||
14 | of any such bonds by
the provision of the resolution | ||||||
15 | authorizing their issuance, and to enjoin such
person or the | ||||||
16 | Authority and any of its agents or employees from taking any
| ||||||
17 | action in conflict with any such contract or covenant.
| ||||||
18 | Notwithstanding the form and tenor of any such bonds and in the | ||||||
19 | absence of any
express recital on the face thereof that it is | ||||||
20 | non-negotiable, all such bonds
shall be negotiable | ||||||
21 | instruments. Pending the preparation and execution of any
such | ||||||
22 | bonds, temporary bonds may be issued as provided by the | ||||||
23 | resolution.
The bonds shall be sold by the Authority in such | ||||||
24 | manner as it shall determine.
The bonds may be secured as | ||||||
25 | provided in the authorizing resolution by the
receipts, | ||||||
26 | revenues, income and other available funds of the Authority and |
| |||||||
| |||||||
1 | by
any amounts derived by the Authority from the loan agreement | ||||||
2 | or lease agreement
with respect to the project or projects; and | ||||||
3 | bonds may be issued as general
obligations of the Authority | ||||||
4 | payable from such revenues, funds and obligations
of the | ||||||
5 | Authority as the bond resolution shall provide, or may be | ||||||
6 | issued as
limited obligations with a claim for payment solely | ||||||
7 | from such revenues, funds
and obligations as the bond | ||||||
8 | resolution shall provide. The Authority may grant a
specific | ||||||
9 | pledge or assignment of and lien on or security interest in | ||||||
10 | such
rights, revenues, income, or amounts and may grant a | ||||||
11 | specific pledge or
assignment of and lien on or security | ||||||
12 | interest in any reserves, funds or
accounts established in the | ||||||
13 | resolution authorizing the issuance of bonds. Any
such pledge, | ||||||
14 | assignment, lien or security interest for the benefit of the
| ||||||
15 | holders of the Authority's bonds shall be valid and binding | ||||||
16 | from the time the
bonds are issued without any physical | ||||||
17 | delivery or further act, and shall be
valid and binding as | ||||||
18 | against and prior to the claims of all other parties
having | ||||||
19 | claims against the Authority or any other person irrespective | ||||||
20 | of whether
the
other parties have notice of the pledge, | ||||||
21 | assignment, lien or security interest.
As evidence of such | ||||||
22 | pledge, assignment, lien and security interest, the
Authority | ||||||
23 | may execute and deliver a mortgage, trust agreement, indenture | ||||||
24 | or
security agreement or an assignment thereof.
A remedy for | ||||||
25 | any breach or default of the terms of any such agreement by the
| ||||||
26 | Authority may be by mandamus proceedings in any court of |
| |||||||
| |||||||
1 | competent jurisdiction
to compel the performance and | ||||||
2 | compliance therewith, but the agreement may
prescribe by whom | ||||||
3 | or on whose behalf such action may be instituted.
It is | ||||||
4 | expressly understood that the Authority may, but need not, | ||||||
5 | acquire title
to any project with respect to which it exercises | ||||||
6 | its authority.
| ||||||
7 | (d) With respect to the powers granted by this Act, the | ||||||
8 | Authority may adopt
rules and regulations prescribing the | ||||||
9 | procedures by which persons may apply for
assistance under this | ||||||
10 | Act. Nothing herein shall be deemed to preclude the
Authority, | ||||||
11 | prior to the filing of any formal application, from conducting
| ||||||
12 | preliminary discussions and investigations with respect to the | ||||||
13 | subject matter
of any prospective application.
| ||||||
14 | (e) The Authority shall have power to acquire by purchase, | ||||||
15 | lease, gift or
otherwise any property or rights therein from | ||||||
16 | any person useful for its
purposes, whether improved for the | ||||||
17 | purposes of any prospective project, or
unimproved. The | ||||||
18 | Authority may also accept any donation of funds for its
| ||||||
19 | purposes from any such source. The Authority shall have no | ||||||
20 | independent power of
condemnation but may acquire any property | ||||||
21 | or rights therein obtained upon
condemnation by any other | ||||||
22 | authority, governmental entity or unit of local
government with | ||||||
23 | such power.
| ||||||
24 | (f) The Authority shall have power to develop, construct | ||||||
25 | and improve either
under its own direction, or through | ||||||
26 | collaboration with any approved applicant,
or to acquire |
| |||||||
| |||||||
1 | through purchase or otherwise, any project, using for such
| ||||||
2 | purpose the proceeds derived from the sale of its bonds or from | ||||||
3 | governmental
loans or
grants, and to hold title in the name of | ||||||
4 | the Authority to such projects.
| ||||||
5 | (g) The Authority shall have power to lease pursuant to a | ||||||
6 | lease agreement
any
project so developed and constructed or | ||||||
7 | acquired to the approved tenant on such
terms and conditions as | ||||||
8 | may be appropriate to further the purposes of this Act
and to | ||||||
9 | maintain the credit of the Authority. Any such lease may | ||||||
10 | provide for
either the Authority or the approved tenant to | ||||||
11 | assume initially, in whole or in
part, the costs of | ||||||
12 | maintenance, repair and improvements during the leasehold
| ||||||
13 | period. In no case, however, shall the total rentals from any | ||||||
14 | project during
any initial leasehold period or the total loan | ||||||
15 | repayments to be made pursuant
to any loan agreement, be less | ||||||
16 | than an amount necessary to return over such
lease
or loan | ||||||
17 | period (1) all costs incurred in connection with the | ||||||
18 | development,
construction, acquisition or improvement of the | ||||||
19 | project and for repair,
maintenance and improvements thereto | ||||||
20 | during the period of the lease or loan;
provided, however, that | ||||||
21 | the rentals or loan repayments need not include costs
met | ||||||
22 | through the use of funds other than those obtained by the | ||||||
23 | Authority through
the issuance of its bonds or governmental | ||||||
24 | loans; (2) a reasonable percentage
additive to be agreed upon | ||||||
25 | by the Authority and the borrower or tenant to cover
a properly | ||||||
26 | allocable portion of the Authority's general expenses, |
| |||||||
| |||||||
1 | including,
but not limited to, administrative expenses, | ||||||
2 | salaries and general insurance,
and
(3) an amount sufficient to | ||||||
3 | pay when due all principal of, interest and
premium, if
any on, | ||||||
4 | any bonds issued by the Authority with respect to the project. | ||||||
5 | The
portion of total rentals payable under clause (3) of this | ||||||
6 | subsection (g) shall
be deposited in such special accounts, | ||||||
7 | including all sinking funds, acquisition
or construction | ||||||
8 | funds, debt service and other funds as provided by any
| ||||||
9 | resolution, mortgage or trust agreement of the Authority | ||||||
10 | pursuant to which any
bond is issued.
| ||||||
11 | (h) The Authority has the power, upon the termination of | ||||||
12 | any leasehold
period
of any project, to sell or lease for a | ||||||
13 | further term or terms such project on
such terms and conditions | ||||||
14 | as the Authority shall deem reasonable and consistent
with the | ||||||
15 | purposes of the Act. The net proceeds from all such sales and | ||||||
16 | the
revenues or income from such leases shall be used to | ||||||
17 | satisfy any indebtedness
of
the Authority with respect to such | ||||||
18 | project and any balance may be used to pay
any expenses of the | ||||||
19 | Authority or be used for the further development,
construction, | ||||||
20 | acquisition or improvement of projects.
In the event any | ||||||
21 | project is vacated by a tenant prior to the termination of the
| ||||||
22 | initial leasehold period, the Authority shall sell or lease the | ||||||
23 | facilities of
the project on the most advantageous terms | ||||||
24 | available. The net proceeds of any
such disposition shall be | ||||||
25 | treated in the same manner as the proceeds from sales
or the | ||||||
26 | revenues or income from leases subsequent to the termination of |
| |||||||
| |||||||
1 | any
initial leasehold period.
| ||||||
2 | (i) The Authority shall have the power to make loans to | ||||||
3 | persons to finance a
project, to enter into loan agreements | ||||||
4 | with respect thereto, and to accept
guarantees from persons of | ||||||
5 | its loans or the resultant evidences of obligations
of the | ||||||
6 | Authority.
| ||||||
7 | (j) The Authority may fix, determine, charge and collect | ||||||
8 | any premiums, fees,
charges, costs and expenses, including, | ||||||
9 | without limitation, any application
fees, commitment fees, | ||||||
10 | program fees, financing charges or publication fees from
any | ||||||
11 | person in connection with its activities under this Act.
| ||||||
12 | (k) In addition to the funds established as provided | ||||||
13 | herein, the Authority
shall have the power to create and | ||||||
14 | establish such reserve funds and accounts as
may be necessary | ||||||
15 | or desirable to accomplish its purposes under this Act and to
| ||||||
16 | deposit its available monies into the funds and accounts.
| ||||||
17 | (l) At the request of the governing body of any unit of | ||||||
18 | local government,
the
Authority is authorized to market such | ||||||
19 | local government's revenue bond
offerings by preparing bond | ||||||
20 | issues for sale, advertising for sealed bids,
receiving bids
at | ||||||
21 | its offices, making the award to the bidder that offers the | ||||||
22 | most favorable
terms or arranging for negotiated placements or | ||||||
23 | underwritings of such
securities. The Authority may, at its | ||||||
24 | discretion, offer for concurrent sale the
revenue bonds of | ||||||
25 | several local governments. Sales by the Authority of revenue
| ||||||
26 | bonds under this Section shall in no way imply State guarantee |
| |||||||
| |||||||
1 | of such debt
issue. The Authority may require such financial | ||||||
2 | information from participating
local governments as it deems | ||||||
3 | necessary in order to carry out the purposes of
this subsection | ||||||
4 | (1).
| ||||||
5 | (m) The Authority may make grants to any county to which | ||||||
6 | Division 5-37 of
the
Counties Code is applicable to assist in | ||||||
7 | the financing of capital development,
construction and | ||||||
8 | renovation of new or existing facilities for hospitals and
| ||||||
9 | health care facilities under that Act. Such grants may only be | ||||||
10 | made from funds
appropriated for such purposes from the Build | ||||||
11 | Illinois Bond Fund.
| ||||||
12 | (n) The Authority may establish an urban development action | ||||||
13 | grant program
for
the purpose of assisting municipalities in | ||||||
14 | Illinois which are experiencing
severe economic distress to | ||||||
15 | help stimulate economic development activities
needed to aid in | ||||||
16 | economic recovery. The Authority shall determine the types of
| ||||||
17 | activities and projects for which the urban development action | ||||||
18 | grants may be
used, provided that such projects and activities | ||||||
19 | are broadly defined to include
all reasonable projects and | ||||||
20 | activities the primary objectives of which are the
development | ||||||
21 | of viable urban communities, including decent housing and a
| ||||||
22 | suitable living environment, and expansion of economic | ||||||
23 | opportunity, principally
for
persons of low and moderate | ||||||
24 | incomes. The Authority shall enter into grant
agreements from | ||||||
25 | monies appropriated for such purposes from the Build Illinois
| ||||||
26 | Bond Fund. The Authority shall monitor the
use of the grants, |
| |||||||
| |||||||
1 | and shall provide for audits of the funds as well as
recovery | ||||||
2 | by the Authority of any funds determined to have been spent in
| ||||||
3 | violation of this
subsection (n) or any rule or regulation | ||||||
4 | promulgated hereunder. The Authority
shall provide technical | ||||||
5 | assistance with regard to the effective use of the
urban | ||||||
6 | development action grants. The Authority shall file an annual | ||||||
7 | report to
the
General Assembly concerning the progress of the | ||||||
8 | grant program.
| ||||||
9 | (o) The Authority may establish a Housing Partnership | ||||||
10 | Program whereby the
Authority provides zero-interest loans to | ||||||
11 | municipalities for the purpose of
assisting in the financing of | ||||||
12 | projects for the rehabilitation of affordable
multi-family | ||||||
13 | housing for low and moderate income residents. The Authority | ||||||
14 | may
provide such loans only upon a municipality's providing | ||||||
15 | evidence that it has
obtained private funding for the | ||||||
16 | rehabilitation project. The Authority shall
provide 3 State | ||||||
17 | dollars for every 7 dollars obtained by the municipality from
| ||||||
18 | sources other than the State of Illinois. The loans shall be | ||||||
19 | made from monies
appropriated for such purpose from the Build | ||||||
20 | Illinois Bond Fund. The total amount of loans available under | ||||||
21 | the Housing
Partnership Program shall not exceed $30,000,000. | ||||||
22 | State loan monies under this
subsection shall be used only for | ||||||
23 | the acquisition and rehabilitation of
existing
buildings | ||||||
24 | containing 4 or more dwelling units. The terms of any loan made | ||||||
25 | by
the municipality under this subsection shall require | ||||||
26 | repayment of the loan to
the municipality upon any sale or |
| |||||||
| |||||||
1 | other transfer of the project.
| ||||||
2 | (p) The Authority may award grants to universities and | ||||||
3 | research
institutions,
research consortiums and other | ||||||
4 | not-for-profit entities for the purposes of:
remodeling or | ||||||
5 | otherwise physically altering existing laboratory or research
| ||||||
6 | facilities, expansion or physical additions to existing | ||||||
7 | laboratory or research
facilities, construction of new | ||||||
8 | laboratory or research facilities or
acquisition of modern | ||||||
9 | equipment to support laboratory or research operations
| ||||||
10 | provided that
such grants (i) be used solely in support of | ||||||
11 | project and equipment acquisitions
which enhance technology | ||||||
12 | transfer, and (ii) not constitute more than 60 percent
of the | ||||||
13 | total project or acquisition cost.
| ||||||
14 | (q) Grants may be awarded by the Authority to units of | ||||||
15 | local government for
the
purpose of developing the appropriate | ||||||
16 | infrastructure or defraying other costs
to
the local government | ||||||
17 | in support of laboratory or research facilities provided
that | ||||||
18 | such grants may not exceed 40% of the cost to the unit of local
| ||||||
19 | government.
| ||||||
20 | (r) The Authority may establish a Direct Loan Program to | ||||||
21 | make loans to
individuals, partnerships or corporations for the | ||||||
22 | purpose of an industrial
project, as defined in
Section 801-10 | ||||||
23 | of this Act. For the purposes of such program
and not by way of | ||||||
24 | limitation on any other program of the Authority, the
Authority | ||||||
25 | shall have the power to issue bonds, notes, or other evidences | ||||||
26 | of
indebtedness including commercial paper for purposes of |
| |||||||
| |||||||
1 | providing a fund of
capital from which it may make such loans. | ||||||
2 | The Authority shall have the power
to use any appropriations | ||||||
3 | from the State made especially for the Authority's
Direct Loan | ||||||
4 | Program for additional capital to make such loans or for the
| ||||||
5 | purposes of reserve funds or pledged funds which secure the | ||||||
6 | Authority's
obligations of repayment of any bond, note or other | ||||||
7 | form of indebtedness
established for the purpose of providing | ||||||
8 | capital for which it intends to make
such loans under the | ||||||
9 | Direct Loan Program. For the purpose of obtaining such
capital, | ||||||
10 | the Authority may also enter into agreements with financial
| ||||||
11 | institutions and other persons for the purpose of selling loans | ||||||
12 | and developing
a secondary market for such loans.
Loans made | ||||||
13 | under the Direct Loan Program may be in an amount not to exceed
| ||||||
14 | $300,000 and shall be made for a portion of an industrial | ||||||
15 | project which does
not exceed 50% of the total project. No loan | ||||||
16 | may be made by the Authority
unless
approved by the affirmative | ||||||
17 | vote of at least 8 members of the board. The
Authority shall | ||||||
18 | establish procedures and publish rules which shall provide for
| ||||||
19 | the submission, review, and analysis of each direct loan | ||||||
20 | application and which
shall preserve the ability of each board | ||||||
21 | member to reach an individual business
judgment regarding the | ||||||
22 | propriety of making each direct loan. The collective
discretion | ||||||
23 | of the board to approve or disapprove each loan shall be
| ||||||
24 | unencumbered.
The Authority may establish and collect such fees | ||||||
25 | and charges, determine and
enforce such terms and conditions, | ||||||
26 | and charge such interest rates as it
determines to be necessary |
| |||||||
| |||||||
1 | and appropriate to the successful administration of
the Direct | ||||||
2 | Loan Program. The Authority may require such interests in | ||||||
3 | collateral
and such guarantees as it determines are necessary | ||||||
4 | to project the Authority's
interest in the repayment of the | ||||||
5 | principal and interest of each loan made under
the Direct Loan | ||||||
6 | Program.
| ||||||
7 | (s) The Authority may guarantee private loans to third | ||||||
8 | parties up to a
specified dollar amount in order to promote | ||||||
9 | economic development in this State.
| ||||||
10 | (t) The Authority may adopt rules and regulations as may be | ||||||
11 | necessary or
advisable to implement the powers conferred by | ||||||
12 | this Act.
| ||||||
13 | (u) The Authority shall have the power to issue bonds, | ||||||
14 | notes or other
evidences
of indebtedness, which may be used to | ||||||
15 | make loans to units of local government
which are authorized to | ||||||
16 | enter into loan agreements and other documents and to
issue | ||||||
17 | bonds, notes and other evidences of indebtedness for the | ||||||
18 | purpose of
financing the protection of storm sewer outfalls, | ||||||
19 | the construction of adequate
storm sewer outfalls, and the | ||||||
20 | provision for flood protection of sanitary sewage
treatment | ||||||
21 | plans, in counties that have established a stormwater | ||||||
22 | management
planning committee in accordance with
Section | ||||||
23 | 5-1062 of the Counties Code. Any
such loan shall be made by the | ||||||
24 | Authority pursuant to the provisions of
Section
820-5 to 820-60 | ||||||
25 | of this Act. The unit of local government shall pay back to the
| ||||||
26 | Authority the principal amount of the loan, plus annual |
| |||||||
| |||||||
1 | interest as determined
by the Authority. The Authority shall | ||||||
2 | have the power, subject to appropriations
by the General | ||||||
3 | Assembly, to subsidize or buy down a portion of the interest on
| ||||||
4 | such loans, up to 4% per annum.
| ||||||
5 | (v) The Authority may accept security interests as provided | ||||||
6 | in
Sections 11-3
and 11-3.3 of the Illinois Public Aid Code.
| ||||||
7 | (w) Moral Obligation. In the event that the Authority | ||||||
8 | determines that monies
of the Authority will not be sufficient | ||||||
9 | for the payment of the principal of and
interest on its bonds | ||||||
10 | during the next State fiscal year, the Chairperson, as
soon as | ||||||
11 | practicable, shall certify to the Governor the amount required | ||||||
12 | by the
Authority to enable it to pay such principal of and | ||||||
13 | interest on the bonds. The
Governor shall submit the amount so | ||||||
14 | certified to the General Assembly as soon
as
practicable, but | ||||||
15 | no later than the end of the current State fiscal year. This
| ||||||
16 | subsection shall apply only to any bonds or notes as to which | ||||||
17 | the Authority
shall have determined, in the resolution | ||||||
18 | authorizing the issuance of the bonds
or notes, that this | ||||||
19 | subsection shall apply. Whenever the Authority makes such a
| ||||||
20 | determination, that fact shall be plainly stated on the face of | ||||||
21 | the bonds or
notes and that fact shall also be reported to the | ||||||
22 | Governor. In the event of a
withdrawal of moneys from a reserve | ||||||
23 | fund established with respect to any issue
or issues of bonds | ||||||
24 | of the Authority to pay principal or interest on those
bonds,
| ||||||
25 | the Chairperson of the Authority, as soon as practicable, shall | ||||||
26 | certify to the
Governor the amount required to restore the |
| |||||||
| |||||||
1 | reserve fund to the level required
in the resolution or | ||||||
2 | indenture securing those bonds. The Governor shall submit
the | ||||||
3 | amount so certified to the General Assembly as soon as | ||||||
4 | practicable, but no
later than the end of the current State | ||||||
5 | fiscal year. The Authority shall obtain
written approval from | ||||||
6 | the Governor for any bonds and notes to be issued under
this | ||||||
7 | Section.
In addition to any other bonds authorized to be issued | ||||||
8 | under
Sections 825-60, 825-65(e), 830-25 and 845-5, the | ||||||
9 | principal amount of Authority
bonds outstanding
issued under | ||||||
10 | this
Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS | ||||||
11 | 360/2-6(c), which have
been
assumed by the Authority, shall not | ||||||
12 | exceed $150,000,000. This subsection (w) shall in no way be | ||||||
13 | applied to any bonds issued by the Authority on behalf of the | ||||||
14 | Illinois Power Agency under Section 825-90 of this Act.
| ||||||
15 | (x) The Authority may enter into agreements or contracts | ||||||
16 | with any person necessary or appropriate to place the payment | ||||||
17 | obligations of the Authority under any of its bonds in whole or | ||||||
18 | in part on any interest rate basis, cash flow basis, or other | ||||||
19 | basis desired by the Authority, including without limitation | ||||||
20 | agreements or contracts commonly known as "interest rate swap | ||||||
21 | agreements", "forward payment conversion agreements", and | ||||||
22 | "futures", or agreements or contracts to exchange cash flows or | ||||||
23 | a series of payments, or agreements or contracts, including | ||||||
24 | without limitation agreements or contracts commonly known as | ||||||
25 | "options", "puts", or "calls", to hedge payment, rate spread, | ||||||
26 | or similar exposure; provided that any such agreement or |
| |||||||
| |||||||
1 | contract shall not constitute an obligation for borrowed money | ||||||
2 | and shall not be taken into account under Section 845-5 of this | ||||||
3 | Act or any other debt limit of the Authority or the State of | ||||||
4 | Illinois.
| ||||||
5 | (y) The Authority shall publish summaries of projects and | ||||||
6 | actions approved by the members of the Authority on its | ||||||
7 | website. These summaries shall include, but not be limited to, | ||||||
8 | information regarding the: | ||||||
9 | (1) project; | ||||||
10 | (2) Board's action or actions; | ||||||
11 | (3) purpose of the project; | ||||||
12 | (4) Authority's program and contribution; | ||||||
13 | (5) volume cap; | ||||||
14 | (6) jobs retained; | ||||||
15 | (7) projected new jobs; | ||||||
16 | (8) construction jobs created; | ||||||
17 | (9) estimated sources and uses of funds; | ||||||
18 | (10) financing summary; | ||||||
19 | (11) project summary; | ||||||
20 | (12) business summary; | ||||||
21 | (13) ownership or economic disclosure statement; | ||||||
22 | (14) professional and financial information; | ||||||
23 | (15) service area; and | ||||||
24 | (16) legislative district. | ||||||
25 | The disclosure of information pursuant to this subsection | ||||||
26 | shall comply with the Freedom of Information Act. |
| |||||||
| |||||||
1 | (Source: P.A. 94-91, eff. 7-1-05; 95-470, eff. 8-27-07; 95-481, | ||||||
2 | eff. 8-28-07; 95-876, eff. 8-21-08.)
| ||||||
3 | Section 95-30. The Fiscal Control and Internal Auditing Act | ||||||
4 | is amended by changing Sections 1003, 2001, and 2002 as | ||||||
5 | follows:
| ||||||
6 | (30 ILCS 10/1003) (from Ch. 15, par. 1003)
| ||||||
7 | Sec. 1003. Definitions.
| ||||||
8 | (a) "Designated State agencies" include the offices of
the | ||||||
9 | Secretary of State, the State Comptroller, the State Treasurer, | ||||||
10 | and the
Attorney General, the State Board of Education, the | ||||||
11 | State
colleges and universities, the Illinois Toll Highway | ||||||
12 | Authority, the
Illinois Housing Development Authority, the | ||||||
13 | public retirement systems, the Illinois Student Assistance | ||||||
14 | Commission, the Illinois Finance Authority, the Environmental | ||||||
15 | Protection Agency, the Capital Development Board, the | ||||||
16 | Department of Military Affairs, the State Fire Marshal, and | ||||||
17 | each Department of State government created in Article 5, | ||||||
18 | Section 5-15 of the Civil Administrative Code of Illinois and | ||||||
19 | other State agencies designated
by the Governor under Section | ||||||
20 | 2001 .
| ||||||
21 | (b) "State agency" means that term as defined in the
| ||||||
22 | Illinois State Auditing Act, as now or hereafter amended, | ||||||
23 | except the
judicial branch which shall be covered by subsection | ||||||
24 | (c) of Section 2001
and Section 3004 of this Act.
|
| |||||||
| |||||||
1 | (c) "Chief executive officer" includes, respectively, the | ||||||
2 | Secretary of
State, the State Comptroller, the State Treasurer, | ||||||
3 | the Attorney General,
the State Superintendent
of Education, | ||||||
4 | such chief executive officers as are designated by
the | ||||||
5 | governing board of each State college
and university, the
| ||||||
6 | executive director of the Illinois Toll Highway Authority, and | ||||||
7 | the
executive director of the
Illinois Housing Development | ||||||
8 | Authority, as well as the chief executive
officer of each | ||||||
9 | designated other State agency.
| ||||||
10 | (Source: P.A. 86-936.)
| ||||||
11 | (30 ILCS 10/2001) (from Ch. 15, par. 2001)
| ||||||
12 | Sec. 2001. Program of internal auditing.
| ||||||
13 | (a) Each designated State agency as defined in Section | ||||||
14 | 1003(a) shall maintain establish a
full-time program of
| ||||||
15 | internal auditing . In the event that a designated State agency | ||||||
16 | is merged, abolished, reorganized, or renamed, the successor | ||||||
17 | State agency shall also be a designated State agency . The
| ||||||
18 | Governor shall designate State agencies under this Act not | ||||||
19 | later than April 1
of each
odd numbered year. The designations | ||||||
20 | shall be filed with the Index Division
of the Office of the
| ||||||
21 | Secretary of State as a public record. The Legislative Audit
| ||||||
22 | Commission may make formal recommendations to the Governor
that | ||||||
23 | the Governor designate other State agencies under this Act. | ||||||
24 | (a-5) Within 30 days after the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly, each chief |
| |||||||
| |||||||
1 | internal auditor transferred under Executive Order 2003-10 to | ||||||
2 | the Department of Central Management Services shall be | ||||||
3 | transferred to the auditor's designated State agency, and if an | ||||||
4 | auditor does not have a designated State agency or has more | ||||||
5 | than one designated State agency, then the chief executive | ||||||
6 | officer of a State agency shall appoint such person as the | ||||||
7 | chief internal auditor of a State agency. A chief internal | ||||||
8 | auditor transferred under this amendatory Act of the 96th | ||||||
9 | General Assembly shall be appointed to a 5-year term beginning | ||||||
10 | on the effective date of this amendatory Act of the 96th | ||||||
11 | General Assembly. | ||||||
12 | The rights of employees and of the State and its agencies | ||||||
13 | under the Personnel Code and applicable collective bargaining | ||||||
14 | agreements or under any pension retirement or annuity plan | ||||||
15 | shall not be affected by this amendatory Act of the 96th | ||||||
16 | General Assembly. | ||||||
17 | All books, records, papers, documents, property (real and | ||||||
18 | personal), unexpended appropriations, and pending business | ||||||
19 | pertaining to the functions transferred by this amendatory Act | ||||||
20 | of the 96th General Assembly shall be delivered to the | ||||||
21 | respective State agency pursuant to the direction of the chief | ||||||
22 | executive officer of that State agency.
| ||||||
23 | (b) The chief executive officer of a State agency is not | ||||||
24 | relieved from
the responsibility for
maintaining an effective | ||||||
25 | internal control system merely because that State
agency is not | ||||||
26 | designated and required to have a full-time program of
internal |
| |||||||
| |||||||
1 | auditing under this Act. Agencies which do not have full-time
| ||||||
2 | internal audit programs may have internal audits performed by | ||||||
3 | the
Department of Central Management Services.
| ||||||
4 | (c) The Supreme Court will establish by its rulemaking | ||||||
5 | authority or by
administrative order a full-time program of | ||||||
6 | internal auditing of
State-funded activities of the judicial | ||||||
7 | branch, which is consistent with
the intent of this Article.
| ||||||
8 | (Source: P.A. 86-936.)
| ||||||
9 | (30 ILCS 10/2002) (from Ch. 15, par. 2002)
| ||||||
10 | Sec. 2002. Qualifications of chief internal auditor.
| ||||||
11 | (a) The chief executive officer of each designated State | ||||||
12 | agency
shall appoint a chief internal auditor with a bachelor's
| ||||||
13 | degree, who is either:
| ||||||
14 | (1) a certified
internal auditor by examination or a | ||||||
15 | certified public accountant and who
has at least 4 years of
| ||||||
16 | progressively responsible professional auditing | ||||||
17 | experience; or
| ||||||
18 | (2) an auditor with at least 5 years of
progressively | ||||||
19 | responsible professional auditing experience.
| ||||||
20 | (b) The chief internal auditor shall report directly to the
| ||||||
21 | chief executive officer and shall have
direct communications | ||||||
22 | with the chief executive officer and the governing
board, if | ||||||
23 | applicable,
in the exercise of auditing activities. All chief | ||||||
24 | internal
auditors and all full-time members of an internal | ||||||
25 | audit staff shall be free
of all operational duties.
|
| |||||||
| |||||||
1 | (c) The chief internal auditor shall serve a 5-year term | ||||||
2 | beginning on the date of the appointment. A chief internal | ||||||
3 | auditor may be removed only for cause after a hearing before | ||||||
4 | the Executive Ethics Commission concerning the removal. Any | ||||||
5 | chief internal auditor who is appointed to replace a removed | ||||||
6 | chief internal auditor may serve only until the expiration of | ||||||
7 | the term of the removed chief internal auditor. The annual | ||||||
8 | salary of a chief internal auditor cannot be diminished during | ||||||
9 | the term of the chief internal auditor. | ||||||
10 | (Source: P.A. 86-936.)
| ||||||
11 | Section 95-35. The Illinois Procurement Code is amended by | ||||||
12 | changing Sections 1-15.15, 1-15.30, 1-15.70, 1-15.80, 5-5, | ||||||
13 | 5-25, 10-5, 10-10, 10-15, 15-25, 15-30, 20-10, 20-25, 20-30, | ||||||
14 | 20-50, 20-60, 20-65, 20-70, 20-75, 20-80, 20-155, 20-160, | ||||||
15 | 40-25, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, 50-14.5, | ||||||
16 | 50-20, 50-30, 50-35, 50-37, 50-60, 50-65, 50-70, and 53-10 and | ||||||
17 | by adding Sections 1-15.107, 10-20, 10-25, 20-43, 20-120, 50-2, | ||||||
18 | 50-21, 50-38, and 50-39 as follows:
| ||||||
19 | (30 ILCS 500/1-15.15)
| ||||||
20 | Sec. 1-15.15. Chief Procurement Officer. "Chief
| ||||||
21 | Procurement Officer" means any of the 4 persons appointed by a | ||||||
22 | majority of the members of the Executive Ethics Commission for :
| ||||||
23 | (1) for procurements for construction and | ||||||
24 | construction-related services
committed by law to the |
| |||||||
| |||||||
1 | jurisdiction or responsibility of the Capital
Development | ||||||
2 | Board , the executive director of the Capital Development Board .
| ||||||
3 | (2) for procurements for all construction, | ||||||
4 | construction-related services,
operation of any facility, and | ||||||
5 | the provision of any service or activity
committed by law to | ||||||
6 | the jurisdiction or responsibility of the Illinois
Department | ||||||
7 | of Transportation, including the direct or reimbursable | ||||||
8 | expenditure
of all federal funds for which the Department of | ||||||
9 | Transportation is responsible
or accountable for the use | ||||||
10 | thereof in accordance with federal law, regulation,
or | ||||||
11 | procedure , the Secretary of Transportation .
| ||||||
12 | (3) for all procurements made by a public institution of | ||||||
13 | higher education , a
representative designated by the Governor .
| ||||||
14 | (4) (Blank). for all procurements made by the Illinois | ||||||
15 | Power Agency, the Director of the Illinois Power Agency.
| ||||||
16 | (5) for all other procurements , the Director of the | ||||||
17 | Department of Central
Management Services .
| ||||||
18 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
19 | (30 ILCS 500/1-15.30)
| ||||||
20 | Sec. 1-15.30. Contract. "Contract" means all types of
State | ||||||
21 | agreements, including change orders and renewals, regardless
| ||||||
22 | of what they may be called, for the procurement, use, or | ||||||
23 | disposal
of supplies, services,
professional or artistic | ||||||
24 | services, or construction or for leases of real
property , | ||||||
25 | whether the State is lessor or lessee, or
capital improvements,
|
| |||||||
| |||||||
1 | and including master contracts, contracts for financing | ||||||
2 | through
use of installment or
lease-purchase arrangements, | ||||||
3 | renegotiated contracts, amendments to contracts, and change | ||||||
4 | orders.
| ||||||
5 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
6 | (30 ILCS 500/1-15.70)
| ||||||
7 | Sec. 1-15.70. Purchasing agency. "Purchasing agency" means | ||||||
8 | a State agency that enters into a contract at the direction of | ||||||
9 | a State purchasing officer authorized by a chief procurement | ||||||
10 | officer or a chief procurement officer. "Purchasing agency"
| ||||||
11 | means a State agency that
is authorized by this Code, by its | ||||||
12 | implementing rules, or by
authorized delegation of a chief | ||||||
13 | procurement officer
to enter into contracts.
| ||||||
14 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
15 | (30 ILCS 500/1-15.80)
| ||||||
16 | Sec. 1-15.80. Responsible bidder or offeror.
"Responsible | ||||||
17 | bidder or offeror" means
a person who has the capability in all | ||||||
18 | respects to perform fully
the contract requirements and
the | ||||||
19 | integrity and reliability that will assure good faith
| ||||||
20 | performance. A responsible bidder or offeror shall not include | ||||||
21 | a business or other entity that does not exist as a legal | ||||||
22 | entity at the time a bid or proposal is submitted for a State | ||||||
23 | contract.
| ||||||
24 | (Source: P.A. 90-572, eff. 2-6-98.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/1-15.107 new) | ||||||
2 | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | ||||||
3 | between a person and a person who has or is seeking a contract | ||||||
4 | subject to this Code, pursuant to which the subcontractor | ||||||
5 | provides to the contractor or another subcontractor some or all | ||||||
6 | of the goods, services, property, remuneration, or other forms | ||||||
7 | of consideration that are the subject of the primary contract | ||||||
8 | and includes, among other things, subleases from a lessee of a | ||||||
9 | State agency.
| ||||||
10 | (30 ILCS 500/5-5)
| ||||||
11 | Sec. 5-5. Procurement Policy Board.
| ||||||
12 | (a) Creation. There is created a Procurement Policy Board, | ||||||
13 | an agency of the State of Illinois.
| ||||||
14 | (b) Authority and duties. The Board shall have the
| ||||||
15 | authority and responsibility to
review, comment upon, and | ||||||
16 | recommend, consistent with this Code, rules and
practices | ||||||
17 | governing the
procurement, management, control,
and disposal | ||||||
18 | of supplies, services, professional or artistic
services, | ||||||
19 | construction, and real
property and capital improvement leases | ||||||
20 | procured by the State.
The Board shall also have the authority | ||||||
21 | to recommend a program for professional development and provide | ||||||
22 | opportunities for training in procurement practices and | ||||||
23 | policies to chief procurement officers and their staffs in | ||||||
24 | order to ensure that all procurement is conducted in an |
| |||||||
| |||||||
1 | efficient, professional, and appropriately transparent manner. | ||||||
2 | Upon a three-fifths vote of its members, the Board may | ||||||
3 | review a
contract.
Upon a three-fifths vote of its members, the | ||||||
4 | Board may propose procurement
rules for consideration by chief | ||||||
5 | procurement officers. These proposals shall
be published in | ||||||
6 | each volume of the Procurement Bulletin.
Except as otherwise | ||||||
7 | provided by law, the Board shall act upon the vote of a
| ||||||
8 | majority of its members who have been appointed and are | ||||||
9 | serving.
| ||||||
10 | (b-5) Reviews, studies, and hearings. The Board may review, | ||||||
11 | study, and hold public hearings concerning the implementation | ||||||
12 | and administration of this Code. Each chief procurement | ||||||
13 | officer, associate procurement officer, State purchasing | ||||||
14 | officer, procurement compliance monitor, and State agency | ||||||
15 | shall cooperate with the Board, provide information to the | ||||||
16 | Board, and be responsive to the Board in the Board's conduct of | ||||||
17 | its reviews, studies, and hearings.
| ||||||
18 | (c) Members. The Board shall consist of 5 members
appointed | ||||||
19 | one each by the 4 legislative leaders and
the Governor.
Each
| ||||||
20 | member shall have demonstrated sufficient business or | ||||||
21 | professional
experience in the area of
procurement to perform | ||||||
22 | the functions of the Board. No member may be a member
of the | ||||||
23 | General Assembly.
| ||||||
24 | (d) Terms. Of the initial appointees, the Governor shall
| ||||||
25 | designate one member, as Chairman, to serve
a one-year term, | ||||||
26 | the President of the Senate and the Speaker of the House shall
|
| |||||||
| |||||||
1 | each appoint one member to serve 3-year terms, and the Minority | ||||||
2 | Leader of the
House
and the Minority Leader of the Senate shall | ||||||
3 | each
appoint one member to serve 2-year terms. Subsequent
terms | ||||||
4 | shall be 4 years. Members may be reappointed for
succeeding | ||||||
5 | terms.
| ||||||
6 | (e) Reimbursement. Members shall receive no compensation
| ||||||
7 | but shall be reimbursed
for any expenses reasonably incurred in | ||||||
8 | the performance of their
duties.
| ||||||
9 | (f) Staff support. Upon a three-fifths vote of its members, | ||||||
10 | the Board may
employ an executive director. Subject to | ||||||
11 | appropriation, the
Board also may employ a reasonable and | ||||||
12 | necessary number of staff persons.
| ||||||
13 | (g) Meetings. Meetings of the Board may be conducted | ||||||
14 | telephonically,
electronically, or through the use of other | ||||||
15 | telecommunications.
Written minutes of such meetings shall be
| ||||||
16 | created and available for public inspection and copying.
| ||||||
17 | (h) Procurement recommendations. Upon a three-fifths vote | ||||||
18 | of its members, the Board may review a proposal, bid, or | ||||||
19 | contract and issue a recommendation to void a contract or | ||||||
20 | reject a proposal or bid based on any violation of this Code or | ||||||
21 | the existence of a conflict of interest as described in | ||||||
22 | subsections (b) and (d) of Section 50-35. A chief procurement | ||||||
23 | officer or State purchasing officer shall notify the Board if a | ||||||
24 | conflict of interest is identified, discovered, or reasonably | ||||||
25 | suspected to exist. Any person or entity may notify the Board | ||||||
26 | of a conflict of interest. A recommendation of the Board shall |
| |||||||
| |||||||
1 | be delivered to the appropriate chief procurement officer and | ||||||
2 | Executive Ethics Commission within 5 days and must be published | ||||||
3 | in the next volume of the Procurement Bulletin. | ||||||
4 | (i) The Board shall refer any alleged violations of this | ||||||
5 | Code to the Executive Inspector General in addition to or | ||||||
6 | instead of issuing a recommendation to void a contract. | ||||||
7 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
8 | (30 ILCS 500/5-25)
| ||||||
9 | Sec. 5-25. Rulemaking authority; agency policy; agency | ||||||
10 | response. | ||||||
11 | (a) Rulemaking. A chief procurement officer State agency
| ||||||
12 | authorized to make
procurements under this Code shall have the | ||||||
13 | authority to
promulgate rules to carry out that
authority.
That | ||||||
14 | rulemaking on specific procurement
topics is mentioned in | ||||||
15 | specific Sections of this Code shall not be construed as
| ||||||
16 | prohibiting or limiting rulemaking on other procurement | ||||||
17 | topics.
| ||||||
18 | All rules
shall be promulgated in accordance with the | ||||||
19 | Illinois Administrative Procedure
Act. Contractual provisions, | ||||||
20 | specifications, and procurement descriptions are
not rules and | ||||||
21 | are not subject to the Illinois Administrative Procedure Act.
| ||||||
22 | All rules other than those promulgated by the Board
shall be | ||||||
23 | presented in writing to the Board and the Executive Procurement | ||||||
24 | Officer for its review and
comment. The Board and the Executive | ||||||
25 | Procurement Officer shall express their its opinions and |
| |||||||
| |||||||
1 | recommendations in writing. The
Both the proposed rules and | ||||||
2 | Board recommendations shall be made available for
public | ||||||
3 | review. The rules shall also be approved by the applicable | ||||||
4 | chief
procurement officer and the Joint Committee on | ||||||
5 | Administrative Rules.
| ||||||
6 | (b) Policy. Each chief procurement officer , associate | ||||||
7 | procurement officer, and State agency shall promptly notify the | ||||||
8 | Procurement Policy Board in writing of any proposed new | ||||||
9 | procurement rule or policy or any proposed change in an | ||||||
10 | existing procurement rule or policy.
| ||||||
11 | (c) Response. Each State agency must respond promptly in | ||||||
12 | writing to all inquiries and comments of the Procurement Policy | ||||||
13 | Board or Executive Procurement Officer .
| ||||||
14 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
15 | (30 ILCS 500/10-5)
| ||||||
16 | Sec. 10-5. Exercise of procurement authority. The chief | ||||||
17 | procurement officer shall exercise all procurement authority | ||||||
18 | created by this Code. The State purchasing officers appointed | ||||||
19 | under this Code shall exercise procurement authority at the | ||||||
20 | direction of their respective chief procurement officer. | ||||||
21 | Decisions of a State purchasing officer are subject to review | ||||||
22 | by the respective chief procurement officer. The State
| ||||||
23 | purchasing officers shall be
appointed by their respective | ||||||
24 | chief procurement officer and approved by the
director of each | ||||||
25 | State
agency. The State purchasing officer of each State agency |
| |||||||
| |||||||
1 | shall exercise the
procurement
authority created by this Code | ||||||
2 | except as otherwise provided in
this Code.
| ||||||
3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
4 | (30 ILCS 500/10-10)
| ||||||
5 | Sec. 10-10. Independent State purchasing officers General | ||||||
6 | appointments . | ||||||
7 | (a) The chief procurement officer shall
appoint and the | ||||||
8 | director
of each State agency
shall approve a State purchasing | ||||||
9 | officer for each agency that the chief procurement officer is | ||||||
10 | responsible for under Section 1-15.15. A State purchasing | ||||||
11 | officer shall be located in the State agency that the officer | ||||||
12 | serves but shall report to his or her respective chief | ||||||
13 | procurement officer. The State purchasing officer shall have | ||||||
14 | direct communication with agency staff assigned to assist with | ||||||
15 | any procurement process. At the direction of his or her | ||||||
16 | respective chief procurement officer, a State purchasing | ||||||
17 | officer shall enter into contracts for a purchasing agency. All | ||||||
18 | actions of a State purchasing officer are subject to review by | ||||||
19 | a chief procurement officer in accordance with procedures and | ||||||
20 | policies established by the chief procurement officer. | ||||||
21 | (b) In addition to any other requirement or qualification | ||||||
22 | required by State law, within 18 months after appointment, a | ||||||
23 | State purchasing officer must be a Certified Professional | ||||||
24 | Public Buyer or a Certified Public Purchasing Officer, pursuant | ||||||
25 | to certification by the Universal Public Purchasing |
| |||||||
| |||||||
1 | Certification Council. A State purchasing officer shall serve a | ||||||
2 | term of 5 years beginning on the date of the officer's | ||||||
3 | appointment. A State purchasing officer shall have an office | ||||||
4 | located in the State agency that the officer serves but shall | ||||||
5 | report to the chief procurement officer. A State purchasing | ||||||
6 | officer may be removed by a chief procurement officer for cause | ||||||
7 | after a hearing by the Executive Ethics Commission. The chief | ||||||
8 | procurement officer or executive officer of the State agency | ||||||
9 | housing the State purchasing officer may institute a complaint | ||||||
10 | against the State purchasing officer by filing such a complaint | ||||||
11 | with the Commission and the Commission shall have a public | ||||||
12 | hearing based on the complaint. The State purchasing officer, | ||||||
13 | chief procurement officer, and executive officer of the State | ||||||
14 | agency shall receive notice of the hearing and shall be | ||||||
15 | permitted to present their respective arguments on the | ||||||
16 | complaint. After the hearing, the Commission shall make a | ||||||
17 | non-binding recommendation on whether the State purchasing | ||||||
18 | officer shall be removed to exercise
within his or her | ||||||
19 | jurisdiction the
procurement authority created
by this Code . | ||||||
20 | The salary of a State purchasing officer shall be established | ||||||
21 | by the chief procurement officer and may not be diminished | ||||||
22 | during the officer's term. In the absence of an appointed and | ||||||
23 | approved State purchasing
officer, the applicable
chief | ||||||
24 | procurement officer shall exercise the procurement authority | ||||||
25 | created by
this Code and may appoint a temporary acting State | ||||||
26 | purchasing officer .
|
| |||||||
| |||||||
1 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
2 | (30 ILCS 500/10-15)
| ||||||
3 | Sec. 10-15. Procurement compliance monitors Associate | ||||||
4 | Procurement Officers . | ||||||
5 | (a) The Executive Ethics Commission shall appoint | ||||||
6 | procurement compliance monitors to oversee and review the | ||||||
7 | procurement processes. Each procurement compliance monitor | ||||||
8 | shall serve a term of 5 years beginning on the date of the | ||||||
9 | officer's appointment. Each procurement compliance monitor | ||||||
10 | shall have an office located in the State agency that the | ||||||
11 | monitor serves but shall report to the appropriate chief | ||||||
12 | procurement officer. The compliance monitor shall have direct | ||||||
13 | communications with the executive officer of a State agency in | ||||||
14 | exercising duties. A procurement compliance monitor may be | ||||||
15 | removed only for cause after a hearing by the Executive Ethics | ||||||
16 | Commission. The appropriate chief procurement officer or | ||||||
17 | executive officer of the State agency housing the procurement | ||||||
18 | compliance monitor may institute a complaint against the | ||||||
19 | procurement compliance monitor with the Commission and the | ||||||
20 | Commission shall hold a public hearing based on the complaint. | ||||||
21 | The procurement compliance monitor, State purchasing officer, | ||||||
22 | appropriate chief procurement officer, and executive officer | ||||||
23 | of the State agency shall receive notice of the hearing and | ||||||
24 | shall be permitted to present their respective arguments on the | ||||||
25 | complaint. After the hearing, the Commission shall determine |
| |||||||
| |||||||
1 | whether the procurement compliance monitor shall be removed. | ||||||
2 | The salary of a procurement compliance monitor shall be | ||||||
3 | established by the Executive Ethics Commission and may not be | ||||||
4 | diminished during the officer's term. | ||||||
5 | (b) The procurement compliance monitor may: (i) review each | ||||||
6 | contract or contract amendment prior to execution to ensure | ||||||
7 | that applicable procurement and contracting standards were | ||||||
8 | followed; (ii) attend any procurement meetings; (iii) access | ||||||
9 | any records or files related to procurement; (iv) issue reports | ||||||
10 | to the chief procurement officer on procurement issues that | ||||||
11 | present issues or that have not been corrected after | ||||||
12 | consultation with appropriate State officials; (v) ensure the | ||||||
13 | State agency is maintaining appropriate records; and (vi) | ||||||
14 | ensure transparency of the procurement process. | ||||||
15 | (c) If the procurement compliance monitor is aware of | ||||||
16 | misconduct, waste, or inefficiency with respect to State | ||||||
17 | procurement, the procurement compliance monitor shall advise | ||||||
18 | the State agency of the issue. If the State agency does not | ||||||
19 | correct the issue, the monitor shall report the problem to the | ||||||
20 | chief procurement officer and Inspector General. The Governor, | ||||||
21 | with the
consent of the statutory chief procurement officers, | ||||||
22 | may for proper and
effective administration of this Code | ||||||
23 | appoint associate procurement officers.
All associate | ||||||
24 | procurement officers shall be submitted to the Senate for | ||||||
25 | advice
and consent. For the purposes of this Code, duly | ||||||
26 | appointed associate
procurement officers shall function in all |
| |||||||
| |||||||
1 | respects as chief procurement
officers. Associate procurement | ||||||
2 | officers shall serve at the pleasure of the
Governor.
| ||||||
3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
4 | (30 ILCS 500/10-20 new)
| ||||||
5 | Sec. 10-20. Independent chief procurement officers. | ||||||
6 | (a) Appointment. Within 60 days after the effective date of | ||||||
7 | this amendatory Act of the 96th General Assembly, the Executive | ||||||
8 | Ethics Commission, with the advice and consent of the Senate | ||||||
9 | shall appoint 4 chief procurement officers, one for each of the | ||||||
10 | following categories: | ||||||
11 | (1) for procurements for construction and | ||||||
12 | construction-related services committed by law to the | ||||||
13 | jurisdiction or responsibility of the Capital Development | ||||||
14 | Board; | ||||||
15 | (2) for procurements for all construction, | ||||||
16 | construction-related services, operation of any facility, | ||||||
17 | and the provision of any service or activity committed by | ||||||
18 | law to the jurisdiction or responsibility of the Illinois | ||||||
19 | Department of Transportation, including the direct or | ||||||
20 | reimbursable expenditure of all federal funds for which the | ||||||
21 | Department of Transportation is responsible or accountable | ||||||
22 | for the use thereof in accordance with federal law, | ||||||
23 | regulation, or procedure; | ||||||
24 | (3) for all procurements made by a public institution | ||||||
25 | of higher education; and |
| |||||||
| |||||||
1 | (4) for all other procurement needs of State agencies. | ||||||
2 | A chief procurement officer shall be responsible to the | ||||||
3 | Executive Ethics Commission but must be located within the | ||||||
4 | agency that the officer provides with procurement services. The | ||||||
5 | chief procurement officer for higher education shall have an | ||||||
6 | office located within the Board of Higher Education, unless | ||||||
7 | otherwise designated by the Executive Ethics Commission. The | ||||||
8 | chief procurement officer for all other procurement needs of | ||||||
9 | the State shall have an office located within the Department of | ||||||
10 | Central Management Services, unless otherwise designated by | ||||||
11 | the Executive Ethics Commission. | ||||||
12 | (b) Terms and independence. Each chief procurement officer | ||||||
13 | appointed under this Section shall serve for a term of 5 years | ||||||
14 | beginning on the date of the officer's appointment. The chief | ||||||
15 | procurement officer may be removed for cause after a hearing by | ||||||
16 | the Executive Ethics Commission. The Governor or the director | ||||||
17 | of a State agency directly responsible to the Governor may | ||||||
18 | institute a complaint against the officer by filing such | ||||||
19 | complaint with the Commission. The Commission shall have a | ||||||
20 | hearing based on the complaint. The officer and the complainant | ||||||
21 | shall receive reasonable notice of the hearing and shall be | ||||||
22 | permitted to present their respective arguments on the | ||||||
23 | complaint. After the hearing, the Commission shall make a | ||||||
24 | finding on the complaint and may take disciplinary action, | ||||||
25 | including but not limited to removal of the officer. | ||||||
26 | The salary of a chief procurement officer shall be |
| |||||||
| |||||||
1 | established by the Executive Ethics Commission and may not be | ||||||
2 | diminished during the officer's term. The salary may not exceed | ||||||
3 | the salary of the director of a State agency for which the | ||||||
4 | officer serves as chief procurement officer. | ||||||
5 | (c) Qualifications. In addition to any other requirement or | ||||||
6 | qualification required by State law, each chief procurement | ||||||
7 | officer must within 12 months of employment be a Certified | ||||||
8 | Professional Public Buyer or a Certified Public Purchasing | ||||||
9 | Officer, pursuant to certification by the Universal Public | ||||||
10 | Purchasing Certification Council, and must reside in Illinois. | ||||||
11 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
12 | fiduciary duty to the State. | ||||||
13 | (30 ILCS 500/10-25 new)
| ||||||
14 | Sec. 10-25. Executive Procurement Officer. There is hereby | ||||||
15 | created, under the supervision of the Office of the Governor, | ||||||
16 | an Executive Procurement Office, headed by an Executive | ||||||
17 | Procurement Officer, who shall be appointed by the Governor. | ||||||
18 | The Executive Procurement Officer shall have the following | ||||||
19 | powers and duties: | ||||||
20 | (1) To recommend policies and procedures to ensure | ||||||
21 | consistency between the chief procurement officers and | ||||||
22 | their staffs, provided that each chief procurement officer | ||||||
23 | shall have final and exclusive authority over particular | ||||||
24 | procurement decisions. | ||||||
25 | (2) To assist chief procurement officers in the |
| |||||||
| |||||||
1 | development of and revision of policies that decisions on | ||||||
2 | procurement related matters remain free from political or | ||||||
3 | other inappropriate extrinsic influence. | ||||||
4 | (3) To provide guidance to all chief procurement | ||||||
5 | officers and their staffs on how to ensure that all State | ||||||
6 | procurement is conducted in a manner that is appropriately | ||||||
7 | responsive to and sensitive to the needs of vendors and the | ||||||
8 | business community in general through the development of | ||||||
9 | technologically sophisticated, efficient, and innovative | ||||||
10 | methodologies for managing procurement processes. | ||||||
11 | (4) Respecting the authority of the chief procurement | ||||||
12 | officers over procurement in their respective areas, to | ||||||
13 | assist with the implementation of policies mandated | ||||||
14 | through statute or executive order that promote diversity | ||||||
15 | among State contractors, including, but not limited to, the | ||||||
16 | implementation of the Business Enterprise and | ||||||
17 | Disadvantaged Business Enterprise Program. | ||||||
18 | The Executive Procurement Officer's compensation shall be | ||||||
19 | established by the Governor and paid from appropriations made | ||||||
20 | to the Office of the Governor. | ||||||
21 | This Section is repealed the second Monday of January 2011.
| ||||||
22 | (30 ILCS 500/15-25)
| ||||||
23 | Sec. 15-25. Bulletin content.
| ||||||
24 | (a) Invitations for bids. Notice of each and every contract | ||||||
25 | that is
offered, including renegotiated contracts and change |
| |||||||
| |||||||
1 | orders,
shall be published in the Bulletin. The applicable | ||||||
2 | chief procurement officer
may provide by rule an organized | ||||||
3 | format for the publication of this
information, but in any case | ||||||
4 | it must include at least the date first offered,
the date | ||||||
5 | submission of offers is due, the location that offers are to be
| ||||||
6 | submitted to, the purchasing State agency, the responsible | ||||||
7 | State purchasing
officer, a brief purchase description, the | ||||||
8 | method of source selection,
information of how to obtain a | ||||||
9 | comprehensive purchase description and any
disclosure and | ||||||
10 | contract forms, and encouragement to prospective vendors to | ||||||
11 | hire qualified veterans, as defined by Section 45-67 of this | ||||||
12 | Code, and Illinois residents discharged from any Illinois adult | ||||||
13 | correctional center.
| ||||||
14 | (b) Contracts let or awarded. Notice of each and every | ||||||
15 | contract that is let
or awarded, including renegotiated | ||||||
16 | contracts and change orders, shall be
published in the next | ||||||
17 | available subsequent Bulletin, and
the applicable chief | ||||||
18 | procurement officer may provide by rule an organized
format for | ||||||
19 | the publication
of
this information, but in any case it must | ||||||
20 | include at least all of the
information specified in subsection | ||||||
21 | (a) , as well as the name of the successful
responsible bidder | ||||||
22 | or offeror, the contract price, the number of unsuccessful
| ||||||
23 | responsive bidders, the information required in subsection (g) | ||||||
24 | of Section 20-10 if applicable, and any other disclosure | ||||||
25 | specified in any Section of this
Code. This notice must be | ||||||
26 | posted in the online electronic Bulletin no later than 10 |
| |||||||
| |||||||
1 | business days after the contract is awarded prior to execution | ||||||
2 | of the contract .
| ||||||
3 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
4 | officer or , State
purchasing officer , or designee exercising | ||||||
5 | emergency purchase authority under
this Code shall publish a | ||||||
6 | written description and reasons and the total cost,
if known, | ||||||
7 | or an estimate if unknown and the name of the responsible chief
| ||||||
8 | procurement officer and State purchasing officer, and the | ||||||
9 | business or person
contracted with for all emergency purchases | ||||||
10 | in
the next timely, practicable Bulletin. This notice must be | ||||||
11 | posted in the online electronic Bulletin no later than 3 within | ||||||
12 | 3 business days after the execution of the contract is awarded .
| ||||||
13 | Notice of a hearing to extend an emergency contract must be | ||||||
14 | posted in the online electronic Procurement Bulletin no later | ||||||
15 | than 5 business days prior to the hearing.
| ||||||
16 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
17 | agency shall post in the online electronic Bulletin a copy of | ||||||
18 | its annual report of utilization of businesses owned by | ||||||
19 | minorities, females, and persons with disabilities as | ||||||
20 | submitted to the Business Enterprise Council for Minorities, | ||||||
21 | Females, and Persons with Disabilities pursuant to Section 6(c) | ||||||
22 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
23 | with Disabilities Act within 10 business days after its | ||||||
24 | submission of its report to the Council.
| ||||||
25 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
26 | posted in the online electronic Bulletin within 10 business |
| |||||||
| |||||||
1 | days of the determination to renew the contract and the next | ||||||
2 | available subsequent Bulletin. The notice shall include at | ||||||
3 | least all of the information required in subsection (b).
| ||||||
4 | (c-15) Sole source procurements. Before entering into a | ||||||
5 | sole source contract, a chief procurement officer exercising | ||||||
6 | sole source procurement authority under this Code shall publish | ||||||
7 | a written description of intent to enter into a sole source | ||||||
8 | contract along with a description of the item to be procured | ||||||
9 | and the intended sole source contractor. This notice must be | ||||||
10 | posted in the online electronic Procurement Bulletin before a | ||||||
11 | sole source contract is awarded and at least 14 days before the | ||||||
12 | hearing required by Section 20-25. | ||||||
13 | (d) Other required disclosure. The applicable chief | ||||||
14 | procurement officer
shall provide by rule for the organized | ||||||
15 | publication of all other disclosure
required in other Sections | ||||||
16 | of this Code in a timely manner.
| ||||||
17 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
18 | (c-15) of this Section made by this amendatory Act of the 96th | ||||||
19 | General Assembly apply to reports submitted, offers made, and | ||||||
20 | notices on contracts executed on or after its effective date.
| ||||||
21 | (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.)
| ||||||
22 | (30 ILCS 500/15-30) | ||||||
23 | Sec. 15-30. Electronic Bulletin clearinghouse. | ||||||
24 | (a) The Procurement Policy Board shall maintain on its | ||||||
25 | official website a searchable database containing all |
| |||||||
| |||||||
1 | information required to be included in the Illinois Procurement | ||||||
2 | Bulletin under subsections (b) , and (c) , (c-10), and (c-15) of | ||||||
3 | Section 15-25 and all information required to be disclosed | ||||||
4 | under Section 50-41 . The posting of procurement information on | ||||||
5 | the website is subject to the same posting requirements as the | ||||||
6 | online electronic Bulletin. | ||||||
7 | (b) For the purposes of this Section, searchable means | ||||||
8 | searchable and sortable by successful responsible bidder or | ||||||
9 | offeror or, for emergency purchases, business or person | ||||||
10 | contracted with; the contract price or total cost; the service | ||||||
11 | or good; the purchasing State agency; and the date first | ||||||
12 | offered or announced. | ||||||
13 | (c) The Department of Central Management Services, the | ||||||
14 | Capital Development Board, the Department of Transportation, | ||||||
15 | and the higher education chief procurement officer shall | ||||||
16 | provide the Procurement Policy Board the information and | ||||||
17 | resources necessary, and in a manner, to effectuate the purpose | ||||||
18 | of this Section.
| ||||||
19 | (Source: P.A. 95-536, eff. 1-1-08.)
| ||||||
20 | (30 ILCS 500/20-10)
| ||||||
21 | Sec. 20-10. Competitive sealed bidding.
| ||||||
22 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
23 | competitive sealed bidding
except as otherwise provided in | ||||||
24 | Section 20-5.
| ||||||
25 | (b) Invitation for bids. An invitation for bids shall be
|
| |||||||
| |||||||
1 | issued and shall include a
purchase description and the | ||||||
2 | material contractual terms and
conditions applicable to the
| ||||||
3 | procurement.
| ||||||
4 | (c) Public notice. Public notice of the invitation for bids | ||||||
5 | shall be
published in the Illinois Procurement Bulletin at | ||||||
6 | least 14 days before the date
set in the invitation for the | ||||||
7 | opening of bids.
| ||||||
8 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
9 | presence of one or more witnesses
at the time and place | ||||||
10 | designated in the invitation for bids. The
name of each bidder, | ||||||
11 | the amount
of each bid, and other relevant information as may | ||||||
12 | be specified by
rule shall be
recorded. After the award of the | ||||||
13 | contract, the winning bid and the
record of each unsuccessful | ||||||
14 | bid shall be open to
public inspection.
| ||||||
15 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
16 | unconditionally accepted without
alteration or correction, | ||||||
17 | except as authorized in this Code. Bids
shall be evaluated | ||||||
18 | based on the
requirements set forth in the invitation for bids, | ||||||
19 | which may
include criteria to determine
acceptability such as | ||||||
20 | inspection, testing, quality, workmanship,
delivery, and | ||||||
21 | suitability for a
particular purpose. Those criteria that will | ||||||
22 | affect the bid price
and be considered in evaluation
for award, | ||||||
23 | such as discounts, transportation costs, and total or
life | ||||||
24 | cycle costs, shall be
objectively measurable. The invitation | ||||||
25 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
26 | (f) Correction or withdrawal of bids. Correction or
|
| |||||||
| |||||||
1 | withdrawal of inadvertently
erroneous bids before or after | ||||||
2 | award, or cancellation of awards of
contracts based on bid
| ||||||
3 | mistakes, shall be permitted in accordance with rules.
After | ||||||
4 | bid opening, no
changes in bid prices or other provisions of | ||||||
5 | bids prejudicial to
the interest of the State or fair
| ||||||
6 | competition shall be permitted. All decisions to permit the
| ||||||
7 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
8 | supported by written determination
made by a State purchasing | ||||||
9 | officer.
| ||||||
10 | (g) Award. The contract shall be awarded with reasonable
| ||||||
11 | promptness by written notice
to the lowest responsible and | ||||||
12 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
13 | set forth in the invitation for bids, except when a State | ||||||
14 | purchasing officer
determines it is not in the best interest of | ||||||
15 | the State and by written
explanation determines another bidder | ||||||
16 | shall receive the award. The explanation
shall appear in the | ||||||
17 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
18 | written explanation must include:
| ||||||
19 | (1) a description of the agency's needs; | ||||||
20 | (2) a determination that the anticipated cost will be | ||||||
21 | fair and reasonable; | ||||||
22 | (3) a listing of all responsible and responsive | ||||||
23 | bidders; and | ||||||
24 | (4) the name of the bidder selected, pricing, and the | ||||||
25 | reasons for selecting that bidder. | ||||||
26 | Each chief procurement officer may adopt guidelines to |
| |||||||
| |||||||
1 | implement the requirements of this subsection (g). | ||||||
2 | The written explanation shall be filed with the Legislative | ||||||
3 | Audit Commission and the Procurement Policy Board and be made | ||||||
4 | available for inspection by the public within 30 days after the | ||||||
5 | agency's decision to award the contract. | ||||||
6 | (h) Multi-step sealed bidding. When it is considered
| ||||||
7 | impracticable to initially prepare
a purchase description to | ||||||
8 | support an award based on price, an
invitation for bids may be | ||||||
9 | issued
requesting the submission of unpriced offers to be | ||||||
10 | followed by an
invitation for bids limited to
those bidders | ||||||
11 | whose offers have been qualified under the criteria
set forth | ||||||
12 | in the first solicitation.
| ||||||
13 | (i) Alternative procedures. Notwithstanding any other | ||||||
14 | provision of this Act to the contrary, the Director of the | ||||||
15 | Illinois Power Agency may create alternative bidding | ||||||
16 | procedures to be used in procuring professional services under | ||||||
17 | Section 1-75(a) of the Illinois Power Agency Act and Section | ||||||
18 | 16-111.5(c) of the Public Utilities Act. These alternative | ||||||
19 | procedures shall be set forth together with the other criteria | ||||||
20 | contained in the invitation for bids, and shall appear in the | ||||||
21 | appropriate volume of the Illinois Procurement Bulletin.
| ||||||
22 | (j) Reverse auction. Notwithstanding any other provision | ||||||
23 | of this Section and in accordance with rules adopted by the | ||||||
24 | chief procurement officer, that chief procurement officer may | ||||||
25 | procure supplies or services through a competitive electronic | ||||||
26 | auction bidding process after the chief procurement officer |
| |||||||
| |||||||
1 | determines that the use of such a process will be in the best | ||||||
2 | interest of the State. The chief procurement officer shall | ||||||
3 | publish that determination in his or her next volume of the | ||||||
4 | Illinois Procurement Bulletin. | ||||||
5 | An invitation for bids shall be issued and shall include | ||||||
6 | (i) a procurement description, (ii) all contractual terms, | ||||||
7 | whenever practical, and (iii) conditions applicable to the | ||||||
8 | procurement, including a notice that bids will be received in | ||||||
9 | an electronic auction manner. | ||||||
10 | Public notice of the invitation for bids shall be given in | ||||||
11 | the same manner as provided in subsection (c). | ||||||
12 | Bids shall be accepted electronically at the time and in | ||||||
13 | the manner designated in the invitation for bids. During the | ||||||
14 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
15 | Bidders shall have the opportunity to reduce their bid prices | ||||||
16 | during the auction. At the conclusion of the auction, the | ||||||
17 | record of the bid prices received and the name of each bidder | ||||||
18 | shall be open to public inspection. | ||||||
19 | After the auction period has terminated, withdrawal of bids | ||||||
20 | shall be permitted as provided in subsection (f). | ||||||
21 | The contract shall be awarded within 60 days after the | ||||||
22 | auction by written notice to the lowest responsible bidder, or | ||||||
23 | all bids shall be rejected except as otherwise provided in this | ||||||
24 | Code. Extensions of the date for the award may be made by | ||||||
25 | mutual written consent of the State purchasing officer and the | ||||||
26 | lowest responsible bidder. |
| |||||||
| |||||||
1 | This subsection does not apply to (i) procurements of | ||||||
2 | professional and artistic services, (ii) telecommunications | ||||||
3 | services, communication services, and information services,
| ||||||
4 | and (iii) contracts for construction projects. | ||||||
5 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
6 | (30 ILCS 500/20-25)
| ||||||
7 | Sec. 20-25. Sole source procurements. | ||||||
8 | (a) In accordance with
standards set by rule,
contracts may | ||||||
9 | be awarded without use of the specified
method of source | ||||||
10 | selection when
there is only one economically feasible source | ||||||
11 | for the item. A State contract may not be awarded as a sole | ||||||
12 | source procurement unless approved by the chief procurement | ||||||
13 | officer following a public hearing at which the chief | ||||||
14 | procurement officer and purchasing agency present written | ||||||
15 | justification for the procurement method. The Procurement | ||||||
16 | Policy Board and the public may present testimony. | ||||||
17 | (b) This Section may not be used as a basis for amending a | ||||||
18 | contract for professional or artistic services if the amendment | ||||||
19 | would result in an increase in the amount paid under the | ||||||
20 | contract of more than 5% of the initial award, or would extend | ||||||
21 | the contract term beyond the time reasonably needed for a | ||||||
22 | competitive procurement, not to exceed 2 months. | ||||||
23 | (c) Notice of intent to enter into a sole source contract | ||||||
24 | shall be provided to the Procurement Policy Board and published | ||||||
25 | in the online electronic Bulletin at least 14 days before the |
| |||||||
| |||||||
1 | public hearing required in subsection (a). The notice shall | ||||||
2 | include the sole source procurement justification form | ||||||
3 | prescribed by the Board, a description of the item to be | ||||||
4 | procured, the intended sole source contractor, and the date, | ||||||
5 | time, and location of the public hearing. A copy of the notice | ||||||
6 | and all documents provided at the hearing shall be included in | ||||||
7 | the subsequent Procurement Bulletin. | ||||||
8 | At
least 2 weeks before entering
into a sole source | ||||||
9 | contract, the purchasing agency shall publish
in the Illinois | ||||||
10 | Procurement
Bulletin a notice of intent to do so along with a | ||||||
11 | description of
the item to be procured and the
intended sole | ||||||
12 | source contractor.
| ||||||
13 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
14 | (30 ILCS 500/20-30)
| ||||||
15 | Sec. 20-30. Emergency purchases.
| ||||||
16 | (a) Conditions for use. In accordance with standards set by
| ||||||
17 | rule, a purchasing
agency may make emergency procurements | ||||||
18 | without competitive sealed
bidding or prior notice
when there | ||||||
19 | exists a threat to public health or public safety, or
when | ||||||
20 | immediate expenditure is
necessary for repairs to State | ||||||
21 | property in order to protect
against further loss of or damage | ||||||
22 | to
State property, to prevent or minimize serious disruption in | ||||||
23 | critical State
services that affect health, safety, or | ||||||
24 | collection of substantial State revenues , or to ensure the
| ||||||
25 | integrity of State records ; provided, however, that the term of |
| |||||||
| |||||||
1 | the emergency purchase shall be limited to the time reasonably | ||||||
2 | needed for a competitive procurement, not to exceed 90 days. A | ||||||
3 | contract may be extended beyond 90 days if the chief | ||||||
4 | procurement officer determines additional time is necessary | ||||||
5 | and that the contract scope and duration are limited to the | ||||||
6 | emergency. Prior to execution of the extension, the chief | ||||||
7 | procurement officer must hold a public hearing and provide | ||||||
8 | written justification for all emergency contracts. Members of | ||||||
9 | the public may present testimony . Emergency procurements shall | ||||||
10 | be made
with as much competition
as is practicable under the | ||||||
11 | circumstances.
A written
description of the basis for the | ||||||
12 | emergency and reasons for the
selection of the particular
| ||||||
13 | contractor shall be included in the contract file.
| ||||||
14 | (b) Notice. Notice of all emergency procurements shall be | ||||||
15 | provided to the Procurement Policy Board and published in the | ||||||
16 | online electronic Bulletin no later than 3 business days after | ||||||
17 | the contract is awarded. Notice of intent to extend an | ||||||
18 | emergency contract shall be provided to the Procurement Policy | ||||||
19 | Board and published in the online electronic Bulletin at least | ||||||
20 | 14 days before the public hearing. Notice shall include at | ||||||
21 | least a description of the need for the emergency purchase, the | ||||||
22 | contractor, and if applicable, the date, time, and location of | ||||||
23 | the public hearing. A copy of this notice and all documents | ||||||
24 | provided at the hearing shall be included in the subsequent | ||||||
25 | Procurement Bulletin. Before the next appropriate volume of the | ||||||
26 | Illinois Procurement
Bulletin, the purchasing agency shall |
| |||||||
| |||||||
1 | publish in the
Illinois Procurement Bulletin a copy of each | ||||||
2 | written description
and reasons and the total cost
of each | ||||||
3 | emergency procurement made during the previous month.
When only | ||||||
4 | an estimate of the
total cost is known at the time of | ||||||
5 | publication, the estimate shall
be identified as an estimate | ||||||
6 | and
published. When the actual total cost is determined, it | ||||||
7 | shall
also be published in like manner
before the 10th day of | ||||||
8 | the next succeeding month.
| ||||||
9 | (c) Affidavits. A chief procurement officer purchasing | ||||||
10 | agency making a procurement
under this Section shall file
| ||||||
11 | affidavits with the Procurement Policy Board chief procurement | ||||||
12 | officer and the Auditor General within
10 days
after the | ||||||
13 | procurement setting
forth the amount expended, the name of the | ||||||
14 | contractor involved,
and the conditions and
circumstances | ||||||
15 | requiring the emergency procurement. When only an
estimate of | ||||||
16 | the cost is
available within 10 days after the procurement, the | ||||||
17 | actual cost
shall be reported immediately
after it is | ||||||
18 | determined. At the end of each fiscal quarter, the
Auditor | ||||||
19 | General shall file with the
Legislative Audit Commission and | ||||||
20 | the Governor a complete listing
of all emergency
procurements | ||||||
21 | reported during that fiscal quarter. The Legislative
Audit | ||||||
22 | Commission shall
review the emergency procurements so reported | ||||||
23 | and, in its annual
reports, advise the General
Assembly of | ||||||
24 | procurements that appear to constitute an abuse of
this | ||||||
25 | Section.
| ||||||
26 | (d) Quick purchases. The chief procurement officer may |
| |||||||
| |||||||
1 | promulgate rules
extending the circumstances by which a | ||||||
2 | purchasing agency may make purchases
under this Section, | ||||||
3 | including but not limited to the procurement of items
available | ||||||
4 | at a discount for a limited period of time.
| ||||||
5 | (e) The changes to this Section made by this amendatory Act | ||||||
6 | of the 96th General Assembly apply to procurements executed on | ||||||
7 | or after its effective date.
| ||||||
8 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
9 | (30 ILCS 500/20-43 new)
| ||||||
10 | Sec. 20-43. Bidder or offeror authorized to do business in | ||||||
11 | Illinois. In addition to meeting any other requirement of law | ||||||
12 | or rule, a person (other than an individual acting as a sole | ||||||
13 | proprietor) may qualify as a bidder or offeror under this Code | ||||||
14 | only if the person is a legal entity authorized to do business | ||||||
15 | in Illinois prior to submitting the bid, offer, or proposal.
| ||||||
16 | (30 ILCS 500/20-50)
| ||||||
17 | Sec. 20-50. Specifications. Specifications shall be
| ||||||
18 | prepared in accordance with consistent
standards that are | ||||||
19 | promulgated by the chief procurement officer and reviewed by
| ||||||
20 | the
Board and the Joint Committee on Administrative Rules. | ||||||
21 | Those standards shall
include
a prohibition against the use
of | ||||||
22 | brand-name only products, except for products intended for | ||||||
23 | retail sale or as
specified by rule , and shall include a
| ||||||
24 | restriction on the use of
specifications drafted by a potential |
| |||||||
| |||||||
1 | bidder . All specifications
shall seek to promote overall
| ||||||
2 | economy for the purposes intended and encourage competition in
| ||||||
3 | satisfying the State's needs
and shall not be unduly | ||||||
4 | restrictive.
| ||||||
5 | A solicitation or specification for a contract or a | ||||||
6 | contract, including a
contract but not limited to of a college, | ||||||
7 | university, or institution under the jurisdiction of a
| ||||||
8 | governing board listed in Section 1-15.100, may not require, | ||||||
9 | stipulate,
suggest, or encourage a monetary or other financial | ||||||
10 | contribution or donation , cash bonus or incentive, or economic | ||||||
11 | investment as
an explicit or implied term or condition for | ||||||
12 | awarding or completing the
contract. The contract, | ||||||
13 | solicitation, or specification also may not include
a | ||||||
14 | requirement that an individual or individuals employed by
such
| ||||||
15 | a college,
university, or institution receive a consulting
| ||||||
16 | contract for professional services.
| ||||||
17 | (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff. | ||||||
18 | 8-19-99.)
| ||||||
19 | (30 ILCS 500/20-60)
| ||||||
20 | Sec. 20-60. Duration of contracts.
| ||||||
21 | (a) Maximum duration. A contract , other than a contract | ||||||
22 | entered into pursuant to the State University Certificates of | ||||||
23 | Participation Act, may be entered into for
any period of time | ||||||
24 | deemed
to be in the best interests of the State but not
| ||||||
25 | exceeding 10 years inclusive of proposed contract renewals . The |
| |||||||
| |||||||
1 | length of
a lease for real property or capital improvements | ||||||
2 | shall be in
accordance with the provisions of
Section 40-25. A | ||||||
3 | contract for bond or mortgage insurance awarded by the Illinois | ||||||
4 | Housing Development Authority, however, may be entered into for | ||||||
5 | any period of time less than or equal to the maximum period of | ||||||
6 | time that the subject bond or mortgage may remain outstanding.
| ||||||
7 | (b) Subject to appropriation. All contracts made or entered
| ||||||
8 | into shall recite that they are
subject to termination and | ||||||
9 | cancellation in any year for which the
General Assembly fails | ||||||
10 | to make
an appropriation to make payments under the terms of | ||||||
11 | the contract.
| ||||||
12 | (Source: P.A. 95-344, eff. 8-21-07.)
| ||||||
13 | (30 ILCS 500/20-65)
| ||||||
14 | Sec. 20-65. Right to audit records.
| ||||||
15 | (a) Maintenance of books and records. Every contract and
| ||||||
16 | subcontract shall require the
contractor or subcontractor, as | ||||||
17 | applicable, to maintain books and
records relating to the
| ||||||
18 | performance of the contract or subcontract and necessary to
| ||||||
19 | support amounts charged to the State
under the contract or | ||||||
20 | subcontract. The books and records shall be
maintained by the | ||||||
21 | contractor
for a period of 3 years from the later of the date | ||||||
22 | of final
payment under the contract or
completion of the | ||||||
23 | contract and by the subcontractor for a period
of 3 years from | ||||||
24 | the later of the
date of final payment under the subcontract or | ||||||
25 | completion of the
subcontract. However, the 3-year
period shall |
| |||||||
| |||||||
1 | be extended for the duration of any audit in
progress at the | ||||||
2 | time of that
period's expiration.
| ||||||
3 | (b) Audit. Every contract and subcontract shall provide
| ||||||
4 | that all books and records
required to be maintained under | ||||||
5 | subsection (a) shall be
available for review and audit by
the | ||||||
6 | Auditor General , chief procurement officer, internal auditor, | ||||||
7 | and the purchasing agency. Every contract
and subcontract shall | ||||||
8 | require
the contractor and subcontractor, as applicable, to | ||||||
9 | cooperate
fully with any audit.
| ||||||
10 | (c) Failure
to maintain books and records. Failure to | ||||||
11 | maintain the
books and records required by
this Section shall | ||||||
12 | establish a presumption in favor of the State
for the recovery | ||||||
13 | of any funds paid
by the State for which required books and | ||||||
14 | records are not
available.
| ||||||
15 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
16 | (30 ILCS 500/20-70)
| ||||||
17 | Sec. 20-70. Finality of determinations. Except as | ||||||
18 | otherwise provided in this Code, determinations Determinations
| ||||||
19 | made by a chief procurement officer, State purchasing officer, | ||||||
20 | or a purchasing agency
under this Code are final and conclusive | ||||||
21 | unless they are clearly
erroneous, arbitrary, capricious,
or | ||||||
22 | contrary to law.
| ||||||
23 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
24 | (30 ILCS 500/20-75)
|
| |||||||
| |||||||
1 | Sec. 20-75. Disputes and protests. The chief procurement | ||||||
2 | officers shall
by rule establish procedures to
be followed by | ||||||
3 | purchasing agencies in resolving protested
solicitations and | ||||||
4 | awards and contract
controversies, for debarment or suspension | ||||||
5 | of contractors, and for
resolving other procurement-related | ||||||
6 | disputes.
| ||||||
7 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
8 | (30 ILCS 500/20-80)
| ||||||
9 | Sec. 20-80. Contract files.
| ||||||
10 | (a) Written determinations. All written determinations
| ||||||
11 | required under this Article shall
be placed in the contract | ||||||
12 | file maintained by the chief procurement officer.
| ||||||
13 | (b) Filing with Comptroller. Whenever a grant, defined | ||||||
14 | pursuant to
accounting standards established by the | ||||||
15 | Comptroller, or a contract
liability,
except for:
(1) contracts | ||||||
16 | paid
from personal services, or
(2) contracts between the State | ||||||
17 | and its
employees to defer
compensation in accordance with | ||||||
18 | Article 24 of the Illinois Pension Code,
exceeding $10,000 is | ||||||
19 | incurred by any
State agency, a copy of the contract, purchase | ||||||
20 | order, grant, or
lease shall be filed with the
Comptroller | ||||||
21 | within 15 days thereafter. Any cancellation or
modification to | ||||||
22 | any such contract
liability shall be filed with the Comptroller | ||||||
23 | within 15 days of
its execution.
| ||||||
24 | (c) Late filing affidavit. When a contract, purchase order, | ||||||
25 | grant,
or lease required to be
filed by this Section has not |
| |||||||
| |||||||
1 | been filed within 30 days of
execution, the Comptroller shall | ||||||
2 | refuse
to issue a warrant for payment thereunder until the | ||||||
3 | agency files
with the Comptroller the
contract, purchase order, | ||||||
4 | grant, or lease and an affidavit, signed by the
chief executive | ||||||
5 | officer of the
agency or his or her designee, setting forth an | ||||||
6 | explanation of why
the contract liability was not
filed within | ||||||
7 | 30 days of execution. A copy of this affidavit shall
be filed | ||||||
8 | with the Auditor
General.
| ||||||
9 | (d) Timely execution of Professional and artistic services | ||||||
10 | contracts. No
voucher shall be submitted to the
Comptroller for | ||||||
11 | a warrant to be drawn for the payment of money
from the State | ||||||
12 | treasury or from
other funds held by the State Treasurer on | ||||||
13 | account of any contract
for services involving
professional or | ||||||
14 | artistic skills involving an expenditure of more
than $5,000 | ||||||
15 | for the same type of
service at the same location during any | ||||||
16 | fiscal year unless the
contract is reduced to writing
before | ||||||
17 | the services are performed and filed with the Comptroller. | ||||||
18 | Vendors shall not be paid for any goods that were received or | ||||||
19 | services that were rendered before the contract was reduced to | ||||||
20 | writing and signed by all necessary parties. A chief | ||||||
21 | procurement officer may request an exception to this subsection | ||||||
22 | by submitting a written statement to the Comptroller and | ||||||
23 | Treasurer setting forth the circumstances and reasons why the | ||||||
24 | contract could not be reduced to writing before the supplies | ||||||
25 | were received or services were performed. A waiver of this | ||||||
26 | subsection must be approved by the Comptroller and Treasurer.
|
| |||||||
| |||||||
1 | When a contract for
professional or artistic skills in excess | ||||||
2 | of $5,000 was not
reduced to writing before the services
were | ||||||
3 | performed, the Comptroller shall refuse to issue a warrant
for | ||||||
4 | payment for the services
until the State agency files with the | ||||||
5 | Comptroller:
| ||||||
6 | (1) a written
contract covering the services, and
| ||||||
7 | (2) an affidavit, signed by the chief executive officer | ||||||
8 | of the
State agency or his or her designee,
stating that | ||||||
9 | the services for which payment is being made were
agreed to | ||||||
10 | before commencement
of the services and setting forth an | ||||||
11 | explanation of why the
contract was not reduced to writing
| ||||||
12 | before the services commenced.
| ||||||
13 | A copy of this affidavit shall be
filed with the Auditor | ||||||
14 | General. This Section shall not apply to emergency purchases if | ||||||
15 | notice of the emergency purchase is filed with the Procurement | ||||||
16 | Policy Board and published in the Bulletin as required by this | ||||||
17 | Code.
The Comptroller shall maintain professional or artistic | ||||||
18 | service
contracts filed under this Section
separately from | ||||||
19 | other filed contracts.
| ||||||
20 | (e) Method of source selection. When a contract is filed
| ||||||
21 | with the Comptroller under this
Section, the Comptroller's file | ||||||
22 | shall identify the method of
source selection used in obtaining | ||||||
23 | the
contract.
| ||||||
24 | (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff. | ||||||
25 | 7-6-00.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-120 new) | ||||||
2 | Sec. 20-120. Subcontractors. | ||||||
3 | (a) Any contract granted under this Code shall state | ||||||
4 | whether the services of a subcontractor will or may be used. To | ||||||
5 | the extent that the information is known, the contract shall | ||||||
6 | include the names and addresses of all subcontractors and the | ||||||
7 | expected amount of money each will receive under the contract. | ||||||
8 | The contractor shall provide the chief procurement officer or | ||||||
9 | State purchasing officer a copy of any subcontract so | ||||||
10 | identified within 20 days after the execution of the State | ||||||
11 | contract or after execution of the subcontract, whichever is | ||||||
12 | later. | ||||||
13 | (b) If at any time during the term of a contract, a | ||||||
14 | contractor adds or changes any subcontractors, he or she shall | ||||||
15 | promptly notify, in writing, the chief procurement officer, | ||||||
16 | State purchasing officer, or their designee of the names and | ||||||
17 | addresses and the expected amount of money each new or replaced | ||||||
18 | subcontractor will receive. The contractor shall provide to the | ||||||
19 | responsible chief procurement officer a copy of the subcontract | ||||||
20 | within 20 days after the execution of the subcontract. | ||||||
21 | (c) In addition to any other requirements of this Code, a | ||||||
22 | subcontract subject to this Section must include all of the | ||||||
23 | subcontractor's certifications required by Article 50 of the | ||||||
24 | Code. | ||||||
25 | (d) This Section applies to procurements executed on or | ||||||
26 | after the effective date of this amendatory Act of the 96th |
| |||||||
| |||||||
1 | General Assembly.
| ||||||
2 | (30 ILCS 500/20-155) | ||||||
3 | Sec. 20-155. Solicitation and contract documents. | ||||||
4 | (a) After award of a contract and subject to provisions of | ||||||
5 | the Freedom of Information Act, the procuring agency shall make | ||||||
6 | available for public inspection and copying all pre-award, | ||||||
7 | post-award, administration, and close-out documents relating | ||||||
8 | to that particular contract.
| ||||||
9 | (b) A procurement file shall be maintained for all | ||||||
10 | contracts, regardless of the method of procurement. The | ||||||
11 | procurement file shall contain the basis on which the award is | ||||||
12 | made, all submitted bids and proposals, all evaluation | ||||||
13 | materials, score sheets and all other documentation related to | ||||||
14 | or prepared in conjunction with evaluation, negotiation, and | ||||||
15 | the award process. The procurement file shall contain a written | ||||||
16 | determination, signed by the chief procurement officer or State | ||||||
17 | purchasing officer, setting forth the reasoning for the | ||||||
18 | contract award decision. The procurement file shall be open to | ||||||
19 | public inspection within 7 business days following award of the | ||||||
20 | contract. | ||||||
21 | (Source: P.A. 94-978, eff. 6-30-06.) | ||||||
22 | (30 ILCS 500/20-160)
| ||||||
23 | Sec. 20-160. Business entities; certification; | ||||||
24 | registration with the State Board of Elections.
|
| |||||||
| |||||||
1 | (a) For purposes of this Section, the terms "business | ||||||
2 | entity", "contract", "State contract", "contract with a State | ||||||
3 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
4 | person" have the meanings ascribed to those terms in Section | ||||||
5 | 50-37. | ||||||
6 | (b) Every bid submitted to and every contract executed by | ||||||
7 | the State on or after the effective date of this amendatory Act | ||||||
8 | of the 95th General Assembly shall contain (1) a certification | ||||||
9 | by the bidder or contractor that either (i) the bidder or | ||||||
10 | contractor is not required to register as a business entity | ||||||
11 | with the State Board of Elections pursuant to this Section or | ||||||
12 | (ii) the bidder or contractor has registered as a business | ||||||
13 | entity with the State Board of Elections and acknowledges a | ||||||
14 | continuing duty to update the registration and (2) a statement | ||||||
15 | that the contract is voidable under Section 50-60 for the | ||||||
16 | bidder's or contractor's failure to comply with this Section. | ||||||
17 | (c) Within 30 days after the effective date of this | ||||||
18 | amendatory Act of the 95th General Assembly, each business | ||||||
19 | entity (i) whose aggregate bids and proposals on State | ||||||
20 | contracts annually total more than $50,000, (ii) whose | ||||||
21 | aggregate bids and proposals on State contracts combined with | ||||||
22 | the business entity's aggregate annual total value of State | ||||||
23 | contracts exceed $50,000, or (iii) whose contracts with State | ||||||
24 | agencies, in the aggregate, annually total more than $50,000 | ||||||
25 | shall register with the State Board of Elections in accordance | ||||||
26 | with Section 9-35 of the Election Code. A business entity |
| |||||||
| |||||||
1 | required to register under this subsection shall submit a copy | ||||||
2 | of the certificate of registration to the applicable chief | ||||||
3 | procurement officer within 90 days after the effective date of | ||||||
4 | this amendatory Act of the 95th General Assembly. A business | ||||||
5 | entity required to register under this subsection due to item | ||||||
6 | (i) or (ii) has a continuing duty to ensure that the | ||||||
7 | registration is accurate during the period beginning on the | ||||||
8 | date of registration and ending on the day after the date the | ||||||
9 | contract is awarded; any change in information must be reported | ||||||
10 | to the State Board of Elections 5 business days following such | ||||||
11 | change or no later than a day before the contract is awarded, | ||||||
12 | whichever date is earlier within 2 business days following such | ||||||
13 | change . A business entity required to register under this | ||||||
14 | subsection due to item (iii) has a continuing duty to report | ||||||
15 | any changes in information to the State Board of Elections on | ||||||
16 | the final day of January, April, July, and October of each | ||||||
17 | year, or the first business day after such dates, if such dates | ||||||
18 | do not fall on a business day ensure that the registration is | ||||||
19 | accurate in accordance with subsection (f) . | ||||||
20 | (d) Any business entity, not required under subsection (c) | ||||||
21 | to register within 30 days after the effective date of this | ||||||
22 | amendatory Act of the 95th General Assembly, whose aggregate | ||||||
23 | bids and proposals on State contracts annually total more than | ||||||
24 | $50,000, or whose aggregate bids and proposals on State | ||||||
25 | contracts combined with the business entity's aggregate annual | ||||||
26 | total value of State contracts exceed $50,000, shall register |
| |||||||
| |||||||
1 | with the State Board of Elections in accordance with Section | ||||||
2 | 9-35 of the Election Code prior to submitting to a State agency | ||||||
3 | the bid or proposal whose value causes the business entity to | ||||||
4 | fall within the monetary description of this subsection. A | ||||||
5 | business entity required to register under this subsection has | ||||||
6 | a continuing duty to ensure that the registration is accurate | ||||||
7 | during the period beginning on the date of registration and | ||||||
8 | ending on the day after the date the contract is awarded. Any | ||||||
9 | change in information must be reported to the State Board of | ||||||
10 | Elections within 5 business days following such change or no | ||||||
11 | later than a day before the contract is awarded, whichever date | ||||||
12 | is earlier 2 business days following such change . | ||||||
13 | (e) A business entity whose contracts with State agencies, | ||||||
14 | in the aggregate, annually total more than $50,000 must | ||||||
15 | maintain its registration under this Section and has a | ||||||
16 | continuing duty to ensure that the registration is accurate for | ||||||
17 | the duration of the term of office of the incumbent | ||||||
18 | officeholder awarding the contracts or for a period of 2 years | ||||||
19 | following the expiration or termination of the contracts, | ||||||
20 | whichever is longer. Any change in information shall be | ||||||
21 | reported to the State Board of Elections on the final day of | ||||||
22 | January, April, July, and October of each year, or the first | ||||||
23 | business day after such dates, if such dates do not fall on a | ||||||
24 | business day. If within 10 days following such change; however, | ||||||
25 | if a business entity required to register under this subsection | ||||||
26 | has a pending bid or proposal, any change in information shall |
| |||||||
| |||||||
1 | be reported to the State Board of Elections within 5 business | ||||||
2 | days following such change or no later than a day before the | ||||||
3 | contract is awarded, whichever date is earlier 2 business days . | ||||||
4 | (f) A business entity's continuing duty under this Section | ||||||
5 | to ensure the accuracy of its registration includes the | ||||||
6 | requirement that the business entity notify the State Board of | ||||||
7 | Elections of any change in information, including but not | ||||||
8 | limited to changes of affiliated entities or affiliated | ||||||
9 | persons. | ||||||
10 | (g) A copy of a certificate of registration must accompany | ||||||
11 | any bid or proposal for a contract with a State agency by a | ||||||
12 | business entity required to register under this Section. A | ||||||
13 | chief procurement officer shall not accept a bid or proposal | ||||||
14 | unless the certificate is submitted to the agency with the bid | ||||||
15 | or proposal. | ||||||
16 | (h) A registration, and any changes to a registration, must | ||||||
17 | include the business entity's verification of accuracy and | ||||||
18 | subjects the business entity to the penalties of the laws of | ||||||
19 | this State for perjury. | ||||||
20 | In addition to any penalty under Section 9-35 of the | ||||||
21 | Election Code, intentional, willful, or material failure to | ||||||
22 | disclose information required for registration shall render | ||||||
23 | the contract, bid, proposal, or other procurement relationship | ||||||
24 | voidable by the chief procurement officer if he or she deems it | ||||||
25 | to be in the best interest of the State of Illinois. | ||||||
26 | (i) This Section applies regardless of the method of source |
| |||||||
| |||||||
1 | selection used in awarding the contract.
| ||||||
2 | (Source: P.A. 95-971, eff. 1-1-09.)
| ||||||
3 | (30 ILCS 500/40-25)
| ||||||
4 | Sec. 40-25. Length of leases.
| ||||||
5 | (a) Maximum term. Leases shall be for a term not to exceed
| ||||||
6 | 10 years inclusive of proposed contract renewals and shall | ||||||
7 | include
a termination option in favor of the State after 5 | ||||||
8 | years.
| ||||||
9 | (b) Renewal. Leases may include a renewal option. An
option | ||||||
10 | to renew may be
exercised only when a State purchasing officer | ||||||
11 | determines in
writing that renewal is in the best
interest of | ||||||
12 | the State and notice of the exercise of the option is published | ||||||
13 | in
the appropriate volume of the Procurement Bulletin at least | ||||||
14 | 60 days prior to
the exercise of the option.
| ||||||
15 | (c) Subject to appropriation. All leases shall recite that
| ||||||
16 | they are subject to termination
and cancellation in any year | ||||||
17 | for which the General Assembly fails
to make an appropriation | ||||||
18 | to
make payments under the terms of the lease.
| ||||||
19 | (d) Holdover. Beginning January 1, 2010, no lease may | ||||||
20 | continue on a month-to-month or other holdover basis for a | ||||||
21 | total of more than 6 months. Beginning July 1, 2010, the | ||||||
22 | Comptroller shall withhold payment of leases beyond this | ||||||
23 | holdover period.
| ||||||
24 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-2 new) | ||||||
2 | Sec. 50-2. Continuing disclosure; false certification. | ||||||
3 | Every person that has entered into a multi-year contract and | ||||||
4 | every subcontractor with a multi-year subcontract shall | ||||||
5 | certify, by July 1 of each fiscal year covered by the contract | ||||||
6 | after the initial fiscal year, to the responsible chief | ||||||
7 | procurement officer whether it continues to satisfy the | ||||||
8 | requirements of this Article pertaining to eligibility for a | ||||||
9 | contract award. If a contractor or subcontractor is not able to | ||||||
10 | truthfully certify that it continues to meet all requirements, | ||||||
11 | it shall provide with its certification a detailed explanation | ||||||
12 | of the circumstances leading to the change in certification | ||||||
13 | status. A contractor or subcontractor that makes a false | ||||||
14 | statement material to any given certification required under | ||||||
15 | this Article is, in addition to any other penalties or | ||||||
16 | consequences prescribed by law, subject to liability under the | ||||||
17 | Whistleblower Reward and Protection Act for submission of a | ||||||
18 | false claim.
| ||||||
19 | (30 ILCS 500/50-5)
| ||||||
20 | Sec. 50-5. Bribery.
| ||||||
21 | (a) Prohibition. No person or business shall be awarded a
| ||||||
22 | contract or subcontract under
this Code who:
| ||||||
23 | (1) has been convicted under the laws of Illinois or
| ||||||
24 | any other state of bribery
or attempting to bribe an | ||||||
25 | officer or employee of the State of
Illinois or any other |
| |||||||
| |||||||
1 | state in that
officer's or employee's official capacity; or
| ||||||
2 | (2) has made an admission of guilt of that conduct that
| ||||||
3 | is a matter of record but
has not been prosecuted for that | ||||||
4 | conduct.
| ||||||
5 | (b) Businesses. No business shall be barred from
| ||||||
6 | contracting with any unit of State or
local government , or | ||||||
7 | subcontracting under such a contract, as a result of a | ||||||
8 | conviction under this Section of
any employee or agent of the
| ||||||
9 | business if the employee or agent is no longer employed by the
| ||||||
10 | business and:
| ||||||
11 | (1) the business has been finally adjudicated not
| ||||||
12 | guilty; or
| ||||||
13 | (2) the business demonstrates to the governmental
| ||||||
14 | entity with which it seeks to
contract or which is a | ||||||
15 | signatory to the contract to which the subcontract relates , | ||||||
16 | and that entity finds that the commission of the offense
| ||||||
17 | was not authorized, requested,
commanded, or performed by a | ||||||
18 | director, officer, or high managerial
agent on behalf of | ||||||
19 | the
business as provided in paragraph (2) of subsection (a) | ||||||
20 | of Section
5-4 of the Criminal Code of
1961.
| ||||||
21 | (c) Conduct on behalf of business. For purposes of this
| ||||||
22 | Section, when an official, agent,
or employee of a business | ||||||
23 | committed the bribery or attempted
bribery on behalf of the | ||||||
24 | business
and in accordance with the direction or authorization | ||||||
25 | of a responsible
official of the business, the
business shall | ||||||
26 | be chargeable with the conduct.
|
| |||||||
| |||||||
1 | (d) Certification. Every bid submitted to and contract
| ||||||
2 | executed by the State and every subcontract subject to Section | ||||||
3 | 20-120 of this Code shall
contain a certification by the | ||||||
4 | contractor or the subcontractor, respectively, that the | ||||||
5 | contractor or subcontractor is
not barred from being awarded a
| ||||||
6 | contract or subcontract under this Section and acknowledges | ||||||
7 | that the chief procurement officer may declare the related | ||||||
8 | contract void if any certifications required by this Section | ||||||
9 | are false . A contractor who
makes a false statement, material
| ||||||
10 | to the certification, commits a Class 3 felony.
| ||||||
11 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
12 | (30 ILCS 500/50-10)
| ||||||
13 | Sec. 50-10. Felons. | ||||||
14 | (a) Unless otherwise provided, no person
or business | ||||||
15 | convicted of
a felony shall do business with the State of | ||||||
16 | Illinois or any State
agency , or enter into a subcontract, from | ||||||
17 | the date of
conviction until 5 years after the date of | ||||||
18 | completion of the
sentence for that felony, unless no
person | ||||||
19 | held responsible by a prosecutorial office for the facts
upon | ||||||
20 | which the conviction was
based continues to have any | ||||||
21 | involvement with the business.
| ||||||
22 | (b) Every bid submitted to and contract executed by the | ||||||
23 | State and every subcontract subject to Section 20-120 of this | ||||||
24 | Code shall contain a certification by the bidder or contractor | ||||||
25 | or subcontractor, respectively, that the bidder, contractor, |
| |||||||
| |||||||
1 | or subcontractor is not barred from being awarded a contract or | ||||||
2 | subcontract under this Section and acknowledges that the chief | ||||||
3 | procurement officer may declare the related contract void if | ||||||
4 | any of the certifications required by this Section are false. | ||||||
5 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
6 | (30 ILCS 500/50-10.5)
| ||||||
7 | Sec. 50-10.5. Prohibited bidders and contractors.
| ||||||
8 | (a) Unless otherwise provided, no business shall bid or | ||||||
9 | enter into a
contract or subcontract under this Code with the | ||||||
10 | State of Illinois or any State agency if the business or any
| ||||||
11 | officer, director, partner, or other managerial agent of the | ||||||
12 | business has been
convicted of a felony under the | ||||||
13 | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||||||
14 | the Illinois Securities Law of 1953 for a
period of 5 years | ||||||
15 | from
the date of conviction.
| ||||||
16 | (b) Every bid submitted to and contract executed by the | ||||||
17 | State and every subcontract subject to Section 20-120 of this | ||||||
18 | Code shall contain
a certification by the bidder , or | ||||||
19 | contractor , or subcontractor, respectively, that the bidder, | ||||||
20 | contractor , or subcontractor is not barred
from being awarded a | ||||||
21 | contract or subcontract under this Section and that the | ||||||
22 | contractor
acknowledges that the chief procurement officer | ||||||
23 | contracting State agency shall declare the related contract | ||||||
24 | void
if any of
the certifications certification completed | ||||||
25 | pursuant to this subsection (b) are is false.
|
| |||||||
| |||||||
1 | (c) If a business is not a natural person, the prohibition | ||||||
2 | in subsection (a)
applies only if:
| ||||||
3 | (1) the business itself is convicted of a felony | ||||||
4 | referenced in subsection
(a); or
| ||||||
5 | (2) the business is ordered to pay punitive damages | ||||||
6 | based on the
conduct
of any officer, director, partner, or | ||||||
7 | other managerial agent who has been
convicted of a felony | ||||||
8 | referenced in subsection (a).
| ||||||
9 | (d) A natural person who is convicted of a felony | ||||||
10 | referenced in subsection
(a) remains subject to Section 50-10.
| ||||||
11 | (e) No person or business shall bid or enter into a | ||||||
12 | contract under this Code if the person or business: | ||||||
13 | (1) assisted the State of Illinois or a State agency in | ||||||
14 | determining whether there is a need for a contract except | ||||||
15 | as part of a response to a publicly issued request for | ||||||
16 | information; or | ||||||
17 | (2) assisted the State of Illinois or a State agency by | ||||||
18 | reviewing, drafting, or preparing a request for proposals | ||||||
19 | or request for information or provided similar assistance. | ||||||
20 | For purposes of this subsection (e), "business" includes | ||||||
21 | all individuals with whom a business is affiliated, including, | ||||||
22 | but not limited to, any officer, agent, employee, consultant, | ||||||
23 | independent contractor, director, partner, manager, or | ||||||
24 | shareholder of a business. | ||||||
25 | (Source: P.A. 93-600, eff. 1-1-04.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-11)
| ||||||
2 | Sec. 50-11. Debt delinquency.
| ||||||
3 | (a) No person shall submit a bid for or enter into a | ||||||
4 | contract or subcontract with a State
agency under this Code if | ||||||
5 | that person knows or should know that he or she or
any | ||||||
6 | affiliate is
delinquent in the payment of any debt to the | ||||||
7 | State, unless the person or
affiliate has
entered into a | ||||||
8 | deferred payment plan to pay off the debt. For purposes of this
| ||||||
9 | Section, the phrase "delinquent in the payment of any debt" | ||||||
10 | shall be determined
by the Debt Collection Board.
For purposes | ||||||
11 | of this Section, the term "affiliate" means any entity that (1)
| ||||||
12 | directly,
indirectly, or constructively controls another | ||||||
13 | entity, (2) is directly,
indirectly, or
constructively | ||||||
14 | controlled by another entity, or (3) is subject to the control
| ||||||
15 | of
a common
entity. For purposes of this subsection (a), a | ||||||
16 | person controls an entity if the
person owns,
directly or | ||||||
17 | individually, more than 10% of the voting securities of that
| ||||||
18 | entity.
As used in
this subsection (a), the term "voting | ||||||
19 | security" means a security that (1)
confers upon the
holder the | ||||||
20 | right to vote for the election of members of the board of | ||||||
21 | directors
or similar
governing body of the business or (2) is | ||||||
22 | convertible into, or entitles the
holder to receive
upon its | ||||||
23 | exercise, a security that confers such a right to vote. A | ||||||
24 | general
partnership
interest is a voting security.
| ||||||
25 | (b) Every bid submitted to and contract executed by the | ||||||
26 | State and every subcontract subject to Section 20-120 of this |
| |||||||
| |||||||
1 | Code shall contain
a certification by the bidder , or | ||||||
2 | contractor , or subcontractor, respectively, that the | ||||||
3 | contractor or the subcontractor and its
affiliate is not barred
| ||||||
4 | from being awarded a contract or subcontract under this Section | ||||||
5 | and that the contractor
acknowledges that the chief procurement | ||||||
6 | officer contracting State agency may declare the related | ||||||
7 | contract void if
any of the certifications certification | ||||||
8 | completed pursuant to this subsection (b) are is false.
| ||||||
9 | (Source: P.A. 92-404, eff. 7-1-02; 93-25, eff. 6-20-03.)
| ||||||
10 | (30 ILCS 500/50-12)
| ||||||
11 | Sec. 50-12. Collection and remittance of Illinois Use Tax.
| ||||||
12 | (a) No person shall enter into a contract with a State | ||||||
13 | agency or enter into a subcontract under this
Code
unless the | ||||||
14 | person and all affiliates of the person collect and remit | ||||||
15 | Illinois
Use Tax on all
sales of tangible personal property | ||||||
16 | into the State of Illinois in accordance
with the
provisions of | ||||||
17 | the Illinois Use Tax Act regardless of whether the person or
| ||||||
18 | affiliate is a
"retailer maintaining a place of business within | ||||||
19 | this State" as defined in
Section 2 of the
Use Tax Act. For | ||||||
20 | purposes of this Section, the term "affiliate" means any
entity | ||||||
21 | that (1)
directly, indirectly, or constructively controls | ||||||
22 | another entity, (2) is
directly, indirectly, or
constructively | ||||||
23 | controlled by another entity, or (3) is subject to the control | ||||||
24 | of
a common
entity. For purposes of this subsection (a), an | ||||||
25 | entity controls another entity
if it owns,
directly or |
| |||||||
| |||||||
1 | individually, more than 10% of the voting securities of that | ||||||
2 | entity.
As used in
this subsection (a), the term "voting | ||||||
3 | security" means a security that (1)
confers upon the
holder the | ||||||
4 | right to vote for the election of members of the board of | ||||||
5 | directors
or similar
governing body of the business or (2) is | ||||||
6 | convertible into, or entitles the
holder to receive
upon its | ||||||
7 | exercise, a security that confers such a right to vote. A | ||||||
8 | general
partnership
interest is a voting security.
| ||||||
9 | (b) Every bid submitted and contract executed by the State | ||||||
10 | and every subcontract subject to Section 20-120 of this Code | ||||||
11 | shall contain
a
certification by the bidder , or contractor , or | ||||||
12 | subcontractor, respectively, that the bidder , or contractor , | ||||||
13 | or subcontractor is not
barred from
bidding for or entering | ||||||
14 | into a contract under subsection (a) of this Section
and
that | ||||||
15 | the
bidder or contractor acknowledges that the chief | ||||||
16 | procurement officer contracting State agency may declare
the
| ||||||
17 | related contract void if any of the certifications | ||||||
18 | certification completed pursuant to this subsection (b) are is
| ||||||
19 | false.
| ||||||
20 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
21 | (30 ILCS 500/50-14)
| ||||||
22 | Sec. 50-14. Environmental Protection Act violations.
| ||||||
23 | (a) Unless otherwise provided, no person or business found | ||||||
24 | by a court or
the Pollution Control Board to have committed a | ||||||
25 | willful or knowing violation of
the Environmental Protection |
| |||||||
| |||||||
1 | Act shall do business with the State
of Illinois or any State | ||||||
2 | agency or enter into a subcontract that is subject to this Code | ||||||
3 | from the date of the order containing the
finding of violation | ||||||
4 | until 5 years after that date, unless the person or
business | ||||||
5 | can show that no person involved in the violation continues to | ||||||
6 | have
any involvement with the business.
| ||||||
7 | (b) A person or business otherwise barred from doing | ||||||
8 | business with the
State of Illinois or any State agency or | ||||||
9 | subcontracting under this Code by subsection (a) may be allowed | ||||||
10 | to do
business with the State of Illinois or any State agency | ||||||
11 | if it is shown that
there is no practicable alternative to the | ||||||
12 | State to contracting with that
person or business.
| ||||||
13 | (c) Every bid submitted to and contract executed by the | ||||||
14 | State and every subcontract subject to Section 20-120 of this | ||||||
15 | Code shall contain
a certification by the bidder , or | ||||||
16 | contractor , or subcontractor, respectively, that the bidder , | ||||||
17 | or contractor , or subcontractor is
not barred from being | ||||||
18 | awarded a contract or subcontract under this Section and that | ||||||
19 | the
contractor acknowledges that the contracting State agency | ||||||
20 | may declare the related
contract void if any of the | ||||||
21 | certifications certification completed pursuant to this | ||||||
22 | subsection (c) are is
false.
| ||||||
23 | (Source: P.A. 93-575, eff. 1-1-04; 93-826, eff. 7-28-04.)
| ||||||
24 | (30 ILCS 500/50-14.5)
| ||||||
25 | Sec. 50-14.5. Lead Poisoning Prevention Act violations. |
| |||||||
| |||||||
1 | Owners of residential buildings who have committed a willful or | ||||||
2 | knowing violation of the Lead Poisoning Prevention Act are | ||||||
3 | prohibited from doing business with the State of Illinois or | ||||||
4 | any State agency , or subcontracting under this Code, until the | ||||||
5 | violation is mitigated.
| ||||||
6 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
7 | (30 ILCS 500/50-20)
| ||||||
8 | Sec. 50-20. Exemptions. The With the approval of the | ||||||
9 | appropriate chief
procurement officer involved, the Governor, | ||||||
10 | or an executive ethics board or
commission he or she | ||||||
11 | designates, may file a request with the Executive Ethics | ||||||
12 | Commission to exempt named individuals from the
prohibitions of
| ||||||
13 | Section 50-13 when, in his or , her , or its judgment, the public | ||||||
14 | interest in
having
the
individual in the service of the State | ||||||
15 | outweighs the public policy evidenced in
that Section. The | ||||||
16 | Executive Ethics Commission may grant an exemption after a | ||||||
17 | public hearing at which any person may present testimony. The | ||||||
18 | chief procurement officer shall publish notice of the date, | ||||||
19 | time, and location of the hearing in the online electronic | ||||||
20 | Bulletin at least 14 days prior to the hearing and provide | ||||||
21 | notice to the individual subject to the waiver and the | ||||||
22 | Procurement Policy Board. The Executive Ethics Commission | ||||||
23 | shall also provide public notice of the date, time, and | ||||||
24 | location of the hearing on its website. If the Commission | ||||||
25 | grants an exemption, the An exemption is effective only if when |
| |||||||
| |||||||
1 | it is filed with the
Secretary of State and the Comptroller | ||||||
2 | prior to the execution of any contract and includes a statement | ||||||
3 | setting forth
the name of the individual and all the pertinent | ||||||
4 | facts that would make that
Section applicable, setting forth | ||||||
5 | the reason for the exemption, and declaring
the individual | ||||||
6 | exempted from that Section.
Notice of each exemption shall be | ||||||
7 | published in the Illinois Procurement
Bulletin. A contract for | ||||||
8 | which a waiver has been issued but has not been filed in | ||||||
9 | accordance with this Section is voidable by the State. The | ||||||
10 | changes to this Section made by this amendatory Act of the 96th | ||||||
11 | General Assembly shall apply to exemptions granted on or after | ||||||
12 | its effective date.
| ||||||
13 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
14 | (30 ILCS 500/50-21 new) | ||||||
15 | Sec. 50-21. Bond issuances. | ||||||
16 | (a) A State agency shall not enter into a contract with | ||||||
17 | respect to the issuance of bonds or other securities by the | ||||||
18 | State or a State agency with any entity that uses an | ||||||
19 | independent consultant. | ||||||
20 | As used in this subsection, "independent consultant" means | ||||||
21 | a person used by the entity to obtain or retain securities | ||||||
22 | business through direct or indirect communication by the person | ||||||
23 | with a State official or employee on behalf of the entity when | ||||||
24 | the communication is undertaken by the person in exchange for | ||||||
25 | or with the understanding of receiving payment from the entity |
| |||||||
| |||||||
1 | or another person. "Independent consultant" does not include | ||||||
2 | (i) a finance professional employed by the entity or (ii) a | ||||||
3 | person whose sole basis of compensation from the entity is the | ||||||
4 | actual provision of legal, accounting, or engineering advice, | ||||||
5 | services, or assistance in connection with the securities | ||||||
6 | business that the entity seeks to obtain or retain. | ||||||
7 | (b) Prior to entering into a contract with a State agency | ||||||
8 | with respect to the issuance of bonds or other securities by | ||||||
9 | the State or a State agency, a contracting party subject to the | ||||||
10 | Municipal Securities Rulemaking Board's Rule G-37, or a | ||||||
11 | successor rule, shall include a certification that the | ||||||
12 | contracting entity is and shall remain for the duration of the | ||||||
13 | contract in compliance with the Rule's requirements for | ||||||
14 | reporting political contributions. Subsequent failure to | ||||||
15 | remain in compliance shall make the contract voidable by the | ||||||
16 | State. | ||||||
17 | (c) If a federal agency finds that an entity has knowingly | ||||||
18 | violated in Illinois the Municipal Securities Rulemaking | ||||||
19 | Board's Rule G-37 (or any successor rule) with respect to the | ||||||
20 | making of prohibited political contributions or payments, then | ||||||
21 | the chief procurement officer shall impose a penalty that is at | ||||||
22 | least twice the fine assessed against that entity by the | ||||||
23 | federal agency. The chief procurement officer shall also bar | ||||||
24 | that entity from participating in any State agency contract | ||||||
25 | with respect to the issuance of bonds or other securities for a | ||||||
26 | period of one year. The one-year period shall begin upon the |
| |||||||
| |||||||
1 | expiration of any debarment period imposed by a federal agency. | ||||||
2 | If no debarment is imposed by a federal agency, then the | ||||||
3 | one-year period shall begin on the date the chief procurement | ||||||
4 | officer is advised of the violation. | ||||||
5 | If a federal agency finds that an entity has knowingly | ||||||
6 | violated in Illinois the Municipal Securities Rulemaking | ||||||
7 | Board's Rule G-38 (or any successor rule) with respect to the | ||||||
8 | prohibition on obtaining or retaining municipal securities | ||||||
9 | business, then the chief procurement officer shall bar that | ||||||
10 | entity from participating in any State agency contract with | ||||||
11 | respect to the issuance of bonds or other securities for a | ||||||
12 | period of one year. The one-year period shall begin upon the | ||||||
13 | expiration of any debarment period imposed by a federal agency. | ||||||
14 | If no debarment is imposed by a federal agency, then the | ||||||
15 | one-year period shall begin on the date the chief procurement | ||||||
16 | officer is advised of the violation.
| ||||||
17 | (d) Nothing in this Section shall be construed to apply | ||||||
18 | retroactively, but shall apply prospectively on and after the | ||||||
19 | effective date of this amendatory Act of the 96th General | ||||||
20 | Assembly. | ||||||
21 | (30 ILCS 500/50-30)
| ||||||
22 | Sec. 50-30. Revolving door prohibition.
| ||||||
23 | (a) Chief procurement officers, associate procurement | ||||||
24 | officers, State
purchasing
officers, procurement compliance | ||||||
25 | monitors, their designees whose principal duties are directly |
| |||||||
| |||||||
1 | related to State
procurement, and executive officers confirmed | ||||||
2 | by the Senate are expressly
prohibited for a period of 2 years | ||||||
3 | after terminating an affected position from
engaging in any | ||||||
4 | procurement activity relating to the State agency most recently
| ||||||
5 | employing them in an affected position for a period of at least | ||||||
6 | 6 months. The
prohibition includes but is not limited to: | ||||||
7 | lobbying the procurement process;
specifying; bidding; | ||||||
8 | proposing bid, proposal, or contract documents; on their
own | ||||||
9 | behalf or on behalf of any firm, partnership, association, or | ||||||
10 | corporation.
This subsection applies only to persons who | ||||||
11 | terminate an
affected position on or
after January 15, 1999.
| ||||||
12 | (b) In addition to any other
provisions of this Code, | ||||||
13 | employment of former State employees is subject to the
State | ||||||
14 | Officials and Employees Ethics Act.
| ||||||
15 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
16 | (30 ILCS 500/50-35)
| ||||||
17 | Sec. 50-35. Financial disclosure Disclosure and potential | ||||||
18 | conflicts of interest.
| ||||||
19 | (a) All offers from responsive bidders or offerors with an | ||||||
20 | annual value of
more than $10,000 , and all subcontracts, copies | ||||||
21 | of which must be provided by Section 20-120 of this Code, shall | ||||||
22 | be accompanied by disclosure of the financial
interests of the | ||||||
23 | contractor, bidder, or proposer and each subcontractor to be | ||||||
24 | used . The financial disclosure of
each successful bidder or | ||||||
25 | offeror and its subcontractors shall be incorporated as a |
| |||||||
| |||||||
1 | material term of the contract and shall become
part of the | ||||||
2 | publicly available contract or procurement file
maintained by | ||||||
3 | the appropriate chief procurement officer. Each disclosure | ||||||
4 | under this Section and Section 50-34 shall be signed and made | ||||||
5 | under penalty of perjury by an authorized officer or employee | ||||||
6 | on behalf of the bidder or offeror, and must be filed with the | ||||||
7 | Procurement Policy Board.
| ||||||
8 | (b) Disclosure by the responsive bidders or offerors shall | ||||||
9 | include any
ownership or distributive income share that is in | ||||||
10 | excess of 5%, or an amount
greater than 60% of the annual | ||||||
11 | salary of the Governor, of the disclosing bidding entity
or its | ||||||
12 | parent entity, whichever is less, unless the contractor , or | ||||||
13 | bidder , or subcontractor
(i) is a
publicly traded entity | ||||||
14 | subject to Federal 10K reporting, in which case it may
submit | ||||||
15 | its 10K
disclosure in place of the prescribed disclosure, or | ||||||
16 | (ii) is a privately held
entity that is exempt from Federal 10k | ||||||
17 | reporting but has more than 400
shareholders, in which case it | ||||||
18 | may submit the information that Federal 10k
reporting companies | ||||||
19 | are required to report under 17 CFR 229.401 and list the
names | ||||||
20 | of any person or entity holding any ownership share that is in | ||||||
21 | excess of
5% in place of the prescribed disclosure. The form of | ||||||
22 | disclosure shall
be prescribed by the applicable chief | ||||||
23 | procurement officer and must include at
least the names,
| ||||||
24 | addresses, and dollar or proportionate share of ownership of | ||||||
25 | each person
identified in this Section, their instrument of | ||||||
26 | ownership or beneficial
relationship, and notice of any |
| |||||||
| |||||||
1 | potential conflict of interest resulting from
the current | ||||||
2 | ownership or beneficial relationship of each person identified | ||||||
3 | in
this Section having in addition any of the following | ||||||
4 | relationships:
| ||||||
5 | (1) State employment, currently or in the previous 3 | ||||||
6 | years, including
contractual employment of services.
| ||||||
7 | (2) State employment of spouse, father, mother, son, or | ||||||
8 | daughter,
including
contractual employment for services in | ||||||
9 | the previous 2 years.
| ||||||
10 | (3) Elective status; the holding of elective office of | ||||||
11 | the State of
Illinois, the government of the United States, | ||||||
12 | any unit of local government
authorized by the Constitution | ||||||
13 | of the State of Illinois or the statutes of the
State of | ||||||
14 | Illinois currently or in the previous 3 years.
| ||||||
15 | (4) Relationship to anyone holding elective office | ||||||
16 | currently or in the
previous 2 years; spouse, father, | ||||||
17 | mother, son, or daughter.
| ||||||
18 | (5) Appointive office; the holding of any appointive | ||||||
19 | government office of
the State of Illinois, the United | ||||||
20 | States of America, or any unit of local
government | ||||||
21 | authorized by the Constitution of the State of Illinois or | ||||||
22 | the
statutes of the State of Illinois, which office | ||||||
23 | entitles the holder to
compensation in excess of expenses | ||||||
24 | incurred in the discharge of that office
currently or in | ||||||
25 | the previous 3 years.
| ||||||
26 | (6) Relationship to anyone holding appointive office |
| |||||||
| |||||||
1 | currently or in the
previous 2 years; spouse, father, | ||||||
2 | mother, son, or daughter.
| ||||||
3 | (7) Employment, currently or in the previous 3 years, | ||||||
4 | as or by any
registered lobbyist of the State government.
| ||||||
5 | (8) Relationship to anyone who is or was a registered | ||||||
6 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
7 | son, or daughter.
| ||||||
8 | (9) Compensated employment, currently or in the | ||||||
9 | previous 3 years, by any
registered election or re-election | ||||||
10 | committee registered with the Secretary of
State or any | ||||||
11 | county clerk in the State of Illinois, or any political | ||||||
12 | action
committee registered with either the Secretary of | ||||||
13 | State or the Federal Board of
Elections.
| ||||||
14 | (10) Relationship to anyone; spouse, father, mother, | ||||||
15 | son, or daughter; who
is or was a compensated employee in | ||||||
16 | the last 2 years of any registered
election or re-election | ||||||
17 | committee registered with the Secretary of State or any
| ||||||
18 | county clerk in the State of Illinois, or any political | ||||||
19 | action committee
registered with either the Secretary of | ||||||
20 | State or the Federal Board of
Elections.
| ||||||
21 | (b-1) The disclosure required under this Section must also | ||||||
22 | include the name and address of each lobbyist and other agent | ||||||
23 | of the bidder or offeror who is not identified under | ||||||
24 | subsections (a) and (b) and who has communicated, is | ||||||
25 | communicating, or may communicate with any State officer or | ||||||
26 | employee concerning the bid or offer. The disclosure under this |
| |||||||
| |||||||
1 | subsection is a continuing obligation and must be promptly | ||||||
2 | supplemented for accuracy throughout the process and | ||||||
3 | throughout the term of the contract if the bid or offer is | ||||||
4 | successful. | ||||||
5 | (b-2) The disclosure required under this Section must also | ||||||
6 | include, for each of the persons identified in subsection (b) | ||||||
7 | or (b-1), each of the following that occurred within the | ||||||
8 | previous 10 years: debarment from contracting with any | ||||||
9 | governmental entity; professional licensure discipline; | ||||||
10 | bankruptcies; adverse civil judgments and administrative | ||||||
11 | findings; and criminal felony convictions. The disclosure | ||||||
12 | under this subsection is a continuing obligation and must be | ||||||
13 | promptly supplemented for accuracy throughout the process and | ||||||
14 | throughout the term of the contract if the bid or offer is | ||||||
15 | successful. | ||||||
16 | (c) The disclosure in subsection (b) is not intended to | ||||||
17 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
18 | fully and publicly disclose any potential
conflict to the chief | ||||||
19 | procurement officers, State purchasing officers, their
| ||||||
20 | designees, and executive officers so they may adequately | ||||||
21 | discharge their duty
to protect the State.
| ||||||
22 | (d) When a potential for a conflict of interest is | ||||||
23 | identified, discovered, or reasonably suspected, the chief | ||||||
24 | procurement officer or State procurement officer shall send the | ||||||
25 | contract to the Procurement Policy Board. The Board shall | ||||||
26 | recommend, in writing, whether to allow or void the contract, |
| |||||||
| |||||||
1 | bid, offer, or subcontract weighing the best interest of the | ||||||
2 | State of Illinois. All recommendations shall be submitted to | ||||||
3 | the chief procurement officer. The chief procurement officer | ||||||
4 | must hold a public hearing if the Procurement Policy Board | ||||||
5 | makes a recommendation to (i) void a contract or (ii) void a | ||||||
6 | bid or offer and the chief procurement officer selected or | ||||||
7 | intends to award the contract to the bidder or offeror. A chief | ||||||
8 | procurement officer is prohibited from awarding a contract | ||||||
9 | before a hearing if the Board recommendation does not support a | ||||||
10 | bid or offer. The recommendation and proceedings of any | ||||||
11 | hearing, if applicable, shall become part of the contract, bid, | ||||||
12 | or proposal file and shall be available to the public. | ||||||
13 | (d) In the case of any contract for personal services in | ||||||
14 | excess of
$50,000; any contract competitively bid in excess of | ||||||
15 | $250,000; any other
contract in excess of $50,000; when a | ||||||
16 | potential for a conflict of interest
is identified, discovered, | ||||||
17 | or reasonably suspected it shall be reviewed and
commented on | ||||||
18 | in writing by the Governor of the State of Illinois, or by an
| ||||||
19 | executive ethics board or commission he or she might designate. | ||||||
20 | The comment
shall be
returned to the responsible chief | ||||||
21 | procurement officer who must rule in writing
whether to void or
| ||||||
22 | allow the contract, bid, offer, or proposal weighing the best | ||||||
23 | interest of the
State of Illinois. The comment and | ||||||
24 | determination shall become a publicly
available part of the | ||||||
25 | contract, bid, or proposal file.
| ||||||
26 | (e) These thresholds and disclosure do not relieve the |
| |||||||
| |||||||
1 | chief procurement
officer, the State purchasing officer, or
| ||||||
2 | their designees from reasonable care and diligence for any | ||||||
3 | contract, bid,
offer,
or proposal. The chief procurement | ||||||
4 | officer, the State purchasing officer, or
their designees shall | ||||||
5 | be
responsible for using any reasonably known and publicly | ||||||
6 | available information
to
discover any undisclosed potential | ||||||
7 | conflict of interest and act to protect the
best interest of | ||||||
8 | the State of Illinois.
| ||||||
9 | (f) Inadvertent or accidental failure to fully disclose | ||||||
10 | shall render the
contract, bid, proposal, subcontract, or | ||||||
11 | relationship voidable by the chief procurement
officer if he or | ||||||
12 | she deems it in
the best interest of the State of Illinois and, | ||||||
13 | at his or her discretion, may
be cause for barring from future | ||||||
14 | contracts, bids, proposals, subcontracts, or
relationships | ||||||
15 | with the State for a period of up to 2 years.
| ||||||
16 | (g) Intentional, willful, or material failure to disclose | ||||||
17 | shall render the
contract, bid, proposal, subcontract, or | ||||||
18 | relationship voidable by the chief procurement
officer if he or | ||||||
19 | she deems it in
the best interest of the State of Illinois and | ||||||
20 | shall result in debarment from
future contracts, bids, | ||||||
21 | proposals, subcontracts, or relationships for a period of not | ||||||
22 | less
than 2 years and not more than 10 years. Reinstatement | ||||||
23 | after 2 years and
before 10 years must be reviewed and | ||||||
24 | commented on in writing by the Governor
of the State of | ||||||
25 | Illinois, or by an executive ethics board or commission he or
| ||||||
26 | she
might designate. The comment shall be returned to the |
| |||||||
| |||||||
1 | responsible chief
procurement officer who must
rule in writing | ||||||
2 | whether and when to reinstate.
| ||||||
3 | (h) In addition, all disclosures shall note any other | ||||||
4 | current or pending
contracts, proposals, subcontracts, leases, | ||||||
5 | or other ongoing procurement relationships the
bidding, | ||||||
6 | proposing, or offering , or subcontracting entity has with any | ||||||
7 | other unit of State
government and shall clearly identify the | ||||||
8 | unit and the contract, proposal,
lease, or other relationship.
| ||||||
9 | (i) The contractor or bidder has a continuing obligation to | ||||||
10 | supplement the disclosure required by this Section throughout | ||||||
11 | the bidding process or during the term of any contract. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | (30 ILCS 500/50-37) | ||||||
14 | Sec. 50-37. Prohibition of political contributions. | ||||||
15 | (a) As used in this Section: | ||||||
16 | The terms "contract", "State contract", and "contract | ||||||
17 | with a State agency" each mean any contract, as defined in | ||||||
18 | this Code, between a business entity and a State agency let | ||||||
19 | or awarded pursuant to this Code. The terms "contract", | ||||||
20 | "State contract", and "contract with a State agency" do not | ||||||
21 | include cost reimbursement contracts; purchase of care | ||||||
22 | agreements as defined in Section 1-15.68 of this Code; | ||||||
23 | contracts for projects eligible for full or partial | ||||||
24 | federal-aid funding reimbursements authorized by the | ||||||
25 | Federal Highway Administration; grants, including but are |
| |||||||
| |||||||
1 | not limited to grants for job training or transportation; | ||||||
2 | and grants, loans, or tax credit agreements for economic | ||||||
3 | development purposes. | ||||||
4 | "Contribution" means a contribution as defined in | ||||||
5 | Section 9-1.4 of the Election Code. | ||||||
6 | "Declared candidate" means a person who has filed a | ||||||
7 | statement of candidacy and petition for nomination or | ||||||
8 | election in the principal office of the State Board of | ||||||
9 | Elections. | ||||||
10 | "State agency" means and includes all boards, | ||||||
11 | commissions, agencies, institutions, authorities, and | ||||||
12 | bodies politic and corporate of the State, created by or in | ||||||
13 | accordance with the Illinois Constitution or State | ||||||
14 | statute, of the executive branch of State government and | ||||||
15 | does include colleges, universities,
public employee | ||||||
16 | retirement systems, and institutions under the | ||||||
17 | jurisdiction of the governing boards of the University of | ||||||
18 | Illinois, Southern Illinois University, Illinois State | ||||||
19 | University, Eastern Illinois University, Northern Illinois | ||||||
20 | University, Western Illinois University, Chicago State | ||||||
21 | University, Governors State University, Northeastern | ||||||
22 | Illinois University, and the Illinois Board of Higher | ||||||
23 | Education. | ||||||
24 | "Officeholder" means the Governor, Lieutenant | ||||||
25 | Governor, Attorney General, Secretary of State, | ||||||
26 | Comptroller, or Treasurer. The Governor shall be |
| |||||||
| |||||||
1 | considered the officeholder responsible for awarding all | ||||||
2 | contracts by all officers and employees of, and vendors and | ||||||
3 | others doing business with, executive branch State | ||||||
4 | agencies under the jurisdiction of the Executive Ethics | ||||||
5 | Commission and not within the jurisdiction of the Attorney | ||||||
6 | General, the Secretary of State, the Comptroller, or the | ||||||
7 | Treasurer. | ||||||
8 | "Sponsoring entity" means a sponsoring entity as | ||||||
9 | defined in Section 9-3 of the Election Code. | ||||||
10 | "Affiliated person" means (i) any person with any | ||||||
11 | ownership
interest or distributive share of the bidding or | ||||||
12 | contracting business entity in excess of 7.5%, (ii) | ||||||
13 | executive employees of the bidding or contracting business | ||||||
14 | entity, and (iii) the spouse and minor children of any such | ||||||
15 | persons. | ||||||
16 | "Affiliated entity" means (i) any corporate parent and | ||||||
17 | each operating subsidiary of the bidding or contracting | ||||||
18 | business entity, (ii) each operating subsidiary of the | ||||||
19 | corporate parent of the bidding or contracting business | ||||||
20 | entity any member of the same unitary business group , (iii) | ||||||
21 | any organization recognized by the United States Internal | ||||||
22 | Revenue Service as a tax-exempt organization described in | ||||||
23 | Section 501(c) of the Internal Revenue Code of 1986 (or any | ||||||
24 | successor provision of federal tax law) established by the | ||||||
25 | bidding or contracting business entity, any affiliated | ||||||
26 | entity of that business entity, or any affiliated person of |
| |||||||
| |||||||
1 | that business entity, or (iv) any political committee for | ||||||
2 | which the bidding or contracting business entity, or any | ||||||
3 | 501(c) organization described in item (iii) related to that | ||||||
4 | business entity, is the sponsoring entity. | ||||||
5 | "Business entity" means any entity doing business for | ||||||
6 | profit, whether organized as a corporation, partnership, | ||||||
7 | sole proprietorship, limited liability company or | ||||||
8 | partnership, or otherwise. | ||||||
9 | "Executive employee" means (i) the President, | ||||||
10 | Chairman, or Chief Executive Officer of a business entity | ||||||
11 | and any other individual that fulfills equivalent duties as | ||||||
12 | the President, Chairman of the Board, or Chief Executive | ||||||
13 | Officer of a business entity; and (ii) any employee of a | ||||||
14 | business entity whose compensation is determined directly, | ||||||
15 | in whole or in part, by the award or payment of contracts | ||||||
16 | by a State agency to the entity employing the employee. A | ||||||
17 | regular salary that is paid irrespective of the award or | ||||||
18 | payment of a contract with a State agency shall not | ||||||
19 | constitute "compensation" under item (ii) of this | ||||||
20 | definition , or other employee with executive | ||||||
21 | decision-making authority over the long-term and | ||||||
22 | day-to-day affairs of the entity employing the employee, or | ||||||
23 | an employee whose compensation is determined directly, in | ||||||
24 | whole or in part, by the award or payment of contracts by a | ||||||
25 | State agency to the entity employing the employee . | ||||||
26 | (b) Any business entity whose contracts with State |
| |||||||
| |||||||
1 | agencies, in the aggregate, annually total more than $50,000, | ||||||
2 | and any affiliated entities or affiliated persons of such | ||||||
3 | business entity, are prohibited from making any contributions | ||||||
4 | to any political committees established to promote the | ||||||
5 | candidacy of (i) the officeholder responsible for awarding the | ||||||
6 | contracts or (ii) any other declared candidate for that office. | ||||||
7 | This prohibition shall be effective for the duration of the | ||||||
8 | term of office of the incumbent officeholder awarding the | ||||||
9 | contracts or for a period of 2 years following the expiration | ||||||
10 | or termination of the contracts, whichever is longer. | ||||||
11 | (c) Any business entity whose aggregate pending bids and | ||||||
12 | proposals on State contracts total more than $50,000, or whose | ||||||
13 | aggregate pending bids and proposals on State contracts | ||||||
14 | combined with the business entity's aggregate annual total | ||||||
15 | value of State contracts exceed $50,000, and any affiliated | ||||||
16 | entities or affiliated persons of such business entity, are | ||||||
17 | prohibited from making any contributions to any political | ||||||
18 | committee
established to promote the candidacy of the | ||||||
19 | officeholder responsible for awarding the contract on which the | ||||||
20 | business entity has submitted a bid or proposal during the | ||||||
21 | period beginning on the date the invitation for bids or request | ||||||
22 | for proposals is issued and ending on the day after the date | ||||||
23 | the contract is awarded. | ||||||
24 | (d) All contracts between State agencies and a business | ||||||
25 | entity that violate subsection (b) or (c) shall be voidable | ||||||
26 | under Section 50-60. If a business entity violates subsection |
| |||||||
| |||||||
1 | (b) 3 or more times within a 36-month period, then all | ||||||
2 | contracts between State agencies and that business entity shall | ||||||
3 | be void, and that business entity shall not bid or respond to | ||||||
4 | any invitation to bid or request for proposals from any State | ||||||
5 | agency or otherwise enter into any contract with any State | ||||||
6 | agency for 3 years from the date of the last violation. A | ||||||
7 | notice of each violation and the penalty imposed shall be | ||||||
8 | published in both the Procurement Bulletin and the Illinois | ||||||
9 | Register. | ||||||
10 | (e) Any political committee that has received a | ||||||
11 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
12 | amount equal to the value of the contribution to the State no | ||||||
13 | more than 30 days after notice of the violation concerning the | ||||||
14 | contribution appears in the Illinois Register. Payments | ||||||
15 | received by the State
pursuant to this subsection shall be | ||||||
16 | deposited into the general revenue
fund.
| ||||||
17 | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | ||||||
18 | (30 ILCS 500/50-38 new)
| ||||||
19 | Sec. 50-38. Lobbying restrictions. | ||||||
20 | (a) A person or business that is let or awarded a contract | ||||||
21 | is not entitled to receive any payment, compensation, or other | ||||||
22 | remuneration from the State to compensate the person or | ||||||
23 | business for any expenses related to travel, lodging, or meals | ||||||
24 | that are paid by the person or business to any officer, agent, | ||||||
25 | employee, consultant, independent contractor, director, |
| |||||||
| |||||||
1 | partner, manager, or shareholder. | ||||||
2 | (b) Any bidder or offeror on a State contract that hires a | ||||||
3 | person required to register under the Lobbyist Registration Act | ||||||
4 | to assist in obtaining a contract shall (i) disclose all costs, | ||||||
5 | fees, compensation, reimbursements, and other remunerations | ||||||
6 | paid or to be paid to the lobbyist related to the contract, | ||||||
7 | (ii) not bill or otherwise cause the State of Illinois to pay | ||||||
8 | for any of the lobbyist's costs, fees, compensation, | ||||||
9 | reimbursements, or other remuneration, and (iii) sign a | ||||||
10 | verification certifying that none of the lobbyist's costs, | ||||||
11 | fees, compensation, reimbursements, or other remuneration were | ||||||
12 | billed to the State. This information, along with all | ||||||
13 | supporting documents, shall be filed with the agency awarding | ||||||
14 | the contract and with the Secretary of State. The chief | ||||||
15 | procurement officer shall post this information, together with | ||||||
16 | the contract award notice, in the online Procurement Bulletin. | ||||||
17 | (c) Ban on contingency fee. No person or entity shall | ||||||
18 | retain a person or entity to attempt to influence the outcome | ||||||
19 | of a procurement decision made under this Code for compensation | ||||||
20 | contingent in whole or in part upon the decision or | ||||||
21 | procurement. Any person who violates this subsection is guilty | ||||||
22 | of a business offense and shall be fined not more than $10,000. | ||||||
23 | (30 ILCS 500/50-39 new)
| ||||||
24 | Sec. 50-39. Procurement communications reporting | ||||||
25 | requirement. |
| |||||||
| |||||||
1 | (a) Any written or oral communication received by a State | ||||||
2 | employee that imparts or requests material information or makes | ||||||
3 | a material argument regarding potential action concerning a | ||||||
4 | procurement matter, including, but not limited to, an | ||||||
5 | application, a contract, or a project, shall be reported to the | ||||||
6 | Procurement Policy Board. | ||||||
7 | (b) The report required by subsection (a) shall be | ||||||
8 | submitted monthly and include at least the following: (i) the | ||||||
9 | date and time of each communication; (ii) the identity of each | ||||||
10 | person from whom the written or oral communication was | ||||||
11 | received, the individual or entity represented by that person, | ||||||
12 | and any action the person requested or recommended; (iii) the | ||||||
13 | identity and job title of the person to whom each communication | ||||||
14 | was made; (iv) if a response is made, the identity and job | ||||||
15 | title of the person making each response; (v) a detailed | ||||||
16 | summary of the points made by each person involved in the | ||||||
17 | communication; (vi) the duration of the communication; (vii) | ||||||
18 | the location or locations of all persons involved in the | ||||||
19 | communication and, if the communication occurred by telephone, | ||||||
20 | the telephone numbers for the callers and recipients of the | ||||||
21 | communication; and (viii) any other pertinent information. | ||||||
22 | (c) Additionally, when an oral communication made by a | ||||||
23 | person required to register under the Lobbyist Registration Act | ||||||
24 | is received by a State employee that is covered under this | ||||||
25 | Section, all individuals who initiate or participate in the | ||||||
26 | oral communication shall submit a written report to that State |
| |||||||
| |||||||
1 | employee that memorializes the communication and includes, but | ||||||
2 | is not limited to, the items listed in subsection (b). | ||||||
3 | (d) The Procurement Policy Board shall make each report | ||||||
4 | submitted pursuant to this Section available on its website | ||||||
5 | within 7 days after its receipt of the report. The Procurement | ||||||
6 | Policy Board may promulgate rules to ensure compliance with | ||||||
7 | this Section. | ||||||
8 | (e) An employee who knowingly and intentionally violates | ||||||
9 | this Section shall be subject to suspension or discharge.
| ||||||
10 | (30 ILCS 500/50-60)
| ||||||
11 | Sec. 50-60. Voidable contracts.
| ||||||
12 | (a) If any contract or amendment thereto is entered into or | ||||||
13 | purchase
or expenditure of funds is made at any time in | ||||||
14 | violation of this Code or any other law,
the contract or | ||||||
15 | amendment thereto may be declared void by the chief procurement | ||||||
16 | officer or may be
ratified and affirmed,
provided the chief | ||||||
17 | procurement officer determines that ratification is in the
best | ||||||
18 | interests of the
State. If the contract is ratified and | ||||||
19 | affirmed, it shall be without prejudice
to the State's rights | ||||||
20 | to any appropriate damages.
| ||||||
21 | (b) If, during the term of a contract, the chief | ||||||
22 | procurement officer contracting agency determines
that the | ||||||
23 | contractor is delinquent in the payment of debt as set forth in
| ||||||
24 | Section 50-11 of this Code, the chief procurement officer State | ||||||
25 | agency may declare the contract void if
it determines that |
| |||||||
| |||||||
1 | voiding the contract is in the best interests of the State.
The | ||||||
2 | Debt Collection Board shall adopt rules for the implementation | ||||||
3 | of this
subsection (b).
| ||||||
4 | (c) If, during the term of a contract, the chief | ||||||
5 | procurement officer contracting agency determines
that the | ||||||
6 | contractor is in violation of Section 50-10.5 of this Code, the
| ||||||
7 | chief procurement officer contracting
agency shall declare the | ||||||
8 | contract void.
| ||||||
9 | (d) If, during the term of a contract, the contracting | ||||||
10 | agency learns from an annual certification or otherwise | ||||||
11 | determines that the contractor no longer qualifies to enter | ||||||
12 | into State contracts by reason of Section 50-5, 50-10, 50-12, | ||||||
13 | 50-14, or 50-14.5 of this Article, the chief procurement | ||||||
14 | officer may declare the contract void if it determines that | ||||||
15 | voiding the contract is in the best interests of the State. | ||||||
16 | (e) If, during the term of a contract, the chief | ||||||
17 | procurement officer learns from an annual certification or | ||||||
18 | otherwise determines that a subcontractor subject to Section | ||||||
19 | 20-120 no longer qualifies to enter into State contracts by | ||||||
20 | reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or | ||||||
21 | 50-14.5 of this Article, the chief procurement officer may | ||||||
22 | declare the related contract void if it determines that voiding | ||||||
23 | the contract is in the best interests of the State. | ||||||
24 | (f) The changes to this Section made by this amendatory Act | ||||||
25 | of the 96th General Assembly apply to actions taken by the | ||||||
26 | chief procurement officer on or after its effective date. |
| |||||||
| |||||||
1 | (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
| ||||||
2 | (30 ILCS 500/50-65)
| ||||||
3 | Sec. 50-65. Suspension Contractor suspension . Any | ||||||
4 | contractor or subcontractor may be suspended for
violation of | ||||||
5 | this Code or for failure to conform to specifications or terms | ||||||
6 | of
delivery. Suspension shall be for cause and may be for a | ||||||
7 | period of up to
10
years at the discretion of the applicable | ||||||
8 | chief procurement officer.
Contractors or subcontractors may | ||||||
9 | be debarred in accordance with rules promulgated by the chief
| ||||||
10 | procurement officer or as otherwise provided by law.
| ||||||
11 | (Source: P.A. 93-77, eff. 7-2-03.)
| ||||||
12 | (30 ILCS 500/50-70)
| ||||||
13 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
14 | applicable provisions of
the following Acts:
| ||||||
15 | (1) Article 33E of the Criminal Code of 1961;
| ||||||
16 | (2) the Illinois Human Rights Act;
| ||||||
17 | (3) the Discriminatory Club Act;
| ||||||
18 | (4) the Illinois Governmental Ethics Act;
| ||||||
19 | (5) the State Prompt Payment Act;
| ||||||
20 | (6) the Public Officer Prohibited Activities Act;
| ||||||
21 | (7) the Drug Free Workplace Act;
| ||||||
22 | (8) the Illinois Power Agency Act; and
| ||||||
23 | (9)
the Employee Classification Act ; and .
| ||||||
24 | (10) the State Officials and Employees Ethics Act. |
| |||||||
| |||||||
1 | (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; 95-876, | ||||||
2 | eff. 8-21-08.)
| ||||||
3 | (30 ILCS 500/53-10)
| ||||||
4 | Sec. 53-10. Concessions and leases of State property.
| ||||||
5 | (a) Except for property under the jurisdiction of a public | ||||||
6 | institution of
higher education, concessions, including the | ||||||
7 | assignment, license, sale, or
transfer of
interests in or | ||||||
8 | rights to discoveries, inventions, patents, or copyrightable
| ||||||
9 | works, may be entered into by the State agency with | ||||||
10 | jurisdiction over the
property, whether tangible or | ||||||
11 | intangible.
| ||||||
12 | (b) Except for property under the jurisdiction of a public | ||||||
13 | institution of
higher education, all leases of State property | ||||||
14 | and concessions shall be reduced to writing and shall be
| ||||||
15 | awarded under
the provisions of Article 20, except that the | ||||||
16 | contract shall be awarded to the
highest and best bidder or | ||||||
17 | offeror.
| ||||||
18 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
19 | (30 ILCS 500/1-15.03 rep.)
| ||||||
20 | Section 95-36. The Illinois Procurement Code is amended by | ||||||
21 | repealing Section 1-15.03. | ||||||
22 | Section 95-38. The Business Enterprise for Minorities, | ||||||
23 | Females, and Persons with
Disabilities Act is amended by |
| |||||||
| |||||||
1 | changing Sections 2 and 4 as follows:
| ||||||
2 | (30 ILCS 575/2) (from Ch. 127, par. 132.602)
| ||||||
3 | (Section scheduled to be repealed on June 30, 2010)
| ||||||
4 | Sec. 2. Definitions.
| ||||||
5 | (A) For the purpose of this Act, the following
terms shall | ||||||
6 | have the following definitions:
| ||||||
7 | (1) "Minority person" shall mean a person who is a citizen | ||||||
8 | or lawful
permanent resident of the United States and who is:
| ||||||
9 | (a) African American (a person having origins in any of | ||||||
10 | the
black racial groups in Africa);
| ||||||
11 | (b) Hispanic (a person of Spanish or Portuguese culture | ||||||
12 | with origins in
Mexico, South or Central America, or the | ||||||
13 | Caribbean Islands, regardless of
race);
| ||||||
14 | (c) Asian American (a person having origins in any of | ||||||
15 | the original
peoples of the Far East, Southeast Asia, the | ||||||
16 | Indian Subcontinent or the
Pacific Islands); or
| ||||||
17 | (d) Native American or Alaskan Native (a person having
| ||||||
18 | origins in any of
the original peoples of North America).
| ||||||
19 | (2) "Female" shall mean a person who is a citizen or lawful | ||||||
20 | permanent
resident of the United States and who is of the | ||||||
21 | female gender.
| ||||||
22 | (2.05) "Person with a disability" means a person who is a | ||||||
23 | citizen or
lawful resident of the United States and is a person | ||||||
24 | qualifying as being
disabled under subdivision (2.1) of this | ||||||
25 | subsection (A).
|
| |||||||
| |||||||
1 | (2.1) "Disabled" means a severe physical or mental | ||||||
2 | disability that:
| ||||||
3 | (a) results from:
| ||||||
4 | amputation,
| ||||||
5 | arthritis,
| ||||||
6 | autism,
| ||||||
7 | blindness,
| ||||||
8 | burn injury,
| ||||||
9 | cancer,
| ||||||
10 | cerebral palsy,
| ||||||
11 | cystic fibrosis,
| ||||||
12 | deafness,
| ||||||
13 | head injury,
| ||||||
14 | heart disease,
| ||||||
15 | hemiplegia,
| ||||||
16 | hemophilia,
| ||||||
17 | respiratory or pulmonary dysfunction,
| ||||||
18 | mental retardation,
| ||||||
19 | mental illness,
| ||||||
20 | multiple sclerosis,
| ||||||
21 | muscular dystrophy,
| ||||||
22 | musculoskeletal disorders,
| ||||||
23 | neurological disorders, including stroke and epilepsy,
| ||||||
24 | paraplegia,
| ||||||
25 | quadriplegia and other spinal cord conditions,
| ||||||
26 | sickle cell anemia,
|
| |||||||
| |||||||
1 | specific learning disabilities, or
| ||||||
2 | end stage renal failure disease; and
| ||||||
3 | (b) substantially limits one or more of the person's major | ||||||
4 | life activities.
| ||||||
5 | Another disability or combination of disabilities may also | ||||||
6 | be considered
as a severe disability for the purposes of item | ||||||
7 | (a) of this
subdivision (2.1) if it is determined by an | ||||||
8 | evaluation of
rehabilitation potential to
cause a comparable | ||||||
9 | degree of substantial functional limitation similar to
the | ||||||
10 | specific list of disabilities listed in item (a) of this
| ||||||
11 | subdivision (2.1).
| ||||||
12 | (3) "Minority owned business" means a business concern | ||||||
13 | which 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 own | ||||||
18 | it.
| ||||||
19 | (4) "Female owned business" means a business concern which | ||||||
20 | is at least
51% owned by one or more females, or, in the case of | ||||||
21 | a corporation, at
least 51% of the stock in which is owned by | ||||||
22 | one or more females; and the
management and daily business | ||||||
23 | operations of which are controlled by one or
more of the | ||||||
24 | females who own it.
| ||||||
25 | (4.1) "Business owned by a person with a disability" means | ||||||
26 | a business
concern
that is at least 51% owned by one or more |
| |||||||
| |||||||
1 | persons with a disability
and the management and daily business | ||||||
2 | operations of which
are controlled by one or more of the | ||||||
3 | persons with disabilities who own it. A
not-for-profit agency | ||||||
4 | for persons with disabilities that is exempt from
taxation | ||||||
5 | under Section 501 of the Internal Revenue Code of 1986 is also
| ||||||
6 | considered a "business owned by a person with a disability".
| ||||||
7 | (4.2) "Council" means the Business Enterprise Council for | ||||||
8 | Minorities,
Females, and Persons with Disabilities created | ||||||
9 | under Section 5 of this Act.
| ||||||
10 | (5) "State contracts" shall mean all State contracts, | ||||||
11 | funded exclusively
with State funds which are not subject to | ||||||
12 | federal reimbursement, whether
competitively bid or negotiated | ||||||
13 | as defined by the Secretary of the Council
and approved by the | ||||||
14 | Council.
| ||||||
15 | "State construction contracts" means all State contracts | ||||||
16 | entered
into by a State agency or State university for the | ||||||
17 | repair, remodeling,
renovation or
construction of a building or | ||||||
18 | structure, or for the construction or
maintenance of a highway | ||||||
19 | defined in Article 2 of the Illinois Highway
Code.
| ||||||
20 | (6) "State agencies" shall mean all departments, officers, | ||||||
21 | boards,
commissions, institutions and bodies politic and | ||||||
22 | corporate of the State,
but does not include the Board of | ||||||
23 | Trustees of the University of Illinois,
the Board of Trustees | ||||||
24 | of Southern Illinois University,
the Board of Trustees
of | ||||||
25 | Chicago State University, the Board of Trustees of Eastern | ||||||
26 | Illinois
University, the Board of Trustees of Governors State |
| |||||||
| |||||||
1 | University, the Board of
Trustees of Illinois State University, | ||||||
2 | the Board of Trustees of Northeastern
Illinois
University, the | ||||||
3 | Board of Trustees of Northern Illinois University, the Board of
| ||||||
4 | Trustees of Western Illinois University,
municipalities or | ||||||
5 | other local governmental units, or other State constitutional
| ||||||
6 | officers.
| ||||||
7 | (7) "State universities" shall mean the Board of Trustees | ||||||
8 | of the
University of Illinois, the Board of Trustees of | ||||||
9 | Southern Illinois
University,
the Board of Trustees of Chicago | ||||||
10 | State University, the Board of
Trustees of Eastern Illinois | ||||||
11 | University, the Board of Trustees of Governors
State | ||||||
12 | University, the Board of Trustees of Illinois State University, | ||||||
13 | the Board
of Trustees of Northeastern Illinois University, the | ||||||
14 | Board of Trustees of
Northern Illinois University, and the | ||||||
15 | Board of Trustees of Western Illinois
University.
| ||||||
16 | (8) "Certification" means a determination made by the | ||||||
17 | Council
or by one delegated authority from the Council to make | ||||||
18 | certifications, or by
a State agency with statutory authority | ||||||
19 | to make such a certification, that a
business entity is a | ||||||
20 | business owned by a
minority, female, or person with a | ||||||
21 | disability for whatever
purpose. A business owned and | ||||||
22 | controlled by females shall select and designate whether such | ||||||
23 | business is to be certified as a "Female-owned business" or | ||||||
24 | "Minority-owned business" if the females are also minorities.
| ||||||
25 | (9) "Control" means the exclusive or ultimate and sole | ||||||
26 | control of the
business including, but not limited to, capital |
| |||||||
| |||||||
1 | investment and all other
financial matters, property, | ||||||
2 | acquisitions, contract negotiations, legal
matters, | ||||||
3 | officer-director-employee selection and comprehensive hiring,
| ||||||
4 | operating responsibilities, cost-control matters, income and | ||||||
5 | dividend
matters, financial transactions and rights of other | ||||||
6 | shareholders or joint
partners. Control shall be real, | ||||||
7 | substantial and continuing, not pro forma.
Control shall | ||||||
8 | include the power to direct or cause the direction of the
| ||||||
9 | management and policies of the business and to make the | ||||||
10 | day-to-day as well
as major decisions in matters of policy, | ||||||
11 | management and operations.
Control shall be exemplified by | ||||||
12 | possessing the requisite knowledge and
expertise to run the | ||||||
13 | particular business and control shall not include
simple | ||||||
14 | majority or absentee ownership.
| ||||||
15 | (10) "Business concern or business" means a business that | ||||||
16 | has average annual gross sales of less than $75,000,000 over | ||||||
17 | the 3 most recent calendar years of less than $31,400,000 as | ||||||
18 | evidenced by the federal income tax return of the business. A | ||||||
19 | firm with gross sales in excess of this cap may apply to the | ||||||
20 | Council for certification for a particular contract if the firm | ||||||
21 | can demonstrate that the contract would have significant impact | ||||||
22 | on businesses owned by minorities, females, or persons with | ||||||
23 | disabilities as suppliers or subcontractors or in employment of | ||||||
24 | minorities, females, or persons with disabilities.
| ||||||
25 | (B) When a business concern is owned at least 51% by any | ||||||
26 | combination of
minority persons, females, or persons with |
| |||||||
| |||||||
1 | disabilities,
even though none of the 3 classes alone holds at | ||||||
2 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
3 | this Act is considered to be met. The
certification category | ||||||
4 | for the business is that of the class holding the
largest | ||||||
5 | ownership
interest in the business. If 2 or more classes have | ||||||
6 | equal ownership interests,
the certification category shall be | ||||||
7 | determined by
the business concern Department of Central | ||||||
8 | Management Services .
| ||||||
9 | (Source: P.A. 95-344, eff. 8-21-07 .)
| ||||||
10 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||||||
11 | (Section scheduled to be repealed on June 30, 2010)
| ||||||
12 | Sec. 4. Award of State contracts.
| ||||||
13 | (a) Except as provided in subsections (b) and (c), not less | ||||||
14 | than 20% 12% of
the total dollar amount of State contracts, as | ||||||
15 | defined by the Secretary of
the Council and approved by the | ||||||
16 | Council, shall be established as a goal to
be awarded to | ||||||
17 | businesses owned by minorities,
females, and persons with | ||||||
18 | disabilities; provided, however, that
contracts representing | ||||||
19 | at least five-twelfths of the total amount of all
State | ||||||
20 | contracts awarded to businesses owned by
minorities, females, | ||||||
21 | and persons with disabilities pursuant to
this Section , | ||||||
22 | contracts representing at least 11% shall be awarded to | ||||||
23 | businesses owned by minorities, contracts representing at | ||||||
24 | least 7% shall be awarded to female-owned businesses, and | ||||||
25 | contracts representing at least 2% shall be awarded to |
| |||||||
| |||||||
1 | businesses owned by persons with disabilities shall be awarded | ||||||
2 | to female owned businesses, and that
contracts representing at | ||||||
3 | least one-sixth of the total amount of all State
contracts | ||||||
4 | awarded to businesses owned by
minorities, females, and persons | ||||||
5 | with disabilities pursuant to this
Section shall be awarded to | ||||||
6 | businesses owned by persons
with disabilities .
| ||||||
7 | The above percentage relates to the total dollar amount of | ||||||
8 | State
contracts during each State fiscal year, calculated by | ||||||
9 | examining
independently each type of contract for each agency | ||||||
10 | or university which
lets such contracts. Only that percentage | ||||||
11 | of arrangements which represents the participation of | ||||||
12 | businesses owned by
minorities, females, and persons with | ||||||
13 | disabilities on such contracts shall
be included.
| ||||||
14 | (b) In the case of State construction contracts, the | ||||||
15 | provisions of
subsection (a) requiring a portion of State | ||||||
16 | contracts to be awarded to
businesses owned and controlled by | ||||||
17 | persons with
disabilities do not apply. Not less
than 10% of | ||||||
18 | the total dollar amount of State construction contracts is
| ||||||
19 | established as a goal to be awarded to minority and female | ||||||
20 | owned
businesses, and contracts representing 50% of the amount | ||||||
21 | of all State
construction contracts awarded to minority and | ||||||
22 | female owned businesses
shall be awarded to female owned | ||||||
23 | businesses.
| ||||||
24 | (c) In the case of all work undertaken by the University of | ||||||
25 | Illinois related to the planning, organization, and staging of | ||||||
26 | the games, the University of Illinois shall establish a goal of |
| |||||||
| |||||||
1 | awarding not less than 25% of the annual dollar value of all | ||||||
2 | contracts, purchase orders, and other agreements (collectively | ||||||
3 | referred to as "the contracts") to minority-owned businesses or | ||||||
4 | businesses owned by a person with a disability and 5% of the | ||||||
5 | annual dollar value the contracts to female-owned businesses. | ||||||
6 | For purposes of this subsection, the term "games" has the | ||||||
7 | meaning set forth in the Olympic Games and Paralympic Games | ||||||
8 | (2016) Law. | ||||||
9 | (d) (c) Within one year after April 28, 2009 ( the effective | ||||||
10 | date of Public Act 96-8) this amendatory Act of the 96th | ||||||
11 | General Assembly , the Department of Central Management | ||||||
12 | Services shall conduct a social scientific study that measures | ||||||
13 | the impact of discrimination on minority and female business | ||||||
14 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
15 | ( the effective date of Public Act 96-8) this amendatory Act , | ||||||
16 | the Department shall issue a report of its findings and any | ||||||
17 | recommendations on whether to adjust the goals for minority and | ||||||
18 | female participation established in this Act. Copies of this | ||||||
19 | report and the social scientific study shall be filed with the | ||||||
20 | Governor and the General Assembly. | ||||||
21 | (Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; revised | ||||||
22 | 4-30-09.)
| ||||||
23 | Section 95-40. The Illinois Grant Funds Recovery Act is | ||||||
24 | amended by changing Section 4 and by adding Section 4.1 as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (30 ILCS 705/4) (from Ch. 127, par. 2304)
| ||||||
2 | Sec. 4. Grant Application and Agreement Requirements | ||||||
3 | Requirement . | ||||||
4 | (a) Any person or organization, public or private, desiring | ||||||
5 | to receive grant funds must submit a grant application to the | ||||||
6 | appropriate grantor agency. Applications for grant funds shall | ||||||
7 | be made on prescribed forms developed by the grantor agency, | ||||||
8 | and shall include, without being limited to, the following | ||||||
9 | provisions: | ||||||
10 | (1) the name, address, chief officers, and general | ||||||
11 | description of the applicant; | ||||||
12 | (2) a general description of the program, project, or | ||||||
13 | use for which grant funding is requested; | ||||||
14 | (3) such plans, equipment lists, and other documents as | ||||||
15 | may be required to show the type, structure, and general | ||||||
16 | character of the program, project, or use for which grant | ||||||
17 | funding is requested; | ||||||
18 | (4) cost estimates of developing, constructing, | ||||||
19 | operating, or completing the program, project, or use for | ||||||
20 | which grant funding is requested; and | ||||||
21 | (5) a program of proposed expenditures for the grant | ||||||
22 | funds. | ||||||
23 | (b) Grant funds may not be used except
pursuant to a | ||||||
24 | written grant agreement, and any disbursement of grant funds
| ||||||
25 | without a grant agreement is void. At a minimum, a grant |
| |||||||
| |||||||
1 | agreement must:
| ||||||
2 | (1) (a) describe the purpose of the grant and be signed | ||||||
3 | by the grantor agency
making the grant and all grantees of | ||||||
4 | the grant;
| ||||||
5 | (2) (b) specify how payments shall be made, what | ||||||
6 | constitutes permissible expenditure
of the grant funds, | ||||||
7 | and the financial controls applicable to the grant , | ||||||
8 | including, for those grants in excess of $25,000, the | ||||||
9 | filing of quarterly reports describing the progress of the | ||||||
10 | program, project, or use and the expenditure of the grant | ||||||
11 | funds related thereto ;
| ||||||
12 | (3) (c) specify the period of time for which the grant | ||||||
13 | is valid and, subject
to the limitation of Section 5, the | ||||||
14 | period of time during which grant funds
may be expended by | ||||||
15 | the grantee; and
| ||||||
16 | (4) contain a provision that any grantees receiving | ||||||
17 | grant funds are required to permit the grantor agency, the | ||||||
18 | Auditor General, or the Attorney General to inspect and | ||||||
19 | audit any books, records, or papers related to the program, | ||||||
20 | project, or use for which grant funds were provided; | ||||||
21 | (5) (d) contain a provision that all funds remaining at | ||||||
22 | the end of the grant
agreement or at the expiration of the | ||||||
23 | period of time grant funds are available
for expenditure or | ||||||
24 | obligation by the grantee shall be returned to the
State | ||||||
25 | within 45 days ; and | ||||||
26 | (6) contain a provision in which the grantee certifies |
| |||||||
| |||||||
1 | under oath that all information in the grant agreement is | ||||||
2 | true and correct to the best of the grantee's knowledge, | ||||||
3 | information, and belief; that the funds shall be used only | ||||||
4 | for the purposes described in the grant agreement; and that | ||||||
5 | the award of grant funds is conditioned upon such | ||||||
6 | certification .
| ||||||
7 | (Source: P.A. 83-640.)
| ||||||
8 | (30 ILCS 705/4.1 new)
| ||||||
9 | Sec. 4.1. Grant Fund Distribution Suspension. Grantor | ||||||
10 | agencies may withhold or suspend the distribution of grant | ||||||
11 | funds for failure to file required reports. | ||||||
12 | ARTICLE 99 | ||||||
13 | Section 99-99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |