Rep. Barbara Flynn Currie
Filed: 5/30/2012
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1 | AMENDMENT TO SENATE BILL 2958
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2 | AMENDMENT NO. ______. Amend Senate Bill 2958, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Department of Central Management Services | ||||||
6 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
7 | changing Sections 405-105 and 405-411 as follows:
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8 | (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
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9 | Sec. 405-105. Fidelity, surety, property, and casualty | ||||||
10 | insurance. The Department
shall establish and implement a | ||||||
11 | program to coordinate
the handling of all fidelity, surety, | ||||||
12 | property, and casualty insurance
exposures of the State and the | ||||||
13 | departments, divisions, agencies,
branches,
and universities | ||||||
14 | of the State. In performing this responsibility, the
Department | ||||||
15 | shall have the power and duty to do the following:
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16 | (1) Develop and maintain loss and exposure data on all |
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1 | State
property.
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2 | (2) Study the feasibility of establishing a | ||||||
3 | self-insurance plan
for
State property and prepare | ||||||
4 | estimates of the costs of reinsurance for
risks beyond the | ||||||
5 | realistic limits of the self-insurance.
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6 | (3) Prepare a plan for centralizing the purchase of | ||||||
7 | property and
casualty insurance on State property under a | ||||||
8 | master policy or policies
and purchase the insurance | ||||||
9 | contracted for as provided in the
Illinois Purchasing Act.
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10 | (4) Evaluate existing provisions for fidelity bonds | ||||||
11 | required of
State employees and recommend changes that are | ||||||
12 | appropriate
commensurate with risk experience and the | ||||||
13 | determinations respecting
self-insurance or reinsurance so | ||||||
14 | as to permit reduction of costs without
loss of coverage.
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15 | (5) Investigate procedures for inclusion of school | ||||||
16 | districts,
public community
college districts, and other | ||||||
17 | units of local government in programs for
the centralized | ||||||
18 | purchase of insurance.
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19 | (6) Implement recommendations of the State Property
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20 | Insurance
Study Commission that the Department finds | ||||||
21 | necessary or desirable in
the
performance of its powers and | ||||||
22 | duties under this Section to achieve
efficient and | ||||||
23 | comprehensive risk management.
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24 | (7) Prepare and, in the discretion of the Director, | ||||||
25 | implement a plan providing for the purchase of public
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26 | liability insurance or for self-insurance for public |
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1 | liability or for a
combination of purchased insurance and | ||||||
2 | self-insurance for public
liability (i) covering the State | ||||||
3 | and drivers of motor vehicles
owned,
leased, or controlled | ||||||
4 | by the State of Illinois pursuant to the provisions
and | ||||||
5 | limitations contained in the Illinois Vehicle Code, (ii)
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6 | covering
other public liability exposures of the State and | ||||||
7 | its employees within
the scope of their employment, and | ||||||
8 | (iii) covering drivers of motor
vehicles not owned, leased, | ||||||
9 | or controlled by the State but used by a
State employee on | ||||||
10 | State business, in excess of liability covered by an
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11 | insurance policy obtained by the owner of the motor vehicle | ||||||
12 | or in
excess of the dollar amounts that the Department | ||||||
13 | shall
determine to be
reasonable. Any contract of insurance | ||||||
14 | let under this Law shall be
by
bid in accordance with the | ||||||
15 | procedure set forth in the Illinois
Purchasing Act. Any | ||||||
16 | provisions for self-insurance shall conform to
subdivision | ||||||
17 | (11).
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18 | The term "employee" as used in this subdivision (7) and | ||||||
19 | in subdivision
(11)
means a person while in the employ of | ||||||
20 | the State who is a member of the
staff or personnel of a | ||||||
21 | State agency, bureau, board, commission,
committee, | ||||||
22 | department, university, or college or who is a State | ||||||
23 | officer,
elected official, commissioner, member of or ex | ||||||
24 | officio member of a
State agency, bureau, board, | ||||||
25 | commission, committee, department,
university, or college, | ||||||
26 | or a member of the National Guard while on active
duty |
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1 | pursuant to orders of the Governor of the State of | ||||||
2 | Illinois, or any
other person while using a licensed motor | ||||||
3 | vehicle owned, leased, or
controlled by the State of | ||||||
4 | Illinois with the authorization of the State
of Illinois, | ||||||
5 | provided the actual use of the motor vehicle is
within the | ||||||
6 | scope of that
authorization and within the course of State | ||||||
7 | service.
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8 | Subsequent to payment of a claim on behalf of an | ||||||
9 | employee pursuant to this
Section and after reasonable | ||||||
10 | advance written notice to the employee, the
Director may | ||||||
11 | exclude the employee from future coverage or limit the
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12 | coverage under the plan if (i) the Director determines that | ||||||
13 | the
claim
resulted from an incident in which the employee | ||||||
14 | was grossly negligent or
had engaged in willful and wanton | ||||||
15 | misconduct or (ii) the
Director
determines that the | ||||||
16 | employee is no longer an acceptable risk based on a
review | ||||||
17 | of prior accidents in which the employee was at fault and | ||||||
18 | for which
payments were made pursuant to this Section.
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19 | The Director is authorized to
promulgate | ||||||
20 | administrative rules that may be necessary to
establish and
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21 | administer the plan.
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22 | Appropriations from the Road Fund shall be used to pay | ||||||
23 | auto liability claims
and related expenses involving | ||||||
24 | employees of the Department of Transportation,
the | ||||||
25 | Illinois State Police, and the Secretary of State.
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26 | (8) Charge, collect, and receive from all other |
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1 | agencies of
the State
government fees or monies equivalent | ||||||
2 | to the cost of purchasing the insurance.
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3 | (9) Establish, through the Director, charges for risk
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4 | management
services
rendered to State agencies by the | ||||||
5 | Department.
The State agencies so charged shall reimburse | ||||||
6 | the Department by vouchers drawn
against their respective
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7 | appropriations. The reimbursement shall be determined by | ||||||
8 | the Director as
amounts sufficient to reimburse the | ||||||
9 | Department
for expenditures incurred in rendering the | ||||||
10 | service.
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11 | The Department shall charge the
employing State agency | ||||||
12 | or university for workers' compensation payments for
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13 | temporary total disability paid to any employee after the | ||||||
14 | employee has
received temporary total disability payments | ||||||
15 | for 120 days if the employee's
treating physician has | ||||||
16 | issued a release to return to work with restrictions
and | ||||||
17 | the employee is able to perform modified duty work but the | ||||||
18 | employing
State agency or
university does not return the | ||||||
19 | employee to work at modified duty. Modified
duty shall be | ||||||
20 | duties assigned that may or may not be delineated
as part | ||||||
21 | of the duties regularly performed by the employee. Modified | ||||||
22 | duties
shall be assigned within the prescribed | ||||||
23 | restrictions established by the
treating physician and the | ||||||
24 | physician who performed the independent medical
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25 | examination. The amount of all reimbursements
shall be | ||||||
26 | deposited into the Workers' Compensation Revolving Fund |
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1 | which is
hereby created as a revolving fund in the State | ||||||
2 | treasury. In addition to any other purpose authorized by | ||||||
3 | law, moneys in the Fund
shall be used, subject to | ||||||
4 | appropriation, to pay these or other temporary
total | ||||||
5 | disability claims of employees of State agencies and | ||||||
6 | universities.
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7 | Beginning with fiscal year 1996, all amounts recovered | ||||||
8 | by the
Department through subrogation in workers' | ||||||
9 | compensation and workers'
occupational disease cases shall | ||||||
10 | be
deposited into the Workers' Compensation Revolving Fund | ||||||
11 | created under
this subdivision (9).
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12 | (10) Through December 31, 2012, establish Establish | ||||||
13 | rules, procedures, and forms to be used by
State agencies
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14 | in the administration and payment of workers' compensation | ||||||
15 | claims. Through December 31, 2012, the
The Department shall | ||||||
16 | initially evaluate and determine the compensability of
any | ||||||
17 | injury that is
the subject of a workers' compensation claim | ||||||
18 | and provide for the
administration and payment of such a | ||||||
19 | claim for all State agencies. Through December 31, 2012, | ||||||
20 | the The
Director may delegate to any agency with the | ||||||
21 | agreement of the agency head
the responsibility for | ||||||
22 | evaluation, administration, and payment of that
agency's | ||||||
23 | claims.
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24 | (10a) If the Director determines it would be in the | ||||||
25 | best interests of the State and its employees, prepare and | ||||||
26 | implement a plan providing for: (i) the purchase of |
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1 | workers' compensation insurance for workers' compensation | ||||||
2 | liability; (ii) third-party administration of | ||||||
3 | self-insurance, in whole or in part, for workers' | ||||||
4 | compensation liability; or (iii) a combination of | ||||||
5 | purchased insurance and self-insurance for workers' | ||||||
6 | compensation liability, including reinsurance or stop-loss | ||||||
7 | insurance. Any contract for insurance or third-party | ||||||
8 | administration shall be on terms consistent with State | ||||||
9 | policy; awarded in compliance with the Illinois | ||||||
10 | Procurement Code; and based on, but not limited to, the | ||||||
11 | following criteria: administrative cost, service | ||||||
12 | capabilities of the carrier or other contractor and | ||||||
13 | premiums, fees, or charges. By April 1 of each year prior | ||||||
14 | to calendar year 2013 , the Director must report and provide | ||||||
15 | information to the State Workers' Compensation Program | ||||||
16 | Advisory Board concerning the status of the State workers' | ||||||
17 | compensation program for the next fiscal year. Information | ||||||
18 | that the Director must provide to the State Workers' | ||||||
19 | Compensation Program Advisory Board includes, but is not | ||||||
20 | limited to, documents, reports of negotiations, bid | ||||||
21 | invitations, requests for proposals, specifications, | ||||||
22 | copies of proposed and final contracts or agreements, and | ||||||
23 | any other materials concerning contracts or agreements for | ||||||
24 | the program. By the first of each month prior to calendar | ||||||
25 | year 2013 thereafter , the Director must provide updated, | ||||||
26 | and any new, information to the State Workers' Compensation |
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1 | Program Advisory Board until the State workers' | ||||||
2 | compensation program for the next fiscal year is | ||||||
3 | determined. | ||||||
4 | (10b) No later than January 1, 2013, the chief | ||||||
5 | procurement officer appointed under paragraph (4) of | ||||||
6 | subsection (a) of Section 10-20 of the Illinois Procurement | ||||||
7 | Code (hereinafter "chief procurement officer"), in | ||||||
8 | consultation with the Department of Central Management | ||||||
9 | Services, shall procure one or more private vendors to | ||||||
10 | administer, beginning January 1, 2013, the program | ||||||
11 | providing payments for workers' compensation liability | ||||||
12 | with respect to the employees of all State agencies. The | ||||||
13 | chief procurement officer may procure a single contract | ||||||
14 | applicable to all State agencies or multiple contracts | ||||||
15 | applicable to one or more State agencies. If the chief | ||||||
16 | procurement officer procures a single contract applicable | ||||||
17 | to all State agencies, then the Department of Central | ||||||
18 | Management Services shall be designated as the agency that | ||||||
19 | enters into the contract and shall be responsible for the | ||||||
20 | contract. If the chief procurement officer procures | ||||||
21 | multiple contracts applicable to one or more State | ||||||
22 | agencies, each agency to which the contract applies shall | ||||||
23 | be designated as the agency that shall enter into the | ||||||
24 | contract and shall be responsible for the contract. If the | ||||||
25 | chief procurement officer procures contracts applicable to | ||||||
26 | an individual State agency, the agency subject to the |
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1 | contract shall be designated as the agency responsible for | ||||||
2 | the contract. | ||||||
3 | (10c) The procurement of private vendors for the | ||||||
4 | administration of the workers' compensation program for | ||||||
5 | State employees is subject to the provisions of the | ||||||
6 | Illinois Procurement Code and administration by the chief | ||||||
7 | procurement officer. | ||||||
8 | (10d) Contracts for the procurement of private vendors | ||||||
9 | for the administration of the workers' compensation | ||||||
10 | program for State employees shall be based upon, but | ||||||
11 | limited to, the following criteria: (i) administrative | ||||||
12 | cost, (ii) service capabilities of the vendor, and (iii) | ||||||
13 | the compensation (including premiums, fees, or other | ||||||
14 | charges). A vendor for the administration of the workers' | ||||||
15 | compensation program for State employees shall provide | ||||||
16 | services, including, but not limited to: | ||||||
17 | (A) providing a web-based case management system | ||||||
18 | and provide access to the Office of the Attorney | ||||||
19 | General; | ||||||
20 | (B) ensuring claims adjusters are available to | ||||||
21 | provide testimony or information as requested by the | ||||||
22 | Office of the Attorney General; | ||||||
23 | (C) establishing a preferred provider program for | ||||||
24 | all State agencies and facilities; and | ||||||
25 | (D) authorizing the payment of medical bills at the | ||||||
26 | preferred provider discount rate. |
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1 | (10e) By September 15, 2012, the Department of Central | ||||||
2 | Management Services shall prepare a plan to effectuate the | ||||||
3 | transfer of responsibility and administration of the | ||||||
4 | workers' compensation program for State employees to the | ||||||
5 | selected private vendors. The Department shall submit a | ||||||
6 | copy of the plan to the General Assembly. | ||||||
7 | (11) Any plan for public liability self-insurance | ||||||
8 | implemented
under this
Section shall provide that (i) the | ||||||
9 | Department
shall attempt to settle and may settle any | ||||||
10 | public liability claim filed
against the State of Illinois | ||||||
11 | or any public liability claim filed
against a State | ||||||
12 | employee on the basis of an occurrence in the course of
the | ||||||
13 | employee's State employment; (ii) any settlement of
such a | ||||||
14 | claim is not subject to fiscal year limitations and must be
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15 | approved by the Director and, in cases of
settlements | ||||||
16 | exceeding $100,000, by the Governor; and (iii) a
settlement | ||||||
17 | of
any public liability claim against the State or a State | ||||||
18 | employee shall
require an unqualified release of any right | ||||||
19 | of action against the State
and the employee for acts | ||||||
20 | within the scope of the employee's employment
giving rise | ||||||
21 | to the claim.
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22 | Whenever and to the extent that a State
employee | ||||||
23 | operates a motor vehicle or engages in other activity | ||||||
24 | covered
by self-insurance under this Section, the State of | ||||||
25 | Illinois shall
defend, indemnify, and hold harmless the | ||||||
26 | employee against any claim in
tort filed against the |
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1 | employee for acts or omissions within the scope
of the | ||||||
2 | employee's employment in any proper judicial forum and not
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3 | settled pursuant
to this subdivision (11), provided that | ||||||
4 | this obligation of
the State of
Illinois shall not exceed a | ||||||
5 | maximum liability of $2,000,000 for any
single occurrence | ||||||
6 | in connection with the operation of a motor vehicle or
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7 | $100,000 per person per occurrence for any other single | ||||||
8 | occurrence,
or $500,000 for any single occurrence in | ||||||
9 | connection with the provision of
medical care by a licensed | ||||||
10 | physician employee.
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11 | Any
claims against the State of Illinois under a | ||||||
12 | self-insurance plan that
are not settled pursuant to this | ||||||
13 | subdivision (11) shall be
heard and
determined by the Court | ||||||
14 | of Claims and may not be filed or adjudicated
in any other | ||||||
15 | forum. The Attorney General of the State of Illinois or
the | ||||||
16 | Attorney General's designee shall be the attorney with | ||||||
17 | respect
to all public liability
self-insurance claims that | ||||||
18 | are not settled pursuant to this
subdivision (11)
and | ||||||
19 | therefore result in litigation. The payment of any award of | ||||||
20 | the
Court of Claims entered against the State relating to | ||||||
21 | any public
liability self-insurance claim shall act as a | ||||||
22 | release against any State
employee involved in the | ||||||
23 | occurrence.
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24 | (12) Administer a plan the purpose of which is to make | ||||||
25 | payments
on final
settlements or final judgments in | ||||||
26 | accordance with the State Employee
Indemnification Act. |
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1 | The plan shall be funded through appropriations from the
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2 | General Revenue Fund specifically designated for that | ||||||
3 | purpose, except that
indemnification expenses for | ||||||
4 | employees of the Department of Transportation,
the | ||||||
5 | Illinois State Police, and the Secretary of State
shall be | ||||||
6 | paid
from the Road
Fund. The term "employee" as used in | ||||||
7 | this subdivision (12) has the same
meaning as under | ||||||
8 | subsection (b) of Section 1 of the State Employee
| ||||||
9 | Indemnification Act. Subject to sufficient appropriation, | ||||||
10 | the Director shall approve payment of any claim, without | ||||||
11 | regard to fiscal year limitations, presented to
the | ||||||
12 | Director
that is supported by a final settlement or final | ||||||
13 | judgment when the Attorney
General and the chief officer of | ||||||
14 | the public body against whose employee the
claim or cause | ||||||
15 | of action is asserted certify to the Director that
the | ||||||
16 | claim is in
accordance with the State Employee | ||||||
17 | Indemnification Act and that they
approve
of the payment. | ||||||
18 | In no event shall an amount in excess of $150,000 be paid | ||||||
19 | from
this plan to or for the benefit of any claimant.
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20 | (13) Administer a plan the purpose of which is to make | ||||||
21 | payments
on final
settlements or final judgments for | ||||||
22 | employee wage claims in situations where
there was an | ||||||
23 | appropriation relevant to the wage claim, the fiscal year
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24 | and lapse period have expired, and sufficient funds were | ||||||
25 | available
to
pay the claim. The plan shall be funded | ||||||
26 | through
appropriations from the General Revenue Fund |
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1 | specifically designated for
that purpose.
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2 | Subject to sufficient appropriation, the Director is | ||||||
3 | authorized to pay any wage claim presented to the
Director
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4 | that is supported by a final settlement or final judgment | ||||||
5 | when the chief
officer of the State agency employing the | ||||||
6 | claimant certifies to the
Director that
the claim is a | ||||||
7 | valid wage claim and that the fiscal year and lapse period
| ||||||
8 | have expired. Payment for claims that are properly | ||||||
9 | submitted and certified
as valid by the Director
shall | ||||||
10 | include interest accrued at the rate of 7% per annum from | ||||||
11 | the
forty-fifth day after the claims are received by the | ||||||
12 | Department or 45 days from the date on which the amount of | ||||||
13 | payment
is agreed upon, whichever is later, until the date | ||||||
14 | the claims are submitted
to the Comptroller for payment. | ||||||
15 | When the Attorney General has filed an
appearance in any | ||||||
16 | proceeding concerning a wage claim settlement or
judgment, | ||||||
17 | the Attorney General shall certify to the Director that the | ||||||
18 | wage claim is valid before any payment is
made. In no event | ||||||
19 | shall an amount in excess of $150,000 be paid from this
| ||||||
20 | plan to or for the benefit of any claimant.
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21 | Nothing in Public Act 84-961 shall be construed to | ||||||
22 | affect in any manner the jurisdiction of the
Court of | ||||||
23 | Claims concerning wage claims made against the State of | ||||||
24 | Illinois.
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25 | (14) Prepare and, in the discretion of the Director, | ||||||
26 | implement a program for
self-insurance for official
|
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| |||||||
1 | fidelity and surety bonds for officers and employees as | ||||||
2 | authorized by the
Official Bond Act.
| ||||||
3 | (Source: P.A. 96-928, eff. 6-15-10; 97-18, eff. 6-28-11.)
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4 | (20 ILCS 405/405-411) | ||||||
5 | Sec. 405-411. Consolidation of workers' compensation | ||||||
6 | functions. | ||||||
7 | (a) Notwithstanding any other law to the contrary, the | ||||||
8 | Director of Central Management Services, working in | ||||||
9 | cooperation with the Director of any other agency, department, | ||||||
10 | board, or commission directly responsible to the Governor, may | ||||||
11 | direct the consolidation, within the Department of Central | ||||||
12 | Management Services, of those workers' compensation functions | ||||||
13 | at that agency, department, board, or commission that are | ||||||
14 | suitable for centralization. | ||||||
15 | Upon receipt of the written direction to transfer workers' | ||||||
16 | compensation functions to the Department of Central Management | ||||||
17 | Services, the personnel, equipment, and property (both real and | ||||||
18 | personal) directly relating to the transferred functions shall | ||||||
19 | be transferred to the Department of Central Management | ||||||
20 | Services, and the relevant documents, records, and | ||||||
21 | correspondence shall be transferred or copied, as the Director | ||||||
22 | may prescribe. | ||||||
23 | (b) Upon receiving written direction from the Director of | ||||||
24 | Central Management Services, the Comptroller and Treasurer are | ||||||
25 | authorized to transfer the unexpended balance of any |
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| |||||||
1 | appropriations related to the workers' compensation functions | ||||||
2 | transferred to the Department of Central Management Services | ||||||
3 | and shall make the necessary fund transfers from the General | ||||||
4 | Revenue Fund, any special fund in the State treasury, or any | ||||||
5 | other federal or State trust fund held by the Treasurer to the | ||||||
6 | Workers' Compensation Revolving Fund for use by the Department | ||||||
7 | of Central Management Services in support of workers' | ||||||
8 | compensation functions or any other related costs or expenses | ||||||
9 | of the Department of Central Management Services. | ||||||
10 | (c) The rights of employees and the State and its agencies | ||||||
11 | under the Personnel Code and applicable collective bargaining | ||||||
12 | agreements or under any pension, retirement, or annuity plan | ||||||
13 | shall not be affected by any transfer under this Section. | ||||||
14 | (d) The functions transferred to the Department of Central | ||||||
15 | Management Services by this Section shall be vested in and | ||||||
16 | shall be exercised by the Department of Central Management | ||||||
17 | Services. Each act done in the exercise of those functions | ||||||
18 | shall have the same legal effect as if done by the agencies, | ||||||
19 | offices, divisions, departments, bureaus, boards and | ||||||
20 | commissions from which they were transferred. | ||||||
21 | Every person or other entity shall be subject to the same | ||||||
22 | obligations and duties and any penalties, civil or criminal, | ||||||
23 | arising therefrom, and shall have the same rights arising from | ||||||
24 | the exercise of such rights, powers, and duties as had been | ||||||
25 | exercised by the agencies, offices, divisions, departments, | ||||||
26 | bureaus, boards, and commissions from which they were |
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| |||||||
1 | transferred. | ||||||
2 | Whenever reports or notices are now required to be made or | ||||||
3 | given or papers or documents furnished or served by any person | ||||||
4 | in regards to the functions transferred to or upon the | ||||||
5 | agencies, offices, divisions, departments, bureaus, boards, | ||||||
6 | and commissions from which the functions were transferred, the | ||||||
7 | same shall be made, given, furnished or served in the same | ||||||
8 | manner to or upon the Department of Central Management | ||||||
9 | Services. | ||||||
10 | This Section does not affect any act done, ratified, or | ||||||
11 | cancelled or any right occurring or established or any action | ||||||
12 | or proceeding had or commenced in an administrative, civil, or | ||||||
13 | criminal cause regarding the functions transferred, but those | ||||||
14 | proceedings may be continued by the Department of Central | ||||||
15 | Management Services. | ||||||
16 | This Section does not affect the legality of any rules in | ||||||
17 | the Illinois Administrative Code regarding the functions | ||||||
18 | transferred in this Section that are in force on the effective | ||||||
19 | date of this Section. If necessary, however, the affected | ||||||
20 | agencies shall propose, adopt, or repeal rules, rule | ||||||
21 | amendments, and rule recodifications as appropriate to | ||||||
22 | effectuate this Section.
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23 | (e) There is hereby created within the Department of | ||||||
24 | Central Management Services an advisory body to be known as the | ||||||
25 | State Workers' Compensation Program Advisory Board to review, | ||||||
26 | assess, and provide recommendations to improve the State |
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| |||||||
1 | workers' compensation program and to ensure that the State | ||||||
2 | manages the program in the interests of injured workers and | ||||||
3 | taxpayers. The Governor shall appoint one person to the Board, | ||||||
4 | who shall serve as the Chairperson. The Speaker of the House of | ||||||
5 | Representatives, the Minority Leader of the House of | ||||||
6 | Representatives, the President of the Senate, and the Minority | ||||||
7 | Leader of the Senate shall each appoint one person to the | ||||||
8 | Board. Each member initially appointed to the Board shall serve | ||||||
9 | a term ending December 31, 2013, and each Board member | ||||||
10 | appointed thereafter shall serve a 3-year term. A Board member | ||||||
11 | shall continue to serve on the Board until his or her successor | ||||||
12 | is appointed. In addition, the Director of the Department of | ||||||
13 | Central Management Services, the Attorney General, the | ||||||
14 | Director of the Department of Insurance, the Secretary of the | ||||||
15 | Department of Transportation, the Director of the Department of | ||||||
16 | Corrections, the Secretary of the Department of Human Services, | ||||||
17 | the Director of the Department of Revenue, and the Chairman of | ||||||
18 | the Illinois Workers' Compensation Commission, or their | ||||||
19 | designees, shall serve as ex officio, non-voting members of the | ||||||
20 | Board. Members of the Board shall not receive compensation but | ||||||
21 | shall be reimbursed from the Workers' Compensation Revolving | ||||||
22 | Fund for reasonable expenses incurred in the necessary | ||||||
23 | performance of their duties, and the Department of Central | ||||||
24 | Management Services shall provide administrative support to | ||||||
25 | the Board. The Board shall meet at least 3 times per year or | ||||||
26 | more often if the Board deems it necessary or proper. By |
| |||||||
| |||||||
1 | September 30, 2011, the Board shall issue a written report, to | ||||||
2 | be delivered to the Governor, the Director of the Department of | ||||||
3 | Central Management Services, and the General Assembly, with a | ||||||
4 | recommended set of best practices for the State workers' | ||||||
5 | compensation program. By July 1 of each year thereafter, the | ||||||
6 | Board shall issue a written report, to be delivered to those | ||||||
7 | same persons or entities, with recommendations on how to | ||||||
8 | improve upon such practices. | ||||||
9 | (f) The Director of Central Management Services shall take | ||||||
10 | all appropriate actions with respect to the State's workers' | ||||||
11 | compensation obligations necessary to transfer administration | ||||||
12 | of those obligations to an independent private vendor as | ||||||
13 | provided by Section 405-105. | ||||||
14 | (Source: P.A. 97-18, eff. 6-28-11.) | ||||||
15 | Section 10. The State Finance Act is amended by changing | ||||||
16 | Section 6z-64 as follows: | ||||||
17 | (30 ILCS 105/6z-64) | ||||||
18 | Sec. 6z-64. The Workers' Compensation Revolving Fund. | ||||||
19 | (a) The Workers' Compensation Revolving Fund is created as | ||||||
20 | a revolving fund, not subject to fiscal year limitations, in | ||||||
21 | the State treasury. The following moneys shall be deposited | ||||||
22 | into the Fund: | ||||||
23 | (1) amounts authorized for transfer to the Fund from | ||||||
24 | the General Revenue Fund and other State funds (except for |
| |||||||
| |||||||
1 | funds classified by the Comptroller as federal trust funds | ||||||
2 | or State trust funds) pursuant to State law or Executive | ||||||
3 | Order; | ||||||
4 | (2) federal funds received by the Department of Central | ||||||
5 | Management Services (the "Department") as a result of | ||||||
6 | expenditures from the Fund; | ||||||
7 | (3) interest earned on moneys in the Fund; | ||||||
8 | (4) receipts or inter-fund transfers resulting from | ||||||
9 | billings issued by the Department to State agencies and | ||||||
10 | universities for the cost of workers' compensation | ||||||
11 | services rendered by the Department that are not | ||||||
12 | compensated through the specific fund transfers authorized | ||||||
13 | by this Section, if any; | ||||||
14 | (5) amounts received from a State agency or university | ||||||
15 | for workers' compensation payments for temporary total | ||||||
16 | disability, as provided in Section 405-105 of the | ||||||
17 | Department of Central Management Services Law of the Civil | ||||||
18 | Administrative Code of Illinois; and | ||||||
19 | (6) amounts recovered through subrogation in workers' | ||||||
20 | compensation and workers' occupational disease cases. | ||||||
21 | (b) Moneys in the Fund may be used by the Department for | ||||||
22 | reimbursement or payment for: | ||||||
23 | (1) providing workers' compensation services to State | ||||||
24 | agencies and State universities; or | ||||||
25 | (2) providing for payment of administrative and other | ||||||
26 | expenses (and, beginning January 1, 2013, fees and charges |
| |||||||
| |||||||
1 | made pursuant to a contract with a private vendor) incurred | ||||||
2 | by the Department in providing workers' compensation | ||||||
3 | services. | ||||||
4 | (c) State agencies may direct the Comptroller to process | ||||||
5 | inter-fund
transfers or make payment through the voucher and | ||||||
6 | warrant process to the Workers' Compensation Revolving Fund in | ||||||
7 | satisfaction of billings issued under subsection (a) of this | ||||||
8 | Section. | ||||||
9 | (d) Reconciliation. For the fiscal year beginning on July | ||||||
10 | 1, 2004 only, the Director of Central Management Services (the | ||||||
11 | "Director") shall order that each State agency's payments and | ||||||
12 | transfers made to the Fund be reconciled with actual Fund costs | ||||||
13 | for workers' compensation services provided by the Department | ||||||
14 | and attributable to the State agency and relevant fund on no | ||||||
15 | less than an annual basis. The Director may require reports | ||||||
16 | from State agencies as deemed necessary to perform this | ||||||
17 | reconciliation. | ||||||
18 | (d-5) Notwithstanding any other provision of State law to | ||||||
19 | the contrary, on or after July 1, 2005 and until June 30, 2006, | ||||||
20 | in addition to any other transfers that may be provided for by | ||||||
21 | law, at the direction of and upon notification of the Director | ||||||
22 | of Central Management Services, the State Comptroller shall | ||||||
23 | direct and the State Treasurer shall transfer amounts into the | ||||||
24 | Workers' Compensation Revolving Fund from the designated funds | ||||||
25 | not exceeding the following totals: | ||||||
26 | Mental Health Fund ............................$17,694,000 |
| |||||||
| |||||||
1 | Statistical Services Revolving Fund ............$1,252,600 | ||||||
2 | Department of Corrections Reimbursement | ||||||
3 | and Education Fund .........................$1,198,600 | ||||||
4 | Communications Revolving Fund ....................$535,400 | ||||||
5 | Child Support Administrative Fund ................$441,900 | ||||||
6 | Health Insurance Reserve Fund ....................$238,900 | ||||||
7 | Fire Prevention Fund .............................$234,100 | ||||||
8 | Park and Conservation Fund .......................$142,000 | ||||||
9 | Motor Fuel Tax Fund ..............................$132,800 | ||||||
10 | Illinois Workers' Compensation | ||||||
11 | Commission Operations Fund ...................$123,900 | ||||||
12 | State Boating Act Fund ...........................$112,300 | ||||||
13 | Public Utility Fund ..............................$106,500 | ||||||
14 | State Lottery Fund ...............................$101,300 | ||||||
15 | Traffic and Criminal Conviction | ||||||
16 | Surcharge Fund ................................$88,500 | ||||||
17 | State Surplus Property Revolving Fund .............$82,700 | ||||||
18 | Natural Areas Acquisition Fund ....................$65,600 | ||||||
19 | Securities Audit and Enforcement Fund .............$65,200 | ||||||
20 | Agricultural Premium Fund .........................$63,400 | ||||||
21 | Capital Development Fund ..........................$57,500 | ||||||
22 | State Gaming Fund .................................$54,300 | ||||||
23 | Underground Storage Tank Fund .....................$53,700 | ||||||
24 | Illinois State Medical Disciplinary Fund ..........$53,000 | ||||||
25 | Personal Property Tax Replacement Fund ............$53,000 | ||||||
26 | General Professions Dedicated Fund ...............$51,900
|
| |||||||
| |||||||
1 | Total $23,003,100
| ||||||
2 | (d-10) Notwithstanding any other provision of State law to | ||||||
3 | the contrary and in addition to any other transfers that may be | ||||||
4 | provided for by law, on the first day of each calendar quarter | ||||||
5 | of the fiscal year beginning July 1, 2005, or as soon as may be | ||||||
6 | practical thereafter, the State Comptroller shall direct and | ||||||
7 | the State Treasurer shall transfer from each designated fund | ||||||
8 | into the Workers' Compensation Revolving Fund amounts equal to | ||||||
9 | one-fourth of each of the following totals: | ||||||
10 | General Revenue Fund ......................... $34,000,000 | ||||||
11 | Road Fund .................................... $25,987,000 | ||||||
12 | Total $59,987,000
| ||||||
13 | (d-12) Notwithstanding any other provision of State law to | ||||||
14 | the contrary and in addition to any other transfers that may be | ||||||
15 | provided for by law, on the effective date of this amendatory | ||||||
16 | Act of the 94th General Assembly, or as soon as may be | ||||||
17 | practical thereafter, the State Comptroller shall direct and | ||||||
18 | the State Treasurer shall transfer from each designated fund | ||||||
19 | into the Workers' Compensation Revolving Fund the following | ||||||
20 | amounts: | ||||||
21 | General Revenue Fund ..........................$10,000,000 | ||||||
22 | Road Fund ......................................$5,000,000 | ||||||
23 | Total $15,000,000
| ||||||
24 | (d-15) Notwithstanding any other provision of State law to | ||||||
25 | the contrary and in addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2006, or as soon as may be |
| |||||||
| |||||||
1 | practical thereafter, the State Comptroller shall direct and | ||||||
2 | the State Treasurer shall transfer from each designated fund | ||||||
3 | into the Workers' Compensation Revolving Fund the following | ||||||
4 | amounts: | ||||||
5 | General Revenue Fund .........................$44,028,200
| ||||||
6 | Road Fund ....................................$28,084,000
| ||||||
7 | Total $72,112,200
| ||||||
8 | (d-20) Notwithstanding any other provision of State law to | ||||||
9 | the contrary, on or after July 1, 2006 and until June 30, 2007, | ||||||
10 | in addition to any other transfers that may be provided for by | ||||||
11 | law, at the direction of and upon notification of the Director | ||||||
12 | of Central Management Services, the State Comptroller shall | ||||||
13 | direct and the State Treasurer shall transfer amounts into the | ||||||
14 | Workers' Compensation Revolving Fund from the designated funds | ||||||
15 | not exceeding the following totals: | ||||||
16 | Mental Health Fund ............................$19,121,800 | ||||||
17 | Statistical Services Revolving Fund ............$1,353,700 | ||||||
18 | Department of Corrections Reimbursement | ||||||
19 | and Education Fund .........................$1,295,300 | ||||||
20 | Communications Revolving Fund ....................$578,600 | ||||||
21 | Child Support Administrative Fund ................$477,600 | ||||||
22 | Health Insurance Reserve Fund ....................$258,200 | ||||||
23 | Fire Prevention Fund .............................$253,000 | ||||||
24 | Park and Conservation Fund .......................$153,500 | ||||||
25 | Motor Fuel Tax Fund ..............................$143,500 | ||||||
26 | Illinois Workers' Compensation |
| |||||||
| |||||||
1 | Commission Operations Fund ...................$133,900 | ||||||
2 | State Boating Act Fund ...........................$121,400 | ||||||
3 | Public Utility Fund ..............................$115,100 | ||||||
4 | State Lottery Fund ...............................$109,500 | ||||||
5 | Traffic and Criminal Conviction Surcharge Fund ....$95,700 | ||||||
6 | State Surplus Property Revolving Fund .............$89,400 | ||||||
7 | Natural Areas Acquisition Fund ....................$70,800 | ||||||
8 | Securities Audit and Enforcement Fund .............$70,400 | ||||||
9 | Agricultural Premium Fund .........................$68,500 | ||||||
10 | State Gaming Fund .................................$58,600 | ||||||
11 | Underground Storage Tank Fund .....................$58,000 | ||||||
12 | Illinois State Medical Disciplinary Fund ..........$57,200 | ||||||
13 | Personal Property Tax Replacement Fund ............$57,200 | ||||||
14 | General Professions Dedicated Fund ...............$56,100
| ||||||
15 | Total $24,797,000
| ||||||
16 | (d-25) Notwithstanding any other provision of State law to | ||||||
17 | the contrary and in addition to any other transfers that may be | ||||||
18 | provided for by law, on July 1, 2009, or as soon as may be | ||||||
19 | practical thereafter, the State Comptroller shall direct and | ||||||
20 | the State Treasurer shall transfer from each designated fund | ||||||
21 | into the Workers' Compensation Revolving Fund the following | ||||||
22 | amounts: | ||||||
23 | General Revenue Fund .........................$55,000,000 | ||||||
24 | Road Fund ....................................$34,803,000 | ||||||
25 | Total $89,803,000 | ||||||
26 | (d-30) Notwithstanding any other provision of State law to |
| |||||||
| |||||||
1 | the contrary, on or after July 1, 2009 and until June 30, 2010, | ||||||
2 | in addition to any other transfers that may be provided for by | ||||||
3 | law, at the direction of and upon notification of the Director | ||||||
4 | of Central Management Services, the State Comptroller shall | ||||||
5 | direct and the State Treasurer shall transfer amounts into the | ||||||
6 | Workers' Compensation Revolving Fund from the designated funds | ||||||
7 | not exceeding the following totals: | ||||||
8 | Food and Drug Safety Fund .........................$13,900 | ||||||
9 | Teacher Certificate Fee Revolving Fund .............$6,500 | ||||||
10 | Transportation Regulatory Fund ....................$14,500 | ||||||
11 | Financial Institution Fund ........................$25,200 | ||||||
12 | General Professions Dedicated Fund ................$25,300 | ||||||
13 | Illinois Veterans' Rehabilitation Fund ............$64,600 | ||||||
14 | State Boating Act Fund ...........................$177,100 | ||||||
15 | State Parks Fund .................................$104,300 | ||||||
16 | Lobbyist Registration Administration Fund .........$14,400 | ||||||
17 | Agricultural Premium Fund .........................$79,100 | ||||||
18 | Fire Prevention Fund .............................$360,200 | ||||||
19 | Mental Health Fund .............................$9,725,200 | ||||||
20 | Illinois State Pharmacy Disciplinary Fund ..........$5,600 | ||||||
21 | Public Utility Fund ...............................$40,900 | ||||||
22 | Radiation Protection Fund .........................$14,200 | ||||||
23 | Firearm Owner's Notification Fund ..................$1,300 | ||||||
24 | Solid Waste Management Fund .......................$74,100 | ||||||
25 | Illinois Gaming Law Enforcement Fund ..............$17,800 | ||||||
26 | Subtitle D Management Fund ........................$14,100 |
| |||||||
| |||||||
1 | Illinois State Medical Disciplinary Fund ..........$26,500 | ||||||
2 | Facility Licensing Fund ...........................$11,700 | ||||||
3 | Plugging and Restoration Fund ......................$9,100 | ||||||
4 | Explosives Regulatory Fund .........................$2,300 | ||||||
5 | Aggregate Operations Regulatory Fund ...............$5,000 | ||||||
6 | Coal Mining Regulatory Fund ........................$1,900 | ||||||
7 | Registered Certified Public Accountants' | ||||||
8 | Administration and Disciplinary Fund ...........$1,500 | ||||||
9 | Weights and Measures Fund .........................$56,100 | ||||||
10 | Division of Corporations Registered | ||||||
11 | Limited Liability Partnership Fund .............$3,900 | ||||||
12 | Illinois School Asbestos Abatement Fund ...........$14,000 | ||||||
13 | Secretary of State Special License Plate Fund .....$30,700 | ||||||
14 | Capital Development Board Revolving Fund ..........$27,000 | ||||||
15 | DCFS Children's Services Fund .....................$69,300 | ||||||
16 | Asbestos Abatement Fund ...........................$17,200 | ||||||
17 | Illinois Health Facilities Planning Fund ..........$26,800 | ||||||
18 | Emergency Public Health Fund .......................$5,600 | ||||||
19 | Nursing Dedicated and Professional Fund ...........$10,000 | ||||||
20 | Optometric Licensing and Disciplinary | ||||||
21 | Board Fund .....................................$1,600 | ||||||
22 | Underground Resources Conservation | ||||||
23 | Enforcement Fund ..............................$11,500 | ||||||
24 | Drunk and Drugged Driving Prevention Fund .........$18,200 | ||||||
25 | Long Term Care Monitor/Receiver Fund ..............$35,400 | ||||||
26 | Community Water Supply Laboratory Fund .............$5,600 |
| |||||||
| |||||||
1 | Securities Investors Education Fund ................$2,000 | ||||||
2 | Used Tire Management Fund .........................$32,400 | ||||||
3 | Natural Areas Acquisition Fund ...................$101,200 | ||||||
4 | Open Space Lands Acquisition | ||||||
5 | and
Development Fund ..................$28,400 | ||||||
6 | Working Capital Revolving Fund ...................$489,100 | ||||||
7 | State Garage Revolving Fund ......................$791,900 | ||||||
8 | Statistical Services Revolving Fund ............$3,984,700 | ||||||
9 | Communications Revolving Fund ..................$1,432,800 | ||||||
10 | Facilities Management Revolving Fund ...........$1,911,600 | ||||||
11 | Professional Services Fund .......................$483,600 | ||||||
12 | Motor Vehicle Review Board Fund ...................$15,000 | ||||||
13 | Environmental Laboratory Certification Fund ........$3,000 | ||||||
14 | Public Health Laboratory Services | ||||||
15 | Revolving Fund .................................$2,500 | ||||||
16 | Lead Poisoning Screening, Prevention, | ||||||
17 | and Abatement Fund ............................$28,200 | ||||||
18 | Securities Audit and Enforcement Fund ............$258,400 | ||||||
19 | Department of Business Services | ||||||
20 | Special Operations Fund ......................$111,900 | ||||||
21 | Feed Control Fund .................................$20,800 | ||||||
22 | Tanning Facility Permit Fund .......................$5,400 | ||||||
23 | Plumbing Licensure and Program Fund ...............$24,400 | ||||||
24 | Tax Compliance and Administration Fund ............$27,200 | ||||||
25 | Appraisal Administration Fund ......................$2,400 | ||||||
26 | Small Business Environmental Assistance Fund .......$2,200 |
| |||||||
| |||||||
1 | Illinois State Fair Fund ..........................$31,400 | ||||||
2 | Secretary of State Special Services Fund .........$317,600 | ||||||
3 | Department of Corrections Reimbursement | ||||||
4 | and Education Fund ...........................$324,500 | ||||||
5 | Health Facility Plan Review Fund ..................$31,200 | ||||||
6 | Illinois Historic Sites Fund ......................$11,500 | ||||||
7 | Attorney General Court Ordered and Voluntary | ||||||
8 | Compliance Payment Projects Fund ..............$18,500 | ||||||
9 | Public Pension Regulation Fund .....................$5,600 | ||||||
10 | Illinois Charity Bureau Fund ......................$11,400 | ||||||
11 | Renewable Energy Resources Trust Fund ..............$6,700 | ||||||
12 | Energy Efficiency Trust Fund .......................$3,600 | ||||||
13 | Pesticide Control Fund ............................$56,800 | ||||||
14 | Attorney General Whistleblower Reward | ||||||
15 | and Protection Fund ...........................$14,200 | ||||||
16 | Partners for Conservation Fund ....................$36,900 | ||||||
17 | Capital Litigation Trust Fund ........................$800 | ||||||
18 | Motor Vehicle License Plate Fund ..................$99,700 | ||||||
19 | Horse Racing Fund .................................$18,900 | ||||||
20 | Death Certificate Surcharge Fund ..................$12,800 | ||||||
21 | Auction Regulation Administration Fund ...............$500 | ||||||
22 | Motor Carrier Safety Inspection Fund ..............$55,800 | ||||||
23 | Assisted Living and Shared Housing | ||||||
24 | Regulatory Fund ..................................$900 | ||||||
25 | Illinois Thoroughbred Breeders Fund ................$9,200 | ||||||
26 | Illinois Clean Water Fund .........................$42,300 |
| |||||||
| |||||||
1 | Secretary of State DUI Administration Fund ........$16,100 | ||||||
2 | Child Support Administrative Fund ..............$1,037,900 | ||||||
3 | Secretary of State Police Services Fund ............$1,200 | ||||||
4 | Tourism Promotion Fund ............................$34,400 | ||||||
5 | IMSA Income Fund ..................................$12,700 | ||||||
6 | Presidential Library and Museum Operating Fund ....$83,000 | ||||||
7 | Dram Shop Fund ....................................$44,500 | ||||||
8 | Illinois State Dental Disciplinary Fund ............$5,700 | ||||||
9 | Cycle Rider Safety Training Fund ...................$8,700 | ||||||
10 | Traffic and Criminal Conviction Surcharge Fund ...$106,100 | ||||||
11 | Design Professionals Administration | ||||||
12 | and Investigation Fund .........................$4,500 | ||||||
13 | State Police Services Fund .......................$276,100 | ||||||
14 | Metabolic Screening and Treatment Fund ............$90,800 | ||||||
15 | Insurance Producer Administration Fund ............$45,600 | ||||||
16 | Coal Technology Development Assistance Fund .......$11,700 | ||||||
17 | Hearing Instrument Dispenser Examining | ||||||
18 | and Disciplinary Fund ..........................$1,900 | ||||||
19 | Low-Level Radioactive Waste Facility | ||||||
20 | Development and Operation Fund .................$1,000 | ||||||
21 | Environmental Protection Permit and | ||||||
22 | Inspection Fund ...............................$66,900 | ||||||
23 | Park and Conservation Fund .......................$199,300 | ||||||
24 | Local Tourism Fund .................................$2,400 | ||||||
25 | Illinois Capital Revolving Loan Fund ..............$10,000 | ||||||
26 | Large Business Attraction Fund .......................$100 |
| |||||||
| |||||||
1 | Adeline Jay Geo-Karis Illinois Beach | ||||||
2 | Marina Fund ...................................$27,200 | ||||||
3 | Public Infrastructure Construction | ||||||
4 | Loan Revolving Fund ............................$1,700 | ||||||
5 | Insurance Financial Regulation Fund ...............$69,200 | ||||||
6 | Total $24,197,800 | ||||||
7 | (d-35) Notwithstanding any other provision of State law to | ||||||
8 | the contrary and in addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2010, or as soon as may be | ||||||
10 | practical thereafter, the State Comptroller shall direct and | ||||||
11 | the State Treasurer shall transfer from each designated fund | ||||||
12 | into the Workers' Compensation Revolving Fund the following | ||||||
13 | amounts: | ||||||
14 | General Revenue Fund .........................$55,000,000 | ||||||
15 | Road Fund ....................................$50,955,300 | ||||||
16 | Total $105,955,300 | ||||||
17 | (d-40) Notwithstanding any other provision of State law to | ||||||
18 | the contrary, on or after July 1, 2010 and until June 30, 2011, | ||||||
19 | in addition to any other transfers that may be provided for by | ||||||
20 | law, at the direction of and upon notification of the Director | ||||||
21 | of Central Management Services, the State Comptroller shall | ||||||
22 | direct and the State Treasurer shall transfer amounts into the | ||||||
23 | Workers' Compensation Revolving Fund from the designated funds | ||||||
24 | not exceeding the following totals: | ||||||
25 | Food and Drug Safety Fund .........................$8,700 | ||||||
26 | Financial Institution Fund .......................$44,500 |
| |||||||
| |||||||
1 | General Professions Dedicated Fund ...............$51,400 | ||||||
2 | Live and Learn Fund ..............................$10,900 | ||||||
3 | Illinois Veterans' Rehabilitation Fund ..........$106,000 | ||||||
4 | State Boating Act Fund ..........................$288,200 | ||||||
5 | State Parks Fund ................................$185,900 | ||||||
6 | Wildlife and Fish Fund ........................$1,550,300 | ||||||
7 | Lobbyist Registration Administration Fund ........$18,100 | ||||||
8 | Agricultural Premium Fund .......................$176,100 | ||||||
9 | Mental Health Fund ..............................$291,900 | ||||||
10 | Firearm Owner's Notification Fund .................$2,300 | ||||||
11 | Illinois Gaming Law Enforcement Fund .............$11,300 | ||||||
12 | Illinois State Medical Disciplinary Fund .........$42,300 | ||||||
13 | Facility Licensing Fund ..........................$14,200 | ||||||
14 | Plugging and Restoration Fund ....................$15,600 | ||||||
15 | Explosives Regulatory Fund ........................$4,800 | ||||||
16 | Aggregate Operations Regulatory Fund ..............$6,000 | ||||||
17 | Coal Mining Regulatory Fund .......................$7,200 | ||||||
18 | Registered Certified Public Accountants' | ||||||
19 | Administration and Disciplinary Fund ..........$1,900 | ||||||
20 | Weights and Measures Fund .......................$105,200 | ||||||
21 | Division of Corporations Registered | ||||||
22 | Limited Liability Partnership Fund ............$5,300 | ||||||
23 | Illinois School Asbestos Abatement Fund ..........$19,900 | ||||||
24 | Secretary of State Special License Plate Fund ....$38,700 | ||||||
25 | DCFS Children's Services Fund ...................$123,100 | ||||||
26 | Illinois Health Facilities Planning Fund .........$29,700 |
| |||||||
| |||||||
1 | Emergency Public Health Fund ......................$6,800 | ||||||
2 | Nursing Dedicated and Professional Fund ..........$13,500 | ||||||
3 | Optometric Licensing and Disciplinary | ||||||
4 | Board Fund ....................................$1,800 | ||||||
5 | Underground Resources Conservation | ||||||
6 | Enforcement Fund .............................$16,500 | ||||||
7 | Mandatory Arbitration Fund ........................$5,400 | ||||||
8 | Drunk and Drugged Driving Prevention Fund ........$26,400 | ||||||
9 | Long Term Care Monitor/Receiver Fund .............$43,800 | ||||||
10 | Securities Investors Education Fund ..............$28,500 | ||||||
11 | Used Tire Management Fund .........................$6,300 | ||||||
12 | Natural Areas Acquisition Fund ..................$185,000 | ||||||
13 | Open Space Lands Acquisition and | ||||||
14 | Development Fund .............................$46,800 | ||||||
15 | Working Capital Revolving Fund ..................$741,500 | ||||||
16 | State Garage Revolving Fund .....................$356,200 | ||||||
17 | Statistical Services Revolving Fund ...........$1,775,900 | ||||||
18 | Communications Revolving Fund ...................$630,600 | ||||||
19 | Facilities Management Revolving Fund ............$870,800 | ||||||
20 | Professional Services Fund ......................$275,500 | ||||||
21 | Motor Vehicle Review Board Fund ..................$12,900 | ||||||
22 | Public Health Laboratory Services | ||||||
23 | Revolving Fund ................................$5,300 | ||||||
24 | Lead Poisoning Screening, Prevention, | ||||||
25 | and Abatement Fund ...........................$42,100 | ||||||
26 | Securities Audit and Enforcement Fund ...........$162,700 |
| |||||||
| |||||||
1 | Department of Business Services | ||||||
2 | Special Operations Fund .....................$143,700 | ||||||
3 | Feed Control Fund ................................$32,300 | ||||||
4 | Tanning Facility Permit Fund ......................$3,900 | ||||||
5 | Plumbing Licensure and Program Fund ..............$32,600 | ||||||
6 | Tax Compliance and Administration Fund ...........$48,400 | ||||||
7 | Appraisal Administration Fund .....................$3,600 | ||||||
8 | Illinois State Fair Fund .........................$30,200 | ||||||
9 | Secretary of State Special Services Fund ........$214,400 | ||||||
10 | Department of Corrections Reimbursement | ||||||
11 | and Education Fund ..........................$438,300 | ||||||
12 | Health Facility Plan Review Fund .................$29,900 | ||||||
13 | Public Pension Regulation Fund ....................$9,900 | ||||||
14 | Pesticide Control Fund ..........................$107,500 | ||||||
15 | Partners for Conservation Fund ..................$189,300 | ||||||
16 | Motor Vehicle License Plate Fund ................$143,800 | ||||||
17 | Horse Racing Fund ................................$20,900 | ||||||
18 | Death Certificate Surcharge Fund .................$16,800 | ||||||
19 | Auction Regulation Administration Fund ............$1,000 | ||||||
20 | Motor Carrier Safety Inspection Fund .............$56,800 | ||||||
21 | Assisted Living and Shared Housing | ||||||
22 | Regulatory Fund ...............................$2,200 | ||||||
23 | Illinois Thoroughbred Breeders Fund ..............$18,100 | ||||||
24 | Secretary of State DUI Administration Fund .......$19,800 | ||||||
25 | Child Support Administrative Fund .............$1,809,500 | ||||||
26 | Secretary of State Police Services Fund ...........$2,500 |
| |||||||
| |||||||
1 | Medical Special Purposes Trust Fund ..............$20,400 | ||||||
2 | Dram Shop Fund ...................................$57,200 | ||||||
3 | Illinois State Dental Disciplinary Fund ...........$9,500 | ||||||
4 | Cycle Rider Safety Training Fund .................$12,200 | ||||||
5 | Traffic and Criminal Conviction Surcharge Fund ..$128,900 | ||||||
6 | Design Professionals Administration | ||||||
7 | and Investigation Fund ........................$7,300 | ||||||
8 | State Police Services Fund ......................$335,700 | ||||||
9 | Metabolic Screening and Treatment Fund ...........$81,600 | ||||||
10 | Insurance Producer Administration Fund ...........$77,000 | ||||||
11 | Hearing Instrument Dispenser Examining | ||||||
12 | and Disciplinary Fund .........................$1,900 | ||||||
13 | Park and Conservation Fund ......................$361,500 | ||||||
14 | Adeline Jay Geo-Karis Illinois Beach | ||||||
15 | Marina Fund ..................................$42,800 | ||||||
16 | Insurance Financial Regulation Fund .............$108,000 | ||||||
17 | Total $13,033,200 | ||||||
18 | (d-45) Notwithstanding any other provision of State law to | ||||||
19 | the contrary and in addition to any other transfers that may be | ||||||
20 | provided for by law, on July 1, 2011, or as soon as may be | ||||||
21 | practical thereafter, the State Comptroller shall direct and | ||||||
22 | the State Treasurer shall transfer the sum of $45,000,000 from | ||||||
23 | the General Revenue Fund into the Workers' Compensation | ||||||
24 | Revolving Fund. | ||||||
25 | (e) The term "workers' compensation services" means | ||||||
26 | services, claims expenses, and related administrative costs |
| |||||||
| |||||||
1 | incurred in performing the duties under
Sections 405-105 and | ||||||
2 | 405-411 of the Department of Central Management Services Law of | ||||||
3 | the Civil Administrative Code of Illinois.
| ||||||
4 | (Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, | ||||||
5 | eff. 12-19-11.) | ||||||
6 | Section 15. The Illinois Procurement Code is amended by | ||||||
7 | changing Sections 1-10, 1-13, 1-15.107, 1-15.108, 5-5, 10-10, | ||||||
8 | 10-15, 15-1, 15-25, 15-30, 20-10, 20-25, 20-120, 20-155, | ||||||
9 | 20-160, 45-35, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, | ||||||
10 | 50-35, 50-39, and 50-60 and by adding Sections 1-12 and 15-35 | ||||||
11 | as follows:
| ||||||
12 | (30 ILCS 500/1-10)
| ||||||
13 | Sec. 1-10. Application.
| ||||||
14 | (a) This Code applies only to procurements for which | ||||||
15 | contractors were first
solicited on or after July 1, 1998. This | ||||||
16 | Code shall not be construed to affect
or impair any contract, | ||||||
17 | or any provision of a contract, entered into based on a
| ||||||
18 | solicitation prior to the implementation date of this Code as | ||||||
19 | described in
Article 99, including but not limited to any | ||||||
20 | covenant entered into with respect
to any revenue bonds or | ||||||
21 | similar instruments.
All procurements for which contracts are | ||||||
22 | solicited between the effective date
of Articles 50 and 99 and | ||||||
23 | July 1, 1998 shall be substantially in accordance
with this | ||||||
24 | Code and its intent.
|
| |||||||
| |||||||
1 | (b) This Code shall apply regardless of the source of the | ||||||
2 | funds with which
the contracts are paid, including federal | ||||||
3 | assistance moneys.
This Code shall
not apply to:
| ||||||
4 | (1) Contracts between the State and its political | ||||||
5 | subdivisions or other
governments, or between State | ||||||
6 | governmental bodies except as specifically
provided in | ||||||
7 | this Code.
| ||||||
8 | (2) Grants, except for the filing requirements of | ||||||
9 | Section 20-80.
| ||||||
10 | (3) Purchase of care.
| ||||||
11 | (4) Hiring of an individual as employee and not as an | ||||||
12 | independent
contractor, whether pursuant to an employment | ||||||
13 | code or policy or by contract
directly with that | ||||||
14 | individual.
| ||||||
15 | (5) Collective bargaining contracts.
| ||||||
16 | (6) Purchase of real estate, except that notice of this | ||||||
17 | type of contract with a value of more than $25,000 must be | ||||||
18 | published in the Procurement Bulletin within 7 days after | ||||||
19 | the deed is recorded in the county of jurisdiction. The | ||||||
20 | notice shall identify the real estate purchased, the names | ||||||
21 | of all parties to the contract, the value of the contract, | ||||||
22 | and the effective date of the contract.
| ||||||
23 | (7) Contracts necessary to prepare for anticipated | ||||||
24 | litigation, enforcement
actions, or investigations, | ||||||
25 | provided
that the chief legal counsel to the Governor shall | ||||||
26 | give his or her prior
approval when the procuring agency is |
| |||||||
| |||||||
1 | one subject to the jurisdiction of the
Governor, and | ||||||
2 | provided that the chief legal counsel of any other | ||||||
3 | procuring
entity
subject to this Code shall give his or her | ||||||
4 | prior approval when the procuring
entity is not one subject | ||||||
5 | to the jurisdiction of the Governor.
| ||||||
6 | (8) Contracts for
services to Northern Illinois | ||||||
7 | University by a person, acting as
an independent | ||||||
8 | contractor, who is qualified by education, experience, and
| ||||||
9 | technical ability and is selected by negotiation for the | ||||||
10 | purpose of providing
non-credit educational service | ||||||
11 | activities or products by means of specialized
programs | ||||||
12 | offered by the university.
| ||||||
13 | (9) Procurement expenditures by the Illinois | ||||||
14 | Conservation Foundation
when only private funds are used.
| ||||||
15 | (10) Procurement expenditures by the Illinois Health | ||||||
16 | Information Exchange Authority involving private funds | ||||||
17 | from the Health Information Exchange Fund. "Private funds" | ||||||
18 | means gifts, donations, and private grants. | ||||||
19 | (11) Public-private agreements entered into according | ||||||
20 | to the procurement requirements of Section 20 of the | ||||||
21 | Public-Private Partnerships for Transportation Act and | ||||||
22 | design-build agreements entered into according to the | ||||||
23 | procurement requirements of Section 25 of the | ||||||
24 | Public-Private Partnerships for Transportation Act. | ||||||
25 | (c) This Code does not apply to the electric power | ||||||
26 | procurement process provided for under Section 1-75 of the |
| |||||||
| |||||||
1 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
2 | Utilities Act. | ||||||
3 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
4 | and as expressly required by Section 9.1 of the Illinois | ||||||
5 | Lottery Law, the provisions of this Code do not apply to the | ||||||
6 | procurement process provided for under Section 9.1 of the | ||||||
7 | Illinois Lottery Law. | ||||||
8 | (e) This Code does not apply to the process used by the | ||||||
9 | Capital Development Board to retain a person or entity to | ||||||
10 | assist the Capital Development Board with its duties related to | ||||||
11 | the determination of costs of a clean coal SNG brownfield | ||||||
12 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
13 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
14 | the Public Utilities Act, including calculating the range of | ||||||
15 | capital costs, the range of operating and maintenance costs, or | ||||||
16 | the sequestration costs or monitoring the construction of clean | ||||||
17 | coal SNG brownfield facility for the full duration of | ||||||
18 | construction. | ||||||
19 | (f) This Code does not apply to the process used by the | ||||||
20 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
21 | agreement disputes between gas utilities and the clean coal SNG | ||||||
22 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
23 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
24 | 9-220 of the Public Utilities Act. | ||||||
25 | (g) (e) This Code does not apply to the processes used by | ||||||
26 | the Illinois Power Agency to retain a mediator to mediate |
| |||||||
| |||||||
1 | contract disputes between gas utilities and the clean coal SNG | ||||||
2 | facility and to retain an expert to assist in the review of | ||||||
3 | contracts under subsection (h) of Section 9-220 of the Public | ||||||
4 | Utilities Act. This Code does not apply to the process used by | ||||||
5 | the Illinois Commerce Commission to retain an expert to assist | ||||||
6 | in determining the actual incurred costs of the clean coal SNG | ||||||
7 | facility and the reasonableness of those costs as required | ||||||
8 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
9 | Act. | ||||||
10 | (h) Each chief procurement officer may access records | ||||||
11 | necessary to review whether a contract, purchase, or other | ||||||
12 | expenditure is or is not subject to the provisions of this | ||||||
13 | Code, unless such records would be subject to attorney-client | ||||||
14 | privilege. | ||||||
15 | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; | ||||||
16 | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | ||||||
17 | revised 9-7-11.)
| ||||||
18 | (30 ILCS 500/1-12 new) | ||||||
19 | Sec. 1-12. Applicability to artistic or musical services. | ||||||
20 | (a) This Code shall
not apply to procurement expenditures | ||||||
21 | necessary to provide artistic or musical services, | ||||||
22 | performances, or theatrical productions held at a venue | ||||||
23 | operated or leased by a State agency. | ||||||
24 | (b) Notice of each contract entered into by a State agency | ||||||
25 | that is related to the procurement of goods and services |
| |||||||
| |||||||
1 | identified in this Section shall be published in the Illinois | ||||||
2 | Procurement Bulletin within 14 days after contract execution. | ||||||
3 | The chief procurement officer shall prescribe the form and | ||||||
4 | content of the notice. Each State agency shall provide the | ||||||
5 | chief procurement officer, on a monthly basis, in the form and | ||||||
6 | content prescribed by the chief procurement officer, a report | ||||||
7 | of contracts that are related to the procurement of goods and | ||||||
8 | services identified in this Section. At a minimum, this report | ||||||
9 | shall include the name of the contractor, a description of the | ||||||
10 | supply or service provided, the total amount of the contract, | ||||||
11 | the term of the contract, and the exception to the Code | ||||||
12 | utilized. A copy of any or all of these contracts shall be made | ||||||
13 | available to the chief procurement officer immediately upon | ||||||
14 | request. The chief procurement officer shall submit a report to | ||||||
15 | the Governor and General Assembly no later than November 1 of | ||||||
16 | each year that shall include, at a minimum, an annual summary | ||||||
17 | of the monthly information reported to the chief procurement | ||||||
18 | officer. | ||||||
19 | (c)
This Section is repealed December 31, 2016. | ||||||
20 | (30 ILCS 500/1-13) | ||||||
21 | (Section scheduled to be repealed on December 31, 2014) | ||||||
22 | Sec. 1-13. Applicability to public institutions of higher | ||||||
23 | education. | ||||||
24 | (a) This Code shall apply to public institutions of higher | ||||||
25 | education, regardless of the source of the funds with which |
| |||||||
| |||||||
1 | contracts are paid, except as provided in this Section. | ||||||
2 | (b) Except as provided in this Section, this Code shall not | ||||||
3 | apply to procurements made by or on behalf of public | ||||||
4 | institutions of higher education for any of the following: | ||||||
5 | (1) Memberships in professional, academic, or athletic | ||||||
6 | organizations on behalf of a public institution of higher | ||||||
7 | education, an employee of a public institution of higher | ||||||
8 | education, or a student at a public institution of higher | ||||||
9 | education. | ||||||
10 | (2) Procurement expenditures for events or activities | ||||||
11 | paid for exclusively by revenues generated by the event or | ||||||
12 | activity, gifts or donations for the event or activity, | ||||||
13 | private grants, or any combination thereof. | ||||||
14 | (3) Procurement expenditures for events or activities | ||||||
15 | for which the use of specific vendors is mandated or | ||||||
16 | identified by the sponsor of the event or activity, | ||||||
17 | provided that the sponsor is providing a majority of the | ||||||
18 | funding for the event or activity. | ||||||
19 | (4) Procurement expenditures necessary to provide | ||||||
20 | artistic or musical services, performances, or productions | ||||||
21 | held at a venue operated by a public institution of higher | ||||||
22 | education. | ||||||
23 | (5) Procurement expenditures for periodicals and books | ||||||
24 | procured for use by a university library or academic | ||||||
25 | department, except for expenditures related to procuring | ||||||
26 | textbooks for student use or materials for resale or |
| |||||||
| |||||||
1 | rental. | ||||||
2 | Notice of each contract entered into by a public institution of | ||||||
3 | higher education that is related to the procurement of goods | ||||||
4 | and services identified in items (1) through (5) of this | ||||||
5 | subsection shall be published in the Procurement Bulletin | ||||||
6 | within 14 days after contract execution. The Chief Procurement | ||||||
7 | Officer shall prescribe the form and content of the notice. | ||||||
8 | Each public institution of higher education shall provide the | ||||||
9 | Chief Procurement Officer, on a monthly basis, in the form and | ||||||
10 | content prescribed by the Chief Procurement Officer, a report | ||||||
11 | of contracts that are related to the procurement of goods and | ||||||
12 | services identified in this subsection. At a minimum, this | ||||||
13 | report shall include the name of the contractor, a description | ||||||
14 | of the supply or service provided, the total amount of the | ||||||
15 | contract, the term of the contract, and the exception to the | ||||||
16 | Code utilized. A copy of any or all of these contracts shall be | ||||||
17 | made available to the Chief Procurement Officer immediately | ||||||
18 | upon request. The Chief Procurement Officer shall submit a | ||||||
19 | report to the Governor and General Assembly no later than | ||||||
20 | November 1 of each year that shall include, at a minimum, an | ||||||
21 | annual summary of the monthly information reported to the Chief | ||||||
22 | Procurement Officer. | ||||||
23 | (c) Procurements made by or on behalf of public | ||||||
24 | institutions of higher education for any of the following shall | ||||||
25 | be made in accordance with the requirements of this Code to the | ||||||
26 | extent practical as provided in this subsection: |
| |||||||
| |||||||
1 | (1) Contracts with a foreign entity necessary for | ||||||
2 | research or educational activities, provided that the | ||||||
3 | foreign entity either does not maintain an office in the | ||||||
4 | United States or is the sole source of the service or | ||||||
5 | product. | ||||||
6 | (2) Procurements of FDA-regulated goods, products, and | ||||||
7 | services necessary for the delivery of care and treatment | ||||||
8 | at medical, dental, or veterinary teaching facilities | ||||||
9 | utilized by the University of Illinois or Southern Illinois | ||||||
10 | University. | ||||||
11 | (3) Contracts for programming and broadcast license | ||||||
12 | rights for university-operated radio and television | ||||||
13 | stations. | ||||||
14 | (4) Procurements required for fulfillment of a grant. | ||||||
15 | Upon the written request of a public institution of higher | ||||||
16 | education, the Chief Procurement Officer may waive | ||||||
17 | registration, certification, and hearing requirements of this | ||||||
18 | Code if, based on the item to be procured or the terms of a | ||||||
19 | grant, compliance is impractical. The public institution of | ||||||
20 | higher education shall provide the Chief Procurement Officer | ||||||
21 | with specific reasons for the waiver, including the necessity | ||||||
22 | of contracting with a particular vendor, and shall certify that | ||||||
23 | an effort was made in good faith to comply with the provisions | ||||||
24 | of this Code. The Chief Procurement Officer shall provide | ||||||
25 | written justification for any waivers. By November 1 of each | ||||||
26 | year, the Chief Procurement Officer shall file a report with |
| |||||||
| |||||||
1 | the General Assembly identifying each contract approved with | ||||||
2 | waivers and providing the justification given for any waivers | ||||||
3 | for each of those contracts. Notice of each waiver made under | ||||||
4 | this subsection shall be published in the Procurement Bulletin | ||||||
5 | within 14 days after contract execution. The Chief Procurement | ||||||
6 | Officer shall prescribe the form and content of the notice. | ||||||
7 | (d) Notwithstanding this Section, a waiver of the | ||||||
8 | registration requirements of Section 20-160 does not permit a | ||||||
9 | business entity and any affiliated entities or affiliated | ||||||
10 | persons to make campaign contributions if otherwise prohibited | ||||||
11 | by Section 50-37. The total amount of contracts awarded in | ||||||
12 | accordance with this Section shall be included in determining | ||||||
13 | the aggregate amount of contracts or pending bids of a business | ||||||
14 | entity and any affiliated entities or affiliated persons. | ||||||
15 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
16 | this Code, the Chief Procurement Officer, with the approval of | ||||||
17 | the Executive Ethics Commission, may permit a public | ||||||
18 | institution of higher education to accept a bid or enter into a | ||||||
19 | contract with a business that assisted the public institution | ||||||
20 | of higher education in determining whether there is a need for | ||||||
21 | a contract or assisted in reviewing, drafting, or preparing | ||||||
22 | documents related to a bid or contract, provided that the bid | ||||||
23 | or contract is essential to research administered by the public | ||||||
24 | institution of higher education and it is in the best interest | ||||||
25 | of the public institution of higher education to accept the bid | ||||||
26 | or contract. For purposes of this subsection, "business" |
| |||||||
| |||||||
1 | includes all individuals with whom a business is affiliated, | ||||||
2 | including, but not limited to, any officer, agent, employee, | ||||||
3 | consultant, independent contractor, director, partner, | ||||||
4 | manager, or shareholder of a business. The Executive Ethics | ||||||
5 | Commission may promulgate rules and regulations for the | ||||||
6 | implementation and administration of the provisions of this | ||||||
7 | subsection (e). | ||||||
8 | (f) As used in this Section: | ||||||
9 | "Grant" means non-appropriated funding provided by a | ||||||
10 | federal or private entity to support a project or program | ||||||
11 | administered by a public institution of higher education and | ||||||
12 | any non-appropriated funding provided to a sub-recipient of the | ||||||
13 | grant. | ||||||
14 | "Public institution of higher education" means Chicago | ||||||
15 | State University, Eastern Illinois University, Governors State | ||||||
16 | University, Illinois State University, Northeastern Illinois | ||||||
17 | University, Northern Illinois University, Southern Illinois | ||||||
18 | University, University of Illinois, and Western Illinois | ||||||
19 | University , and, for purposes of this Code only, the Illinois | ||||||
20 | Mathematics and Science Academy . | ||||||
21 | (g) This Section is repealed on December 31, 2014.
| ||||||
22 | (Source: P.A. 97-643, eff. 12-20-11.) | ||||||
23 | (30 ILCS 500/1-15.107) | ||||||
24 | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | ||||||
25 | between a person and a person who has or is seeking a contract |
| |||||||
| |||||||
1 | subject to this Code, pursuant to which the subcontractor | ||||||
2 | provides to the contractor , or , if the contract price exceeds | ||||||
3 | $50,000, another subcontractor , some or all of the goods, | ||||||
4 | services, real property, remuneration, or other monetary forms | ||||||
5 | of consideration that are the subject of the primary contract | ||||||
6 | and includes, among other things, subleases from a lessee of a | ||||||
7 | State agency.
| ||||||
8 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
9 | for the effective date of P.A. 96-795) .) | ||||||
10 | (30 ILCS 500/1-15.108) | ||||||
11 | Sec. 1-15.108. Subcontractor. "Subcontractor" means a | ||||||
12 | person or entity that enters into a contractual agreement with | ||||||
13 | a total value of $50,000 $25,000 or more with a person or | ||||||
14 | entity who has or is seeking a contract subject to this Code | ||||||
15 | pursuant to which the person or entity provides some or all of | ||||||
16 | the goods, services, real property, remuneration, or other | ||||||
17 | monetary forms of consideration that are the subject of the | ||||||
18 | primary State contract, including subleases from a lessee of a | ||||||
19 | State contract.
| ||||||
20 | (Source: P.A. 96-920, eff. 7-1-10.)
| ||||||
21 | (30 ILCS 500/5-5)
| ||||||
22 | Sec. 5-5. Procurement Policy Board.
| ||||||
23 | (a) Creation. There is created a Procurement Policy Board, | ||||||
24 | an agency of the State of Illinois.
|
| |||||||
| |||||||
1 | (b) Authority and duties. The Board shall have the
| ||||||
2 | authority and responsibility to
review, comment upon, and | ||||||
3 | recommend, consistent with this Code, rules and
practices | ||||||
4 | governing the
procurement, management, control,
and disposal | ||||||
5 | of supplies, services, professional or artistic
services, | ||||||
6 | construction, and real
property and capital improvement leases | ||||||
7 | procured by the State.
The Board shall also have the authority | ||||||
8 | to recommend a program for professional development and provide | ||||||
9 | opportunities for training in procurement practices and | ||||||
10 | policies to chief procurement officers and their staffs in | ||||||
11 | order to ensure that all procurement is conducted in an | ||||||
12 | efficient, professional, and appropriately transparent manner. | ||||||
13 | Upon a three-fifths vote of its members, the Board may | ||||||
14 | review a
contract.
Upon a three-fifths vote of its members, the | ||||||
15 | Board may propose procurement
rules for consideration by chief | ||||||
16 | procurement officers. These proposals shall
be published in | ||||||
17 | each volume of the Procurement Bulletin.
Except as otherwise | ||||||
18 | provided by law, the Board shall act upon the vote of a
| ||||||
19 | majority of its members who have been appointed and are | ||||||
20 | serving.
| ||||||
21 | (b-5) Reviews, studies, and hearings. The Board may review, | ||||||
22 | study, and hold public hearings concerning the implementation | ||||||
23 | and administration of this Code. Each chief procurement | ||||||
24 | officer, State purchasing officer, procurement compliance | ||||||
25 | monitor, and State agency shall cooperate with the Board, | ||||||
26 | provide information to the Board, and be responsive to the |
| |||||||
| |||||||
1 | Board in the Board's conduct of its reviews, studies, and | ||||||
2 | hearings.
| ||||||
3 | (c) Members. The Board shall consist of 5 members
appointed | ||||||
4 | one each by the 4 legislative leaders and
the Governor.
Each
| ||||||
5 | member shall have demonstrated sufficient business or | ||||||
6 | professional
experience in the area of
procurement to perform | ||||||
7 | the functions of the Board. No member may be a member
of the | ||||||
8 | General Assembly.
| ||||||
9 | (d) Terms. Of the initial appointees, the Governor shall
| ||||||
10 | designate one member, as Chairman, to serve
a one-year term, | ||||||
11 | the President of the Senate and the Speaker of the House shall
| ||||||
12 | each appoint one member to serve 3-year terms, and the Minority | ||||||
13 | Leader of the
House
and the Minority Leader of the Senate shall | ||||||
14 | each
appoint one member to serve 2-year terms. Subsequent
terms | ||||||
15 | shall be 4 years. Members may be reappointed for
succeeding | ||||||
16 | terms.
| ||||||
17 | (e) Reimbursement. Members shall receive no compensation
| ||||||
18 | but shall be reimbursed
for any expenses reasonably incurred in | ||||||
19 | the performance of their
duties.
| ||||||
20 | (f) Staff support. Upon a three-fifths vote of its members, | ||||||
21 | the Board may
employ an executive director. Subject to | ||||||
22 | appropriation, the
Board also may employ a reasonable and | ||||||
23 | necessary number of staff persons.
| ||||||
24 | (g) Meetings. Meetings of the Board may be conducted | ||||||
25 | telephonically,
electronically, or through the use of other | ||||||
26 | telecommunications.
Written minutes of such meetings shall be
|
| |||||||
| |||||||
1 | created and available for public inspection and copying.
| ||||||
2 | (h) Procurement recommendations. Upon a three-fifths vote | ||||||
3 | of its members, the Board may review a proposal, bid, or | ||||||
4 | contract and issue a recommendation to void a contract or | ||||||
5 | reject a proposal or bid based on any violation of this Code or | ||||||
6 | the existence of a conflict of interest as described in | ||||||
7 | subsections (b) and (d) of Section 50-35. A chief procurement | ||||||
8 | officer or State purchasing officer shall notify the Board if | ||||||
9 | an alleged a conflict of interest or violation of the Code is | ||||||
10 | identified, discovered, or reasonably suspected to exist. Any | ||||||
11 | person or entity may notify the Board of an alleged a conflict | ||||||
12 | of interest or violation of the Code . A recommendation of the | ||||||
13 | Board shall be delivered to the appropriate chief procurement | ||||||
14 | officer and Executive Ethics Commission within 5 days and must | ||||||
15 | be published in the next volume of the Procurement Bulletin. In | ||||||
16 | the event that an alleged conflict of interest or violation of | ||||||
17 | the
Code that was not originally disclosed with the bid, offer, | ||||||
18 | or proposal is identified and filed with the Board, the
Board | ||||||
19 | shall provide written notice of the alleged conflict of | ||||||
20 | interest or violation to the contractor or subcontractor on | ||||||
21 | that contract. If
the alleged conflict of interest or violation | ||||||
22 | is by the subcontractor, written notice shall also be provided | ||||||
23 | to the contractor. The
contractor or subcontractor shall have | ||||||
24 | 15 days to provide a written response to the notice, and a | ||||||
25 | hearing before
the Board on the alleged conflict of interest or | ||||||
26 | violation shall be held upon request by the contractor or |
| |||||||
| |||||||
1 | subcontractor. The requested hearing date and time shall
be | ||||||
2 | determined by the Board, but in no event shall the hearing | ||||||
3 | occur later than 15 days after the date of the request. | ||||||
4 | (i) After providing notice and a hearing as required by | ||||||
5 | subsection (h), the The Board shall refer any alleged | ||||||
6 | violations of this Code to the Executive Inspector General in | ||||||
7 | addition to or instead of issuing a recommendation to void a | ||||||
8 | contract. | ||||||
9 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
10 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
11 | (30 ILCS 500/10-10)
| ||||||
12 | Sec. 10-10. Independent State purchasing officers. | ||||||
13 | (a) The chief procurement officer shall
appoint a State | ||||||
14 | purchasing officer for each agency that the chief procurement | ||||||
15 | officer is responsible for under Section 1-15.15. A State | ||||||
16 | purchasing officer shall be located in the State agency that | ||||||
17 | the officer serves but shall report to his or her respective | ||||||
18 | chief procurement officer. The State purchasing officer shall | ||||||
19 | have direct communication with agency staff assigned to assist | ||||||
20 | with any procurement process. At the direction of his or her | ||||||
21 | respective chief procurement officer, a State purchasing | ||||||
22 | officer shall have the authority to approve or reject enter | ||||||
23 | into contracts for a purchasing agency. If the State purchasing | ||||||
24 | officer provides written approval of the contract, the head of | ||||||
25 | the applicable State agency shall have the authority to sign |
| |||||||
| |||||||
1 | and enter into that contract. All actions of a State purchasing | ||||||
2 | officer are subject to review by a chief procurement officer in | ||||||
3 | accordance with procedures and policies established by the | ||||||
4 | chief procurement officer. | ||||||
5 | (b) In addition to any other requirement or qualification | ||||||
6 | required by State law, within 30 18 months after appointment, a | ||||||
7 | State purchasing officer must be a Certified Professional | ||||||
8 | Public Buyer or a Certified Public Purchasing Officer, pursuant | ||||||
9 | to certification by the Universal Public Purchasing | ||||||
10 | Certification Council. A State purchasing officer shall serve a | ||||||
11 | term of 5 years beginning on the date of the officer's | ||||||
12 | appointment. A State purchasing officer shall have an office | ||||||
13 | located in the State agency that the officer serves but shall | ||||||
14 | report to the chief procurement officer. A State purchasing | ||||||
15 | officer may be removed by a chief procurement officer for cause | ||||||
16 | after a hearing by the Executive Ethics Commission. The chief | ||||||
17 | procurement officer or executive officer of the State agency | ||||||
18 | housing the State purchasing officer may institute a complaint | ||||||
19 | against the State purchasing officer by filing such a complaint | ||||||
20 | with the Commission and the Commission shall have a public | ||||||
21 | hearing based on the complaint. The State purchasing officer, | ||||||
22 | chief procurement officer, and executive officer of the State | ||||||
23 | agency shall receive notice of the hearing and shall be | ||||||
24 | permitted to present their respective arguments on the | ||||||
25 | complaint. After the hearing, the Commission shall make a | ||||||
26 | non-binding recommendation on whether the State purchasing |
| |||||||
| |||||||
1 | officer shall be removed. The salary of a State purchasing | ||||||
2 | officer shall be established by the chief procurement officer | ||||||
3 | and may not be diminished during the officer's term. In the | ||||||
4 | absence of an appointed State purchasing
officer, the | ||||||
5 | applicable
chief procurement officer shall exercise the | ||||||
6 | procurement authority created by
this Code and may appoint a | ||||||
7 | temporary acting State purchasing officer.
| ||||||
8 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
9 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
10 | (30 ILCS 500/10-15)
| ||||||
11 | Sec. 10-15. Procurement compliance monitors. | ||||||
12 | (a) The Executive Ethics Commission shall appoint | ||||||
13 | procurement compliance monitors to oversee and review the | ||||||
14 | procurement processes. Each procurement compliance monitor | ||||||
15 | shall serve a term of 5 years beginning on the date of the | ||||||
16 | officer's appointment. Each procurement compliance monitor | ||||||
17 | shall have an office located in the State agency that the | ||||||
18 | monitor serves but shall report to the appropriate chief | ||||||
19 | procurement officer. The compliance monitor shall have direct | ||||||
20 | communications with the executive officer of a State agency in | ||||||
21 | exercising duties. A procurement compliance monitor may be | ||||||
22 | removed only for cause after a hearing by the Executive Ethics | ||||||
23 | Commission. The appropriate chief procurement officer or | ||||||
24 | executive officer of the State agency housing the procurement | ||||||
25 | compliance monitor may institute a complaint against the |
| |||||||
| |||||||
1 | procurement compliance monitor with the Commission and the | ||||||
2 | Commission shall hold a public hearing based on the complaint. | ||||||
3 | The procurement compliance monitor, State purchasing officer, | ||||||
4 | appropriate chief procurement officer, and executive officer | ||||||
5 | of the State agency shall receive notice of the hearing and | ||||||
6 | shall be permitted to present their respective arguments on the | ||||||
7 | complaint. After the hearing, the Commission shall determine | ||||||
8 | whether the procurement compliance monitor shall be removed. | ||||||
9 | The salary of a procurement compliance monitor shall be | ||||||
10 | established by the Executive Ethics Commission and may not be | ||||||
11 | diminished during the officer's term. | ||||||
12 | (b) The procurement compliance monitor shall: (i) review | ||||||
13 | any procurement, contract, or contract amendment as directed by | ||||||
14 | the Executive Ethics Commission or a chief procurement officer; | ||||||
15 | and (ii) report any findings of the review, in writing, to the | ||||||
16 | Commission, the affected agency, the chief procurement officer | ||||||
17 | responsible for the affected agency, and any entity requesting | ||||||
18 | the review. The procurement compliance monitor may: (i) review | ||||||
19 | each contract or contract amendment prior to execution to | ||||||
20 | ensure that applicable procurement and contracting standards | ||||||
21 | were followed; (ii) attend any procurement meetings; (iii) | ||||||
22 | access any records or files related to procurement; (iv) issue | ||||||
23 | reports to the chief procurement officer on procurement issues | ||||||
24 | that present issues or that have not been corrected after | ||||||
25 | consultation with appropriate State officials; (v) ensure the | ||||||
26 | State agency is maintaining appropriate records; and (vi) |
| |||||||
| |||||||
1 | ensure transparency of the procurement process. | ||||||
2 | (c) If the procurement compliance monitor is aware of | ||||||
3 | misconduct, waste, or inefficiency with respect to State | ||||||
4 | procurement, the procurement compliance monitor shall advise | ||||||
5 | the State agency of the issue in writing . If the State agency | ||||||
6 | does not correct the issue, the monitor shall report the | ||||||
7 | problem , in writing, to the chief procurement officer and | ||||||
8 | Inspector General.
| ||||||
9 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
10 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
11 | (30 ILCS 500/15-1)
| ||||||
12 | Sec. 15-1. Publisher. Each chief procurement officer, in | ||||||
13 | consultation with the agencies under his or her jurisdiction, | ||||||
14 | possesses the rights to and is the authority The Department of | ||||||
15 | Central Management Services
is the State agency responsible for | ||||||
16 | publishing its volume volumes of the
Illinois Procurement | ||||||
17 | Bulletin. The Capital Development Board is responsible
for | ||||||
18 | publishing its volumes of the Illinois Procurement Bulletin. | ||||||
19 | The
Department
of Transportation is responsible for publishing | ||||||
20 | its volumes of the
Illinois Procurement Bulletin.
The higher | ||||||
21 | education chief procurement officer is responsible for | ||||||
22 | publishing
the higher education volumes of the Illinois | ||||||
23 | Procurement Bulletin. The Illinois Power Agency is the State | ||||||
24 | agency responsible for publishing its volumes of the Illinois | ||||||
25 | Procurement Bulletin.
|
| |||||||
| |||||||
1 | Each volume of the Illinois Procurement Bulletin shall be | ||||||
2 | available
electronically and may be available in print. | ||||||
3 | References in this Code to the
publication and
distribution of | ||||||
4 | the Illinois Procurement Bulletin include both its print and
| ||||||
5 | electronic formats.
| ||||||
6 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
7 | (30 ILCS 500/15-25) | ||||||
8 | Sec. 15-25. Bulletin content. | ||||||
9 | (a) Invitations for bids. Notice of each and every contract | ||||||
10 | that is
offered, including renegotiated contracts and change | ||||||
11 | orders,
shall be published in the Bulletin, and all businesses | ||||||
12 | listed on the Department of Transportation Disadvantaged | ||||||
13 | Business Enterprise Directory, the Department of Central | ||||||
14 | Management Services Business Enterprise Program and Small | ||||||
15 | Business Vendors Directory, and the Capital Development | ||||||
16 | Board's Directory of Certified Minority and Female Business | ||||||
17 | Enterprises shall be furnished written instructions and | ||||||
18 | information on how to register on each Procurement Bulletin | ||||||
19 | maintained by the State. Such information shall be provided to | ||||||
20 | each business within 30 days after the business' notice of | ||||||
21 | certification. The applicable chief procurement officer
may | ||||||
22 | provide by rule an organized format for the publication of this
| ||||||
23 | information, but in any case it must include at least the date | ||||||
24 | first offered,
the date submission of offers is due, the | ||||||
25 | location that offers are to be
submitted to, the purchasing |
| |||||||
| |||||||
1 | State agency, the responsible State purchasing
officer, a brief | ||||||
2 | purchase description, the method of source selection,
| ||||||
3 | information of how to obtain a comprehensive purchase | ||||||
4 | description and any
disclosure and contract forms, and | ||||||
5 | encouragement to prospective vendors to hire qualified | ||||||
6 | veterans, as defined by Section 45-67 of this Code, and | ||||||
7 | qualified Illinois minorities, women, persons with | ||||||
8 | disabilities, and residents discharged from any Illinois adult | ||||||
9 | correctional center. | ||||||
10 | (b) Contracts let. Notice of each and every contract that | ||||||
11 | is let, including renegotiated contracts and change orders, | ||||||
12 | shall be issued electronically to those bidders or offerors | ||||||
13 | submitting responses to the solicitations, inclusive of the | ||||||
14 | unsuccessful bidders, immediately upon contract let. Failure | ||||||
15 | of any chief procurement officer to give such notice shall | ||||||
16 | result in tolling the time for filing a bid protest up to 5 | ||||||
17 | business days. The apparent low bidder's award and all other | ||||||
18 | bids from bidders responding to solicitations shall be posted | ||||||
19 | on the agency's website the next business day.
| ||||||
20 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
21 | that is awarded, including renegotiated contracts and change | ||||||
22 | orders, shall be issued electronically to the successful | ||||||
23 | responsible bidder or offeror, posted on the agency's website | ||||||
24 | the next business day, and published in the next available | ||||||
25 | subsequent Bulletin. The applicable chief procurement officer | ||||||
26 | may provide by rule an organized format for the publication of |
| |||||||
| |||||||
1 | this information, but in any case it must include at least all | ||||||
2 | of the information specified in subsection (a) as well as the | ||||||
3 | name of the successful responsible bidder or offeror, the | ||||||
4 | contract price, the number of unsuccessful responsive bidders, | ||||||
5 | and any other disclosure specified in any Section of this Code. | ||||||
6 | This notice must be posted in the online electronic Bulletin | ||||||
7 | prior to execution of the contract. | ||||||
8 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
9 | officer or State
purchasing officer exercising emergency | ||||||
10 | purchase authority under
this Code shall publish a written | ||||||
11 | description and reasons and the total cost,
if known, or an | ||||||
12 | estimate if unknown and the name of the responsible chief
| ||||||
13 | procurement officer and State purchasing officer, and the | ||||||
14 | business or person
contracted with for all emergency purchases | ||||||
15 | in
the next timely, practicable Bulletin. This notice must be | ||||||
16 | posted in the online electronic Bulletin no later than 3 | ||||||
17 | business days after the contract is awarded.
Notice of a | ||||||
18 | hearing to extend an emergency contract must be posted in the | ||||||
19 | online electronic Procurement Bulletin no later than 5 business | ||||||
20 | days prior to the hearing. | ||||||
21 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
22 | agency shall , with the assistance of the applicable chief | ||||||
23 | procurement officer, post in the online electronic Bulletin a | ||||||
24 | copy of its annual report of utilization of businesses owned by | ||||||
25 | minorities, females, and persons with disabilities as | ||||||
26 | submitted to the Business Enterprise Council for Minorities, |
| |||||||
| |||||||
1 | Females, and Persons with Disabilities pursuant to Section 6(c) | ||||||
2 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
3 | with Disabilities Act within 10 business days after its | ||||||
4 | submission of its report to the Council.
| ||||||
5 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
6 | posted in the online electronic Bulletin within 10 business | ||||||
7 | days of the determination to renew the contract and the next | ||||||
8 | available subsequent Bulletin. The notice shall include at | ||||||
9 | least all of the information required in subsection (b).
| ||||||
10 | (c-15) Sole source procurements. Before entering into a | ||||||
11 | sole source contract, a chief procurement officer exercising | ||||||
12 | sole source procurement authority under this Code shall publish | ||||||
13 | a written description of intent to enter into a sole source | ||||||
14 | contract along with a description of the item to be procured | ||||||
15 | and the intended sole source contractor. This notice must be | ||||||
16 | posted in the online electronic Procurement Bulletin before a | ||||||
17 | sole source contract is awarded and at least 14 days before the | ||||||
18 | hearing required by Section 20-25. | ||||||
19 | (d) Other required disclosure. The applicable chief | ||||||
20 | procurement officer
shall provide by rule for the organized | ||||||
21 | publication of all other disclosure
required in other Sections | ||||||
22 | of this Code in a timely manner. | ||||||
23 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
24 | (c-15) of this Section made by this amendatory Act of the 96th | ||||||
25 | General Assembly apply to reports submitted, offers made, and | ||||||
26 | notices on contracts executed on or after its effective date.
|
| |||||||
| |||||||
1 | (f) Each The Department of Central Management Services, the | ||||||
2 | Capital Development Board, the Department of Transportation, | ||||||
3 | and the higher education chief procurement officer shall , in | ||||||
4 | consultation with the agencies under his or her jurisdiction, | ||||||
5 | provide the Procurement Policy Board with the information and | ||||||
6 | resources necessary, and in a manner, to effectuate the purpose | ||||||
7 | of this amendatory Act of the 96th General Assembly. | ||||||
8 | (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | ||||||
9 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
10 | by P.A. 96-795); 96-1444, eff. 8-20-10.) | ||||||
11 | (30 ILCS 500/15-30) | ||||||
12 | Sec. 15-30. Electronic Bulletin clearinghouse. | ||||||
13 | (a) The Procurement Policy Board shall maintain on its | ||||||
14 | official website a searchable database containing all | ||||||
15 | information required to be included in the Illinois Procurement | ||||||
16 | Bulletin under subsections (b), (c), (c-10), and (c-15) of | ||||||
17 | Section 15-25 and all information required to be disclosed | ||||||
18 | under Section 50-41. The posting of procurement information on | ||||||
19 | the website is subject to the same posting requirements as the | ||||||
20 | online electronic Bulletin. | ||||||
21 | (b) For the purposes of this Section, searchable means | ||||||
22 | searchable and sortable by successful responsible bidder or | ||||||
23 | offeror or, for emergency purchases, business or person | ||||||
24 | contracted with; the contract price or total cost; the service | ||||||
25 | or good; the purchasing State agency; and the date first |
| |||||||
| |||||||
1 | offered or announced. | ||||||
2 | (c) The applicable chief procurement officer shall provide | ||||||
3 | the Procurement Policy Board the information and resources | ||||||
4 | necessary, and in a manner, to effectuate the purpose of this | ||||||
5 | Section.
| ||||||
6 | (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | ||||||
7 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
8 | by P.A. 96-795) .) | ||||||
9 | (30 ILCS 500/15-35 new) | ||||||
10 | Sec. 15-35. Vendor portal. Each chief procurement officer | ||||||
11 | may, in consultation with the agencies under his or her | ||||||
12 | jurisdiction and the Procurement Policy Board, establish a | ||||||
13 | vendor portal. The vendor portal shall allow a prospective | ||||||
14 | vendor to provide certifications, disclosures, registrations, | ||||||
15 | and other documentation needed to do business with a State | ||||||
16 | agency in advance of any particular procurement. A prospective | ||||||
17 | vendor who registers with the vendor portal and provides this | ||||||
18 | information may submit its registration number, with a | ||||||
19 | confirmation that the portal information remains current, as | ||||||
20 | part of its response to a competitive selection or a | ||||||
21 | contracting process, rather than submit the same information in | ||||||
22 | full. One or more chief procurement officers may jointly | ||||||
23 | operate a vendor portal if a single portal would better serve | ||||||
24 | the needs of the State agencies and the vendor community. A | ||||||
25 | chief procurement officer may accept, for use on procurements |
| |||||||
| |||||||
1 | and contracts under his or her jurisdiction, the registration | ||||||
2 | from another chief procurement officer's vendor portal. This | ||||||
3 | Section applies notwithstanding any laws to the contrary except | ||||||
4 | for later enacted laws that specifically refer to this Section. | ||||||
5 | Nothing in this Section shall preclude a State agency from | ||||||
6 | implementing its own pre-qualification, certification, | ||||||
7 | disclosure, and registration requirements necessary to conduct | ||||||
8 | and manage its program operation. | ||||||
9 | This Section does not apply to any contract for any project | ||||||
10 | as to which federal funds are available for expenditure when | ||||||
11 | its provisions may be in conflict with federal law or federal | ||||||
12 | regulation.
| ||||||
13 | (30 ILCS 500/20-10)
| ||||||
14 | (Text of Section from P.A. 96-159, 96-588, 97-96, and | ||||||
15 | 97-198) | ||||||
16 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
17 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
18 | competitive sealed bidding
except as otherwise provided in | ||||||
19 | Section 20-5.
| ||||||
20 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
21 | issued and shall include a
purchase description and the | ||||||
22 | material contractual terms and
conditions applicable to the
| ||||||
23 | procurement.
| ||||||
24 | (c) Public notice. Public notice of the invitation for bids | ||||||
25 | shall be
published in the Illinois Procurement Bulletin at |
| |||||||
| |||||||
1 | least 14 days before the date
set in the invitation for the | ||||||
2 | opening of bids.
| ||||||
3 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
4 | presence of one or more witnesses
at the time and place | ||||||
5 | designated in the invitation for bids. The
name of each bidder, | ||||||
6 | the amount
of each bid, and other relevant information as may | ||||||
7 | be specified by
rule shall be
recorded. After the award of the | ||||||
8 | contract, the winning bid and the
record of each unsuccessful | ||||||
9 | bid shall be open to
public inspection.
| ||||||
10 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
11 | unconditionally accepted without
alteration or correction, | ||||||
12 | except as authorized in this Code. Bids
shall be evaluated | ||||||
13 | based on the
requirements set forth in the invitation for bids, | ||||||
14 | which may
include criteria to determine
acceptability such as | ||||||
15 | inspection, testing, quality, workmanship,
delivery, and | ||||||
16 | suitability for a
particular purpose. Those criteria that will | ||||||
17 | affect the bid price
and be considered in evaluation
for award, | ||||||
18 | such as discounts, transportation costs, and total or
life | ||||||
19 | cycle costs, shall be
objectively measurable. The invitation | ||||||
20 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
21 | (f) Correction or withdrawal of bids. Correction or
| ||||||
22 | withdrawal of inadvertently
erroneous bids before or after | ||||||
23 | award, or cancellation of awards of
contracts based on bid
| ||||||
24 | mistakes, shall be permitted in accordance with rules.
After | ||||||
25 | bid opening, no
changes in bid prices or other provisions of | ||||||
26 | bids prejudicial to
the interest of the State or fair
|
| |||||||
| |||||||
1 | competition shall be permitted. All decisions to permit the
| ||||||
2 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
3 | supported by written determination
made by a State purchasing | ||||||
4 | officer.
| ||||||
5 | (g) Award. The contract shall be awarded with reasonable
| ||||||
6 | promptness by written notice
to the lowest responsible and | ||||||
7 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
8 | set forth in the invitation for bids, except when a State | ||||||
9 | purchasing officer
determines it is not in the best interest of | ||||||
10 | the State and by written
explanation determines another bidder | ||||||
11 | shall receive the award. The explanation
shall appear in the | ||||||
12 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
13 | written explanation must include:
| ||||||
14 | (1) a description of the agency's needs; | ||||||
15 | (2) a determination that the anticipated cost will be | ||||||
16 | fair and reasonable; | ||||||
17 | (3) a listing of all responsible and responsive | ||||||
18 | bidders; and | ||||||
19 | (4) the name of the bidder selected, the total contract | ||||||
20 | price, and the reasons for selecting that bidder. | ||||||
21 | Each chief procurement officer may adopt guidelines to | ||||||
22 | implement the requirements of this subsection (g). | ||||||
23 | The written explanation shall be filed with the Legislative | ||||||
24 | Audit Commission and the Procurement Policy Board, and be made | ||||||
25 | available for inspection by the public, within 30 days after | ||||||
26 | the agency's decision to award the contract. |
| |||||||
| |||||||
1 | (h) Multi-step sealed bidding. When it is considered
| ||||||
2 | impracticable to initially prepare
a purchase description to | ||||||
3 | support an award based on price, an
invitation for bids may be | ||||||
4 | issued
requesting the submission of unpriced offers to be | ||||||
5 | followed by an
invitation for bids limited to
those bidders | ||||||
6 | whose offers have been qualified under the criteria
set forth | ||||||
7 | in the first solicitation.
| ||||||
8 | (i) Alternative procedures. Notwithstanding any other | ||||||
9 | provision of this Act to the contrary, the Director of the | ||||||
10 | Illinois Power Agency may create alternative bidding | ||||||
11 | procedures to be used in procuring professional services under | ||||||
12 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
13 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
14 | of the Public Utilities Act and to procure renewable energy | ||||||
15 | resources under Section 1-56 of the Illinois Power Agency Act. | ||||||
16 | These alternative procedures shall be set forth together with | ||||||
17 | the other criteria contained in the invitation for bids, and | ||||||
18 | shall appear in the appropriate volume of the Illinois | ||||||
19 | Procurement Bulletin.
| ||||||
20 | (j) Reverse auction. Notwithstanding any other provision | ||||||
21 | of this Section and in accordance with rules adopted by the | ||||||
22 | Director of Central Management Services as chief procurement | ||||||
23 | officer, a State purchasing officer under that chief | ||||||
24 | procurement officer officer's jurisdiction may procure | ||||||
25 | supplies or services through a competitive electronic auction | ||||||
26 | bidding process after the purchasing officer explains in |
| |||||||
| |||||||
1 | writing to the chief procurement officer determines his or her | ||||||
2 | determination that the use of such a process will be in the | ||||||
3 | best interest of the State. The chief procurement officer shall | ||||||
4 | publish that determination in his or her next volume of the | ||||||
5 | Illinois Procurement Bulletin. | ||||||
6 | An invitation for bids shall be issued and shall include | ||||||
7 | (i) a procurement description, (ii) all contractual terms, | ||||||
8 | whenever practical, and (iii) conditions applicable to the | ||||||
9 | procurement, including a notice that bids will be received in | ||||||
10 | an electronic auction manner. | ||||||
11 | Public notice of the invitation for bids shall be given in | ||||||
12 | the same manner as provided in subsection (c). | ||||||
13 | Bids shall be accepted electronically at the time and in | ||||||
14 | the manner designated in the invitation for bids. During the | ||||||
15 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
16 | Bidders shall have the opportunity to reduce their bid prices | ||||||
17 | during the auction. At the conclusion of the auction, the | ||||||
18 | record of the bid prices received and the name of each bidder | ||||||
19 | shall be open to public inspection. | ||||||
20 | After the auction period has terminated, withdrawal of bids | ||||||
21 | shall be permitted as provided in subsection (f). | ||||||
22 | The contract shall be awarded within 60 days after the | ||||||
23 | auction by written notice to the lowest responsible bidder, or | ||||||
24 | all bids shall be rejected except as otherwise provided in this | ||||||
25 | Code. Extensions of the date for the award may be made by | ||||||
26 | mutual written consent of the State purchasing officer and the |
| |||||||
| |||||||
1 | lowest responsible bidder. | ||||||
2 | This subsection does not apply to (i) procurements of | ||||||
3 | professional and artistic services, (ii) including but not | ||||||
4 | limited to telecommunications services, communication | ||||||
5 | communications services, Internet services, and information | ||||||
6 | services, and (iii) (ii) contracts for construction projects , | ||||||
7 | including design professional services . | ||||||
8 | (Source: P.A. 95-481, eff. 8-28-07; 96-159, eff. 8-10-09; | ||||||
9 | 96-588, eff. 8-18-09; 97-96, eff. 7-13-11.)
| ||||||
10 | (Text of Section from P.A. 96-159, 96-795, 97-96, and | ||||||
11 | 97-198)
| ||||||
12 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
13 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
14 | competitive sealed bidding
except as otherwise provided in | ||||||
15 | Section 20-5.
| ||||||
16 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
17 | issued and shall include a
purchase description and the | ||||||
18 | material contractual terms and
conditions applicable to the
| ||||||
19 | procurement.
| ||||||
20 | (c) Public notice. Public notice of the invitation for bids | ||||||
21 | shall be
published in the Illinois Procurement Bulletin at | ||||||
22 | least 14 days before the date
set in the invitation for the | ||||||
23 | opening of bids.
| ||||||
24 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
25 | presence of one or more witnesses
at the time and place |
| |||||||
| |||||||
1 | designated in the invitation for bids. The
name of each bidder, | ||||||
2 | the amount
of each bid, and other relevant information as may | ||||||
3 | be specified by
rule shall be
recorded. After the award of the | ||||||
4 | contract, the winning bid and the
record of each unsuccessful | ||||||
5 | bid shall be open to
public inspection.
| ||||||
6 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
7 | unconditionally accepted without
alteration or correction, | ||||||
8 | except as authorized in this Code. Bids
shall be evaluated | ||||||
9 | based on the
requirements set forth in the invitation for bids, | ||||||
10 | which may
include criteria to determine
acceptability such as | ||||||
11 | inspection, testing, quality, workmanship,
delivery, and | ||||||
12 | suitability for a
particular purpose. Those criteria that will | ||||||
13 | affect the bid price
and be considered in evaluation
for award, | ||||||
14 | such as discounts, transportation costs, and total or
life | ||||||
15 | cycle costs, shall be
objectively measurable. The invitation | ||||||
16 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
17 | (f) Correction or withdrawal of bids. Correction or
| ||||||
18 | withdrawal of inadvertently
erroneous bids before or after | ||||||
19 | award, or cancellation of awards of
contracts based on bid
| ||||||
20 | mistakes, shall be permitted in accordance with rules.
After | ||||||
21 | bid opening, no
changes in bid prices or other provisions of | ||||||
22 | bids prejudicial to
the interest of the State or fair
| ||||||
23 | competition shall be permitted. All decisions to permit the
| ||||||
24 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
25 | supported by written determination
made by a State purchasing | ||||||
26 | officer.
|
| |||||||
| |||||||
1 | (g) Award. The contract shall be awarded with reasonable
| ||||||
2 | promptness by written notice
to the lowest responsible and | ||||||
3 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
4 | set forth in the invitation for bids, except when a State | ||||||
5 | purchasing officer
determines it is not in the best interest of | ||||||
6 | the State and by written
explanation determines another bidder | ||||||
7 | shall receive the award. The explanation
shall appear in the | ||||||
8 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
9 | written explanation must include:
| ||||||
10 | (1) a description of the agency's needs; | ||||||
11 | (2) a determination that the anticipated cost will be | ||||||
12 | fair and reasonable; | ||||||
13 | (3) a listing of all responsible and responsive | ||||||
14 | bidders; and | ||||||
15 | (4) the name of the bidder selected, the total contract | ||||||
16 | price pricing , and the reasons for selecting that bidder. | ||||||
17 | Each chief procurement officer may adopt guidelines to | ||||||
18 | implement the requirements of this subsection (g). | ||||||
19 | The written explanation shall be filed with the Legislative | ||||||
20 | Audit Commission and the Procurement Policy Board , and be made | ||||||
21 | available for inspection by the public , within 30 days after | ||||||
22 | the agency's decision to award the contract. | ||||||
23 | (h) Multi-step sealed bidding. When it is considered
| ||||||
24 | impracticable to initially prepare
a purchase description to | ||||||
25 | support an award based on price, an
invitation for bids may be | ||||||
26 | issued
requesting the submission of unpriced offers to be |
| |||||||
| |||||||
1 | followed by an
invitation for bids limited to
those bidders | ||||||
2 | whose offers have been qualified under the criteria
set forth | ||||||
3 | in the first solicitation.
| ||||||
4 | (i) Alternative procedures. Notwithstanding any other | ||||||
5 | provision of this Act to the contrary, the Director of the | ||||||
6 | Illinois Power Agency may create alternative bidding | ||||||
7 | procedures to be used in procuring professional services under | ||||||
8 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
9 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
10 | of the Public Utilities Act and to procure renewable energy | ||||||
11 | resources under Section 1-56 of the Illinois Power Agency Act. | ||||||
12 | These alternative procedures shall be set forth together with | ||||||
13 | the other criteria contained in the invitation for bids, and | ||||||
14 | shall appear in the appropriate volume of the Illinois | ||||||
15 | Procurement Bulletin.
| ||||||
16 | (j) Reverse auction. Notwithstanding any other provision | ||||||
17 | of this Section and in accordance with rules adopted by the | ||||||
18 | chief procurement officer, that chief procurement officer may | ||||||
19 | procure supplies or services through a competitive electronic | ||||||
20 | auction bidding process after the chief procurement officer | ||||||
21 | determines that the use of such a process will be in the best | ||||||
22 | interest of the State. The chief procurement officer shall | ||||||
23 | publish that determination in his or her next volume of the | ||||||
24 | Illinois Procurement Bulletin. | ||||||
25 | An invitation for bids shall be issued and shall include | ||||||
26 | (i) a procurement description, (ii) all contractual terms, |
| |||||||
| |||||||
1 | whenever practical, and (iii) conditions applicable to the | ||||||
2 | procurement, including a notice that bids will be received in | ||||||
3 | an electronic auction manner. | ||||||
4 | Public notice of the invitation for bids shall be given in | ||||||
5 | the same manner as provided in subsection (c). | ||||||
6 | Bids shall be accepted electronically at the time and in | ||||||
7 | the manner designated in the invitation for bids. During the | ||||||
8 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
9 | Bidders shall have the opportunity to reduce their bid prices | ||||||
10 | during the auction. At the conclusion of the auction, the | ||||||
11 | record of the bid prices received and the name of each bidder | ||||||
12 | shall be open to public inspection. | ||||||
13 | After the auction period has terminated, withdrawal of bids | ||||||
14 | shall be permitted as provided in subsection (f). | ||||||
15 | The contract shall be awarded within 60 days after the | ||||||
16 | auction by written notice to the lowest responsible bidder, or | ||||||
17 | all bids shall be rejected except as otherwise provided in this | ||||||
18 | Code. Extensions of the date for the award may be made by | ||||||
19 | mutual written consent of the State purchasing officer and the | ||||||
20 | lowest responsible bidder. | ||||||
21 | This subsection does not apply to (i) procurements of | ||||||
22 | professional and artistic services, (ii) telecommunications | ||||||
23 | services, communication services, and information services,
| ||||||
24 | and (iii) contracts for construction projects , including | ||||||
25 | design professional services . | ||||||
26 | (Source: P.A. 96-159, eff. 8-10-09; 96-795, eff. 7-1-10 (see |
| |||||||
| |||||||
1 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
2 | by P.A. 96-795); 97-96, eff. 7-13-11.)
| ||||||
3 | (30 ILCS 500/20-25)
| ||||||
4 | Sec. 20-25. Sole source procurements. | ||||||
5 | (a) In accordance with
standards set by rule,
contracts may | ||||||
6 | be awarded without use of the specified
method of source | ||||||
7 | selection when
there is only one economically feasible source | ||||||
8 | for the item. A State contract may not be awarded as a sole | ||||||
9 | source procurement unless an interested party submits a written | ||||||
10 | request for approved by the chief procurement officer following | ||||||
11 | a public hearing at which the chief procurement officer and | ||||||
12 | purchasing agency present written justification for the | ||||||
13 | procurement method. Any interested party The Procurement | ||||||
14 | Policy Board and the public may present testimony. A sole | ||||||
15 | source contract where a hearing was requested by an interested | ||||||
16 | party may be awarded after the hearing is conducted with the | ||||||
17 | approval of the chief procurement officer. | ||||||
18 | (b) This Section may not be used as a basis for amending a | ||||||
19 | contract for professional or artistic services if the amendment | ||||||
20 | would result in an increase in the amount paid under the | ||||||
21 | contract of more than 5% of the initial award, or would extend | ||||||
22 | the contract term beyond the time reasonably needed for a | ||||||
23 | competitive procurement, not to exceed 2 months. | ||||||
24 | (c) Notice of intent to enter into a sole source contract | ||||||
25 | shall be provided to the Procurement Policy Board and published |
| |||||||
| |||||||
1 | in the online electronic Bulletin at least 14 days before the | ||||||
2 | public hearing required in subsection (a). The notice shall | ||||||
3 | include the sole source procurement justification form | ||||||
4 | prescribed by the Board, a description of the item to be | ||||||
5 | procured, the intended sole source contractor, and the date, | ||||||
6 | time, and location of the public hearing. A copy of the notice | ||||||
7 | and all documents provided at the hearing shall be included in | ||||||
8 | the subsequent Procurement Bulletin.
| ||||||
9 | (d) By August 1 each year, each chief procurement officer | ||||||
10 | shall file a report with the General Assembly identifying each | ||||||
11 | contract the officer sought under the sole source procurement | ||||||
12 | method and providing the justification given for seeking sole | ||||||
13 | source as the procurement method for each of those contracts. | ||||||
14 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
15 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
16 | eff. 7-1-10.)
| ||||||
17 | (30 ILCS 500/20-120) | ||||||
18 | Sec. 20-120. Subcontractors. | ||||||
19 | (a) Any contract granted under this Code shall state | ||||||
20 | whether the services of a subcontractor will or may be used. | ||||||
21 | The contract shall include the names and addresses of all known | ||||||
22 | subcontractors with subcontracts with an annual value of more | ||||||
23 | than $50,000, $25,000 and the general type of work to be | ||||||
24 | performed by these subcontractors, and the expected amount of | ||||||
25 | money each will receive under the contract. Upon the request of |
| |||||||
| |||||||
1 | the chief procurement officer appointed pursuant to paragraph | ||||||
2 | (2) of subsection (a) of Section 10-20, the For procurements | ||||||
3 | subject to the authority of the chief procurement officer | ||||||
4 | appointed pursuant to subsection (a)(2) of Section 10-20, the | ||||||
5 | contract shall include only the names and addresses of all | ||||||
6 | known subcontractors of the primary contractor with | ||||||
7 | subcontracts with an annual value of more than $25,000. The | ||||||
8 | contractor shall provide the chief procurement officer or State | ||||||
9 | purchasing officer a copy of a any subcontract with an annual | ||||||
10 | value of more than $25,000 so identified within 15 20 days | ||||||
11 | after the request is made execution of the State contract or | ||||||
12 | after execution of the subcontract, whichever is later . A | ||||||
13 | subcontractor, or contractor on behalf of a subcontractor, may | ||||||
14 | identify information that is deemed proprietary or | ||||||
15 | confidential. If the chief procurement officer determines the | ||||||
16 | information is not relevant to the primary contract, the chief | ||||||
17 | procurement officer may excuse the inclusion of the | ||||||
18 | information. If the chief procurement officer determines the | ||||||
19 | information is proprietary or could harm the business interest | ||||||
20 | of the subcontractor, the chief procurement officer may, in his | ||||||
21 | or her discretion, redact the information. Redacted | ||||||
22 | information shall not become part of the public record. | ||||||
23 | (b) If at any time during the term of a contract, a | ||||||
24 | contractor adds or changes any subcontractors, he or she shall | ||||||
25 | promptly notify, in writing, the chief procurement officer, | ||||||
26 | State purchasing officer, or their designee of the names and |
| |||||||
| |||||||
1 | addresses of and the expected amount of money each new or | ||||||
2 | replaced subcontractor and the general type of work to be | ||||||
3 | performed. Upon the request of the chief procurement officer | ||||||
4 | appointed pursuant to paragraph (2) of subsection (a) of | ||||||
5 | Section 10-20, the contractor shall provide the chief | ||||||
6 | procurement officer a copy of any new or amended subcontract so | ||||||
7 | identified within 15 days after the request is made. will | ||||||
8 | receive. The contractor shall provide to the responsible chief | ||||||
9 | procurement officer a copy of the subcontract within 20 days | ||||||
10 | after the execution of the subcontract. | ||||||
11 | (c) In addition to any other requirements of this Code, a | ||||||
12 | subcontract subject to this Section must include all of the | ||||||
13 | subcontractor's certifications required by Article 50 of the | ||||||
14 | Code. | ||||||
15 | (d) This Section applies to procurements solicited on or | ||||||
16 | after the effective date of this amendatory Act of the 96th | ||||||
17 | General Assembly.
The changes made to this Section by this | ||||||
18 | amendatory Act of the 97th General Assembly apply to | ||||||
19 | procurements solicited on or after the effective date of this | ||||||
20 | amendatory Act of the 97th General Assembly. | ||||||
21 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
22 | for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.) | ||||||
23 | (30 ILCS 500/20-155) | ||||||
24 | Sec. 20-155. Solicitation and contract documents. | ||||||
25 | (a) After award of a contract and subject to provisions of |
| |||||||
| |||||||
1 | the Freedom of Information Act, the procuring agency shall make | ||||||
2 | available for public inspection and copying all pre-award, | ||||||
3 | post-award, administration, and close-out documents relating | ||||||
4 | to that particular contract.
| ||||||
5 | (b) A procurement file shall be maintained for all | ||||||
6 | contracts, regardless of the method of procurement. The | ||||||
7 | procurement file shall contain the basis on which the award is | ||||||
8 | made, all submitted bids and proposals, all evaluation | ||||||
9 | materials, score sheets and all other documentation related to | ||||||
10 | or prepared in conjunction with evaluation, negotiation, and | ||||||
11 | the award process. The procurement file shall contain a written | ||||||
12 | determination, signed by the chief procurement officer or State | ||||||
13 | purchasing officer, setting forth the reasoning for the | ||||||
14 | contract award decision. The procurement file shall not include | ||||||
15 | trade secrets or other competitively sensitive, confidential, | ||||||
16 | or proprietary information. The procurement file shall be open | ||||||
17 | to public inspection within 7 business days following award of | ||||||
18 | the contract. | ||||||
19 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
20 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
21 | (30 ILCS 500/20-160)
| ||||||
22 | Sec. 20-160. Business entities; certification; | ||||||
23 | registration with the State Board of Elections. | ||||||
24 | (a) For purposes of this Section, the terms "business | ||||||
25 | entity", "contract", "State contract", "contract with a State |
| |||||||
| |||||||
1 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
2 | person" have the meanings ascribed to those terms in Section | ||||||
3 | 50-37. | ||||||
4 | (b) Every bid submitted to and every contract executed by | ||||||
5 | the State on or after January 1, 2009 (the effective date of | ||||||
6 | Public Act 95-971) shall contain (1) a certification by the | ||||||
7 | bidder or contractor that either (i) the bidder or contractor | ||||||
8 | is not required to register as a business entity with the State | ||||||
9 | Board of Elections pursuant to this Section or (ii) the bidder | ||||||
10 | or contractor has registered as a business entity with the | ||||||
11 | State Board of Elections and acknowledges a continuing duty to | ||||||
12 | update the registration and (2) a statement that the contract | ||||||
13 | is voidable under Section 50-60 for the bidder's or | ||||||
14 | contractor's failure to comply with this Section. | ||||||
15 | (c) Within 30 days after the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly, each business | ||||||
17 | entity (i) whose aggregate bids and proposals on State | ||||||
18 | contracts annually total more than $50,000, (ii) whose | ||||||
19 | aggregate bids and proposals on State contracts combined with | ||||||
20 | the business entity's aggregate annual total value of State | ||||||
21 | contracts exceed $50,000, or (iii) whose contracts with State | ||||||
22 | agencies, in the aggregate, annually total more than $50,000 | ||||||
23 | shall register with the State Board of Elections in accordance | ||||||
24 | with Section 9-35 of the Election Code. A business entity | ||||||
25 | required to register under this subsection shall submit a copy | ||||||
26 | of the certificate of registration to the applicable chief |
| |||||||
| |||||||
1 | procurement officer within 90 days after the effective date of | ||||||
2 | this amendatory Act of the 95th General Assembly. A business | ||||||
3 | entity required to register under this subsection due to item | ||||||
4 | (i) or (ii) has a continuing duty to ensure that the | ||||||
5 | registration is accurate during the period beginning on the | ||||||
6 | date of registration and ending on the day after the date the | ||||||
7 | contract is awarded; any change in information must be reported | ||||||
8 | to the State Board of Elections 5 business days following such | ||||||
9 | change or no later than a day before the contract is awarded, | ||||||
10 | whichever date is earlier. A business entity required to | ||||||
11 | register under this subsection due to item (iii) has a | ||||||
12 | continuing duty to ensure that the registration is accurate in | ||||||
13 | accordance with subsection (e). | ||||||
14 | (d) Any business entity, not required under subsection (c) | ||||||
15 | to register within 30 days after the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly, whose aggregate | ||||||
17 | bids and proposals on State contracts annually total more than | ||||||
18 | $50,000, or whose aggregate bids and proposals on State | ||||||
19 | contracts combined with the business entity's aggregate annual | ||||||
20 | total value of State contracts exceed $50,000, shall register | ||||||
21 | with the State Board of Elections in accordance with Section | ||||||
22 | 9-35 of the Election Code prior to submitting to a State agency | ||||||
23 | the bid or proposal whose value causes the business entity to | ||||||
24 | fall within the monetary description of this subsection. A | ||||||
25 | business entity required to register under this subsection has | ||||||
26 | a continuing duty to ensure that the registration is accurate |
| |||||||
| |||||||
1 | during the period beginning on the date of registration and | ||||||
2 | ending on the day after the date the contract is awarded. Any | ||||||
3 | change in information must be reported to the State Board of | ||||||
4 | Elections within 5 business days following such change or no | ||||||
5 | later than a day before the contract is awarded, whichever date | ||||||
6 | is earlier. | ||||||
7 | (e) A business entity whose contracts with State agencies, | ||||||
8 | in the aggregate, annually total more than $50,000 must | ||||||
9 | maintain its registration under this Section and has a | ||||||
10 | continuing duty to ensure that the registration is accurate for | ||||||
11 | the duration of the term of office of the incumbent | ||||||
12 | officeholder awarding the contracts or for a period of 2 years | ||||||
13 | following the expiration or termination of the contracts, | ||||||
14 | whichever is longer. A business entity, required to register | ||||||
15 | under this subsection, has a continuing duty to report any | ||||||
16 | changes on a quarterly basis to the State Board of Elections | ||||||
17 | within 10 business days following the last day of January, | ||||||
18 | April, July, and October of each year. Any update pursuant to | ||||||
19 | this paragraph that is received beyond that date is presumed | ||||||
20 | late and the civil penalty authorized by subsection (e) of | ||||||
21 | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | ||||||
22 | assessed. | ||||||
23 | Also, if a business entity required to register under this | ||||||
24 | subsection has a pending bid or proposal, any change in | ||||||
25 | information shall be reported to the State Board of Elections | ||||||
26 | within 5 business days following such change or no later than a |
| |||||||
| |||||||
1 | day before the contract is awarded, whichever date is earlier. | ||||||
2 | (f) A business entity's continuing duty under this Section | ||||||
3 | to ensure the accuracy of its registration includes the | ||||||
4 | requirement that the business entity notify the State Board of | ||||||
5 | Elections of any change in information, including but not | ||||||
6 | limited to changes of affiliated entities or affiliated | ||||||
7 | persons. | ||||||
8 | (g) For A copy of a certificate of registration must | ||||||
9 | accompany any bid or proposal for a contract with a State | ||||||
10 | agency by a business entity required to register under this | ||||||
11 | Section , the chief procurement officer shall verify that the | ||||||
12 | business entity is required to register under this Section and | ||||||
13 | is in compliance with the registration requirements on the date | ||||||
14 | the bid or proposal is due . A chief procurement officer shall | ||||||
15 | not accept a bid or proposal if the business entity is not in | ||||||
16 | compliance with the registration requirements as of the date | ||||||
17 | bids or proposals are due unless the certificate is submitted | ||||||
18 | to the agency with the bid or proposal . | ||||||
19 | (h) A registration, and any changes to a registration, must | ||||||
20 | include the business entity's verification of accuracy and | ||||||
21 | subjects the business entity to the penalties of the laws of | ||||||
22 | this State for perjury. | ||||||
23 | In addition to any penalty under Section 9-35 of the | ||||||
24 | Election Code, intentional, willful, or material failure to | ||||||
25 | disclose information required for registration shall render | ||||||
26 | the contract, bid, proposal, or other procurement relationship |
| |||||||
| |||||||
1 | voidable by the chief procurement officer if he or she deems it | ||||||
2 | to be in the best interest of the State of Illinois. | ||||||
3 | (i) This Section applies regardless of the method of source | ||||||
4 | selection used in awarding the contract.
| ||||||
5 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
6 | for the effective date of changes made by P.A. 96-795); 96-848, | ||||||
7 | eff. 1-1-10; 97-333, eff. 8-12-11.)
| ||||||
8 | (30 ILCS 500/45-35)
| ||||||
9 | Sec. 45-35. Facilities for persons with severe | ||||||
10 | disabilities. | ||||||
11 | (a) Qualification. Supplies and services may be procured
| ||||||
12 | without advertising or calling
for bids from any qualified | ||||||
13 | not-for-profit agency for persons with severe disabilities | ||||||
14 | that:
| ||||||
15 | (1) complies with Illinois laws governing private
| ||||||
16 | not-for-profit organizations;
| ||||||
17 | (2) is certified as a sheltered workshop by the Wage
| ||||||
18 | and Hour Division of the
United States Department of Labor | ||||||
19 | or is an accredited vocational program that provides | ||||||
20 | transition services to youth between the ages of 14 1/2 and | ||||||
21 | 22 in accordance with individualized education plans under | ||||||
22 | Section 14-8.03 of the School Code and that provides | ||||||
23 | residential services at a child care institution, as | ||||||
24 | defined under Section 2.06 of the Child Care Act of 1969, | ||||||
25 | or at a group home, as defined under Section 2.16 of the |
| |||||||
| |||||||
1 | Child Care Act of 1969 ; and
| ||||||
2 | (3) meets the applicable Illinois Department of Human
| ||||||
3 | Services just standards.
| ||||||
4 | (b) Participation. To participate, the not-for-profit
| ||||||
5 | agency must have indicated an
interest in providing the | ||||||
6 | supplies and services, must meet the
specifications and needs | ||||||
7 | of the
using agency, and must set a fair market price.
| ||||||
8 | (c) Committee. There is created within the Department of
| ||||||
9 | Central Management
Services a committee to facilitate the | ||||||
10 | purchase of products and
services of persons so severely
| ||||||
11 | disabled by a physical, developmental, or mental disability or | ||||||
12 | a combination of any of those disabilities that they cannot
| ||||||
13 | engage in normal competitive
employment. This committee is | ||||||
14 | called the State Use Committee. The committee shall consist of | ||||||
15 | the Director of the
Department of Central
Management Services | ||||||
16 | or his or her designee, the Director of the Department
of Human | ||||||
17 | Services or his or her designee, one public member representing | ||||||
18 | private business who is knowledgeable of the employment needs | ||||||
19 | and concerns of persons with developmental disabilities, one | ||||||
20 | public member representing private business who is | ||||||
21 | knowledgeable of the needs and concerns of rehabilitation | ||||||
22 | facilities, one public member who is knowledgeable of the | ||||||
23 | employment needs and concerns of persons with developmental | ||||||
24 | disabilities, one public member who is knowledgeable of the | ||||||
25 | needs and concerns of rehabilitation facilities, and 2 public | ||||||
26 | members from a statewide association that represents |
| |||||||
| |||||||
1 | community-based rehabilitation facilities, all appointed by | ||||||
2 | the
Governor. The public
members shall serve 2 year terms, | ||||||
3 | commencing upon appointment and
every 2 years thereafter.
A | ||||||
4 | public member may be reappointed, and vacancies shall be filled | ||||||
5 | by
appointment for the
completion of the term. In the event | ||||||
6 | there is a vacancy on the Committee, the Governor must make an | ||||||
7 | appointment to fill that vacancy within 30 calendar days after | ||||||
8 | the notice of vacancy. The members shall serve without
| ||||||
9 | compensation but shall be reimbursed
for expenses at a rate | ||||||
10 | equal to that of State employees on a per
diem basis by the | ||||||
11 | Department
of Central Management Services. All members shall be | ||||||
12 | entitled to
vote on issues before the
committee.
| ||||||
13 | The committee shall have the following powers and duties:
| ||||||
14 | (1) To request from any State agency information as to
| ||||||
15 | product specification
and service requirements in order to | ||||||
16 | carry out its purpose.
| ||||||
17 | (2) To meet quarterly or more often as necessary to
| ||||||
18 | carry out its purposes.
| ||||||
19 | (3) To request a quarterly report from each
| ||||||
20 | participating qualified not-for-profit agency for persons | ||||||
21 | with severe disabilities describing the volume of sales for | ||||||
22 | each product or
service sold under this Section.
| ||||||
23 | (4) To prepare a report for the Governor annually.
| ||||||
24 | (5) To prepare a publication that lists all supplies
| ||||||
25 | and services currently
available from any qualified | ||||||
26 | not-for-profit agency for persons with severe |
| |||||||
| |||||||
1 | disabilities. This list and
any revisions shall be | ||||||
2 | distributed to all purchasing agencies.
| ||||||
3 | (6) To encourage diversity in supplies and services
| ||||||
4 | provided by qualified not-for-profit agencies for persons | ||||||
5 | with severe disabilities and discourage unnecessary | ||||||
6 | duplication or
competition among facilities.
| ||||||
7 | (7) To develop guidelines to be followed by qualifying
| ||||||
8 | agencies for
participation under the provisions of this | ||||||
9 | Section. The
guidelines shall be developed within
6 months | ||||||
10 | after the effective date of this Code and made available
on | ||||||
11 | a nondiscriminatory basis
to all qualifying agencies.
| ||||||
12 | (8) To review all bids submitted under the provisions
| ||||||
13 | of this Section and reject
any bid for any purchase that is | ||||||
14 | determined to be substantially
more than the purchase would
| ||||||
15 | have cost had it been competitively bid.
| ||||||
16 | (9) To develop a 5-year plan for increasing the number | ||||||
17 | of products and services purchased from qualified | ||||||
18 | not-for-profit agencies for persons with severe | ||||||
19 | disabilities, including the feasibility of developing | ||||||
20 | mandatory set-aside contracts. This 5-year plan must be | ||||||
21 | developed no later than 180 calendar days after the | ||||||
22 | effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly. | ||||||
24 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
25 | shall, in consultation with the State Use Committee, determine | ||||||
26 | which articles, materials, services, food stuffs, and supplies |
| |||||||
| |||||||
1 | that are produced, manufactured, or provided by persons with | ||||||
2 | severe disabilities in qualified not-for-profit agencies shall | ||||||
3 | be given preference by purchasing agencies procuring those | ||||||
4 | items. | ||||||
5 | (d) Former committee. The committee created under
| ||||||
6 | subsection (c) shall replace the
committee created under | ||||||
7 | Section 7-2 of the Illinois Purchasing Act,
which shall
| ||||||
8 | continue to operate until the appointments under subsection (c)
| ||||||
9 | are made.
| ||||||
10 | (Source: P.A. 96-634, eff. 8-24-09.)
| ||||||
11 | (30 ILCS 500/50-5)
| ||||||
12 | Sec. 50-5. Bribery.
| ||||||
13 | (a) Prohibition. No person or business shall be awarded a
| ||||||
14 | contract or subcontract under
this Code who:
| ||||||
15 | (1) has been convicted under the laws of Illinois or
| ||||||
16 | any other state of bribery
or attempting to bribe an | ||||||
17 | officer or employee of the State of
Illinois or any other | ||||||
18 | state in that
officer's or employee's official capacity; or
| ||||||
19 | (2) has made an admission of guilt of that conduct that
| ||||||
20 | is a matter of record but
has not been prosecuted for that | ||||||
21 | conduct.
| ||||||
22 | (b) Businesses. No business shall be barred from
| ||||||
23 | contracting with any unit of State or
local government, or | ||||||
24 | subcontracting under such a contract, as a result of a | ||||||
25 | conviction under this Section of
any employee or agent of the
|
| |||||||
| |||||||
1 | business if the employee or agent is no longer employed by the
| ||||||
2 | business and:
| ||||||
3 | (1) the business has been finally adjudicated not
| ||||||
4 | guilty; or
| ||||||
5 | (2) the business demonstrates to the governmental
| ||||||
6 | entity with which it seeks to
contract or which is a | ||||||
7 | signatory to the contract to which the subcontract relates, | ||||||
8 | and that entity finds that the commission of the offense
| ||||||
9 | was not authorized, requested,
commanded, or performed by a | ||||||
10 | director, officer, or high managerial
agent on behalf of | ||||||
11 | the
business as provided in paragraph (2) of subsection (a) | ||||||
12 | of Section
5-4 of the Criminal Code of
1961.
| ||||||
13 | (c) Conduct on behalf of business. For purposes of this
| ||||||
14 | Section, when an official, agent,
or employee of a business | ||||||
15 | committed the bribery or attempted
bribery on behalf of the | ||||||
16 | business
and in accordance with the direction or authorization | ||||||
17 | of a responsible
official of the business, the
business shall | ||||||
18 | be chargeable with the conduct.
| ||||||
19 | (d) Certification. Every bid submitted to and contract
| ||||||
20 | executed by the State and every subcontract subject to Section | ||||||
21 | 20-120 of this Code shall
contain a certification by the | ||||||
22 | contractor or the subcontractor, respectively, that the | ||||||
23 | contractor or subcontractor is
not barred from being awarded a
| ||||||
24 | contract or subcontract under this Section and acknowledges | ||||||
25 | that the chief procurement officer may declare the related | ||||||
26 | contract void if any certifications required by this Section |
| |||||||
| |||||||
1 | are false. If the false certification is made by a | ||||||
2 | subcontractor, then the contractor's submitted bid and the | ||||||
3 | executed contract may not be declared void, unless the | ||||||
4 | contractor refuses to terminate the subcontract upon the | ||||||
5 | State's request after a finding that the subcontract's | ||||||
6 | certification was false. A contractor or subcontractor who
| ||||||
7 | makes a false statement, material
to the certification, commits | ||||||
8 | a Class 3 felony.
| ||||||
9 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
10 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
11 | (30 ILCS 500/50-10)
| ||||||
12 | Sec. 50-10. Felons. | ||||||
13 | (a) Unless otherwise provided, no person
or business | ||||||
14 | convicted of
a felony shall do business with the State of | ||||||
15 | Illinois or any State
agency, or enter into a subcontract, from | ||||||
16 | the date of
conviction until 5 years after the date of | ||||||
17 | completion of the
sentence for that felony, unless no
person | ||||||
18 | held responsible by a prosecutorial office for the facts
upon | ||||||
19 | which the conviction was
based continues to have any | ||||||
20 | involvement with the business.
| ||||||
21 | (b) Every bid submitted to and contract executed by the | ||||||
22 | State and every subcontract subject to Section 20-120 of this | ||||||
23 | Code shall contain a certification by the bidder or contractor | ||||||
24 | or subcontractor, respectively, that the bidder, contractor, | ||||||
25 | or subcontractor is not barred from being awarded a contract or |
| |||||||
| |||||||
1 | subcontract under this Section and acknowledges that the chief | ||||||
2 | procurement officer may declare the related contract void if | ||||||
3 | any of the certifications required by this Section are false. | ||||||
4 | If the false certification is made by a subcontractor, then the | ||||||
5 | contractor's submitted bid and the executed contract may not be | ||||||
6 | declared void, unless the contractor refuses to terminate the | ||||||
7 | subcontract upon the State's request after a finding that the | ||||||
8 | subcontract's certification was false. | ||||||
9 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
10 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
11 | (30 ILCS 500/50-10.5) | ||||||
12 | Sec. 50-10.5. Prohibited bidders and contractors. | ||||||
13 | (a) Unless otherwise provided, no business shall bid or | ||||||
14 | enter into a
contract or subcontract under this Code if the | ||||||
15 | business or any
officer, director, partner, or other managerial | ||||||
16 | agent of the business has been
convicted of a felony under the | ||||||
17 | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||||||
18 | the Illinois Securities Law of 1953 for a
period of 5 years | ||||||
19 | from
the date of conviction. | ||||||
20 | (b) Every bid submitted to and contract executed by the | ||||||
21 | State and every subcontract subject to Section 20-120 of this | ||||||
22 | Code shall contain
a certification by the bidder, contractor, | ||||||
23 | or subcontractor, respectively, that the bidder, contractor, | ||||||
24 | or subcontractor is not barred
from being awarded a contract or | ||||||
25 | subcontract under this Section and
acknowledges that the chief |
| |||||||
| |||||||
1 | procurement officer shall declare the related contract void
if | ||||||
2 | any of
the certifications completed pursuant to this subsection | ||||||
3 | (b) are false. If the false certification is made by a | ||||||
4 | subcontractor, then the contractor's submitted bid and the | ||||||
5 | executed contract may not be declared void, unless the | ||||||
6 | contractor refuses to terminate the subcontract upon the | ||||||
7 | State's request after a finding that the subcontract's | ||||||
8 | certification was false. | ||||||
9 | (c) If a business is not a natural person, the prohibition | ||||||
10 | in subsection (a)
applies only if: | ||||||
11 | (1) the business itself is convicted of a felony | ||||||
12 | referenced in subsection
(a); or | ||||||
13 | (2) the business is ordered to pay punitive damages | ||||||
14 | based on the
conduct
of any officer, director, partner, or | ||||||
15 | other managerial agent who has been
convicted of a felony | ||||||
16 | referenced in subsection (a). | ||||||
17 | (d) A natural person who is convicted of a felony | ||||||
18 | referenced in subsection
(a) remains subject to Section 50-10. | ||||||
19 | (e) No person or business shall bid or enter into a | ||||||
20 | contract under this Code if the person or business : | ||||||
21 | (1) assisted the State of Illinois or a State agency in | ||||||
22 | determining whether there is a need for a contract except | ||||||
23 | as part of a response to a publicly issued request for | ||||||
24 | information; or | ||||||
25 | (2) assisted an employee of the State of Illinois , who, | ||||||
26 | by the nature of his or her duties, has the authority to |
| |||||||
| |||||||
1 | participate personally and substantially in the decision | ||||||
2 | to award a State contract, or a State agency by reviewing, | ||||||
3 | drafting, directing, or preparing any invitation for bids, | ||||||
4 | a request for proposal, or request for information or | ||||||
5 | provided similar assistance except as part of a publicly | ||||||
6 | issued opportunity to review drafts of all or part of these | ||||||
7 | documents. | ||||||
8 | This subsection does not prohibit a person or business from | ||||||
9 | submitting a bid or proposal or entering into a contract if the | ||||||
10 | person or business: (i) initiates a communication with an | ||||||
11 | employee to provide general information about products, | ||||||
12 | services, or industry best practices and, if applicable, that | ||||||
13 | communication is documented in accordance with Section 50-39 or | ||||||
14 | (ii) responds to a communication initiated by an employee of | ||||||
15 | the State for the purposes of providing information to evaluate | ||||||
16 | new products, trends, services, or technologies. | ||||||
17 | Nothing in this Section prohibits a vendor developing | ||||||
18 | technology, goods, or services from bidding or offering to | ||||||
19 | supply that technology or those goods or services if the | ||||||
20 | subject demonstrated to the State represents industry trends | ||||||
21 | and innovation and is not specifically designed to meet the | ||||||
22 | State's needs. | ||||||
23 | For purposes of this subsection (e), "business" includes | ||||||
24 | all individuals with whom a business is affiliated, including, | ||||||
25 | but not limited to, any officer, agent, employee, consultant, | ||||||
26 | independent contractor, director, partner, manager, or |
| |||||||
| |||||||
1 | shareholder of a business. | ||||||
2 | No person or business shall submit specifications to a | ||||||
3 | State agency unless requested to do so by an employee of the | ||||||
4 | State. No person or business who contracts with a State agency | ||||||
5 | to write specifications for a particular procurement need shall | ||||||
6 | submit a bid or proposal or receive a contract for that | ||||||
7 | procurement need. | ||||||
8 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
9 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
10 | eff. 7-1-10.)
| ||||||
11 | (30 ILCS 500/50-11)
| ||||||
12 | Sec. 50-11. Debt delinquency.
| ||||||
13 | (a) No person shall submit a bid for or enter into a | ||||||
14 | contract or subcontract under this Code if that person knows or | ||||||
15 | should know that he or she or
any affiliate is
delinquent in | ||||||
16 | the payment of any debt to the State, unless the person or
| ||||||
17 | affiliate has
entered into a deferred payment plan to pay off | ||||||
18 | the debt. For purposes of this
Section, the phrase "delinquent | ||||||
19 | in the payment of any debt" shall be determined
by the Debt | ||||||
20 | Collection Bureau.
For purposes of this Section, the term | ||||||
21 | "affiliate" means any entity that (1)
directly,
indirectly, or | ||||||
22 | constructively controls another entity, (2) is directly,
| ||||||
23 | indirectly, or
constructively controlled by another entity, or | ||||||
24 | (3) is subject to the control
of
a common
entity. For purposes | ||||||
25 | of this subsection (a), a person controls an entity if the
|
| |||||||
| |||||||
1 | person owns,
directly or individually, more than 10% of the | ||||||
2 | voting securities of that
entity.
As used in
this subsection | ||||||
3 | (a), the term "voting security" means a security that (1)
| ||||||
4 | confers upon the
holder the right to vote for the election of | ||||||
5 | members of the board of directors
or similar
governing body of | ||||||
6 | the business or (2) is convertible into, or entitles the
holder | ||||||
7 | to receive
upon its exercise, a security that confers such a | ||||||
8 | right to vote. A general
partnership
interest is a voting | ||||||
9 | security.
| ||||||
10 | (b) Every bid submitted to and contract executed by the | ||||||
11 | State and every subcontract subject to Section 20-120 of this | ||||||
12 | Code shall contain
a certification by the bidder, contractor, | ||||||
13 | or subcontractor, respectively, that the contractor or the | ||||||
14 | subcontractor and its
affiliate is not barred
from being | ||||||
15 | awarded a contract or subcontract under this Section and
| ||||||
16 | acknowledges that the chief procurement officer may declare the | ||||||
17 | related contract void if
any of the certifications completed | ||||||
18 | pursuant to this subsection (b) are false. If the false | ||||||
19 | certification is made by a subcontractor, then the contractor's | ||||||
20 | submitted bid and the executed contract may not be declared | ||||||
21 | void, unless the contractor refuses to terminate the | ||||||
22 | subcontract upon the State's request after a finding that the | ||||||
23 | subcontract's certification was false.
| ||||||
24 | (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see | ||||||
25 | Section 5 of P.A. 96-793 for effective date of changes made by | ||||||
26 | P.A. 96-795); 96-1000, eff. 7-2-10.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-12)
| ||||||
2 | Sec. 50-12. Collection and remittance of Illinois Use Tax.
| ||||||
3 | (a) No person shall enter into a contract with a State | ||||||
4 | agency or enter into a subcontract under this
Code
unless the | ||||||
5 | person and all affiliates of the person collect and remit | ||||||
6 | Illinois
Use Tax on all
sales of tangible personal property | ||||||
7 | into the State of Illinois in accordance
with the
provisions of | ||||||
8 | the Illinois Use Tax Act regardless of whether the person or
| ||||||
9 | affiliate is a
"retailer maintaining a place of business within | ||||||
10 | this State" as defined in
Section 2 of the
Use Tax Act. For | ||||||
11 | purposes of this Section, the term "affiliate" means any
entity | ||||||
12 | that (1)
directly, indirectly, or constructively controls | ||||||
13 | another 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), an | ||||||
16 | entity controls another entity
if it 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 and contract executed by the State |
| |||||||
| |||||||
1 | and every subcontract subject to Section 20-120 of this Code | ||||||
2 | shall contain
a
certification by the bidder, contractor, or | ||||||
3 | subcontractor, respectively, that the bidder, contractor, or | ||||||
4 | subcontractor is not
barred from
bidding for or entering into a | ||||||
5 | contract under subsection (a) of this Section
and
acknowledges | ||||||
6 | that the chief procurement officer may declare
the
related | ||||||
7 | contract void if any of the certifications completed pursuant | ||||||
8 | to this subsection (b) are
false. If the false certification is | ||||||
9 | made by a subcontractor, then the contractor's submitted bid | ||||||
10 | and the executed contract may not be declared void, unless the | ||||||
11 | contractor refuses to terminate the subcontract upon the | ||||||
12 | State's request after a finding that the subcontract's | ||||||
13 | certification was false.
| ||||||
14 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
15 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
16 | (30 ILCS 500/50-14)
| ||||||
17 | Sec. 50-14. Environmental Protection Act violations.
| ||||||
18 | (a) Unless otherwise provided, no person or business found | ||||||
19 | by a court or
the Pollution Control Board to have committed a | ||||||
20 | willful or knowing violation of
the Environmental Protection | ||||||
21 | Act shall do business with the State
of Illinois or any State | ||||||
22 | agency or enter into a subcontract that is subject to this Code | ||||||
23 | from the date of the order containing the
finding of violation | ||||||
24 | until 5 years after that date, unless the person or
business | ||||||
25 | can show that no person involved in the violation continues to |
| |||||||
| |||||||
1 | have
any involvement with the business.
| ||||||
2 | (b) A person or business otherwise barred from doing | ||||||
3 | business with the
State of Illinois or any State agency or | ||||||
4 | subcontracting under this Code by subsection (a) may be allowed | ||||||
5 | to do
business with the State of Illinois or any State agency | ||||||
6 | if it is shown that
there is no practicable alternative to the | ||||||
7 | State to contracting with that
person or business.
| ||||||
8 | (c) Every bid submitted to and contract executed by the | ||||||
9 | State and every subcontract subject to Section 20-120 of this | ||||||
10 | Code shall contain
a certification by the bidder, contractor, | ||||||
11 | or subcontractor, respectively, that the bidder, contractor, | ||||||
12 | or subcontractor is
not barred from being awarded a contract or | ||||||
13 | subcontract under this Section and acknowledges that the | ||||||
14 | contracting State agency may declare the related
contract void | ||||||
15 | if any of the certifications completed pursuant to this | ||||||
16 | subsection (c) are
false. If the false certification is made by | ||||||
17 | a subcontractor, then the contractor's submitted bid and the | ||||||
18 | executed contract may not be declared void, unless the | ||||||
19 | contractor refuses to terminate the subcontract upon the | ||||||
20 | State's request after a finding that the subcontract's | ||||||
21 | certification was false.
| ||||||
22 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
23 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
24 | (30 ILCS 500/50-35) | ||||||
25 | Sec. 50-35. Financial disclosure and potential conflicts |
| |||||||
| |||||||
1 | of interest. | ||||||
2 | (a) All offers from responsive bidders or offerors with an | ||||||
3 | annual value of
more than $25,000 , and all subcontracts | ||||||
4 | identified as provided by Section 20-120 of this Code, shall be | ||||||
5 | accompanied by disclosure of the financial
interests of the | ||||||
6 | contractor, bidder, or proposer and each subcontractor to be | ||||||
7 | used. In addition, all subcontracts identified as provided by | ||||||
8 | Section 20-120 of this Code with an annual value of
more than | ||||||
9 | $50,000 shall be accompanied by disclosure of the financial
| ||||||
10 | interests of each subcontractor. The financial disclosure of
| ||||||
11 | each successful bidder or offeror and its subcontractors shall | ||||||
12 | be incorporated as a material term of the contract and shall | ||||||
13 | become
part of the publicly available contract or procurement | ||||||
14 | file
maintained by the appropriate chief procurement officer. | ||||||
15 | Each disclosure under this Section and Section 50-34 shall be | ||||||
16 | signed and made under penalty of perjury by an authorized | ||||||
17 | officer or employee on behalf of the bidder or offeror, and | ||||||
18 | must be filed with the Procurement Policy Board. | ||||||
19 | (b) Disclosure shall include any
ownership or distributive | ||||||
20 | income share that is in excess of 5%, or an amount
greater than | ||||||
21 | 60% of the annual salary of the Governor, of the disclosing | ||||||
22 | entity
or its parent entity, whichever is less, unless the | ||||||
23 | contractor, bidder, or subcontractor
(i) is a
publicly traded | ||||||
24 | entity subject to Federal 10K reporting, in which case it may
| ||||||
25 | submit its 10K
disclosure in place of the prescribed | ||||||
26 | disclosure, or (ii) is a privately held
entity that is exempt |
| |||||||
| |||||||
1 | from Federal 10k reporting but has more than 200
shareholders, | ||||||
2 | in which case it may submit the information that Federal 10k
| ||||||
3 | reporting companies are required to report under 17 CFR 229.401 | ||||||
4 | and list the
names of any person or entity holding any | ||||||
5 | ownership share that is in excess of
5% in place of the | ||||||
6 | prescribed disclosure. The form of disclosure shall
be | ||||||
7 | prescribed by the applicable chief procurement officer and must | ||||||
8 | include at
least the names,
addresses, and dollar or | ||||||
9 | proportionate share of ownership of each person
identified in | ||||||
10 | this Section, their instrument of ownership or beneficial
| ||||||
11 | relationship, and notice of any potential conflict of interest | ||||||
12 | resulting from
the current ownership or beneficial | ||||||
13 | relationship of each person identified in
this Section having | ||||||
14 | in addition any of the following relationships: | ||||||
15 | (1) State employment, currently or in the previous 3 | ||||||
16 | years, including
contractual employment of services. | ||||||
17 | (2) State employment of spouse, father, mother, son, or | ||||||
18 | daughter,
including
contractual employment for services in | ||||||
19 | the previous 2 years. | ||||||
20 | (3) Elective status; the holding of elective office of | ||||||
21 | the State of
Illinois, the government of the United States, | ||||||
22 | any unit of local government
authorized by the Constitution | ||||||
23 | of the State of Illinois or the statutes of the
State of | ||||||
24 | Illinois currently or in the previous 3 years. | ||||||
25 | (4) Relationship to anyone holding elective office | ||||||
26 | currently or in the
previous 2 years; spouse, father, |
| |||||||
| |||||||
1 | mother, son, or daughter. | ||||||
2 | (5) Appointive office; the holding of any appointive | ||||||
3 | government office of
the State of Illinois, the United | ||||||
4 | States of America, or any unit of local
government | ||||||
5 | authorized by the Constitution of the State of Illinois or | ||||||
6 | the
statutes of the State of Illinois, which office | ||||||
7 | entitles the holder to
compensation in excess of expenses | ||||||
8 | incurred in the discharge of that office
currently or in | ||||||
9 | the previous 3 years. | ||||||
10 | (6) Relationship to anyone holding appointive office | ||||||
11 | currently or in the
previous 2 years; spouse, father, | ||||||
12 | mother, son, or daughter. | ||||||
13 | (7) Employment, currently or in the previous 3 years, | ||||||
14 | as or by any
registered lobbyist of the State government. | ||||||
15 | (8) Relationship to anyone who is or was a registered | ||||||
16 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
17 | son, or daughter. | ||||||
18 | (9) Compensated employment, currently or in the | ||||||
19 | previous 3 years, by any
registered election or re-election | ||||||
20 | committee registered with the Secretary of
State or any | ||||||
21 | county clerk in the State of Illinois, or any political | ||||||
22 | action
committee registered with either the Secretary of | ||||||
23 | State or the Federal Board of
Elections. | ||||||
24 | (10) Relationship to anyone; spouse, father, mother, | ||||||
25 | son, or daughter; who
is or was a compensated employee in | ||||||
26 | the last 2 years of any registered
election or re-election |
| |||||||
| |||||||
1 | committee registered with the Secretary of State or any
| ||||||
2 | county clerk in the State of Illinois, or any political | ||||||
3 | action committee
registered with either the Secretary of | ||||||
4 | State or the Federal Board of
Elections. | ||||||
5 | (b-1) The disclosure required under this Section must also | ||||||
6 | include the name and address of each lobbyist required to | ||||||
7 | register under the Lobbyist Registration Act and other agent of | ||||||
8 | the bidder or offeror who is not identified under subsections | ||||||
9 | (a) and (b) and who has communicated, is communicating, or may | ||||||
10 | communicate with any State officer or employee concerning the | ||||||
11 | bid or offer. The disclosure under this subsection is a | ||||||
12 | continuing obligation and must be promptly supplemented for | ||||||
13 | accuracy throughout the process and throughout the term of the | ||||||
14 | contract if the bid or offer is successful. | ||||||
15 | (b-2) The disclosure required under this Section must also | ||||||
16 | include, for each of the persons identified in subsection (b) | ||||||
17 | or (b-1), each of the following that occurred within the | ||||||
18 | previous 10 years: debarment from contracting with any | ||||||
19 | governmental entity; professional licensure discipline; | ||||||
20 | bankruptcies; adverse civil judgments and administrative | ||||||
21 | findings; and criminal felony convictions. The disclosure | ||||||
22 | under this subsection is a continuing obligation and must be | ||||||
23 | promptly supplemented for accuracy throughout the process and | ||||||
24 | throughout the term of the contract if the bid or offer is | ||||||
25 | successful. | ||||||
26 | (c) The disclosure in subsection (b) is not intended to |
| |||||||
| |||||||
1 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
2 | fully and publicly disclose any potential
conflict to the chief | ||||||
3 | procurement officers, State purchasing officers, their
| ||||||
4 | designees, and executive officers so they may adequately | ||||||
5 | discharge their duty
to protect the State. | ||||||
6 | (d) When a potential for a conflict of interest is | ||||||
7 | identified, discovered, or reasonably suspected, the chief | ||||||
8 | procurement officer or State procurement officer shall send the | ||||||
9 | contract to the Procurement Policy Board. In accordance with | ||||||
10 | the objectives of subsection (c), if the Procurement Policy | ||||||
11 | Board finds evidence of a potential conflict of interest not | ||||||
12 | originally disclosed by the contractor or subcontractor, the | ||||||
13 | Board shall provide written notice to the contractor or | ||||||
14 | subcontractor that is identified, discovered, or reasonably | ||||||
15 | suspected of having a potential conflict of interest. The | ||||||
16 | contractor or subcontractor shall have 15 days to respond in | ||||||
17 | writing to the Board, and a hearing before the Board will be | ||||||
18 | granted upon the contractor's or subcontractor's request, at a | ||||||
19 | date and time to be determined by the Board, but which in no | ||||||
20 | event shall occur later than 15 days after the date of the | ||||||
21 | request. Upon consideration, the The Board shall recommend, in | ||||||
22 | writing, whether to allow or void the contract, bid, offer, or | ||||||
23 | subcontract weighing the best interest of the State of | ||||||
24 | Illinois. All recommendations shall be submitted to the | ||||||
25 | Executive Ethics Commission chief procurement officer . The | ||||||
26 | Executive Ethics Commission chief procurement officer must |
| |||||||
| |||||||
1 | hold a public hearing within 30 days after receiving the | ||||||
2 | Board's recommendation if the Procurement Policy Board makes a | ||||||
3 | recommendation to (i) void a contract or (ii) void a bid or | ||||||
4 | offer and the chief procurement officer selected or intends to | ||||||
5 | award the contract to the bidder or offeror. A chief | ||||||
6 | procurement officer is prohibited from awarding a contract | ||||||
7 | before a hearing if the Board recommendation does not support a | ||||||
8 | bid or offer. The recommendation and proceedings of any | ||||||
9 | hearing, if applicable, shall become part of the contract, bid, | ||||||
10 | or proposal file and shall be available to the public. | ||||||
11 | (e) These thresholds and disclosure do not relieve the | ||||||
12 | chief procurement
officer, the State purchasing officer, or
| ||||||
13 | their designees from reasonable care and diligence for any | ||||||
14 | contract, bid,
offer,
or proposal. The chief procurement | ||||||
15 | officer, the State purchasing officer, or
their designees shall | ||||||
16 | be
responsible for using any reasonably known and publicly | ||||||
17 | available information
to
discover any undisclosed potential | ||||||
18 | conflict of interest and act to protect the
best interest of | ||||||
19 | the State of Illinois. | ||||||
20 | (f) Inadvertent or accidental failure to fully disclose | ||||||
21 | shall render the
contract, bid, proposal, subcontract, or | ||||||
22 | relationship voidable by the chief procurement
officer if he or | ||||||
23 | she deems it in
the best interest of the State of Illinois and, | ||||||
24 | at his or her discretion, may
be cause for barring from future | ||||||
25 | contracts, bids, proposals, subcontracts, or
relationships | ||||||
26 | with the State for a period of up to 2 years. |
| |||||||
| |||||||
1 | (g) Intentional, willful, or material failure to disclose | ||||||
2 | shall render the
contract, bid, proposal, subcontract, or | ||||||
3 | relationship voidable by the chief procurement
officer if he or | ||||||
4 | she deems it in
the best interest of the State of Illinois and | ||||||
5 | shall result in debarment from
future contracts, bids, | ||||||
6 | proposals, subcontracts, or relationships for a period of not | ||||||
7 | less
than 2 years and not more than 10 years. Reinstatement | ||||||
8 | after 2 years and
before 10 years must be reviewed and | ||||||
9 | commented on in writing by the Governor
of the State of | ||||||
10 | Illinois, or by an executive ethics board or commission he or
| ||||||
11 | she
might designate. The comment shall be returned to the | ||||||
12 | responsible chief
procurement officer who must
rule in writing | ||||||
13 | whether and when to reinstate. | ||||||
14 | (h) In addition, all disclosures shall note any other | ||||||
15 | current or pending
contracts, proposals, subcontracts, leases, | ||||||
16 | or other ongoing procurement relationships the
bidding, | ||||||
17 | proposing, offering, or subcontracting entity has with any | ||||||
18 | other unit of State
government and shall clearly identify the | ||||||
19 | unit and the contract, proposal,
lease, or other relationship. | ||||||
20 | (i) The contractor or bidder has a continuing obligation to | ||||||
21 | supplement the disclosure required by this Section throughout | ||||||
22 | the bidding process or during the term of any contract. | ||||||
23 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
24 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
25 | eff. 7-1-10; 97-490, eff. 8-22-11.) |
| |||||||
| |||||||
1 | (30 ILCS 500/50-39) | ||||||
2 | Sec. 50-39. Procurement communications reporting | ||||||
3 | requirement. | ||||||
4 | (a) Any written or oral communication received by a State | ||||||
5 | employee who, by the nature of his or her duties, has the | ||||||
6 | authority to participate personally and substantially in the | ||||||
7 | decision to award a State contract and that imparts or requests | ||||||
8 | material information or makes a material argument regarding | ||||||
9 | potential action concerning an active a procurement matter, | ||||||
10 | including, but not limited to, an application, a contract, or a | ||||||
11 | project, shall be reported to the Procurement Policy Board, | ||||||
12 | and, with respect to the Illinois Power Agency, by the | ||||||
13 | initiator of the communication, and may be reported also by the | ||||||
14 | recipient. | ||||||
15 | Any person communicating orally, in writing, | ||||||
16 | electronically, or otherwise with the Director or any person | ||||||
17 | employed by, or associated with, the Illinois Power Agency to | ||||||
18 | impart, solicit, or transfer any information related to the | ||||||
19 | content of any power procurement plan, the manner of conducting | ||||||
20 | any power procurement process, the procurement of any power | ||||||
21 | supply, or the method or structure of contracting with power | ||||||
22 | suppliers must disclose to the Procurement Policy Board the | ||||||
23 | full nature, content, and extent of any such communication in | ||||||
24 | writing by submitting a report with the following information: | ||||||
25 | (1) The names of any party to the communication. | ||||||
26 | (2) The date on which the communication occurred. |
| |||||||
| |||||||
1 | (3) The time at which the communication occurred. | ||||||
2 | (4) The duration
of the communication. | ||||||
3 | (5) The method (written, oral, etc.) of the | ||||||
4 | communication. | ||||||
5 | (6) A summary of the substantive content
of the | ||||||
6 | communication. | ||||||
7 | These communications do not include the following: (i) | ||||||
8 | statements by a person publicly made in a public forum; (ii) | ||||||
9 | statements regarding matters of procedure and practice, such as | ||||||
10 | format, the number of copies required, the manner of filing, | ||||||
11 | and the status of a matter; and (iii) statements made by a | ||||||
12 | State employee of the agency to the agency head or other | ||||||
13 | employees of that agency , or to the employees of the Executive | ||||||
14 | Ethics Commission , or to an employee of another State agency | ||||||
15 | who, through the communication, is either (a) exercising his or | ||||||
16 | her experience or expertise in the subject matter of the | ||||||
17 | particular procurement in the normal course of business, for | ||||||
18 | official purposes, and at the initiation of the purchasing | ||||||
19 | agency or the appropriate State purchasing officer, or (b) | ||||||
20 | exercising oversight, supervisory, or management authority | ||||||
21 | over the procurement in the normal course of business and as | ||||||
22 | part of official responsibilities; (iv) unsolicited | ||||||
23 | communications providing general information about products, | ||||||
24 | services, or industry best practices before those products or | ||||||
25 | services become involved in a procurement matter; (v) | ||||||
26 | communications received in response to procurement |
| |||||||
| |||||||
1 | solicitations, including, but not limited to, vendor responses | ||||||
2 | to a request for information, request for proposal, request for | ||||||
3 | qualifications, invitation for bid, or a small purchase, sole | ||||||
4 | source, or emergency solicitation, or questions and answers | ||||||
5 | posted to the Illinois Procurement Bulletin to supplement the | ||||||
6 | procurement action, provided that the communications are made | ||||||
7 | in accordance with the instructions contained in the | ||||||
8 | procurement solicitation, procedures, or guidelines; (vi) | ||||||
9 | communications that are privileged, protected, or confidential | ||||||
10 | under law; and (vii) communications that are part of a formal | ||||||
11 | procurement process as set out by statute, rule, or the | ||||||
12 | solicitation, guidelines, or procedures, including, but not | ||||||
13 | limited to, the posting of procurement opportunities, the | ||||||
14 | process for approving a procurement business case or its | ||||||
15 | equivalent, fiscal approval, submission of bids, the | ||||||
16 | finalizing of contract terms and conditions with an awardee or | ||||||
17 | apparent awardee, and similar formal procurement processes . | ||||||
18 | The provisions of this Section shall not apply to | ||||||
19 | communications regarding the administration and implementation | ||||||
20 | of an existing contract, except communications regarding | ||||||
21 | change orders or the renewal or extension of a contract. | ||||||
22 | (b) The report required by subsection (a) shall be | ||||||
23 | submitted monthly and include at least the following: (i) the | ||||||
24 | date and time of each communication; (ii) the identity of each | ||||||
25 | person from whom the written or oral communication was | ||||||
26 | received, the individual or entity represented by that person, |
| |||||||
| |||||||
1 | and any action the person requested or recommended; (iii) the | ||||||
2 | identity and job title of the person to whom each communication | ||||||
3 | was made; (iv) if a response is made, the identity and job | ||||||
4 | title of the person making each response; (v) a detailed | ||||||
5 | summary of the points made by each person involved in the | ||||||
6 | communication; (vi) the duration of the communication; (vii) | ||||||
7 | the location or locations of all persons involved in the | ||||||
8 | communication and, if the communication occurred by telephone, | ||||||
9 | the telephone numbers for the callers and recipients of the | ||||||
10 | communication; and (viii) any other pertinent information. No | ||||||
11 | trade secrets or other proprietary or confidential information | ||||||
12 | shall be included in any communication reported to the | ||||||
13 | Procurement Policy Board. | ||||||
14 | (c) Additionally, when an oral communication made by a | ||||||
15 | person required to register under the Lobbyist Registration Act | ||||||
16 | is received by a State employee that is covered under this | ||||||
17 | Section, all individuals who initiate or participate in the | ||||||
18 | oral communication shall submit a written report to that State | ||||||
19 | employee that memorializes the communication and includes, but | ||||||
20 | is not limited to, the items listed in subsection (b). | ||||||
21 | (d) The Procurement Policy Board shall make each report | ||||||
22 | submitted pursuant to this Section available on its website | ||||||
23 | within 7 days after its receipt of the report. The Procurement | ||||||
24 | Policy Board may promulgate rules to ensure compliance with | ||||||
25 | this Section. | ||||||
26 | (e) The reporting requirements shall also be conveyed |
| |||||||
| |||||||
1 | through ethics training under the State Officials and Employees | ||||||
2 | Ethics Act. An employee who knowingly and intentionally | ||||||
3 | violates this Section shall be subject to suspension or | ||||||
4 | discharge. The Executive Ethics Commission shall promulgate | ||||||
5 | rules, including emergency rules, to implement this Section. | ||||||
6 | (f) This Section becomes operative on January 1, 2011. | ||||||
7 | (g) For purposes of this Section: | ||||||
8 | "Active procurement matter" means a procurement process | ||||||
9 | beginning with requisition or determination of need by an | ||||||
10 | agency and continuing through the publication of an award | ||||||
11 | notice or other completion of a final procurement action, the | ||||||
12 | resolution of any protests, and the expiration of any protest | ||||||
13 | or Procurement Policy Board review period, if applicable. | ||||||
14 | "Active procurement matter" also includes communications | ||||||
15 | relating to change orders, renewals, or extensions. | ||||||
16 | "Material information" means information that a reasonable | ||||||
17 | person would deem important in determining his or her course of | ||||||
18 | action and pertains to significant issues, including, but not | ||||||
19 | limited to, price, quantity, and terms of payment or | ||||||
20 | performance. | ||||||
21 | "Material argument" means a communication that a | ||||||
22 | reasonable person would believe was made for the purpose of | ||||||
23 | influencing a decision relating to a procurement matter. | ||||||
24 | "Material argument" does not include general information about | ||||||
25 | products, services, or industry best practices or a response to | ||||||
26 | a communication initiated by an employee of the State for the |
| |||||||
| |||||||
1 | purposes of providing information to evaluate new products, | ||||||
2 | trends, services, or technologies. | ||||||
3 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
4 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
5 | eff. 7-1-10; 97-333, eff. 8-12-11; 97-618, eff. 10-26-11.)
| ||||||
6 | (30 ILCS 500/50-60)
| ||||||
7 | Sec. 50-60. Voidable contracts.
| ||||||
8 | (a) If any contract or amendment thereto is entered into or | ||||||
9 | purchase
or expenditure of funds is made at any time in | ||||||
10 | violation of this Code or any other law,
the contract or | ||||||
11 | amendment thereto may be declared void by the chief procurement | ||||||
12 | officer or may be
ratified and affirmed,
provided the chief | ||||||
13 | procurement officer determines that ratification is in the
best | ||||||
14 | interests of the
State. If the contract is ratified and | ||||||
15 | affirmed, it shall be without prejudice
to the State's rights | ||||||
16 | to any appropriate damages.
| ||||||
17 | (b) If, during the term of a contract, the chief | ||||||
18 | procurement officer determines
that the contractor is | ||||||
19 | delinquent in the payment of debt as set forth in
Section 50-11 | ||||||
20 | of this Code, the chief procurement officer may declare the | ||||||
21 | contract void if
it determines that voiding the contract is in | ||||||
22 | the best interests of the State.
The Debt Collection Bureau | ||||||
23 | shall adopt rules for the implementation of this
subsection | ||||||
24 | (b).
| ||||||
25 | (c) If, during the term of a contract, the chief |
| |||||||
| |||||||
1 | procurement officer determines
that the contractor is in | ||||||
2 | violation of Section 50-10.5 of this Code, the
chief | ||||||
3 | procurement officer shall declare the contract void.
| ||||||
4 | (d) If, during the term of a contract, the contracting | ||||||
5 | agency learns from an annual certification or otherwise | ||||||
6 | determines that the contractor no longer qualifies to enter | ||||||
7 | into State contracts by reason of Section 50-5, 50-10, 50-12, | ||||||
8 | 50-14, or 50-14.5 of this Article, the chief procurement | ||||||
9 | officer may declare the contract void if it determines that | ||||||
10 | voiding the contract is in the best interests of the State. | ||||||
11 | (e) If, during the term of a contract, the chief | ||||||
12 | procurement officer learns from an annual certification or | ||||||
13 | otherwise determines that a subcontractor subject to Section | ||||||
14 | 20-120 no longer qualifies to enter into State contracts by | ||||||
15 | reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or | ||||||
16 | 50-14.5 of this Article, the chief procurement officer may | ||||||
17 | declare the related contract void if it determines that voiding | ||||||
18 | the contract is in the best interests of the State. However, | ||||||
19 | the related contract shall not be declared void unless the | ||||||
20 | contractor refuses to terminate the subcontract upon the | ||||||
21 | State's request after a finding that the subcontractor no | ||||||
22 | longer qualifies to enter into State contracts by reason of one | ||||||
23 | of the Sections listed in this subsection. | ||||||
24 | (f) The changes to this Section made by Public Act 96-795 | ||||||
25 | apply to actions taken by the chief procurement officer on or | ||||||
26 | after July 1, 2010. |
| |||||||
| |||||||
1 | (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see | ||||||
2 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
3 | by P.A. 96-795); 96-1000, eff. 7-2-10.) | ||||||
4 | Section 20. The Governmental Joint Purchasing Act is | ||||||
5 | amended by changing Sections 2, 3, 4, and 4.2 as follows:
| ||||||
6 | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| ||||||
7 | Sec. 2. Joint purchasing authority. | ||||||
8 | (a) Any governmental unit may purchase personal property, | ||||||
9 | supplies
and services jointly with one or more other | ||||||
10 | governmental units. All such joint
purchases shall be by | ||||||
11 | competitive solicitation bids as provided in Section 4 of this | ||||||
12 | Act.
The provisions of any other acts under which a | ||||||
13 | governmental unit operates which
refer to purchases and | ||||||
14 | procedures in connection therewith shall be superseded
by the | ||||||
15 | provisions of this Act when the governmental units are | ||||||
16 | exercising the
joint powers created by this Act.
| ||||||
17 | (a-5) A chief procurement officer established in Section | ||||||
18 | 10-20 of the Illinois Procurement Code The Department of | ||||||
19 | Central Management Services may authorize the purchase of | ||||||
20 | personal property, supplies, and services jointly with a | ||||||
21 | governmental entity of this or another state or with a | ||||||
22 | consortium of governmental entities of one or more other | ||||||
23 | states. Subject to provisions of the joint purchasing | ||||||
24 | solicitation, the appropriate chief procurement officer |
| |||||||
| |||||||
1 | Department of Central Management Services may designate the | ||||||
2 | resulting contract as available to governmental units in | ||||||
3 | Illinois. | ||||||
4 | (b) Any not-for-profit agency that qualifies under Section | ||||||
5 | 45-35 of the Illinois Procurement Code and that either (1) acts | ||||||
6 | pursuant to a board
established by or controlled by a unit of | ||||||
7 | local government or (2) receives
grant funds from the State or | ||||||
8 | from a unit of local government, shall be
eligible to | ||||||
9 | participate in contracts established by the State.
| ||||||
10 | (Source: P.A. 96-584, eff. 1-1-10.)
| ||||||
11 | (30 ILCS 525/3) (from Ch. 85, par. 1603)
| ||||||
12 | Sec. 3. Conduct of competitive selection bid-letting . | ||||||
13 | Under any agreement of governmental units that desire to make | ||||||
14 | joint
purchases pursuant to subsection (a) of Section 2, one of | ||||||
15 | the governmental units shall conduct the competitive selection | ||||||
16 | process letting of bids .
Where the State of Illinois is a party | ||||||
17 | to the joint purchase agreement, the
appropriate chief | ||||||
18 | procurement officer Department of Central Management Services | ||||||
19 | shall conduct or authorize the competitive selection process | ||||||
20 | letting of
bids . Expenses of such competitive selection process | ||||||
21 | bid-letting may be shared by the participating
governmental | ||||||
22 | units in proportion to the amount of personal property,
| ||||||
23 | supplies or services each unit purchases.
| ||||||
24 | When the State of Illinois is a party to the joint
purchase | ||||||
25 | agreement pursuant to subsection (a) of Section 2, the |
| |||||||
| |||||||
1 | acceptance of responses to the competitive selection process | ||||||
2 | bids shall be in
accordance with the Illinois Procurement Code | ||||||
3 | and
rules promulgated under that Code. When the State of
| ||||||
4 | Illinois is not a party to the joint purchase agreement, the
| ||||||
5 | acceptance of responses to the competitive selection process | ||||||
6 | bids shall be governed by the agreement.
| ||||||
7 | When the State of Illinois is a party to a joint purchase | ||||||
8 | agreement pursuant to subsection (a-5) of Section 2, the State | ||||||
9 | may act as the lead state or as a participant state. When the | ||||||
10 | State of Illinois is the lead state, all such joint purchases | ||||||
11 | shall be conducted in accordance with the Illinois Procurement | ||||||
12 | Code. When Illinois is a participant state, all such joint | ||||||
13 | purchases shall be conducted in accordance with the procurement | ||||||
14 | laws of the lead state; provided that all such joint | ||||||
15 | procurements must be by competitive solicitation process | ||||||
16 | sealed bid . All resulting awards shall be published in the | ||||||
17 | appropriate volume of the Illinois Procurement Bulletin as may | ||||||
18 | be required by Illinois law governing publication of the | ||||||
19 | solicitation, protest, and award of Illinois State contracts. | ||||||
20 | Contracts resulting from a joint purchase shall contain all | ||||||
21 | provisions required by Illinois law and rule. | ||||||
22 | The personal
property, supplies or services involved shall | ||||||
23 | be distributed or rendered
directly to each governmental unit | ||||||
24 | taking part in the purchase. The person
selling the personal | ||||||
25 | property, supplies or services may bill each
governmental unit | ||||||
26 | separately for its proportionate share of the cost of the
|
| |||||||
| |||||||
1 | personal property, supplies or services purchased.
| ||||||
2 | The credit or liability of each governmental unit shall | ||||||
3 | remain separate
and distinct. Disputes between bidders and | ||||||
4 | governmental units shall be resolved
between the immediate | ||||||
5 | parties.
| ||||||
6 | (Source: P.A. 96-584, eff. 1-1-10.)
| ||||||
7 | (30 ILCS 525/4) (from Ch. 85, par. 1604)
| ||||||
8 | Sec. 4. Bids and proposals . The purchases of all personal | ||||||
9 | property, supplies and services under
this Act shall be based | ||||||
10 | on competitive solicitations , sealed bids . For purchases | ||||||
11 | pursuant to subsection (a) of Section 2, bids and proposals | ||||||
12 | shall be
solicited by public notice inserted at least once in a | ||||||
13 | newspaper of general
circulation in one of the counties where | ||||||
14 | the materials are to be used and
at least 5 calendar days | ||||||
15 | before the final date of submitting bids or proposals . Where
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16 | the State of Illinois is a party to the joint purchase | ||||||
17 | agreement, public
notice soliciting the bids shall be published | ||||||
18 | inserted in the appropriate volume of the Illinois Procurement | ||||||
19 | Bulletin. Such notice shall include a general description of | ||||||
20 | the personal
property, supplies or services to be purchased and | ||||||
21 | shall state where all
blanks and specifications may be obtained | ||||||
22 | and the time and place for the
opening of bids and proposals . | ||||||
23 | The governmental unit conducting the competitive selection | ||||||
24 | process bid-letting may also
solicit sealed bids or proposals | ||||||
25 | by sending requests by mail to prospective suppliers
and by |
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1 | posting notices on a public bulletin board in its office.
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2 | All purchases, orders or contracts shall be awarded to the | ||||||
3 | lowest
responsible bidder or highest-ranked proposer , taking | ||||||
4 | into consideration the qualities of the articles
or services | ||||||
5 | supplied, their conformity with the specifications, their
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6 | suitability to the requirements of the participating | ||||||
7 | governmental units and
the delivery terms.
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8 | Where the State of Illinois is not a party, all bids or | ||||||
9 | proposals may be rejected and
new bids or proposals solicited | ||||||
10 | if one or more of the participating governmental units
believes | ||||||
11 | the public interest may be served thereby. Each bid or | ||||||
12 | proposal , with the name
of the bidder or proposer , shall be | ||||||
13 | entered on a record, which record with the
successful bid or | ||||||
14 | proposal indicated thereon shall, after the award of the | ||||||
15 | purchase or
order or contract, be open to public inspection. A | ||||||
16 | copy of all contracts
shall be filed with the purchasing office | ||||||
17 | agent or clerk or secretary of each
participating governmental | ||||||
18 | unit.
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19 | (Source: P.A. 96-584, eff. 1-1-10.)
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20 | (30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
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21 | Sec. 4.2.
Any governmental unit may, without violating any | ||||||
22 | bidding
requirement otherwise applicable to it, procure | ||||||
23 | personal property, supplies
and services under any contract let | ||||||
24 | by the State pursuant to lawful
procurement procedures. | ||||||
25 | Purchases made by the State of Illinois must be approved or |
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1 | authorized by the appropriate chief procurement officer
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2 | (Source: P.A. 87-960.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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