HB5491 EngrossedLRB098 18402 JWD 53539 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 20-50 and 40-5 as follows:
6    (30 ILCS 500/20-50)
7    Sec. 20-50. Specifications. Specifications shall be
8prepared in accordance with consistent standards that are
9promulgated by the chief procurement officer and reviewed by
10the Board and the Joint Committee on Administrative Rules.
11Those standards shall include a prohibition against the use of
12brand-name only products, except for products intended for
13retail sale or as specified by rule. All specifications shall
14seek to promote overall economy for the purposes intended and
15encourage competition in satisfying the State's needs and shall
16not be unduly restrictive.
17    A solicitation or specification for a contract or a
18contract, including, a contract but not limited to, of a
19college, university, or institution under the jurisdiction of a
20governing board listed in Section 1-15.100, may not require,
21stipulate, suggest, or encourage a monetary or other financial
22contribution or donation, cash bonus or incentive, or economic
23investment, or other prohibited conduct as an explicit or



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1implied term or condition for awarding or completing the
2contract. The contract, solicitation, or specification also
3may not include a requirement that an individual or individuals
4employed by such a college, university, or institution receive
5a consulting contract for professional services.
6    As used in this Section, "prohibited conduct" includes
7requested payments or other consideration by a third party to
8the university or State agency that is not part of the
9solicitation or that is unrelated to the subject matter or
10purpose of the solicitation. "Prohibited conduct" does not
11include a payment from the vendor that is supported by
12additional consideration (such as exclusive rights to sell
13items or rights to advertise), other than the consideration of
14the State's awarding a contract to purchase of goods and
16(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17for the effective date of changes made by P.A. 96-795).)
18    (30 ILCS 500/40-5)
19    Sec. 40-5. Applicability. All leases for real property or
20capital improvements, including office and storage space,
21buildings, and other facilities for State agencies, shall be
22procured in accordance with the provisions of this Article. All
23State agencies, with the exception of public institutions of
24higher education, shall, in consultation with the Department of
25Central Management Services, evaluate the State's existing



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1lease portfolio prior to engaging in a procurement for real
2property or capital improvements.
3(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.