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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 1-10, 1-11, 1-12, 1-13, 1-15.30, 1-15.50, | ||||||
6 | 1-15.80, 1-15.107, 1-15.108, 1-15.110, 5-5, 5-25, 5-30, 10-20, | ||||||
7 | 15-20, 15-25, 15-30, 15-35, 20-5, 20-10, 20-15, 20-25, 20-30, | ||||||
8 | 20-35, 20-40, 20-43, 20-50, 20-80, 20-95, 20-120, 20-155, | ||||||
9 | 20-160, 25-60, 25-65, 25-80, 30-22, 30-30, 35-30, 35-40, 40-5, | ||||||
10 | 40-15, 40-20, 40-25, 40-55, 45-10, 45-20, 45-30, 45-35, 45-45, | ||||||
11 | 45-57, 45-67, 45-70, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-13, | ||||||
12 | 50-14, 50-20, 50-25, 50-35, 50-36, 50-37, 50-38, 50-39, 50-40, | ||||||
13 | 50-45, 50-70, 55-10 and by adding Sections 1-15.01, 1-15.02, | ||||||
14 | 1-15.12, 1-15.13, 1-15.17, 1-15.51, 1-15.52, 1-15.86, | ||||||
15 | 1-15.111, 15-40, and 15-45 as follows:
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16 | (30 ILCS 500/1-10)
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17 | Sec. 1-10. Application.
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18 | (a) This Code applies only to procurements for which | ||||||
19 | bidders, offerors, potential contractors, or contractors were | ||||||
20 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
21 | be construed to affect
or impair any contract, or any provision | ||||||
22 | of a contract, entered into based on a
solicitation prior to | ||||||
23 | the implementation date of this Code as described in
Article |
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1 | 99, including but not limited to any covenant entered into with | ||||||
2 | respect
to any revenue bonds or similar instruments.
All | ||||||
3 | procurements for which contracts are solicited between the | ||||||
4 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
5 | substantially in accordance
with this Code and its intent.
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6 | (b) This Code shall apply regardless of the source of the | ||||||
7 | funds with which
the contracts are paid, including federal | ||||||
8 | assistance moneys.
This Code shall
not apply to:
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9 | (1) Contracts between the State and its political | ||||||
10 | subdivisions or other
governments, or between State | ||||||
11 | governmental bodies except as specifically
provided in | ||||||
12 | this Code.
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13 | (2) Grants, except for the filing requirements of | ||||||
14 | Section 20-80.
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15 | (3) Purchase of care.
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16 | (4) Hiring of an individual as employee and not as an | ||||||
17 | independent
contractor, whether pursuant to an employment | ||||||
18 | code or policy or by contract
directly with that | ||||||
19 | individual.
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20 | (5) Collective bargaining contracts.
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21 | (6) Purchase of real estate, except that notice of this | ||||||
22 | type of contract with a value of more than $25,000 must be | ||||||
23 | published in the Procurement Bulletin within 10 calendar 7 | ||||||
24 | days after the deed is recorded in the county of | ||||||
25 | jurisdiction. The notice shall identify the real estate | ||||||
26 | purchased, the names of all parties to the contract, the |
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1 | value of the contract, and the effective date of the | ||||||
2 | contract.
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3 | (7) Contracts necessary to prepare for anticipated | ||||||
4 | litigation, enforcement
actions, or investigations, | ||||||
5 | provided
that the chief legal counsel to the Governor shall | ||||||
6 | give his or her prior
approval when the procuring agency is | ||||||
7 | one subject to the jurisdiction of the
Governor, and | ||||||
8 | provided that the chief legal counsel of any other | ||||||
9 | procuring
entity
subject to this Code shall give his or her | ||||||
10 | prior approval when the procuring
entity is not one subject | ||||||
11 | to the jurisdiction of the Governor.
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12 | (8) Contracts for
services to Northern Illinois | ||||||
13 | University by a person, acting as
an independent | ||||||
14 | contractor, who is qualified by education, experience, and
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15 | technical ability and is selected by negotiation for the | ||||||
16 | purpose of providing
non-credit educational service | ||||||
17 | activities or products by means of specialized
programs | ||||||
18 | offered by the university.
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19 | (9) Procurement expenditures by the Illinois | ||||||
20 | Conservation Foundation
when only private funds are used.
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21 | (10) Procurement expenditures by the Illinois Health | ||||||
22 | Information Exchange Authority involving private funds | ||||||
23 | from the Health Information Exchange Fund. "Private funds" | ||||||
24 | means gifts, donations, and private grants. | ||||||
25 | (11) Public-private agreements entered into according | ||||||
26 | to the procurement requirements of Section 20 of the |
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1 | Public-Private Partnerships for Transportation Act and | ||||||
2 | design-build agreements entered into according to the | ||||||
3 | procurement requirements of Section 25 of the | ||||||
4 | Public-Private Partnerships for Transportation Act. | ||||||
5 | (12) Contracts for legal, financial, and other | ||||||
6 | professional and artistic services entered into on or | ||||||
7 | before December 31, 2018 by the Illinois Finance Authority | ||||||
8 | in which the State of Illinois is not obligated. Such | ||||||
9 | contracts shall be awarded through a competitive process | ||||||
10 | authorized by the Board of the Illinois Finance Authority | ||||||
11 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
12 | 50-35, and 50-37 of this Code, as well as the final | ||||||
13 | approval by the Board of the Illinois Finance Authority of | ||||||
14 | the terms of the contract. | ||||||
15 | Notwithstanding any other provision of law, contracts | ||||||
16 | entered into under item (12) of this subsection (b) shall be | ||||||
17 | published in the Procurement Bulletin within 14 calendar days | ||||||
18 | after contract execution. The chief procurement officer shall | ||||||
19 | prescribe the form and content of the notice. The Illinois | ||||||
20 | Finance Authority shall provide the chief procurement officer, | ||||||
21 | on a monthly basis, in the form and content prescribed by the | ||||||
22 | chief procurement officer, a report of contracts that are | ||||||
23 | related to the procurement of goods and services identified in | ||||||
24 | item (12) of this subsection (b). At a minimum, this report | ||||||
25 | shall include the name of the contractor, a description of the | ||||||
26 | supply or service provided, the total amount of the contract, |
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1 | the term of the contract, and the exception to the Code | ||||||
2 | utilized. A copy of each of these contracts shall be made | ||||||
3 | available to the chief procurement officer immediately upon | ||||||
4 | request. The chief procurement officer shall submit a report to | ||||||
5 | the Governor and General Assembly no later than November 1 of | ||||||
6 | each year that shall include, at a minimum, an annual summary | ||||||
7 | of the monthly information reported to the chief procurement | ||||||
8 | officer. | ||||||
9 | (c) This Code does not apply to the electric power | ||||||
10 | procurement process provided for under Section 1-75 of the | ||||||
11 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
12 | Utilities Act. | ||||||
13 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
14 | and as expressly required by Section 9.1 of the Illinois | ||||||
15 | Lottery Law, the provisions of this Code do not apply to the | ||||||
16 | procurement process provided for under Section 9.1 of the | ||||||
17 | Illinois Lottery Law. | ||||||
18 | (e) This Code does not apply to the process used by the | ||||||
19 | Capital Development Board to retain a person or entity to | ||||||
20 | assist the Capital Development Board with its duties related to | ||||||
21 | the determination of costs of a clean coal SNG brownfield | ||||||
22 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
23 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
24 | the Public Utilities Act, including calculating the range of | ||||||
25 | capital costs, the range of operating and maintenance costs, or | ||||||
26 | the sequestration costs or monitoring the construction of clean |
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1 | coal SNG brownfield facility for the full duration of | ||||||
2 | construction. | ||||||
3 | (f) This Code does not apply to the process used by the | ||||||
4 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
5 | agreement disputes between gas utilities and the clean coal SNG | ||||||
6 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
7 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
8 | 9-220 of the Public Utilities Act. | ||||||
9 | (g) This Code does not apply to the processes used by the | ||||||
10 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
11 | disputes between gas utilities and the clean coal SNG facility | ||||||
12 | and to retain an expert to assist in the review of contracts | ||||||
13 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
14 | Act. This Code does not apply to the process used by the | ||||||
15 | Illinois Commerce Commission to retain an expert to assist in | ||||||
16 | determining the actual incurred costs of the clean coal SNG | ||||||
17 | facility and the reasonableness of those costs as required | ||||||
18 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
19 | Act. | ||||||
20 | (h) This Code does not apply to the process to procure or | ||||||
21 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
22 | 11-5.3 of the Illinois Public Aid Code. | ||||||
23 | (i) Each chief procurement officer may access records | ||||||
24 | necessary to review whether a contract, purchase, or other | ||||||
25 | expenditure is or is not subject to the provisions of this | ||||||
26 | Code, unless such records would be subject to attorney-client |
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1 | privilege. | ||||||
2 | (j) This Code does not apply to the process used by the | ||||||
3 | Capital Development Board to retain an artist or work or works | ||||||
4 | of art as required in Section 14 of the Capital Development | ||||||
5 | Board Act. | ||||||
6 | (k) This Code does not apply to the process to procure | ||||||
7 | contracts, or contracts entered into, by the State Board of | ||||||
8 | Elections or the State Electoral Board for hearing officers | ||||||
9 | appointed pursuant to the Election Code. | ||||||
10 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | ||||||
11 | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | ||||||
12 | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
13 | 98-572, eff. 1-1-14; revised 9-9-13.)
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14 | (30 ILCS 500/1-11) | ||||||
15 | Sec. 1-11. Applicability of certain Public Acts. The | ||||||
16 | changes made to this Code by Public Act 96-793, Public Act | ||||||
17 | 96-795, and this amendatory Act of the 96th General Assembly | ||||||
18 | apply to those procurements for which bidders, offerors, | ||||||
19 | vendors, potential contractors, or contractors were first | ||||||
20 | solicited on or after July 1, 2010.
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21 | (Source: P.A. 96-920, eff. 7-1-10.) | ||||||
22 | (30 ILCS 500/1-12) | ||||||
23 | (Section scheduled to be repealed on December 31, 2016) | ||||||
24 | Sec. 1-12. Applicability to artistic or musical services. |
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1 | (a) This Code shall
not apply to procurement expenditures | ||||||
2 | necessary to provide artistic or musical services, | ||||||
3 | performances, or theatrical productions held at a venue | ||||||
4 | operated or leased by a State agency. | ||||||
5 | (b) Notice of each contract entered into by a State agency | ||||||
6 | that is related to the procurement of goods and services | ||||||
7 | identified in this Section shall be published in the Illinois | ||||||
8 | Procurement Bulletin within 14 calendar days after contract | ||||||
9 | execution. The chief procurement officer shall prescribe the | ||||||
10 | form and content of the notice. Each State agency shall provide | ||||||
11 | the chief procurement officer, on a monthly basis, in the form | ||||||
12 | and content prescribed by the chief procurement officer, a | ||||||
13 | report of contracts that are related to the procurement of | ||||||
14 | goods and services identified in this Section. At a minimum, | ||||||
15 | this report shall include the name of the contractor, a | ||||||
16 | description of the supply or service provided, the total amount | ||||||
17 | of the contract, the term of the contract, and the exception to | ||||||
18 | the Code utilized. A copy of any or all of these contracts | ||||||
19 | shall be made available to the chief procurement officer | ||||||
20 | immediately upon request. The chief procurement officer shall | ||||||
21 | submit a report to the Governor and General Assembly no later | ||||||
22 | than November 1 of each year that shall include, at a minimum, | ||||||
23 | an annual summary of the monthly information reported to the | ||||||
24 | chief procurement officer. | ||||||
25 | (c)
This Section is repealed December 31, 2016.
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26 | (Source: P.A. 97-895, eff. 8-3-12.) |
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1 | (30 ILCS 500/1-13) | ||||||
2 | (Section scheduled to be repealed on December 31, 2014) | ||||||
3 | Sec. 1-13. Applicability to public institutions of higher | ||||||
4 | education. | ||||||
5 | (a) This Code shall apply to public institutions of higher | ||||||
6 | education, regardless of the source of the funds with which | ||||||
7 | contracts are paid, except as provided in this Section. | ||||||
8 | (b) Except as provided in this Section, this Code shall not | ||||||
9 | apply to procurements made by or on behalf of public | ||||||
10 | institutions of higher education for any of the following: | ||||||
11 | (1) Memberships in professional, academic, research, | ||||||
12 | or athletic organizations on behalf of a public institution | ||||||
13 | of higher education, an employee of a public institution of | ||||||
14 | higher education, or a student at a public institution of | ||||||
15 | higher education. | ||||||
16 | (2) Procurement expenditures for events or activities | ||||||
17 | paid for exclusively by revenues generated by the event or | ||||||
18 | activity, gifts or donations for the event or activity, | ||||||
19 | private grants, or any combination thereof. | ||||||
20 | (3) Procurement expenditures for events or activities | ||||||
21 | for which the use of specific potential contractors vendors | ||||||
22 | is mandated or identified by the sponsor of the event or | ||||||
23 | activity, provided that the sponsor is providing a majority | ||||||
24 | of the funding for the event or activity. | ||||||
25 | (4) Procurement expenditures necessary to provide |
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1 | artistic or musical services, performances, or productions | ||||||
2 | held at a venue operated by a public institution of higher | ||||||
3 | education. | ||||||
4 | (5) Procurement expenditures for periodicals and books | ||||||
5 | procured for use by a university library or academic | ||||||
6 | department, except for expenditures related to procuring | ||||||
7 | textbooks for student use or materials for resale or | ||||||
8 | rental. | ||||||
9 | (6) Procurement expenditures for placement of students | ||||||
10 | in externships, practicums, field experiences, and medical | ||||||
11 | residencies and rotations. | ||||||
12 | (7) Contracts for programming and broadcast license | ||||||
13 | rights for university-operated radio and television | ||||||
14 | stations. | ||||||
15 | Notice of each contract entered into by a public institution of | ||||||
16 | higher education that is related to the procurement of goods | ||||||
17 | and services identified in items (1) through (7) (5) of this | ||||||
18 | subsection shall be published in the Procurement Bulletin | ||||||
19 | within 14 calendar days after contract execution. The Chief | ||||||
20 | Procurement Officer shall prescribe the form and content of the | ||||||
21 | notice. Each public institution of higher education shall | ||||||
22 | provide the Chief Procurement Officer, on a monthly basis, in | ||||||
23 | the form and content prescribed by the Chief Procurement | ||||||
24 | Officer, a report of contracts that are related to the | ||||||
25 | procurement of goods and services identified in this | ||||||
26 | subsection. At a minimum, this report shall include the name of |
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1 | the contractor, a description of the supply or service | ||||||
2 | provided, the total amount of the contract, the term of the | ||||||
3 | contract, and the exception to the Code utilized. A copy of any | ||||||
4 | or all of these contracts shall be made available to the Chief | ||||||
5 | Procurement Officer immediately upon request. The Chief | ||||||
6 | Procurement Officer shall submit a report to the Governor and | ||||||
7 | General Assembly no later than November 1 of each year that | ||||||
8 | shall include, at a minimum, an annual summary of the monthly | ||||||
9 | information reported to the Chief Procurement Officer. | ||||||
10 | (b-5) Except as provided in this subsection, the provisions | ||||||
11 | of this Code shall not apply to contracts for FDA-regulated | ||||||
12 | supplies, and to contracts for medical services necessary for | ||||||
13 | the delivery of care and treatment at medical, dental, or | ||||||
14 | veterinary teaching facilities utilized by Southern Illinois | ||||||
15 | University or the University of Illinois. Other supplies and | ||||||
16 | services needed for these teaching facilities shall be subject | ||||||
17 | to the jurisdiction of the Chief Procurement Officer for Public | ||||||
18 | Institutions of Higher Education who may establish expedited | ||||||
19 | procurement procedures and may waive or modify certification, | ||||||
20 | contract, hearing, process and registration requirements | ||||||
21 | required by the Code. All procurements made under this | ||||||
22 | subsection shall be documented and may require publication in | ||||||
23 | the Illinois Procurement Bulletin. | ||||||
24 | (c) Procurements made by or on behalf of public | ||||||
25 | institutions of higher education for any of the following shall | ||||||
26 | be made in accordance with the requirements of this Code to the |
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1 | extent practical as provided in this subsection: | ||||||
2 | (1) Contracts with a foreign entity necessary for | ||||||
3 | research or educational activities, provided that the | ||||||
4 | foreign entity either does not maintain an office in the | ||||||
5 | United States or is the sole source of the service or | ||||||
6 | product. | ||||||
7 | (2) (Blank). Procurements of FDA-regulated goods, | ||||||
8 | products, and services necessary for the delivery of care | ||||||
9 | and treatment at medical, dental, or veterinary teaching | ||||||
10 | facilities utilized by the University of Illinois or | ||||||
11 | Southern Illinois University. | ||||||
12 | (3) (Blank). Contracts for programming and broadcast | ||||||
13 | license rights for university-operated radio and | ||||||
14 | television stations. | ||||||
15 | (4) Procurements required for fulfillment of a grant. | ||||||
16 | Upon the written request of a public institution of higher | ||||||
17 | education, the Chief Procurement Officer may waive | ||||||
18 | registration, certification, and hearing requirements of this | ||||||
19 | Code if, based on the item to be procured or the terms of a | ||||||
20 | grant, compliance is impractical. The public institution of | ||||||
21 | higher education shall provide the Chief Procurement Officer | ||||||
22 | with specific reasons for the waiver, including the necessity | ||||||
23 | of contracting with a particular potential contractor vendor , | ||||||
24 | and shall certify that an effort was made in good faith to | ||||||
25 | comply with the provisions of this Code. The Chief Procurement | ||||||
26 | Officer shall provide written justification for any waivers. By |
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1 | November 1 of each year, the Chief Procurement Officer shall | ||||||
2 | file a report with the General Assembly identifying each | ||||||
3 | contract approved with waivers and providing the justification | ||||||
4 | given for any waivers for each of those contracts. Notice of | ||||||
5 | each waiver made under this subsection shall be published in | ||||||
6 | the Procurement Bulletin within 14 calendar days after contract | ||||||
7 | execution. The Chief Procurement Officer shall prescribe the | ||||||
8 | form and content of the notice. | ||||||
9 | (d) Notwithstanding this Section, a waiver of the | ||||||
10 | registration requirements of Section 20-160 does not permit a | ||||||
11 | business entity and any affiliated entities or affiliated | ||||||
12 | persons to make campaign contributions if otherwise prohibited | ||||||
13 | by Section 50-37. The total amount of contracts awarded in | ||||||
14 | accordance with this Section shall be included in determining | ||||||
15 | the aggregate amount of contracts or pending bids of a business | ||||||
16 | entity and any affiliated entities or affiliated persons. | ||||||
17 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
18 | this Code, the Chief Procurement Officer, with the approval of | ||||||
19 | the Executive Ethics Commission, may permit a public | ||||||
20 | institution of higher education to accept a bid or enter into a | ||||||
21 | contract with a business that assisted the public institution | ||||||
22 | of higher education in determining whether there is a need for | ||||||
23 | a contract or assisted in reviewing, drafting, or preparing | ||||||
24 | documents related to a bid or contract, provided that the bid | ||||||
25 | or contract is essential to research administered by the public | ||||||
26 | institution of higher education and it is in the best interest |
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1 | of the public institution of higher education to accept the bid | ||||||
2 | or contract. For purposes of this subsection, "business" | ||||||
3 | includes all individuals with whom a business is affiliated, | ||||||
4 | including, but not limited to, any officer, agent, employee, | ||||||
5 | consultant, independent contractor, director, partner, | ||||||
6 | manager, or shareholder of a business. The Executive Ethics | ||||||
7 | Commission may promulgate rules and regulations for the | ||||||
8 | implementation and administration of the provisions of this | ||||||
9 | subsection (e). | ||||||
10 | (f) As used in this Section: | ||||||
11 | "Grant" means non-appropriated funding provided by a | ||||||
12 | federal or private entity to support a project or program | ||||||
13 | administered by a public institution of higher education and | ||||||
14 | any non-appropriated funding provided to a sub-recipient of the | ||||||
15 | grant. | ||||||
16 | "Public institution of higher education" means Chicago | ||||||
17 | State University, Eastern Illinois University, Governors State | ||||||
18 | University, Illinois State University, Northeastern Illinois | ||||||
19 | University, Northern Illinois University, Southern Illinois | ||||||
20 | University, University of Illinois, Western Illinois | ||||||
21 | University, and, for purposes of this Code only, the Illinois | ||||||
22 | Mathematics and Science Academy. | ||||||
23 | (g) This Section is repealed on December 31, 2016 2014 .
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24 | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.) | ||||||
25 | (30 ILCS 500/1-15.01 new) |
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1 | Sec. 1-15.01. Bid. "Bid" means the response submitted by a | ||||||
2 | bidder in a competitive sealed bidding process, to an | ||||||
3 | invitation for bid, or to a multi-step sealed bidding process. | ||||||
4 | (30 ILCS 500/1-15.02 new) | ||||||
5 | Sec. 1-15.02. Bidder. "Bidder" means one who submits a | ||||||
6 | response in a competitive sealed bidding process, to an | ||||||
7 | invitation for bid, or to a multi-step sealed bidding process. | ||||||
8 | (30 ILCS 500/1-15.12 new) | ||||||
9 | Sec. 1-15.12. Change order. "Change order" means a change | ||||||
10 | in a contract term, other than as specifically provided for in | ||||||
11 | the contract, which authorizes or necessitates any increase or | ||||||
12 | decrease in the cost of the contract or the time for completion | ||||||
13 | for procurements subject to the jurisdiction of the chief | ||||||
14 | procurement officers appointed pursuant to Section 10-20. | ||||||
15 | (30 ILCS 500/1-15.13 new) | ||||||
16 | Sec. 1-15.13. Chief Procurement Office. "Chief Procurement | ||||||
17 | Office" means the offices to which the chief procurement | ||||||
18 | officers are appointed pursuant to Section 10-20. | ||||||
19 | (30 ILCS 500/1-15.17 new) | ||||||
20 | Sec. 1-15.17. Contractor. "Contractor" means any person | ||||||
21 | having a contract with a State agency as defined in Section | ||||||
22 | 1-15.30.
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1 | (30 ILCS 500/1-15.30)
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2 | Sec. 1-15.30. Contract. "Contract" means all types of
State | ||||||
3 | agreements, including change orders and renewals, regardless
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4 | of what they may be called, for the procurement, use, or | ||||||
5 | disposal
of supplies, services,
professional or artistic | ||||||
6 | services, or construction or for leases of real
property where | ||||||
7 | the State is the , whether the State is lessor or lessee, or
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8 | capital improvements,
and including renewals, master | ||||||
9 | contracts, contracts for financing through
use of installment | ||||||
10 | or
lease-purchase arrangements, renegotiated contracts, | ||||||
11 | amendments to contracts, and change orders.
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12 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
13 | for the effective date of changes made by P.A. 96-795) .)
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14 | (30 ILCS 500/1-15.50)
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15 | Sec. 1-15.50. Negotiation. "Negotiation" means the
process | ||||||
16 | of selecting a contractor
other than by competitive sealed | ||||||
17 | bids, multi-step sealed bidding,
or competitive sealed | ||||||
18 | proposals,
whereby a purchasing agency can establish any and | ||||||
19 | all terms and
conditions of a procurement
contract by | ||||||
20 | discussion with one or more potential prospective contractors.
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21 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
22 | (30 ILCS 500/1-15.51 new) | ||||||
23 | Sec. 1-15.51. Offer. "Offer" means a response submitted by |
| |||||||
| |||||||
1 | an offeror in a competitive sealed proposal process or to a | ||||||
2 | request for proposal. | ||||||
3 | (30 ILCS 500/1-15.52 new) | ||||||
4 | Sec. 1-15.52. Offeror. "Offeror" means any person who | ||||||
5 | submits a proposal in response to a competitive sealed proposal | ||||||
6 | process or a request for proposals.
| ||||||
7 | (30 ILCS 500/1-15.80)
| ||||||
8 | Sec. 1-15.80. Responsible bidder , potential contractor, or | ||||||
9 | offeror.
"Responsible bidder , potential contractor, or | ||||||
10 | offeror" means
a person who has the capability in all respects | ||||||
11 | to perform fully
the contract requirements and
the integrity | ||||||
12 | and reliability that will assure good faith
performance. A | ||||||
13 | responsible bidder or offeror shall not include a business or | ||||||
14 | other entity that does not exist as a legal entity at the time | ||||||
15 | a bid or offer or proposal is submitted for a State contract.
| ||||||
16 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
17 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
18 | (30 ILCS 500/1-15.86 new) | ||||||
19 | Sec. 1-15.86. Responsive offeror. "Responsive offeror" | ||||||
20 | means a person who has submitted an offer that conforms in all | ||||||
21 | material respects to the request for proposals. | ||||||
22 | (30 ILCS 500/1-15.107) |
| |||||||
| |||||||
1 | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | ||||||
2 | between a person and a person who has a contract subject to | ||||||
3 | this Code, pursuant to which the subcontractor provides to the | ||||||
4 | contractor, or, if the contract price exceeds $50,000, another | ||||||
5 | subcontractor, some or all of the goods, services, real | ||||||
6 | property, remuneration, or other monetary forms of | ||||||
7 | consideration that are the subject of the primary contract and | ||||||
8 | includes, among other things, subleases from a lessee of a | ||||||
9 | State agency. For purposes of this Code, a "subcontract" does | ||||||
10 | not include purchases of goods or supplies that are incidental | ||||||
11 | to the performance of a contract by a person who has a contract | ||||||
12 | subject to this Code.
| ||||||
13 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
14 | for the effective date of P.A. 96-795); 97-895, eff. 8-3-12.) | ||||||
15 | (30 ILCS 500/1-15.108) | ||||||
16 | Sec. 1-15.108. Subcontractor. "Subcontractor" means a | ||||||
17 | person or entity that enters into a contractual agreement with | ||||||
18 | a total value of $50,000 or more with a person or entity who | ||||||
19 | has a contract subject to this Code pursuant to which the | ||||||
20 | person or entity provides some or all of the goods, services, | ||||||
21 | real property, remuneration, or other monetary forms of | ||||||
22 | consideration that are the subject of the primary State | ||||||
23 | contract, including subleases from a lessee of a State | ||||||
24 | contract. For purposes of this Code, a person or entity is not | ||||||
25 | a "subcontractor" if that person only provides goods or |
| |||||||
| |||||||
1 | supplies that are incidental to the performance of a contract | ||||||
2 | by a person who has a contract subject to this Code.
| ||||||
3 | (Source: P.A. 96-920, eff. 7-1-10; 97-895, eff. 8-3-12.)
| ||||||
4 | (30 ILCS 500/1-15.110)
| ||||||
5 | Sec. 1-15.110. Supplies. "Supplies" means all personal
| ||||||
6 | property, including but not
limited to equipment, materials, | ||||||
7 | printing, and insurance, and the
financing of those supplies | ||||||
8 | that can be procured regularly or are available on the | ||||||
9 | commercial market .
| ||||||
10 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
11 | (30 ILCS 500/1-15.111 new) | ||||||
12 | Sec. 1-15.111. Supplier. "Supplier" means any person or | ||||||
13 | entity providing supplies, including, but not limited to, | ||||||
14 | equipment, materials, printing, and insurance, and the | ||||||
15 | financing of those supplies that can be procured regularly or | ||||||
16 | are available on the commercial market.
| ||||||
17 | (30 ILCS 500/5-5)
| ||||||
18 | Sec. 5-5. Procurement Policy Board.
| ||||||
19 | (a) Creation. There is created a Procurement Policy Board, | ||||||
20 | an agency of the State of Illinois.
| ||||||
21 | (b) Authority and duties. The Board shall have the
| ||||||
22 | authority and responsibility to
review, comment upon, and | ||||||
23 | recommend, consistent with this Code, rules and
practices |
| |||||||
| |||||||
1 | governing the
procurement, management, control,
and disposal | ||||||
2 | of supplies, services, professional or artistic
services, | ||||||
3 | construction, and real
property and capital improvement leases | ||||||
4 | procured by the State.
The Board shall also have the authority | ||||||
5 | to recommend a program for professional development and provide | ||||||
6 | opportunities for training in procurement practices and | ||||||
7 | policies to chief procurement officers and their staffs in | ||||||
8 | order to ensure that all procurement is conducted in an | ||||||
9 | efficient, professional, and appropriately transparent manner. | ||||||
10 | Upon a three-fifths vote of its members, the Board may | ||||||
11 | review a
contract.
Upon a three-fifths vote of its members, the | ||||||
12 | Board may propose procurement
rules for consideration by chief | ||||||
13 | procurement officers. These proposals shall
be published in | ||||||
14 | each volume of the Procurement Bulletin.
Except as otherwise | ||||||
15 | provided by law, the Board shall act upon the vote of a
| ||||||
16 | majority of its members who have been appointed and are | ||||||
17 | serving.
| ||||||
18 | (b-5) Reviews, studies, and hearings. The Board may review, | ||||||
19 | study, and hold public hearings concerning the implementation | ||||||
20 | and administration of this Code. Each chief procurement | ||||||
21 | officer, State purchasing officer, procurement compliance | ||||||
22 | monitor, and State agency shall cooperate with the Board, | ||||||
23 | provide information to the Board, and be responsive to the | ||||||
24 | Board in the Board's conduct of its reviews, studies, and | ||||||
25 | hearings.
| ||||||
26 | (c) Members. The Board shall consist of 5 members
appointed |
| |||||||
| |||||||
1 | one each by the 4 legislative leaders and
the Governor.
Each
| ||||||
2 | member shall have demonstrated sufficient business or | ||||||
3 | professional
experience in the area of
procurement to perform | ||||||
4 | the functions of the Board. No member may be a member
of the | ||||||
5 | General Assembly.
| ||||||
6 | (d) Terms. Of the initial appointees, the Governor shall
| ||||||
7 | designate one member, as Chairman, to serve
a one-year term, | ||||||
8 | the President of the Senate and the Speaker of the House shall
| ||||||
9 | each appoint one member to serve 3-year terms, and the Minority | ||||||
10 | Leader of the
House
and the Minority Leader of the Senate shall | ||||||
11 | each
appoint one member to serve 2-year terms. Subsequent
terms | ||||||
12 | shall be 4 years. Members may be reappointed for
succeeding | ||||||
13 | terms.
| ||||||
14 | (e) Reimbursement. Members shall receive no compensation
| ||||||
15 | but shall be reimbursed
for any expenses reasonably incurred in | ||||||
16 | the performance of their
duties.
| ||||||
17 | (f) Staff support. Upon a three-fifths vote of its members, | ||||||
18 | the Board may
employ an executive director. Subject to | ||||||
19 | appropriation, the
Board also may employ a reasonable and | ||||||
20 | necessary number of staff persons.
| ||||||
21 | (g) Meetings. Meetings of the Board may be conducted | ||||||
22 | telephonically,
electronically, or through the use of other | ||||||
23 | telecommunications.
Written minutes of such meetings shall be
| ||||||
24 | created and available for public inspection and copying.
| ||||||
25 | (h) Procurement recommendations. Upon a three-fifths vote | ||||||
26 | of its members, the Board may review a proposal, bid, or |
| |||||||
| |||||||
1 | contract and issue a recommendation to void a contract or | ||||||
2 | reject a proposal or bid based on any violation of this Code or | ||||||
3 | the existence of a conflict of interest as described in | ||||||
4 | subsections (b) and (d) of Section 50-35. A chief procurement | ||||||
5 | officer or State purchasing officer shall notify the Board if | ||||||
6 | an alleged conflict of interest or violation of the Code is | ||||||
7 | identified, discovered, or reasonably suspected to exist. Any | ||||||
8 | person or entity may notify the Board of an alleged conflict of | ||||||
9 | interest or violation of the Code. A recommendation of the | ||||||
10 | Board shall be delivered to the appropriate chief procurement | ||||||
11 | officer and Executive Ethics Commission within 7 calendar 5 | ||||||
12 | days and must be published in the next volume of the | ||||||
13 | Procurement Bulletin. In the event that an alleged conflict of | ||||||
14 | interest or violation of the
Code that was not originally | ||||||
15 | disclosed with the bid, offer, or proposal is identified and | ||||||
16 | filed with the Board, the
Board shall provide written notice of | ||||||
17 | the alleged conflict of interest or violation to the bidder, | ||||||
18 | offeror, potential contractor, contractor , or subcontractor on | ||||||
19 | that contract. If
the alleged conflict of interest or violation | ||||||
20 | is by the subcontractor, written notice shall also be provided | ||||||
21 | to the bidder, offeror, potential contractor, or contractor. | ||||||
22 | The bidder, offeror, potential contractor,
contractor , or | ||||||
23 | subcontractor shall have 15 calendar days to provide a written | ||||||
24 | response to the notice, and a hearing before
the Board on the | ||||||
25 | alleged conflict of interest or violation shall be held upon | ||||||
26 | request by the bidder, offeror, potential contractor, |
| |||||||
| |||||||
1 | contractor , or subcontractor. The requested hearing date and | ||||||
2 | time shall
be determined by the Board, but in no event shall | ||||||
3 | the hearing occur later than 15 calendar days after the date of | ||||||
4 | the request. | ||||||
5 | (i) After providing notice and a hearing as required by | ||||||
6 | subsection (h), the Board shall refer any alleged violations of | ||||||
7 | this Code to the Executive Inspector General in addition to or | ||||||
8 | instead of issuing a recommendation to void a 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); 97-895, | ||||||
11 | eff. 8-3-12.)
| ||||||
12 | (30 ILCS 500/5-25)
| ||||||
13 | Sec. 5-25. Rulemaking authority; agency policy; agency | ||||||
14 | response. | ||||||
15 | (a) Rulemaking. A chief procurement officer
authorized to | ||||||
16 | make
procurements under this Code shall have the authority to
| ||||||
17 | promulgate rules to carry out that
authority. The
That | ||||||
18 | rulemaking on specific procurement
topics is mentioned in | ||||||
19 | specific Sections of this Code shall not be construed as
| ||||||
20 | prohibiting or limiting rulemaking on other procurement | ||||||
21 | topics.
| ||||||
22 | All rules
shall be promulgated in accordance with the | ||||||
23 | Illinois Administrative Procedure
Act. Contractual provisions, | ||||||
24 | specifications, and procurement descriptions are
not rules and | ||||||
25 | are not subject to the Illinois Administrative Procedure Act.
|
| |||||||
| |||||||
1 | All rules other than those promulgated by the Board
shall be | ||||||
2 | presented in writing to the Board and the Executive Procurement | ||||||
3 | Officer for review and
comment. The Board and the Executive | ||||||
4 | Procurement Officer shall express their opinions and | ||||||
5 | recommendations in writing. The
proposed rules and | ||||||
6 | recommendations shall be made available for
public review. The | ||||||
7 | rules shall also be approved by the Joint Committee on | ||||||
8 | Administrative Rules.
| ||||||
9 | (b) Policy. Each chief procurement officer shall promptly | ||||||
10 | notify the Procurement Policy Board in writing of any proposed | ||||||
11 | new procurement rule or policy or any proposed change in an | ||||||
12 | existing procurement rule or policy.
| ||||||
13 | (c) Response. Each State agency must respond promptly in | ||||||
14 | writing to all inquiries and comments of the Procurement Policy | ||||||
15 | Board or Executive Procurement Officer .
| ||||||
16 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
17 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
18 | (30 ILCS 500/5-30)
| ||||||
19 | Sec. 5-30. Proposed contracts; Procurement Policy Board. | ||||||
20 | (a) Except as provided in subsection (c), within 30 | ||||||
21 | calendar days after notice of the awarding or letting of a | ||||||
22 | contract has appeared in the Procurement Bulletin in accordance | ||||||
23 | with subsection (b) of Section 15-25, the Board may request in | ||||||
24 | writing from the contracting agency and the contracting agency | ||||||
25 | shall promptly, but in no event later than 7 calendar 5 |
| |||||||
| |||||||
1 | business days after receipt of the request, provide to the | ||||||
2 | Board, by electronic or other means satisfactory to the Board, | ||||||
3 | documentation in the possession of the contracting agency | ||||||
4 | concerning the proposed contract. Nothing in this subsection is | ||||||
5 | intended to waive or abrogate any privilege or right of | ||||||
6 | confidentiality authorized by law. | ||||||
7 | (b) No contract subject to this Section may be entered into | ||||||
8 | until the 30-day period described in subsection (a) has | ||||||
9 | expired, unless the contracting agency requests in writing that | ||||||
10 | the Board waive the period and the Board grants the waiver in | ||||||
11 | writing.
| ||||||
12 | (c) This Section does not apply to (i) contracts entered | ||||||
13 | into under this Code for small and emergency procurements as | ||||||
14 | those procurements are defined in Article 20 and (ii) contracts | ||||||
15 | for professional and artistic services that are nonrenewable, | ||||||
16 | one year or less in duration, and have a value of less than | ||||||
17 | $20,000. If requested in writing by the Board, however, the | ||||||
18 | contracting agency must promptly, but in no event later than 10 | ||||||
19 | calendar 8 business days after receipt of the request, transmit | ||||||
20 | to the Board a copy of the contract for an emergency | ||||||
21 | procurement and documentation in the possession of the | ||||||
22 | contracting agency concerning the contract.
| ||||||
23 | (Source: P.A. 93-839, eff. 7-30-04.) | ||||||
24 | (30 ILCS 500/10-20) | ||||||
25 | Sec. 10-20. Independent chief procurement officers. |
| |||||||
| |||||||
1 | (a) Appointment. Within 60 calendar days after the | ||||||
2 | effective date of this amendatory Act of the 96th General | ||||||
3 | Assembly, the Executive Ethics Commission, with the advice and | ||||||
4 | consent of the Senate shall appoint or approve 4 chief | ||||||
5 | procurement officers, one for each of the following categories: | ||||||
6 | (1) for procurements for construction and | ||||||
7 | construction-related services committed by law to the | ||||||
8 | jurisdiction or responsibility of the Capital Development | ||||||
9 | Board; | ||||||
10 | (2) for procurements for all construction, | ||||||
11 | construction-related services, operation of any facility, | ||||||
12 | and the provision of any service or activity committed by | ||||||
13 | law to the jurisdiction or responsibility of the Illinois | ||||||
14 | Department of Transportation, including the direct or | ||||||
15 | reimbursable expenditure of all federal funds for which the | ||||||
16 | Department of Transportation is responsible or accountable | ||||||
17 | for the use thereof in accordance with federal law, | ||||||
18 | regulation, or procedure, the chief procurement officer | ||||||
19 | recommended for approval under this item appointed by the | ||||||
20 | Secretary of Transportation after consent by the Executive | ||||||
21 | Ethics Commission; | ||||||
22 | (3) for all procurements made by a public institution | ||||||
23 | of higher education; and | ||||||
24 | (4) for all other procurement needs of State agencies. | ||||||
25 | A chief procurement officer shall be responsible to the | ||||||
26 | Executive Ethics Commission but must be located within the |
| |||||||
| |||||||
1 | agency that the officer provides with procurement services. The | ||||||
2 | chief procurement officer for higher education shall have an | ||||||
3 | office located within the Board of Higher Education, unless | ||||||
4 | otherwise designated by the Executive Ethics Commission. The | ||||||
5 | chief procurement officer for all other procurement needs of | ||||||
6 | the State shall have an office located within the Department of | ||||||
7 | Central Management Services, unless otherwise designated by | ||||||
8 | the Executive Ethics Commission. | ||||||
9 | (b) Terms and independence. Each chief procurement officer | ||||||
10 | appointed under this Section shall serve for a term of 5 years | ||||||
11 | beginning on the date of the officer's appointment. The chief | ||||||
12 | procurement officer may be removed for cause after a hearing by | ||||||
13 | the Executive Ethics Commission. The Governor or the director | ||||||
14 | of a State agency directly responsible to the Governor may | ||||||
15 | institute a complaint against the officer by filing such | ||||||
16 | complaint with the Commission. The Commission shall have a | ||||||
17 | hearing based on the complaint. The officer and the complainant | ||||||
18 | shall receive reasonable notice of the hearing and shall be | ||||||
19 | permitted to present their respective arguments on the | ||||||
20 | complaint. After the hearing, the Commission shall make a | ||||||
21 | finding on the complaint and may take disciplinary action, | ||||||
22 | including but not limited to removal of the officer. | ||||||
23 | The salary of a chief procurement officer shall be | ||||||
24 | established by the Executive Ethics Commission and may not be | ||||||
25 | diminished during the officer's term. The salary may not exceed | ||||||
26 | the salary of the director of a State agency for which the |
| |||||||
| |||||||
1 | officer serves as chief procurement officer. | ||||||
2 | (c) Qualifications. In addition to any other requirement or | ||||||
3 | qualification required by State law, each chief procurement | ||||||
4 | officer must within 12 months of employment be a Certified | ||||||
5 | Professional Public Buyer or a Certified Public Purchasing | ||||||
6 | Officer, pursuant to certification by the Universal Public | ||||||
7 | Purchasing Certification Council, and must reside in Illinois. | ||||||
8 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
9 | fiduciary duty to the State. | ||||||
10 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
11 | offices of a chief procurement officer under this Section | ||||||
12 | during the recess of the Senate, the Executive Ethics | ||||||
13 | Commission shall make a temporary appointment until the next | ||||||
14 | meeting of the Senate, when the Executive Ethics Commission | ||||||
15 | shall nominate some person to fill the office, and any person | ||||||
16 | so nominated who is confirmed by the Senate shall hold office | ||||||
17 | during the remainder of the term and until his or her successor | ||||||
18 | is appointed and qualified. If the Senate is not in session at | ||||||
19 | the time this amendatory Act of the 96th General Assembly takes | ||||||
20 | effect, the Executive Ethics Commission shall make a temporary | ||||||
21 | appointment as in the case of a vacancy. | ||||||
22 | (f) (Blank). Acting chief procurement officers. Prior to | ||||||
23 | August 31, 2010, the Executive Ethics Commission may, until an | ||||||
24 | initial chief procurement officer is appointed and qualified, | ||||||
25 | designate some person as an acting chief procurement officer to | ||||||
26 | execute the powers and discharge the duties vested by law in |
| |||||||
| |||||||
1 | that chief procurement officer. An acting chief procurement | ||||||
2 | officer shall serve no later than the appointment of the | ||||||
3 | initial chief procurement officer pursuant to subsection (a) of | ||||||
4 | this Section. Nothing in this subsection shall prohibit the | ||||||
5 | Executive Ethics Commission from appointing an acting chief | ||||||
6 | procurement officer as a chief procurement officer. | ||||||
7 | (g) (Blank). Transition schedule. Notwithstanding any | ||||||
8 | other provision of this Act or this amendatory Act of the 96th | ||||||
9 | General Assembly, the chief procurement officers on the | ||||||
10 | effective date of Public Act 96-793 shall continue to serve as | ||||||
11 | chief procurement officers until August 31, 2010 and shall | ||||||
12 | retain their powers and duties pertaining to procurements, | ||||||
13 | provided the chief procurement officer appointed or approved by | ||||||
14 | the Executive Ethics Commission shall approve any rules | ||||||
15 | promulgated to implement this Code or the provisions of this | ||||||
16 | amendatory Act of the 96th General Assembly. The chief | ||||||
17 | procurement officers appointed or approved by the Executive | ||||||
18 | Ethics Commission shall assume the position of chief | ||||||
19 | procurement officer upon appointment and work in collaboration | ||||||
20 | with the current chief procurement officer and staff. On | ||||||
21 | September 1, 2010, the chief procurement officers appointed by | ||||||
22 | the Executive Ethics Commission shall assume the powers and | ||||||
23 | duties of the chief procurement officers. | ||||||
24 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
25 | for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/15-20)
| ||||||
2 | Sec. 15-20. Qualified bidders or offerors . Subscription to | ||||||
3 | the
Illinois Procurement Bulletin shall
not be required to | ||||||
4 | qualify as a bidder or offeror under this Code.
| ||||||
5 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
6 | (30 ILCS 500/15-25) | ||||||
7 | Sec. 15-25. Bulletin content. | ||||||
8 | (a) Invitations for bids. Notice of each and every contract | ||||||
9 | that is
offered, including renegotiated contracts and change | ||||||
10 | orders,
shall be published in the Bulletin . All , and all | ||||||
11 | businesses listed on the Department of Transportation | ||||||
12 | Disadvantaged Business Enterprise Directory, the Department of | ||||||
13 | Central Management Services Business Enterprise Program , and | ||||||
14 | the Chief Procurement Office's Small Business Vendors | ||||||
15 | Directory , and the Capital Development Board's Directory of | ||||||
16 | Certified Minority and Female Business Enterprises shall be | ||||||
17 | furnished written instructions and information on how to | ||||||
18 | register on each Procurement Bulletin maintained by the State. | ||||||
19 | Such information shall be provided to each business within 30 | ||||||
20 | calendar days after the business' notice of certification. The | ||||||
21 | applicable chief procurement officer
may provide by rule an | ||||||
22 | organized format for the publication of this
information, but | ||||||
23 | in any case it must include at least the date first offered,
| ||||||
24 | the date submission of offers is due, the location that offers | ||||||
25 | are to be
submitted to, the purchasing State agency, the |
| |||||||
| |||||||
1 | responsible State purchasing
officer, a brief purchase | ||||||
2 | description, the method of source selection,
information of how | ||||||
3 | to obtain a comprehensive purchase description and any
| ||||||
4 | disclosure and contract forms, and encouragement to potential | ||||||
5 | contractors prospective vendors to hire qualified veterans, as | ||||||
6 | defined by Section 45-67 of this Code, and qualified Illinois | ||||||
7 | minorities, women, persons with disabilities, and residents | ||||||
8 | discharged from any Illinois adult correctional center. | ||||||
9 | (b) Contracts let. Notice of each and every contract that | ||||||
10 | is let, including renegotiated contracts and change orders, | ||||||
11 | shall be issued electronically to those bidders or offerors | ||||||
12 | submitting responses to the solicitations, inclusive of the | ||||||
13 | unsuccessful bidders, immediately upon contract let. Failure | ||||||
14 | of any chief procurement officer to give such notice shall | ||||||
15 | result in tolling the time for filing a bid protest up to 7 | ||||||
16 | calendar 5 business days. | ||||||
17 | For purposes of this subsection (b), "contracts let" means | ||||||
18 | a construction agency's act of advertising an invitation for | ||||||
19 | bids for one or more construction projects. The apparent low | ||||||
20 | bidder's award and all other bids from bidders responding to | ||||||
21 | solicitations shall be posted on the agency's website the next | ||||||
22 | business day.
| ||||||
23 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
24 | that is awarded, including renegotiated contracts and change | ||||||
25 | orders, shall be issued electronically to the successful | ||||||
26 | responsible bidder , or offeror, or contractor posted on the |
| |||||||
| |||||||
1 | agency's website the next business day, and published in the | ||||||
2 | next available subsequent Bulletin. The applicable chief | ||||||
3 | procurement officer may provide by rule an organized format for | ||||||
4 | the publication of this information, but in any case it must | ||||||
5 | include at least all of the information specified in subsection | ||||||
6 | (a) as well as the name of the successful responsible bidder , | ||||||
7 | or offeror, the contract price, the number of unsuccessful | ||||||
8 | responsive bidders or offerors , and any other disclosure | ||||||
9 | specified in any Section of this Code. This notice must be | ||||||
10 | posted in the online electronic Bulletin prior to execution of | ||||||
11 | the contract. | ||||||
12 | For purposes of this subsection (b-5), "contract award" | ||||||
13 | means the determination that a particular bidder or offeror has | ||||||
14 | been selected from among other bidders or offerors to receive a | ||||||
15 | contract, subject to the successful completion of final | ||||||
16 | negotiations. "Contract award" is evidenced by the posting of a | ||||||
17 | Notice of Award or a Notice of Intent to Award to the | ||||||
18 | respective volume of the Illinois Procurement Bulletin. | ||||||
19 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
20 | officer or State
purchasing officer exercising emergency | ||||||
21 | purchase authority under
this Code shall publish a written | ||||||
22 | description and reasons and the total cost,
if known, or an | ||||||
23 | estimate if unknown and the name of the responsible chief
| ||||||
24 | procurement officer and State purchasing officer, and the | ||||||
25 | business or person
contracted with for all emergency purchases | ||||||
26 | in
the next timely, practicable Bulletin. This notice must be |
| |||||||
| |||||||
1 | posted in the online electronic Bulletin no later than 5 | ||||||
2 | calendar 3 business days after the contract is awarded.
Notice | ||||||
3 | of a hearing to extend an emergency contract must be posted in | ||||||
4 | the online electronic Procurement Bulletin no later than 14 | ||||||
5 | calendar 5 business days prior to the hearing. | ||||||
6 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
7 | agency shall, with the assistance of the applicable chief | ||||||
8 | procurement officer, post in the online electronic Bulletin a | ||||||
9 | copy of its annual report of utilization of businesses owned by | ||||||
10 | minorities, females, and persons with disabilities as | ||||||
11 | submitted to the Business Enterprise Council for Minorities, | ||||||
12 | Females, and Persons with Disabilities pursuant to Section 6(c) | ||||||
13 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
14 | with Disabilities Act within 10 calendar business days after | ||||||
15 | its submission of its report to the Council.
| ||||||
16 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
17 | posted in the online electronic Bulletin within 14 calendar 10 | ||||||
18 | business days of the determination to renew the contract and | ||||||
19 | the next available subsequent Bulletin. The notice shall | ||||||
20 | include at least all of the information required in subsection | ||||||
21 | (b).
| ||||||
22 | (c-15) Sole source procurements. Before entering into a | ||||||
23 | sole source contract, a chief procurement officer exercising | ||||||
24 | sole source procurement authority under this Code shall publish | ||||||
25 | a written description of intent to enter into a sole source | ||||||
26 | contract along with a description of the item to be procured |
| |||||||
| |||||||
1 | and the intended sole source contractor. This notice must be | ||||||
2 | posted in the online electronic Procurement Bulletin before a | ||||||
3 | sole source contract is awarded and at least 14 calendar days | ||||||
4 | before the hearing required by Section 20-25. | ||||||
5 | (d) Other required disclosure. The applicable chief | ||||||
6 | procurement officer
shall provide by rule for the organized | ||||||
7 | publication of all other disclosure
required in other Sections | ||||||
8 | of this Code in a timely manner. | ||||||
9 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
10 | (c-15) of this Section made by this amendatory Act of the 96th | ||||||
11 | General Assembly apply to reports submitted, offers made, and | ||||||
12 | notices on contracts executed on or after its effective date.
| ||||||
13 | (f) Each chief procurement officer shall, in consultation | ||||||
14 | with the agencies under his or her jurisdiction, provide the | ||||||
15 | Procurement Policy Board with the information and resources | ||||||
16 | necessary, and in a manner, to effectuate the purpose of this | ||||||
17 | amendatory Act of the 96th General Assembly. | ||||||
18 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
19 | for the effective date of changes made by P.A. 96-795); | ||||||
20 | 96-1444, eff. 8-20-10; 97-895, eff. 8-3-12.) | ||||||
21 | (30 ILCS 500/15-30) | ||||||
22 | Sec. 15-30. Electronic Bulletin clearinghouse. | ||||||
23 | (a) The Procurement Policy Board shall maintain on its | ||||||
24 | official website a searchable database containing all | ||||||
25 | information required to be included in the Illinois Procurement |
| |||||||
| |||||||
1 | Bulletin under subsections (b), (c), (c-10), and (c-15) of | ||||||
2 | Section 15-25 and all information required to be disclosed | ||||||
3 | under Section 50-41. The posting of procurement information on | ||||||
4 | the website is subject to the same posting requirements as the | ||||||
5 | online electronic Bulletin. | ||||||
6 | (b) For the purposes of this Section, searchable means | ||||||
7 | searchable and sortable by successful responsible bidder , or | ||||||
8 | offeror , potential contractor, or contractor , for emergency | ||||||
9 | purchases, business or person contracted with; the contract | ||||||
10 | price or total cost; the service or good; the purchasing State | ||||||
11 | agency; and the date first offered or announced. | ||||||
12 | (c) The applicable chief procurement officer shall provide | ||||||
13 | the Procurement Policy Board the information and resources | ||||||
14 | necessary, and in a manner, to effectuate the purpose of this | ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
17 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
18 | eff. 8-3-12.) | ||||||
19 | (30 ILCS 500/15-35) | ||||||
20 | Sec. 15-35. Vendor portal. Each chief procurement officer | ||||||
21 | may, in consultation with the agencies under his or her | ||||||
22 | jurisdiction and the Procurement Policy Board, establish a | ||||||
23 | vendor portal. The vendor portal shall allow a potential | ||||||
24 | prospective vendor to provide certifications, disclosures, | ||||||
25 | registrations, and other documentation needed to do business |
| |||||||
| |||||||
1 | with a State agency in advance of any particular procurement. A | ||||||
2 | potential prospective vendor who registers with the vendor | ||||||
3 | portal and provides this information may submit its | ||||||
4 | registration number, with a confirmation that the portal | ||||||
5 | information remains current, as part of its response to a | ||||||
6 | competitive selection or a contracting process, rather than | ||||||
7 | submit the same information in full. One or more chief | ||||||
8 | procurement officers may jointly operate a vendor portal if a | ||||||
9 | single portal would better serve the needs of the State | ||||||
10 | agencies and the vendor community. A chief procurement officer | ||||||
11 | may accept, for use on procurements and contracts under his or | ||||||
12 | her jurisdiction, the registration from another chief | ||||||
13 | procurement officer's vendor portal. This Section applies | ||||||
14 | notwithstanding any laws to the contrary except for later | ||||||
15 | enacted laws that specifically refer to this Section. | ||||||
16 | Nothing in this Section shall preclude a State agency from | ||||||
17 | implementing its own pre-qualification, certification, | ||||||
18 | disclosure, and registration requirements necessary to conduct | ||||||
19 | and manage its program operation. | ||||||
20 | This Section does not apply to any contract for any project | ||||||
21 | as to which federal funds are available for expenditure when | ||||||
22 | its provisions may be in conflict with federal law or federal | ||||||
23 | regulation.
| ||||||
24 | (Source: P.A. 97-895, eff. 8-3-12.) | ||||||
25 | (30 ILCS 500/15-40 new) |
| |||||||
| |||||||
1 | Sec. 15-40. Method of notices and reports. Notices and | ||||||
2 | reports required by any Section of this Code may be made by | ||||||
3 | either paper or electronic means. | ||||||
4 | (30 ILCS 500/15-45 new) | ||||||
5 | Sec. 15-45. Computation of days. The time within which any | ||||||
6 | act provided in this Code is to be done shall be computed by | ||||||
7 | excluding the first day and including the last, unless the last | ||||||
8 | day is Saturday or Sunday or is a holiday, and then it shall | ||||||
9 | also be excluded. If the day succeeding a Saturday, Sunday, or | ||||||
10 | holiday is also a holiday, a Saturday, or a Sunday, then that | ||||||
11 | succeeding day shall also be excluded. For the purposes of this | ||||||
12 | Code, "holiday" means: New Year's Day; Dr. Martin Luther King, | ||||||
13 | Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial | ||||||
14 | Day; Independence Day; Labor Day; Columbus Day; Veterans' Day; | ||||||
15 | Thanksgiving Day; Christmas Day; and any other day from time to | ||||||
16 | time declared by the President of the United States or the | ||||||
17 | Governor of Illinois to be a day during which the agencies of | ||||||
18 | the State of Illinois that are ordinarily open to do business | ||||||
19 | with the public shall be closed for business.
| ||||||
20 | (30 ILCS 500/20-5)
| ||||||
21 | Sec. 20-5. Method of source selection. Unless otherwise | ||||||
22 | authorized by
law, all State contracts shall be awarded
by | ||||||
23 | competitive sealed bidding, in accordance with Section 20-10,
| ||||||
24 | except as provided in Sections 20-15, 20-20, 20-25, 20-30, |
| |||||||
| |||||||
1 | 20-35, 30-15, and
40-20. The chief procurement officers | ||||||
2 | appointed pursuant to Section 10-20 may determine the method of | ||||||
3 | solicitation and contract for all procurements pursuant to this | ||||||
4 | Code.
| ||||||
5 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
6 | (30 ILCS 500/20-10)
| ||||||
7 | (Text of Section from P.A. 96-159, 96-588, 97-96, and | ||||||
8 | 97-895) | ||||||
9 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
10 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
11 | competitive sealed bidding
except as otherwise provided in | ||||||
12 | Section 20-5.
| ||||||
13 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
14 | issued and shall include a
purchase description and the | ||||||
15 | material contractual terms and
conditions applicable to the
| ||||||
16 | procurement.
| ||||||
17 | (c) Public notice. Public notice of the invitation for bids | ||||||
18 | shall be
published in the Illinois Procurement Bulletin at | ||||||
19 | least 14 calendar days before the date
set in the invitation | ||||||
20 | for the opening of bids.
| ||||||
21 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
22 | presence of one or more witnesses
at the time and place | ||||||
23 | designated in the invitation for bids. The
name of each bidder, | ||||||
24 | the amount
of each bid, and other relevant information as may | ||||||
25 | be specified by
rule shall be
recorded. After the award of the |
| |||||||
| |||||||
1 | contract, the winning bid and the
record of each unsuccessful | ||||||
2 | bid shall be open to
public inspection.
| ||||||
3 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
4 | unconditionally accepted without
alteration or correction, | ||||||
5 | except as authorized in this Code. Bids
shall be evaluated | ||||||
6 | based on the
requirements set forth in the invitation for bids, | ||||||
7 | which may
include criteria to determine
acceptability such as | ||||||
8 | inspection, testing, quality, workmanship,
delivery, and | ||||||
9 | suitability for a
particular purpose. Those criteria that will | ||||||
10 | affect the bid price
and be considered in evaluation
for award, | ||||||
11 | such as discounts, transportation costs, and total or
life | ||||||
12 | cycle costs, shall be
objectively measurable. The invitation | ||||||
13 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
14 | (f) Correction or withdrawal of bids. Correction or
| ||||||
15 | withdrawal of inadvertently
erroneous bids before or after | ||||||
16 | award, or cancellation of awards of
contracts based on bid
| ||||||
17 | mistakes, shall be permitted in accordance with rules.
After | ||||||
18 | bid opening, no
changes in bid prices or other provisions of | ||||||
19 | bids prejudicial to
the interest of the State or fair
| ||||||
20 | competition shall be permitted. All decisions to permit the
| ||||||
21 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
22 | supported by written determination
made by a State purchasing | ||||||
23 | officer.
| ||||||
24 | (g) Award. The contract shall be awarded with reasonable
| ||||||
25 | promptness by written notice
to the lowest responsible and | ||||||
26 | responsive bidder whose bid meets
the requirements and criteria
|
| |||||||
| |||||||
1 | set forth in the invitation for bids, except when a State | ||||||
2 | purchasing officer
determines it is not in the best interest of | ||||||
3 | the State and by written
explanation determines another bidder | ||||||
4 | shall receive the award. The explanation
shall appear in the | ||||||
5 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
6 | written explanation must include:
| ||||||
7 | (1) a description of the agency's needs; | ||||||
8 | (2) a determination that the anticipated cost will be | ||||||
9 | fair and reasonable; | ||||||
10 | (3) a listing of all responsible and responsive | ||||||
11 | bidders; and | ||||||
12 | (4) the name of the bidder selected, the total contract | ||||||
13 | price, and the reasons for selecting that bidder. | ||||||
14 | Each chief procurement officer may adopt guidelines to | ||||||
15 | implement the requirements of this subsection (g). | ||||||
16 | The written explanation shall be filed with the Legislative | ||||||
17 | Audit Commission and the Procurement Policy Board, and be made | ||||||
18 | available for inspection by the public, within 30 calendar days | ||||||
19 | after the agency's decision to award the contract. | ||||||
20 | (h) Multi-step sealed bidding. When it is considered
| ||||||
21 | impracticable to initially prepare
a purchase description to | ||||||
22 | support an award based on price, an
invitation for bids may be | ||||||
23 | issued
requesting the submission of unpriced offers to be | ||||||
24 | followed by an
invitation for bids limited to
those bidders | ||||||
25 | whose offers have been qualified under the criteria
set forth | ||||||
26 | in the first solicitation.
|
| |||||||
| |||||||
1 | (i) Alternative procedures. Notwithstanding any other | ||||||
2 | provision of this Act to the contrary, the Director of the | ||||||
3 | Illinois Power Agency may create alternative bidding | ||||||
4 | procedures to be used in procuring professional services under | ||||||
5 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
6 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
7 | of the Public Utilities Act and to procure renewable energy | ||||||
8 | resources under Section 1-56 of the Illinois Power Agency Act. | ||||||
9 | These alternative procedures shall be set forth together with | ||||||
10 | the other criteria contained in the invitation for bids, and | ||||||
11 | shall appear in the appropriate volume of the Illinois | ||||||
12 | Procurement Bulletin.
| ||||||
13 | (j) Reverse auction. Notwithstanding any other provision | ||||||
14 | of this Section and in accordance with rules adopted by the | ||||||
15 | chief procurement officer, that chief procurement officer may | ||||||
16 | procure supplies or services through a competitive electronic | ||||||
17 | auction bidding process after the chief procurement officer | ||||||
18 | determines that the use of such a process will be in the best | ||||||
19 | interest of the State. The chief procurement officer shall | ||||||
20 | publish that determination in his or her next volume of the | ||||||
21 | Illinois Procurement Bulletin. | ||||||
22 | An invitation for bids shall be issued and shall include | ||||||
23 | (i) a procurement description, (ii) all contractual terms, | ||||||
24 | whenever practical, and (iii) conditions applicable to the | ||||||
25 | procurement, including a notice that bids will be received in | ||||||
26 | an electronic auction manner. |
| |||||||
| |||||||
1 | Public notice of the invitation for bids shall be given in | ||||||
2 | the same manner as provided in subsection (c). | ||||||
3 | Bids shall be accepted electronically at the time and in | ||||||
4 | the manner designated in the invitation for bids. During the | ||||||
5 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
6 | Bidders shall have the opportunity to reduce their bid prices | ||||||
7 | during the auction. At the conclusion of the auction, the | ||||||
8 | record of the bid prices received and the name of each bidder | ||||||
9 | shall be open to public inspection. | ||||||
10 | After the auction period has terminated, withdrawal of bids | ||||||
11 | shall be permitted as provided in subsection (f). | ||||||
12 | The contract shall be awarded within 60 calendar days after | ||||||
13 | the auction by written notice to the lowest responsible bidder, | ||||||
14 | or all bids shall be rejected except as otherwise provided in | ||||||
15 | this Code. Extensions of the date for the award may be made by | ||||||
16 | mutual written consent of the State purchasing officer and the | ||||||
17 | lowest responsible bidder. | ||||||
18 | This subsection does not apply to (i) procurements of | ||||||
19 | professional and artistic services, (ii) telecommunications | ||||||
20 | services, communication services, and information services, | ||||||
21 | and (iii) contracts for construction projects, including | ||||||
22 | design professional services. | ||||||
23 | (Source: P.A. 96-159, eff. 8-10-09; 96-588, eff. 8-18-09; | ||||||
24 | 97-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
| ||||||
25 | (Text of Section from P.A. 96-159, 96-795, 97-96, and |
| |||||||
| |||||||
1 | 97-895)
| ||||||
2 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
3 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
4 | competitive sealed bidding
except as otherwise provided in | ||||||
5 | Section 20-5.
| ||||||
6 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
7 | issued and shall include a
purchase description and the | ||||||
8 | material contractual terms and
conditions applicable to the
| ||||||
9 | procurement.
| ||||||
10 | (c) Public notice. Public notice of the invitation for bids | ||||||
11 | shall be
published in the Illinois Procurement Bulletin at | ||||||
12 | least 14 calendar days before the date
set in the invitation | ||||||
13 | for the opening of bids.
| ||||||
14 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
15 | presence of one or more witnesses
at the time and place | ||||||
16 | designated in the invitation for bids. The
name of each bidder, | ||||||
17 | the amount
of each bid, and other relevant information as may | ||||||
18 | be specified by
rule shall be
recorded. After the award of the | ||||||
19 | contract, the winning bid and the
record of each unsuccessful | ||||||
20 | bid shall be open to
public inspection.
| ||||||
21 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
22 | unconditionally accepted without
alteration or correction, | ||||||
23 | except as authorized in this Code. Bids
shall be evaluated | ||||||
24 | based on the
requirements set forth in the invitation for bids, | ||||||
25 | which may
include criteria to determine
acceptability such as | ||||||
26 | inspection, testing, quality, workmanship,
delivery, and |
| |||||||
| |||||||
1 | suitability for a
particular purpose. Those criteria that will | ||||||
2 | affect the bid price
and be considered in evaluation
for award, | ||||||
3 | such as discounts, transportation costs, and total or
life | ||||||
4 | cycle costs, shall be
objectively measurable. The invitation | ||||||
5 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
6 | (f) Correction or withdrawal of bids. Correction or
| ||||||
7 | withdrawal of inadvertently
erroneous bids before or after | ||||||
8 | award, or cancellation of awards of
contracts based on bid
| ||||||
9 | mistakes, shall be permitted in accordance with rules.
After | ||||||
10 | bid opening, no
changes in bid prices or other provisions of | ||||||
11 | bids prejudicial to
the interest of the State or fair
| ||||||
12 | competition shall be permitted. All decisions to permit the
| ||||||
13 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
14 | supported by written determination
made by a State purchasing | ||||||
15 | officer.
| ||||||
16 | (g) Award. The contract shall be awarded with reasonable
| ||||||
17 | promptness by written notice
to the lowest responsible and | ||||||
18 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
19 | set forth in the invitation for bids, except when a State | ||||||
20 | purchasing officer
determines it is not in the best interest of | ||||||
21 | the State and by written
explanation determines another bidder | ||||||
22 | shall receive the award. The explanation
shall appear in the | ||||||
23 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
24 | written explanation must include:
| ||||||
25 | (1) a description of the agency's needs; | ||||||
26 | (2) a determination that the anticipated cost will be |
| |||||||
| |||||||
1 | fair and reasonable; | ||||||
2 | (3) a listing of all responsible and responsive | ||||||
3 | bidders; and | ||||||
4 | (4) the name of the bidder selected, the total contract | ||||||
5 | price, and the reasons for selecting that bidder. | ||||||
6 | Each chief procurement officer may adopt guidelines to | ||||||
7 | implement the requirements of this subsection (g). | ||||||
8 | The written explanation shall be filed with the Legislative | ||||||
9 | Audit Commission and the Procurement Policy Board, and be made | ||||||
10 | available for inspection by the public, within 30 days after | ||||||
11 | the agency's decision to award the contract. | ||||||
12 | (h) Multi-step sealed bidding. When it is considered
| ||||||
13 | impracticable to initially prepare
a purchase description to | ||||||
14 | support an award based on price, an
invitation for bids may be | ||||||
15 | issued
requesting the submission of unpriced offers to be | ||||||
16 | followed by an
invitation for bids limited to
those bidders | ||||||
17 | whose offers have been qualified under the criteria
set forth | ||||||
18 | in the first solicitation.
| ||||||
19 | (i) Alternative procedures. Notwithstanding any other | ||||||
20 | provision of this Act to the contrary, the Director of the | ||||||
21 | Illinois Power Agency may create alternative bidding | ||||||
22 | procedures to be used in procuring professional services under | ||||||
23 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
24 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
25 | of the Public Utilities Act and to procure renewable energy | ||||||
26 | resources under Section 1-56 of the Illinois Power Agency Act. |
| |||||||
| |||||||
1 | These alternative procedures shall be set forth together with | ||||||
2 | the other criteria contained in the invitation for bids, and | ||||||
3 | shall appear in the appropriate volume of the Illinois | ||||||
4 | Procurement Bulletin.
| ||||||
5 | (j) Reverse auction. Notwithstanding any other provision | ||||||
6 | of this Section and in accordance with rules adopted by the | ||||||
7 | chief procurement officer, that chief procurement officer may | ||||||
8 | procure supplies or services through a competitive electronic | ||||||
9 | auction bidding process after the chief procurement officer | ||||||
10 | determines that the use of such a process will be in the best | ||||||
11 | interest of the State. The chief procurement officer shall | ||||||
12 | publish that determination in his or her next volume of the | ||||||
13 | Illinois Procurement Bulletin. | ||||||
14 | An invitation for bids shall be issued and shall include | ||||||
15 | (i) a procurement description, (ii) all contractual terms, | ||||||
16 | whenever practical, and (iii) conditions applicable to the | ||||||
17 | procurement, including a notice that bids will be received in | ||||||
18 | an electronic auction manner. | ||||||
19 | Public notice of the invitation for bids shall be given in | ||||||
20 | the same manner as provided in subsection (c). | ||||||
21 | Bids shall be accepted electronically at the time and in | ||||||
22 | the manner designated in the invitation for bids. During the | ||||||
23 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
24 | Bidders shall have the opportunity to reduce their bid prices | ||||||
25 | during the auction. At the conclusion of the auction, the | ||||||
26 | record of the bid prices received and the name of each bidder |
| |||||||
| |||||||
1 | shall be open to public inspection. | ||||||
2 | After the auction period has terminated, withdrawal of bids | ||||||
3 | shall be permitted as provided in subsection (f). | ||||||
4 | The contract shall be awarded within 60 calendar days after | ||||||
5 | the auction by written notice to the lowest responsible bidder, | ||||||
6 | or all bids shall be rejected except as otherwise provided in | ||||||
7 | this Code. Extensions of the date for the award may be made by | ||||||
8 | mutual written consent of the State purchasing officer and the | ||||||
9 | lowest responsible bidder. | ||||||
10 | This subsection does not apply to (i) procurements of | ||||||
11 | professional and artistic services, (ii) telecommunications | ||||||
12 | services, communication services, and information services,
| ||||||
13 | and (iii) contracts for construction projects, including | ||||||
14 | design professional services. | ||||||
15 | (Source: P.A. 96-159, eff. 8-10-09; 96-795, eff. 7-1-10 (see | ||||||
16 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
17 | by P.A. 96-795); 97-96, eff. 7-13-11; 97-895, eff. 8-3-12.)
| ||||||
18 | (30 ILCS 500/20-15)
| ||||||
19 | Sec. 20-15. Competitive sealed proposals.
| ||||||
20 | (a) Conditions for use. When provided under this Code or | ||||||
21 | under
rules, or when
the purchasing agency determines in | ||||||
22 | writing that the use of
competitive sealed bidding
is either | ||||||
23 | not practicable or not advantageous to the State, a
contract | ||||||
24 | may be entered into by
competitive sealed proposals.
| ||||||
25 | (b) Request for proposals. Proposals shall be solicited
|
| |||||||
| |||||||
1 | through a request for proposals.
| ||||||
2 | (c) Public notice. Public notice of the request for
| ||||||
3 | proposals shall be published in the
Illinois Procurement | ||||||
4 | Bulletin at least 14 calendar days before the date set
in the | ||||||
5 | invitation for the opening
of proposals.
| ||||||
6 | (d) Receipt of proposals. Proposals shall be opened
| ||||||
7 | publicly in the presence of one or
more witnesses at the time | ||||||
8 | and place designated in the request for
proposals, but | ||||||
9 | proposals shall
be opened in a manner to avoid disclosure of | ||||||
10 | contents to competing
offerors during the process
of | ||||||
11 | negotiation. A record of proposals shall be prepared and
shall | ||||||
12 | be open for public inspection
after contract award.
| ||||||
13 | (e) Evaluation factors. The requests for proposals shall
| ||||||
14 | state the relative importance of
price and other evaluation | ||||||
15 | factors. Proposals shall be submitted
in 2 parts: the first, | ||||||
16 | covering
items except price; and the second, covering price. | ||||||
17 | The first
part of all proposals shall be
evaluated and ranked | ||||||
18 | independently of the second part of
all proposals.
| ||||||
19 | (f) Discussion with responsible offerors and revisions of | ||||||
20 | offers or
proposals. As provided in the
request for proposals | ||||||
21 | and under rules, discussions
may be conducted with
responsible | ||||||
22 | offerors who submit offers or proposals determined to be
| ||||||
23 | reasonably susceptible of being
selected for award for the | ||||||
24 | purpose of clarifying and assuring full
understanding of and
| ||||||
25 | responsiveness to the solicitation requirements. Those | ||||||
26 | offerors
shall be accorded fair and equal
treatment with |
| |||||||
| |||||||
1 | respect to any opportunity for discussion and
revision of | ||||||
2 | proposals. Revisions
may be permitted after submission and | ||||||
3 | before award for the
purpose of obtaining best and final
| ||||||
4 | offers. In conducting discussions there shall be no disclosure | ||||||
5 | of
any information derived from
proposals submitted by | ||||||
6 | competing offerors.
If information is disclosed to any offeror, | ||||||
7 | it shall be
provided to all competing offerors.
| ||||||
8 | (g) Award. Awards shall be made to the responsible offeror
| ||||||
9 | whose proposal is
determined in writing to be the most | ||||||
10 | advantageous to the State,
taking into consideration price
and | ||||||
11 | the evaluation factors set forth in the request for proposals.
| ||||||
12 | The contract file shall contain
the basis on which the award is
| ||||||
13 | made.
| ||||||
14 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
15 | (30 ILCS 500/20-25)
| ||||||
16 | Sec. 20-25. Sole source procurements. | ||||||
17 | (a) In accordance with
standards set by rule,
contracts may | ||||||
18 | be awarded without use of the specified
method of source | ||||||
19 | selection when
there is only one economically feasible source | ||||||
20 | for the item. A State contract may be awarded as a sole source | ||||||
21 | procurement unless an interested party submits a written | ||||||
22 | request for a public hearing at which the chief procurement | ||||||
23 | officer and purchasing agency present written justification | ||||||
24 | for the procurement method. Any interested party may present | ||||||
25 | testimony. A sole source contract where a hearing was requested |
| |||||||
| |||||||
1 | by an interested party may be awarded after the hearing is | ||||||
2 | conducted with the approval of the chief procurement officer. | ||||||
3 | (b) This Section may not be used as a basis for amending a | ||||||
4 | contract for professional or artistic services if the amendment | ||||||
5 | would result in an increase in the amount paid under the | ||||||
6 | contract of more than 5% of the initial award, or would extend | ||||||
7 | the contract term beyond the time reasonably needed for a | ||||||
8 | competitive procurement, not to exceed 2 months. | ||||||
9 | (c) Notice of intent to enter into a sole source contract | ||||||
10 | shall be provided to the Procurement Policy Board and published | ||||||
11 | in the online electronic Bulletin at least 14 calendar days | ||||||
12 | before the public hearing required in subsection (a). The | ||||||
13 | notice shall include the sole source procurement justification | ||||||
14 | form prescribed by the Board, a description of the item to be | ||||||
15 | procured, the intended sole source contractor, and the date, | ||||||
16 | time, and location of the public hearing. A copy of the notice | ||||||
17 | and all documents provided at the hearing shall be included in | ||||||
18 | the subsequent Procurement Bulletin.
| ||||||
19 | (d) By August 1 each year, each chief procurement officer | ||||||
20 | shall file a report with the General Assembly identifying each | ||||||
21 | contract the officer sought under the sole source procurement | ||||||
22 | method and providing the justification given for seeking sole | ||||||
23 | source as the procurement method for each of those contracts. | ||||||
24 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
25 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
26 | eff. 7-1-10; 97-895, eff. 8-3-12.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-30)
| ||||||
2 | Sec. 20-30. Emergency purchases.
| ||||||
3 | (a) Conditions for use. In accordance with standards set by
| ||||||
4 | rule, a purchasing
agency may make emergency procurements | ||||||
5 | without competitive sealed
bidding or prior notice
when there | ||||||
6 | exists a threat to public health or public safety, or
when | ||||||
7 | immediate expenditure is
necessary for repairs to State | ||||||
8 | property in order to protect
against further loss of or damage | ||||||
9 | to
State property, to prevent or minimize serious disruption in | ||||||
10 | critical State
services that affect health, safety, or | ||||||
11 | collection of substantial State revenues, or to ensure the
| ||||||
12 | integrity of State records; provided, however, that the term of | ||||||
13 | the emergency purchase shall be limited to the time reasonably | ||||||
14 | needed for a competitive procurement, not to exceed 90 calendar | ||||||
15 | days. A contract may be extended beyond 90 calendar days if the | ||||||
16 | chief procurement officer determines additional time is | ||||||
17 | necessary and that the contract scope and duration are limited | ||||||
18 | to the emergency. Prior to execution of the extension, the | ||||||
19 | chief procurement officer must hold a public hearing and | ||||||
20 | provide written justification for all emergency contracts. | ||||||
21 | Members of the public may present testimony. Emergency | ||||||
22 | procurements shall be made
with as much competition
as is | ||||||
23 | practicable under the circumstances.
A written
description of | ||||||
24 | the basis for the emergency and reasons for the
selection of | ||||||
25 | the particular
contractor shall be included in the contract |
| |||||||
| |||||||
1 | file.
| ||||||
2 | (b) Notice. Notice of all emergency procurements shall be | ||||||
3 | provided to the Procurement Policy Board and published in the | ||||||
4 | online electronic Bulletin no later than 5 calendar 3 business | ||||||
5 | days after the contract is awarded. Notice of intent to extend | ||||||
6 | an emergency contract shall be provided to the Procurement | ||||||
7 | Policy Board and published in the online electronic Bulletin at | ||||||
8 | least 14 calendar days before the public hearing. Notice shall | ||||||
9 | include at least a description of the need for the emergency | ||||||
10 | purchase, the contractor, and if applicable, the date, time, | ||||||
11 | and location of the public hearing. A copy of this notice and | ||||||
12 | all documents provided at the hearing shall be included in the | ||||||
13 | subsequent Procurement Bulletin. Before the next appropriate | ||||||
14 | volume of the Illinois Procurement
Bulletin, the purchasing | ||||||
15 | agency shall publish in the
Illinois Procurement Bulletin a | ||||||
16 | copy of each written description
and reasons and the total cost
| ||||||
17 | of each emergency procurement made during the previous month.
| ||||||
18 | When only an estimate of the
total cost is known at the time of | ||||||
19 | publication, the estimate shall
be identified as an estimate | ||||||
20 | and
published. When the actual total cost is determined, it | ||||||
21 | shall
also be published in like manner
before the 10th day of | ||||||
22 | the next succeeding month.
| ||||||
23 | (c) Affidavits. A chief procurement officer making a | ||||||
24 | procurement
under this Section shall file
affidavits with the | ||||||
25 | Procurement Policy Board and the Auditor General within
10 | ||||||
26 | calendar days
after the procurement setting
forth the amount |
| |||||||
| |||||||
1 | expended, the name of the contractor involved,
and the | ||||||
2 | conditions and
circumstances requiring the emergency | ||||||
3 | procurement. When only an
estimate of the cost is
available | ||||||
4 | within 10 calendar days after the procurement, the actual cost
| ||||||
5 | shall be reported immediately
after it is determined. At the | ||||||
6 | end of each fiscal quarter, the
Auditor General shall file with | ||||||
7 | the
Legislative Audit Commission and the Governor a complete | ||||||
8 | listing
of all emergency
procurements reported during that | ||||||
9 | fiscal quarter. The Legislative
Audit Commission shall
review | ||||||
10 | the emergency procurements so reported and, in its annual
| ||||||
11 | reports, advise the General
Assembly of procurements that | ||||||
12 | appear to constitute an abuse of
this Section.
| ||||||
13 | (d) Quick purchases. The chief procurement officer may | ||||||
14 | promulgate rules
extending the circumstances by which a | ||||||
15 | purchasing agency may make purchases
under this Section, | ||||||
16 | including but not limited to the procurement of items
available | ||||||
17 | at a discount for a limited period of time.
| ||||||
18 | (e) The changes to this Section made by this amendatory Act | ||||||
19 | of the 96th General Assembly apply to procurements executed on | ||||||
20 | or after its effective date.
| ||||||
21 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
22 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
23 | (30 ILCS 500/20-35)
| ||||||
24 | Sec. 20-35. Competitive selection procedures.
| ||||||
25 | (a) Conditions for use. The services specified in Article
|
| |||||||
| |||||||
1 | 35
shall be procured in accordance with this Section,
except as | ||||||
2 | authorized under Sections
20-25 and 20-30 of
this Article.
| ||||||
3 | (b) Statement of qualifications. Respondents Potential | ||||||
4 | contractors shall
submit statements of
qualifications and | ||||||
5 | expressions of interest. The chief procurement officer
shall | ||||||
6 | specify a uniform format for
statements of qualifications. | ||||||
7 | Persons may amend these statements
at any time by filing a new
| ||||||
8 | statement.
| ||||||
9 | (c) Public announcement and form of request for proposals.
| ||||||
10 | Public notice of the need
for the procurement shall be given in | ||||||
11 | the form of a request for
proposals and published in the
| ||||||
12 | Illinois Procurement Bulletin at least 14 calendar days before | ||||||
13 | the date set
in the request for proposals for
the opening of | ||||||
14 | proposals. The request for proposals shall
describe the | ||||||
15 | services required, list the type of information and data | ||||||
16 | required
of each respondent offeror , and state the
relative | ||||||
17 | importance of particular qualifications.
| ||||||
18 | (d) Discussions. The purchasing agency may conduct
| ||||||
19 | discussions with any respondent offeror who
has submitted a | ||||||
20 | response proposal to determine the respondent's offeror's | ||||||
21 | qualifications
for further consideration.
Discussions shall | ||||||
22 | not disclose any information derived from
proposals submitted | ||||||
23 | by other respondents
offerors .
| ||||||
24 | (e) Award. Award shall be made to the respondent offeror | ||||||
25 | determined in
writing by the purchasing
agency to be best | ||||||
26 | qualified based on the evaluation factors set
forth in the |
| |||||||
| |||||||
1 | request for proposals
and negotiation of compensation | ||||||
2 | determined to be fair and
reasonable.
| ||||||
3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
4 | (30 ILCS 500/20-40)
| ||||||
5 | Sec. 20-40.
Cancellation of invitations for bids or
| ||||||
6 | requests for proposals. An
invitation for bids, a request for | ||||||
7 | proposals, or any other
solicitation may be cancelled without | ||||||
8 | penalty, or any
and all bids , offers, or proposals , or any | ||||||
9 | other solicitation may be rejected in whole or in part as
may | ||||||
10 | be specified in the
solicitation, when it is in the best | ||||||
11 | interests of the State in
accordance with rules.
The reasons | ||||||
12 | for cancellation or rejection shall be
made part of the | ||||||
13 | contract file.
| ||||||
14 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
15 | (30 ILCS 500/20-43)
| ||||||
16 | Sec. 20-43. Bidder or offeror authorized to do business in | ||||||
17 | Illinois. In addition to meeting any other requirement of law | ||||||
18 | or rule, a person (other than an individual acting as a sole | ||||||
19 | proprietor) may qualify as a bidder or offeror under this Code | ||||||
20 | only if the person is a legal entity authorized to transact do | ||||||
21 | business or conduct affairs in Illinois prior to submitting the | ||||||
22 | bid, offer, or proposal.
| ||||||
23 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
24 | for the effective date of P.A. 96-795) .)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-50)
| ||||||
2 | Sec. 20-50. Specifications. Specifications shall be
| ||||||
3 | prepared in accordance with consistent
standards that are | ||||||
4 | promulgated by the chief procurement officer and reviewed by
| ||||||
5 | the
Board and the Joint Committee on Administrative Rules. | ||||||
6 | Those standards shall
include
a prohibition against the use
of | ||||||
7 | brand-name only products, except for products intended for | ||||||
8 | retail sale or as
specified by rule. All specifications
shall | ||||||
9 | seek to promote overall
economy for the purposes intended and | ||||||
10 | encourage competition in
satisfying the State's needs
and shall | ||||||
11 | not be unduly restrictive.
| ||||||
12 | A solicitation or specification for a contract or a | ||||||
13 | contract, including a
contract but not limited to of a college, | ||||||
14 | university, or institution under the jurisdiction of a
| ||||||
15 | governing board listed in Section 1-15.100, may not require, | ||||||
16 | stipulate,
suggest, or encourage a monetary or other financial | ||||||
17 | contribution or donation, cash bonus or incentive, or economic | ||||||
18 | investment , or other prohibited conduct as
an explicit or | ||||||
19 | implied term or condition for awarding or completing the
| ||||||
20 | contract. The contract, solicitation, or specification also | ||||||
21 | may not include
a requirement that an individual or individuals | ||||||
22 | employed by
such
a college,
university, or institution receive | ||||||
23 | a consulting
contract for professional services.
| ||||||
24 | As used in this Section, "prohibited conduct" includes | ||||||
25 | requested payments or other consideration by a third party to |
| |||||||
| |||||||
1 | the university or State agency that is not part of the | ||||||
2 | solicitation or that is unrelated to the subject matter or | ||||||
3 | purpose of the solicitation. "Prohibited conduct" does not | ||||||
4 | include a payment from the vendor that is supported by | ||||||
5 | additional consideration (such as exclusive rights to sell | ||||||
6 | items or rights to advertise), other than the consideration of | ||||||
7 | the State's awarding a contract to purchase of goods and | ||||||
8 | services. | ||||||
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 500/20-80)
| ||||||
12 | Sec. 20-80. Contract files.
| ||||||
13 | (a) Written determinations. All written determinations
| ||||||
14 | required under this Article shall
be placed in the contract | ||||||
15 | file maintained by the chief procurement officer.
| ||||||
16 | (b) Filing with Comptroller. Whenever a grant, defined | ||||||
17 | pursuant to
accounting standards established by the | ||||||
18 | Comptroller, or a contract
liability,
except for:
(1) contracts | ||||||
19 | paid
from personal services, or
(2) contracts between the State | ||||||
20 | and its
employees to defer
compensation in accordance with | ||||||
21 | Article 24 of the Illinois Pension Code,
exceeding $20,000 is | ||||||
22 | incurred by any
State agency, a copy of the contract, purchase | ||||||
23 | order, grant, or
lease shall be filed with the
Comptroller | ||||||
24 | within 30 calendar days thereafter. Beginning January 1, 2013, | ||||||
25 | the Comptroller may require that contracts and grants required |
| |||||||
| |||||||
1 | to be filed with the Comptroller under this Section shall be | ||||||
2 | filed electronically, unless the agency is incapable of filing | ||||||
3 | the contract or grant electronically because it does not | ||||||
4 | possess the necessary technology or equipment. Any agency that | ||||||
5 | is incapable of electronically filing its contracts or grants | ||||||
6 | shall submit a written statement to the Governor and to the | ||||||
7 | Comptroller attesting to the reasons for its inability to | ||||||
8 | comply. This statement shall include a discussion of what the | ||||||
9 | agency needs in order to effectively comply with this Section. | ||||||
10 | Prior to requiring electronic filing, the Comptroller shall | ||||||
11 | consult with the Governor as to the feasibility of establishing | ||||||
12 | mutually agreeable technical standards for the electronic | ||||||
13 | document imaging, storage, and transfer of contracts and | ||||||
14 | grants, taking into consideration the technology available to | ||||||
15 | that agency, best practices, and the technological | ||||||
16 | capabilities of State agencies. Nothing in this amendatory Act | ||||||
17 | of the 97th General Assembly shall be construed to impede the | ||||||
18 | implementation of an Enterprise Resource Planning (ERP) | ||||||
19 | system. For each State contract for goods, supplies, or | ||||||
20 | services awarded on or after July 1, 2010, the contracting | ||||||
21 | agency shall provide the applicable rate and unit of | ||||||
22 | measurement of the goods, supplies, or services on the contract | ||||||
23 | obligation document as required by the Comptroller. If the | ||||||
24 | contract obligation document that is submitted to the | ||||||
25 | Comptroller contains the rate and unit of measurement of the | ||||||
26 | goods, supplies, or services, the Comptroller shall provide |
| |||||||
| |||||||
1 | that information on his or her official website. Any | ||||||
2 | cancellation or
modification to any such contract
liability | ||||||
3 | shall be filed with the Comptroller within 30 calendar days of
| ||||||
4 | its execution.
| ||||||
5 | (c) Late filing affidavit. When a contract, purchase order, | ||||||
6 | grant,
or lease required to be
filed by this Section has not | ||||||
7 | been filed within 30 calendar days of
execution, the | ||||||
8 | Comptroller shall refuse
to issue a warrant for payment | ||||||
9 | thereunder until the agency files
with the Comptroller the
| ||||||
10 | contract, purchase order, grant, or lease and an affidavit, | ||||||
11 | signed by the
chief executive officer of the
agency or his or | ||||||
12 | her designee, setting forth an explanation of why
the contract | ||||||
13 | liability was not
filed within 30 calendar days of execution. A | ||||||
14 | copy of this affidavit shall
be filed with the Auditor
General.
| ||||||
15 | (d) Timely execution of contracts. No
voucher shall be | ||||||
16 | submitted to the
Comptroller for a warrant to be drawn for the | ||||||
17 | payment of money
from the State treasury or from
other funds | ||||||
18 | held by the State Treasurer on account of any contract unless | ||||||
19 | the
contract is reduced to writing
before the services are | ||||||
20 | performed and filed with the Comptroller. Vendors shall not be | ||||||
21 | paid for any goods that were received or services that were | ||||||
22 | rendered before the contract was reduced to writing and signed | ||||||
23 | by all necessary parties. A chief procurement officer may | ||||||
24 | request an exception to this subsection by submitting a written | ||||||
25 | statement to the Comptroller and Treasurer setting forth the | ||||||
26 | circumstances and reasons why the contract could not be reduced |
| |||||||
| |||||||
1 | to writing before the supplies were received or services were | ||||||
2 | performed. A waiver of this subsection must be approved by the | ||||||
3 | Comptroller and Treasurer. This Section shall not apply to | ||||||
4 | emergency purchases if notice of the emergency purchase is | ||||||
5 | filed with the Procurement Policy Board and published in the | ||||||
6 | Bulletin as required by this Code.
| ||||||
7 | (e) Method of source selection. When a contract is filed
| ||||||
8 | with the Comptroller under this
Section, the Comptroller's file | ||||||
9 | shall identify the method of
source selection used in obtaining | ||||||
10 | the
contract.
| ||||||
11 | (Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see | ||||||
12 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
13 | by P.A. 96-795); 96-1000, eff. 7-2-10; 97-932, eff. 8-10-12.)
| ||||||
14 | (30 ILCS 500/20-95)
| ||||||
15 | Sec. 20-95. Donations. Nothing in this Code or in the rules | ||||||
16 | promulgated
under this Code shall prevent any State agency from | ||||||
17 | complying with the terms
and conditions of any grant, gift, or | ||||||
18 | bequest that calls for the procurement of
a particular good or | ||||||
19 | service or the use of a particular vendor contractor , provided
| ||||||
20 | that the grant, gift, or bequest provides majority funding for | ||||||
21 | the contract.
| ||||||
22 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
23 | (30 ILCS 500/20-120) | ||||||
24 | Sec. 20-120. Subcontractors. |
| |||||||
| |||||||
1 | (a) Any contract granted under this Code shall state | ||||||
2 | whether the services of a subcontractor will be used. The | ||||||
3 | contract shall include the names and addresses of all known | ||||||
4 | subcontractors with subcontracts with an annual value of more | ||||||
5 | than $50,000, the general type of work to be performed by these | ||||||
6 | subcontractors, and the expected amount of money each will | ||||||
7 | receive under the contract. Upon the request of the chief | ||||||
8 | procurement officer appointed pursuant to paragraph (2) of | ||||||
9 | subsection (a) of Section 10-20, the contractor shall provide | ||||||
10 | the chief procurement officer a copy of a subcontract so | ||||||
11 | identified within 15 calendar days after the request is made. A | ||||||
12 | subcontractor, or contractor on behalf of a subcontractor, may | ||||||
13 | identify information that is deemed proprietary or | ||||||
14 | confidential. If the chief procurement officer determines the | ||||||
15 | information is not relevant to the primary contract, the chief | ||||||
16 | procurement officer may excuse the inclusion of the | ||||||
17 | information. If the chief procurement officer determines the | ||||||
18 | information is proprietary or could harm the business interest | ||||||
19 | of the subcontractor, the chief procurement officer may, in his | ||||||
20 | or her discretion, redact the information. Redacted | ||||||
21 | information shall not become part of the public record. | ||||||
22 | (b) If at any time during the term of a contract, a | ||||||
23 | contractor adds or changes any subcontractors, he or she shall | ||||||
24 | promptly notify, in writing, the chief procurement officer, | ||||||
25 | State purchasing officer, or their designee of the names and | ||||||
26 | addresses of each new or replaced subcontractor and the general |
| |||||||
| |||||||
1 | type of work to be performed. Upon the request of the chief | ||||||
2 | procurement officer appointed pursuant to paragraph (2) of | ||||||
3 | subsection (a) of Section 10-20, the contractor shall provide | ||||||
4 | the chief procurement officer a copy of any new or amended | ||||||
5 | subcontract so identified within 15 calendar days after the | ||||||
6 | request is made. | ||||||
7 | (c) In addition to any other requirements of this Code, a | ||||||
8 | subcontract subject to this Section must include all of the | ||||||
9 | subcontractor's certifications required by Article 50 of the | ||||||
10 | Code. | ||||||
11 | (d) This Section applies to procurements solicited on or | ||||||
12 | after the effective date of this amendatory Act of the 96th | ||||||
13 | General Assembly.
The changes made to this Section by this | ||||||
14 | amendatory Act of the 97th General Assembly apply to | ||||||
15 | procurements solicited on or after the effective date of this | ||||||
16 | amendatory Act of the 97th General Assembly. | ||||||
17 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
18 | for the effective date of P.A. 96-795); 96-920, eff. 7-1-10; | ||||||
19 | 97-895, eff. 8-3-12.) | ||||||
20 | (30 ILCS 500/20-155) | ||||||
21 | Sec. 20-155. Solicitation and contract documents. | ||||||
22 | (a) Each chief procurement officer appointed pursuant to | ||||||
23 | Section 10-20 shall have the sole authority in their respective | ||||||
24 | jurisdiction to develop and distribute uniform documents for | ||||||
25 | the solicitation, review, and acceptance of all bids, offers, |
| |||||||
| |||||||
1 | and responses and the award of contracts pursuant to this Code. | ||||||
2 | If a chief procurement officer appointed pursuant to Section | ||||||
3 | 10-20 exercises the authority to develop and distribute uniform | ||||||
4 | documents for the solicitation, review and acceptance of all | ||||||
5 | bids, offers and responses and the award of contracts, then the | ||||||
6 | State agency shall use the uniform documents. | ||||||
7 | (b) (a) After award of a contract and subject to provisions | ||||||
8 | of the Freedom of Information Act, the procuring agency shall | ||||||
9 | make available for public inspection and copying all pre-award, | ||||||
10 | post-award, administration, and close-out documents relating | ||||||
11 | to that particular contract.
| ||||||
12 | (c) (b) A procurement file shall be maintained for all | ||||||
13 | contracts, regardless of the method of procurement. The | ||||||
14 | procurement file shall contain the basis on which the award is | ||||||
15 | made, all submitted bids and proposals, all evaluation | ||||||
16 | materials, score sheets and all other documentation related to | ||||||
17 | or prepared in conjunction with evaluation, negotiation, and | ||||||
18 | the award process. The procurement file shall contain a written | ||||||
19 | determination, signed by the chief procurement officer or State | ||||||
20 | purchasing officer, setting forth the reasoning for the | ||||||
21 | contract award decision. The procurement file shall not include | ||||||
22 | trade secrets or other competitively sensitive, confidential, | ||||||
23 | or proprietary information. The procurement file shall be open | ||||||
24 | to public inspection within 7 calendar 7 business days | ||||||
25 | following award of the contract. | ||||||
26 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
| |||||||
| |||||||
1 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
2 | eff. 8-3-12.)
| ||||||
3 | (30 ILCS 500/20-160)
| ||||||
4 | Sec. 20-160. Business entities; certification; | ||||||
5 | registration with the State Board of Elections. | ||||||
6 | (a) For purposes of this Section, the terms "business | ||||||
7 | entity", "contract", "State contract", "contract with a State | ||||||
8 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
9 | person" have the meanings ascribed to those terms in Section | ||||||
10 | 50-37. | ||||||
11 | (b) Every bid and offer submitted to and every contract | ||||||
12 | executed by the State on or after January 1, 2009 (the | ||||||
13 | effective date of Public Act 95-971) and every submission to a | ||||||
14 | vendor portal shall contain (1) a certification by the bidder , | ||||||
15 | offeror, vendor, or contractor that either (i) the bidder , | ||||||
16 | offeror, vendor, or contractor is not required to register as a | ||||||
17 | business entity with the State Board of Elections pursuant to | ||||||
18 | this Section or (ii) the bidder , offeror, vendor, or contractor | ||||||
19 | has registered as a business entity with the State Board of | ||||||
20 | Elections and acknowledges a continuing duty to update the | ||||||
21 | registration and (2) a statement that the contract is voidable | ||||||
22 | under Section 50-60 for the bidder's , offeror's, vendor's, or | ||||||
23 | contractor's failure to comply with this Section. | ||||||
24 | (c) Within 30 days after the effective date of this | ||||||
25 | amendatory Act of the 95th General Assembly, each Each business |
| |||||||
| |||||||
1 | entity (i) whose aggregate bids and proposals on State | ||||||
2 | contracts annually total more than $50,000, (ii) whose | ||||||
3 | aggregate bids and proposals on State contracts combined with | ||||||
4 | the business entity's aggregate annual total value of State | ||||||
5 | contracts exceed $50,000, or (iii) whose contracts with State | ||||||
6 | agencies, in the aggregate, annually total more than $50,000 | ||||||
7 | shall register with the State Board of Elections in accordance | ||||||
8 | with Section 9-35 of the Election Code. A business entity | ||||||
9 | required to register under this subsection shall submit a copy | ||||||
10 | of the certificate of registration to the applicable chief | ||||||
11 | procurement officer within 90 days after the effective date of | ||||||
12 | this amendatory Act of the 95th General Assembly. A business | ||||||
13 | entity required to register under this subsection due to item | ||||||
14 | (i) or (ii) has a continuing duty to ensure that the | ||||||
15 | registration is accurate during the period beginning on the | ||||||
16 | date of registration and ending on the day after the date the | ||||||
17 | contract is awarded; any change in information must be reported | ||||||
18 | to the State Board of Elections 5 business days following such | ||||||
19 | change or no later than a day before the contract is awarded, | ||||||
20 | whichever date is earlier. A business entity required to | ||||||
21 | register under this subsection due to item (iii) has a | ||||||
22 | continuing duty to ensure that the registration is accurate in | ||||||
23 | accordance with subsection (e). | ||||||
24 | (d) Any business entity, not required under subsection (c) | ||||||
25 | to register within 30 days after the effective date of this | ||||||
26 | amendatory Act of the 95th General Assembly , whose aggregate |
| |||||||
| |||||||
1 | bids and proposals on State contracts annually total more than | ||||||
2 | $50,000, or whose aggregate bids and proposals on State | ||||||
3 | contracts combined with the business entity's aggregate annual | ||||||
4 | total value of State contracts exceed $50,000, shall register | ||||||
5 | with the State Board of Elections in accordance with Section | ||||||
6 | 9-35 of the Election Code prior to submitting to a State agency | ||||||
7 | the bid or proposal whose value causes the business entity to | ||||||
8 | fall within the monetary description of this subsection. A | ||||||
9 | business entity required to register under this subsection has | ||||||
10 | a continuing duty to ensure that the registration is accurate | ||||||
11 | during the period beginning on the date of registration and | ||||||
12 | ending on the day after the date the contract is awarded. Any | ||||||
13 | change in information must be reported to the State Board of | ||||||
14 | Elections within 5 business days following such change or no | ||||||
15 | later than a day before the contract is awarded, whichever date | ||||||
16 | is earlier. | ||||||
17 | (e) A business entity whose contracts with State agencies, | ||||||
18 | in the aggregate, annually total more than $50,000 must | ||||||
19 | maintain its registration under this Section and has a | ||||||
20 | continuing duty to ensure that the registration is accurate for | ||||||
21 | the duration of the term of office of the incumbent | ||||||
22 | officeholder awarding the contracts or for a period of 2 years | ||||||
23 | following the expiration or termination of the contracts, | ||||||
24 | whichever is longer. A business entity, required to register | ||||||
25 | under this subsection, has a continuing duty to report any | ||||||
26 | changes on a quarterly basis to the State Board of Elections |
| |||||||
| |||||||
1 | within 14 calendar 10 business days following the last day of | ||||||
2 | January, April, July, and October of each year. Any update | ||||||
3 | pursuant to this paragraph that is received beyond that date is | ||||||
4 | presumed late and the civil penalty authorized by subsection | ||||||
5 | (e) of Section 9-35 of the Election Code (10 ILCS 5/9-35) may | ||||||
6 | be assessed. | ||||||
7 | Also, if a business entity required to register under this | ||||||
8 | subsection has a pending bid or offer proposal , any change in | ||||||
9 | information shall be reported to the State Board of Elections | ||||||
10 | within 7 calendar 5 business days following such change or no | ||||||
11 | later than a day before the contract is awarded, whichever date | ||||||
12 | is earlier. | ||||||
13 | (f) A business entity's continuing duty under this Section | ||||||
14 | to ensure the accuracy of its registration includes the | ||||||
15 | requirement that the business entity notify the State Board of | ||||||
16 | Elections of any change in information, including but not | ||||||
17 | limited to changes of affiliated entities or affiliated | ||||||
18 | persons. | ||||||
19 | (g) For any bid or offer proposal for a contract with a | ||||||
20 | State agency by a business entity required to register under | ||||||
21 | this Section, the chief procurement officer shall verify that | ||||||
22 | the business entity is required to register under this Section | ||||||
23 | and is in compliance with the registration requirements on the | ||||||
24 | date the bid or offer proposal is due. A chief procurement | ||||||
25 | officer shall not accept a bid or offer proposal if the | ||||||
26 | business entity is not in compliance with the registration |
| |||||||
| |||||||
1 | requirements as of the date bids or offers proposals are due. | ||||||
2 | (h) A registration, and any changes to a registration, must | ||||||
3 | include the business entity's verification of accuracy and | ||||||
4 | subjects the business entity to the penalties of the laws of | ||||||
5 | this State for perjury. | ||||||
6 | In addition to any penalty under Section 9-35 of the | ||||||
7 | Election Code, intentional, willful, or material failure to | ||||||
8 | disclose information required for registration shall render | ||||||
9 | the contract, bid, offer proposal , or other procurement | ||||||
10 | relationship voidable by the chief procurement officer if he or | ||||||
11 | she deems it to be in the best interest of the State of | ||||||
12 | Illinois. | ||||||
13 | (i) This Section applies regardless of the method of source | ||||||
14 | selection used in awarding the contract.
| ||||||
15 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
16 | for the effective date of changes made by P.A. 96-795); 96-848, | ||||||
17 | eff. 1-1-10; 97-333, eff. 8-12-11; 97-895, eff. 8-3-12.)
| ||||||
18 | (30 ILCS 500/25-60)
| ||||||
19 | Sec. 25-60. Prevailing wage requirements.
| ||||||
20 | (a) All services furnished
under service contracts of | ||||||
21 | $2,000 or more or $200 or more per month and under
printing | ||||||
22 | contracts shall be
subject to the following prevailing wage | ||||||
23 | requirements:
| ||||||
24 | (1) Not less than the general prevailing wage rate of | ||||||
25 | hourly wages for
work of a similar character in the |
| |||||||
| |||||||
1 | locality in which the work is produced shall
be paid by the | ||||||
2 | successful bidder, offeror, or potential contractor vendor | ||||||
3 | to its employees who perform the work on the
State | ||||||
4 | contracts. The bidder , or offeror, potential contractor, | ||||||
5 | or contractor in order to be considered to be a
responsible | ||||||
6 | bidder , or offeror , potential contractor, or contractor | ||||||
7 | for the purposes of this Code, shall certify to
the | ||||||
8 | purchasing agency that wages to be paid to its employees | ||||||
9 | are no less, and
fringe benefits and working conditions of | ||||||
10 | employees are not less favorable,
than those prevailing in | ||||||
11 | the locality where the contract is to be performed.
| ||||||
12 | Prevailing wages and working conditions shall be | ||||||
13 | determined by the Director of
the Illinois Department of | ||||||
14 | Labor.
| ||||||
15 | (2) Whenever a collective bargaining agreement is in | ||||||
16 | effect between an
employer, other than a governmental body, | ||||||
17 | and service or printing employees as
defined in this | ||||||
18 | Section who are represented by a responsible organization | ||||||
19 | that
is in no way influenced or controlled by the | ||||||
20 | management, that agreement and its
provisions shall be | ||||||
21 | considered as conditions prevalent in that locality and
| ||||||
22 | shall be the minimum requirements taken into consideration | ||||||
23 | by the Director of
Labor.
| ||||||
24 | (b) As used in this Section, "services" means janitorial | ||||||
25 | cleaning services,
window cleaning services, building and | ||||||
26 | grounds services, site technician
services, natural resources |
| |||||||
| |||||||
1 | services, food services, and security services.
"Printing"
| ||||||
2 | means and includes all processes and operations involved in | ||||||
3 | printing, including
but not limited to letterpress, offset, and | ||||||
4 | gravure processes, the multilith
method, photographic or other | ||||||
5 | duplicating process, the operations of
composition, | ||||||
6 | platemaking, presswork, and binding, and the end products of | ||||||
7 | those
processes, methods, and operations. As used in this Code | ||||||
8 | "printing" does not
include photocopiers used in the course of | ||||||
9 | normal business activities,
photographic equipment used for | ||||||
10 | geographic mapping, or printed matter that is
commonly | ||||||
11 | available to the general public from contractor inventory.
| ||||||
12 | (c) The terms "general prevailing rate of hourly wages", | ||||||
13 | "general prevailing
rate of wages", or "prevailing rate of | ||||||
14 | wages" when used in this Section mean
the hourly cash wages | ||||||
15 | plus fringe benefits for health and welfare, insurance,
| ||||||
16 | vacations, and pensions paid generally, in the locality in | ||||||
17 | which the work is
being performed, to employees engaged in work | ||||||
18 | of a similar character.
| ||||||
19 | (d) "Locality" shall have the meaning established by rule.
| ||||||
20 | (e) This Section does not apply to services furnished under | ||||||
21 | contracts for
professional or artistic services.
| ||||||
22 | (f) This Section does not apply to vocational programs of | ||||||
23 | training for
physically or mentally handicapped persons or to | ||||||
24 | sheltered workshops for the
severely disabled.
| ||||||
25 | (Source: P.A. 93-370, eff. 1-1-04.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/25-65) | ||||||
2 | Sec. 25-65. Contracts performed outside the United States.
| ||||||
3 | Prior to contracting or as a requirement of solicitation of any | ||||||
4 | State contracts for services as defined in Section 1-15.90, | ||||||
5 | whichever is appropriate, potential contractors prospective | ||||||
6 | vendors shall disclose in a statement of work where services | ||||||
7 | will be performed under that contract, including any | ||||||
8 | subcontracts, and whether any services under that contract, | ||||||
9 | including any subcontracts, are anticipated to be performed | ||||||
10 | outside the United States. | ||||||
11 | In awarding the contract or evaluating the bid or offer, | ||||||
12 | the chief procurement officer may consider such disclosure and | ||||||
13 | the economic impact to the State of Illinois and its residents.
| ||||||
14 | If the chief procurement officer awards a contract to a | ||||||
15 | vendor based upon disclosure that work will be performed in the | ||||||
16 | United States and during the term of the contract the | ||||||
17 | contractor or a subcontractor proceeds to shift work outside of | ||||||
18 | the United States, the contractor shall be deemed in breach of | ||||||
19 | contract, unless the chief procurement officer shall have first | ||||||
20 | determined in writing that circumstances require the shift of | ||||||
21 | work or that termination of the contract would not be in the | ||||||
22 | State's best interest.
| ||||||
23 | Nothing in this Section is intended to contravene any | ||||||
24 | existing treaty, law, agreement, or regulation of the United | ||||||
25 | States.
| ||||||
26 | The chief procurement officer appointed pursuant to |
| |||||||
| |||||||
1 | paragraph (4) of subsection (a) of Section 10-20 shall prepare | ||||||
2 | and deliver to the General Assembly, no later than September 1, | ||||||
3 | 2015, a report on the impact of outsourcing services for State | ||||||
4 | agencies subject to the jurisdiction of the chief procurement | ||||||
5 | officer. The report shall include the State's cost of | ||||||
6 | procurement and shall identify those contracts where it was | ||||||
7 | disclosed that services were provided outside of the United | ||||||
8 | States, including a description and value of those services. | ||||||
9 | Each State agency subject to the jurisdiction of the chief | ||||||
10 | procurement officer appointed pursuant to paragraph (4) of | ||||||
11 | subsection (a) of Section 10-20 must provide the chief | ||||||
12 | procurement officer the information necessary to comply with | ||||||
13 | this Section on or before June 1, 2015. The requirement for | ||||||
14 | reporting to the General Assembly shall be satisfied by filing | ||||||
15 | copies of the report in the manner provided by Section 3.1 of | ||||||
16 | the General Assembly Organization Act. | ||||||
17 | The Department of Central Management Services shall | ||||||
18 | prepare and deliver to the General Assembly, no later than | ||||||
19 | September 1, 2007, a report on the impact of outsourcing | ||||||
20 | services on the State's cost of procurement that identifies | ||||||
21 | those contracts where it was disclosed that services were | ||||||
22 | provided outside of the United States and a description and | ||||||
23 | value of those services.
| ||||||
24 | (Source: P.A. 93-1081, eff. 6-1-05 .) | ||||||
25 | (30 ILCS 500/25-80) |
| |||||||
| |||||||
1 | Sec. 25-80. Successor contractor vendor . All service | ||||||
2 | contracts shall include a clause requiring the bidder or | ||||||
3 | offeror, in order to be considered a responsible bidder or | ||||||
4 | offeror for the purposes of this Code, to certify to the | ||||||
5 | purchasing agency (i) that it shall offer to assume the | ||||||
6 | collective bargaining obligations of the prior employer, | ||||||
7 | including any existing collective bargaining agreement with | ||||||
8 | the bargaining representative of any existing collective | ||||||
9 | bargaining unit or units performing substantially similar work | ||||||
10 | to the services covered by the contract subject to its bid or | ||||||
11 | offer, and (ii) that it shall offer employment to all employees | ||||||
12 | currently employed in any existing bargaining unit performing | ||||||
13 | substantially similar work that will be performed by the | ||||||
14 | successor vendor.
| ||||||
15 | This Section does not apply to heating and air conditioning | ||||||
16 | service contracts, plumbing service contracts, and electrical | ||||||
17 | service contracts. | ||||||
18 | (Source: P.A. 95-314, eff. 1-1-08.) | ||||||
19 | (30 ILCS 500/30-22)
| ||||||
20 | Sec. 30-22. Construction contracts; responsible bidder | ||||||
21 | requirements. To
be
considered a responsible bidder on a | ||||||
22 | construction contract for purposes of this
Code, a
bidder must | ||||||
23 | comply with all of the following requirements and must present
| ||||||
24 | satisfactory
evidence of that compliance to the appropriate | ||||||
25 | construction agency:
|
| |||||||
| |||||||
1 | (1) The bidder must comply with all applicable laws | ||||||
2 | concerning the
bidder's entitlement to conduct business in | ||||||
3 | Illinois.
| ||||||
4 | (2) The bidder must comply with all applicable | ||||||
5 | provisions of the
Prevailing Wage Act.
| ||||||
6 | (3) The bidder must comply with Subchapter VI ("Equal | ||||||
7 | Employment
Opportunities") of Chapter 21 of Title 42 of the | ||||||
8 | United States Code (42 U.S.C.
2000e and following) and with | ||||||
9 | Federal Executive Order No. 11246 as amended
by Executive | ||||||
10 | Order No. 11375.
| ||||||
11 | (4) The bidder must have a valid Federal Employer | ||||||
12 | Identification Number
or, if an individual, a valid Social | ||||||
13 | Security Number.
| ||||||
14 | (5) The bidder must have a valid certificate of | ||||||
15 | insurance showing the
following coverages: general | ||||||
16 | liability, professional liability, product
liability,
| ||||||
17 | workers' compensation, completed operations, hazardous | ||||||
18 | occupation, and
automobile.
| ||||||
19 | (6) The bidder and all bidder's subcontractors must | ||||||
20 | participate
in applicable apprenticeship and training | ||||||
21 | programs
approved by and registered with the United States | ||||||
22 | Department of Labor's Bureau
of Apprenticeship and | ||||||
23 | Training.
| ||||||
24 | (7) For contracts with the Illinois Power Agency, the | ||||||
25 | Director of the Illinois Power Agency may establish | ||||||
26 | additional requirements for responsible bidders. These |
| |||||||
| |||||||
1 | additional requirements, if established, shall be set | ||||||
2 | forth together with the other criteria contained in the | ||||||
3 | invitation for bids, and shall appear in the appropriate | ||||||
4 | volume of the Illinois Procurement Bulletin. | ||||||
5 | (8) The bidder must certify submit a signed affidavit | ||||||
6 | stating that the bidder will maintain an Illinois office as | ||||||
7 | the primary place of employment for persons employed in the | ||||||
8 | construction authorized by the contract.
| ||||||
9 | The provisions of this Section shall not apply to federally | ||||||
10 | funded
construction projects if such application would | ||||||
11 | jeopardize the receipt or use
of federal funds in support of | ||||||
12 | such a project.
| ||||||
13 | (Source: P.A. 97-369, eff. 8-15-11.)
| ||||||
14 | (30 ILCS 500/30-30)
| ||||||
15 | Sec. 30-30. Contracts in excess of $250,000. For
building | ||||||
16 | construction contracts in excess of
$250,000, separate | ||||||
17 | specifications shall be prepared for all
equipment, labor, and | ||||||
18 | materials in
connection with the following 5 subdivisions of | ||||||
19 | the work to be
performed:
| ||||||
20 | (1) plumbing;
| ||||||
21 | (2) heating, piping, refrigeration, and automatic
| ||||||
22 | temperature control systems,
including the testing and | ||||||
23 | balancing of those systems;
| ||||||
24 | (3) ventilating and distribution systems for
| ||||||
25 | conditioned air, including the testing
and balancing of |
| |||||||
| |||||||
1 | those systems;
| ||||||
2 | (4) electric wiring; and
| ||||||
3 | (5) general contract work.
| ||||||
4 | The specifications must be so drawn as to permit separate | ||||||
5 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
6 | work. All contracts awarded
for any part thereof shall
award | ||||||
7 | the 5 subdivisions of work separately to responsible and
| ||||||
8 | reliable persons, firms, or
corporations engaged in these | ||||||
9 | classes of work. The contracts, at
the discretion of the
| ||||||
10 | construction agency, may be assigned to the successful bidder | ||||||
11 | on
the general contract work or
to the successful bidder on the | ||||||
12 | subdivision of work designated by
the construction agency | ||||||
13 | before
the bidding as the prime subdivision of work, provided | ||||||
14 | that all
payments will be made directly
to the contractors for | ||||||
15 | the 5 subdivisions of work upon compliance
with the conditions | ||||||
16 | of the
contract.
| ||||||
17 | Until a date 4 years after July 1, 2011, the requirements | ||||||
18 | of this Section do not apply to a construction project for | ||||||
19 | which the Capital Development Board is the construction agency | ||||||
20 | if: (i) the project budget is at least $15,000,000; (ii) the | ||||||
21 | Capital Development Board has submitted to the Procurement | ||||||
22 | Policy Board a written request for a public hearing on waiver | ||||||
23 | of the application of the requirements of this Section to that | ||||||
24 | project, including its reasons for seeking the waiver and why | ||||||
25 | the waiver is in the best interest of the State; (iii) the | ||||||
26 | Capital Development Board has posted notice of the waiver |
| |||||||
| |||||||
1 | hearing on its procurement web page and on the online | ||||||
2 | Procurement Bulletin at least 15 calendar working days before | ||||||
3 | the hearing;
(iv) the Procurement Policy Board, after | ||||||
4 | conducting the public hearing on the waiver request, reviews | ||||||
5 | and approves the request in writing before the award of the | ||||||
6 | contract; (v) the successful low bidder has prequalified with | ||||||
7 | the Capital Development Board; (vi) the bid of the successful | ||||||
8 | low bidder identifies the name of the subcontractor, if any, | ||||||
9 | and the bid proposal costs for each of the 5 subdivisions of | ||||||
10 | work set forth in this Section; and (vii) the contract entered | ||||||
11 | into with the successful bidder provides that no identified | ||||||
12 | subcontractor may be terminated without the written consent of | ||||||
13 | the Capital Development Board.
With respect to any construction | ||||||
14 | project described in this paragraph, the Capital Development | ||||||
15 | Board shall: (i) provide to the Auditor General an affidavit | ||||||
16 | that the waiver of the application of the requirements of this | ||||||
17 | Section is in the best interest of the State; (ii) specify in | ||||||
18 | writing as a public record that the project shall comply with | ||||||
19 | the disadvantaged business practices of the Business | ||||||
20 | Enterprise for Minorities, Females, and Persons with | ||||||
21 | Disabilities Act and the equal employment practices of Section | ||||||
22 | 2-105 of the Illinois Human Rights Act; and (iii) report | ||||||
23 | annually to the Governor and the General Assembly on the | ||||||
24 | bidding, award, and performance. On and after January 1, 2009 | ||||||
25 | (the effective date of Public Act 95-758), the Capital | ||||||
26 | Development Board may award in each year contracts with an |
| |||||||
| |||||||
1 | aggregate total value of no more than $200,000,000 with respect | ||||||
2 | to construction projects described in this paragraph. | ||||||
3 | Until a date 11 years after November 29, 2005 (the | ||||||
4 | effective date of Public Act 94-699), the requirements of this | ||||||
5 | Section do not apply to the Capitol Building HVAC upgrade | ||||||
6 | project if (i) the bid of the successful bidder identifies the | ||||||
7 | name of the subcontractor, if any, and the bid proposal costs | ||||||
8 | for each of the 5 subdivisions of work set forth in this | ||||||
9 | Section, and (ii) the contract entered into with the successful | ||||||
10 | bidder provides that no identified subcontractor may be | ||||||
11 | terminated without the written consent of the Capital | ||||||
12 | Development Board.
| ||||||
13 | (Source: P.A. 97-182, eff. 7-22-11; 98-431, eff. 8-16-13.)
| ||||||
14 | (30 ILCS 500/35-30) | ||||||
15 | Sec. 35-30. Awards. | ||||||
16 | (a) All State contracts for professional and artistic | ||||||
17 | services, except as
provided in this Section, shall be awarded | ||||||
18 | using the
competitive request for proposal process outlined in | ||||||
19 | this Section. | ||||||
20 | (b) For each contract offered, the chief procurement | ||||||
21 | officer, State
purchasing officer, or his or her designee shall | ||||||
22 | use the appropriate standard
solicitation
forms
available from | ||||||
23 | the chief procurement officer for matters other than | ||||||
24 | construction or the higher
education chief procurement | ||||||
25 | officer. |
| |||||||
| |||||||
1 | (c) Prepared forms shall be submitted to the chief | ||||||
2 | procurement officer for matters other than construction or the | ||||||
3 | higher education chief procurement officer,
whichever is | ||||||
4 | appropriate, for
publication in its Illinois Procurement | ||||||
5 | Bulletin and circulation to the chief procurement officer for | ||||||
6 | matters other than construction
or the higher education chief | ||||||
7 | procurement officer's list of
prequalified vendors. Notice of | ||||||
8 | the offer or request for
proposal shall appear at least 14 | ||||||
9 | calendar days before the response to the offer is due. | ||||||
10 | (d) All interested respondents shall return their | ||||||
11 | responses to the chief procurement officer for matters other | ||||||
12 | than construction
or the higher education chief procurement | ||||||
13 | officer,
whichever is appropriate, which shall open
and record | ||||||
14 | them. The chief procurement officer for matters other than | ||||||
15 | construction or higher education chief procurement officer
| ||||||
16 | then shall forward the responses, together
with any
information | ||||||
17 | it has available about the qualifications and other State work
| ||||||
18 | of the respondents. | ||||||
19 | (e) After evaluation, ranking, and selection, the | ||||||
20 | responsible chief
procurement officer, State purchasing | ||||||
21 | officer, or
his or her designee shall notify the chief | ||||||
22 | procurement officer for matters other than construction
or the | ||||||
23 | higher education chief procurement officer, whichever is | ||||||
24 | appropriate,
of the successful respondent and shall forward
a | ||||||
25 | copy of the signed contract for the chief procurement officer | ||||||
26 | for matters other than construction or higher education chief
|
| |||||||
| |||||||
1 | procurement officer's file. The chief procurement officer for | ||||||
2 | matters other than construction or higher education chief
| ||||||
3 | procurement officer shall
publish the names of the
responsible | ||||||
4 | procurement decision-maker,
the agency letting the contract, | ||||||
5 | the
successful respondent, a contract reference, and value of | ||||||
6 | the let contract
in the next appropriate volume of the Illinois | ||||||
7 | Procurement Bulletin. | ||||||
8 | (f) For all professional and artistic contracts with | ||||||
9 | annualized value
that exceeds $25,000, evaluation and ranking | ||||||
10 | by price are required. Any chief
procurement officer or State | ||||||
11 | purchasing officer,
but not their designees, may select a | ||||||
12 | respondent an offeror other than the lowest respondent bidder | ||||||
13 | by
price. In any case, when the contract exceeds the $25,000 | ||||||
14 | threshold and
the lowest respondent bidder is not selected, the | ||||||
15 | chief procurement officer or the State
purchasing officer shall | ||||||
16 | forward together
with the contract notice of who the low | ||||||
17 | respondent by price bidder was and a written decision as
to why | ||||||
18 | another was selected to the chief procurement officer for | ||||||
19 | matters other than construction or
the higher education chief | ||||||
20 | procurement officer, whichever is appropriate.
The chief | ||||||
21 | procurement officer for matters other than construction or | ||||||
22 | higher education chief procurement officer shall publish as
| ||||||
23 | provided in subsection (e) of Section 35-30,
but
shall include | ||||||
24 | notice of the chief procurement officer's or State purchasing
| ||||||
25 | officer's written decision. | ||||||
26 | (g) The chief procurement officer for matters other than |
| |||||||
| |||||||
1 | construction and higher education chief
procurement officer | ||||||
2 | may each refine, but not
contradict, this Section by | ||||||
3 | promulgating rules
for submission to the Procurement Policy | ||||||
4 | Board and then to the Joint Committee
on Administrative Rules. | ||||||
5 | Any
refinement shall be based on the principles and procedures | ||||||
6 | of the federal
Architect-Engineer Selection Law, Public Law | ||||||
7 | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | ||||||
8 | Surveying Qualifications Based Selection
Act; except that | ||||||
9 | pricing shall be an integral part of the selection process. | ||||||
10 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
11 | 96-920, eff. 7-1-10.) | ||||||
12 | (30 ILCS 500/35-40) | ||||||
13 | Sec. 35-40. Subcontractors. | ||||||
14 | (a) Any contract granted under this Article shall state | ||||||
15 | whether the services
of a subcontractor will be used. The | ||||||
16 | contract shall include the names and
addresses of all | ||||||
17 | subcontractors with an annual value of more than $50,000, the | ||||||
18 | general type of work to be performed by these subcontractors, | ||||||
19 | and the expected amount of money each will
receive under the | ||||||
20 | contract. Upon the request of the chief procurement officer | ||||||
21 | appointed pursuant to paragraph (2) of subsection (a) of | ||||||
22 | Section 10-20, the contractor shall provide the chief | ||||||
23 | procurement officer a copy of a subcontract so identified | ||||||
24 | within 15 calendar days after the request is made. A | ||||||
25 | subcontractor, or contractor on behalf of a subcontractor, may |
| |||||||
| |||||||
1 | identify information that is deemed proprietary or | ||||||
2 | confidential. If the chief procurement officer determines the | ||||||
3 | information is not relevant to the primary contract, the chief | ||||||
4 | procurement officer may excuse the inclusion of the | ||||||
5 | information. If the chief procurement officer determines the | ||||||
6 | information is proprietary or could harm the business interest | ||||||
7 | of the subcontractor, the chief procurement officer may, in his | ||||||
8 | or her discretion, redact the information. Redacted | ||||||
9 | information shall not become part of the public record. | ||||||
10 | (b) If at any time during the term of a contract, a | ||||||
11 | contractor adds or
changes any subcontractors, he or she shall | ||||||
12 | promptly notify, in writing, the chief procurement officer for | ||||||
13 | matters other than construction
or the higher education chief
| ||||||
14 | procurement officer, whichever is appropriate, and the
| ||||||
15 | responsible State purchasing officer, or their
designee of the | ||||||
16 | names and addresses and the
expected amount of money each new | ||||||
17 | or replaced subcontractor will receive. Upon request of the | ||||||
18 | chief
procurement officer appointed pursuant to paragraph (2) | ||||||
19 | of subsection (a) of Section 10-20, the
contractor shall | ||||||
20 | provide the chief procurement officer a copy of any new or | ||||||
21 | amended subcontract so
identified within 15 calendar days after | ||||||
22 | the request is made. | ||||||
23 | (c) In addition to any other requirements of this Code, a | ||||||
24 | subcontract subject to this Section must
include all of the | ||||||
25 | subcontractor's certifications required by Article 50 of this | ||||||
26 | Code. |
| |||||||
| |||||||
1 | (d) For purposes of this Section, the changes made by this | ||||||
2 | amendatory Act of the 98th General Assembly apply to | ||||||
3 | procurements solicited on or after the effective date of this
| ||||||
4 | amendatory Act of the 98th General Assembly. | ||||||
5 | (Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
| ||||||
6 | (30 ILCS 500/40-5)
| ||||||
7 | Sec. 40-5. Applicability. All leases for real property
or | ||||||
8 | capital improvements,
including office and storage space, | ||||||
9 | buildings, and other
facilities for State agencies where the | ||||||
10 | State is the lessee , shall be
procured in accordance with the | ||||||
11 | provisions of this Article. All State agencies, with the | ||||||
12 | exception of public institutions of higher education, shall, in | ||||||
13 | consultation with the Department of Central Management | ||||||
14 | Services, evaluate the State's existing lease portfolio prior | ||||||
15 | to engaging in a procurement for real property or capital | ||||||
16 | improvements.
| ||||||
17 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
18 | (30 ILCS 500/40-15)
| ||||||
19 | Sec. 40-15. Method of source selection.
| ||||||
20 | (a) Request for information. Except as provided in
| ||||||
21 | subsections (b) and (c), all State
contracts for leases of real | ||||||
22 | property or capital improvements
shall be awarded by a request | ||||||
23 | for
information process in accordance with Section 40-20.
| ||||||
24 | (b) Other methods. A request for information process need
|
| |||||||
| |||||||
1 | not be used in procuring any
of the following leases:
| ||||||
2 | (1) Property of less than 10,000 square feet with rent | ||||||
3 | of less than $100,000 per year.
| ||||||
4 | (2) (Blank).
| ||||||
5 | (3) Duration of less than one year that cannot be
| ||||||
6 | renewed.
| ||||||
7 | (4) Specialized space available at only one location.
| ||||||
8 | (5) Renewal or extension of a lease;
provided that: (i) | ||||||
9 | the chief procurement officer determines in writing that | ||||||
10 | the
renewal or extension is in the best interest of the | ||||||
11 | State; (ii) the chief
procurement officer submits his or | ||||||
12 | her written determination and the renewal or
extension to | ||||||
13 | the Board; (iii) the Board does not object in writing to | ||||||
14 | the
renewal or extension within 30 calendar days after its | ||||||
15 | submission; and (iv) the chief
procurement officer | ||||||
16 | publishes the renewal or extension in the appropriate
| ||||||
17 | volume of the Procurement Bulletin.
| ||||||
18 | (c) Leases with governmental units. Leases with other
| ||||||
19 | governmental units may be
negotiated without using the request | ||||||
20 | for information process when
deemed by the chief procurement | ||||||
21 | officer to be
in the best interest of the State.
| ||||||
22 | (Source: P.A. 95-647, eff. 10-11-07; 96-920, eff. 7-1-10.)
| ||||||
23 | (30 ILCS 500/40-20)
| ||||||
24 | Sec. 40-20. Request for information.
| ||||||
25 | (a) Conditions for use. Leases shall be procured by request
|
| |||||||
| |||||||
1 | for information except as
otherwise provided in Section 40-15.
| ||||||
2 | (b) Form. A request for information shall be issued and
| ||||||
3 | shall include:
| ||||||
4 | (1) the type of property to be leased;
| ||||||
5 | (2) the proposed uses of the property;
| ||||||
6 | (3) the duration of the lease;
| ||||||
7 | (4) the preferred location of the property; and
| ||||||
8 | (5) a general description of the configuration | ||||||
9 | desired.
| ||||||
10 | (c) Public notice. Public notice of the request for
| ||||||
11 | information for the availability of real
property to lease | ||||||
12 | shall be published in the appropriate volume of the Illinois
| ||||||
13 | Procurement Bulletin at least 14 calendar days before
the date | ||||||
14 | set forth in the request for receipt of responses and
shall | ||||||
15 | also be published in similar
manner in a newspaper of general | ||||||
16 | circulation in the community or
communities where the using
| ||||||
17 | agency is seeking space.
| ||||||
18 | (d) Response. The request for information response shall
| ||||||
19 | consist of written information
sufficient to show that the | ||||||
20 | respondent can meet minimum criteria
set forth in the request. | ||||||
21 | State
purchasing officers may enter into discussions with | ||||||
22 | respondents
for the purpose of clarifying
State needs and the | ||||||
23 | information supplied by the respondents. On
the basis of the | ||||||
24 | information
supplied and discussions, if any, a State | ||||||
25 | purchasing officer shall
make a written determination
| ||||||
26 | identifying the responses that meet the minimum criteria set |
| |||||||
| |||||||
1 | forth
in the request for information.
Negotiations shall be | ||||||
2 | entered into with all qualified respondents
for the purpose of | ||||||
3 | securing a
lease that is in the best interest of the State. A | ||||||
4 | written report
of the negotiations shall be
retained in the | ||||||
5 | lease files and shall include the reasons for the
final | ||||||
6 | selection. All leases shall
be reduced to writing; one copy | ||||||
7 | shall be filed with the Comptroller in accordance with the | ||||||
8 | provisions
of Section 20-80, and one copy shall be filed with | ||||||
9 | the Board.
| ||||||
10 | When the lowest response by price is not selected, the | ||||||
11 | State purchasing
officer shall forward to the chief procurement | ||||||
12 | officer, along with the lease,
notice of the identity of the | ||||||
13 | lowest respondent by price and written reasons
for the | ||||||
14 | selection of a different response. The chief procurement | ||||||
15 | officer shall
publish the written reasons in the next volume of | ||||||
16 | the Illinois Procurement
Bulletin. | ||||||
17 | (e) Board review. Upon receipt of (1) any proposed lease of | ||||||
18 | real property of 10,000 or more square feet or (2) any proposed | ||||||
19 | lease of real property with annual rent payments of $100,000 or | ||||||
20 | more, the Procurement Policy Board shall have 30 calendar days | ||||||
21 | to review the proposed lease. If the Board does not object in | ||||||
22 | writing within 30 calendar days, then the proposed lease shall | ||||||
23 | become effective according to its terms as submitted. The | ||||||
24 | leasing agency shall make any and all materials available to | ||||||
25 | the Board to assist in the review process.
| ||||||
26 | (Source: P.A. 96-1521, eff. 2-14-11.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/40-25)
| ||||||
2 | Sec. 40-25. Length of leases.
| ||||||
3 | (a) Maximum term. Leases shall be for a term not to exceed
| ||||||
4 | 10 years inclusive, beginning January, 1, 2010, of proposed | ||||||
5 | contract renewals and shall include
a termination option in | ||||||
6 | favor of the State after 5 years.
| ||||||
7 | (b) Renewal. Leases may include a renewal option. An
option | ||||||
8 | to renew may be
exercised only when a State purchasing officer | ||||||
9 | determines in
writing that renewal is in the best
interest of | ||||||
10 | the State and notice of the exercise of the option is published | ||||||
11 | in
the appropriate volume of the Procurement Bulletin at least | ||||||
12 | 60 calendar days prior to
the exercise of the option.
| ||||||
13 | (c) Subject to appropriation. All leases shall recite that
| ||||||
14 | they are subject to termination
and cancellation in any year | ||||||
15 | for which the General Assembly fails
to make an appropriation | ||||||
16 | to
make payments under the terms of the lease.
| ||||||
17 | (d) Holdover. Beginning January 1, 2010, no lease may | ||||||
18 | continue on a month-to-month or other holdover basis for a | ||||||
19 | total of more than 6 months. Beginning July 1, 2010, the | ||||||
20 | Comptroller shall withhold payment of leases beyond this | ||||||
21 | holdover period. | ||||||
22 | (Source: P.A. 96-15, eff. 6-22-09; 96-795, eff. 7-1-10 (see | ||||||
23 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
24 | by P.A. 96-795).)
|
| |||||||
| |||||||
1 | (30 ILCS 500/40-55)
| ||||||
2 | Sec. 40-55. Lessor's failure to make improvements. Each | ||||||
3 | lease must provide for actual or
liquidated damages a penalty | ||||||
4 | upon the lessor's failure to make improvements agreed upon in | ||||||
5 | the lease. The actual or liquidated damages penalty shall | ||||||
6 | consist of a reduction in lease payments equal to the | ||||||
7 | corresponding percentage of the improvement value to the lease | ||||||
8 | value. The actual or
liquidated damages penalty shall continue | ||||||
9 | until the lessor complies with the lease and the improvements | ||||||
10 | are certified by the chief procurement officer and the leasing | ||||||
11 | State agency.
| ||||||
12 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
13 | (30 ILCS 500/45-10)
| ||||||
14 | Sec. 45-10. Resident bidders and offerors .
| ||||||
15 | (a) Amount of preference. When a contract is to be awarded
| ||||||
16 | to the lowest responsible
bidder or offeror , a resident bidder | ||||||
17 | or offeror shall be allowed a preference as against
a | ||||||
18 | non-resident bidder or offeror from any
state that gives or | ||||||
19 | requires a preference to bidders or offerors from that
state. | ||||||
20 | The preference shall be equal
to the preference given or | ||||||
21 | required by the state of the
non-resident bidder or offeror . | ||||||
22 | Further, if only non-resident bidders or offerors are
bidding, | ||||||
23 | the purchasing agency is within its right to specify that
| ||||||
24 | Illinois
labor and manufacturing locations be used as a part of | ||||||
25 | the
manufacturing process, if applicable.
This specification |
| |||||||
| |||||||
1 | may be negotiated as part of the solicitation
process.
| ||||||
2 | (b) Residency. A resident bidder or offeror is a person | ||||||
3 | authorized to
transact business in this State
and having a bona | ||||||
4 | fide establishment for transacting business
within this State | ||||||
5 | where it was
actually transacting business on the date when any | ||||||
6 | bid for a
public contract is first advertised
or announced. A | ||||||
7 | resident bidder or offeror includes a foreign corporation
duly | ||||||
8 | authorized to transact
business in this State that has a bona | ||||||
9 | fide establishment for
transacting business within this State
| ||||||
10 | where it was actually transacting business on the date when any
| ||||||
11 | bid for a public contract is first
advertised or announced.
| ||||||
12 | (c) Federal funds. This Section does not apply to any
| ||||||
13 | contract for any project as to
which federal funds are | ||||||
14 | available for expenditure when its
provisions may be in | ||||||
15 | conflict with
federal law or federal regulation.
| ||||||
16 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
17 | (30 ILCS 500/45-20)
| ||||||
18 | Sec. 45-20. Recycled supplies. When a public contract
is to | ||||||
19 | be awarded to the
lowest responsible bidder or offeror , an | ||||||
20 | otherwise qualified bidder or offeror who will
fulfill the | ||||||
21 | contract through the
use of products made of recycled supplies | ||||||
22 | may
be given preference over other bidders or offerors unable | ||||||
23 | to do so, provided
that the cost included in the
bid of | ||||||
24 | supplies made of recycled materials does not constitute an | ||||||
25 | undue economic or practical hardship.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-197, eff. 1-1-10.)
| ||||||
2 | (30 ILCS 500/45-30)
| ||||||
3 | Sec. 45-30. Illinois Correctional industries. | ||||||
4 | Notwithstanding anything to the
contrary in other law, the | ||||||
5 | chief procurement officer appointed pursuant to paragraph (4) | ||||||
6 | of subsection (a) of Section 10-20 of the Department of Central | ||||||
7 | Management Services shall, in consultation
with Illinois | ||||||
8 | Correctional Industries, a division of the Illinois Department | ||||||
9 | of Corrections (referred to as the "Illinois Correctional | ||||||
10 | Industries" or "ICI") determine for all State agencies which | ||||||
11 | articles, materials,
industry related services, food stuffs, | ||||||
12 | and finished goods that are produced or
manufactured by persons | ||||||
13 | confined in institutions and facilities of the Department of | ||||||
14 | Corrections who are participating in Illinois Correctional | ||||||
15 | Industries programs shall be purchased from Illinois | ||||||
16 | Correctional Industries.
The chief procurement officer | ||||||
17 | appointed pursuant to paragraph (4) of subsection (a) of | ||||||
18 | Section 10-20 of Central Management Services shall develop and | ||||||
19 | distribute to the various
purchasing and using agencies a | ||||||
20 | listing of all Illinois Correctional Industries products and | ||||||
21 | procedures for implementing this Section.
| ||||||
22 | (Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
| ||||||
23 | (30 ILCS 500/45-35)
| ||||||
24 | Sec. 45-35. Facilities for persons with severe |
| |||||||
| |||||||
1 | disabilities. | ||||||
2 | (a) Qualification. Supplies and services may be procured
| ||||||
3 | without advertising or calling
for bids from any qualified | ||||||
4 | not-for-profit agency for persons with severe disabilities | ||||||
5 | that:
| ||||||
6 | (1) complies with Illinois laws governing private
| ||||||
7 | not-for-profit organizations;
| ||||||
8 | (2) is certified as a sheltered workshop by the Wage
| ||||||
9 | and Hour Division of the
United States Department of Labor | ||||||
10 | or is an accredited vocational program that provides | ||||||
11 | transition services to youth between the ages of 14 1/2 and | ||||||
12 | 22 in accordance with individualized education plans under | ||||||
13 | Section 14-8.03 of the School Code and that provides | ||||||
14 | residential services at a child care institution, as | ||||||
15 | defined under Section 2.06 of the Child Care Act of 1969, | ||||||
16 | or at a group home, as defined under Section 2.16 of the | ||||||
17 | Child Care Act of 1969; and
| ||||||
18 | (3) meets the applicable Illinois Department of Human
| ||||||
19 | Services just standards.
| ||||||
20 | (b) Participation. To participate, the not-for-profit
| ||||||
21 | agency must have indicated an
interest in providing the | ||||||
22 | supplies and services, must meet the
specifications and needs | ||||||
23 | of the
using agency, and must set a fair market price.
| ||||||
24 | (c) Committee. There is created within the Department of
| ||||||
25 | Central Management
Services a committee to facilitate the | ||||||
26 | purchase of products and
services of persons so severely
|
| |||||||
| |||||||
1 | disabled by a physical, developmental, or mental disability or | ||||||
2 | a combination of any of those disabilities that they cannot
| ||||||
3 | engage in normal competitive
employment. This committee is | ||||||
4 | called the State Use Committee. The committee shall consist of | ||||||
5 | the Director of the
Department of Central
Management Services | ||||||
6 | or his or her designee, the Director of the Department
of Human | ||||||
7 | Services or his or her designee, one public member representing | ||||||
8 | private business who is knowledgeable of the employment needs | ||||||
9 | and concerns of persons with developmental disabilities, one | ||||||
10 | public member representing private business who is | ||||||
11 | knowledgeable of the needs and concerns of rehabilitation | ||||||
12 | facilities, one public member who is knowledgeable of the | ||||||
13 | employment needs and concerns of persons with developmental | ||||||
14 | disabilities, one public member who is knowledgeable of the | ||||||
15 | needs and concerns of rehabilitation facilities, and 2 public | ||||||
16 | members from a statewide association that represents | ||||||
17 | community-based rehabilitation facilities, all appointed by | ||||||
18 | the
Governor. The public
members shall serve 2 year terms, | ||||||
19 | commencing upon appointment and
every 2 years thereafter.
A | ||||||
20 | public member may be reappointed, and vacancies shall be filled | ||||||
21 | by
appointment for the
completion of the term. In the event | ||||||
22 | there is a vacancy on the Committee, the Governor must make an | ||||||
23 | appointment to fill that vacancy within 30 calendar days after | ||||||
24 | the notice of vacancy. The members shall serve without
| ||||||
25 | compensation but shall be reimbursed
for expenses at a rate | ||||||
26 | equal to that of State employees on a per
diem basis by the |
| |||||||
| |||||||
1 | Department
of Central Management Services. All members shall be | ||||||
2 | entitled to
vote on issues before the
committee.
| ||||||
3 | The committee shall have the following powers and duties:
| ||||||
4 | (1) To request from any State agency information as to
| ||||||
5 | product specification
and service requirements in order to | ||||||
6 | carry out its purpose.
| ||||||
7 | (2) To meet quarterly or more often as necessary to
| ||||||
8 | carry out its purposes.
| ||||||
9 | (3) To request a quarterly report from each
| ||||||
10 | participating qualified not-for-profit agency for persons | ||||||
11 | with severe disabilities describing the volume of sales for | ||||||
12 | each product or
service sold under this Section.
| ||||||
13 | (4) To prepare a report for the Governor and General | ||||||
14 | Assembly no later than December 31 of each year annually . | ||||||
15 | The requirement for reporting to the General Assembly shall | ||||||
16 | be satisfied by following the procedures set forth in | ||||||
17 | Section 3.1 of the General Assembly Organization Act.
| ||||||
18 | (5) To prepare a publication that lists all supplies
| ||||||
19 | and services currently
available from any qualified | ||||||
20 | not-for-profit agency for persons with severe | ||||||
21 | disabilities. This list and
any revisions shall be | ||||||
22 | distributed to all purchasing agencies.
| ||||||
23 | (6) To encourage diversity in supplies and services
| ||||||
24 | provided by qualified not-for-profit agencies for persons | ||||||
25 | with severe disabilities and discourage unnecessary | ||||||
26 | duplication or
competition among facilities.
|
| |||||||
| |||||||
1 | (7) To develop guidelines to be followed by qualifying
| ||||||
2 | agencies for
participation under the provisions of this | ||||||
3 | Section. The
guidelines shall be developed within
6 months | ||||||
4 | after the effective date of this Code and made available
on | ||||||
5 | a nondiscriminatory basis
to all qualifying agencies.
| ||||||
6 | (8) To review all bids submitted under the provisions
| ||||||
7 | of this Section and reject
any bid for any purchase that is | ||||||
8 | determined to be substantially
more than the purchase would
| ||||||
9 | have cost had it been competitively bid.
| ||||||
10 | (9) To develop a 5-year plan for increasing the number | ||||||
11 | of products and services purchased from qualified | ||||||
12 | not-for-profit agencies for persons with severe | ||||||
13 | disabilities, including the feasibility of developing | ||||||
14 | mandatory set-aside contracts. This 5-year plan must be | ||||||
15 | developed no later than 180 calendar days after the | ||||||
16 | effective date of this amendatory Act of the 96th General | ||||||
17 | Assembly. | ||||||
18 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
19 | shall, in consultation with the State Use Committee, determine | ||||||
20 | which articles, materials, services, food stuffs, and supplies | ||||||
21 | that are produced, manufactured, or provided by persons with | ||||||
22 | severe disabilities in qualified not-for-profit agencies shall | ||||||
23 | be given preference by purchasing agencies procuring those | ||||||
24 | items. | ||||||
25 | (d) Former committee. The committee created under
| ||||||
26 | subsection (c) shall replace the
committee created under |
| |||||||
| |||||||
1 | Section 7-2 of the Illinois Purchasing Act,
which shall
| ||||||
2 | continue to operate until the appointments under subsection (c)
| ||||||
3 | are made.
| ||||||
4 | (Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
| ||||||
5 | (30 ILCS 500/45-45)
| ||||||
6 | Sec. 45-45. Small businesses.
| ||||||
7 | (a) Set-asides. Each The chief procurement officer has | ||||||
8 | authority to designate as
small business set-asides a fair
| ||||||
9 | proportion of construction, supply, and service contracts for | ||||||
10 | award
to small businesses in Illinois.
Advertisements for bids | ||||||
11 | or offers for those contracts shall
specify designation as | ||||||
12 | small business
set-asides. In awarding the contracts, only bids | ||||||
13 | or offers from
qualified small businesses shall
be considered.
| ||||||
14 | (b) Small business. "Small business" means a business that
| ||||||
15 | is independently owned and
operated and that is not dominant in | ||||||
16 | its field of operation. The
chief procurement officer shall | ||||||
17 | establish a detailed
definition by rule, using in addition to | ||||||
18 | the foregoing criteria
other criteria, including the number
of | ||||||
19 | employees and the dollar volume of business. When computing
the | ||||||
20 | size status of a potential contractor bidder ,
annual sales and | ||||||
21 | receipts of the potential contractor bidder and all of its | ||||||
22 | affiliates
shall be included. The maximum
number of employees | ||||||
23 | and the maximum dollar volume that a small
business may have | ||||||
24 | under
the rules promulgated by the chief procurement officer | ||||||
25 | may vary from industry
to
industry to the extent necessary
to |
| |||||||
| |||||||
1 | reflect differing characteristics of those industries, subject
| ||||||
2 | to the following limitations:
| ||||||
3 | (1) No wholesale business is a small business if its
| ||||||
4 | annual sales for its most
recently completed fiscal year | ||||||
5 | exceed $13,000,000 $10,000,000 .
| ||||||
6 | (2) No retail business or business selling services is
| ||||||
7 | a small business if its
annual sales and receipts exceed | ||||||
8 | $8,000,000 $6,000,000 .
| ||||||
9 | (3) No manufacturing business is a small business if it
| ||||||
10 | employs more than 250
persons.
| ||||||
11 | (4) No construction business is a small business if its
| ||||||
12 | annual sales and receipts
exceed $14,000,000 $10,000,000 .
| ||||||
13 | (c) Fair proportion. For the purpose of subsection (a), for | ||||||
14 | State agencies
of the executive branch, a
fair proportion of | ||||||
15 | construction
contracts shall be no less than 25% nor more than | ||||||
16 | 40% of the
annual total contracts for
construction.
| ||||||
17 | (d) Withdrawal of designation. A small business set-aside
| ||||||
18 | designation may be withdrawn
by the purchasing agency when | ||||||
19 | deemed in the best interests of the
State. Upon withdrawal, all
| ||||||
20 | bids or offers shall be rejected, and the bidders or offerors
| ||||||
21 | shall be notified of the reason for
rejection. The contract | ||||||
22 | shall then be awarded in accordance with
this Code without the
| ||||||
23 | designation of small business set-aside.
| ||||||
24 | (e) Small business specialist. The chief procurement | ||||||
25 | officer shall
designate a
State purchasing officer
who will be | ||||||
26 | responsible for engaging an experienced contract
negotiator to |
| |||||||
| |||||||
1 | serve as its small
business specialist, whose duties shall | ||||||
2 | include:
| ||||||
3 | (1) Compiling and maintaining a comprehensive bidders
| ||||||
4 | list of potential small contractors
businesses . In this | ||||||
5 | duty, he or she shall cooperate with the
Federal Small | ||||||
6 | Business
Administration in locating potential sources for | ||||||
7 | various products
and services.
| ||||||
8 | (2) Assisting small businesses in complying with the
| ||||||
9 | procedures for bidding
on State contracts.
| ||||||
10 | (3) Examining requests from State agencies for the
| ||||||
11 | purchase of property or
services to help determine which | ||||||
12 | invitations to bid are to be
designated small business | ||||||
13 | set-asides.
| ||||||
14 | (4) Making recommendations to the chief procurement | ||||||
15 | officer for the
simplification of
specifications and terms | ||||||
16 | in order to increase the opportunities
for small business | ||||||
17 | participation.
| ||||||
18 | (5) Assisting in investigations by purchasing agencies
| ||||||
19 | to determine the
responsibility of bidders or offerors on | ||||||
20 | small business set-asides.
| ||||||
21 | (f) Small business annual report. The State purchasing
| ||||||
22 | officer designated under
subsection (e) shall annually before | ||||||
23 | December 1 report in writing
to the General Assembly
concerning | ||||||
24 | the awarding of contracts to small businesses. The
report shall | ||||||
25 | include the total
value of awards made in the preceding fiscal | ||||||
26 | year under the
designation of small business set-aside.
The |
| |||||||
| |||||||
1 | report shall also include the total value of awards made to
| ||||||
2 | businesses owned by minorities, females, and persons with | ||||||
3 | disabilities, as
defined in the Business Enterprise for | ||||||
4 | Minorities, Females, and Persons with
Disabilities Act, in the | ||||||
5 | preceding fiscal year under the designation of small
business | ||||||
6 | set-aside.
| ||||||
7 | The requirement for reporting to the General Assembly shall
| ||||||
8 | be satisfied by filing copies
of the report as required by | ||||||
9 | Section 3.1 of the General Assembly
Organization Act.
| ||||||
10 | (Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
| ||||||
11 | (30 ILCS 500/45-57) | ||||||
12 | Sec. 45-57. Veterans. | ||||||
13 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
14 | and encourage the continued economic development of small | ||||||
15 | businesses owned and controlled by qualified veterans and that | ||||||
16 | qualified service-disabled veteran-owned small businesses | ||||||
17 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
18 | (referred to as VOSB) participate in the State's procurement | ||||||
19 | process as both prime contractors and subcontractors. Not less | ||||||
20 | than 3% of the total dollar amount of State contracts, as | ||||||
21 | defined by the Director of Central Management Services, shall | ||||||
22 | be established as a goal to be awarded to SDVOSB and VOSB. That
| ||||||
23 | portion of a contract under which the contractor subcontracts
| ||||||
24 | with a SDVOSB or VOSB may be counted toward the
goal of this | ||||||
25 | subsection. The Department of Central Management Services |
| |||||||
| |||||||
1 | shall adopt rules to implement compliance with this subsection | ||||||
2 | by all State agencies. | ||||||
3 | (b) Fiscal year reports. By each September 1, each chief | ||||||
4 | procurement officer shall report to the Department of Central | ||||||
5 | Management Services on all of the following for the immediately | ||||||
6 | preceding fiscal year, and by each March 1 the Department of | ||||||
7 | Central Management Services shall compile and report that | ||||||
8 | information to the General Assembly: | ||||||
9 | (1) The total number of VOSB, and the number of SDVOSB, | ||||||
10 | who submitted bids for contracts under this Code. | ||||||
11 | (2) The total number of VOSB, and the number of SDVOSB, | ||||||
12 | who entered into contracts with the State under this Code | ||||||
13 | and the total value of those contracts. | ||||||
14 | (c) Yearly review and recommendations. Each year, each | ||||||
15 | chief procurement officer shall review the progress of all | ||||||
16 | State agencies under its jurisdiction in meeting the goal | ||||||
17 | described in subsection (a), with input from statewide | ||||||
18 | veterans' service organizations and from the business | ||||||
19 | community, including businesses owned by qualified veterans, | ||||||
20 | and shall make recommendations to be included in the Department | ||||||
21 | of Central Management Services' report to the General Assembly | ||||||
22 | regarding continuation, increases, or decreases of the | ||||||
23 | percentage goal. The recommendations shall be based upon the | ||||||
24 | number of businesses that are owned by qualified veterans and | ||||||
25 | on the continued need to encourage and promote businesses owned | ||||||
26 | by qualified veterans. |
| |||||||
| |||||||
1 | (d) Governor's recommendations. To assist the State in | ||||||
2 | reaching the goal described in subsection (a), the Governor | ||||||
3 | shall recommend to the General Assembly changes in programs to | ||||||
4 | assist businesses owned by qualified veterans. | ||||||
5 | (e) Definitions. As used in this Section: | ||||||
6 | "Armed forces of the United States" means the United States | ||||||
7 | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||||||
8 | active duty as defined under 38 U.S.C. Section 101. Service in | ||||||
9 | the Merchant Marine that constitutes active duty under Section | ||||||
10 | 401 of federal Public Act 95-202 shall also be considered | ||||||
11 | service in the armed forces for purposes of this Section. | ||||||
12 | "Certification" means a determination made by the Illinois | ||||||
13 | Department of Veterans' Affairs and the Department of Central | ||||||
14 | Management Services that a business entity is a qualified | ||||||
15 | service-disabled veteran-owned small business or a qualified | ||||||
16 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
17 | VOSB owned and controlled by females, minorities, or persons | ||||||
18 | with disabilities, as those terms are defined in Section 2 of | ||||||
19 | the Business Enterprise for Minorities, Females, and Persons | ||||||
20 | with Disabilities Act, may also select and designate whether | ||||||
21 | that business is to be certified as a "female-owned business", | ||||||
22 | "minority-owned business", or "business owned by a person with | ||||||
23 | a disability", as defined in Section 2 of the Business | ||||||
24 | Enterprise for Minorities, Females, and Persons with | ||||||
25 | Disabilities Act. | ||||||
26 | "Control" means the exclusive, ultimate, majority, or sole |
| |||||||
| |||||||
1 | control of the business, including but not limited to capital | ||||||
2 | investment and all other financial matters, property, | ||||||
3 | acquisitions, contract negotiations, legal matters, | ||||||
4 | officer-director-employee selection and comprehensive hiring, | ||||||
5 | operation responsibilities, cost-control matters, income and | ||||||
6 | dividend matters, financial transactions, and rights of other | ||||||
7 | shareholders or joint partners. Control shall be real, | ||||||
8 | substantial, and continuing, not pro forma. Control shall | ||||||
9 | include the power to direct or cause the direction of the | ||||||
10 | management and policies of the business and to make the | ||||||
11 | day-to-day as well as major decisions in matters of policy, | ||||||
12 | management, and operations. Control shall be exemplified by | ||||||
13 | possessing the requisite knowledge and expertise to run the | ||||||
14 | particular business, and control shall not include simple | ||||||
15 | majority or absentee ownership. | ||||||
16 | "Qualified service-disabled veteran" means a
veteran who | ||||||
17 | has been found to have 10% or more service-connected disability | ||||||
18 | by the United States Department of Veterans Affairs or the | ||||||
19 | United States Department of Defense. | ||||||
20 | "Qualified service-disabled veteran-owned small business" | ||||||
21 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
22 | owned by one or more qualified service-disabled veterans living | ||||||
23 | in Illinois or, in the case of a corporation, at least 51% of | ||||||
24 | the stock of which is owned by one or more qualified | ||||||
25 | service-disabled veterans living in Illinois; (ii) that has its | ||||||
26 | home office in Illinois; and (iii) for which items (i) and (ii) |
| |||||||
| |||||||
1 | are factually verified annually by the Department of Central | ||||||
2 | Management Services. | ||||||
3 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
4 | small business (i) that is at least 51% owned by one or more | ||||||
5 | qualified veterans living in Illinois or, in the case of a | ||||||
6 | corporation, at least 51% of the stock of which is owned by one | ||||||
7 | or more qualified veterans living in Illinois; (ii) that has | ||||||
8 | its home office in Illinois; and (iii) for which items (i) and | ||||||
9 | (ii) are factually verified annually by the Department of | ||||||
10 | Central Management Services. | ||||||
11 | "Service-connected disability" means a disability incurred | ||||||
12 | in the line of duty in the active military, naval, or air | ||||||
13 | service as described in 38 U.S.C. 101(16). | ||||||
14 | "Small business" means a business that has annual gross | ||||||
15 | sales of less than $75,000,000 as evidenced by the federal | ||||||
16 | income tax return of the business. A firm with gross sales in | ||||||
17 | excess of this cap may apply to the Department of Central | ||||||
18 | Management Services for certification for a particular | ||||||
19 | contract if the firm can demonstrate that the contract would | ||||||
20 | have significant impact on SDVOSB or VOSB as suppliers or | ||||||
21 | subcontractors or in employment of veterans or | ||||||
22 | service-disabled veterans. | ||||||
23 | "State agency" has the same meaning as in Section 2 of the | ||||||
24 | Business Enterprise for Minorities, Females, and Persons with | ||||||
25 | Disabilities Act. | ||||||
26 | "Time of hostilities with a foreign country" means any |
| |||||||
| |||||||
1 | period of time in the past, present, or future during which a | ||||||
2 | declaration of war by the United States Congress has been or is | ||||||
3 | in effect or during which an emergency condition has been or is | ||||||
4 | in effect that is recognized by the issuance of a Presidential | ||||||
5 | proclamation or a Presidential executive order and in which the | ||||||
6 | armed forces expeditionary medal or other campaign service | ||||||
7 | medals are awarded according to Presidential executive order. | ||||||
8 | "Veteran" means a person who (i) has been a member of the | ||||||
9 | armed forces of the United States or, while a citizen of the | ||||||
10 | United States, was a member of the armed forces of allies of | ||||||
11 | the United States in time of hostilities with a foreign country | ||||||
12 | and (ii) has served under one or more of the following | ||||||
13 | conditions: (a) the veteran served a total of at least 6 | ||||||
14 | months; (b) the veteran served for the duration of hostilities | ||||||
15 | regardless of the length of the engagement; (c) the veteran was | ||||||
16 | discharged on the basis of hardship; or (d) the veteran was | ||||||
17 | released from active duty because of a service connected | ||||||
18 | disability and was discharged under honorable conditions. | ||||||
19 | (f) Certification program. The Illinois Department of | ||||||
20 | Veterans' Affairs and the Department of Central Management | ||||||
21 | Services shall work together to devise a certification | ||||||
22 | procedure to assure that businesses taking advantage of this | ||||||
23 | Section are legitimately classified as qualified | ||||||
24 | service-disabled veteran-owned small businesses or qualified | ||||||
25 | veteran-owned small businesses.
| ||||||
26 | (g) Penalties. |
| |||||||
| |||||||
1 | (1) Administrative penalties. The chief procurement | ||||||
2 | officers appointed pursuant to Section 10-20 Department of | ||||||
3 | Central Management Services shall suspend any person who | ||||||
4 | commits a violation of Section 17-10.3 or subsection (d) of | ||||||
5 | Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012 relating to this Section from bidding on, or | ||||||
7 | participating as a contractor, subcontractor, or supplier | ||||||
8 | in, any State contract or project for a period of not less | ||||||
9 | than 3 years, and, if the person is certified as a | ||||||
10 | service-disabled veteran-owned small business or a | ||||||
11 | veteran-owned small business, then the Department shall | ||||||
12 | revoke the business's certification for a period of not | ||||||
13 | less than 3 years. An additional or subsequent violation | ||||||
14 | shall extend the periods of suspension and revocation for a | ||||||
15 | period of not less than 5 years. The suspension and | ||||||
16 | revocation shall apply to the principals of the business | ||||||
17 | and any subsequent business formed or financed by, or | ||||||
18 | affiliated with, those principals. | ||||||
19 | (2) Reports of violations. Each State agency shall | ||||||
20 | report any alleged violation of Section 17-10.3 or | ||||||
21 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
23 | to the chief procurement officers appointed pursuant to | ||||||
24 | Section 10-20 Department of Central Management Services . | ||||||
25 | The chief procurement officers appointed pursuant to | ||||||
26 | Section 10-20 Department of Central Management Services |
| |||||||
| |||||||
1 | shall subsequently report all such alleged violations to | ||||||
2 | the Attorney General, who shall determine whether to bring | ||||||
3 | a civil action against any person for the violation. | ||||||
4 | (3) List of suspended persons. The chief procurement | ||||||
5 | officers appointed pursuant to Section 10-20 Department of | ||||||
6 | Central Management Services shall monitor the status of all | ||||||
7 | reported violations of Section 17-10.3 or subsection (d) of | ||||||
8 | Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012 relating to this Section and shall maintain | ||||||
10 | and make available to all State agencies a central listing | ||||||
11 | of all persons that committed violations resulting in | ||||||
12 | suspension. | ||||||
13 | (4) Use of suspended persons. During the period of a | ||||||
14 | person's suspension under paragraph (1) of this | ||||||
15 | subsection, a State agency shall not enter into any | ||||||
16 | contract with that person or with any contractor using the | ||||||
17 | services of that person as a subcontractor. | ||||||
18 | (5) Duty to check list. Each State agency shall check | ||||||
19 | the central listing provided by the chief procurement | ||||||
20 | officers appointed pursuant to Section 10-20 Department of | ||||||
21 | Central Management Services under paragraph (3) of this | ||||||
22 | subsection to verify that a person being awarded a contract | ||||||
23 | by that State agency, or to be used as a subcontractor or | ||||||
24 | supplier on a contract being awarded by that State agency, | ||||||
25 | is not under suspension pursuant to paragraph (1) of this | ||||||
26 | subsection. |
| |||||||
| |||||||
1 | (Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13; | ||||||
2 | 98-307, eff. 8-12-13.) | ||||||
3 | (30 ILCS 500/45-67)
| ||||||
4 | Sec. 45-67. Encouragement to hire qualified veterans. A | ||||||
5 | chief procurement officer may, as part of any solicitation, | ||||||
6 | encourage potential contractors prospective vendors to | ||||||
7 | consider hiring qualified veterans and to notify them of any | ||||||
8 | available financial incentives or other advantages associated | ||||||
9 | with hiring such persons. In establishing internal guidelines | ||||||
10 | in furtherance of this Section, the Department of Central | ||||||
11 | Management Services may work with an interagency advisory | ||||||
12 | committee consisting of representatives from the Department of | ||||||
13 | Veterans Affairs, the Department of Employment Security, the | ||||||
14 | Department of Commerce and Economic Opportunity, and the | ||||||
15 | Department of Revenue and consisting of 8 members of the | ||||||
16 | General Assembly, 2 of whom are appointed by the Speaker of the | ||||||
17 | House of Representatives, 2 of whom are appointed by the | ||||||
18 | President of the Senate, 2 of whom are appointed by the | ||||||
19 | Minority Leader of the House of Representatives, and 2 of whom | ||||||
20 | are appointed by the Minority Leader of the Senate. | ||||||
21 | For the purposes of this Section, "qualified veteran" means | ||||||
22 | an Illinois resident who: (i) was a member of the Armed Forces | ||||||
23 | of the United States, a member of the Illinois National Guard, | ||||||
24 | or a member of any reserve component of the Armed Forces of the | ||||||
25 | United States; (ii) served on active duty in connection with |
| |||||||
| |||||||
1 | Operation Desert Storm, Operation Enduring Freedom, or | ||||||
2 | Operation Iraqi Freedom; and (iii) was honorably discharged.
| ||||||
3 | The Department of Central Management Services must report | ||||||
4 | to the Governor and to the General Assembly by December 31 of | ||||||
5 | each year on the activities undertaken by chief procurement | ||||||
6 | officers and the Department of Central Management Services to | ||||||
7 | encourage potential contractors prospective vendors to | ||||||
8 | consider hiring qualified veterans. The report must include the | ||||||
9 | number of vendors who have hired qualified veterans.
| ||||||
10 | (Source: P.A. 94-1067, eff. 8-1-06.) | ||||||
11 | (30 ILCS 500/45-70) | ||||||
12 | Sec. 45-70. Encouragement to hire ex-offenders. A chief | ||||||
13 | procurement officer may, as part of any solicitation, encourage | ||||||
14 | potential contractors prospective vendors to consider hiring | ||||||
15 | Illinois residents discharged from any Illinois adult | ||||||
16 | correctional center, in appropriate circumstances, and to | ||||||
17 | notify them of any available financial incentives or other | ||||||
18 | advantages associated with hiring such persons. In | ||||||
19 | establishing internal guidelines in furtherance of this | ||||||
20 | Section, the Department of Central Management Services may work | ||||||
21 | with an interagency advisory committee consisting of | ||||||
22 | representatives from the Department of Corrections, the | ||||||
23 | Department of Employment Security, the Department of Juvenile | ||||||
24 | Justice, the Department of Commerce and Economic Opportunity, | ||||||
25 | and the Department of Revenue and consisting of 8 members of |
| |||||||
| |||||||
1 | the General Assembly, 2 of whom are appointed by the Speaker of | ||||||
2 | the House of Representatives, 2 of whom are appointed by the | ||||||
3 | President of the Senate, 2 of whom are appointed by the | ||||||
4 | Minority Leader of the House of Representatives, and 2 of whom | ||||||
5 | are appointed by the Minority Leader of the Senate. | ||||||
6 | The Department of Central Management Services must report | ||||||
7 | to the Governor and to the General Assembly by December 31 of | ||||||
8 | each year on the activities undertaken by chief procurement | ||||||
9 | officers and the Department of Central Management Services to | ||||||
10 | encourage potential contractors prospective vendors to | ||||||
11 | consider hiring Illinois residents who have been discharged | ||||||
12 | from an Illinois adult correctional center. The report must | ||||||
13 | include the number of vendors who have hired Illinois residents | ||||||
14 | who have been discharged from any Illinois adult correctional | ||||||
15 | center.
| ||||||
16 | (Source: P.A. 94-1067, eff. 8-1-06.)
| ||||||
17 | (30 ILCS 500/50-5)
| ||||||
18 | Sec. 50-5. Bribery.
| ||||||
19 | (a) Prohibition. No person or business shall be awarded a
| ||||||
20 | contract or subcontract under
this Code who:
| ||||||
21 | (1) has been convicted under the laws of Illinois or
| ||||||
22 | any other state of bribery
or attempting to bribe an | ||||||
23 | officer or employee of the State of
Illinois or any other | ||||||
24 | state in that
officer's or employee's official capacity; or
| ||||||
25 | (2) has made an admission of guilt of that conduct that
|
| |||||||
| |||||||
1 | is a matter of record but
has not been prosecuted for that | ||||||
2 | conduct.
| ||||||
3 | (b) Businesses. No business shall be barred from
| ||||||
4 | contracting with any unit of State or
local government, or | ||||||
5 | subcontracting under such a contract, as a result of a | ||||||
6 | conviction under this Section of
any employee or agent of the
| ||||||
7 | business if the employee or agent is no longer employed by the
| ||||||
8 | business and:
| ||||||
9 | (1) the business has been finally adjudicated not
| ||||||
10 | guilty; or
| ||||||
11 | (2) the business demonstrates to the governmental
| ||||||
12 | entity with which it seeks to
contract or which is a | ||||||
13 | signatory to the contract to which the subcontract relates, | ||||||
14 | and that entity finds that the commission of the offense
| ||||||
15 | was not authorized, requested,
commanded, or performed by a | ||||||
16 | director, officer, or high managerial
agent on behalf of | ||||||
17 | the
business as provided in paragraph (2) of subsection (a) | ||||||
18 | of Section
5-4 of the Criminal Code of
2012.
| ||||||
19 | (c) Conduct on behalf of business. For purposes of this
| ||||||
20 | Section, when an official, agent,
or employee of a business | ||||||
21 | committed the bribery or attempted
bribery on behalf of the | ||||||
22 | business
and in accordance with the direction or authorization | ||||||
23 | of a responsible
official of the business, the
business shall | ||||||
24 | be chargeable with the conduct.
| ||||||
25 | (d) Certification. Every bid or offer submitted to every to | ||||||
26 | and contract
executed by the State , and every subcontract |
| |||||||
| |||||||
1 | subject to Section 20-120 of this Code , and every vendor's | ||||||
2 | submission to a vendor portal shall
contain a certification by | ||||||
3 | the bidder, offeror, potential contractor, contractor , or the | ||||||
4 | subcontractor, respectively, that the bidder, offeror, | ||||||
5 | potential contractor, contractor or subcontractor is
not | ||||||
6 | barred from being awarded a
contract or subcontract under this | ||||||
7 | Section and acknowledges that the chief procurement officer may | ||||||
8 | declare the related contract void if any certifications | ||||||
9 | required by this Section are false. If the false certification | ||||||
10 | is made by a subcontractor, then the contractor's submitted bid | ||||||
11 | or offer and the executed contract may not be declared void, | ||||||
12 | unless the contractor refuses to terminate the subcontract upon | ||||||
13 | the State's request after a finding that the subcontract's | ||||||
14 | certification was false. A bidder, offeror, potential | ||||||
15 | contractor, contractor , or subcontractor who
makes a false | ||||||
16 | statement, material
to the certification, commits a Class 3 | ||||||
17 | felony.
| ||||||
18 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
19 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
20 | eff. 8-3-12; 97-1150, eff. 1-25-13.)
| ||||||
21 | (30 ILCS 500/50-10)
| ||||||
22 | Sec. 50-10. Felons. | ||||||
23 | (a) Unless otherwise provided, no person
or business | ||||||
24 | convicted of
a felony shall do business with the State of | ||||||
25 | Illinois or any State
agency, or enter into a subcontract, from |
| |||||||
| |||||||
1 | the date of
conviction until 5 years after the date of | ||||||
2 | completion of the
sentence for that felony, unless no
person | ||||||
3 | held responsible by a prosecutorial office for the facts
upon | ||||||
4 | which the conviction was
based continues to have any | ||||||
5 | involvement with the business.
| ||||||
6 | (b) Every bid or offer submitted to the State, every and | ||||||
7 | contract executed by the State , and every subcontract subject | ||||||
8 | to Section 20-120 of this Code , and every vendor's submission | ||||||
9 | to a vendor portal shall contain a certification by the bidder , | ||||||
10 | offeror, potential contractor, or contractor , or | ||||||
11 | subcontractor, respectively, that the bidder, offeror, | ||||||
12 | potential contractor, contractor, or subcontractor is not | ||||||
13 | barred from being awarded a contract or subcontract under this | ||||||
14 | Section and acknowledges that the chief procurement officer may | ||||||
15 | declare the related contract void if any of the certifications | ||||||
16 | required by this Section are false. If the false certification | ||||||
17 | is made by a subcontractor, then the contractor's submitted bid | ||||||
18 | or offer and the executed contract may not be declared void, | ||||||
19 | unless the contractor refuses to terminate the subcontract upon | ||||||
20 | the 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); 97-895, | ||||||
24 | eff. 8-3-12.)
| ||||||
25 | (30 ILCS 500/50-10.5) |
| |||||||
| |||||||
1 | Sec. 50-10.5. Prohibited bidders , offerors, potential | ||||||
2 | contractors, and contractors. | ||||||
3 | (a) Unless otherwise provided, no business shall bid , | ||||||
4 | offer, or enter into a
contract or subcontract under this Code , | ||||||
5 | or make a submission to a vendor portal if the business or any
| ||||||
6 | officer, director, partner, or other managerial agent of the | ||||||
7 | business has been
convicted of a felony under the | ||||||
8 | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||||||
9 | the Illinois Securities Law of 1953 for a
period of 5 years | ||||||
10 | from
the date of conviction. | ||||||
11 | (b) Every bid and offer submitted to the State, every and | ||||||
12 | contract executed by the State , every vendor's submission to a | ||||||
13 | vendor portal, and every subcontract subject to Section 20-120 | ||||||
14 | of this Code shall contain
a certification by the bidder, | ||||||
15 | offeror, potential contractor, contractor, or subcontractor, | ||||||
16 | respectively, that the bidder, offeror, potential contractor, | ||||||
17 | contractor, or subcontractor is not barred
from being awarded a | ||||||
18 | contract or subcontract under this Section and
acknowledges | ||||||
19 | that the chief procurement officer shall declare the related | ||||||
20 | contract void
if any of
the certifications completed pursuant | ||||||
21 | to this subsection (b) are false. If the false certification is | ||||||
22 | made by a subcontractor, then the contractor's submitted bid or | ||||||
23 | offer and the executed contract may not be declared void, | ||||||
24 | unless the contractor refuses to terminate the subcontract upon | ||||||
25 | the State's request after a finding that the subcontract's | ||||||
26 | certification was false. |
| |||||||
| |||||||
1 | (c) If a business is not a natural person, the prohibition | ||||||
2 | in subsection (a)
applies only if: | ||||||
3 | (1) the business itself is convicted of a felony | ||||||
4 | referenced in subsection
(a); or | ||||||
5 | (2) the business is ordered to pay punitive damages | ||||||
6 | based on the
conduct
of any officer, director, partner, or | ||||||
7 | other managerial agent who has been
convicted of a felony | ||||||
8 | referenced in subsection (a). | ||||||
9 | (d) A natural person who is convicted of a felony | ||||||
10 | referenced in subsection
(a) remains subject to Section 50-10. | ||||||
11 | (e) No person or business shall bid , offer, make a | ||||||
12 | submission to a vendor portal, or enter into a contract under | ||||||
13 | this Code if the person or business assisted an employee of the | ||||||
14 | State of Illinois, who, by the nature of his or her duties, has | ||||||
15 | the authority to participate personally and substantially in | ||||||
16 | the decision to award a State contract, by reviewing, drafting, | ||||||
17 | directing, or preparing any invitation for bids, a request for | ||||||
18 | proposal, or request for information or provided similar | ||||||
19 | assistance except as part of a publicly issued opportunity to | ||||||
20 | review drafts of all or part of these documents. | ||||||
21 | This subsection does not prohibit a person or business from | ||||||
22 | submitting a bid or offer or proposal or entering into a | ||||||
23 | contract if the person or business: (i) initiates a | ||||||
24 | communication with an employee to provide general information | ||||||
25 | about products, services, or industry best practices and, if | ||||||
26 | applicable, that communication is documented in accordance |
| |||||||
| |||||||
1 | with Section 50-39 or (ii) responds to a communication | ||||||
2 | initiated by an employee of the State for the purposes of | ||||||
3 | providing information to evaluate new products, trends, | ||||||
4 | services, or technologies. | ||||||
5 | Nothing in this Section prohibits a vendor developing | ||||||
6 | technology, goods, or services from bidding or offering to | ||||||
7 | supply that technology or those goods or services if the | ||||||
8 | subject demonstrated to the State represents industry trends | ||||||
9 | and innovation and is not specifically designed to meet the | ||||||
10 | State's needs. | ||||||
11 | For purposes of this subsection (e), "business" includes | ||||||
12 | all individuals with whom a business is affiliated, including, | ||||||
13 | but not limited to, any officer, agent, employee, consultant, | ||||||
14 | independent contractor, director, partner, or manager , or | ||||||
15 | shareholder of a business. | ||||||
16 | No person or business shall submit specifications to a | ||||||
17 | State agency unless requested to do so by an employee of the | ||||||
18 | State. No person or business who contracts with a State agency | ||||||
19 | to write specifications for a particular procurement need shall | ||||||
20 | submit a bid or proposal or receive a contract for that | ||||||
21 | procurement need. | ||||||
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); 96-920, | ||||||
24 | eff. 7-1-10; 97-895, eff. 8-3-12.)
| ||||||
25 | (30 ILCS 500/50-11)
|
| |||||||
| |||||||
1 | Sec. 50-11. Debt delinquency.
| ||||||
2 | (a) No person shall submit a bid or offer for , or enter | ||||||
3 | into a contract or subcontract under this Code , or make a | ||||||
4 | submission to a vendor portal if that person knows or should | ||||||
5 | know that he or she or
any affiliate is
delinquent in the | ||||||
6 | payment of any debt to the State, unless the person or
| ||||||
7 | affiliate has
entered into a deferred payment plan to pay off | ||||||
8 | the debt. For purposes of this
Section, the phrase "delinquent | ||||||
9 | in the payment of any debt" shall be determined
by the Debt | ||||||
10 | Collection Bureau.
For purposes of this Section, the term | ||||||
11 | "affiliate" means any entity that (1)
directly,
indirectly, or | ||||||
12 | constructively controls another entity, (2) is directly,
| ||||||
13 | indirectly, or
constructively controlled by another entity, or | ||||||
14 | (3) is subject to the control
of
a common
entity. For purposes | ||||||
15 | of this subsection (a), a person controls an entity if the
| ||||||
16 | person owns,
directly or individually, more than 10% of the | ||||||
17 | voting securities of that
entity.
As used in
this subsection | ||||||
18 | (a), the term "voting security" means a security that (1)
| ||||||
19 | confers upon the
holder the right to vote for the election of | ||||||
20 | members of the board of directors
or similar
governing body of | ||||||
21 | the business or (2) is convertible into, or entitles the
holder | ||||||
22 | to receive
upon its exercise, a security that confers such a | ||||||
23 | right to vote. A general
partnership
interest is a voting | ||||||
24 | security.
| ||||||
25 | (b) Every bid and offer submitted to the State, every | ||||||
26 | vendor's submission to a vendor portal, every and contract |
| |||||||
| |||||||
1 | executed by the State and every subcontract subject to Section | ||||||
2 | 20-120 of this Code shall contain
a certification by the | ||||||
3 | bidder, offeror, potential contractor, contractor, or | ||||||
4 | subcontractor, respectively, that the bidder, offeror, | ||||||
5 | respondent, potential contractor, contractor or the | ||||||
6 | subcontractor and its
affiliate is not barred
from being | ||||||
7 | awarded a contract or subcontract under this Section and
| ||||||
8 | acknowledges that the chief procurement officer may declare the | ||||||
9 | related contract void if
any of the certifications completed | ||||||
10 | pursuant to this subsection (b) are false. If the false | ||||||
11 | certification is made by a subcontractor, then the contractor's | ||||||
12 | submitted bid or offer and the executed contract may not be | ||||||
13 | declared void, unless the contractor refuses to terminate the | ||||||
14 | subcontract upon the State's request after a finding that the | ||||||
15 | subcontract's certification was false.
| ||||||
16 | (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see | ||||||
17 | Section 5 of P.A. 96-793 for effective date of changes made by | ||||||
18 | P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
| ||||||
19 | (30 ILCS 500/50-12)
| ||||||
20 | Sec. 50-12. Collection and remittance of Illinois Use Tax.
| ||||||
21 | (a) No person shall enter into a contract with a State | ||||||
22 | agency or enter into a subcontract under this
Code
unless the | ||||||
23 | person and all affiliates of the person collect and remit | ||||||
24 | Illinois
Use Tax on all
sales of tangible personal property | ||||||
25 | into the State of Illinois in accordance
with the
provisions of |
| |||||||
| |||||||
1 | the Illinois Use Tax Act regardless of whether the person or
| ||||||
2 | affiliate is a
"retailer maintaining a place of business within | ||||||
3 | this State" as defined in
Section 2 of the
Use Tax Act. For | ||||||
4 | purposes of this Section, the term "affiliate" means any
entity | ||||||
5 | that (1)
directly, indirectly, or constructively controls | ||||||
6 | another entity, (2) is
directly, indirectly, or
constructively | ||||||
7 | controlled by another entity, or (3) is subject to the control | ||||||
8 | of
a common
entity. For purposes of this subsection (a), an | ||||||
9 | entity controls another entity
if it owns,
directly or | ||||||
10 | individually, more than 10% of the voting securities of that | ||||||
11 | entity.
As used in
this subsection (a), the term "voting | ||||||
12 | security" means a security that (1)
confers upon the
holder the | ||||||
13 | right to vote for the election of members of the board of | ||||||
14 | directors
or similar
governing body of the business or (2) is | ||||||
15 | convertible into, or entitles the
holder to receive
upon its | ||||||
16 | exercise, a security that confers such a right to vote. A | ||||||
17 | general
partnership
interest is a voting security.
| ||||||
18 | (b) Every bid and offer submitted to the State, every | ||||||
19 | submission to a vendor portal, every and contract executed by | ||||||
20 | the State and every subcontract subject to Section 20-120 of | ||||||
21 | this Code shall contain
a
certification by the bidder, offeror, | ||||||
22 | potential contractor, contractor, or subcontractor, | ||||||
23 | respectively, that the bidder, offeror, respondent, potential | ||||||
24 | contractor, contractor, or subcontractor is not
barred from
| ||||||
25 | bidding for or entering into a contract under subsection (a) of | ||||||
26 | this Section
and
acknowledges that the chief procurement |
| |||||||
| |||||||
1 | officer may declare
the
related contract void if any of the | ||||||
2 | certifications completed pursuant to this subsection (b) are
| ||||||
3 | false. If the false certification is made by a subcontractor, | ||||||
4 | then the contractor's submitted bid or offer and the executed | ||||||
5 | contract may not be declared void, unless the contractor | ||||||
6 | refuses to terminate the subcontract upon the State's request | ||||||
7 | after a finding that the subcontract's certification was false.
| ||||||
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); 97-895, | ||||||
10 | eff. 8-3-12.)
| ||||||
11 | (30 ILCS 500/50-13)
| ||||||
12 | Sec. 50-13. Conflicts of interest.
| ||||||
13 | (a) Prohibition. It is unlawful for any person holding an
| ||||||
14 | elective office in this State,
holding a seat in the General | ||||||
15 | Assembly, or appointed to or
employed in any of the offices or
| ||||||
16 | agencies of State government and who receives compensation for | ||||||
17 | such employment
in excess of 60% of the salary of the Governor | ||||||
18 | of the State of Illinois, or who
is an officer or employee of
| ||||||
19 | the Capital Development
Board or the Illinois Toll Highway | ||||||
20 | Authority, or who is the spouse
or minor child of any such
| ||||||
21 | person to have or acquire any contract, or any direct pecuniary
| ||||||
22 | interest in any contract therein,
whether for stationery, | ||||||
23 | printing, paper, or any services,
materials, or supplies, that | ||||||
24 | will be
wholly or partially satisfied by the payment of funds | ||||||
25 | appropriated
by the General Assembly of
the State of Illinois |
| |||||||
| |||||||
1 | or in any contract of the Capital
Development Board or the | ||||||
2 | Illinois Toll
Highway Authority.
| ||||||
3 | (b) Interests. It is unlawful for any firm, partnership,
| ||||||
4 | association, or corporation, in
which any person listed in | ||||||
5 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
6 | the total
distributable income or (ii) an amount in excess of | ||||||
7 | the salary of the Governor,
to have or acquire any
such | ||||||
8 | contract or direct pecuniary interest therein.
| ||||||
9 | (c) Combined interests. It is unlawful for any firm, | ||||||
10 | partnership,
association, or corporation, in which any person | ||||||
11 | listed in subsection (a)
together with his or her spouse or | ||||||
12 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
13 | aggregate, of the total distributable income or (ii) an
amount | ||||||
14 | in excess of 2 times the salary of the Governor, to have or | ||||||
15 | acquire any
such contract or direct pecuniary interest therein.
| ||||||
16 | (c-5) Appointees and firms. In addition to any provisions | ||||||
17 | of this Code,
the interests of certain
appointees and their | ||||||
18 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
19 | Ethics Act.
| ||||||
20 | (d) Securities. Nothing in this Section invalidates the
| ||||||
21 | provisions of any bond or other
security previously offered or | ||||||
22 | to be offered for sale or sold by
or for the State of Illinois.
| ||||||
23 | (e) Prior interests. This Section does not affect the
| ||||||
24 | validity of any contract made
between the State and an officer | ||||||
25 | or employee of the State or
member of the General Assembly,
his | ||||||
26 | or her spouse, minor child, or other immediate family member |
| |||||||
| |||||||
1 | living in
his or her residence or any
combination of those | ||||||
2 | persons
if that contract was in
existence before his or her | ||||||
3 | election or employment as an officer,
member, or employee. The
| ||||||
4 | contract is voidable, however, if it cannot be completed within | ||||||
5 | 365 calendar
days after the officer, member,
or employee takes | ||||||
6 | office or is employed.
| ||||||
7 | (f) Exceptions.
| ||||||
8 | (1) Public aid payments. This Section does not apply
to | ||||||
9 | payments made for a
public aid recipient.
| ||||||
10 | (2) Teaching. This Section does not apply to a
contract | ||||||
11 | for personal services as
a teacher or school administrator | ||||||
12 | between a member of the General
Assembly or his or her
| ||||||
13 | spouse, or a State officer or employee or his or her | ||||||
14 | spouse, and
any school district, public community college | ||||||
15 | district, the University of
Illinois, Southern Illinois | ||||||
16 | University, Illinois State University, Eastern
Illinois | ||||||
17 | University, Northern Illinois University, Western Illinois | ||||||
18 | University,
Chicago State University, Governor State | ||||||
19 | University, or Northeastern Illinois
University.
| ||||||
20 | (3) Ministerial duties. This Section does not apply to
| ||||||
21 | a contract for personal
services of a wholly ministerial | ||||||
22 | character, including but not
limited to services as a | ||||||
23 | laborer, clerk,
typist, stenographer, page, bookkeeper, | ||||||
24 | receptionist, or telephone
switchboard operator, made
by a | ||||||
25 | spouse or minor child of an elective or appointive State
| ||||||
26 | officer or employee or of a member
of the General Assembly.
|
| |||||||
| |||||||
1 | (4) Child and family services. This Section does not
| ||||||
2 | apply to payments made
to a member of the General Assembly, | ||||||
3 | a State officer or employee,
his or her spouse or minor
| ||||||
4 | child acting as a foster parent, homemaker, advocate, or | ||||||
5 | volunteer
for or in behalf of a child or
family served by | ||||||
6 | the Department of Children and Family Services.
| ||||||
7 | (5) Licensed professionals. Contracts with licensed | ||||||
8 | professionals,
provided they are competitively bid or part | ||||||
9 | of a reimbursement program for
specific, customary goods | ||||||
10 | and services through the Department of Children and
Family | ||||||
11 | Services, the Department of Human Services,
the Department | ||||||
12 | of Healthcare and Family Services, the Department of Public | ||||||
13 | Health, or
the Department on Aging.
| ||||||
14 | (g) Penalty. A person convicted of a violation of this | ||||||
15 | Section is guilty of
a business offense and shall be fined not | ||||||
16 | less than $1,000 nor more than
$5,000.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
18 | (30 ILCS 500/50-14)
| ||||||
19 | Sec. 50-14. Environmental Protection Act violations.
| ||||||
20 | (a) Unless otherwise provided, no person or business found | ||||||
21 | by a court or
the Pollution Control Board to have committed a | ||||||
22 | willful or knowing violation of
the Environmental Protection | ||||||
23 | Act shall do business with the State
of Illinois or any State | ||||||
24 | agency or enter into a subcontract that is subject to this Code | ||||||
25 | from the date of the order containing the
finding of violation |
| |||||||
| |||||||
1 | until 5 years after that date, unless the person or
business | ||||||
2 | can show that no person involved in the violation continues to | ||||||
3 | have
any involvement with the business.
| ||||||
4 | (b) A person or business otherwise barred from doing | ||||||
5 | business with the
State of Illinois or any State agency or | ||||||
6 | subcontracting under this Code by subsection (a) may be allowed | ||||||
7 | to do
business with the State of Illinois or any State agency | ||||||
8 | if it is shown that
there is no practicable alternative to the | ||||||
9 | State to contracting with that
person or business.
| ||||||
10 | (c) Every bid or offer submitted to the State, every and | ||||||
11 | contract executed by the State , every submission to a vendor | ||||||
12 | portal, and every subcontract subject to Section 20-120 of this | ||||||
13 | Code shall contain
a certification by the bidder, offeror, | ||||||
14 | potential contractor, contractor, or subcontractor, | ||||||
15 | respectively, that the bidder, offeror, potential contractor, | ||||||
16 | contractor, or subcontractor is
not barred from being awarded a | ||||||
17 | contract or subcontract under this Section and acknowledges | ||||||
18 | that the contracting State agency may declare the related
| ||||||
19 | contract void if any of the certifications completed pursuant | ||||||
20 | to this subsection (c) are
false. If the false certification is | ||||||
21 | made by a subcontractor, then the contractor's submitted bid or | ||||||
22 | offer and the executed contract may not be declared void, | ||||||
23 | unless the contractor refuses to terminate the subcontract upon | ||||||
24 | the State's request after a finding that the subcontract's | ||||||
25 | certification was false.
| ||||||
26 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
| |||||||
| |||||||
1 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
2 | eff. 8-3-12.)
| ||||||
3 | (30 ILCS 500/50-20)
| ||||||
4 | Sec. 50-20. Exemptions. The appropriate chief
procurement | ||||||
5 | officer may file a request with the Executive Ethics Commission | ||||||
6 | to exempt named individuals from the
prohibitions of
Section | ||||||
7 | 50-13 when, in his or her judgment, the public interest in
| ||||||
8 | having
the
individual in the service of the State outweighs the | ||||||
9 | public policy evidenced in
that Section. The Executive Ethics | ||||||
10 | Commission may grant an exemption after a public hearing at | ||||||
11 | which any person may present testimony. The chief procurement | ||||||
12 | officer shall publish notice of the date, time, and location of | ||||||
13 | the hearing in the online electronic Bulletin at least 14 | ||||||
14 | calendar days prior to the hearing and provide notice to the | ||||||
15 | individual subject to the waiver and the Procurement Policy | ||||||
16 | Board. The Executive Ethics Commission shall also provide | ||||||
17 | public notice of the date, time, and location of the hearing on | ||||||
18 | its website. If the Commission grants an exemption, the | ||||||
19 | exemption is effective only if it is filed with the
Secretary | ||||||
20 | of State and the Comptroller prior to the execution of any | ||||||
21 | contract and includes a statement setting forth
the name of the | ||||||
22 | individual and all the pertinent facts that would make that
| ||||||
23 | Section applicable, setting forth the reason for the exemption, | ||||||
24 | and declaring
the individual exempted from that Section.
Notice | ||||||
25 | of each exemption shall be published in the Illinois |
| |||||||
| |||||||
1 | Procurement
Bulletin. A contract for which a waiver has been | ||||||
2 | issued but has not been filed in accordance with this Section | ||||||
3 | is voidable by the State. The changes to this Section made by | ||||||
4 | this amendatory Act of the 96th General Assembly shall apply to | ||||||
5 | exemptions granted on or after its effective date.
| ||||||
6 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
7 | for the effective date of changes made by P.A. 96-795) .)
| ||||||
8 | (30 ILCS 500/50-25)
| ||||||
9 | Sec. 50-25. Inducement. Any person who offers or pays
any | ||||||
10 | money or other valuable
thing to any person to induce him or | ||||||
11 | her not to provide a submission to a vendor portal, bid , or | ||||||
12 | submit an offer for a State
contract or as recompense for not
| ||||||
13 | having bid on or submitted an offer for a State contract or | ||||||
14 | provided a submission to a vendor portal is guilty of a Class 4 | ||||||
15 | felony. Any
person who accepts any money
or other valuable | ||||||
16 | thing for not bidding or submitting an offer for a State | ||||||
17 | contract , not making a submission to a vendor portal, or
who | ||||||
18 | withholds a bid , offer, or submission to vendor portal in
| ||||||
19 | consideration of the promise for the payment of money or other
| ||||||
20 | valuable thing is guilty of a
Class 4 felony.
| ||||||
21 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
22 | (30 ILCS 500/50-35) | ||||||
23 | Sec. 50-35. Financial disclosure and potential conflicts | ||||||
24 | of interest. |
| |||||||
| |||||||
1 | (a) All bids and offers from responsive bidders , or | ||||||
2 | offerors , vendors, or contractors with an annual value of
more | ||||||
3 | than $50,000, and all submissions to a vendor portal, $25,000 | ||||||
4 | shall be accompanied by disclosure of the financial
interests | ||||||
5 | of the contractor, bidder, offeror, potential contractor, or | ||||||
6 | contractor or proposer and each subcontractor to be used. In | ||||||
7 | addition, all subcontracts identified as provided by Section | ||||||
8 | 20-120 of this Code with an annual value of
more than $50,000 | ||||||
9 | shall be accompanied by disclosure of the financial
interests | ||||||
10 | of each subcontractor. The financial disclosure of
each | ||||||
11 | successful bidder, offeror, potential contractor, or | ||||||
12 | contractor bidder or offeror and its subcontractors shall be | ||||||
13 | incorporated as a material term of the contract and shall | ||||||
14 | become
part of the publicly available contract or procurement | ||||||
15 | file
maintained by the appropriate chief procurement officer. | ||||||
16 | Each disclosure under this Section shall be signed and made | ||||||
17 | under penalty of perjury by an authorized officer or employee | ||||||
18 | on behalf of the bidder, offeror, potential contractor, | ||||||
19 | contractor, or subcontractor bidder or offeror , and must be | ||||||
20 | filed with the Procurement Policy Board. | ||||||
21 | (b) Disclosure shall include any
ownership or distributive | ||||||
22 | income share that is in excess of 5%, or an amount
greater than | ||||||
23 | 60% of the annual salary of the Governor, of the disclosing | ||||||
24 | entity
or its parent entity, whichever is less, unless the | ||||||
25 | contractor, bidder, offeror, potential contractor, contractor, | ||||||
26 | or subcontractor
(i) is a
publicly traded entity subject to |
| |||||||
| |||||||
1 | Federal 10K reporting, in which case it may
submit its 10K
| ||||||
2 | disclosure in place of the prescribed disclosure, or (ii) is a | ||||||
3 | privately held
entity that is exempt from Federal 10k reporting | ||||||
4 | but has more than 100 200
shareholders, in which case it may | ||||||
5 | submit the information that Federal 10k
reporting companies are | ||||||
6 | required to report under 17 CFR 229.401 and list the
names of | ||||||
7 | any person or entity holding any ownership share that is in | ||||||
8 | excess of
5% in place of the prescribed disclosure. The form of | ||||||
9 | disclosure shall
be prescribed by the applicable chief | ||||||
10 | procurement officer and must include at
least the names,
| ||||||
11 | addresses, and dollar or proportionate share of ownership of | ||||||
12 | each person
identified in this Section, their instrument of | ||||||
13 | ownership or beneficial
relationship, and notice of any | ||||||
14 | potential conflict of interest resulting from
the current | ||||||
15 | ownership or beneficial relationship of each individual person | ||||||
16 | identified in
this Section having in addition any of the | ||||||
17 | following relationships: | ||||||
18 | (1) State employment, currently or in the previous 3 | ||||||
19 | years, including
contractual employment of services. | ||||||
20 | (2) State employment of spouse, father, mother, son, or | ||||||
21 | daughter,
including
contractual employment for services in | ||||||
22 | the previous 2 years. | ||||||
23 | (3) Elective status; the holding of elective office of | ||||||
24 | the State of
Illinois, the government of the United States, | ||||||
25 | any unit of local government
authorized by the Constitution | ||||||
26 | of the State of Illinois or the statutes of the
State of |
| |||||||
| |||||||
1 | Illinois currently or in the previous 3 years. | ||||||
2 | (4) Relationship to anyone holding elective office | ||||||
3 | currently or in the
previous 2 years; spouse, father, | ||||||
4 | mother, son, or daughter. | ||||||
5 | (5) Appointive office; the holding of any appointive | ||||||
6 | government office of
the State of Illinois, the United | ||||||
7 | States of America, or any unit of local
government | ||||||
8 | authorized by the Constitution of the State of Illinois or | ||||||
9 | the
statutes of the State of Illinois, which office | ||||||
10 | entitles the holder to
compensation in excess of expenses | ||||||
11 | incurred in the discharge of that office
currently or in | ||||||
12 | the previous 3 years. | ||||||
13 | (6) Relationship to anyone holding appointive office | ||||||
14 | currently or in the
previous 2 years; spouse, father, | ||||||
15 | mother, son, or daughter. | ||||||
16 | (7) Employment, currently or in the previous 3 years, | ||||||
17 | as or by any
registered lobbyist of the State government. | ||||||
18 | (8) Relationship to anyone who is or was a registered | ||||||
19 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
20 | son, or daughter. | ||||||
21 | (9) Compensated employment, currently or in the | ||||||
22 | previous 3 years, by any
registered election or re-election | ||||||
23 | committee registered with the Secretary of
State or any | ||||||
24 | county clerk in the State of Illinois, or any political | ||||||
25 | action
committee registered with either the Secretary of | ||||||
26 | State or the Federal Board of
Elections. |
| |||||||
| |||||||
1 | (10) Relationship to anyone; spouse, father, mother, | ||||||
2 | son, or daughter; who
is or was a compensated employee in | ||||||
3 | the last 2 years of any registered
election or re-election | ||||||
4 | committee registered with the Secretary of State or any
| ||||||
5 | county clerk in the State of Illinois, or any political | ||||||
6 | action committee
registered with either the Secretary of | ||||||
7 | State or the Federal Board of
Elections. | ||||||
8 | (b-1) The disclosure required under this Section must also | ||||||
9 | include the name and address of each lobbyist required to | ||||||
10 | register under the Lobbyist Registration Act and other agent of | ||||||
11 | the bidder , or offeror , potential contractor, contractor, or | ||||||
12 | subcontractor who is not identified under subsections (a) and | ||||||
13 | (b) and who has communicated, is communicating, or may | ||||||
14 | communicate with any State officer or employee concerning the | ||||||
15 | bid or offer. The disclosure under this subsection is a | ||||||
16 | continuing obligation and must be promptly supplemented for | ||||||
17 | accuracy throughout the process and throughout the term of the | ||||||
18 | contract if the bid or offer is successful. | ||||||
19 | (b-2) The disclosure required under this Section must also | ||||||
20 | include, for each of the persons identified in subsection (b) | ||||||
21 | or (b-1), each of the following that occurred within the | ||||||
22 | previous 10 years: suspension or debarment from contracting | ||||||
23 | with any governmental entity; professional licensure | ||||||
24 | discipline; bankruptcies; adverse civil judgments and | ||||||
25 | administrative findings; and criminal felony convictions. The | ||||||
26 | disclosure under this subsection is a continuing obligation and |
| |||||||
| |||||||
1 | must be promptly supplemented for accuracy throughout the | ||||||
2 | process and throughout the term of the contract if the bid or | ||||||
3 | offer is successful. | ||||||
4 | (c) The disclosure in subsection (b) is not intended to | ||||||
5 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
6 | fully and publicly disclose any potential
conflict to the chief | ||||||
7 | procurement officers, State purchasing officers, their
| ||||||
8 | designees, and executive officers so they may adequately | ||||||
9 | discharge their duty
to protect the State. | ||||||
10 | (d) When a potential for a conflict of interest is | ||||||
11 | identified, discovered, or reasonably suspected, the chief | ||||||
12 | procurement officer or State procurement officer shall send the | ||||||
13 | contract to the Procurement Policy Board. In accordance with | ||||||
14 | the objectives of subsection (c), if the Procurement Policy | ||||||
15 | Board finds evidence of a potential conflict of interest not | ||||||
16 | originally disclosed by the bidder, offeror, potential | ||||||
17 | contractor, contractor , or subcontractor, the Board shall | ||||||
18 | provide written notice to the bidder, offeror, potential | ||||||
19 | contractor, contractor , or subcontractor that is identified, | ||||||
20 | discovered, or reasonably suspected of having a potential | ||||||
21 | conflict of interest. The bidder, offeror, potential | ||||||
22 | contractor, contractor , or subcontractor shall have 15 | ||||||
23 | calendar days to respond in writing to the Board, and a hearing | ||||||
24 | before the Board will be granted upon request by the bidder, | ||||||
25 | offeror, potential contractor, contractor, contractor's or | ||||||
26 | subcontractor subcontractor's request , at a date and time to be |
| |||||||
| |||||||
1 | determined by the Board, but which in no event shall occur | ||||||
2 | later than 15 calendar days after the date of the request. Upon | ||||||
3 | consideration, the Board shall recommend, in writing, whether | ||||||
4 | to allow or void the contract, bid, offer, or subcontract | ||||||
5 | weighing the best interest of the State of Illinois. All | ||||||
6 | recommendations shall be submitted to the Executive Ethics | ||||||
7 | Commission. The Executive Ethics Commission must hold a public | ||||||
8 | hearing within 30 calendar days after receiving the Board's | ||||||
9 | recommendation if the Procurement Policy Board makes a | ||||||
10 | recommendation to (i) void a contract or (ii) void a bid or | ||||||
11 | offer and the chief procurement officer selected or intends to | ||||||
12 | award the contract to the bidder , or offeror , or potential | ||||||
13 | contractor . A chief procurement officer is prohibited from | ||||||
14 | awarding a contract before a hearing if the Board | ||||||
15 | recommendation does not support a bid or offer. The | ||||||
16 | recommendation and proceedings of any hearing, if applicable, | ||||||
17 | shall be available to the public. | ||||||
18 | (e) These thresholds and disclosure do not relieve the | ||||||
19 | chief procurement
officer, the State purchasing officer, or
| ||||||
20 | their designees from reasonable care and diligence for any | ||||||
21 | contract, bid,
offer, or submission to a vendor portal
or | ||||||
22 | proposal . The chief procurement officer, the State purchasing | ||||||
23 | officer, or
their designees shall be
responsible for using any | ||||||
24 | reasonably known and publicly available information
to
| ||||||
25 | discover any undisclosed potential conflict of interest and act | ||||||
26 | to protect the
best interest of the State of Illinois. |
| |||||||
| |||||||
1 | (f) Inadvertent or accidental failure to fully disclose | ||||||
2 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
3 | or relationship voidable by the chief procurement
officer if he | ||||||
4 | or she deems it in
the best interest of the State of Illinois | ||||||
5 | and, at his or her discretion, may
be cause for barring from | ||||||
6 | future contracts, bids, offers, proposals, subcontracts, or
| ||||||
7 | relationships with the State for a period of up to 2 years. | ||||||
8 | (g) Intentional, willful, or material failure to disclose | ||||||
9 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
10 | or relationship voidable by the chief procurement
officer if he | ||||||
11 | or she deems it in
the best interest of the State of Illinois | ||||||
12 | and shall result in debarment from
future contracts, bids, | ||||||
13 | offers, proposals, subcontracts, or relationships for a period | ||||||
14 | of not less
than 2 years and not more than 10 years. | ||||||
15 | Reinstatement after 2 years and
before 10 years must be | ||||||
16 | reviewed and commented on in writing by the Governor
of the | ||||||
17 | State of Illinois, or by an executive ethics board or | ||||||
18 | commission he or
she
might designate. The comment shall be | ||||||
19 | returned to the responsible chief
procurement officer who must
| ||||||
20 | rule in writing whether and when to reinstate. | ||||||
21 | (h) In addition, all disclosures shall note any other | ||||||
22 | current or pending
contracts, bids, offers, proposals, | ||||||
23 | subcontracts, leases, or other ongoing procurement | ||||||
24 | relationships the bidder
bidding , offeror, potential | ||||||
25 | contractor, contractor proposing, offering , or subcontractor | ||||||
26 | subcontracting entity has with any other unit of State
|
| |||||||
| |||||||
1 | government and shall clearly identify the unit and the | ||||||
2 | contract, offer, proposal,
lease, or other relationship. | ||||||
3 | (i) The contractor or bidder , offeror, potential | ||||||
4 | contractor, or contractor has a continuing obligation to | ||||||
5 | supplement the disclosure required by this Section throughout | ||||||
6 | the bidding process or during the term of any contract , and | ||||||
7 | during the vendor portal registration process . | ||||||
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; 97-490, eff. 8-22-11; 97-895, eff. 8-3-12.) | ||||||
11 | (30 ILCS 500/50-36) | ||||||
12 | Sec. 50-36. Disclosure of business in Iran. | ||||||
13 | (a) As used in this Section:
| ||||||
14 | "Business operations" means engaging in commerce
in any | ||||||
15 | form in Iran, including, but not limited to,
acquiring, | ||||||
16 | developing, maintaining, owning, selling,
possessing, leasing, | ||||||
17 | or operating equipment, facilities,
personnel, products, | ||||||
18 | services, personal property, real
property, or any other | ||||||
19 | apparatus of business or commerce. | ||||||
20 | "Company" means any sole proprietorship,
organization, | ||||||
21 | association, corporation, partnership, joint
venture, limited | ||||||
22 | partnership, limited liability partnership,
limited liability | ||||||
23 | company, or other entity or business
association, including all | ||||||
24 | wholly owned subsidiaries,
majority-owned subsidiaries, parent | ||||||
25 | companies, or affiliates
of those entities or business |
| |||||||
| |||||||
1 | associations, that exists for
the purpose of making profit. | ||||||
2 | "Mineral-extraction activities" include exploring,
| ||||||
3 | extracting, processing, transporting, or wholesale selling or
| ||||||
4 | trading of elemental minerals or associated metal alloys or
| ||||||
5 | oxides (ore), including gold, copper, chromium, chromite,
| ||||||
6 | diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. | ||||||
7 | "Oil-related activities" include, but are not
limited to, | ||||||
8 | owning rights to oil blocks; exporting,
extracting, producing, | ||||||
9 | refining, processing, exploring for,
transporting, selling, or | ||||||
10 | trading of oil; and constructing,
maintaining, or operating a | ||||||
11 | pipeline, refinery, or other
oil-field infrastructure. The | ||||||
12 | mere retail sale of gasoline and
related consumer products is | ||||||
13 | not considered an oil-related
activity. | ||||||
14 | "Petroleum resources" means petroleum, petroleum
| ||||||
15 | byproducts, or natural gas. | ||||||
16 | "Substantial action" means adopting, publicizing,
and | ||||||
17 | implementing a formal plan to cease scrutinized business
| ||||||
18 | operations within one year and to refrain from any such new
| ||||||
19 | business operations. | ||||||
20 | (b) Each bid or , offer , or proposal submitted for a State | ||||||
21 | contract, other than a small purchase defined in Section 20-20, | ||||||
22 | shall include a disclosure of whether or not the bidder, | ||||||
23 | offeror, or proposing entity, or any of its corporate parents | ||||||
24 | or subsidiaries, within the 24 months before submission of the | ||||||
25 | bid or , offer , or proposal had
business operations that | ||||||
26 | involved contracts with or provision
of supplies or services to |
| |||||||
| |||||||
1 | the Government of Iran, companies
in which the Government of | ||||||
2 | Iran has any direct or indirect
equity share, consortiums or | ||||||
3 | projects commissioned by the
Government of Iran, or companies | ||||||
4 | involved in consortiums or
projects commissioned by the | ||||||
5 | Government of Iran and: | ||||||
6 | (1) more than 10% of the company's revenues produced in | ||||||
7 | or assets located in Iran involve oil-related activities or
| ||||||
8 | mineral-extraction activities; less than 75% of the
| ||||||
9 | company's revenues produced in or assets located in Iran | ||||||
10 | involve contracts
with or provision of oil-related or | ||||||
11 | mineral-extraction
products or services to the Government | ||||||
12 | of Iran or a project or
consortium created exclusively by | ||||||
13 | that government; and the
company has failed to take | ||||||
14 | substantial action; or | ||||||
15 | (2) the company has, on or after
August 5, 1996, made | ||||||
16 | an investment of $20 million or more, or
any combination of | ||||||
17 | investments of at least $10 million each
that in the | ||||||
18 | aggregate equals or exceeds $20 million in any
12-month | ||||||
19 | period, that directly or significantly contributes
to the | ||||||
20 | enhancement of Iran's ability to develop petroleum
| ||||||
21 | resources of Iran. | ||||||
22 | (c) A bid or , offer , or proposal that does not include the | ||||||
23 | disclosure required by subsection (b) may be given a period | ||||||
24 | after the bid or offer is submitted to cure non-disclosure | ||||||
25 | shall not be considered responsive . A chief procurement officer | ||||||
26 | may consider the disclosure when evaluating the bid or , offer , |
| |||||||
| |||||||
1 | or proposal or awarding the contract. | ||||||
2 | (d) Each chief procurement officer shall provide the State | ||||||
3 | Comptroller with the name of each entity disclosed under | ||||||
4 | subsection (b) as doing business or having done business in | ||||||
5 | Iran. The State Comptroller shall post that information on his | ||||||
6 | or her official website.
| ||||||
7 | (Source: P.A. 95-616, eff. 1-1-08.) | ||||||
8 | (30 ILCS 500/50-37) | ||||||
9 | Sec. 50-37. Prohibition of political contributions. | ||||||
10 | (a) As used in this Section: | ||||||
11 | The terms "contract", "State contract", and "contract | ||||||
12 | with a State agency" each mean any contract, as defined in | ||||||
13 | this Code, between a business entity and a State agency let | ||||||
14 | or awarded pursuant to this Code. The terms "contract", | ||||||
15 | "State contract", and "contract with a State agency" do not | ||||||
16 | include cost reimbursement contracts; purchase of care | ||||||
17 | agreements as defined in Section 1-15.68 of this Code; | ||||||
18 | contracts for projects eligible for full or partial | ||||||
19 | federal-aid funding reimbursements authorized by the | ||||||
20 | Federal Highway Administration; grants, including but are | ||||||
21 | not limited to grants for job training or transportation; | ||||||
22 | and grants, loans, or tax credit agreements for economic | ||||||
23 | development purposes. | ||||||
24 | "Contribution" means a contribution as defined in | ||||||
25 | Section 9-1.4 of the Election Code. |
| |||||||
| |||||||
1 | "Declared candidate" means a person who has filed a | ||||||
2 | statement of candidacy and petition for nomination or | ||||||
3 | election in the principal office of the State Board of | ||||||
4 | Elections. | ||||||
5 | "State agency" means and includes all boards, | ||||||
6 | commissions, agencies, institutions, authorities, and | ||||||
7 | bodies politic and corporate of the State, created by or in | ||||||
8 | accordance with the Illinois Constitution or State | ||||||
9 | statute, of the executive branch of State government and | ||||||
10 | does include colleges, universities,
public employee | ||||||
11 | retirement systems, and institutions under the | ||||||
12 | jurisdiction of the governing boards of the University of | ||||||
13 | Illinois, Southern Illinois University, Illinois State | ||||||
14 | University, Eastern Illinois University, Northern Illinois | ||||||
15 | University, Western Illinois University, Chicago State | ||||||
16 | University, Governors State University, Northeastern | ||||||
17 | Illinois University, and the Illinois Board of Higher | ||||||
18 | Education. | ||||||
19 | "Officeholder" means the Governor, Lieutenant | ||||||
20 | Governor, Attorney General, Secretary of State, | ||||||
21 | Comptroller, or Treasurer. The Governor shall be | ||||||
22 | considered the officeholder responsible for awarding all | ||||||
23 | contracts by all officers and employees of, and potential | ||||||
24 | contractors vendors and others doing business with, | ||||||
25 | executive branch State agencies under the jurisdiction of | ||||||
26 | the Executive Ethics Commission and not within the |
| |||||||
| |||||||
1 | jurisdiction of the Attorney General, the Secretary of | ||||||
2 | State, the Comptroller, or the Treasurer. | ||||||
3 | "Sponsoring entity" means a sponsoring entity as | ||||||
4 | defined in Section 9-3 of the Election Code. | ||||||
5 | "Affiliated person" means (i) any person with any | ||||||
6 | ownership
interest or distributive share of the bidding or | ||||||
7 | contracting business entity in excess of 7.5%, (ii) | ||||||
8 | executive employees of the bidding or contracting business | ||||||
9 | entity, and (iii) the spouse of any such persons. | ||||||
10 | "Affiliated person" does not include a person prohibited by | ||||||
11 | federal law from making contributions or expenditures in | ||||||
12 | connection with a federal, state, or local election. | ||||||
13 | "Affiliated entity" means (i) any corporate parent and | ||||||
14 | each operating subsidiary of the bidding or contracting | ||||||
15 | business entity, (ii) each operating subsidiary of the | ||||||
16 | corporate parent of the bidding or contracting business | ||||||
17 | entity, (iii) any organization recognized by the United | ||||||
18 | States Internal Revenue Service as a tax-exempt | ||||||
19 | organization described in Section 501(c) of the Internal | ||||||
20 | Revenue Code of 1986 (or any successor provision of federal | ||||||
21 | tax law) established by the bidding or contracting business | ||||||
22 | entity, any affiliated entity of that business entity, or | ||||||
23 | any affiliated person of that business entity, or (iv) any | ||||||
24 | political committee for which the bidding or contracting | ||||||
25 | business entity, or any 501(c) organization described in | ||||||
26 | item (iii) related to that business entity, is the |
| |||||||
| |||||||
1 | sponsoring entity. "Affiliated entity" does not include an | ||||||
2 | entity prohibited by federal law from making contributions | ||||||
3 | or expenditures in connection with a federal, state, or | ||||||
4 | local election. | ||||||
5 | "Business entity" means any entity doing business for | ||||||
6 | profit, whether organized as a corporation, partnership, | ||||||
7 | sole proprietorship, limited liability company or | ||||||
8 | partnership, or otherwise. | ||||||
9 | "Executive employee" means (i) the President, | ||||||
10 | Chairman, or Chief Executive Officer of a business entity | ||||||
11 | and any other individual that fulfills equivalent duties as | ||||||
12 | the President, Chairman of the Board, or Chief Executive | ||||||
13 | Officer of a business entity; and (ii) any employee of a | ||||||
14 | business entity whose compensation is determined directly, | ||||||
15 | in whole or in part, by the award or payment of contracts | ||||||
16 | by a State agency to the entity employing the employee. A | ||||||
17 | regular salary that is paid irrespective of the award or | ||||||
18 | payment of a contract with a State agency shall not | ||||||
19 | constitute "compensation" under item (ii) of this | ||||||
20 | definition. "Executive employee" does not include any | ||||||
21 | person prohibited by federal law from making contributions | ||||||
22 | or expenditures in connection with a federal, state, or | ||||||
23 | local election. | ||||||
24 | (b) Any business entity whose contracts with State | ||||||
25 | agencies, in the aggregate, annually total more than $50,000, | ||||||
26 | and any affiliated entities or affiliated persons of such |
| |||||||
| |||||||
1 | business entity, are prohibited from making any contributions | ||||||
2 | to any political committees established to promote the | ||||||
3 | candidacy of (i) the officeholder responsible for awarding the | ||||||
4 | contracts or (ii) any other declared candidate for that office. | ||||||
5 | This prohibition shall be effective for the duration of the | ||||||
6 | term of office of the incumbent officeholder awarding the | ||||||
7 | contracts or for a period of 2 years following the expiration | ||||||
8 | or termination of the contracts, whichever is longer. | ||||||
9 | (c) Any business entity whose aggregate pending bids and | ||||||
10 | offers and proposals on State contracts total more than | ||||||
11 | $50,000, or whose aggregate pending bids and offers on and | ||||||
12 | proposals on State contracts combined with the business | ||||||
13 | entity's aggregate annual total value of State contracts exceed | ||||||
14 | $50,000, and any affiliated entities or affiliated persons of | ||||||
15 | such business entity, are prohibited from making any | ||||||
16 | contributions to any political committee
established to | ||||||
17 | promote the candidacy of the officeholder responsible for | ||||||
18 | awarding the contract on which the business entity has | ||||||
19 | submitted a bid or offer or proposal during the period | ||||||
20 | beginning on the date the invitation for bids , or request for | ||||||
21 | proposals , or any other procurement opportunity is issued and | ||||||
22 | ending on the day after the date the contract is awarded. | ||||||
23 | (c-5) For the purposes of the prohibitions under | ||||||
24 | subsections (b) and (c) of this Section, (i) any contribution | ||||||
25 | made to a political committee established to promote the | ||||||
26 | candidacy of the Governor or a declared candidate for the |
| |||||||
| |||||||
1 | office of Governor shall also be considered as having been made | ||||||
2 | to a political committee established to promote the candidacy | ||||||
3 | of the Lieutenant Governor, in the case of the Governor, or the | ||||||
4 | declared candidate for Lieutenant Governor having filed a joint | ||||||
5 | petition, or write-in declaration of intent, with the declared | ||||||
6 | candidate for Governor, as applicable, and (ii) any | ||||||
7 | contribution made to a political committee established to | ||||||
8 | promote the candidacy of the Lieutenant Governor or a declared | ||||||
9 | candidate for the office of Lieutenant Governor shall also be | ||||||
10 | considered as having been made to a political committee | ||||||
11 | established to promote the candidacy of the Governor, in the | ||||||
12 | case of the Lieutenant Governor, or the declared candidate for | ||||||
13 | Governor having filed a joint petition, or write-in declaration | ||||||
14 | of intent, with the declared candidate for Lieutenant Governor, | ||||||
15 | as applicable. | ||||||
16 | (d) All contracts between State agencies and a business | ||||||
17 | entity that violate subsection (b) or (c) shall be voidable | ||||||
18 | under Section 50-60. If a business entity violates subsection | ||||||
19 | (b) 3 or more times within a 36-month period, then all | ||||||
20 | contracts between State agencies and that business entity shall | ||||||
21 | be void, and that business entity shall not bid or respond to | ||||||
22 | any invitation to bid or request for proposals from any State | ||||||
23 | agency or otherwise enter into any contract with any State | ||||||
24 | agency for 3 years from the date of the last violation. A | ||||||
25 | notice of each violation and the penalty imposed shall be | ||||||
26 | published in both the Procurement Bulletin and the Illinois |
| |||||||
| |||||||
1 | Register. | ||||||
2 | (e) Any political committee that has received a | ||||||
3 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
4 | amount equal to the value of the contribution to the State no | ||||||
5 | more than 30 calendar days after notice of the violation | ||||||
6 | concerning the contribution appears in the Illinois Register. | ||||||
7 | Payments received by the State
pursuant to this subsection | ||||||
8 | shall be deposited into the general revenue
fund.
| ||||||
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); 96-848, | ||||||
11 | eff. 1-1-10; 97-411, eff. 8-16-11.) | ||||||
12 | (30 ILCS 500/50-38) | ||||||
13 | Sec. 50-38. Lobbying restrictions. | ||||||
14 | (a) A person or business that is let or awarded a contract | ||||||
15 | is not entitled to receive any payment, compensation, or other | ||||||
16 | remuneration from the State to compensate the person or | ||||||
17 | business for any expenses related to travel, lodging, or meals | ||||||
18 | that are paid by the person or business to any officer, agent, | ||||||
19 | employee, consultant, independent contractor, director, | ||||||
20 | partner, manager, or shareholder. | ||||||
21 | (b) Any bidder , or offeror , potential contractor, or | ||||||
22 | contractor on a State contract that hires a person required to | ||||||
23 | register under the Lobbyist Registration Act to assist in | ||||||
24 | obtaining a contract shall (i) disclose all costs, fees, | ||||||
25 | compensation, reimbursements, and other remunerations paid or |
| |||||||
| |||||||
1 | to be paid to the lobbyist related to the contract, (ii) not | ||||||
2 | bill or otherwise cause the State of Illinois to pay for any of | ||||||
3 | the lobbyist's costs, fees, compensation, reimbursements, or | ||||||
4 | other remuneration, and (iii) sign a verification certifying | ||||||
5 | that none of the lobbyist's costs, fees, compensation, | ||||||
6 | reimbursements, or other remuneration were billed to the State. | ||||||
7 | This information, along with all supporting documents, shall be | ||||||
8 | filed with the agency awarding the contract and with the | ||||||
9 | Secretary of State. The chief procurement officer shall post | ||||||
10 | this information, together with the contract award notice, in | ||||||
11 | the online Procurement Bulletin. | ||||||
12 | (c) Ban on contingency fee. No person or entity shall | ||||||
13 | retain a person or entity required to register under the | ||||||
14 | Lobbyist Registration Act to attempt to influence the outcome | ||||||
15 | of a procurement decision made under this Code for compensation | ||||||
16 | contingent in whole or in part upon the decision or | ||||||
17 | procurement. Any person who violates this subsection is guilty | ||||||
18 | of a business offense and shall be fined not more than $10,000. | ||||||
19 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
20 | for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.) | ||||||
21 | (30 ILCS 500/50-39) | ||||||
22 | Sec. 50-39. Procurement communications reporting | ||||||
23 | requirement. | ||||||
24 | (a) Any written or oral communication received by a State | ||||||
25 | employee who, by the nature of his or her duties, has the |
| |||||||
| |||||||
1 | authority to participate personally and substantially in the | ||||||
2 | decision to award a State contract and that imparts or requests | ||||||
3 | material information or makes a material argument regarding | ||||||
4 | potential action concerning an active procurement matter, | ||||||
5 | including, but not limited to, an application, a contract, or a | ||||||
6 | project, shall be reported to the Procurement Policy Board, | ||||||
7 | and, with respect to the Illinois Power Agency, by the | ||||||
8 | initiator of the communication, and may be reported also by the | ||||||
9 | recipient. | ||||||
10 | Any person communicating orally, in writing, | ||||||
11 | electronically, or otherwise with the Director or any person | ||||||
12 | employed by, or associated with, the Illinois Power Agency to | ||||||
13 | impart, solicit, or transfer any information related to the | ||||||
14 | content of any power procurement plan, the manner of conducting | ||||||
15 | any power procurement process, the procurement of any power | ||||||
16 | supply, or the method or structure of contracting with power | ||||||
17 | suppliers must disclose to the Procurement Policy Board the | ||||||
18 | full nature, content, and extent of any such communication in | ||||||
19 | writing by submitting a report with the following information: | ||||||
20 | (1) The names of any party to the communication. | ||||||
21 | (2) The date on which the communication occurred. | ||||||
22 | (3) The time at which the communication occurred. | ||||||
23 | (4) The duration
of the communication. | ||||||
24 | (5) The method (written, oral, etc.) of the | ||||||
25 | communication. | ||||||
26 | (6) A summary of the substantive content
of the |
| |||||||
| |||||||
1 | communication. | ||||||
2 | These communications do not include the following: (i) | ||||||
3 | statements by a person publicly made in a public forum; (ii) | ||||||
4 | statements regarding matters of procedure and practice, such as | ||||||
5 | format, the number of copies required, the manner of filing, | ||||||
6 | and the status of a matter; (iii) statements made by a State | ||||||
7 | employee of the agency to the agency head or other employees of | ||||||
8 | that agency, to the employees of the Executive Ethics | ||||||
9 | Commission, or to an employee of another State agency who, | ||||||
10 | through the communication, is either (a) exercising his or her | ||||||
11 | experience or expertise in the subject matter of the particular | ||||||
12 | procurement in the normal course of business, for official | ||||||
13 | purposes, and at the initiation of the purchasing agency or the | ||||||
14 | appropriate State purchasing officer, or (b) exercising | ||||||
15 | oversight, supervisory, or management authority over the | ||||||
16 | procurement in the normal course of business and as part of | ||||||
17 | official responsibilities; (iv) unsolicited communications | ||||||
18 | providing general information about products, services, or | ||||||
19 | industry best practices before those products or services | ||||||
20 | become involved in a procurement matter; (v) communications | ||||||
21 | received in response to procurement solicitations, including, | ||||||
22 | but not limited to, vendor responses to a request for | ||||||
23 | information, request for proposal, request for qualifications, | ||||||
24 | invitation for bid, or a small purchase, sole source, or | ||||||
25 | emergency solicitation, or questions and answers posted to the | ||||||
26 | Illinois Procurement Bulletin to supplement the procurement |
| |||||||
| |||||||
1 | action, provided that the communications are made in accordance | ||||||
2 | with the instructions contained in the procurement | ||||||
3 | solicitation, procedures, or guidelines; (vi) communications | ||||||
4 | that are privileged, protected, or confidential under law; and | ||||||
5 | (vii) communications that are part of a formal procurement | ||||||
6 | process as set out by statute, rule, or the solicitation, | ||||||
7 | guidelines, or procedures, including, but not limited to, the | ||||||
8 | posting of procurement opportunities, the process for | ||||||
9 | approving a procurement business case or its equivalent, fiscal | ||||||
10 | approval, submission of bids, the finalizing of contract terms | ||||||
11 | and conditions with an awardee or apparent awardee, and similar | ||||||
12 | formal procurement processes. The provisions of this Section | ||||||
13 | shall not apply to communications regarding the administration | ||||||
14 | and implementation of an existing contract, except | ||||||
15 | communications regarding change orders or the renewal or | ||||||
16 | extension of a contract. | ||||||
17 | (b) The report required by subsection (a) shall be | ||||||
18 | submitted monthly and include at least the following: (i) the | ||||||
19 | date and time of each communication; (ii) the identity of each | ||||||
20 | person from whom the written or oral communication was | ||||||
21 | received, the individual or entity represented by that person, | ||||||
22 | and any action the person requested or recommended; (iii) the | ||||||
23 | identity and job title of the person to whom each communication | ||||||
24 | was made; (iv) if a response is made, the identity and job | ||||||
25 | title of the person making each response; (v) a detailed | ||||||
26 | summary of the points made by each person involved in the |
| |||||||
| |||||||
1 | communication; (vi) the duration of the communication; (vii) | ||||||
2 | the location or locations of all persons involved in the | ||||||
3 | communication and, if the communication occurred by telephone, | ||||||
4 | the telephone numbers for the callers and recipients of the | ||||||
5 | communication; and (viii) any other pertinent information. No | ||||||
6 | trade secrets or other proprietary or confidential information | ||||||
7 | shall be included in any communication reported to the | ||||||
8 | Procurement Policy Board. | ||||||
9 | (c) Additionally, when an oral communication made by a | ||||||
10 | person required to register under the Lobbyist Registration Act | ||||||
11 | is received by a State employee that is covered under this | ||||||
12 | Section, all individuals who initiate or participate in the | ||||||
13 | oral communication shall submit a written report to that State | ||||||
14 | employee that memorializes the communication and includes, but | ||||||
15 | is not limited to, the items listed in subsection (b). | ||||||
16 | (d) The Procurement Policy Board shall make each report | ||||||
17 | submitted pursuant to this Section available on its website | ||||||
18 | within 7 calendar days after its receipt of the report. The | ||||||
19 | Procurement Policy Board may promulgate rules to ensure | ||||||
20 | compliance with this Section. | ||||||
21 | (e) The reporting requirements shall also be conveyed | ||||||
22 | through ethics training under the State Officials and Employees | ||||||
23 | Ethics Act. An employee who knowingly and intentionally | ||||||
24 | violates this Section shall be subject to suspension or | ||||||
25 | discharge. The Executive Ethics Commission shall promulgate | ||||||
26 | rules, including emergency rules, to implement this Section. |
| |||||||
| |||||||
1 | (f) This Section becomes operative on January 1, 2011. | ||||||
2 | (g) For purposes of this Section: | ||||||
3 | "Active procurement matter" means a procurement process | ||||||
4 | beginning with requisition or determination of need by an | ||||||
5 | agency and continuing through the publication of an award | ||||||
6 | notice or other completion of a final procurement action, the | ||||||
7 | resolution of any protests, and the expiration of any protest | ||||||
8 | or Procurement Policy Board review period, if applicable. | ||||||
9 | "Active procurement matter" also includes communications | ||||||
10 | relating to change orders, renewals, or extensions. | ||||||
11 | "Material information" means information that a reasonable | ||||||
12 | person would deem important in determining his or her course of | ||||||
13 | action and pertains to significant issues, including, but not | ||||||
14 | limited to, price, quantity, and terms of payment or | ||||||
15 | performance. | ||||||
16 | "Material argument" means a communication that a | ||||||
17 | reasonable person would believe was made for the purpose of | ||||||
18 | influencing a decision relating to a procurement matter. | ||||||
19 | "Material argument" does not include general information about | ||||||
20 | products, services, or industry best practices or a response to | ||||||
21 | a communication initiated by an employee of the State for the | ||||||
22 | purposes of providing information to evaluate new products, | ||||||
23 | trends, services, or technologies. | ||||||
24 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
25 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
26 | eff. 7-1-10; 97-333, eff. 8-12-11; 97-618, eff. 10-26-11; |
| |||||||
| |||||||
1 | 97-895, eff. 8-3-12.)
| ||||||
2 | (30 ILCS 500/50-40)
| ||||||
3 | Sec. 50-40. Reporting anticompetitive practices. When, for | ||||||
4 | any reason,
any
vendor, bidder, offeror, potential contractor, | ||||||
5 | contractor, chief procurement officer, State purchasing
| ||||||
6 | officer, designee, elected official, or State
employee | ||||||
7 | suspects collusion or other anticompetitive practice among any
| ||||||
8 | bidders, offerors, potential contractors, contractors, | ||||||
9 | proposers, or employees of the State, a notice
of the relevant | ||||||
10 | facts shall be transmitted to the Attorney General and the
| ||||||
11 | chief procurement officer.
| ||||||
12 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
13 | (30 ILCS 500/50-45)
| ||||||
14 | Sec. 50-45. Confidentiality. Any chief procurement | ||||||
15 | officer, State
purchasing officer, designee, or executive | ||||||
16 | officer
who willfully uses or allows the use of specifications,
| ||||||
17 | competitive solicitation bid documents, proprietary | ||||||
18 | competitive information, proposals,
contracts, or selection | ||||||
19 | information to compromise the fairness or integrity of
the | ||||||
20 | procurement , bidding, or contract process shall be subject to | ||||||
21 | immediate
dismissal, regardless of the Personnel Code, any | ||||||
22 | contract, or any
collective bargaining agreement, and may in | ||||||
23 | addition be subject to criminal
prosecution.
| ||||||
24 | (Source: P.A. 90-572, eff. 2-6-98.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-70)
| ||||||
2 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
3 | applicable provisions of
the following Acts:
| ||||||
4 | (1) Article 33E of the Criminal Code of 2012;
| ||||||
5 | (2) the Illinois Human Rights Act;
| ||||||
6 | (3) the Discriminatory Club Act;
| ||||||
7 | (4) the Illinois Governmental Ethics Act;
| ||||||
8 | (5) the State Prompt Payment Act;
| ||||||
9 | (6) the Public Officer Prohibited Activities Act;
| ||||||
10 | (7) the Drug Free Workplace Act;
| ||||||
11 | (8) the Illinois Power Agency Act;
| ||||||
12 | (9)
the Employee Classification Act; and
| ||||||
13 | (10) the State Officials and Employees Ethics Act ; and | ||||||
14 | (11) the Department of Employment Security Law . | ||||||
15 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
16 | for the effective date of changes made by P.A. 96-795); | ||||||
17 | 97-1150, eff. 1-25-13.)
| ||||||
18 | (30 ILCS 500/55-10)
| ||||||
19 | Sec. 55-10. Exclusive exercise of powers. On and after
120 | ||||||
20 | calendar days following the effective date of this Act, the
| ||||||
21 | powers granted under this Code shall be exercised exclusively | ||||||
22 | as
granted under this Code, and
no State agency may | ||||||
23 | concurrently exercise any such power, unless
specifically | ||||||
24 | authorized
otherwise by a later enacted law. This Code is not |
| |||||||
| |||||||
1 | intended to
impair any contract entered into
before the | ||||||
2 | effective date of this Act.
| ||||||
3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
4 | Section 10. The Small Business Contracts Act is amended by | ||||||
5 | changing Section 5 and by adding Sections 12 and 25 as follows: | ||||||
6 | (30 ILCS 503/5)
| ||||||
7 | Sec. 5. Definitions. For the purposes of this Act, the | ||||||
8 | following terms shall have the following definitions: | ||||||
9 | "Small business" means a small business as defined in the | ||||||
10 | Illinois Procurement Code. | ||||||
11 | "State contract" means a State contract, as defined in the | ||||||
12 | Illinois Procurement Code, funded with State or federal funds, | ||||||
13 | whether competitively bid or negotiated. | ||||||
14 | "State official or agency" means a department, officer, | ||||||
15 | board, commission, institution, or body politic or corporate of | ||||||
16 | the State.
| ||||||
17 | "Subcontract" means a subcontract, as defined in the | ||||||
18 | Illinois Procurement Code, funded with State or federal funds, | ||||||
19 | whether competitively bid or negotiated. | ||||||
20 | (Source: P.A. 97-307, eff. 8-11-11.) | ||||||
21 | (30 ILCS 503/12 new) | ||||||
22 | Sec. 12. Chief procurement officers; presentation. During | ||||||
23 | each fiscal year, the chief procurement officers appointed |
| |||||||
| |||||||
1 | pursuant to Section 10-20 of the Illinois Procurement Code, | ||||||
2 | individually or as a group, may provide presentations at which | ||||||
3 | small businesses may learn about the contracting process and | ||||||
4 | how to apply for contracts. | ||||||
5 | (30 ILCS 503/25 new) | ||||||
6 | Sec. 25. Rulemaking. Subject to the rule making provision | ||||||
7 | of the Illinois Administrative Procedure Act, each chief | ||||||
8 | procurement officer may adopt rules to implement and administer | ||||||
9 | this Act. | ||||||
10 | Section 15. The Governmental Joint Purchasing Act is | ||||||
11 | amended by changing Sections 1, 3, and 4 as follows:
| ||||||
12 | (30 ILCS 525/1) (from Ch. 85, par. 1601)
| ||||||
13 | Sec. 1.
For the purposes of this Act, "governmental unit" | ||||||
14 | means State of
Illinois, any State agency as defined in Section | ||||||
15 | 1-15.100 of the Illinois Procurement Code, officers of the | ||||||
16 | State of Illinois, any public authority which has the power to | ||||||
17 | tax, or
any other public entity created by statute.
| ||||||
18 | (Source: P.A. 86-769.)
| ||||||
19 | (30 ILCS 525/3) (from Ch. 85, par. 1603)
| ||||||
20 | Sec. 3. Conduct of competitive procurement selection . | ||||||
21 | Under any agreement of governmental units that desire to make | ||||||
22 | joint
purchases pursuant to subsection (a) of Section 2, one of |
| |||||||
| |||||||
1 | the governmental units shall conduct the competitive | ||||||
2 | procurement selection process.
Where the State of Illinois is a | ||||||
3 | party to the joint purchase agreement, the
appropriate chief | ||||||
4 | procurement officer shall conduct or authorize the competitive | ||||||
5 | procurement selection process. Expenses of such competitive | ||||||
6 | procurement selection process may be shared by the | ||||||
7 | participating
governmental units in proportion to the amount of | ||||||
8 | personal property,
supplies or services each unit purchases.
| ||||||
9 | When the State of Illinois is a party to the joint
purchase | ||||||
10 | agreement pursuant to subsection (a) of Section 2, the | ||||||
11 | acceptance of responses to the competitive procurement | ||||||
12 | selection process shall be in
accordance with the Illinois | ||||||
13 | Procurement Code and
rules promulgated under that Code. When | ||||||
14 | the State of
Illinois is not a party to the joint purchase | ||||||
15 | agreement, the
acceptance of responses to the competitive | ||||||
16 | procurement selection process shall be governed by the | ||||||
17 | agreement.
| ||||||
18 | When the State of Illinois is a party to a joint purchase | ||||||
19 | agreement pursuant to subsection (a-5) of Section 2, the State | ||||||
20 | may act as the lead state or as a participant state. When the | ||||||
21 | State of Illinois is the lead state, all such joint purchases | ||||||
22 | shall be conducted in accordance with the Illinois Procurement | ||||||
23 | Code. When Illinois is a participant state, all such joint | ||||||
24 | purchases shall be conducted in accordance with the procurement | ||||||
25 | laws of the lead state; provided that all such joint | ||||||
26 | procurements must be by competitive solicitation process. All |
| |||||||
| |||||||
1 | resulting awards shall be published in the appropriate volume | ||||||
2 | of the Illinois Procurement Bulletin as may be required by | ||||||
3 | Illinois law governing publication of the solicitation, | ||||||
4 | protest, and award of Illinois State contracts. Contracts | ||||||
5 | resulting from a joint purchase shall contain all provisions | ||||||
6 | required by Illinois law and rule. | ||||||
7 | The personal
property, supplies or services involved shall | ||||||
8 | be distributed or rendered
directly to each governmental unit | ||||||
9 | taking part in the purchase. The person
selling the personal | ||||||
10 | property, supplies or services may bill each
governmental unit | ||||||
11 | separately for its proportionate share of the cost of the
| ||||||
12 | personal property, supplies or services purchased.
| ||||||
13 | The credit or liability of each governmental unit shall | ||||||
14 | remain separate
and distinct. Disputes between bidders and | ||||||
15 | governmental units shall be resolved
between the immediate | ||||||
16 | parties.
| ||||||
17 | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| ||||||
18 | (30 ILCS 525/4) (from Ch. 85, par. 1604)
| ||||||
19 | Sec. 4. Bids , offers, and small purchases and proposals . | ||||||
20 | The purchases of all personal property, supplies and services | ||||||
21 | under
this Act , except for small purchases, shall be based on | ||||||
22 | competitive solicitations and shall follow the same procedures | ||||||
23 | used for competitive solicitations made pursuant to the | ||||||
24 | Illinois Procurement Code . For purchases pursuant to | ||||||
25 | subsection (a) of Section 2, bids and offers and proposals |
| |||||||
| |||||||
1 | shall be
solicited by public notice inserted at least once in a | ||||||
2 | newspaper of general
circulation in one of the counties where | ||||||
3 | the materials are to be used and
at least 5 calendar days | ||||||
4 | before the final date of submitting bids or offers or | ||||||
5 | proposals . Where
the State of Illinois is a party to the joint | ||||||
6 | purchase agreement, public
notice soliciting the bids or offers | ||||||
7 | shall be published in the appropriate volume of the Illinois | ||||||
8 | Procurement Bulletin. Such notice shall include a general | ||||||
9 | description of the personal
property, supplies or services to | ||||||
10 | be purchased and shall state where all
blanks and | ||||||
11 | specifications may be obtained and the time and place for the
| ||||||
12 | opening of bids and offers and proposals . The governmental unit | ||||||
13 | conducting the competitive procurement selection process may | ||||||
14 | also
solicit sealed bids or offers or proposals by sending | ||||||
15 | requests by mail to potential contractors prospective | ||||||
16 | suppliers
and by posting notices on a public bulletin board in | ||||||
17 | its office. Small purchases pursuant to this Section shall | ||||||
18 | follow the same procedure used for small purchases in Section | ||||||
19 | 20-20 of the Illinois Procurement Code.
| ||||||
20 | All purchases, orders or contracts shall be awarded to the | ||||||
21 | lowest
responsible bidder or highest-ranked offeror proposer , | ||||||
22 | taking into consideration the qualities of the articles
or | ||||||
23 | services supplied, their conformity with the specifications, | ||||||
24 | their
suitability to the requirements of the participating | ||||||
25 | governmental units and
the delivery terms.
| ||||||
26 | Where the State of Illinois is not a party, all bids or |
| |||||||
| |||||||
1 | offers or proposals may be rejected and
new bids or offers or | ||||||
2 | proposals solicited if one or more of the participating | ||||||
3 | governmental units
believes the public interest may be served | ||||||
4 | thereby. Each bid or offer, or proposal, with the name
of the | ||||||
5 | bidder or offeror, or proposer, shall be entered on a record, | ||||||
6 | which record with the
successful bid or offer, or proposal | ||||||
7 | indicated thereon shall, after the award of the purchase or
| ||||||
8 | order or contract, be open to public inspection. A copy of all | ||||||
9 | contracts
shall be filed with the purchasing office or clerk or | ||||||
10 | secretary of each
participating governmental unit.
| ||||||
11 | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| ||||||
12 | Section 20. The Discriminatory Club Act is amended by | ||||||
13 | changing Section 2 as follows:
| ||||||
14 | (775 ILCS 25/2) (from Ch. 68, par. 102)
| ||||||
15 | Sec. 2.
No private organization which sells goods or | ||||||
16 | services to the
State pursuant to the The Illinois Procurement | ||||||
17 | Code Purchasing Act , nor any private organization
which | ||||||
18 | receives any award or grant from the State, nor any public body | ||||||
19 | may
pay any dues or fees on behalf of its employees or agents | ||||||
20 | or may subsidize
or otherwise reimburse them for payments of | ||||||
21 | their dues or fees to any
discriminating club. The Illinois | ||||||
22 | Department of Human Rights shall
enforce this Section.
| ||||||
23 | (Source: P.A. 85-909.)
|
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act. | ||||||
8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2015. |