Rep. Naomi D. Jakobsson

Filed: 11/7/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1750 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5adding Section 1-13 as follows:
6    (30 ILCS 500/1-13 new)
7    Sec. 1-13. Applicability to public institutions of higher
9    (a) This Code shall apply to public institutions of higher
10education, regardless of the source of the funds with which
11contracts are paid, except as provided in this Section.
12    (b) Except as provided in this Section, this Code shall not
13apply to procurements made by or on behalf of public
14institutions of higher education for any of the following.
15        (1) Memberships in professional, academic, or athletic
16    organizations on behalf of a public institution of higher



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1    education, an employee of a public institution of higher
2    education, or a student at a public institution of higher
3    education.
4        (2) Procurement expenditures for events or activities
5    paid for exclusively by revenues generated by the event or
6    activity, gifts or donations for the event or activity,
7    private grants, or any combination thereof.
8        (3) Procurement expenditures for events or activities
9    for which the use of specific vendors is mandated or
10    identified by the sponsor of the event or activity,
11    provided that the sponsor is providing a majority of the
12    funding for the event or activity.
13        (4) Procurement expenditures necessary to provide
14    artistic or musical services, performances, or productions
15    held at a venue operated by a public institution of higher
16    education.
17        (5) Procurement expenditures for periodicals and books
18    procured for use by a university library or academic
19    department, except for expenditures related to procuring
20    text books for student use or materials for resale or
21    rental.
22Notice of each contract entered into by a public institution of
23higher education that is related to the procurement of goods
24and services identified in items (1) through (4) of this
25subsection shall be published in the Procurement Bulletin
26within 14 days after contract execution. The Chief Procurement



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1Officer shall prescribe the form and content of the notice.
2Each public institution of higher education shall provide the
3Chief Procurement Officer, on a monthly basis, in the form and
4content prescribed by the Chief Procurement Officer, a report
5of contracts that are related to the procurement of goods and
6services identified in this subsection. At a minimum, this
7report shall include the name of the contractor, a description
8of the supply or service provided, the total amount of the
9contract, the term of the contract, and the exception to the
10Code utilized. A copy of any or all of these contracts shall be
11made available to the Chief Procurement Officer immediately
12upon request. The Chief Procurement Officer shall submit a
13report to the Governor and General Assembly no later than
14November 1 of each year that shall include, at a minimum, an
15annual summary of the monthly information reported to the Chief
16Procurement Officer.
17    (c) Procurements made by or on behalf of public
18institutions of higher education for any of the following shall
19be made in accordance with the requirements of this Code to the
20extent practical as provided in this subsection.
21        (1) Contracts with a foreign entity necessary for
22    research or educational activities, provided that the
23    foreign entity either does not maintain an office in the
24    United States or is the sole source of the service or
25    product.
26        (2) Procurements of FDA-regulated goods, products, and



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1    services necessary for the delivery of care and treatment
2    at medical, dental, or veterinary teaching facilities
3    utilized by the University of Illinois or Southern Illinois
4    University.
5        (3) Contracts for programming and broadcast license
6    rights for university-operated radio and television
7    stations.
8        (4) Procurements required for fulfillment of a grant.
9    Upon the written request of a public institution of higher
10education, the Chief Procurement Officer may waive
11registration, certification, and hearing requirements of this
12Code if, based on the item to be procured or the terms of a
13grant, compliance is impractical. The public institution of
14higher education shall provide the Chief Procurement Officer
15with specific reasons for the waiver, including the necessity
16of contracting with a particular vendor, and shall certify that
17an effort was made in good faith to comply with the provisions
18of this Code. The Chief Procurement Officer shall provide
19written justification for any waivers. By November 1 of each
20year, the Chief Procurement Officer shall file a report with
21the General Assembly identifying each contract approved with
22waivers and providing the justification given for any waivers
23for each of those contracts. Notice of each waiver made under
24this subsection shall be published in the Procurement Bulletin
25within 14 days after contract execution. The Chief Procurement
26Officer shall prescribe the form and content of the notice.



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1    (d) Notwithstanding this Section, a waiver of the
2registration requirements of Section 20-160 does not permit a
3business entity and any affiliated entities or affiliated
4persons to make campaign contributions if otherwise prohibited
5by Section 50-37. The total amount of contracts awarded in
6accordance with this Section shall be included in determining
7the aggregate amount of contracts or pending bids of a business
8entity and any affiliated entities or affiliated persons.
9    (e) Notwithstanding subsection (e) of Section 50-10.5 of
10this Code, the Chief Procurement Officer, with the approval of
11the Executive Ethics Commission, may permit a public
12institution of higher education to accept a bid or enter into a
13contract with a business that assisted the public institution
14of higher education in determining whether there is a need for
15a contract or assisted in reviewing, drafting, or preparing
16documents related to a bid or contract, provided that the bid
17or contract is related to research administered by the public
18institution of higher education and it is in the best interest
19of the public institution of higher education to accept the bid
20or contract. For purposes of this subsection, "business"
21includes all individuals with whom a business is affiliated,
22including, but not limited to, any officer, agent, employee,
23consultant, independent contractor, director, partner,
24manager, or shareholder of a business.
25    (f) As used in this Section:
26    "Grant" means non-appropriated funding provided by a



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1federal or private entity to support a project or program
2administered by a public institution of higher education and
3any non-appropriated funding provided to a sub-recipient of the
5    "Public institution of higher education" means Chicago
6State University, Eastern Illinois University, Governors State
7University, Illinois State University, Northeastern Illinois
8University, Northern Illinois University, Southern Illinois
9University, University of Illinois, and Western Illinois
11    (g) This Section is repealed on December 31, 2014.".
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".