Illinois General Assembly - Full Text of HB5491
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Full Text of HB5491  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Barbara Flynn Currie


30 ILCS 500/5-5
30 ILCS 500/20-50
30 ILCS 500/40-5

    Amends the Illinois Procurement Code. Provides that every 3 years, beginning July 1, 2014, the Policy Procurement Board shall contract with an outside vendor to conduct a procurement efficiency review, and shall report the findings from its review together with recommendations for improvement to the Governor and the General Assembly. Provides that "prohibited conduct" includes requested payments or other consideration to a third party by the University or State Agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation. Provides that all State agencies shall, in consultation with the Department of Central Management Services, evaluate the State's existing lease portfolio prior to engaging in a procurement for real property or capital improvements. Effective immediately.

LRB098 18402 JWD 53539 b






HB5491LRB098 18402 JWD 53539 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 5-5, 20-50, and 40-5 as follows:
6    (30 ILCS 500/5-5)
7    Sec. 5-5. Procurement Policy Board.
8    (a) Creation. There is created a Procurement Policy Board,
9an agency of the State of Illinois.
10    (b) Authority and duties. The Board shall have the
11authority and responsibility to review, comment upon, and
12recommend, consistent with this Code, rules and practices
13governing the procurement, management, control, and disposal
14of supplies, services, professional or artistic services,
15construction, and real property and capital improvement leases
16procured by the State. The Board shall also have the authority
17to recommend a program for professional development and provide
18opportunities for training in procurement practices and
19policies to chief procurement officers and their staffs in
20order to ensure that all procurement is conducted in an
21efficient, professional, and appropriately transparent manner.
22    Upon a three-fifths vote of its members, the Board may
23review a contract. Upon a three-fifths vote of its members, the



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1Board may propose procurement rules for consideration by chief
2procurement officers. These proposals shall be published in
3each volume of the Procurement Bulletin. Except as otherwise
4provided by law, the Board shall act upon the vote of a
5majority of its members who have been appointed and are
7    (b-5) Reviews, studies, and hearings. The Board may review,
8study, and hold public hearings concerning the implementation
9and administration of this Code. Each chief procurement
10officer, State purchasing officer, procurement compliance
11monitor, and State agency shall cooperate with the Board,
12provide information to the Board, and be responsive to the
13Board in the Board's conduct of its reviews, studies, and
15    (c) Members. The Board shall consist of 5 members appointed
16one each by the 4 legislative leaders and the Governor. Each
17member shall have demonstrated sufficient business or
18professional experience in the area of procurement to perform
19the functions of the Board. No member may be a member of the
20General Assembly.
21    (d) Terms. Of the initial appointees, the Governor shall
22designate one member, as Chairman, to serve a one-year term,
23the President of the Senate and the Speaker of the House shall
24each appoint one member to serve 3-year terms, and the Minority
25Leader of the House and the Minority Leader of the Senate shall
26each appoint one member to serve 2-year terms. Subsequent terms



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1shall be 4 years. Members may be reappointed for succeeding
3    (e) Reimbursement. Members shall receive no compensation
4but shall be reimbursed for any expenses reasonably incurred in
5the performance of their duties.
6    (f) Staff support. Upon a three-fifths vote of its members,
7the Board may employ an executive director. Subject to
8appropriation, the Board also may employ a reasonable and
9necessary number of staff persons.
10    (g) Meetings. Meetings of the Board may be conducted
11telephonically, electronically, or through the use of other
12telecommunications. Written minutes of such meetings shall be
13created and available for public inspection and copying.
14    (h) Procurement recommendations. Upon a three-fifths vote
15of its members, the Board may review a proposal, bid, or
16contract and issue a recommendation to void a contract or
17reject a proposal or bid based on any violation of this Code or
18the existence of a conflict of interest as described in
19subsections (b) and (d) of Section 50-35. A chief procurement
20officer or State purchasing officer shall notify the Board if
21an alleged conflict of interest or violation of the Code is
22identified, discovered, or reasonably suspected to exist. Any
23person or entity may notify the Board of an alleged conflict of
24interest or violation of the Code. A recommendation of the
25Board shall be delivered to the appropriate chief procurement
26officer and Executive Ethics Commission within 5 days and must



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1be published in the next volume of the Procurement Bulletin. In
2the event that an alleged conflict of interest or violation of
3the Code that was not originally disclosed with the bid, offer,
4or proposal is identified and filed with the Board, the Board
5shall provide written notice of the alleged conflict of
6interest or violation to the contractor or subcontractor on
7that contract. If the alleged conflict of interest or violation
8is by the subcontractor, written notice shall also be provided
9to the contractor. The contractor or subcontractor shall have
1015 days to provide a written response to the notice, and a
11hearing before the Board on the alleged conflict of interest or
12violation shall be held upon request by the contractor or
13subcontractor. The requested hearing date and time shall be
14determined by the Board, but in no event shall the hearing
15occur later than 15 days after the date of the request.
16    (i) After providing notice and a hearing as required by
17subsection (h), the Board shall refer any alleged violations of
18this Code to the Executive Inspector General in addition to or
19instead of issuing a recommendation to void a contract.
20    (j) Procurement Efficiency Study. On or after July 1, 2014,
21and on and after July 1 of every 3 years after that date, the
22Board will solicit, and work in consultation with, an outside
23vendor to review current procurement laws and statewide
24practices, including any process inefficiencies. The Board
25will report the findings from its review together with the
26Board's recommendations to correct found inefficiencies to the



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1Governor and the General Assembly no later that June 30 of the
2year following the solicitation of the study. Each chief
3procurement officer, State purchasing officer, procurement
4compliance monitor, and State agency shall cooperate with the
5Board, including providing information to the Board upon
6request and being otherwise responsive to the Board in the
7Board's conduct of its review.
8(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9for the effective date of changes made by P.A. 96-795); 97-895,
10eff. 8-3-12.)
11    (30 ILCS 500/20-50)
12    Sec. 20-50. Specifications. Specifications shall be
13prepared in accordance with consistent standards that are
14promulgated by the chief procurement officer and reviewed by
15the Board and the Joint Committee on Administrative Rules.
16Those standards shall include a prohibition against the use of
17brand-name only products, except for products intended for
18retail sale or as specified by rule. All specifications shall
19seek to promote overall economy for the purposes intended and
20encourage competition in satisfying the State's needs and shall
21not be unduly restrictive.
22    A solicitation or specification for a contract or a
23contract, including a contract but not limited to of a college,
24university, or institution under the jurisdiction of a
25governing board listed in Section 1-15.100, may not require,



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1stipulate, suggest, or encourage a monetary or other financial
2contribution or donation, cash bonus or incentive, or economic
3investment, or other prohibited conduct as an explicit or
4implied term or condition for awarding or completing the
5contract. The contract, solicitation, or specification also
6may not include a requirement that an individual or individuals
7employed by such a college, university, or institution receive
8a consulting contract for professional services.
9    As used in this Section, "prohibited conduct" includes
10requested payments or other consideration to a third party by
11the university or State agency that is not part of the
12solicitation or that is unrelated to the subject matter or
13purpose of the solicitation. "Prohibited conduct" does not
14include a payment from the vendor that is supported by
15additional consideration (such as exclusive rights to sell
16items or rights to advertise), other than the consideration of
17the State's awarding a contract to purchase of goods and
19(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
20for the effective date of changes made by P.A. 96-795).)
21    (30 ILCS 500/40-5)
22    Sec. 40-5. Applicability. All leases for real property or
23capital improvements, including office and storage space,
24buildings, and other facilities for State agencies, shall be
25procured in accordance with the provisions of this Article. All



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1State agencies shall, in consultation with the Department of
2Central Management Services, evaluate the State's existing
3lease portfolio prior to engaging in a procurement for real
4property or capital improvements.
5(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.