Full Text of SB1401 100th General Assembly
SB1401 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1401 Introduced 2/9/2017, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Expands what public-private agreements are exempt from the Code, and exempts leasing of clinical space and certain funds for collaborative clinical and academic programs from the Code. Re-enacts provisions of the Code concerning the applicability of the Code to artistic or musical services and to public institutions of higher education. Provides that the Executive Ethics Commission may (rather than shall) appoint procurement compliance monitors for certain terms. Makes changes to requirements for competitive sealed bidding and competitive sealed proposals. Increases the small purchase threshold and certain other thresholds to $100,000. Requires contractors to be authorized to conduct business in Illinois at the time of contract execution (rather than at time of proposal or bid). Sets forth requirements for best value procurement. Includes public institutions of higher education in provisions concerning design-build contracts. In provisions concerning preferences for high-gas mileage vehicles, allows an exemption for vehicles based on intended use or other reasonable considerations, such as the health and safety of citizens. Repeals a provisions concerning the use of soybean oil-based inks. Makes other changes. Effective immediately.
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | re-enacting Sections 1-12 and 1-13, by changing Sections 1-10, | 6 | | 1-15.20, 1-15.93, 1-15.107, 5-30, 10-15, 20-10, 20-15, 20-20, | 7 | | 20-43, 20-80, 20-160, 30-30, 35-30, 35-35, and 45-40 and by | 8 | | adding Sections 1-12.1, 1-13.1, 1-15.47, 1-15.48, and 25-85 as | 9 | | follows:
| 10 | | (30 ILCS 500/1-10)
| 11 | | Sec. 1-10. Application.
| 12 | | (a) This Code applies only to procurements for which | 13 | | bidders, offerors, potential contractors, or contractors were | 14 | | first
solicited on or after July 1, 1998. This Code shall not | 15 | | be construed to affect
or impair any contract, or any provision | 16 | | of a contract, entered into based on a
solicitation prior to | 17 | | the implementation date of this Code as described in
Article | 18 | | 99, including but not limited to any covenant entered into with | 19 | | respect
to any revenue bonds or similar instruments.
All | 20 | | procurements for which contracts are solicited between the | 21 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 22 | | substantially in accordance
with this Code and its intent.
| 23 | | (b) This Code shall apply regardless of the source of the |
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| 1 | | funds with which
the contracts are paid, including federal | 2 | | assistance moneys.
This Code shall
not apply to:
| 3 | | (1) Contracts between the State and its political | 4 | | subdivisions or other
governments, or between State | 5 | | governmental bodies except as specifically
provided in | 6 | | this Code.
| 7 | | (2) Grants, except for the filing requirements of | 8 | | Section 20-80.
| 9 | | (3) Purchase of care.
| 10 | | (4) Hiring of an individual as employee and not as an | 11 | | independent
contractor, whether pursuant to an employment | 12 | | code or policy or by contract
directly with that | 13 | | individual.
| 14 | | (5) Collective bargaining contracts.
| 15 | | (6) Purchase of real estate, except that notice of this | 16 | | type of contract with a value of more than $25,000 must be | 17 | | published in the Procurement Bulletin within 10 calendar | 18 | | days after the deed is recorded in the county of | 19 | | jurisdiction. The notice shall identify the real estate | 20 | | purchased, the names of all parties to the contract, the | 21 | | value of the contract, and the effective date of the | 22 | | contract.
| 23 | | (7) Contracts necessary to prepare for anticipated | 24 | | litigation, enforcement
actions, or investigations, | 25 | | provided
that the chief legal counsel to the Governor shall | 26 | | give his or her prior
approval when the procuring agency is |
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| 1 | | one subject to the jurisdiction of the
Governor, and | 2 | | provided that the chief legal counsel of any other | 3 | | procuring
entity
subject to this Code shall give his or her | 4 | | prior approval when the procuring
entity is not one subject | 5 | | to the jurisdiction of the Governor.
| 6 | | (8) Contracts for
services to Northern Illinois | 7 | | University by a person, acting as
an independent | 8 | | contractor, who is qualified by education, experience, and
| 9 | | technical ability and is selected by negotiation for the | 10 | | purpose of providing
non-credit educational service | 11 | | activities or products by means of specialized
programs | 12 | | offered by the university.
| 13 | | (9) Procurement expenditures by the Illinois | 14 | | Conservation Foundation
when only private funds are used.
| 15 | | (10) Procurement expenditures by the Illinois Health | 16 | | Information Exchange Authority involving private funds | 17 | | from the Health Information Exchange Fund. "Private funds" | 18 | | means gifts, donations, and private grants. | 19 | | (11) Public-private agreements entered into in | 20 | | accordance with any law of this State according to the | 21 | | procurement requirements of Section 20 of the | 22 | | Public-Private Partnerships for Transportation Act and | 23 | | design-build agreements entered into according to the | 24 | | procurement requirements of Section 25 of the | 25 | | Public-Private Partnerships for Transportation Act . | 26 | | (12) Contracts for legal, financial, and other |
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| 1 | | professional and artistic services entered into on or | 2 | | before December 31, 2018 by the Illinois Finance Authority | 3 | | in which the State of Illinois is not obligated. Such | 4 | | contracts shall be awarded through a competitive process | 5 | | authorized by the Board of the Illinois Finance Authority | 6 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 7 | | 50-35, and 50-37 of this Code, as well as the final | 8 | | approval by the Board of the Illinois Finance Authority of | 9 | | the terms of the contract. | 10 | | (13) The provisions of this paragraph (13), other than | 11 | | this sentence, are inoperative on and after January 1, 2019 | 12 | | or 2 years after the effective date of this amendatory Act | 13 | | of the 99th General Assembly, whichever is later. Contracts | 14 | | for services, commodities, and equipment to support the | 15 | | delivery of timely forensic science services in | 16 | | consultation with and subject to the approval of the Chief | 17 | | Procurement Officer as provided in subsection (d) of | 18 | | Section 5-4-3a of the Unified Code of Corrections, except | 19 | | for the requirements of Sections 20-60, 20-65, 20-70, and | 20 | | 20-160 and Article 50 of this Code; however, the Chief | 21 | | Procurement Officer may, in writing with justification, | 22 | | waive any certification required under Article 50 of this | 23 | | Code. For any contracts for services which are currently | 24 | | provided by members of a collective bargaining agreement, | 25 | | the applicable terms of the collective bargaining | 26 | | agreement concerning subcontracting shall be followed. |
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| 1 | | Notwithstanding any other provision of law, contracts | 2 | | entered into under item (12) of this subsection (b) shall be | 3 | | published in the Procurement Bulletin within 14 calendar days | 4 | | after contract execution. The chief procurement officer shall | 5 | | prescribe the form and content of the notice. The Illinois | 6 | | Finance Authority shall provide the chief procurement officer, | 7 | | on a monthly basis, in the form and content prescribed by the | 8 | | chief procurement officer, a report of contracts that are | 9 | | related to the procurement of goods and services identified in | 10 | | item (12) of this subsection (b). At a minimum, this report | 11 | | shall include the name of the contractor, a description of the | 12 | | supply or service provided, the total amount of the contract, | 13 | | the term of the contract, and the exception to the Code | 14 | | utilized. A copy of each of these contracts shall be made | 15 | | available to the chief procurement officer immediately upon | 16 | | request. The chief procurement officer shall submit a report to | 17 | | the Governor and General Assembly no later than November 1 of | 18 | | each year that shall include, at a minimum, an annual summary | 19 | | of the monthly information reported to the chief procurement | 20 | | officer. | 21 | | (c) This Code does not apply to the electric power | 22 | | procurement process provided for under Section 1-75 of the | 23 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 24 | | Utilities Act. | 25 | | (d) Except for Section 20-160 and Article 50 of this Code, | 26 | | and as expressly required by Section 9.1 of the Illinois |
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| 1 | | Lottery Law, the provisions of this Code do not apply to the | 2 | | procurement process provided for under Section 9.1 of the | 3 | | Illinois Lottery Law. | 4 | | (e) This Code does not apply to the process used by the | 5 | | Capital Development Board to retain a person or entity to | 6 | | assist the Capital Development Board with its duties related to | 7 | | the determination of costs of a clean coal SNG brownfield | 8 | | facility, as defined by Section 1-10 of the Illinois Power | 9 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 10 | | the Public Utilities Act, including calculating the range of | 11 | | capital costs, the range of operating and maintenance costs, or | 12 | | the sequestration costs or monitoring the construction of clean | 13 | | coal SNG brownfield facility for the full duration of | 14 | | construction. | 15 | | (f) This Code does not apply to the process used by the | 16 | | Illinois Power Agency to retain a mediator to mediate sourcing | 17 | | agreement disputes between gas utilities and the clean coal SNG | 18 | | brownfield facility, as defined in Section 1-10 of the Illinois | 19 | | Power Agency Act, as required under subsection (h-1) of Section | 20 | | 9-220 of the Public Utilities Act. | 21 | | (g) This Code does not apply to the processes used by the | 22 | | Illinois Power Agency to retain a mediator to mediate contract | 23 | | disputes between gas utilities and the clean coal SNG facility | 24 | | and to retain an expert to assist in the review of contracts | 25 | | under subsection (h) of Section 9-220 of the Public Utilities | 26 | | Act. This Code does not apply to the process used by the |
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| 1 | | Illinois Commerce Commission to retain an expert to assist in | 2 | | determining the actual incurred costs of the clean coal SNG | 3 | | facility and the reasonableness of those costs as required | 4 | | under subsection (h) of Section 9-220 of the Public Utilities | 5 | | Act. | 6 | | (h) This Code does not apply to the process to procure or | 7 | | contracts entered into in accordance with Sections 11-5.2 and | 8 | | 11-5.3 of the Illinois Public Aid Code. | 9 | | (i) Each chief procurement officer may access records | 10 | | necessary to review whether a contract, purchase, or other | 11 | | expenditure is or is not subject to the provisions of this | 12 | | Code, unless such records would be subject to attorney-client | 13 | | privilege. | 14 | | (j) This Code does not apply to the process used by the | 15 | | Capital Development Board to retain an artist or work or works | 16 | | of art as required in Section 14 of the Capital Development | 17 | | Board Act. | 18 | | (k) This Code does not apply to the process to procure | 19 | | contracts, or contracts entered into, by the State Board of | 20 | | Elections or the State Electoral Board for hearing officers | 21 | | appointed pursuant to the Election Code. | 22 | | (l) This Code does not apply to leases of clinical space by | 23 | | public institutions of higher education for uses related | 24 | | scientific and medical research. | 25 | | (m) This Code does not apply to services required by | 26 | | academic partners of public institutions of higher education |
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| 1 | | where funds for services are required by the academic partners | 2 | | in order to fund collaborative clinical and academic programs | 3 | | in support of the public institution of higher education. | 4 | | (Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 5 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | 6 | | 1-1-15; 99-801, eff. 1-1-17 .)
| 7 | | (30 ILCS 500/1-12) | 8 | | (Section scheduled to be repealed on December 31, 2016) | 9 | | Sec. 1-12. Applicability to artistic or musical services. | 10 | | (a) This Code shall
not apply to procurement expenditures | 11 | | necessary to provide artistic or musical services, | 12 | | performances, or theatrical productions held at a venue | 13 | | operated or leased by a State agency. | 14 | | (b) Notice of each contract entered into by a State agency | 15 | | that is related to the procurement of goods and services | 16 | | identified in this Section shall be published in the Illinois | 17 | | Procurement Bulletin within 14 calendar days after contract | 18 | | execution. The chief procurement officer shall prescribe the | 19 | | form and content of the notice. Each State agency shall provide | 20 | | the chief procurement officer, on a monthly basis, in the form | 21 | | and content prescribed by the chief procurement officer, a | 22 | | report of contracts that are related to the procurement of | 23 | | goods and services identified in this Section. At a minimum, | 24 | | this report shall include the name of the contractor, a | 25 | | description of the supply or service provided, the total amount |
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| 1 | | of the contract, the term of the contract, and the exception to | 2 | | the Code utilized. A copy of any or all of these contracts | 3 | | shall be made available to the chief procurement officer | 4 | | immediately upon request. The chief procurement officer shall | 5 | | submit a report to the Governor and General Assembly no later | 6 | | than November 1 of each year that shall include, at a minimum, | 7 | | an annual summary of the monthly information reported to the | 8 | | chief procurement officer. | 9 | | (c) (Blank).
This Section is repealed December 31, 2016.
| 10 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 11 | | (30 ILCS 500/1-12.1 new) | 12 | | Sec. 1-12.1. Continuation of Section 1-12 of this Code; | 13 | | validation. | 14 | | (a) The General Assembly finds and declares that: | 15 | | (1) This amendatory Act of the 100th General Assembly | 16 | | manifests the intention of the General Assembly to remove | 17 | | the repeal of Section 1-12 of this Code. | 18 | | (2) Section 1-12 of this Code was originally enacted to | 19 | | protect, promote, and preserve the general welfare. Any | 20 | | construction of Section 1-12 of this Code that results in | 21 | | the repeal of that Section on December 31, 2016 would be | 22 | | inconsistent with the manifest intent of the General | 23 | | Assembly and repugnant to the context of this Code. | 24 | | (b) It is hereby declared to have been the intent of the | 25 | | General Assembly that Section 1-12 of this Code not be subject |
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| 1 | | to repeal on December 31, 2016. | 2 | | (c) Section 1-12 of this Code shall be deemed to have been | 3 | | in continuous effect since August 3, 2012 (the effective date | 4 | | of Public Act 97-895), and it shall continue to be in effect | 5 | | henceforward until it is otherwise lawfully repealed. All | 6 | | previously enacted amendments to Section 1-12 of this Code | 7 | | taking effect on or after December 31, 2016, are hereby | 8 | | validated. | 9 | | (d) All actions taken in reliance on or pursuant to Section | 10 | | 1-12 of this Code in the procurement of artistic or musical | 11 | | services are hereby validated. | 12 | | (e) In order to ensure the continuing effectiveness of | 13 | | Section 1-12 of this Code, it is set forth in full and | 14 | | re-enacted by this amendatory Act of the 100th General | 15 | | Assembly. This re-enactment is intended as a continuation of | 16 | | that Section. It is not intended to supersede any amendment to | 17 | | that Section that is enacted by the 100th General Assembly. | 18 | | (f) In this amendatory Act of the 100th General Assembly, | 19 | | the base text of the reenacted Section is set forth as amended | 20 | | by Public Act 98-1076. Striking and underscoring is used only | 21 | | to show changes being made to the base text. | 22 | | (g) Section 1-12 of this Code applies to all procurements | 23 | | made on or before the effective date of this amendatory Act of | 24 | | the 100th General Assembly. | 25 | | (30 ILCS 500/1-13) |
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| 1 | | (Section scheduled to be repealed on December 31, 2016) | 2 | | Sec. 1-13. Applicability to public institutions of higher | 3 | | education. | 4 | | (a) This Code shall apply to public institutions of higher | 5 | | education, regardless of the source of the funds with which | 6 | | contracts are paid, except as provided in this Section. | 7 | | (b) Except as provided in this Section, this Code shall not | 8 | | apply to procurements made by or on behalf of public | 9 | | institutions of higher education for any of the following: | 10 | | (1) Memberships in professional, academic, research, | 11 | | or athletic organizations on behalf of a public institution | 12 | | of higher education, an employee of a public institution of | 13 | | higher education, or a student at a public institution of | 14 | | higher education. | 15 | | (2) Procurement expenditures for events or activities | 16 | | paid for exclusively by revenues generated by the event or | 17 | | activity, gifts or donations for the event or activity, | 18 | | private grants, or any combination thereof. | 19 | | (3) Procurement expenditures for events or activities | 20 | | for which the use of specific potential contractors is | 21 | | mandated or identified by the sponsor of the event or | 22 | | activity, provided that the sponsor is providing a majority | 23 | | of the funding for the event or activity. | 24 | | (4) Procurement expenditures necessary to provide | 25 | | athletic, artistic or musical services, performances, | 26 | | events, or productions held at a venue operated by or for a |
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| 1 | | public institution of higher education. | 2 | | (5) Procurement expenditures for periodicals and | 3 | | books , subscriptions, database licenses, and other | 4 | | publications procured for use by a university library or | 5 | | academic department, except for expenditures related to | 6 | | procuring textbooks for student use or materials for resale | 7 | | or rental. | 8 | | (6) Procurement expenditures for placement of students | 9 | | in externships, practicums, field experiences, and for | 10 | | medical residencies and rotations. | 11 | | (7) Contracts for programming and broadcast license | 12 | | rights for university-operated radio and television | 13 | | stations. | 14 | | (8) Procurement expenditures necessary to perform | 15 | | sponsored research and other sponsored activities under | 16 | | grants and contracts funded by the sponsor or by sources | 17 | | other than State appropriations. | 18 | | (9) Contracts with a foreign entity for research or | 19 | | educational activities, provided that the foreign entity | 20 | | either does not maintain an office in the United States or | 21 | | is the sole source of the service or product. | 22 | | (10) Procurement of food items for commercial resale on | 23 | | the campus of or at a facility controlled by an institution | 24 | | of higher education. | 25 | | Notice of each contract entered into by a public institution of | 26 | | higher education that is related to the procurement of goods |
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| 1 | | and services identified in items (1) through (10) (7) of this | 2 | | subsection shall be published in the Procurement Bulletin | 3 | | within 14 calendar days after contract execution. The Chief | 4 | | Procurement Officer shall prescribe the form and content of the | 5 | | notice. Each public institution of higher education shall | 6 | | provide the Chief Procurement Officer, on a monthly basis, in | 7 | | the form and content prescribed by the Chief Procurement | 8 | | Officer, a report of contracts that are related to the | 9 | | procurement of goods and services identified in this | 10 | | subsection. At a minimum, this report shall include the name of | 11 | | the contractor, a description of the supply or service | 12 | | provided, the total amount of the contract, the term of the | 13 | | contract, and the exception to the Code utilized. A copy of any | 14 | | or all of these contracts shall be made available to the Chief | 15 | | Procurement Officer immediately upon request. The Chief | 16 | | Procurement Officer shall submit a report to the Governor and | 17 | | General Assembly no later than November 1 of each year that | 18 | | shall include, at a minimum, an annual summary of the monthly | 19 | | information reported to the Chief Procurement Officer. | 20 | | (b-5) Except as provided in this subsection, the provisions | 21 | | of this Code shall not apply to contracts for medical | 22 | | FDA-regulated supplies, and to contracts for medical services | 23 | | necessary for the delivery of care and treatment at medical, | 24 | | dental, or veterinary teaching facilities utilized by Southern | 25 | | Illinois University or the University of Illinois and at any | 26 | | university-operated health care center or dispensary that |
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| 1 | | provides care, treatment, and medications for students, | 2 | | faculty and staff . Other supplies and services needed for these | 3 | | teaching facilities shall be subject to the jurisdiction of the | 4 | | Chief Procurement Officer for Public Institutions of Higher | 5 | | Education who may establish expedited procurement procedures | 6 | | and may waive or modify certification, contract, hearing, | 7 | | process and registration requirements required by the Code. All | 8 | | procurements made under this subsection shall be documented and | 9 | | may require publication in the Illinois Procurement Bulletin. | 10 | | (c) Procurements made by or on behalf of public | 11 | | institutions of higher education for any of the following shall | 12 | | be made in accordance with the requirements of this Code to the | 13 | | extent practical as provided in this subsection: | 14 | | (1) Contracts with a foreign entity necessary for | 15 | | research or educational activities, provided that the | 16 | | foreign entity either does not maintain an office in the | 17 | | United States or is the sole source of the service or | 18 | | product. | 19 | | (2) (Blank). | 20 | | (3) (Blank). | 21 | | (4) Procurements required for fulfillment of a grant. | 22 | | Upon the written request of a public institution of higher | 23 | | education, the Chief Procurement Officer may waive | 24 | | registration, certification, and hearing requirements of this | 25 | | Code if, based on the item to be procured or the terms of a | 26 | | grant, compliance is impractical. The public institution of |
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| 1 | | higher education shall provide the Chief Procurement Officer | 2 | | with specific reasons for the waiver, including the necessity | 3 | | of contracting with a particular potential contractor, and | 4 | | shall certify that an effort was made in good faith to comply | 5 | | with the provisions of this Code. The Chief Procurement Officer | 6 | | shall provide written justification for any waivers. By | 7 | | November 1 of each year, the Chief Procurement Officer shall | 8 | | file a report with the General Assembly identifying each | 9 | | contract approved with waivers and providing the justification | 10 | | given for any waivers for each of those contracts. Notice of | 11 | | each waiver made under this subsection shall be published in | 12 | | the Procurement Bulletin within 14 calendar days after contract | 13 | | execution. The Chief Procurement Officer shall prescribe the | 14 | | form and content of the notice. | 15 | | (d) Notwithstanding this Section, a waiver of the | 16 | | registration requirements of Section 20-160 does not permit a | 17 | | business entity and any affiliated entities or affiliated | 18 | | persons to make campaign contributions if otherwise prohibited | 19 | | by Section 50-37. The total amount of contracts awarded in | 20 | | accordance with this Section shall be included in determining | 21 | | the aggregate amount of contracts or pending bids of a business | 22 | | entity and any affiliated entities or affiliated persons. | 23 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 24 | | this Code, the Chief Procurement Officer, with the approval of | 25 | | the Executive Ethics Commission, may permit a public | 26 | | institution of higher education to accept a bid or enter into a |
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| 1 | | contract with a business that assisted the public institution | 2 | | of higher education in determining whether there is a need for | 3 | | a contract or assisted in reviewing, drafting, or preparing | 4 | | documents related to a bid or contract, provided that the bid | 5 | | or contract is essential to research administered by the public | 6 | | institution of higher education and it is in the best interest | 7 | | of the public institution of higher education to accept the bid | 8 | | or contract. For purposes of this subsection, "business" | 9 | | includes all individuals with whom a business is affiliated, | 10 | | including, but not limited to, any officer, agent, employee, | 11 | | consultant, independent contractor, director, partner, | 12 | | manager, or shareholder of a business. The Executive Ethics | 13 | | Commission may promulgate rules and regulations for the | 14 | | implementation and administration of the provisions of this | 15 | | subsection (e). | 16 | | (f) As used in this Section: | 17 | | "Grant" means non-appropriated funding provided by a | 18 | | federal or private entity to support a project or program | 19 | | administered by a public institution of higher education and | 20 | | any non-appropriated funding provided to a sub-recipient of the | 21 | | grant. | 22 | | "Public institution of higher education" means Chicago | 23 | | State University, Eastern Illinois University, Governors State | 24 | | University, Illinois State University, Northeastern Illinois | 25 | | University, Northern Illinois University, Southern Illinois | 26 | | University, University of Illinois, Western Illinois |
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| 1 | | University, and, for purposes of this Code only, the Illinois | 2 | | Mathematics and Science Academy. | 3 | | (g) (Blank). This Section is repealed on December 31, 2016.
| 4 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | 5 | | 98-1076, eff. 1-1-15 .) | 6 | | (30 ILCS 500/1-13.1 new) | 7 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | 8 | | validation. | 9 | | (a) The General Assembly finds and declares that: | 10 | | (1) Public Act 98-1076, which took effect on January 1, | 11 | | 2015, changed the repeal date set for Section 1-13 of this | 12 | | Code from December 31, 2014 to December 31, 2016. | 13 | | (2) The Statute on Statutes sets forth general rules on | 14 | | the repeal of statutes and the construction of multiple | 15 | | amendments, but Section 1 of that Act also states that | 16 | | these rules will not be observed when the result would be | 17 | | "inconsistent with the manifest intent of the General | 18 | | Assembly or repugnant to the context of the statute". | 19 | | (3) This amendatory Act of the 100th General Assembly | 20 | | manifests the intention of the General Assembly to remove | 21 | | the repeal of Section 1-13 of this Code. | 22 | | (4) Section 1-13 of this Code was originally enacted to | 23 | | protect, promote, and preserve the general welfare. Any | 24 | | construction of Section 1-13 of this Code that results in | 25 | | the repeal of that Section on December 31, 2014 would be |
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| 1 | | inconsistent with the manifest intent of the General | 2 | | Assembly and repugnant to the context of this Code. | 3 | | (b) It is hereby declared to have been the intent of the | 4 | | General Assembly that Section 1-13 of this Code not be subject | 5 | | to repeal on December 31, 2014. | 6 | | (c) Section 1-13 of this Code shall be deemed to have been | 7 | | in continuous effect since December 20, 2011 (the effective | 8 | | date of Public Act 97-643), and it shall continue to be in | 9 | | effect henceforward until it is otherwise lawfully repealed. | 10 | | All previously enacted amendments to Section 1-13 of this Code | 11 | | taking effect on or after December 31, 2014, are hereby | 12 | | validated. | 13 | | (d) All actions taken in reliance on or pursuant to Section | 14 | | 1-13 of this Code by any public institution of higher | 15 | | education, person, or entity are hereby validated. | 16 | | (e) In order to ensure the continuing effectiveness of | 17 | | Section 1-13 of this Code, it is set forth in full and | 18 | | re-enacted by this amendatory Act of the 100th General | 19 | | Assembly. This re-enactment is intended as a continuation of | 20 | | that Section. It is not intended to supersede any amendment to | 21 | | that Section that is enacted by the 100th General Assembly. | 22 | | (f) In this amendatory Act of the 100th General Assembly, | 23 | | the base text of the reenacted Section is set forth as amended | 24 | | by Public Act 98-1076. Striking and underscoring is used only | 25 | | to show changes being made to the base text. In this instance, | 26 | | no underscoring or striking is shown in the base text because |
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| 1 | | no additional changes are being made. | 2 | | (g) Section 1-13 of this Code applies to all procurements | 3 | | made on or before the effective date of this amendatory Act of | 4 | | the 100th General Assembly.
| 5 | | (30 ILCS 500/1-15.20)
| 6 | | Sec. 1-15.20. Construction , and construction-related | 7 | | services , and construction support services .
"Construction" | 8 | | means
building, altering, repairing,
improving, or demolishing | 9 | | any public structure or building, or
making improvements of any | 10 | | kind
to public real property. Construction does not include the
| 11 | | routine operation, routine repair, or
routine maintenance of | 12 | | existing structures, buildings, or real
property.
| 13 | | "Construction-related services" means those services | 14 | | including construction
design, layout, inspection, support, | 15 | | feasibility or location study, research,
development, | 16 | | planning, or other investigative study undertaken by a
| 17 | | construction agency concerning construction or potential | 18 | | construction.
| 19 | | "Construction support" means all equipment, supplies, and | 20 | | services that are necessary to the operation of a construction | 21 | | agency's construction program. "Construction support" does not | 22 | | include construction-related services. | 23 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 24 | | (30 ILCS 500/1-15.47 new) |
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| 1 | | Sec. 1-15.47. Master contract. "Master contract" means a | 2 | | definite quantity, indefinite quantity, or requirements | 3 | | contract awarded in accordance with this Code, against which | 4 | | subsequent orders may be placed to meet the needs of a State | 5 | | purchasing entity. A master contract may be for use by a single | 6 | | State purchasing entity or for multiple State purchasing | 7 | | entities and other entities as authorized under the | 8 | | Governmental Joint Purchasing Act. | 9 | | (30 ILCS 500/1-15.48 new) | 10 | | Sec. 1-15.48. Multiple award. "Multiple award" means an | 11 | | award that is made to 2 or more bidders or offerors for similar | 12 | | supplies, services, or construction-related services. | 13 | | (30 ILCS 500/1-15.93) | 14 | | (Section scheduled to be repealed on January 1, 2020) | 15 | | Sec. 1-15.93. Single prime. "Single prime" means the | 16 | | design-bid-build procurement delivery method for a building | 17 | | construction project in which the Capital Development Board or | 18 | | a public institution of higher education is the construction | 19 | | agency procuring 2 or more subdivisions of work enumerated in | 20 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 21 | | of this Code under a single contract. This Section is repealed | 22 | | on January 1, 2020.
| 23 | | (Source: P.A. 99-257, eff. 8-4-15.) |
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| 1 | | (30 ILCS 500/1-15.107) | 2 | | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | 3 | | between a person and a person who has a contract subject to | 4 | | this Code, pursuant to which the subcontractor provides to the | 5 | | contractor, or, if the contract price exceeds $100,000 $50,000 , | 6 | | another subcontractor, some or all of the goods, services, real | 7 | | property, remuneration, or other monetary forms of | 8 | | consideration that are the subject of the primary contract and | 9 | | includes, among other things, subleases from a lessee of a | 10 | | State agency. For purposes of this Code, a "subcontract" does | 11 | | not include purchases of goods or supplies that are incidental | 12 | | to the performance of a contract by a person who has a contract | 13 | | subject to this Code.
| 14 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 15 | | (30 ILCS 500/5-30) | 16 | | Sec. 5-30. Proposed contracts; Procurement Policy Board. | 17 | | (a) Except as provided in subsection (c), within 14 30 | 18 | | calendar days after notice of the awarding or letting of a | 19 | | contract has appeared in the Procurement Bulletin in accordance | 20 | | with subsection (b) of Section 15-25, the Board may request in | 21 | | writing from the contracting agency and the contracting agency | 22 | | shall promptly, but in no event later than 7 calendar days | 23 | | after receipt of the request, provide to the Board, by | 24 | | electronic or other means satisfactory to the Board, | 25 | | documentation in the possession of the contracting agency |
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| 1 | | concerning the proposed contract. Nothing in this subsection is | 2 | | intended to waive or abrogate any privilege or right of | 3 | | confidentiality authorized by law. | 4 | | (b) No contract subject to this Section may be entered into | 5 | | until the 14-day 30-day period described in subsection (a) has | 6 | | expired, unless the contracting agency requests in writing that | 7 | | the Board waive the period and the Board grants the waiver in | 8 | | writing.
| 9 | | (c) This Section does not apply to (i) contracts entered | 10 | | into under this Code for small and emergency procurements as | 11 | | those procurements are defined in Article 20 and (ii) contracts | 12 | | for professional and artistic services that are nonrenewable, | 13 | | one year or less in duration, and have a value of less than | 14 | | $20,000. If requested in writing by the Board, however, the | 15 | | contracting agency must promptly, but in no event later than 10 | 16 | | calendar days after receipt of the request, transmit to the | 17 | | Board a copy of the contract for an emergency procurement and | 18 | | documentation in the possession of the contracting agency | 19 | | concerning the contract.
| 20 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 21 | | (30 ILCS 500/10-15)
| 22 | | Sec. 10-15. Procurement compliance monitors. | 23 | | (a) The Executive Ethics Commission may shall appoint | 24 | | procurement compliance monitors to oversee and review the | 25 | | procurement processes. Each procurement compliance monitor |
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| 1 | | shall serve a term of 5 years beginning on the date of the | 2 | | officer's appointment. Each procurement compliance monitor | 3 | | appointed pursuant to this Section and serving a 5-year term on | 4 | | the effective date of this amendatory Act of the 100th General | 5 | | Assembly shall have an office located in the State agency that | 6 | | the monitor serves but shall report to and serve at the | 7 | | discretion of a the appropriate chief procurement officer in | 8 | | the performance of procurement-related duties until the | 9 | | expiration of the monitor's term . The compliance monitor shall | 10 | | have direct communications with the executive officer of a | 11 | | State agency in exercising duties. A procurement compliance | 12 | | monitor may be removed only for cause after a hearing by the | 13 | | Executive Ethics Commission. The appropriate chief procurement | 14 | | officer or executive officer of the State agency housing the | 15 | | procurement compliance monitor may institute a complaint | 16 | | against the procurement compliance monitor with the Commission | 17 | | and the Commission shall hold a public hearing based on the | 18 | | complaint. The procurement compliance monitor, State | 19 | | purchasing officer, appropriate chief procurement officer, and | 20 | | executive officer of the State agency shall receive notice of | 21 | | the hearing and shall be permitted to present their respective | 22 | | arguments on the complaint. After the hearing, the Commission | 23 | | shall determine whether the procurement compliance monitor | 24 | | shall be removed. The salary of a procurement compliance | 25 | | monitor shall be established by the Executive Ethics Commission | 26 | | and may not be diminished during the officer's term. |
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| 1 | | (b) The procurement compliance monitor shall: (i) review | 2 | | any procurement, contract, or contract amendment as directed by | 3 | | the Executive Ethics Commission or a chief procurement officer; | 4 | | and (ii) report any findings of the review, in writing, to the | 5 | | Commission, the affected agency, the chief procurement officer | 6 | | responsible for the affected agency, and any entity requesting | 7 | | the review. The procurement compliance monitor may: (i) review | 8 | | each contract or contract amendment prior to execution to | 9 | | ensure that applicable procurement and contracting standards | 10 | | were followed; (ii) attend any procurement meetings; (iii) | 11 | | access any records or files related to procurement; (iv) issue | 12 | | reports to the chief procurement officer on procurement issues | 13 | | that present issues or that have not been corrected after | 14 | | consultation with appropriate State officials; (v) ensure the | 15 | | State agency is maintaining appropriate records; and (vi) | 16 | | ensure transparency of the procurement process. | 17 | | (c) If the procurement compliance monitor is aware of | 18 | | misconduct, waste, or inefficiency with respect to State | 19 | | procurement, the procurement compliance monitor shall advise | 20 | | the State agency of the issue in writing. If the State agency | 21 | | does not correct the issue, the monitor shall report the | 22 | | problem, in writing, to the chief procurement officer and | 23 | | Inspector General.
| 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); 97-895, | 26 | | eff. 8-3-12.)
|
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| 1 | | (30 ILCS 500/20-10)
| 2 | | (Text of Section before amendment by P.A. 99-906 )
| 3 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 4 | | and 98-1076) | 5 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 6 | | (a) Conditions for use. All contracts shall be awarded by
| 7 | | competitive sealed bidding
except as otherwise provided in | 8 | | Section 20-5.
| 9 | | (b) Invitation for bids. An invitation for bids shall be
| 10 | | issued and shall include a
purchase description and the | 11 | | material contractual terms and
conditions applicable to the
| 12 | | procurement.
| 13 | | (c) Public notice. Public notice of the invitation for bids | 14 | | shall be
published in the Illinois Procurement Bulletin at | 15 | | least 14 calendar days before the date
set in the invitation | 16 | | for the opening of bids.
| 17 | | (d) Bid opening. Bids shall be opened publicly in the
| 18 | | presence of one or more witnesses
at the time and place | 19 | | designated in the invitation for bids. The
name of each bidder, | 20 | | the amount
of each bid, and other relevant information as may | 21 | | be specified by
rule shall be
recorded. After the award of the | 22 | | contract, the winning bid and the
record of each unsuccessful | 23 | | bid shall be open to
public inspection.
| 24 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 25 | | unconditionally accepted without
alteration or correction, |
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| 1 | | except as authorized in this Code. Bids
shall be evaluated | 2 | | based on the
requirements set forth in the invitation for bids, | 3 | | which may
include criteria to determine
acceptability such as | 4 | | inspection, testing, quality, workmanship,
delivery, and | 5 | | suitability for a
particular purpose. Those criteria that will | 6 | | affect the bid price
and be considered in evaluation
for award, | 7 | | such as discounts, transportation costs, and total or
life | 8 | | cycle costs, shall be
objectively measurable. The invitation | 9 | | for bids shall set forth
the evaluation criteria to be used.
| 10 | | (f) Correction or withdrawal of bids. Correction or
| 11 | | withdrawal of inadvertently
erroneous bids before or after | 12 | | award, or cancellation of awards of
contracts based on bid
| 13 | | mistakes, shall be permitted in accordance with rules.
After | 14 | | bid opening, no
changes in bid prices or other provisions of | 15 | | bids prejudicial to
the interest of the State or fair
| 16 | | competition shall be permitted. All decisions to permit the
| 17 | | correction or withdrawal of bids
based on bid mistakes shall be | 18 | | supported by written determination
made by a State purchasing | 19 | | officer.
| 20 | | (g) Award. The contract shall be awarded with reasonable
| 21 | | promptness by written notice
to the lowest responsible and | 22 | | responsive bidder whose bid meets
the requirements and criteria
| 23 | | set forth in the invitation for bids, except when a State | 24 | | purchasing officer
determines it is not in the best interest of | 25 | | the State and by written
explanation determines another bidder | 26 | | shall receive the award. The explanation
shall appear in the |
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| 1 | | appropriate volume of the Illinois Procurement Bulletin. The | 2 | | written explanation must include:
| 3 | | (1) a description of the agency's needs; | 4 | | (2) a determination that the anticipated cost will be | 5 | | fair and reasonable; | 6 | | (3) a listing of all responsible and responsive | 7 | | bidders; and | 8 | | (4) the name of the bidder selected, the total contract | 9 | | price, and the reasons for selecting that bidder. | 10 | | When a multiple award is contemplated, the solicitation | 11 | | shall identify the award criteria and a detailed method of | 12 | | selecting from among the multiple awardees. | 13 | | Each chief procurement officer may adopt guidelines to | 14 | | implement the requirements of this subsection (g). | 15 | | The written explanation shall be filed with the Legislative | 16 | | Audit Commission and the Procurement Policy Board, and be made | 17 | | available for inspection by the public, within 30 calendar days | 18 | | after the agency's decision to award the contract. | 19 | | (h) Multi-step sealed bidding. When it is considered
| 20 | | impracticable to initially prepare
a purchase description to | 21 | | support an award based on price, an
invitation for bids may be | 22 | | issued
requesting the submission of unpriced offers to be | 23 | | followed by written requests for sealed quotes with pricing to | 24 | | meet the need and an
invitation for bids limited to the pool of
| 25 | | those bidders whose offers have been qualified under the | 26 | | criteria
set forth in the first solicitation. An award shall be |
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| 1 | | made to the responsible vendor with the lowest priced quote | 2 | | meeting the needs of the State agency as needs are determined | 3 | | by the State agency.
| 4 | | (i) Alternative procedures. Notwithstanding any other | 5 | | provision of this Act to the contrary, the Director of the | 6 | | Illinois Power Agency may create alternative bidding | 7 | | procedures to be used in procuring professional services under | 8 | | subsection (a) of Section 1-75 and subsection (d) of Section | 9 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 10 | | of the Public Utilities Act and to procure renewable energy | 11 | | resources under Section 1-56 of the Illinois Power Agency Act. | 12 | | These alternative procedures shall be set forth together with | 13 | | the other criteria contained in the invitation for bids, and | 14 | | shall appear in the appropriate volume of the Illinois | 15 | | Procurement Bulletin.
| 16 | | (j) Reverse auction. Notwithstanding any other provision | 17 | | of this Section and in accordance with rules adopted by the | 18 | | chief procurement officer, that chief procurement officer may | 19 | | procure supplies or services through a competitive electronic | 20 | | auction bidding process after the chief procurement officer | 21 | | determines that the use of such a process will be in the best | 22 | | interest of the State. The chief procurement officer shall | 23 | | publish that determination in his or her next volume of the | 24 | | Illinois Procurement Bulletin. | 25 | | An invitation for bids shall be issued and shall include | 26 | | (i) a procurement description, (ii) all contractual terms, |
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| 1 | | whenever practical, and (iii) conditions applicable to the | 2 | | procurement, including a notice that bids will be received in | 3 | | an electronic auction manner. | 4 | | Public notice of the invitation for bids shall be given in | 5 | | the same manner as provided in subsection (c). | 6 | | Bids shall be accepted electronically at the time and in | 7 | | the manner designated in the invitation for bids. During the | 8 | | auction, a bidder's price shall be disclosed to other bidders. | 9 | | Bidders shall have the opportunity to reduce their bid prices | 10 | | during the auction. At the conclusion of the auction, the | 11 | | record of the bid prices received and the name of each bidder | 12 | | shall be open to public inspection. | 13 | | After the auction period has terminated, withdrawal of bids | 14 | | shall be permitted as provided in subsection (f). | 15 | | The contract shall be awarded within 60 calendar days after | 16 | | the auction by written notice to the lowest responsible bidder, | 17 | | or all bids shall be rejected except as otherwise provided in | 18 | | this Code. Extensions of the date for the award may be made by | 19 | | mutual written consent of the State purchasing officer and the | 20 | | lowest responsible bidder. | 21 | | This subsection does not apply to (i) procurements of | 22 | | professional and artistic services, (ii) telecommunications | 23 | | services, communication services, and information services, | 24 | | and (iii) contracts for construction projects, including | 25 | | design professional services. | 26 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; |
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| 1 | | 98-1076, eff. 1-1-15.)
| 2 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 3 | | and 98-1076)
| 4 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 5 | | (a) Conditions for use. All contracts shall be awarded by
| 6 | | competitive sealed bidding
except as otherwise provided in | 7 | | Section 20-5.
| 8 | | (b) Invitation for bids. An invitation for bids shall be
| 9 | | issued and shall include a
purchase description and the | 10 | | material contractual terms and
conditions applicable to the
| 11 | | procurement.
| 12 | | (c) Public notice. Public notice of the invitation for bids | 13 | | shall be
published in the Illinois Procurement Bulletin at | 14 | | least 14 calendar days before the date
set in the invitation | 15 | | for the opening of bids.
| 16 | | (d) Bid opening. Bids shall be opened publicly in the
| 17 | | presence of one or more witnesses
at the time and place | 18 | | designated in the invitation for bids. The
name of each bidder, | 19 | | the amount
of each bid, and other relevant information as may | 20 | | be specified by
rule shall be
recorded. After the award of the | 21 | | contract, the winning bid and the
record of each unsuccessful | 22 | | bid shall be open to
public inspection.
| 23 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 24 | | unconditionally accepted without
alteration or correction, | 25 | | except as authorized in this Code. Bids
shall be evaluated |
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| 1 | | based on the
requirements set forth in the invitation for bids, | 2 | | which may
include criteria to determine
acceptability such as | 3 | | inspection, testing, quality, workmanship,
delivery, and | 4 | | suitability for a
particular purpose. Those criteria that will | 5 | | affect the bid price
and be considered in evaluation
for award, | 6 | | such as discounts, transportation costs, and total or
life | 7 | | cycle costs, shall be
objectively measurable. The invitation | 8 | | for bids shall set forth
the evaluation criteria to be used.
| 9 | | (f) Correction or withdrawal of bids. Correction or
| 10 | | withdrawal of inadvertently
erroneous bids before or after | 11 | | award, or cancellation of awards of
contracts based on bid
| 12 | | mistakes, shall be permitted in accordance with rules.
After | 13 | | bid opening, no
changes in bid prices or other provisions of | 14 | | bids prejudicial to
the interest of the State or fair
| 15 | | competition shall be permitted. All decisions to permit the
| 16 | | correction or withdrawal of bids
based on bid mistakes shall be | 17 | | supported by written determination
made by a State purchasing | 18 | | officer.
| 19 | | (g) Award. The contract shall be awarded with reasonable
| 20 | | promptness by written notice
to the lowest responsible and | 21 | | responsive bidder whose bid meets
the requirements and criteria
| 22 | | set forth in the invitation for bids, except when a State | 23 | | purchasing officer
determines it is not in the best interest of | 24 | | the State and by written
explanation determines another bidder | 25 | | shall receive the award. The explanation
shall appear in the | 26 | | appropriate volume of the Illinois Procurement Bulletin. The |
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| 1 | | written explanation must include:
| 2 | | (1) a description of the agency's needs; | 3 | | (2) a determination that the anticipated cost will be | 4 | | fair and reasonable; | 5 | | (3) a listing of all responsible and responsive | 6 | | bidders; and | 7 | | (4) the name of the bidder selected, the total contract | 8 | | price, and the reasons for selecting that bidder. | 9 | | When a multiple award is contemplated, the solicitation | 10 | | shall identify the award criteria and a detailed method of | 11 | | selecting from among the multiple awardees. | 12 | | Each chief procurement officer may adopt guidelines to | 13 | | implement the requirements of this subsection (g). | 14 | | The written explanation shall be filed with the Legislative | 15 | | Audit Commission and the Procurement Policy Board, and be made | 16 | | available for inspection by the public, within 30 days after | 17 | | the agency's decision to award the contract. | 18 | | (h) Multi-step sealed bidding. When it is considered
| 19 | | impracticable to initially prepare
a purchase description to | 20 | | support an award based on price, an
invitation for bids may be | 21 | | issued
requesting the submission of unpriced offers to be | 22 | | followed by written requests for sealed quotes with pricing to | 23 | | meet the need and an
invitation for bids limited to the pool of
| 24 | | those bidders whose offers have been qualified under the | 25 | | criteria
set forth in the first solicitation. An award shall be | 26 | | made to the responsible vendor with the lowest priced quote |
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| 1 | | meeting the needs of the State agency as needs are determined | 2 | | by the State agency.
| 3 | | (i) Alternative procedures. Notwithstanding any other | 4 | | provision of this Act to the contrary, the Director of the | 5 | | Illinois Power Agency may create alternative bidding | 6 | | procedures to be used in procuring professional services under | 7 | | subsection (a) of Section 1-75 and subsection (d) of Section | 8 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 9 | | of the Public Utilities Act and to procure renewable energy | 10 | | resources under Section 1-56 of the Illinois Power Agency Act. | 11 | | These alternative procedures shall be set forth together with | 12 | | the other criteria contained in the invitation for bids, and | 13 | | shall appear in the appropriate volume of the Illinois | 14 | | Procurement Bulletin.
| 15 | | (j) Reverse auction. Notwithstanding any other provision | 16 | | of this Section and in accordance with rules adopted by the | 17 | | chief procurement officer, that chief procurement officer may | 18 | | procure supplies or services through a competitive electronic | 19 | | auction bidding process after the chief procurement officer | 20 | | determines that the use of such a process will be in the best | 21 | | interest of the State. The chief procurement officer shall | 22 | | publish that determination in his or her next volume of the | 23 | | Illinois Procurement Bulletin. | 24 | | An invitation for bids shall be issued and shall include | 25 | | (i) a procurement description, (ii) all contractual terms, | 26 | | whenever practical, and (iii) conditions applicable to the |
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| 1 | | procurement, including a notice that bids will be received in | 2 | | an electronic auction manner. | 3 | | Public notice of the invitation for bids shall be given in | 4 | | the same manner as provided in subsection (c). | 5 | | Bids shall be accepted electronically at the time and in | 6 | | the manner designated in the invitation for bids. During the | 7 | | auction, a bidder's price shall be disclosed to other bidders. | 8 | | Bidders shall have the opportunity to reduce their bid prices | 9 | | during the auction. At the conclusion of the auction, the | 10 | | record of the bid prices received and the name of each bidder | 11 | | shall be open to public inspection. | 12 | | After the auction period has terminated, withdrawal of bids | 13 | | shall be permitted as provided in subsection (f). | 14 | | The contract shall be awarded within 60 calendar days after | 15 | | the auction by written notice to the lowest responsible bidder, | 16 | | or all bids shall be rejected except as otherwise provided in | 17 | | this Code. Extensions of the date for the award may be made by | 18 | | mutual written consent of the State purchasing officer and the | 19 | | lowest responsible bidder. | 20 | | This subsection does not apply to (i) procurements of | 21 | | professional and artistic services, (ii) telecommunications | 22 | | services, communication services, and information services,
| 23 | | and (iii) contracts for construction projects, including | 24 | | design professional services. | 25 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 26 | | 98-1076, eff. 1-1-15 .) |
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| 1 | | (Text of Section after amendment by P.A. 99-906 ) | 2 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 3 | | 98-1076, and 99-906) | 4 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 5 | | (a) Conditions for use. All contracts shall be awarded by
| 6 | | competitive sealed bidding
except as otherwise provided in | 7 | | Section 20-5.
| 8 | | (b) Invitation for bids. An invitation for bids shall be
| 9 | | issued and shall include a
purchase description and the | 10 | | material contractual terms and
conditions applicable to the
| 11 | | procurement.
| 12 | | (c) Public notice. Public notice of the invitation for bids | 13 | | shall be
published in the Illinois Procurement Bulletin at | 14 | | least 14 calendar days before the date
set in the invitation | 15 | | for the opening of bids.
| 16 | | (d) Bid opening. Bids shall be opened publicly in the
| 17 | | presence of one or more witnesses
at the time and place | 18 | | designated in the invitation for bids. The
name of each bidder, | 19 | | the amount
of each bid, and other relevant information as may | 20 | | be specified by
rule shall be
recorded. After the award of the | 21 | | contract, the winning bid and the
record of each unsuccessful | 22 | | bid shall be open to
public inspection.
| 23 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 24 | | unconditionally accepted without
alteration or correction, | 25 | | except as authorized in this Code. Bids
shall be evaluated |
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| 1 | | based on the
requirements set forth in the invitation for bids, | 2 | | which may
include criteria to determine
acceptability such as | 3 | | inspection, testing, quality, workmanship,
delivery, and | 4 | | suitability for a
particular purpose. Those criteria that will | 5 | | affect the bid price
and be considered in evaluation
for award, | 6 | | such as discounts, transportation costs, and total or
life | 7 | | cycle costs, shall be
objectively measurable. The invitation | 8 | | for bids shall set forth
the evaluation criteria to be used.
| 9 | | (f) Correction or withdrawal of bids. Correction or
| 10 | | withdrawal of inadvertently
erroneous bids before or after | 11 | | award, or cancellation of awards of
contracts based on bid
| 12 | | mistakes, shall be permitted in accordance with rules.
After | 13 | | bid opening, no
changes in bid prices or other provisions of | 14 | | bids prejudicial to
the interest of the State or fair
| 15 | | competition shall be permitted. All decisions to permit the
| 16 | | correction or withdrawal of bids
based on bid mistakes shall be | 17 | | supported by written determination
made by a State purchasing | 18 | | officer.
| 19 | | (g) Award. The contract shall be awarded with reasonable
| 20 | | promptness by written notice
to the lowest responsible and | 21 | | responsive bidder whose bid meets
the requirements and criteria
| 22 | | set forth in the invitation for bids, except when a State | 23 | | purchasing officer
determines it is not in the best interest of | 24 | | the State and by written
explanation determines another bidder | 25 | | shall receive the award. The explanation
shall appear in the | 26 | | appropriate volume of the Illinois Procurement Bulletin. The |
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| 1 | | written explanation must include:
| 2 | | (1) a description of the agency's needs; | 3 | | (2) a determination that the anticipated cost will be | 4 | | fair and reasonable; | 5 | | (3) a listing of all responsible and responsive | 6 | | bidders; and | 7 | | (4) the name of the bidder selected, the total contract | 8 | | price, and the reasons for selecting that bidder. | 9 | | When a multiple award is contemplated, the solicitation | 10 | | shall identify the award criteria and a detailed method of | 11 | | selecting from among the multiple awardees. | 12 | | Each chief procurement officer may adopt guidelines to | 13 | | implement the requirements of this subsection (g). | 14 | | The written explanation shall be filed with the Legislative | 15 | | Audit Commission and the Procurement Policy Board, and be made | 16 | | available for inspection by the public, within 30 calendar days | 17 | | after the agency's decision to award the contract. | 18 | | (h) Multi-step sealed bidding. When it is considered
| 19 | | impracticable to initially prepare
a purchase description to | 20 | | support an award based on price, an
invitation for bids may be | 21 | | issued
requesting the submission of unpriced offers to be | 22 | | followed by written requests for sealed quotes with pricing to | 23 | | meet the need and an
invitation for bids limited to the pool of
| 24 | | those bidders whose offers have been qualified under the | 25 | | criteria
set forth in the first solicitation. An award shall be | 26 | | made to the responsible vendor with the lowest priced quote |
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| 1 | | meeting the needs of the State agency as needs are determined | 2 | | by the State agency.
| 3 | | (i) Alternative procedures. Notwithstanding any other | 4 | | provision of this Act to the contrary, the Director of the | 5 | | Illinois Power Agency may create alternative bidding | 6 | | procedures to be used in procuring professional services under | 7 | | Section 1-56, subsections (a) and (c) of Section 1-75 and | 8 | | subsection (d) of Section 1-78 of the Illinois Power Agency Act | 9 | | and Section 16-111.5(c) of the Public Utilities Act and to | 10 | | procure renewable energy resources under Section 1-56 of the | 11 | | Illinois Power Agency Act. These alternative procedures shall | 12 | | be set forth together with the other criteria contained in the | 13 | | invitation for bids, and shall appear in the appropriate volume | 14 | | of the Illinois Procurement Bulletin.
| 15 | | (j) Reverse auction. Notwithstanding any other provision | 16 | | of this Section and in accordance with rules adopted by the | 17 | | chief procurement officer, that chief procurement officer may | 18 | | procure supplies or services through a competitive electronic | 19 | | auction bidding process after the chief procurement officer | 20 | | determines that the use of such a process will be in the best | 21 | | interest of the State. The chief procurement officer shall | 22 | | publish that determination in his or her next volume of the | 23 | | Illinois Procurement Bulletin. | 24 | | An invitation for bids shall be issued and shall include | 25 | | (i) a procurement description, (ii) all contractual terms, | 26 | | whenever practical, and (iii) conditions applicable to the |
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| 1 | | procurement, including a notice that bids will be received in | 2 | | an electronic auction manner. | 3 | | Public notice of the invitation for bids shall be given in | 4 | | the same manner as provided in subsection (c). | 5 | | Bids shall be accepted electronically at the time and in | 6 | | the manner designated in the invitation for bids. During the | 7 | | auction, a bidder's price shall be disclosed to other bidders. | 8 | | Bidders shall have the opportunity to reduce their bid prices | 9 | | during the auction. At the conclusion of the auction, the | 10 | | record of the bid prices received and the name of each bidder | 11 | | shall be open to public inspection. | 12 | | After the auction period has terminated, withdrawal of bids | 13 | | shall be permitted as provided in subsection (f). | 14 | | The contract shall be awarded within 60 calendar days after | 15 | | the auction by written notice to the lowest responsible bidder, | 16 | | or all bids shall be rejected except as otherwise provided in | 17 | | this Code. Extensions of the date for the award may be made by | 18 | | mutual written consent of the State purchasing officer and the | 19 | | lowest responsible bidder. | 20 | | This subsection does not apply to (i) procurements of | 21 | | professional and artistic services, (ii) telecommunications | 22 | | services, communication services, and information services, | 23 | | and (iii) contracts for construction projects, including | 24 | | design professional services. | 25 | | (Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
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| 1 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 2 | | 98-1076, and 99-906)
| 3 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 4 | | (a) Conditions for use. All contracts shall be awarded by
| 5 | | competitive sealed bidding
except as otherwise provided in | 6 | | Section 20-5.
| 7 | | (b) Invitation for bids. An invitation for bids shall be
| 8 | | issued and shall include a
purchase description and the | 9 | | material contractual terms and
conditions applicable to the
| 10 | | procurement.
| 11 | | (c) Public notice. Public notice of the invitation for bids | 12 | | shall be
published in the Illinois Procurement Bulletin at | 13 | | least 14 calendar days before the date
set in the invitation | 14 | | for the opening of bids.
| 15 | | (d) Bid opening. Bids shall be opened publicly in the
| 16 | | presence of one or more witnesses
at the time and place | 17 | | designated in the invitation for bids. The
name of each bidder, | 18 | | the amount
of each bid, and other relevant information as may | 19 | | be specified by
rule shall be
recorded. After the award of the | 20 | | contract, the winning bid and the
record of each unsuccessful | 21 | | bid shall be open to
public inspection.
| 22 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 23 | | unconditionally accepted without
alteration or correction, | 24 | | except as authorized in this Code. Bids
shall be evaluated | 25 | | based on the
requirements set forth in the invitation for bids, | 26 | | which may
include criteria to determine
acceptability such as |
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| 1 | | inspection, testing, quality, workmanship,
delivery, and | 2 | | suitability for a
particular purpose. Those criteria that will | 3 | | affect the bid price
and be considered in evaluation
for award, | 4 | | such as discounts, transportation costs, and total or
life | 5 | | cycle costs, shall be
objectively measurable. The invitation | 6 | | for bids shall set forth
the evaluation criteria to be used.
| 7 | | (f) Correction or withdrawal of bids. Correction or
| 8 | | withdrawal of inadvertently
erroneous bids before or after | 9 | | award, or cancellation of awards of
contracts based on bid
| 10 | | mistakes, shall be permitted in accordance with rules.
After | 11 | | bid opening, no
changes in bid prices or other provisions of | 12 | | bids prejudicial to
the interest of the State or fair
| 13 | | competition shall be permitted. All decisions to permit the
| 14 | | correction or withdrawal of bids
based on bid mistakes shall be | 15 | | supported by written determination
made by a State purchasing | 16 | | officer.
| 17 | | (g) Award. The contract shall be awarded with reasonable
| 18 | | promptness by written notice
to the lowest responsible and | 19 | | responsive bidder whose bid meets
the requirements and criteria
| 20 | | set forth in the invitation for bids, except when a State | 21 | | purchasing officer
determines it is not in the best interest of | 22 | | the State and by written
explanation determines another bidder | 23 | | shall receive the award. The explanation
shall appear in the | 24 | | appropriate volume of the Illinois Procurement Bulletin. The | 25 | | written explanation must include:
| 26 | | (1) a description of the agency's needs; |
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| 1 | | (2) a determination that the anticipated cost will be | 2 | | fair and reasonable; | 3 | | (3) a listing of all responsible and responsive | 4 | | bidders; and | 5 | | (4) the name of the bidder selected, the total contract | 6 | | price, and the reasons for selecting that bidder. | 7 | | When a multiple award is contemplated, the solicitation | 8 | | shall identify the award criteria and a detailed method of | 9 | | selecting from among the multiple awardees. | 10 | | Each chief procurement officer may adopt guidelines to | 11 | | implement the requirements of this subsection (g). | 12 | | The written explanation shall be filed with the Legislative | 13 | | Audit Commission and the Procurement Policy Board, and be made | 14 | | available for inspection by the public, within 30 days after | 15 | | the agency's decision to award the contract. | 16 | | (h) Multi-step sealed bidding. When it is considered
| 17 | | impracticable to initially prepare
a purchase description to | 18 | | support an award based on price, an
invitation for bids may be | 19 | | issued
requesting the submission of unpriced offers to be | 20 | | followed by written requests for sealed quotes with pricing to | 21 | | meet the need and an
invitation for bids limited to the pool of
| 22 | | those bidders whose offers have been qualified under the | 23 | | criteria
set forth in the first solicitation. An award shall be | 24 | | made to the responsible vendor with the lowest priced quote | 25 | | meeting the needs of the State agency as needs are determined | 26 | | by the State agency.
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| 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 | | subsections (a) and (c) of Section 1-75 and subsection (d) of | 6 | | Section 1-78 of the Illinois Power Agency Act and Section | 7 | | 16-111.5(c) of the Public Utilities Act and to procure | 8 | | renewable energy resources under Section 1-56 of the Illinois | 9 | | Power Agency Act. These alternative procedures shall be set | 10 | | forth together with the other criteria contained in the | 11 | | invitation for bids, and shall appear in the appropriate volume | 12 | | of the Illinois 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. |
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| 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. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
| 24 | | (30 ILCS 500/20-15)
| 25 | | Sec. 20-15. Competitive sealed proposals.
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| 1 | | (a) Conditions for use. When provided under this Code or | 2 | | under
rules, or when
the purchasing agency determines in | 3 | | writing that the use of
competitive sealed bidding
is either | 4 | | not practicable or not advantageous to the State, a
contract | 5 | | may be entered into by
competitive sealed proposals.
| 6 | | (b) Request for proposals. Proposals shall be solicited
| 7 | | through a request for proposals.
| 8 | | (c) Public notice. Public notice of the request for
| 9 | | proposals shall be published in the
Illinois Procurement | 10 | | Bulletin at least 14 calendar days before the date set
in the | 11 | | invitation for the opening
of proposals.
| 12 | | (d) Receipt of proposals. Proposals shall be opened
| 13 | | publicly in the presence of one or
more witnesses at the time | 14 | | and place designated in the request for
proposals, but | 15 | | proposals shall
be opened in a manner to avoid disclosure of | 16 | | contents to competing
offerors during the process
of | 17 | | negotiation. A record of proposals shall be prepared and
shall | 18 | | be open for public inspection
after contract award.
| 19 | | (e) Evaluation factors. The requests for proposals shall
| 20 | | state the relative importance of
price and other evaluation | 21 | | factors. Proposals shall be submitted
in 2 parts: the first, | 22 | | covering
items except price; and the second, covering price. | 23 | | The first
part of all proposals shall be
evaluated and ranked | 24 | | independently of the second part of
all proposals.
| 25 | | (f) Discussion with responsible offerors and revisions of | 26 | | offers or
proposals. As provided in the
request for proposals |
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| 1 | | and under rules, discussions
may be conducted with
responsible | 2 | | offerors who submit offers or proposals determined to be
| 3 | | reasonably susceptible of being
selected for award for the | 4 | | purpose of clarifying and assuring full
understanding of and
| 5 | | responsiveness to the solicitation requirements. Those | 6 | | offerors
shall be accorded fair and equal
treatment with | 7 | | respect to any opportunity for discussion and
revision of | 8 | | proposals. Revisions
may be permitted after submission and | 9 | | before award for the
purpose of obtaining best and final
| 10 | | offers. In conducting discussions there shall be no disclosure | 11 | | of
any information derived from
proposals submitted by | 12 | | competing offerors.
If information is disclosed to any offeror, | 13 | | it shall be
provided to all competing offerors.
| 14 | | (g) Award. Awards shall be made to the responsible offeror
| 15 | | whose proposal is
determined in writing to be the most | 16 | | advantageous to the State,
taking into consideration price
and | 17 | | the evaluation factors set forth in the request for proposals.
| 18 | | When a multiple award is contemplated, the solicitation shall | 19 | | identify the award criteria and the detailed method of | 20 | | selecting from among the multiple awardees. The contract file | 21 | | shall contain
the basis on which any the award is
made.
| 22 | | (h) Multi-step sealed proposals. A request for proposals | 23 | | may be issued requesting the submission of offers to establish | 24 | | a pool of competitively-selected vendors to be followed by | 25 | | written requests for specific proposals with pricing to meet | 26 | | the need and limited to those in the pool of qualified vendors. |
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| 1 | | Clarification, discussions, and best and finals shall be | 2 | | allowed as in a standard request for proposals in each step of | 3 | | the process. Award shall be made to the responsible vendors | 4 | | with the most advantageous proposal, price, and other factors | 5 | | being considered. | 6 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 7 | | (30 ILCS 500/20-20)
| 8 | | Sec. 20-20. Small purchases.
| 9 | | (a) Amount. Any individual procurement of supplies or
| 10 | | services other than professional
or artistic services, not | 11 | | exceeding $100,000 $10,000 and any procurement of
construction | 12 | | not exceeding
$100,000, or any individual procurement of | 13 | | professional or artistic services not exceeding $100,000 | 14 | | $30,000 may be made without competitive source selection sealed | 15 | | bidding .
Procurements shall not be artificially
divided so as | 16 | | to constitute a small purchase under this Section. Any | 17 | | procurement of construction not exceeding $100,000 may be made | 18 | | by an alternative competitive source selection. The | 19 | | construction agency shall establish rules for an alternative | 20 | | competitive source selection process. This Section does not | 21 | | apply to construction-related professional services contracts | 22 | | awarded in accordance with the provisions of the Architectural, | 23 | | Engineering, and Land Surveying Qualifications Based Selection | 24 | | Act.
| 25 | | (b) Adjustment. Each July 1, the small purchase maximum
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| 1 | | established in subsection (a)
shall be adjusted for inflation | 2 | | as determined by the Consumer
Price Index for All Urban | 3 | | Consumers as determined by the United States
Department of | 4 | | Labor and rounded to the nearest $100.
| 5 | | (c) Based upon rules proposed by the Board and rules | 6 | | promulgated by the
chief procurement officers, the small | 7 | | purchase maximum established in
subsection
(a) may be modified.
| 8 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 9 | | (30 ILCS 500/20-43) | 10 | | Sec. 20-43. Bidder or offeror authorized to transact | 11 | | business or conduct affairs do business in Illinois. In | 12 | | addition to meeting any other requirement of law or rule, a | 13 | | person (other than an individual acting as a sole proprietor) | 14 | | may qualify as a bidder or offeror under this Code only if the | 15 | | person is a legal entity prior to submitting the bid, offer, or | 16 | | proposal. The legal entity must be authorized to transact | 17 | | business or conduct affairs in Illinois prior to execution of | 18 | | the contract submitting the bid, offer, or proposal .
| 19 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 20 | | (30 ILCS 500/20-80)
| 21 | | Sec. 20-80. Contract files.
| 22 | | (a) Written determinations. All written determinations
| 23 | | required under this Article shall
be placed in the contract | 24 | | file maintained by the chief procurement officer.
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| 1 | | (b) Filing with Comptroller. Whenever a grant, defined | 2 | | pursuant to
accounting standards established by the | 3 | | Comptroller, or a contract
liability,
except for:
(1) contracts | 4 | | paid
from personal services, or
(2) contracts between the State | 5 | | and its
employees to defer
compensation in accordance with | 6 | | Article 24 of the Illinois Pension Code, or (3) contracts paid | 7 | | from non-State appropriations,
exceeding $20,000 is incurred | 8 | | by any
State agency, a copy of the contract, purchase order, | 9 | | grant, or
lease shall be filed with the
Comptroller within 30 | 10 | | calendar days thereafter. Beginning January 1, 2013, the | 11 | | Comptroller may require that contracts and grants required to | 12 | | be filed with the Comptroller under this Section shall be filed | 13 | | electronically, unless the agency is incapable of filing the | 14 | | contract or grant electronically because it does not possess | 15 | | the necessary technology or equipment. Any agency that is | 16 | | incapable of electronically filing its contracts or grants | 17 | | shall submit a written statement to the Governor and to the | 18 | | Comptroller attesting to the reasons for its inability to | 19 | | comply. This statement shall include a discussion of what the | 20 | | agency needs in order to effectively comply with this Section. | 21 | | Prior to requiring electronic filing, the Comptroller shall | 22 | | consult with the Governor as to the feasibility of establishing | 23 | | mutually agreeable technical standards for the electronic | 24 | | document imaging, storage, and transfer of contracts and | 25 | | grants, taking into consideration the technology available to | 26 | | that agency, best practices, and the technological |
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| 1 | | capabilities of State agencies. Nothing in this amendatory Act | 2 | | of the 97th General Assembly shall be construed to impede the | 3 | | implementation of an Enterprise Resource Planning (ERP) | 4 | | system. For each State contract for goods, supplies, or | 5 | | services awarded on or after July 1, 2010, the contracting | 6 | | agency shall provide the applicable rate and unit of | 7 | | measurement of the goods, supplies, or services on the contract | 8 | | obligation document as required by the Comptroller. If the | 9 | | contract obligation document that is submitted to the | 10 | | Comptroller contains the rate and unit of measurement of the | 11 | | goods, supplies, or services, the Comptroller shall provide | 12 | | that information on his or her official website. Any | 13 | | cancellation or
modification to any such contract
liability | 14 | | shall be filed with the Comptroller within 30 calendar days of
| 15 | | its execution.
| 16 | | (c) Late filing affidavit. When a contract, purchase order, | 17 | | grant,
or lease required to be
filed by this Section has not | 18 | | been filed within 30 calendar days of
execution, the | 19 | | Comptroller shall refuse
to issue a warrant for payment | 20 | | thereunder until the agency files
with the Comptroller the
| 21 | | contract, purchase order, grant, or lease and an affidavit, | 22 | | signed by the
chief executive officer of the
agency or his or | 23 | | her designee, setting forth an explanation of why
the contract | 24 | | liability was not
filed within 30 calendar days of execution. A | 25 | | copy of this affidavit shall
be filed with the Auditor
General.
| 26 | | (d) Timely execution of contracts. No
voucher shall be |
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| 1 | | submitted to the
Comptroller for a warrant to be drawn for the | 2 | | payment of money
from the State treasury or from
other funds | 3 | | held by the State Treasurer on account of any contract unless | 4 | | the
contract is reduced to writing
before the services are | 5 | | performed and filed with the Comptroller. Vendors shall not be | 6 | | paid for any goods that were received or services that were | 7 | | rendered before the contract was reduced to writing and signed | 8 | | by all necessary parties. A chief procurement officer may | 9 | | request an exception to this subsection by submitting a written | 10 | | statement to the Comptroller and Treasurer setting forth the | 11 | | circumstances and reasons why the contract could not be reduced | 12 | | to writing before the supplies were received or services were | 13 | | performed. A waiver of this subsection must be approved by the | 14 | | Comptroller and Treasurer. This Section shall not apply to | 15 | | emergency purchases if notice of the emergency purchase is | 16 | | filed with the Procurement Policy Board and published in the | 17 | | Bulletin as required by this Code.
| 18 | | (e) Method of source selection. When a contract is filed
| 19 | | with the Comptroller under this
Section, the Comptroller's file | 20 | | shall identify the method of
source selection used in obtaining | 21 | | the
contract.
| 22 | | (Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15 .)
| 23 | | (30 ILCS 500/20-160)
| 24 | | Sec. 20-160. Business entities; certification; | 25 | | registration with the State Board of Elections. |
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| 1 | | (a) For purposes of this Section, the terms "business | 2 | | entity", "contract", "State contract", "contract with a State | 3 | | agency", "State agency", "affiliated entity", and "affiliated | 4 | | person" have the meanings ascribed to those terms in Section | 5 | | 50-37. | 6 | | (b) Every bid and offer submitted to and every contract | 7 | | executed by the State on or after January 1, 2009 (the | 8 | | effective date of Public Act 95-971) and every submission to a | 9 | | vendor portal shall contain (1) a certification by the bidder, | 10 | | offeror, vendor, or contractor that either (i) the bidder, | 11 | | offeror, vendor, or contractor is not required to register as a | 12 | | business entity with the State Board of Elections pursuant to | 13 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 14 | | has registered as a business entity with the State Board of | 15 | | Elections and acknowledges a continuing duty to update the | 16 | | registration and (2) a statement that the contract is voidable | 17 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 18 | | contractor's failure to comply with this Section. | 19 | | (c) Each business entity (i) whose aggregate bids and | 20 | | proposals on State contracts annually total more than $50,000, | 21 | | (ii) whose aggregate bids and proposals on State contracts | 22 | | combined with the business entity's aggregate annual total | 23 | | value of State contracts exceed $50,000, or (iii) whose | 24 | | contracts with State agencies, in the aggregate, annually total | 25 | | more than $50,000 shall register with the State Board of | 26 | | Elections in accordance with Section 9-35 of the Election Code. |
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| 1 | | A business entity required to register under this subsection | 2 | | due to item (i) or (ii) has a continuing duty to ensure that | 3 | | the registration is accurate during the period beginning on the | 4 | | date of registration and ending on the day after the date the | 5 | | contract is awarded; any change in information must be reported | 6 | | to the State Board of Elections 5 business days following such | 7 | | change or no later than a day before the contract is awarded, | 8 | | whichever date is earlier. A business entity required to | 9 | | register under this subsection due to item (iii) has a | 10 | | continuing duty to ensure that the registration is accurate in | 11 | | accordance with subsection (e). | 12 | | (d) Any business entity, not required under subsection (c) | 13 | | to register, whose aggregate bids and proposals on State | 14 | | contracts annually total more than $50,000, or whose aggregate | 15 | | bids and proposals on State contracts combined with the | 16 | | business entity's aggregate annual total value of State | 17 | | contracts exceed $50,000, shall register with the State Board | 18 | | of Elections in accordance with Section 9-35 of the Election | 19 | | Code prior to submitting to a State agency the bid or proposal | 20 | | whose value causes the business entity to fall within the | 21 | | monetary description of this subsection. A business entity | 22 | | required to register under this subsection has a continuing | 23 | | duty to ensure that the registration is accurate during the | 24 | | period beginning on the date of registration and ending on the | 25 | | day after the date the contract is awarded. Any change in | 26 | | information must be reported to the State Board of Elections |
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| 1 | | within 5 business days following such change or no later than a | 2 | | day before the contract is awarded, whichever date is earlier. | 3 | | (e) A business entity whose contracts with State agencies, | 4 | | in the aggregate, annually total more than $50,000 must | 5 | | maintain its registration under this Section and has a | 6 | | continuing duty to ensure that the registration is accurate for | 7 | | the duration of the term of office of the incumbent | 8 | | officeholder awarding the contracts or for a period of 2 years | 9 | | following the expiration or termination of the contracts, | 10 | | whichever is longer. A business entity, required to register | 11 | | under this subsection, has a continuing duty to report any | 12 | | changes on a quarterly basis to the State Board of Elections | 13 | | within 14 calendar days following the last day of January, | 14 | | April, July, and October of each year. Any update pursuant to | 15 | | this paragraph that is received beyond that date is presumed | 16 | | late and the civil penalty authorized by subsection (e) of | 17 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 18 | | assessed. | 19 | | Also, if a business entity required to register under this | 20 | | subsection has a pending bid or offer, any change in | 21 | | information shall be reported to the State Board of Elections | 22 | | within 7 calendar days following such change or no later than a | 23 | | day before the contract is awarded, whichever date is earlier. | 24 | | (f) A business entity's continuing duty under this Section | 25 | | to ensure the accuracy of its registration includes the | 26 | | requirement that the business entity notify the State Board of |
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| 1 | | Elections of any change in information, including but not | 2 | | limited to changes of affiliated entities or affiliated | 3 | | persons. | 4 | | (g) For any bid or offer for a contract with a State agency | 5 | | by a business entity required to register under this Section, | 6 | | the chief procurement officer shall verify that the business | 7 | | entity is required to register under this Section and is in | 8 | | compliance with the registration requirements on the date the | 9 | | bid or offer is due. A chief procurement officer may shall not | 10 | | accept a bid or offer if the business entity is not in | 11 | | compliance with the registration requirements as of the date | 12 | | bids or offers are due. Upon discovery of noncompliance with | 13 | | this Section, if the bidder or offeror made a good faith effort | 14 | | to comply with registration efforts prior to the date the bid | 15 | | or offer is due, a chief procurement officer may provide the | 16 | | bidder or offeror 5 business days to achieve compliance. A | 17 | | chief procurement officer may extend the time to prove | 18 | | compliance by as long as necessary in the event that there is a | 19 | | failure within the State Board of Elections' registration | 20 | | system. | 21 | | (h) A registration, and any changes to a registration, must | 22 | | include the business entity's verification of accuracy and | 23 | | subjects the business entity to the penalties of the laws of | 24 | | this State for perjury. | 25 | | In addition to any penalty under Section 9-35 of the | 26 | | Election Code, intentional, willful, or material failure to |
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| 1 | | disclose information required for registration shall render | 2 | | the contract, bid, offer, or other procurement relationship | 3 | | voidable by the chief procurement officer if he or she deems it | 4 | | to be in the best interest of the State of Illinois. | 5 | | (i) This Section applies regardless of the method of source | 6 | | selection used in awarding the contract.
| 7 | | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | 8 | | 98-1076, eff. 1-1-15 .) | 9 | | (30 ILCS 500/25-85 new) | 10 | | Sec. 25-85. Best value procurement. | 11 | | (a) This Section shall apply only to purchases of heavy | 12 | | mobile fleet vehicles and off-road construction equipment | 13 | | procured by or on behalf of: | 14 | | (1) institutions of higher education; | 15 | | (2) the Department of Agriculture; | 16 | | (3) the Department of Transportation; and | 17 | | (4) the Department of Natural Resources. | 18 | | (b) As used in this Section, "best value procurement" means | 19 | | a contract award determined by objective criteria related to | 20 | | price, features, functions, and life-cycle costs that may | 21 | | include the following: | 22 | | (1) total cost of ownership, including warranty, under | 23 | | which all repair costs are borne solely by the warranty | 24 | | provider; repair costs; maintenance costs; fuel | 25 | | consumption; and salvage value; |
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| 1 | | (2) product performance, productivity, and safety | 2 | | standards; | 3 | | (3) the supplier's ability to perform to the contract | 4 | | requirements; and | 5 | | (4) environmental benefits, including reduction of | 6 | | greenhouse gas emissions, reduction of air pollutant | 7 | | emissions, or reduction of toxic or hazardous materials. | 8 | | (c) The department or institution may enter into a contract | 9 | | for heavy mobile fleet vehicles and off-road construction | 10 | | equipment for use by the department or institution by means of | 11 | | best value procurement, using specifications and criteria | 12 | | developed in consultation with the Chief Procurement Officer of | 13 | | each designated department or institution and conducted in | 14 | | accordance with Section 20-15 of this Code. | 15 | | (c) The department or institution may enter into a contract | 16 | | for heavy mobile fleet vehicles and off-road construction | 17 | | equipment for use by the department or institution by means of | 18 | | best value procurement, using specifications and criteria | 19 | | developed in consultation with the Chief Procurement Officer of | 20 | | each designated department or institution and conducted in | 21 | | accordance with Section 20-15 of this Code. | 22 | | (d) In addition to disclosure of the minimum requirements | 23 | | for qualification, the solicitation document shall specify | 24 | | which business performance measures, in addition to price, | 25 | | shall be given a weighted value. The solicitation shall include | 26 | | a scoring method based on those factors and price in |
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| 1 | | determining the successful offeror. Any evaluation and scoring | 2 | | method shall ensure substantial weight is given to the contract | 3 | | price. | 4 | | (e) Upon written request of any person who has submitted an | 5 | | offer, notice of the award shall be posted in a public place in | 6 | | the offices of the department or institution at least 24 hours | 7 | | before executing the contract or purchase order. If, before | 8 | | making an award, any offeror who has submitted a bid files a | 9 | | protest with the department or institution against the awarding | 10 | | of the contract or purchase order on the ground that his or her | 11 | | offer should have been selected in accordance with the | 12 | | selection criteria in the solicitation document, the contract | 13 | | or purchase order shall not be awarded until either the protest | 14 | | has been withdrawn or the appropriate Chief Procurement Officer | 15 | | has made a final decision as to the action to be taken relative | 16 | | to the protest. Within 10 days after filing a protest, the | 17 | | protesting offeror shall file with the Chief Procurement | 18 | | Officer a full and complete written statement specifying in | 19 | | detail the ground of the protest and the facts in support | 20 | | thereof. | 21 | | (f) The total annual value of vehicles and equipment | 22 | | purchased through best value procurement pursuant to this | 23 | | Section shall be limited to $20,000,000 per each department or | 24 | | institution. | 25 | | (g) Best value procurement shall only be used on | 26 | | procurements first solicited on or before June 30, 2020. |
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| 1 | | (h) On or before January 1, 2021, the Chief Procurement | 2 | | Officer of each designated department or institution shall | 3 | | prepare an evaluation of the best value procurement pilot | 4 | | program authorized by this Section, including a recommendation | 5 | | on whether or not the process should be continued. The | 6 | | evaluation shall be posted in the applicable volume or volumes | 7 | | of the Illinois Procurement Bulletin on or before January 1, | 8 | | 2021. | 9 | | (i) This Section is repealed on January 1, 2021.
| 10 | | (30 ILCS 500/30-30)
| 11 | | Sec. 30-30. Design-bid-build construction. | 12 | | (a) The provisions of this subsection are operative through | 13 | | December 31, 2019. | 14 | | For
building construction contracts in excess of
$250,000, | 15 | | separate specifications may be prepared for all
equipment, | 16 | | labor, and materials in
connection with the following 5 | 17 | | subdivisions of the work to be
performed:
| 18 | | (1) plumbing;
| 19 | | (2) heating, piping, refrigeration, and automatic
| 20 | | temperature control systems,
including the testing and | 21 | | balancing of those systems;
| 22 | | (3) ventilating and distribution systems for
| 23 | | conditioned air, including the testing
and balancing of | 24 | | those systems;
| 25 | | (4) electric wiring; and
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| 1 | | (5) general contract work.
| 2 | | The specifications may be so drawn as to permit separate | 3 | | and
independent bidding upon
each of the 5 subdivisions of | 4 | | work. All contracts awarded
for any part thereof may
award the | 5 | | 5 subdivisions of work separately to responsible and
reliable | 6 | | persons, firms, or
corporations engaged in these classes of | 7 | | work. The contracts, at
the discretion of the
construction | 8 | | agency, may be assigned to the successful bidder on
the general | 9 | | contract work or
to the successful bidder on the subdivision of | 10 | | work designated by
the construction agency before
the bidding | 11 | | as the prime subdivision of work, provided that all
payments | 12 | | will be made directly
to the contractors for the 5 subdivisions | 13 | | of work upon compliance
with the conditions of the
contract.
| 14 | | Beginning on the effective date of this amendatory Act of | 15 | | the 99th General Assembly and through December 31, 2019, for | 16 | | single prime projects: (i) the bid of the successful low bidder | 17 | | shall identify the name of the subcontractor, if any, and the | 18 | | bid proposal costs for each of the 5 subdivisions of work set | 19 | | forth in this Section; (ii) the contract entered into with the | 20 | | successful bidder shall provide that no identified | 21 | | subcontractor may be terminated without the written consent of | 22 | | the Capital Development Board; (iii) the contract shall comply | 23 | | with the disadvantaged business practices of the Business | 24 | | Enterprise for Minorities, Females, and Persons with | 25 | | Disabilities Act and the equal employment practices of Section | 26 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital |
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| 1 | | Development Board and public institutions of higher education | 2 | | shall submit a quarterly report to the Procurement Policy Board | 3 | | with information on the general scope, project budget, and | 4 | | established Business Enterprise Program goals for any single | 5 | | prime procurement bid in the previous 3 months with a total | 6 | | construction cost valued at $10,000,000 or less; and (v) the | 7 | | Capital Development Board and public institutions of higher | 8 | | education shall submit an annual report to the General Assembly | 9 | | and Governor on the bidding, award, and performance of all | 10 | | single prime projects. | 11 | | For building construction projects with a total | 12 | | construction cost valued at $5,000,000 or less, the Capital | 13 | | Development Board or public institutions of higher education | 14 | | shall not use the single prime procurement delivery method for | 15 | | more than 50% of the total number of projects bid for each | 16 | | fiscal year. Any project with a total construction cost valued | 17 | | greater than $5,000,000 may be bid using single prime at the | 18 | | discretion of the Executive Director of the Capital Development | 19 | | Board or the president of a public institution of higher | 20 | | education . | 21 | | Beginning on the effective date of this amendatory Act of | 22 | | the 99th General Assembly and through December 31, 2017, the | 23 | | Capital Development Board and public institutions of higher | 24 | | education shall, on a weekly basis: review the projects that | 25 | | have been designed, and approved to bid; and, for every fifth | 26 | | determination to use the single prime procurement delivery |
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| 1 | | method for a project under $10,000,000, submit to the | 2 | | Procurement Policy Board a written notice of its intent to use | 3 | | the single prime method on the project. The notice shall | 4 | | include the reasons for using the single prime method and an | 5 | | explanation of why the use of that method is in the best | 6 | | interest of the State. The Capital Development Board or public | 7 | | institution of higher education shall post the notice on its | 8 | | online procurement webpage and on the online Procurement | 9 | | Bulletin at least 3 business days following submission. The | 10 | | Procurement Policy Board shall review and provide its decision | 11 | | on the use of the single prime method for every fifth use of | 12 | | the single prime procurement delivery method for a project | 13 | | under $10,000,000 within 7 business days of receipt of the | 14 | | notice from the Capital Development Board or a public | 15 | | institution of higher education . Approval by the Procurement | 16 | | Policy Board shall not be unreasonably withheld and shall be | 17 | | provided unless the Procurement Policy Board finds that the use | 18 | | of the single prime method is not in the best interest of the | 19 | | State. Any decision by the Procurement Policy Board to | 20 | | disapprove the use of the single prime method shall be made in | 21 | | writing to the Capital Development Board or a public | 22 | | institution of higher education , posted on the online | 23 | | Procurement Bulletin, and shall state the reasons why the | 24 | | single prime method was disapproved and why it is not in the | 25 | | best interest of the State. For the requirements under this | 26 | | Section, the Capital Development Board shall have |
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| 1 | | responsibility for only those projects that are managed | 2 | | pursuant to the Capital Development Board Act. | 3 | | (b) The provisions of this subsection are operative on and | 4 | | after January 1, 2020.
For building construction contracts in | 5 | | excess of $250,000, separate specifications shall be prepared | 6 | | for all equipment, labor, and materials in connection with the | 7 | | following 5 subdivisions of the work to be performed: | 8 | | (1) plumbing; | 9 | | (2) heating, piping, refrigeration, and automatic | 10 | | temperature control systems, including the testing and | 11 | | balancing of those systems; | 12 | | (3) ventilating and distribution systems for | 13 | | conditioned air, including the testing and balancing of | 14 | | those systems; | 15 | | (4) electric wiring; and | 16 | | (5) general contract work. | 17 | | The specifications must be so drawn as to permit separate | 18 | | and independent bidding upon each of the 5 subdivisions of | 19 | | work. All contracts awarded for any part thereof shall award | 20 | | the 5 subdivisions of work separately to responsible and | 21 | | reliable persons, firms, or corporations engaged in these | 22 | | classes of work. The contracts, at the discretion of the | 23 | | construction agency, may be assigned to the successful bidder | 24 | | on the general contract work or to the successful bidder on the | 25 | | subdivision of work designated by the construction agency | 26 | | before the bidding as the prime subdivision of work, provided |
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| 1 | | that all payments will be made directly to the contractors for | 2 | | the 5 subdivisions of work upon compliance with the conditions | 3 | | of the contract. | 4 | | (Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15; | 5 | | 99-257, eff. 8-4-15.)
| 6 | | (30 ILCS 500/35-30) | 7 | | Sec. 35-30. Awards. | 8 | | (a) All State contracts for professional and artistic | 9 | | services, except as
provided in this Section, shall be awarded | 10 | | using the
competitive request for proposal process outlined in | 11 | | this Section. | 12 | | (b) For each contract offered, the chief procurement | 13 | | officer, State
purchasing officer, or his or her designee shall | 14 | | use the appropriate standard
solicitation
forms
available from | 15 | | the chief procurement officer for matters other than | 16 | | construction or the higher
education chief procurement | 17 | | officer. | 18 | | (c) Prepared forms shall be submitted to the chief | 19 | | procurement officer for matters other than construction or the | 20 | | higher education chief procurement officer,
whichever is | 21 | | appropriate, for
publication in its Illinois Procurement | 22 | | Bulletin and circulation to the chief procurement officer for | 23 | | matters other than construction
or the higher education chief | 24 | | procurement officer's list of
prequalified vendors. Notice of | 25 | | the offer or request for
proposal shall appear at least 14 |
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| 1 | | calendar days before the response to the offer is due. | 2 | | (d) All interested respondents shall return their | 3 | | responses to the chief procurement officer for matters other | 4 | | than construction
or the higher education chief procurement | 5 | | officer,
whichever is appropriate, which shall open
and record | 6 | | them. The chief procurement officer for matters other than | 7 | | construction or higher education chief procurement officer
| 8 | | then shall forward the responses, together
with any
information | 9 | | it has available about the qualifications and other State work
| 10 | | of the respondents. | 11 | | (e) After evaluation, ranking, and selection, the | 12 | | responsible chief
procurement officer, State purchasing | 13 | | officer, or
his or her designee shall notify the chief | 14 | | procurement officer for matters other than construction
or the | 15 | | higher education chief procurement officer, whichever is | 16 | | appropriate,
of the successful respondent and shall forward
a | 17 | | copy of the signed contract for the chief procurement officer | 18 | | for matters other than construction or higher education chief
| 19 | | procurement officer's file. The chief procurement officer for | 20 | | matters other than construction or higher education chief
| 21 | | procurement officer shall
publish the names of the
responsible | 22 | | procurement decision-maker,
the agency letting the contract, | 23 | | the
successful respondent, a contract reference, and value of | 24 | | the let contract
in the next appropriate volume of the Illinois | 25 | | Procurement Bulletin. | 26 | | (f) For all professional and artistic contracts with |
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| 1 | | annualized value
that exceeds $100,000 $25,000 , evaluation and | 2 | | ranking by price are required. Any chief
procurement officer or | 3 | | State purchasing officer,
but not their designees, may select a | 4 | | respondent other than the lowest respondent by
price. In any | 5 | | case, when the contract exceeds the $100,000 $25,000 threshold | 6 | | and
the lowest respondent is not selected, the chief | 7 | | procurement officer or the State
purchasing officer shall | 8 | | forward together
with the contract notice of who the low | 9 | | respondent by price was and a written decision as
to why | 10 | | another was selected to the chief procurement officer for | 11 | | matters other than construction or
the higher education chief | 12 | | procurement officer, whichever is appropriate.
The chief | 13 | | procurement officer for matters other than construction or | 14 | | higher education chief procurement officer shall publish as
| 15 | | provided in subsection (e) of Section 35-30,
but
shall include | 16 | | notice of the chief procurement officer's or State purchasing
| 17 | | officer's written decision. | 18 | | (g) The chief procurement officer for matters other than | 19 | | construction and higher education chief
procurement officer | 20 | | may each refine, but not
contradict, this Section by | 21 | | promulgating rules
for submission to the Procurement Policy | 22 | | Board and then to the Joint Committee
on Administrative Rules. | 23 | | Any
refinement shall be based on the principles and procedures | 24 | | of the federal
Architect-Engineer Selection Law, Public Law | 25 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 26 | | Surveying Qualifications Based Selection
Act; except that |
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| 1 | | pricing shall be an integral part of the selection process. | 2 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 3 | | (30 ILCS 500/35-35) | 4 | | Sec. 35-35. Exceptions. | 5 | | (a) Exceptions to Section 35-30 are allowed for sole source | 6 | | procurements,
emergency procurements, and at the discretion of | 7 | | the chief procurement officer
or the State purchasing officer, | 8 | | but not
their designees, for professional and artistic | 9 | | contracts that are nonrenewable,
one year or less in duration, | 10 | | and have a value of less than $100,000 $20,000 . | 11 | | (b) All exceptions granted under this Article must still be | 12 | | submitted to the chief procurement officer for matters other | 13 | | than construction
or the higher education chief procurement | 14 | | officer, whichever is appropriate,
and published as provided | 15 | | for in subsection (f) of Section 35-30, shall name
the | 16 | | authorizing
chief procurement officer or State purchasing | 17 | | officer, and shall include a
brief explanation of the reason | 18 | | for the exception. | 19 | | (Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
| 20 | | (30 ILCS 500/45-40)
| 21 | | Sec. 45-40. Gas mileage.
| 22 | | (a) Specification. Contracts for the purchase or
lease of | 23 | | new passenger
automobiles, other than station wagons, vans, | 24 | | four-wheel drive
vehicles, emergency vehicles,
and police and |
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| 1 | | fire vehicles, shall specify the procurement of a
model that, | 2 | | according to the most
current mileage study published by the | 3 | | U.S. Environmental
Protection Agency, can achieve at
least the | 4 | | minimum average fuel economy in miles per gallon imposed
upon | 5 | | manufacturers of
vehicles under Title V of The Motor Vehicle | 6 | | Information and Cost
Savings Act.
| 7 | | (b) Exemptions. The State purchasing officer may exempt
| 8 | | procurements from the
requirement of subsection (a) when there | 9 | | is a demonstrated need,
submitted in writing, or based on | 10 | | intended use or other reasonable considerations, such as the | 11 | | health and safety of Illinois citizens, for an
automobile that | 12 | | does not meet the minimum average fuel economy
standards. | 13 | | (c) The chief procurement officer shall
promulgate rules | 14 | | for determining need consistent with the intent
of this | 15 | | Section.
| 16 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 17 | | (30 ILCS 500/45-15 rep.)
| 18 | | Section 10. The Illinois Procurement Code is amended by | 19 | | repealing Section 45-15. | 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 500/1-10 | | | 4 | | 30 ILCS 500/1-12 | | | 5 | | 30 ILCS 500/1-12.1 new | | | 6 | | 30 ILCS 500/1-13 | | | 7 | | 30 ILCS 500/1-13.1 new | | | 8 | | 30 ILCS 500/1-15.20 | | | 9 | | 30 ILCS 500/1-15.47 new | | | 10 | | 30 ILCS 500/1-15.48 new | | | 11 | | 30 ILCS 500/1-15.93 | | | 12 | | 30 ILCS 500/1-15.107 | | | 13 | | 30 ILCS 500/5-30 | | | 14 | | 30 ILCS 500/10-15 | | | 15 | | 30 ILCS 500/20-10 | | | 16 | | 30 ILCS 500/20-15 | | | 17 | | 30 ILCS 500/20-20 | | | 18 | | 30 ILCS 500/20-43 | | | 19 | | 30 ILCS 500/20-80 | | | 20 | | 30 ILCS 500/20-160 | | | 21 | | 30 ILCS 500/25-85 new | | | 22 | | 30 ILCS 500/30-30 | | | 23 | | 30 ILCS 500/35-30 | | | 24 | | 30 ILCS 500/35-35 | | | 25 | | 30 ILCS 500/45-40 | | |
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| 1 | | 30 ILCS 500/45-15 rep. | |
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