Full Text of SB3884 102nd General Assembly
SB3884sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 2/10/2022
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| 1 | | AMENDMENT TO SENATE BILL 3884
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3884 by replacing | 3 | | line 8 on page 1 through line 4 on page 2 with the following:
| 4 | | "(30 ILCS 500/1-13.5 new) | 5 | | Sec. 1-13.5. Applicability to public institutions of | 6 | | higher education. | 7 | | (a) Public institutions of higher education shall procure | 8 | | their needs in a manner substantially in accordance with the | 9 | | requirements of this Code and a Chief Procurement Officer | 10 | | appointed by a committee composed of the Illinois Public | 11 | | University Presidents or their designee, with the advice and | 12 | | consent of the Senate, shall adopt rules to meet their needs. | 13 | | The Chief Procurement Officer shall adopt such rules in | 14 | | accordance with Section 5-25. | 15 | | (b) The Chief Procurement Officer shall have | 16 | | qualifications meeting those outlined in subsection (c) of | 17 | | Section 10-35 at minimum, but shall have past experience in |
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| 1 | | Higher Education or exhibit an above average understanding of | 2 | | Higher Education. | 3 | | (c) Public institutions of higher education shall observe | 4 | | Article 5 of this Code and be responsible to the authority of | 5 | | the Procurement Policy Board and the Commission on Equity and | 6 | | Inclusion. | 7 | | (d) This Code shall not apply to procurements made by or on | 8 | | behalf of public institutions of higher education for any of | 9 | | the following: | 10 | | (1) Memberships in professional, academic, research,
| 11 | | or athletic organizations on behalf of a public | 12 | | institution of higher education, an employee of a public | 13 | | institution of higher education, or a student at a public | 14 | | institution of 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 | 23 | | majority 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 by or for a public institution of |
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| 1 | | higher education. | 2 | | (5) Procurement expenditures for periodicals, books,
| 3 | | subscriptions, database licenses, and other publications | 4 | | procured for use by a university library or academic | 5 | | department, except for expenditures related to procuring | 6 | | textbooks for student use or materials for resale or | 7 | | rental. | 8 | | (6) Procurement expenditures for placement of
students | 9 | | in externships, practicums, field experiences, and medical | 10 | | 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 | | Notice of each contract in excess of the small purchase | 23 | | threshold entered into by a public institution of higher | 24 | | education that is related to the procurement of goods and | 25 | | services identified in items (1) through (9) of this | 26 | | subsection shall be published in the Procurement Bulletin |
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| 1 | | within 14 calendar days after contract execution. The Chief | 2 | | Procurement Officer shall prescribe the form and content of | 3 | | the notice. Each public institution of higher education shall | 4 | | provide the Chief Procurement Officer, on a monthly basis, in | 5 | | the form and content prescribed by the Chief Procurement | 6 | | Officer, a report of contracts that are related to the | 7 | | procurement of goods and services identified in this | 8 | | subsection. At a minimum, this report shall include the name | 9 | | of the contractor, a description of the supply or service | 10 | | provided, the total amount of the contract, the term of the | 11 | | contract, and the exception to the Code utilized. A copy of any | 12 | | or all of these contracts shall be made available to the Chief | 13 | | Procurement Officer immediately upon request. The Chief | 14 | | Procurement Officer shall submit a report to the Governor and | 15 | | General Assembly no later than November 1 of each year that | 16 | | shall include, at a minimum, an annual summary of the monthly | 17 | | information reported to the Chief Procurement Officer. | 18 | | (e) Except as provided in this subsection, the provisions | 19 | | of this Code shall not apply to contracts for medical | 20 | | supplies, and to contracts for medical services necessary for | 21 | | the delivery of care and treatment at medical, dental, or | 22 | | veterinary teaching facilities utilized by Southern Illinois | 23 | | University or the University of Illinois and at any | 24 | | university-operated health care center or dispensary that | 25 | | provides care, treatment, and medications for students, | 26 | | faculty and staff. Other supplies and services needed for |
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| 1 | | these teaching facilities shall be subject to the jurisdiction | 2 | | of the Chief Procurement Officer for Public Institutions of | 3 | | Higher Education who may establish expedited procurement | 4 | | procedures and may waive or modify certification, contract, | 5 | | hearing, process and registration requirements required by the | 6 | | Code. All procurements made under this subsection shall be | 7 | | documented and may require publication in the Illinois | 8 | | Procurement Bulletin. | 9 | | (f) Procurements made by or on behalf of the University of | 10 | | Illinois for investment services may be procured without being | 11 | | subject to the requirements of this Code. Any contract | 12 | | extended, renewed, or entered pursuant to this exception shall | 13 | | be published on the Higher Education Bulletin. | 14 | | (g) Upon the written request of a public institution of | 15 | | higher education, the Chief Procurement Officer may waive | 16 | | contract, registration, certification, and hearing | 17 | | requirements of this Code if, based on the item to be procured | 18 | | or the terms of a grant, compliance is impractical. The public | 19 | | institution of higher education shall provide the Chief | 20 | | Procurement Officer with specific reasons for the waiver, | 21 | | including the necessity of contracting with a particular | 22 | | potential contractor, and shall certify that an effort was | 23 | | made in good faith to comply with the provisions of this Code. | 24 | | The Chief Procurement Officer shall provide written | 25 | | justification for any waivers. By November 1 of each year, the | 26 | | Chief Procurement Officer shall file a report with the General |
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| 1 | | Assembly identifying each contract approved with waivers and | 2 | | providing the justification given for any waivers for each of | 3 | | those contracts. Notice of each waiver made under this | 4 | | subsection shall be published in the Procurement Bulletin | 5 | | within 14 calendar days after contract execution. The Chief | 6 | | Procurement Officer shall prescribe the form and content of | 7 | | the notice. | 8 | | (h) Notwithstanding this Section, a waiver of the | 9 | | registration requirements of Section 20-160 does not permit a | 10 | | business entity and any affiliated entities or affiliated | 11 | | persons to make campaign contributions if otherwise prohibited | 12 | | by Section 50-37. The total amount of contracts awarded in | 13 | | accordance with this Section shall be included in determining | 14 | | the aggregate amount of contracts or pending bids of a | 15 | | business entity and any affiliated entities or affiliated | 16 | | persons. | 17 | | (i) Notwithstanding subsection (e) of Section 50-10.5 of | 18 | | this Code, the Chief Procurement Officer, may permit a public | 19 | | institution of higher education to accept a bid or enter into a | 20 | | contract with a business that assisted the public institution | 21 | | of higher education in determining whether there is a need for | 22 | | a contract or assisted in reviewing, drafting, or preparing | 23 | | documents related to a bid or contract, provided that the bid | 24 | | or contract is essential to research administered by the | 25 | | public institution of higher education and it is in the best | 26 | | interest of the public institution of higher education to |
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| 1 | | accept the bid or contract. For purposes of this subsection, | 2 | | "business" includes all individuals with whom a business is | 3 | | affiliated, including, but not limited to, any officer, agent, | 4 | | employee, consultant, independent contractor, director, | 5 | | partner, manager, or shareholder of a business. The Chief | 6 | | Procurement Officer for Higher Education may adopt rules for | 7 | | the implementation and administration of the provisions of | 8 | | this subsection. | 9 | | (j) As used in this Section: | 10 | | "Grant" means nonappropriated funding provided by a | 11 | | federal or private entity to support a project or program | 12 | | administered by a public institution of higher education and | 13 | | any nonappropriated funding provided to a sub-recipient of the | 14 | | grant. | 15 | | "Public institution of higher education" means Chicago | 16 | | State University, Eastern Illinois University, Governors State | 17 | | University, Illinois State University, Northeastern Illinois | 18 | | University, Northern Illinois University, Southern Illinois | 19 | | University, University of Illinois, Western Illinois | 20 | | University, and, for purposes of this Code only, the Illinois | 21 | | Mathematics and Science Academy. ".
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