Full Text of HB4333 99th General Assembly
HB4333 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4333 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Re-enacts a provision concerning the applicability of the Illinois Procurement Code to public institutions of higher education. Defines "master contract" and "multiple award". Sets forth provisions concerning multi-step sealed bidding, competitive sealed proposals, small purchases, sole source procurements emergency purchases, and multi-step sealed proposals. Sets forth provisions with respect to a bidder or offeror's noncompliance with the registration requirements as of the date bids or proposals are due. Removes provisions with respect to the competitive request for proposal process. Makes other changes. Amends the Small Business Contract Act. Makes conforming changes. Amends the Governmental Joint Purchasing Act. Provides that each chief procurement officer may authorize the purchase or lease of personal property, supplies, and services which have been procured through a competitive process by a federal agency or other entities. Effective immediately.
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| | A BILL FOR |
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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 | | changing Sections 1-12, 1-13, 20-10, 20-15, 20-20, 20-25, | 6 | | 20-30, 20-43, 20-160, 35-5, 35-30, 45-30, and 45-57 and by | 7 | | adding Sections 1-13.1, 1-15.47, and 1-15.48 as follows: | 8 | | (30 ILCS 500/1-12) | 9 | | (Section scheduled to be repealed on December 31, 2016) | 10 | | Sec. 1-12. Applicability to artistic or musical services. | 11 | | (a) This Code shall
not apply to procurement expenditures | 12 | | necessary to provide artistic or musical services, | 13 | | performances, or theatrical productions held at a venue | 14 | | operated or leased by a State agency. | 15 | | (b) Notice of each contract entered into by a State agency | 16 | | that is related to the procurement of goods and services | 17 | | identified in this Section shall be published in the Illinois | 18 | | Procurement Bulletin within 14 calendar days after contract | 19 | | execution. The chief procurement officer shall prescribe the | 20 | | form and content of the notice. Each State agency shall provide | 21 | | the chief procurement officer, on a monthly basis, in the form | 22 | | and content prescribed by the chief procurement officer, a | 23 | | report of contracts that are related to the procurement of |
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| 1 | | goods and services identified in this Section. At a minimum, | 2 | | this report shall include the name of the contractor, a | 3 | | description of the supply or service provided, the total amount | 4 | | of the contract, the term of the contract, and the exception to | 5 | | the Code utilized. A copy of any or all of these contracts | 6 | | shall be made available to the chief procurement officer | 7 | | immediately upon request. The chief procurement officer shall | 8 | | submit a report to the Governor and General Assembly no later | 9 | | than November 1 of each year that shall include, at a minimum, | 10 | | an annual summary of the monthly information reported to the | 11 | | chief procurement officer. | 12 | | (c) (Blank).
This Section is repealed December 31, 2016.
| 13 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 14 | | (30 ILCS 500/1-13) | 15 | | (Section scheduled to be repealed on December 31, 2016) | 16 | | Sec. 1-13. Applicability to public institutions of higher | 17 | | education. | 18 | | (a) This Code shall apply to public institutions of higher | 19 | | education, regardless of the source of the funds with which | 20 | | contracts are paid, except as provided in this Section. | 21 | | (b) Except as provided in this Section, this Code shall not | 22 | | apply to procurements made by or on behalf of public | 23 | | institutions of higher education for any of the following: | 24 | | (1) Memberships in professional, academic, research, | 25 | | or athletic organizations on behalf of a public institution |
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| 1 | | of higher education, an employee of a public institution of | 2 | | higher education, or a student at a public institution of | 3 | | higher education. | 4 | | (2) Procurement expenditures for events or activities | 5 | | paid for exclusively by revenues generated by the event or | 6 | | activity, gifts or donations for the event or activity, | 7 | | private grants, or any combination thereof. | 8 | | (3) Procurement expenditures for events or activities | 9 | | for which the use of specific potential contractors is | 10 | | mandated or identified by the sponsor of the event or | 11 | | activity, provided that the sponsor is providing a majority | 12 | | of the funding for the event or activity. | 13 | | (4) Procurement expenditures necessary to provide | 14 | | artistic or musical services, performances, or productions | 15 | | held at a venue operated by a public institution of higher | 16 | | education. | 17 | | (5) Procurement expenditures for periodicals and books | 18 | | procured for use by a university library or academic | 19 | | department, except for expenditures related to procuring | 20 | | textbooks for student use or materials for resale or | 21 | | rental. | 22 | | (6) Procurement expenditures for placement of students | 23 | | in externships, practicums, field experiences, and medical | 24 | | residencies and rotations. | 25 | | (7) Contracts for programming and broadcast license | 26 | | rights for university-operated radio and television |
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| 1 | | stations. | 2 | | Notice of each contract entered into by a public institution of | 3 | | higher education that is related to the procurement of goods | 4 | | and services identified in items (1) through (7) of this | 5 | | subsection shall be published in the Procurement Bulletin | 6 | | within 14 calendar days after contract execution. The Chief | 7 | | Procurement Officer shall prescribe the form and content of the | 8 | | notice. Each public institution of higher education shall | 9 | | provide the Chief Procurement Officer, on a monthly basis, in | 10 | | the form and content prescribed by the Chief Procurement | 11 | | Officer, a report of contracts that are related to the | 12 | | procurement of goods and services identified in this | 13 | | subsection. At a minimum, this report shall include the name of | 14 | | the contractor, a description of the supply or service | 15 | | provided, the total amount of the contract, the term of the | 16 | | contract, and the exception to the Code utilized. A copy of any | 17 | | or all of these contracts shall be made available to the Chief | 18 | | Procurement Officer immediately upon request. The Chief | 19 | | Procurement Officer shall submit a report to the Governor and | 20 | | General Assembly no later than November 1 of each year that | 21 | | shall include, at a minimum, an annual summary of the monthly | 22 | | information reported to the Chief Procurement Officer. | 23 | | (b-5) Except as provided in this subsection, the provisions | 24 | | of this Code shall not apply to contracts for FDA-regulated | 25 | | supplies, and to contracts for medical services necessary for | 26 | | the delivery of care and treatment at medical, dental, or |
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| 1 | | veterinary teaching facilities utilized by Southern Illinois | 2 | | University or the University of Illinois. Other supplies and | 3 | | services needed for these teaching facilities shall be subject | 4 | | to the jurisdiction of the Chief Procurement Officer for Public | 5 | | Institutions of Higher Education who may establish expedited | 6 | | procurement procedures and may waive or modify certification, | 7 | | contract, hearing, process and registration requirements | 8 | | required by the Code. All procurements made under this | 9 | | subsection shall be documented and may require publication in | 10 | | the Illinois Procurement Bulletin. | 11 | | (c) Procurements made by or on behalf of public | 12 | | institutions of higher education for any of the following shall | 13 | | be made in accordance with the requirements of this Code to the | 14 | | extent practical as provided in this subsection: | 15 | | (1) Contracts with a foreign entity necessary for | 16 | | research or educational activities, provided that the | 17 | | foreign entity either does not maintain an office in the | 18 | | United States or is the sole source of the service or | 19 | | product. | 20 | | (2) (Blank). | 21 | | (3) (Blank). | 22 | | (4) Procurements required for fulfillment of a grant. | 23 | | Upon the written request of a public institution of higher | 24 | | education, the Chief Procurement Officer may waive | 25 | | registration, certification, and hearing requirements of this | 26 | | Code if, based on the item to be procured or the terms of a |
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| 1 | | grant, compliance is impractical. The public institution of | 2 | | higher education shall provide the Chief Procurement Officer | 3 | | with specific reasons for the waiver, including the necessity | 4 | | of contracting with a particular potential contractor, and | 5 | | shall certify that an effort was made in good faith to comply | 6 | | with the provisions of this Code. The Chief Procurement Officer | 7 | | shall provide written justification for any waivers. By | 8 | | November 1 of each year, the Chief Procurement Officer shall | 9 | | file a report with the General Assembly identifying each | 10 | | contract approved with waivers and providing the justification | 11 | | given for any waivers for each of those contracts. Notice of | 12 | | each waiver made under this subsection shall be published in | 13 | | the Procurement Bulletin within 14 calendar days after contract | 14 | | execution. The Chief Procurement Officer shall prescribe the | 15 | | form and content of the notice. | 16 | | (d) Notwithstanding this Section, a waiver of the | 17 | | registration requirements of Section 20-160 does not permit a | 18 | | business entity and any affiliated entities or affiliated | 19 | | persons to make campaign contributions if otherwise prohibited | 20 | | by Section 50-37. The total amount of contracts awarded in | 21 | | accordance with this Section shall be included in determining | 22 | | the aggregate amount of contracts or pending bids of a business | 23 | | entity and any affiliated entities or affiliated persons. | 24 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 25 | | this Code, the Chief Procurement Officer, with the approval of | 26 | | the Executive Ethics Commission, may permit a public |
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| 1 | | institution of higher education to accept a bid or enter into a | 2 | | contract with a business that assisted the public institution | 3 | | of higher education in determining whether there is a need for | 4 | | a contract or assisted in reviewing, drafting, or preparing | 5 | | documents related to a bid or contract, provided that the bid | 6 | | or contract is essential to research administered by the public | 7 | | institution of higher education and it is in the best interest | 8 | | of the public institution of higher education to accept the bid | 9 | | or contract. For purposes of this subsection, "business" | 10 | | includes all individuals with whom a business is affiliated, | 11 | | including, but not limited to, any officer, agent, employee, | 12 | | consultant, independent contractor, director, partner, | 13 | | manager, or shareholder of a business. The Executive Ethics | 14 | | Commission may promulgate rules and regulations for the | 15 | | implementation and administration of the provisions of this | 16 | | subsection (e). | 17 | | (f) As used in this Section: | 18 | | "Grant" means non-appropriated funding provided by a | 19 | | federal or private entity to support a project or program | 20 | | administered by a public institution of higher education and | 21 | | any non-appropriated funding provided to a sub-recipient of the | 22 | | grant. | 23 | | "Public institution of higher education" means Chicago | 24 | | State University, Eastern Illinois University, Governors State | 25 | | University, Illinois State University, Northeastern Illinois | 26 | | University, Northern Illinois University, Southern Illinois |
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| 1 | | University, University of Illinois, Western Illinois | 2 | | University, and, for purposes of this Code only, the Illinois | 3 | | Mathematics and Science Academy. | 4 | | (g) This Section is repealed on December 31, 2016.
| 5 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | 6 | | 98-1076, eff. 1-1-15 .) | 7 | | (30 ILCS 500/1-13.1 new) | 8 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | 9 | | validation. | 10 | | (a) The General Assembly finds and declares that: | 11 | | (1) Public Act 98-1076, which took effect on January 1, | 12 | | 2015, changed the repeal date set for Section 1-13 of this | 13 | | Code from December 31, 2014 to December 31, 2016. | 14 | | (2) The Statute on Statutes sets forth general rules on | 15 | | the repeal of statutes and the construction of multiple | 16 | | amendments, but Section 1 of that Act also states that | 17 | | these rules will not be observed when the result would be | 18 | | "inconsistent with the manifest intent of the General | 19 | | Assembly or repugnant to the context of the statute". | 20 | | (3) This amendatory Act of the 99th General Assembly | 21 | | manifests the intention of the General Assembly to extend | 22 | | the repeal of Section 1-13 of this Code and have Section | 23 | | 1-13 of this Code continue in effect until December 31, | 24 | | 2016. | 25 | | (4) Section 1-13 of this Code was originally enacted to |
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| 1 | | protect, promote, and preserve the general welfare. Any | 2 | | construction of Section 1-13 of this Code that results in | 3 | | the repeal of that Section on December 31, 2014 would be | 4 | | inconsistent with the manifest intent of the General | 5 | | Assembly and repugnant to the context of this Code. | 6 | | (b) It is hereby declared to have been the intent of the | 7 | | General Assembly that Section 1-13 of this Code not be subject | 8 | | to repeal on December 31, 2014. | 9 | | (c) Section 1-13 of this Code shall be deemed to have been | 10 | | in continuous effect since December 20, 2011 (the effective | 11 | | date of Public Act 97-643), and it shall continue to be in | 12 | | effect henceforward until it is otherwise lawfully repealed. | 13 | | All previously enacted amendments to Section 1-13 of this Code | 14 | | taking effect on or after December 31, 2014, are hereby | 15 | | validated. | 16 | | (d) All actions taken in reliance on or pursuant to Section | 17 | | 1-13 of this Code by any public institution of higher | 18 | | education, person, or entity are hereby validated. | 19 | | (e) In order to ensure the continuing effectiveness of | 20 | | Section 1-13 of this Code, it is set forth in full and | 21 | | re-enacted by this amendatory Act of the 99th General Assembly. | 22 | | This re-enactment is intended as a continuation of that | 23 | | Section. It is not intended to supersede any amendment to that | 24 | | Section that is enacted by the 99th General Assembly. | 25 | | (f) In this amendatory Act of the 99th General Assembly, | 26 | | the base text of the reenacted Section is set forth as amended |
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| 1 | | by Public Act 98-1076. Striking and underscoring is used only | 2 | | to show changes being made to the base text. In this instance, | 3 | | no underscoring or striking is shown in the base text because | 4 | | no additional changes are being made. | 5 | | (g) Section 1-13 of this Code applies to all procurements | 6 | | made on or before the effective date of this amendatory Act of | 7 | | the 99th General Assembly. | 8 | | (30 ILCS 500/1-15.47 new) | 9 | | Sec. 1-15.47. Master contract. "Master contract" means a | 10 | | definite quantity, indefinite quantity, or requirements | 11 | | contract awarded in accordance with this Code, against which | 12 | | subsequent orders may be placed to meet the needs of a State | 13 | | agency. A master contract may be for use by a single State | 14 | | agency or for multiple State agencies and other entities as | 15 | | authorized under the Governmental Joint Purchasing Act. | 16 | | (30 ILCS 500/1-15.48 new) | 17 | | Sec. 1-15.48. Multiple award. "Multiple award" means an | 18 | | award that is made to 2 or more bidders or offerors for similar | 19 | | supplies, services, or construction-related services.
| 20 | | (30 ILCS 500/20-10)
| 21 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 22 | | and 98-1076) | 23 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
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| 1 | | (a) Conditions for use. All contracts shall be awarded by
| 2 | | competitive sealed bidding
except as otherwise provided in | 3 | | Section 20-5.
| 4 | | (b) Invitation for bids. An invitation for bids shall be
| 5 | | issued and shall include a
purchase description and the | 6 | | material contractual terms and
conditions applicable to the
| 7 | | procurement.
| 8 | | (c) Public notice. Public notice of the invitation for bids | 9 | | shall be
published in the Illinois Procurement Bulletin at | 10 | | least 14 calendar days before the date
set in the invitation | 11 | | for the opening of bids.
| 12 | | (d) Bid opening. Bids shall be opened publicly in the
| 13 | | presence of one or more witnesses
at the time and place | 14 | | designated in the invitation for bids. The
name of each bidder, | 15 | | the amount
of each bid, and other relevant information as may | 16 | | be specified by
rule shall be
recorded. After the award of the | 17 | | contract, the winning bid and the
record of each unsuccessful | 18 | | bid shall be open to
public inspection.
| 19 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 20 | | unconditionally accepted without
alteration or correction, | 21 | | except as authorized in this Code. Bids
shall be evaluated | 22 | | based on the
requirements set forth in the invitation for bids, | 23 | | which may
include criteria to determine
acceptability such as | 24 | | inspection, testing, quality, workmanship,
delivery, and | 25 | | suitability for a
particular purpose. Those criteria that will | 26 | | affect the bid price
and be considered in evaluation
for award, |
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| 1 | | such as discounts, transportation costs, and total or
life | 2 | | cycle costs, shall be
objectively measurable. The invitation | 3 | | for bids shall set forth
the evaluation criteria to be used.
| 4 | | (f) Correction or withdrawal of bids. Correction or
| 5 | | withdrawal of inadvertently
erroneous bids before or after | 6 | | award, or cancellation of awards of
contracts based on bid
| 7 | | mistakes, shall be permitted in accordance with rules.
After | 8 | | bid opening, no
changes in bid prices or other provisions of | 9 | | bids prejudicial to
the interest of the State or fair
| 10 | | competition shall be permitted. All decisions to permit the
| 11 | | correction or withdrawal of bids
based on bid mistakes shall be | 12 | | supported by written determination
made by a State purchasing | 13 | | officer.
| 14 | | (g) Award. The contract shall be awarded with reasonable
| 15 | | promptness by written notice
to the lowest responsible and | 16 | | responsive bidder whose bid meets
the requirements and criteria
| 17 | | set forth in the invitation for bids, except when a State | 18 | | purchasing officer
determines it is not in the best interest of | 19 | | the State and by written
explanation determines another bidder | 20 | | shall receive the award. The explanation
shall appear in the | 21 | | appropriate volume of the Illinois Procurement Bulletin. The | 22 | | written explanation must include:
| 23 | | (1) a description of the agency's needs; | 24 | | (2) a determination that the anticipated cost will be | 25 | | fair and reasonable; | 26 | | (3) a listing of all responsible and responsive |
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| 1 | | bidders; and | 2 | | (4) the name of the bidder selected, the total contract | 3 | | price, and the reasons for selecting that bidder. | 4 | | When a multiple award is contemplated, the solicitation | 5 | | shall identify the award criteria and a detailed method of | 6 | | selecting from among the multiple awardees. | 7 | | Each chief procurement officer may adopt guidelines to | 8 | | implement the requirements of this subsection (g). | 9 | | The written explanation shall be filed with the Legislative | 10 | | Audit Commission and the Procurement Policy Board, and be made | 11 | | available for inspection by the public, within 30 calendar days | 12 | | after the agency's decision to award the contract. | 13 | | (h) Multi-step sealed bidding. When it is considered
| 14 | | impracticable to initially prepare
a purchase description to | 15 | | support an award based on price, an
invitation for bids may be | 16 | | issued
requesting the submission of unpriced offers to be | 17 | | followed by written requests for sealed quotes with pricing to | 18 | | meet the immediate need and an
invitation for bids limited to
| 19 | | those bidders whose offers have been qualified under the | 20 | | criteria
set forth in the first solicitation. An award shall be | 21 | | made to the responsible vendor with the lowest priced quote | 22 | | meeting the needs of the State agency.
| 23 | | (i) Alternative procedures. Notwithstanding any other | 24 | | provision of this Act to the contrary, the Director of the | 25 | | Illinois Power Agency may create alternative bidding | 26 | | procedures to be used in procuring professional services under |
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| 1 | | subsection (a) of Section 1-75 and subsection (d) of Section | 2 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 3 | | of the Public Utilities Act and to procure renewable energy | 4 | | resources under Section 1-56 of the Illinois Power Agency Act. | 5 | | These alternative procedures shall be set forth together with | 6 | | the other criteria contained in the invitation for bids, and | 7 | | shall appear in the appropriate volume of the Illinois | 8 | | Procurement Bulletin.
| 9 | | (j) Reverse auction. Notwithstanding any other provision | 10 | | of this Section and in accordance with rules adopted by the | 11 | | chief procurement officer, that chief procurement officer may | 12 | | procure supplies or services through a competitive electronic | 13 | | auction bidding process after the chief procurement officer | 14 | | determines that the use of such a process will be in the best | 15 | | interest of the State. The chief procurement officer shall | 16 | | publish that determination in his or her next volume of the | 17 | | Illinois Procurement Bulletin. | 18 | | An invitation for bids shall be issued and shall include | 19 | | (i) a procurement description, (ii) all contractual terms, | 20 | | whenever practical, and (iii) conditions applicable to the | 21 | | procurement, including a notice that bids will be received in | 22 | | an electronic auction manner. | 23 | | Public notice of the invitation for bids shall be given in | 24 | | the same manner as provided in subsection (c). | 25 | | Bids shall be accepted electronically at the time and in | 26 | | the manner designated in the invitation for bids. During the |
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| 1 | | auction, a bidder's price shall be disclosed to other bidders. | 2 | | Bidders shall have the opportunity to reduce their bid prices | 3 | | during the auction. At the conclusion of the auction, the | 4 | | record of the bid prices received and the name of each bidder | 5 | | shall be open to public inspection. | 6 | | After the auction period has terminated, withdrawal of bids | 7 | | shall be permitted as provided in subsection (f). | 8 | | The contract shall be awarded within 60 calendar days after | 9 | | the auction by written notice to the lowest responsible bidder, | 10 | | or all bids shall be rejected except as otherwise provided in | 11 | | this Code. Extensions of the date for the award may be made by | 12 | | mutual written consent of the State purchasing officer and the | 13 | | lowest responsible bidder. | 14 | | This subsection does not apply to (i) procurements of | 15 | | professional and artistic services, (ii) telecommunications | 16 | | services, communication services, and information services, | 17 | | and (iii) contracts for construction projects, including | 18 | | design professional services. | 19 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 20 | | 98-1076, eff. 1-1-15.)
| 21 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 22 | | and 98-1076)
| 23 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 24 | | (a) Conditions for use. All contracts shall be awarded by
| 25 | | competitive sealed bidding
except as otherwise provided in |
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| 1 | | Section 20-5.
| 2 | | (b) Invitation for bids. An invitation for bids shall be
| 3 | | issued and shall include a
purchase description and the | 4 | | material contractual terms and
conditions applicable to the
| 5 | | procurement.
| 6 | | (c) Public notice. Public notice of the invitation for bids | 7 | | shall be
published in the Illinois Procurement Bulletin at | 8 | | least 14 calendar days before the date
set in the invitation | 9 | | for the opening of bids.
| 10 | | (d) Bid opening. Bids shall be opened publicly in the
| 11 | | presence of one or more witnesses
at the time and place | 12 | | designated in the invitation for bids. The
name of each bidder, | 13 | | the amount
of each bid, and other relevant information as may | 14 | | be specified by
rule shall be
recorded. After the award of the | 15 | | contract, the winning bid and the
record of each unsuccessful | 16 | | bid shall be open to
public inspection.
| 17 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 18 | | unconditionally accepted without
alteration or correction, | 19 | | except as authorized in this Code. Bids
shall be evaluated | 20 | | based on the
requirements set forth in the invitation for bids, | 21 | | which may
include criteria to determine
acceptability such as | 22 | | inspection, testing, quality, workmanship,
delivery, and | 23 | | suitability for a
particular purpose. Those criteria that will | 24 | | affect the bid price
and be considered in evaluation
for award, | 25 | | such as discounts, transportation costs, and total or
life | 26 | | cycle costs, shall be
objectively measurable. The invitation |
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| 1 | | for bids shall set forth
the evaluation criteria to be used.
| 2 | | (f) Correction or withdrawal of bids. Correction or
| 3 | | withdrawal of inadvertently
erroneous bids before or after | 4 | | award, or cancellation of awards of
contracts based on bid
| 5 | | mistakes, shall be permitted in accordance with rules.
After | 6 | | bid opening, no
changes in bid prices or other provisions of | 7 | | bids prejudicial to
the interest of the State or fair
| 8 | | competition shall be permitted. All decisions to permit the
| 9 | | correction or withdrawal of bids
based on bid mistakes shall be | 10 | | supported by written determination
made by a State purchasing | 11 | | officer.
| 12 | | (g) Award. The contract shall be awarded with reasonable
| 13 | | promptness by written notice
to the lowest responsible and | 14 | | responsive bidder whose bid meets
the requirements and criteria
| 15 | | set forth in the invitation for bids, except when a State | 16 | | purchasing officer
determines it is not in the best interest of | 17 | | the State and by written
explanation determines another bidder | 18 | | shall receive the award. The explanation
shall appear in the | 19 | | appropriate volume of the Illinois Procurement Bulletin. The | 20 | | written explanation must include:
| 21 | | (1) a description of the agency's needs; | 22 | | (2) a determination that the anticipated cost will be | 23 | | fair and reasonable; | 24 | | (3) a listing of all responsible and responsive | 25 | | bidders; and | 26 | | (4) the name of the bidder selected, the total contract |
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| 1 | | price, and the reasons for selecting that bidder. | 2 | | When a multiple award is contemplated, the solicitation | 3 | | shall identify the award criteria and a detailed method of | 4 | | selecting from among the multiple awardees. | 5 | | Each chief procurement officer may adopt guidelines to | 6 | | implement the requirements of this subsection (g). | 7 | | The written explanation shall be filed with the Legislative | 8 | | Audit Commission and the Procurement Policy Board, and be made | 9 | | available for inspection by the public, within 30 days after | 10 | | the agency's decision to award the contract. | 11 | | (h) Multi-step sealed bidding. When it is considered
| 12 | | impracticable to initially prepare
a purchase description to | 13 | | support an award based on price, an
invitation for bids may be | 14 | | issued
requesting the submission of unpriced offers to be | 15 | | followed by written requests for sealed quotes with pricing to | 16 | | meet the immediate need and an
invitation for bids limited to
| 17 | | those bidders whose offers have been qualified under the | 18 | | criteria
set forth in the first solicitation. An award shall be | 19 | | made to the responsible vendor with the lowest priced quote | 20 | | meeting the needs of the State agency.
| 21 | | (i) Alternative procedures. Notwithstanding any other | 22 | | provision of this Act to the contrary, the Director of the | 23 | | Illinois Power Agency may create alternative bidding | 24 | | procedures to be used in procuring professional services under | 25 | | subsection (a) of Section 1-75 and subsection (d) of Section | 26 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) |
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| 1 | | of the Public Utilities Act and to procure renewable energy | 2 | | resources under Section 1-56 of the Illinois Power Agency Act. | 3 | | These alternative procedures shall be set forth together with | 4 | | the other criteria contained in the invitation for bids, and | 5 | | shall appear in the appropriate volume of the Illinois | 6 | | Procurement Bulletin.
| 7 | | (j) Reverse auction. Notwithstanding any other provision | 8 | | of this Section and in accordance with rules adopted by the | 9 | | chief procurement officer, that chief procurement officer may | 10 | | procure supplies or services through a competitive electronic | 11 | | auction bidding process after the chief procurement officer | 12 | | determines that the use of such a process will be in the best | 13 | | interest of the State. The chief procurement officer shall | 14 | | publish that determination in his or her next volume of the | 15 | | Illinois Procurement Bulletin. | 16 | | An invitation for bids shall be issued and shall include | 17 | | (i) a procurement description, (ii) all contractual terms, | 18 | | whenever practical, and (iii) conditions applicable to the | 19 | | procurement, including a notice that bids will be received in | 20 | | an electronic auction manner. | 21 | | Public notice of the invitation for bids shall be given in | 22 | | the same manner as provided in subsection (c). | 23 | | Bids shall be accepted electronically at the time and in | 24 | | the manner designated in the invitation for bids. During the | 25 | | auction, a bidder's price shall be disclosed to other bidders. | 26 | | Bidders shall have the opportunity to reduce their bid prices |
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| 1 | | during the auction. At the conclusion of the auction, the | 2 | | record of the bid prices received and the name of each bidder | 3 | | shall be open to public inspection. | 4 | | After the auction period has terminated, withdrawal of bids | 5 | | shall be permitted as provided in subsection (f). | 6 | | The contract shall be awarded within 60 calendar days after | 7 | | the auction by written notice to the lowest responsible bidder, | 8 | | or all bids shall be rejected except as otherwise provided in | 9 | | this Code. Extensions of the date for the award may be made by | 10 | | mutual written consent of the State purchasing officer and the | 11 | | lowest responsible bidder. | 12 | | This subsection does not apply to (i) procurements of | 13 | | professional and artistic services, (ii) telecommunications | 14 | | services, communication services, and information services,
| 15 | | and (iii) contracts for construction projects, including | 16 | | design professional services. | 17 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 18 | | 98-1076, eff. 1-1-15 .)
| 19 | | (30 ILCS 500/20-15)
| 20 | | Sec. 20-15. Competitive sealed proposals.
| 21 | | (a) Conditions for use. When provided under this Code or | 22 | | under
rules, or when
the purchasing agency determines in | 23 | | writing that the use of
competitive sealed bidding
is either | 24 | | not practicable or not advantageous to the State, a
contract | 25 | | may be entered into by
competitive sealed proposals.
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| 1 | | (b) Request for proposals. Proposals shall be solicited
| 2 | | through a request for proposals.
| 3 | | (c) Public notice. Public notice of the request for
| 4 | | proposals shall be published in the
Illinois Procurement | 5 | | Bulletin at least 14 calendar days before the date set
in the | 6 | | invitation for the opening
of proposals.
| 7 | | (d) Receipt of proposals. Proposals shall be opened
| 8 | | publicly in the presence of one or
more witnesses at the time | 9 | | and place designated in the request for
proposals, but | 10 | | proposals shall
be opened in a manner to avoid disclosure of | 11 | | contents to competing
offerors during the process
of | 12 | | negotiation. A record of proposals shall be prepared and
shall | 13 | | be open for public inspection
after contract award.
| 14 | | (e) Evaluation factors. The requests for proposals shall
| 15 | | state the relative importance of
price and other evaluation | 16 | | factors. Proposals shall be submitted
in 2 parts: the first, | 17 | | covering
items except price; and the second, covering price. | 18 | | The first
part of all proposals shall be
evaluated and ranked | 19 | | independently of the second part of
all proposals.
| 20 | | (f) Discussion with responsible offerors and revisions of | 21 | | offers or
proposals. As provided in the
request for proposals | 22 | | and under rules, discussions
may be conducted with
responsible | 23 | | offerors who submit offers or proposals determined to be
| 24 | | reasonably susceptible of being
selected for award for the | 25 | | purpose of clarifying and assuring full
understanding of and
| 26 | | responsiveness to the solicitation requirements. Those |
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| 1 | | offerors
shall be accorded fair and equal
treatment with | 2 | | respect to any opportunity for discussion and
revision of | 3 | | proposals. Revisions
may be permitted after submission and | 4 | | before award for the
purpose of obtaining best and final
| 5 | | offers. In conducting discussions there shall be no disclosure | 6 | | of
any information derived from
proposals submitted by | 7 | | competing offerors.
If information is disclosed to any offeror, | 8 | | it shall be
provided to all competing offerors.
| 9 | | (g) Award. Awards shall be made to the responsible offeror
| 10 | | whose proposal is
determined in writing to be the most | 11 | | advantageous to the State,
taking into consideration price
and | 12 | | the evaluation factors set forth in the request for proposals.
| 13 | | When a multiple award is contemplated, the solicitation shall | 14 | | identify the award criteria and the detailed method of | 15 | | selecting from among the multiple awardees. The contract file | 16 | | shall contain
the basis on which any the award is
made.
| 17 | | (h) Multi-step sealed proposals. A request for proposals | 18 | | may be issued requesting the submission of offers to establish | 19 | | a pool of qualified vendors to be followed by written requests | 20 | | for specific proposals with pricing to meet the immediate need | 21 | | and limited to those in the pool of qualified vendors. | 22 | | Clarification, discussions, and best and finals shall be | 23 | | allowed as in a standard request for proposals in each step of | 24 | | the process. Award shall be made to the responsible vendors | 25 | | with the most advantageous proposal, price, and other factors | 26 | | being considered. |
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| 1 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 2 | | (30 ILCS 500/20-20)
| 3 | | Sec. 20-20. Small purchases.
| 4 | | (a) Amount. Any individual procurement of supplies or
| 5 | | services other than professional
or artistic services, not | 6 | | exceeding $100,000 $10,000 and any procurement of
construction | 7 | | not exceeding
$100,000, or any individual procurement of | 8 | | professional or artistic services not exceeding $50,000 | 9 | | $30,000 may be made without competitive sealed bidding.
| 10 | | Procurements shall not be artificially
divided so as to | 11 | | constitute a small purchase under this Section.
| 12 | | (b) (Blank). Adjustment. Each July 1, the small purchase | 13 | | maximum
established in subsection (a)
shall be adjusted for | 14 | | inflation as determined by the Consumer
Price Index for All | 15 | | Urban Consumers as determined by the United States
Department | 16 | | of Labor and rounded to the nearest $100.
| 17 | | (c) Based upon rules proposed by the Board and rules | 18 | | promulgated by the
chief procurement officers, the small | 19 | | purchase maximum established in
subsection
(a) may be modified.
| 20 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 21 | | (30 ILCS 500/20-25)
| 22 | | Sec. 20-25. Sole source procurements. | 23 | | (a) In accordance with
standards set by rule,
contracts may | 24 | | be awarded without use of the specified
method of source |
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| 1 | | selection when
there is only one economically feasible source | 2 | | for the item. A State contract may be awarded as a sole source | 3 | | procurement unless an interested party submits a written | 4 | | request for a public hearing at which the chief procurement | 5 | | officer and purchasing agency present written justification | 6 | | for the procurement method. Any interested party may present | 7 | | testimony. A sole source contract where a hearing was requested | 8 | | by an interested party may be awarded after the hearing is | 9 | | conducted with the approval of the chief procurement officer. | 10 | | (b) This Section may not be used as a basis for amending a | 11 | | contract for professional or artistic services if the amendment | 12 | | would result in an increase in the amount paid under the | 13 | | contract of more than 5% of the initial award, or would extend | 14 | | the contract term beyond the time reasonably needed for a | 15 | | competitive procurement, not to exceed 2 months. | 16 | | (c) Notice of intent to enter into a sole source contract | 17 | | shall be provided to the Procurement Policy Board and published | 18 | | in the online electronic Bulletin at least 14 calendar days | 19 | | before the public hearing required in subsection (a). The | 20 | | notice shall include the sole source procurement justification | 21 | | form prescribed by the Board, a description of the item to be | 22 | | procured, the intended sole source contractor, and the date, | 23 | | time, and location of the public hearing. A copy of the notice | 24 | | and all documents provided at the hearing shall be included in | 25 | | the subsequent Procurement Bulletin.
| 26 | | (d) By November August 1 each year, each chief procurement |
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| 1 | | officer shall file a report with the General Assembly | 2 | | identifying each contract the officer sought under the sole | 3 | | source procurement method and providing the justification | 4 | | given for seeking sole source as the procurement method for | 5 | | each of those contracts. | 6 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 7 | | (30 ILCS 500/20-30)
| 8 | | Sec. 20-30. Emergency purchases.
| 9 | | (a) Conditions for use. In accordance with standards set by
| 10 | | rule, a purchasing
agency may make emergency procurements | 11 | | without competitive sealed
bidding or prior notice
when there | 12 | | exists a threat to public health or public safety, or
when | 13 | | immediate expenditure is
necessary for repairs to State | 14 | | property in order to protect
against further loss of or damage | 15 | | to
State property, to prevent or minimize serious disruption in | 16 | | critical State
services that affect health, safety, or | 17 | | collection of substantial State revenues, or to ensure the
| 18 | | integrity of State records; provided, however, that the term of | 19 | | the emergency purchase shall be limited to the time reasonably | 20 | | needed for a competitive procurement, not to exceed 90 calendar | 21 | | days. A contract may be extended beyond 90 calendar days if the | 22 | | chief procurement officer determines additional time is | 23 | | necessary and that the contract scope and duration are limited | 24 | | to the emergency. Prior to execution of the extension, the | 25 | | chief procurement officer must hold a public hearing and |
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| 1 | | provide written justification for all emergency contracts. | 2 | | Members of the public may present testimony. Emergency | 3 | | procurements shall be made
with as much competition
as is | 4 | | practicable under the circumstances.
A written
description of | 5 | | the basis for the emergency and reasons for the
selection of | 6 | | the particular
contractor shall be included in the contract | 7 | | file.
| 8 | | (b) Notice. Notice of all emergency procurements shall be | 9 | | provided to the Procurement Policy Board and published in the | 10 | | online electronic Bulletin no later than 5 calendar days after | 11 | | the contract is awarded. Notice of intent to extend an | 12 | | emergency contract shall be provided to the Procurement Policy | 13 | | Board and published in the online electronic Bulletin at least | 14 | | 14 calendar days before the public hearing. Notice shall | 15 | | include at least a description of the need for the emergency | 16 | | purchase, the contractor, and if applicable, the date, time, | 17 | | and location of the public hearing. A copy of this notice and | 18 | | all documents provided at the hearing shall be included in the | 19 | | subsequent Procurement Bulletin. Before the next appropriate | 20 | | volume of the Illinois Procurement
Bulletin, the purchasing | 21 | | agency shall publish in the
Illinois Procurement Bulletin a | 22 | | copy of each written description
and reasons and the total cost
| 23 | | of each emergency procurement made during the previous month.
| 24 | | When only an estimate of the
total cost is known at the time of | 25 | | publication, the estimate shall
be identified as an estimate | 26 | | and
published. When the actual total cost is determined, it |
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| 1 | | shall
also be published in like manner
before the 10th day of | 2 | | the next succeeding month.
| 3 | | (c) Affidavits. A chief procurement officer making a | 4 | | procurement
under this Section shall file
or require the | 5 | | purchasing agency to file affidavits with the Procurement | 6 | | Policy Board and the Auditor General within
10 calendar days
| 7 | | after the procurement setting
forth the amount expended, the | 8 | | name of the contractor involved,
and the conditions and
| 9 | | circumstances requiring the emergency procurement. When only | 10 | | an
estimate of the cost is
available within 10 calendar days | 11 | | after the procurement, the actual cost
shall be reported | 12 | | immediately
after it is determined. At the end of each fiscal | 13 | | quarter, the
Auditor General shall file with the
Legislative | 14 | | Audit Commission and the Governor a complete listing
of all | 15 | | emergency
procurements reported during that fiscal quarter. | 16 | | The Legislative
Audit Commission shall
review the emergency | 17 | | procurements so reported and, in its annual
reports, advise the | 18 | | General
Assembly of procurements that appear to constitute an | 19 | | abuse of
this Section.
| 20 | | (d) Quick purchases. The chief procurement officer may | 21 | | promulgate rules
extending the circumstances by which a | 22 | | purchasing agency may make purchases
under this Section, | 23 | | including but not limited to the procurement of items
available | 24 | | at a discount for a limited period of time.
| 25 | | (e) The changes to this Section made by this amendatory Act | 26 | | of the 96th General Assembly apply to procurements executed on |
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| 1 | | or after its effective date.
| 2 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 3 | | (30 ILCS 500/20-43) | 4 | | Sec. 20-43. Bidder or offeror authorized to do business in | 5 | | Illinois. In addition to meeting any other requirement of law | 6 | | or rule, a person (other than an individual acting as a sole | 7 | | proprietor) may qualify as a bidder or offeror under this Code | 8 | | only if the person has been organized as is a legal entity | 9 | | prior to submitting the bid, offer, or proposal. The legal | 10 | | entity must be authorized to transact business or conduct | 11 | | affairs in Illinois prior to execution of the contract | 12 | | submitting the bid, offer, or proposal .
| 13 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 14 | | (30 ILCS 500/20-160)
| 15 | | Sec. 20-160. Business entities; certification; | 16 | | registration with the State Board of Elections. | 17 | | (a) For purposes of this Section, the terms "business | 18 | | entity", "contract", "State contract", "contract with a State | 19 | | agency", "State agency", "affiliated entity", and "affiliated | 20 | | person" have the meanings ascribed to those terms in Section | 21 | | 50-37. | 22 | | (b) Every bid and offer submitted to and every contract | 23 | | executed by the State on or after January 1, 2009 (the | 24 | | effective date of Public Act 95-971) and every submission to a |
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| 1 | | vendor portal shall contain (1) a certification by the bidder, | 2 | | offeror, vendor, or contractor that either (i) the bidder, | 3 | | offeror, vendor, or contractor is not required to register as a | 4 | | business entity with the State Board of Elections pursuant to | 5 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 6 | | has registered as a business entity with the State Board of | 7 | | Elections and acknowledges a continuing duty to update the | 8 | | registration and (2) a statement that the contract is voidable | 9 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 10 | | contractor's failure to comply with this Section. | 11 | | (c) Each business entity (i) whose aggregate bids and | 12 | | proposals on State contracts annually total more than $50,000, | 13 | | (ii) whose aggregate bids and proposals on State contracts | 14 | | combined with the business entity's aggregate annual total | 15 | | value of State contracts exceed $50,000, or (iii) whose | 16 | | contracts with State agencies, in the aggregate, annually total | 17 | | more than $50,000 shall register with the State Board of | 18 | | Elections in accordance with Section 9-35 of the Election Code. | 19 | | A business entity required to register under this subsection | 20 | | due to item (i) or (ii) has a continuing duty to ensure that | 21 | | the registration is accurate during the period beginning on the | 22 | | date of registration and ending on the day after the date the | 23 | | contract is awarded; any change in information must be reported | 24 | | to the State Board of Elections 5 business days following such | 25 | | change or no later than a day before the contract is awarded, | 26 | | whichever date is earlier. A business entity required to |
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| 1 | | register under this subsection due to item (iii) has a | 2 | | continuing duty to ensure that the registration is accurate in | 3 | | accordance with subsection (e). | 4 | | (d) Any business entity, not required under subsection (c) | 5 | | to register, whose aggregate bids and proposals on State | 6 | | contracts annually total more than $50,000, or whose aggregate | 7 | | bids and proposals on State contracts combined with the | 8 | | business entity's aggregate annual total value of State | 9 | | contracts exceed $50,000, shall register with the State Board | 10 | | of Elections in accordance with Section 9-35 of the Election | 11 | | Code prior to submitting to a State agency the bid or proposal | 12 | | whose value causes the business entity to fall within the | 13 | | monetary description of this subsection. A business entity | 14 | | required to register under this subsection has a continuing | 15 | | duty to ensure that the registration is accurate during the | 16 | | period beginning on the date of registration and ending on the | 17 | | day after the date the contract is awarded. Any change in | 18 | | information must be reported to the State Board of Elections | 19 | | within 5 business days following such change or no later than a | 20 | | day before the contract is awarded, whichever date is earlier. | 21 | | (e) A business entity whose contracts with State agencies, | 22 | | in the aggregate, annually total more than $50,000 must | 23 | | maintain its registration under this Section and has a | 24 | | continuing duty to ensure that the registration is accurate for | 25 | | the duration of the term of office of the incumbent | 26 | | officeholder awarding the contracts or for a period of 2 years |
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| 1 | | following the expiration or termination of the contracts, | 2 | | whichever is longer. A business entity, required to register | 3 | | under this subsection, has a continuing duty to report any | 4 | | changes on a quarterly basis to the State Board of Elections | 5 | | within 14 calendar days following the last day of January, | 6 | | April, July, and October of each year. Any update pursuant to | 7 | | this paragraph that is received beyond that date is presumed | 8 | | late and the civil penalty authorized by subsection (e) of | 9 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 10 | | assessed. | 11 | | Also, if a business entity required to register under this | 12 | | subsection has a pending bid or offer, any change in | 13 | | information shall be reported to the State Board of Elections | 14 | | within 7 calendar days following such change or no later than a | 15 | | day before the contract is awarded, whichever date is earlier. | 16 | | (f) A business entity's continuing duty under this Section | 17 | | to ensure the accuracy of its registration includes the | 18 | | requirement that the business entity notify the State Board of | 19 | | Elections of any change in information, including but not | 20 | | limited to changes of affiliated entities or affiliated | 21 | | persons. | 22 | | (g) For any bid or offer for a contract with a State agency | 23 | | by a business entity required to register under this Section, | 24 | | the chief procurement officer shall verify that the business | 25 | | entity is required to register under this Section and is in | 26 | | compliance with the registration requirements on the date the |
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| 1 | | bid or offer is due. A chief procurement officer shall not | 2 | | accept a bid or offer if the business entity is not in | 3 | | compliance with the registration requirements as of the date | 4 | | bids or offers are due. Upon discovery of noncompliance with | 5 | | this Section, if the bidder or offeror made a good faith effort | 6 | | to comply with registration efforts prior to the date the bid | 7 | | or offer is due, a chief procurement officer may provide the | 8 | | bidder or offeror 5 days to achieve compliance. A chief | 9 | | procurement officer may extend the time to prove compliance by | 10 | | as long as necessary in the event that there is a failure | 11 | | within the Board of Elections' registration system. | 12 | | (h) A registration, and any changes to a registration, must | 13 | | include the business entity's verification of accuracy and | 14 | | subjects the business entity to the penalties of the laws of | 15 | | this State for perjury. | 16 | | In addition to any penalty under Section 9-35 of the | 17 | | Election Code, intentional, willful, or material failure to | 18 | | disclose information required for registration shall render | 19 | | the contract, bid, offer, or other procurement relationship | 20 | | voidable by the chief procurement officer if he or she deems it | 21 | | to be in the best interest of the State of Illinois. | 22 | | (i) This Section applies regardless of the method of source | 23 | | selection used in awarding the contract.
| 24 | | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | 25 | | 98-1076, eff. 1-1-15 .)
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| 1 | | (30 ILCS 500/35-5)
| 2 | | Sec. 35-5. Application. All professional and artistic | 3 | | services may shall be
procured in
accordance with the | 4 | | provisions of this Article or Article 20 .
| 5 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 6 | | (30 ILCS 500/35-30) | 7 | | Sec. 35-30. Awards. | 8 | | (a) All State contracts for professional and artistic | 9 | | services procured under this Article , except as
provided in | 10 | | this Section, shall be awarded using the
competitive request | 11 | | for proposal process outlined in 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. When a multiple award is contemplated, the | 18 | | solicitation shall identify the award criteria and the detailed | 19 | | method of selecting from among the multiple awardees. | 20 | | (c) Prepared forms shall be submitted to the chief | 21 | | procurement officer for matters other than construction or the | 22 | | higher education chief procurement officer,
whichever is | 23 | | appropriate, for
publication in its Illinois Procurement | 24 | | Bulletin and circulation to the chief procurement officer for | 25 | | matters other than construction
or the higher education chief |
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| 1 | | procurement officer's list of
prequalified vendors. Notice of | 2 | | the offer or request for
proposal shall appear at least 14 | 3 | | calendar days before the response to the offer is due. | 4 | | (d) All interested respondents shall return their | 5 | | responses to the location and by the time and date designated | 6 | | in the solicitation, at which time the responses shall be | 7 | | opened and recorded chief procurement officer for matters other | 8 | | than construction
or the higher education chief procurement | 9 | | officer,
whichever is appropriate, which shall open
and record | 10 | | them. The chief procurement officer for matters other than | 11 | | construction or higher education chief procurement officer
| 12 | | then shall forward the responses, together
with any
information | 13 | | it has available about the qualifications and other State work
| 14 | | of the respondents . | 15 | | (e) After evaluation, ranking, and selection, the | 16 | | responsible chief
procurement officer, State purchasing | 17 | | officer, or
his or her designee shall notify the chief | 18 | | procurement officer for matters other than construction
or the | 19 | | higher education chief procurement officer, whichever is | 20 | | appropriate,
of the successful respondent and shall forward
a | 21 | | copy of the signed contract for the chief procurement officer | 22 | | for matters other than construction or higher education chief
| 23 | | procurement officer's file. The chief procurement officer for | 24 | | matters other than construction or higher education chief
| 25 | | procurement officer shall
publish the names of the
responsible | 26 | | procurement decision-maker,
the agency awarding letting the |
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| 1 | | contract, the
successful respondent, a contract reference, and | 2 | | value of the awarded let contract
in the next appropriate | 3 | | volume of the Illinois Procurement Bulletin. | 4 | | (f) For all professional and artistic contracts procured | 5 | | under this Article with annualized value
that exceeds $25,000, | 6 | | evaluation and ranking by price are required. Any chief
| 7 | | procurement officer or State purchasing officer,
but not their | 8 | | designees, may select a respondent other than the lowest | 9 | | respondent by
price. When In any case, when the contract | 10 | | exceeds the $25,000 threshold and
the lowest respondent is not | 11 | | selected, the chief procurement officer or the State
purchasing | 12 | | officer shall publish the forward together
with the contract | 13 | | notice of who the low respondent by price was and a written | 14 | | decision as
to why another was selected as part of the notice | 15 | | of award to the chief procurement officer for matters other | 16 | | than construction or
the higher education chief procurement | 17 | | officer, whichever is appropriate.
The chief procurement | 18 | | officer for matters other than construction or higher education | 19 | | chief procurement officer shall publish as
provided in | 20 | | subsection (e) of Section 35-30,
but
shall include notice of | 21 | | the chief procurement officer's or State purchasing
officer's | 22 | | written decision . | 23 | | (g) The chief procurement officer for matters other than | 24 | | construction and higher education chief
procurement officer | 25 | | may each refine, but not
contradict, this Section by | 26 | | promulgating rules
for submission to the Procurement Policy |
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| 1 | | Board and then to the Joint Committee
on Administrative Rules. | 2 | | Any
refinement shall be based on the principles and procedures | 3 | | of the federal
Architect-Engineer Selection Law, Public Law | 4 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 5 | | Surveying Qualifications Based Selection
Act; except that | 6 | | pricing shall be an integral part of the selection process. | 7 | | (h) A request for proposals may be issued requesting the | 8 | | submission of offers to establish a pool of the most qualified | 9 | | vendors. When a specific need is identified, written requests | 10 | | for proposals will be directed to the pool of most qualified | 11 | | vendors to meet that immediate need. Clarification, | 12 | | discussion, and best and finals shall be allowed as in a | 13 | | standard request for proposals in each step of the process. The | 14 | | contract for the immediate need shall be made to the most | 15 | | qualified vendor with a fair and reasonable price. | 16 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 17 | | (30 ILCS 500/45-30)
| 18 | | Sec. 45-30. Illinois Correctional Industries. | 19 | | Notwithstanding anything to the
contrary in other law, each the | 20 | | chief procurement officer appointed pursuant to paragraph (4) | 21 | | of subsection (a) of Section 10-20 shall, in consultation
with | 22 | | Illinois Correctional Industries, a division of the Illinois | 23 | | Department of Corrections (referred to as the "Illinois | 24 | | Correctional Industries" or "ICI") determine for all State | 25 | | agencies under their respective jurisdictions which articles, |
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| 1 | | materials,
industry related services, food stuffs, and | 2 | | finished goods that are produced or
manufactured by persons | 3 | | confined in institutions and facilities of the Department of | 4 | | Corrections who are participating in Illinois Correctional | 5 | | Industries programs shall be purchased from Illinois | 6 | | Correctional Industries. Each
The chief procurement officer | 7 | | appointed pursuant to paragraph (4) of subsection (a) of | 8 | | Section 10-20 shall develop and distribute to the appropriate | 9 | | various
purchasing and using agencies a listing of all Illinois | 10 | | Correctional Industries products and procedures for | 11 | | implementing this Section.
| 12 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 13 | | (30 ILCS 500/45-57) | 14 | | Sec. 45-57. Veterans. | 15 | | (a) Set-aside goal. It is the goal of the State to promote | 16 | | and encourage the continued economic development of small | 17 | | businesses owned and controlled by qualified veterans and that | 18 | | qualified service-disabled veteran-owned small businesses | 19 | | (referred to as SDVOSB) and veteran-owned small businesses | 20 | | (referred to as VOSB) participate in the State's procurement | 21 | | process as both prime contractors and subcontractors. Not less | 22 | | than 3% of the total dollar amount of State contracts, as | 23 | | defined by the Director of Central Management Services, shall | 24 | | be established as a goal to be awarded to SDVOSB and VOSB. That
| 25 | | portion of a contract under which the contractor subcontracts
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| 1 | | with a SDVOSB or VOSB may be counted toward the
goal of this | 2 | | subsection. The Department of Central Management Services | 3 | | shall adopt rules to implement compliance with this subsection | 4 | | by all State agencies. | 5 | | (b) Fiscal year reports. By each November September 1, each | 6 | | chief procurement officer shall report to the Department of | 7 | | Central Management Services on all of the following for the | 8 | | immediately preceding fiscal year, and by each March 1 the | 9 | | Department of Central Management Services shall compile and | 10 | | report that information to the General Assembly: | 11 | | (1) The total number of VOSB, and the number of SDVOSB, | 12 | | who submitted bids for contracts under this Code. | 13 | | (2) The total number of VOSB, and the number of SDVOSB, | 14 | | who entered into contracts with the State under this Code | 15 | | and the total value of those contracts. | 16 | | (c) Yearly review and recommendations. Each year, each | 17 | | chief procurement officer shall review the progress of all | 18 | | State agencies under its jurisdiction in meeting the goal | 19 | | described in subsection (a), with input from statewide | 20 | | veterans' service organizations and from the business | 21 | | community, including businesses owned by qualified veterans, | 22 | | and shall make recommendations to be included in the Department | 23 | | of Central Management Services' report to the General Assembly | 24 | | regarding continuation, increases, or decreases of the | 25 | | percentage goal. The recommendations shall be based upon the | 26 | | number of businesses that are owned by qualified veterans and |
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| 1 | | on the continued need to encourage and promote businesses owned | 2 | | by qualified veterans. | 3 | | (d) Governor's recommendations. To assist the State in | 4 | | reaching the goal described in subsection (a), the Governor | 5 | | shall recommend to the General Assembly changes in programs to | 6 | | assist businesses owned by qualified veterans. | 7 | | (e) Definitions. As used in this Section: | 8 | | "Armed forces of the United States" means the United States | 9 | | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | 10 | | active duty as defined under 38 U.S.C. Section 101. Service in | 11 | | the Merchant Marine that constitutes active duty under Section | 12 | | 401 of federal Public Act 95-202 shall also be considered | 13 | | service in the armed forces for purposes of this Section. | 14 | | "Certification" means a determination made by the Illinois | 15 | | Department of Veterans' Affairs and the Department of Central | 16 | | Management Services that a business entity is a qualified | 17 | | service-disabled veteran-owned small business or a qualified | 18 | | veteran-owned small business for whatever purpose. A SDVOSB or | 19 | | VOSB owned and controlled by females, minorities, or persons | 20 | | with disabilities, as those terms are defined in Section 2 of | 21 | | the Business Enterprise for Minorities, Females, and Persons | 22 | | with Disabilities Act, may also select and designate whether | 23 | | that business is to be certified as a "female-owned business", | 24 | | "minority-owned business", or "business owned by a person with | 25 | | a disability", as defined in Section 2 of the Business | 26 | | Enterprise for Minorities, Females, and Persons with |
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| 1 | | Disabilities Act. | 2 | | "Control" means the exclusive, ultimate, majority, or sole | 3 | | control of the business, including but not limited to capital | 4 | | investment and all other financial matters, property, | 5 | | acquisitions, contract negotiations, legal matters, | 6 | | officer-director-employee selection and comprehensive hiring, | 7 | | operation responsibilities, cost-control matters, income and | 8 | | dividend matters, financial transactions, and rights of other | 9 | | shareholders or joint partners. Control shall be real, | 10 | | substantial, and continuing, not pro forma. Control shall | 11 | | include the power to direct or cause the direction of the | 12 | | management and policies of the business and to make the | 13 | | day-to-day as well as major decisions in matters of policy, | 14 | | management, and operations. Control shall be exemplified by | 15 | | possessing the requisite knowledge and expertise to run the | 16 | | particular business, and control shall not include simple | 17 | | majority or absentee ownership. | 18 | | "Qualified service-disabled veteran" means a
veteran who | 19 | | has been found to have 10% or more service-connected disability | 20 | | by the United States Department of Veterans Affairs or the | 21 | | United States Department of Defense. | 22 | | "Qualified service-disabled veteran-owned small business" | 23 | | or "SDVOSB" means a small business (i) that is at least 51% | 24 | | owned by one or more qualified service-disabled veterans living | 25 | | in Illinois or, in the case of a corporation, at least 51% of | 26 | | the stock of which is owned by one or more qualified |
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| 1 | | service-disabled veterans living in Illinois; (ii) that has its | 2 | | home office in Illinois; and (iii) for which items (i) and (ii) | 3 | | are factually verified annually by the Department of Central | 4 | | Management Services. | 5 | | "Qualified veteran-owned small business" or "VOSB" means a | 6 | | small business (i) that is at least 51% owned by one or more | 7 | | qualified veterans living in Illinois or, in the case of a | 8 | | corporation, at least 51% of the stock of which is owned by one | 9 | | or more qualified veterans living in Illinois; (ii) that has | 10 | | its home office in Illinois; and (iii) for which items (i) and | 11 | | (ii) are factually verified annually by the Department of | 12 | | Central Management Services. | 13 | | "Service-connected disability" means a disability incurred | 14 | | in the line of duty in the active military, naval, or air | 15 | | service as described in 38 U.S.C. 101(16). | 16 | | "Small business" means a business that has annual gross | 17 | | sales of less than $75,000,000 as evidenced by the federal | 18 | | income tax return of the business. A firm with gross sales in | 19 | | excess of this cap may apply to the Department of Central | 20 | | Management Services for certification for a particular | 21 | | contract if the firm can demonstrate that the contract would | 22 | | have significant impact on SDVOSB or VOSB as suppliers or | 23 | | subcontractors or in employment of veterans or | 24 | | service-disabled veterans. | 25 | | "State agency" has the meaning provided in Section 1-15.100 | 26 | | of this Code. same meaning as in Section 2 of the Business |
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| 1 | | Enterprise for Minorities, Females, and Persons with | 2 | | Disabilities Act. | 3 | | "Time of hostilities with a foreign country" means any | 4 | | period of time in the past, present, or future during which a | 5 | | declaration of war by the United States Congress has been or is | 6 | | in effect or during which an emergency condition has been or is | 7 | | in effect that is recognized by the issuance of a Presidential | 8 | | proclamation or a Presidential executive order and in which the | 9 | | armed forces expeditionary medal or other campaign service | 10 | | medals are awarded according to Presidential executive order. | 11 | | "Veteran" means a person who (i) has been a member of the | 12 | | armed forces of the United States or, while a citizen of the | 13 | | United States, was a member of the armed forces of allies of | 14 | | the United States in time of hostilities with a foreign country | 15 | | and (ii) has served under one or more of the following | 16 | | conditions: (a) the veteran served a total of at least 6 | 17 | | months; (b) the veteran served for the duration of hostilities | 18 | | regardless of the length of the engagement; (c) the veteran was | 19 | | discharged on the basis of hardship; or (d) the veteran was | 20 | | released from active duty because of a service connected | 21 | | disability and was discharged under honorable conditions. | 22 | | (f) Certification program. The Illinois Department of | 23 | | Veterans' Affairs and the Department of Central Management | 24 | | Services shall work together to devise a certification | 25 | | procedure to assure that businesses taking advantage of this | 26 | | Section are legitimately classified as qualified |
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| 1 | | service-disabled veteran-owned small businesses or qualified | 2 | | veteran-owned small businesses.
| 3 | | (g) Penalties. | 4 | | (1) Administrative penalties. The chief procurement | 5 | | officers appointed pursuant to Section 10-20 shall suspend | 6 | | any person who commits a violation of Section 17-10.3 or | 7 | | subsection (d) of Section 33E-6 of the Criminal Code of | 8 | | 2012 relating to this Section from bidding on, or | 9 | | participating as a contractor, subcontractor, or supplier | 10 | | in, any State contract or project for a period of not less | 11 | | than 3 years, and, if the person is certified as a | 12 | | service-disabled veteran-owned small business or a | 13 | | veteran-owned small business, then the Department shall | 14 | | revoke the business's certification for a period of not | 15 | | less than 3 years. An additional or subsequent violation | 16 | | shall extend the periods of suspension and revocation for a | 17 | | period of not less than 5 years. The suspension and | 18 | | revocation shall apply to the principals of the business | 19 | | and any subsequent business formed or financed by, or | 20 | | affiliated with, those principals. | 21 | | (2) Reports of violations. Each State agency shall | 22 | | report any alleged violation of Section 17-10.3 or | 23 | | subsection (d) of Section 33E-6 of the Criminal Code of | 24 | | 2012 relating to this Section to the chief procurement | 25 | | officers appointed pursuant to Section 10-20. The chief | 26 | | procurement officers appointed pursuant to Section 10-20 |
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| 1 | | shall subsequently report all such alleged violations to | 2 | | the Attorney General, who shall determine whether to bring | 3 | | a civil action against any person for the violation. | 4 | | (3) List of suspended persons. The chief procurement | 5 | | officers appointed pursuant to Section 10-20 shall monitor | 6 | | the status of all reported violations of Section 17-10.3 or | 7 | | subsection (d) of Section 33E-6 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012 relating to this Section | 9 | | and shall maintain and make available to all State agencies | 10 | | a central listing of all persons that committed violations | 11 | | resulting in suspension. | 12 | | (4) Use of suspended persons. During the period of a | 13 | | person's suspension under paragraph (1) of this | 14 | | subsection, a State agency shall not enter into any | 15 | | contract with that person or with any contractor using the | 16 | | services of that person as a subcontractor. | 17 | | (5) Duty to check list. Each State agency shall check | 18 | | the central listing provided by the chief procurement | 19 | | officers appointed pursuant to Section 10-20 under | 20 | | paragraph (3) of this subsection to verify that a person | 21 | | being awarded a contract by that State agency, or to be | 22 | | used as a subcontractor or supplier on a contract being | 23 | | awarded by that State agency, is not under suspension | 24 | | pursuant to paragraph (1) of this subsection. | 25 | | (Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13; | 26 | | 98-307, eff. 8-12-13; 98-1076, eff. 1-1-15 .) |
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| 1 | | Section 10. The Small Business Contracts Act is amended by | 2 | | changing Sections 10 and 20 as follows: | 3 | | (30 ILCS 503/10)
| 4 | | Sec. 10. Award of State contracts. | 5 | | (a) Not less than 10% of the total dollar amount of State | 6 | | contracts shall be established as a goal to be awarded as a | 7 | | contract or subcontract to small businesses. | 8 | | (b) The percentage in subsection (a) relates to the total | 9 | | dollar amount of State contracts during each State fiscal year, | 10 | | calculated by examining independently each type of contract for | 11 | | each State official or agency which lets such contracts.
| 12 | | (Source: P.A. 97-307, eff. 8-11-11.) | 13 | | (30 ILCS 503/20)
| 14 | | Sec. 20. Annual report. Each chief procurement officer | 15 | | shall file no later than November March 1 of each year, an | 16 | | annual report that shall detail the level of achievement toward | 17 | | the goals specified in this Act over the 3 most recent fiscal | 18 | | years. The annual report shall include, but need not be limited | 19 | | to, the following: | 20 | | (1) a summary detailing State appropriations subject | 21 | | to the goals, the actual goals specified, and the goals | 22 | | attained by each State official or agency; | 23 | | (2) a summary of the number of contracts awarded and |
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| 1 | | the average contract amount by each State official or | 2 | | agency; and | 3 | | (3) an analysis of the level of overall goal | 4 | | achievement concerning purchases from small businesses.
| 5 | | (Source: P.A. 97-307, eff. 8-11-11.) | 6 | | Section 15. The Governmental Joint Purchasing Act is | 7 | | amended by changing Section 2 as follows:
| 8 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 9 | | Sec. 2. Joint purchasing authority. | 10 | | (a) Any governmental unit may purchase personal property, | 11 | | supplies
and services jointly with one or more other | 12 | | governmental units. All such joint
purchases shall be by | 13 | | competitive solicitation as provided in Section 4 of this Act.
| 14 | | The provisions of any other acts under which a governmental | 15 | | unit operates which
refer to purchases and procedures in | 16 | | connection therewith shall be superseded
by the provisions of | 17 | | this Act when the governmental units are exercising the
joint | 18 | | powers created by this Act.
| 19 | | (a-5) A chief procurement officer established in Section | 20 | | 10-20 of the Illinois Procurement Code may authorize the | 21 | | purchase of personal property, supplies, and services jointly | 22 | | with a governmental entity of this or another state or with a | 23 | | consortium of governmental entities of one or more other | 24 | | states. Subject to provisions of the joint purchasing |
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| 1 | | solicitation, the appropriate chief procurement officer may | 2 | | designate the resulting contract as available to governmental | 3 | | units in Illinois. The chief procurement officers shall submit | 4 | | to the General Assembly by November 1 of each year a report of | 5 | | procurements made under this subsection (a-5). | 6 | | (a-10) Each chief procurement officer appointed pursuant | 7 | | to Section 10-20 of the Illinois Procurement Code may authorize | 8 | | the purchase or lease of personal property, supplies, and | 9 | | services which have been procured through a competitive process | 10 | | by a federal agency, a consortium of governmental, educational, | 11 | | medical, research, or similar entities, or a group purchasing | 12 | | organizations of which the chief procurement officer or State | 13 | | agency is a member or affiliate, including, without limitation, | 14 | | any purchasing entity operating under the federal Higher | 15 | | Education Cooperative Act and the Midwestern Higher Education | 16 | | Cooperation Act. A chief procurement officer may authorize | 17 | | purchases and contracts established by other means if the chief | 18 | | procurement officer determines it is in the best interests of | 19 | | the State. Each chief procurement officer may establish | 20 | | detailed rules and policies and procedures for use of these | 21 | | cooperative solicitations and contracts, including, without | 22 | | limitation, that the State agency make a determination that the | 23 | | award or contract is in the best interest of the State, and | 24 | | that the contract include provisions required by Illinois law. | 25 | | Notice of awards or contracts shall be published by the chief | 26 | | procurement officer in the Illinois Procurement Bulletin at |
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| 1 | | least 14 days prior to use of the award or contract. Each chief | 2 | | procurement officer shall submit to the General Assembly by | 3 | | November 1 of each year a report of procurements made under | 4 | | this subsection (a-10). | 5 | | (b) Any not-for-profit agency that qualifies under Section | 6 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 7 | | pursuant to a board
established by or controlled by a unit of | 8 | | local government or (2) receives
grant funds from the State or | 9 | | from a unit of local government, shall be
eligible to | 10 | | participate in contracts established by the State.
| 11 | | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| 12 | | (30 ILCS 500/35-35 rep.) | 13 | | Section 20. The Illinois Procurement Code is amended by | 14 | | repealing Section 35-35.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 500/1-12 | | | 4 | | 30 ILCS 500/1-13 | | | 5 | | 30 ILCS 500/1-13.1 new | | | 6 | | 30 ILCS 500/1-15.47 new | | | 7 | | 30 ILCS 500/1-15.48 new | | | 8 | | 30 ILCS 500/20-10 | | | 9 | | 30 ILCS 500/20-15 | | | 10 | | 30 ILCS 500/20-20 | | | 11 | | 30 ILCS 500/20-25 | | | 12 | | 30 ILCS 500/20-30 | | | 13 | | 30 ILCS 500/20-43 | | | 14 | | 30 ILCS 500/20-160 | | | 15 | | 30 ILCS 500/35-5 | | | 16 | | 30 ILCS 500/35-30 | | | 17 | | 30 ILCS 500/45-30 | | | 18 | | 30 ILCS 500/45-57 | | | 19 | | 30 ILCS 503/10 | | | 20 | | 30 ILCS 503/20 | | | 21 | | 30 ILCS 525/2 | from Ch. 85, par. 1602 | | 22 | | 30 ILCS 500/35-35 rep. | |
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