(30 ILCS 500/20-80)
Sec. 20-80. Contract files.
(a) Written determinations. All written determinations
required under this Article shall
be placed in the contract file maintained by the chief procurement officer.
(b) Filing with Comptroller. Whenever a grant, defined pursuant to
accounting standards established by the Comptroller, or a contract
liability,
except for:
(1) contracts paid
from personal services,
(2) contracts between the State and its
employees to defer
compensation in accordance with Article 24 of the Illinois Pension Code, or (3) contracts or grants that do not obligate funds held within the State treasury for fiscal year 2022 and thereafter,
exceeding $20,000 is incurred by any
State agency, a copy of the contract, purchase order, grant, or
lease shall be filed with the
Comptroller within 30 calendar days thereafter. Beginning in fiscal year 2022, information pertaining to contracts or grants exceeding $20,000 that do not obligate funds held within the State treasury shall be submitted in a quarterly report to the Comptroller in a form and manner prescribed by the Comptroller. The Comptroller shall make the quarterly report available on his or her website. Beginning January 1, 2013, the Comptroller may require that contracts and grants required to be filed with the Comptroller under this Section shall be filed electronically, unless the agency is incapable of filing the contract or grant electronically because it does not possess the necessary technology or equipment. Any State agency that is incapable of electronically filing its contracts or grants shall submit a written statement to the Governor and to the Comptroller attesting to the reasons for its inability to comply. This statement shall include a discussion of what the State agency needs in order to effectively comply with this Section. Prior to requiring electronic filing, the Comptroller shall consult with the Governor as to the feasibility of establishing mutually agreeable technical standards for the electronic document imaging, storage, and transfer of contracts and grants, taking into consideration the technology available to that agency, best practices, and the technological capabilities of State agencies. Nothing in this amendatory Act of the 97th General Assembly shall be construed to impede the implementation of an Enterprise Resource Planning (ERP) system. For each State contract for supplies or services awarded on or after July 1, 2010, the contracting agency shall provide the applicable rate and unit of measurement of the supplies or services on the contract obligation document as required by the Comptroller. If the contract obligation document that is submitted to the Comptroller contains the rate and unit of measurement of the supplies or services, the Comptroller shall provide that information on his or her official website. Any cancellation or
modification to any such contract
liability shall be filed with the Comptroller within 30 calendar days of
its execution.
(c) Late filing affidavit. When a contract, purchase order, grant,
or lease required to be
filed by this Section has not been filed within 30 calendar days of
execution, the Comptroller shall refuse
to issue a warrant for payment thereunder until the agency files
with the Comptroller the
contract, purchase order, grant, or lease and an affidavit, signed by the
chief executive officer of the
agency or his or her designee, setting forth an explanation of why
the contract liability was not
filed within 30 calendar days of execution. A copy of this affidavit shall
be filed with the Auditor
General.
(d) Timely execution of contracts. Except as set forth in subsection (b) of this Section, no
voucher shall be submitted to the
Comptroller for a warrant to be drawn for the payment of money
from the State treasury or from
other funds held by the State Treasurer on account of any contract unless the
contract is reduced to writing
before the services are performed and filed with the Comptroller. Contractors shall not be paid for any supplies that were received or services that were rendered before the contract was reduced to writing and signed by all necessary parties. A chief procurement officer may approve an exception to this subsection by submitting a written statement to the Comptroller setting forth the circumstances and reasons why the contract could not be reduced to writing before the supplies were received or services were performed. This Section shall not apply to emergency purchases if notice of the emergency purchase is filed with the Procurement Policy Board and published in the Bulletin as required by this Code.
(e) Method of source selection. When a contract is filed
with the Comptroller under this
Section, the Comptroller's file shall identify the method of
source selection used in obtaining the
contract.
(Source: P.A. 102-291, eff. 8-6-21; 102-783, eff. 5-13-22.) |