(30 ILCS 500/Art. 1 heading) ARTICLE 1
GENERAL PROVISIONS
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(30 ILCS 500/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the
Illinois Procurement Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/1-5)
Sec. 1-5.
Public policy.
It is the purpose of this Code
and is declared to be the policy
of the State that the principles of competitive bidding and
economical procurement practices shall
be applicable to all purchases and contracts by or for any State
agency.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/1-10) (Text of Section from P.A. 103-594) Sec. 1-10. Application. (a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent. (b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to: (1) Contracts between the State and its political | ||
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(2) Grants, except for the filing requirements of | ||
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(3) Purchase of care, except as provided in Section | ||
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(4) Hiring of an individual as an employee and not as | ||
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(5) Collective bargaining contracts. (6) Purchase of real estate, except that notice of | ||
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(7) Contracts necessary to prepare for anticipated | ||
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(8) (Blank). (9) Procurement expenditures by the Illinois | ||
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(10) (Blank). (11) Public-private agreements entered into according | ||
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(12) (A) Contracts for legal, financial, and other | ||
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(B) Contracts for legal and financial services | ||
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(13) Contracts for services, commodities, and | ||
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On and after January 1, 2019, this paragraph (13), | ||
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(14) Contracts for participation expenditures | ||
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(15) Contracts with a railroad or utility that | ||
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(16) Procurement expenditures necessary for the | ||
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(17) Procurement expenditures necessary for the | ||
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(18) This Code does not apply to any procurements | ||
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(19) Acquisition of modifications or adjustments, | ||
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For purposes of this paragraph (19): "Assistive technology devices" means any item, piece | ||
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"Assistive technology services" means any service | ||
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"Qualified" has the same meaning and use as provided | ||
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(20) Procurement expenditures necessary for the | ||
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(21) Procurement expenditures for the purchase, | ||
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(22) Contracts for project management services and | ||
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(23) Procurements necessary for the Department of | ||
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(24) Contracts for public education programming, | ||
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(25) Procurements necessary for the Department of | ||
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Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer. (c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Agency Act. (d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law. (e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction. (f) (Blank). (g) (Blank). (h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code. (i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege. (j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act. (k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code. (l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon. (m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff. 6-25-24.) (Text of Section from P.A. 103-605) Sec. 1-10. Application. (a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent. (b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to: (1) Contracts between the State and its political | ||
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(2) Grants, except for the filing requirements of | ||
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(3) Purchase of care, except as provided in Section | ||
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(4) Hiring of an individual as an employee and not as | ||
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(5) Collective bargaining contracts. (6) Purchase of real estate, except that notice of | ||
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(7) Contracts necessary to prepare for anticipated | ||
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(8) (Blank). (9) Procurement expenditures by the Illinois | ||
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(10) (Blank). (11) Public-private agreements entered into according | ||
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(12) (A) Contracts for legal, financial, and other | ||
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(B) Contracts for legal and financial services | ||
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(13) Contracts for services, commodities, and | ||
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On and after January 1, 2019, this paragraph (13), | ||
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(14) Contracts for participation expenditures | ||
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(15) Contracts with a railroad or utility that | ||
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(16) Procurement expenditures necessary for the | ||
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(17) Procurement expenditures necessary for the | ||
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(18) This Code does not apply to any procurements | ||
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(19) Acquisition of modifications or adjustments, | ||
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For purposes of this paragraph (19): "Assistive technology devices" means any item, piece | ||
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"Assistive technology services" means any service | ||
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"Qualified" has the same meaning and use as provided | ||
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(20) Procurement expenditures necessary for the | ||
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(21) Procurement expenditures for the purchase, | ||
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(22) Contracts for project management services and | ||
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(23) Procurements necessary for the Department of | ||
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(24) Contracts for public education programming, | ||
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Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer. (c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Agency Act. (d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law. (e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction. (f) (Blank). (g) (Blank). (h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code. (i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege. (j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act. (k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code. (l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon. (m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-865) Sec. 1-10. Application. (a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent. (b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to: (1) Contracts between the State and its political | ||
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(2) Grants, except for the filing requirements of | ||
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(3) Purchase of care, except as provided in Section | ||
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(4) Hiring of an individual as an employee and not as | ||
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(5) Collective bargaining contracts. (6) Purchase of real estate, except that notice of | ||
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(7) Contracts necessary to prepare for anticipated | ||
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(8) (Blank). (9) Procurement expenditures by the Illinois | ||
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(10) (Blank). (11) Public-private agreements entered into according | ||
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(12) (A) Contracts for legal, financial, and other | ||
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(B) Contracts for legal and financial services | ||
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(13) Contracts for services, commodities, and | ||
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On and after January 1, 2019, this paragraph (13), | ||
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(14) Contracts for participation expenditures | ||
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(15) Contracts with a railroad or utility that | ||
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(16) Procurement expenditures necessary for the | ||
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(17) Procurement expenditures necessary for the | ||
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(18) This Code does not apply to any procurements | ||
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(19) Acquisition of modifications or adjustments, | ||
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For purposes of this paragraph (19): "Assistive technology devices" means any item, piece | ||
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"Assistive technology services" means any service | ||
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"Qualified" has the same meaning and use as provided | ||
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(20) Procurement expenditures necessary for the | ||
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(21) Procurement expenditures for the purchase, | ||
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(22) Contracts for project management services and | ||
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(23) Procurements necessary for the Department of | ||
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(24) Contracts for public education programming, | ||
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(25) Procurements that are necessary for increasing | ||
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(A) procurements related to registration fees for | ||
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(B) production of recruitment materials; and (C) other services related to recruitment and | ||
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The exemption under this paragraph (25) applies only | ||
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Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer. (c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Agency Act. (d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law. (e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction. (f) (Blank). (g) (Blank). (h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code. (i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege. (j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act. (k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code. (l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon. (m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-865, eff. 1-1-25.) |
(30 ILCS 500/1-10.5) Sec. 1-10.5. Alternative Technical Concepts. (a) For the purposes of this Section, "Alternative Technical Concepts" and "design-bid-build project delivery method" have the meanings ascribed to those terms in the Innovations for Transportation Infrastructure Act. (b) Notwithstanding subsection (b) of Section 1-10 of this Code, the Department of Transportation may allow bidders and proposers to submit Alternative Technical Concepts in their bids and proposals, if the Department determines that the Alternative Technical Concepts provide an equal or better solution than the underlying technical requirements applicable to the work. Notwithstanding the foregoing, for projects the Department delivers using the design-bid-build project delivery method, the Department shall use the Alternative Technical Concepts process for no more than 3 projects per year. If the Department allows bidders or proposers for a particular contract to submit Alternative Technical Concepts, the Department shall describe the process for submission and evaluation of Alternative Technical Concepts in the procurement documents for that contract, including the potential use of confidential meetings and the exchange of confidential information with bidders and proposers to review and discuss potential or proposed Alternative Technical Concepts.
(Source: P.A. 102-1094, eff. 6-15-22.) |
(30 ILCS 500/1-11) Sec. 1-11. Applicability of certain Public Acts. The changes made to this Code by Public Act 96-793, Public Act 96-795, and this amendatory Act of the 96th General Assembly apply to those procurements for which bidders, offerors, vendors, potential contractors, or contractors were first solicited on or after July 1, 2010.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-12) Sec. 1-12. Applicability to artistic or musical services. (a) This Code shall
not apply to procurement expenditures necessary to provide artistic or musical services, performances, or theatrical productions held at a venue operated or leased by a State agency. (b) Notice of each contract with an annual value of more than $100,000 entered into by a State agency that is related to the procurement of goods and services identified in this Section shall be published in the Illinois Procurement Bulletin within 14 calendar days after contract execution. The chief procurement officer shall prescribe the form and content of the notice. Each State agency shall provide the chief procurement officer, on a monthly basis, in the form and content prescribed by the chief procurement officer, a report of contracts that are related to the procurement of supplies and services identified in this Section. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. A copy of any or all of these contracts shall be made available to the chief procurement officer immediately upon request. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer. (c) (Blank).
(d) The General Assembly finds and declares that: (1) This amendatory Act of the 100th General Assembly | ||
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(2) This Section was originally enacted to protect, | ||
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It is hereby declared to have been the intent of the General Assembly that this Section not be subject to repeal on December 31, 2016. This Section shall be deemed to have been in continuous effect since August 3, 2012 (the effective date of Public Act 97-895), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after December 31, 2016, are hereby validated. All actions taken in reliance on or pursuant to this Section in the procurement of artistic or musical services are hereby validated. In order to ensure the continuing effectiveness of this Section, it is set forth in full and re-enacted by this amendatory Act of the 100th General Assembly. This re-enactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 100th General Assembly. In this amendatory Act of the 100th General Assembly, the base text of this Section is set forth as amended by Public Act 98-1076. Striking and underscoring is used only to show changes being made to the base text. This Section applies to all procurements made on or before the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/1-13) (Text of Section before amendment by P.A. 103-865) Sec. 1-13. Applicability to public institutions of higher education. (a) This Code shall apply to public institutions of higher education, regardless of the source of the funds with which contracts are paid, except as provided in this Section. (b) Except as provided in this Section, this Code shall not apply to procurements made by or on behalf of public institutions of higher education for any of the following: (1) Memberships in professional, academic, research, | ||
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(2) Procurement expenditures for events or activities | ||
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(3) Procurement expenditures for events or activities | ||
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(4) Procurement expenditures necessary to provide | ||
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(5) Procurement expenditures for periodicals, books, | ||
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(6) Procurement expenditures for placement of | ||
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(7) Contracts for programming and broadcast license | ||
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(8) Procurement expenditures necessary to perform | ||
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(9) Contracts with a foreign entity for research or | ||
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(10) Procurement expenditures for any ongoing | ||
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(11) Procurement expenditures incurred outside of the | ||
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(12) Procurement expenditures for contracts entered | ||
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(13) Procurement expenditures for advertising | ||
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Notice of each contract with an annual value of more than $100,000 entered into by a public institution of higher education that is related to the procurement of goods and services identified in items (1) through (13) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each public institution of higher education shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. (b-5) Except as provided in this subsection, the provisions of this Code shall not apply to contracts for medical supplies or to contracts for medical services necessary for the delivery of care and treatment at medical, dental, or veterinary teaching facilities used by Southern Illinois University or the University of Illinois or at any university-operated health care center or dispensary that provides care, treatment, and medications for students, faculty, and staff. Furthermore, the provisions of this Code do not apply to the procurement by such a facility of any additional supplies or services that the operator of the facility deems necessary for the effective use and functioning of the medical supplies or services that are otherwise exempt from this Code under this subsection (b-5). However, other supplies and services needed for these teaching facilities shall be subject to the jurisdiction of the Chief Procurement Officer for Public Institutions of Higher Education who may establish expedited procurement procedures and may waive or modify certification, contract, hearing, process and registration requirements required by the Code. All procurements made under this subsection shall be documented and may require publication in the Illinois Procurement Bulletin. (b-10) Procurements made by or on behalf of the University of Illinois for investment services may be entered into or renewed without being subject to the requirements of this Code. Notice of intent to renew a contract shall be published in the Illinois Public Higher Education Procurement Bulletin at least 14 days prior to the execution of a renewal, and the University of Illinois shall hold a public hearing for interested parties to provide public comment. Any contract extended, renewed, or entered pursuant to this exception shall be published in the Illinois Public Higher Education Procurement Bulletin within 5 days of contract execution. (c) Procurements made by or on behalf of public institutions of higher education for the fulfillment of a grant shall be made in accordance with the requirements of this Code to the extent practical. Upon the written request of a public institution of higher education, the Chief Procurement Officer may waive contract, registration, certification, and hearing requirements of this Code if, based on the item to be procured or the terms of a grant, compliance is impractical. The public institution of higher education shall provide the Chief Procurement Officer with specific reasons for the waiver, including the necessity of contracting with a particular potential contractor, and shall certify that an effort was made in good faith to comply with the provisions of this Code. The Chief Procurement Officer shall provide written justification for any waivers. By November 1 of each year, the Chief Procurement Officer shall file a report with the General Assembly identifying each contract approved with waivers and providing the justification given for any waivers for each of those contracts. Notice of each waiver made under this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. (d) Notwithstanding this Section, a waiver of the registration requirements of Section 20-160 does not permit a business entity and any affiliated entities or affiliated persons to make campaign contributions if otherwise prohibited by Section 50-37. The total amount of contracts awarded in accordance with this Section shall be included in determining the aggregate amount of contracts or pending bids of a business entity and any affiliated entities or affiliated persons. (e) Notwithstanding subsection (e) of Section 50-10.5 of this Code, the Chief Procurement Officer, with the approval of the Executive Ethics Commission, may permit a public institution of higher education to accept a bid or enter into a contract with a business that assisted the public institution of higher education in determining whether there is a need for a contract or assisted in reviewing, drafting, or preparing documents related to a bid or contract, provided that the bid or contract is essential to research administered by the public institution of higher education and it is in the best interest of the public institution of higher education to accept the bid or contract. For purposes of this subsection, "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, manager, or shareholder of a business. The Executive Ethics Commission may promulgate rules and regulations for the implementation and administration of the provisions of this subsection (e). (f) As used in this Section: "Grant" means non-appropriated funding provided by a federal or private entity to support a project or program administered by a public institution of higher education and any non-appropriated funding provided to a sub-recipient of the grant. "Public institution of higher education" means Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Southern Illinois University, University of Illinois, Western Illinois University, and, for purposes of this Code only, the Illinois Mathematics and Science Academy. (g) (Blank). (h) The General Assembly finds and declares that: (1) Public Act 98-1076, which took effect on January | ||
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(2) The Statute on Statutes sets forth general rules | ||
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(3) This amendatory Act of the 100th General Assembly | ||
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(4) This Section was originally enacted to protect, | ||
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It is hereby declared to have been the intent of the General Assembly that this Section not be subject to repeal on December 31, 2014. This Section shall be deemed to have been in continuous effect since December 20, 2011 (the effective date of Public Act 97-643), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after December 31, 2014, are hereby validated. All actions taken in reliance on or pursuant to this Section by any public institution of higher education, person, or entity are hereby validated. In order to ensure the continuing effectiveness of this Section, it is set forth in full and re-enacted by this amendatory Act of the 100th General Assembly. This re-enactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 100th General Assembly. In this amendatory Act of the 100th General Assembly, the base text of the reenacted Section is set forth as amended by Public Act 98-1076. Striking and underscoring is used only to show changes being made to the base text. This Section applies to all procurements made on or before the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865) Sec. 1-13. Applicability to public institutions of higher education. (a) This Code shall apply to public institutions of higher education, regardless of the source of the funds with which contracts are paid, except as provided in this Section. (b) Except as provided in this Section, this Code shall not apply to procurements made by or on behalf of public institutions of higher education for any of the following: (1) Memberships in professional, academic, research, | ||
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(2) Procurement expenditures for events or activities | ||
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(3) Procurement expenditures for events or activities | ||
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(4) Procurement expenditures necessary to provide | ||
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(5) Procurement expenditures for periodicals, books, | ||
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(6) Procurement expenditures for placement of | ||
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(7) Contracts for programming and broadcast license | ||
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(8) Procurement expenditures necessary to perform | ||
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(9) Contracts with a foreign entity for research or | ||
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(10) Procurement expenditures for any ongoing | ||
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(11) Procurement expenditures incurred outside of the | ||
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(12) Procurement expenditures for contracts entered | ||
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(13) Procurement expenditures for advertising | ||
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Notice of each contract with an annual value of more than $100,000 entered into by a public institution of higher education that is related to the procurement of goods and services identified in items (1) through (13) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each public institution of higher education shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. (b-5) Except as provided in this subsection, the provisions of this Code shall not apply to contracts for medical supplies or to contracts for medical services necessary for the delivery of care and treatment at medical, dental, pharmaceutical, or veterinary teaching facilities used by Southern Illinois University or the University of Illinois or at any university-operated health care center or dispensary that provides care, treatment, and medications for students, faculty, and staff. Furthermore, the provisions of this Code do not apply to the procurement by such a facility of any additional supplies or services that the operator of the facility deems necessary for the effective use and functioning of the medical supplies or services that are otherwise exempt from this Code under this subsection (b-5), including, but not limited to, procurements necessary for compliance and management of federal programs. However, other supplies and services needed for these teaching facilities shall be subject to the jurisdiction of the Chief Procurement Officer for Public Institutions of Higher Education who may establish expedited procurement procedures and may waive or modify certification, contract, hearing, process and registration requirements required by this Code. All procurements made under this subsection shall be documented and may require publication in the Illinois Procurement Bulletin. (b-10) Procurements made by or on behalf of the University of Illinois for investment services may be entered into or renewed without being subject to the requirements of this Code. Notice of intent to renew a contract shall be published in the Illinois Public Higher Education Procurement Bulletin at least 14 days prior to the execution of a renewal, and the University of Illinois shall hold a public hearing for interested parties to provide public comment. Any contract extended, renewed, or entered pursuant to this exception shall be published in the Illinois Public Higher Education Procurement Bulletin within 5 days of contract execution. (c) Procurements made by or on behalf of public institutions of higher education for the fulfillment of a grant shall be made in accordance with the requirements of this Code to the extent practical. Upon the written request of a public institution of higher education, the Chief Procurement Officer may waive contract, registration, certification, and hearing requirements of this Code if, based on the item to be procured or the terms of a grant, compliance is impractical. The public institution of higher education shall provide the Chief Procurement Officer with specific reasons for the waiver, including the necessity of contracting with a particular potential contractor, and shall certify that an effort was made in good faith to comply with the provisions of this Code. The Chief Procurement Officer shall provide written justification for any waivers. By November 1 of each year, the Chief Procurement Officer shall file a report with the General Assembly identifying each contract approved with waivers and providing the justification given for any waivers for each of those contracts. Notice of each waiver made under this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. (d) Notwithstanding this Section, a waiver of the registration requirements of Section 20-160 does not permit a business entity and any affiliated entities or affiliated persons to make campaign contributions if otherwise prohibited by Section 50-37. The total amount of contracts awarded in accordance with this Section shall be included in determining the aggregate amount of contracts or pending bids of a business entity and any affiliated entities or affiliated persons. (e) Notwithstanding subsection (e) of Section 50-10.5 of this Code, the Chief Procurement Officer, with the approval of the Executive Ethics Commission, may permit a public institution of higher education to accept a bid or enter into a contract with a business that assisted the public institution of higher education in determining whether there is a need for a contract or assisted in reviewing, drafting, or preparing documents related to a bid or contract, provided that the bid or contract is essential to research administered by the public institution of higher education and it is in the best interest of the public institution of higher education to accept the bid or contract. For purposes of this subsection, "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, manager, or shareholder of a business. The Executive Ethics Commission may promulgate rules and regulations for the implementation and administration of the provisions of this subsection (e). (f) As used in this Section: "Grant" means non-appropriated funding provided by a federal or private entity to support a project or program administered by a public institution of higher education and any non-appropriated funding provided to a sub-recipient of the grant. "Public institution of higher education" means Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Southern Illinois University, University of Illinois, Western Illinois University, and, for purposes of this Code only, the Illinois Mathematics and Science Academy. (g) (Blank). (h) The General Assembly finds and declares that: (1) Public Act 98-1076, which took effect on January | ||
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(2) The Statute on Statutes sets forth general rules | ||
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(3) This amendatory Act of the 100th General Assembly | ||
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(4) This Section was originally enacted to protect, | ||
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It is hereby declared to have been the intent of the General Assembly that this Section not be subject to repeal on December 31, 2014. This Section shall be deemed to have been in continuous effect since December 20, 2011 (the effective date of Public Act 97-643), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after December 31, 2014, are hereby validated. All actions taken in reliance on or pursuant to this Section by any public institution of higher education, person, or entity are hereby validated. In order to ensure the continuing effectiveness of this Section, it is set forth in full and re-enacted by this amendatory Act of the 100th General Assembly. This re-enactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 100th General Assembly. In this amendatory Act of the 100th General Assembly, the base text of the reenacted Section is set forth as amended by Public Act 98-1076. Striking and underscoring is used only to show changes being made to the base text. This Section applies to all procurements made on or before the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(30 ILCS 500/1-15)
Sec. 1-15.
Definitions.
For the purposes of this Code,
the words set forth in the
following Sections of this Article have the meanings set forth in
those Sections.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.01) Sec. 1-15.01. Bid. "Bid" means the response submitted by a bidder in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.02) Sec. 1-15.02. Bidder. "Bidder" means one who submits a response in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.03)
Sec. 1-15.03.
(Repealed).
(Source: P.A. 90-572, eff. 2-6-98. Repealed by P.A. 96-795, eff. 7-1-10.)
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(30 ILCS 500/1-15.05)
Sec. 1-15.05.
Board.
"Board" means the Procurement
Policy Board.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.10)
Sec. 1-15.10.
Business.
"Business" means any corporation, partnership,
individual,
sole proprietorship, joint stock company, joint venture, or other
private legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.12) Sec. 1-15.12. Change order. "Change order" means a change in a contract term, other than as specifically provided for in the contract, which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion for procurements subject to the jurisdiction of the chief procurement officers appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.13) Sec. 1-15.13. Chief Procurement Office. "Chief Procurement Office" means the offices to which the chief procurement officers are appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.15) Sec. 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means any of the 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission: (1) for procurements for construction and | ||
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(2) for procurements for all construction, | ||
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(3) for all procurements made by a public institution | ||
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(4) (Blank).
(5) for all other procurements, the independent chief | ||
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(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-920, eff. 7-1-10.) |
(30 ILCS 500/1-15.17) Sec. 1-15.17. Contractor. "Contractor" means any person having a contract with a State agency as defined in Section 1-15.30.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.20)
Sec. 1-15.20. Construction, construction-related, and construction support services.
"Construction" means
building, altering, repairing,
improving, or demolishing any public structure or building, or
making improvements of any kind
to public real property. Construction does not include the
routine operation, routine repair, or
routine maintenance of existing structures, buildings, or real
property.
"Construction-related services" means those services including construction
design, layout, inspection, support, feasibility or location study, research,
development, planning, or other investigative study undertaken by a
construction agency concerning construction or potential construction.
"Construction support" means all equipment, supplies, and services that are necessary to the operation of a construction agency's construction program. "Construction support" does not include construction-related services. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/1-15.25)
Sec. 1-15.25. Construction agency. "Construction agency"
means the Capital
Development Board for construction or remodeling of State-owned
facilities; the Illinois
Department of Transportation for construction or maintenance of
roads, highways, bridges, and
airports; the Illinois Toll Highway Authority for construction or
maintenance of toll highways; the Illinois Power Agency for construction, maintenance, and expansion of Agency-owned facilities, as defined in Section 1-10 of the Illinois Power Agency Act;
and any other State agency entering into construction contracts as
authorized by law or by
delegation from the chief procurement officer.
(Source: P.A. 95-481, eff. 8-28-07.)
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(30 ILCS 500/1-15.30)
Sec. 1-15.30. Contract. "Contract" means all types of
State agreements, regardless
of what they may be called, for the procurement, use, or disposal
of supplies, services,
professional or artistic services, or construction or for leases of real
property where the State is the lessee, or
capital improvements,
and including renewals, master contracts, contracts for financing through
use of installment or
lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/1-15.35)
Sec. 1-15.35.
Cost-reimbursement contract.
"Cost-reimbursement contract" means
a contract under which a contractor is reimbursed for costs that
are allowable and allocable in
accordance with the contract terms and the provisions of this
Code, and a fee, if any.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.40) Sec. 1-15.40. Electronic procurement. "Electronic procurement" means conducting all or some of the procurement function over the Internet.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/1-15.42)
Sec. 1-15.42.
Grant.
"Grant" means the furnishing by the State of
assistance, whether financial or otherwise, to any person to support a program
authorized by law. It does not include an award the primary purpose of which
is to procure an end product for the direct benefit or use of the State agency
making the grant, whether in the form of goods, services, or construction. A
contract that results from such an award is not a grant and is
subject to this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.45)
Sec. 1-15.45.
Invitation for bids.
"Invitation for bids"
means the process by which
a purchasing agency requests information from bidders, including
all documents, whether
attached or incorporated by reference, used for soliciting bids.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.47) Sec. 1-15.47. Master contract. "Master contract" means a definite quantity, indefinite quantity, or requirements contract awarded in accordance with this Code, against which subsequent orders may be placed to meet the needs of a State purchasing entity. A master contract may be for use by a single State purchasing entity or for multiple State purchasing entities and other entities as authorized under the Governmental Joint Purchasing Act.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/1-15.48) Sec. 1-15.48. Multiple award. "Multiple award" means an award that is made to 2 or more bidders or offerors for similar supplies, services, or construction-related services.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/1-15.49) Sec. 1-15.49. No-cost contract. "No-cost contract" means a contract in which the State of Illinois does not make a payment to or receive a payment from the vendor, but the vendor has the contractual authority to charge an entity other than the State of Illinois for supplies or services at the State's contracted rate to fulfill the State's mandated requirements.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/1-15.50)
Sec. 1-15.50. Negotiation. "Negotiation" means the
process of selecting a contractor
other than by competitive sealed bids, multi-step sealed bidding,
or competitive sealed proposals,
whereby a purchasing agency can establish any and all terms and
conditions of a procurement
contract by discussion with one or more potential contractors.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/1-15.51) Sec. 1-15.51. Offer. "Offer" means a response submitted by an offeror in a competitive sealed proposal process or to a request for proposal.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.52) Sec. 1-15.52. Offeror. "Offeror" means any person who submits a proposal in response to a competitive sealed proposal process or a request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.55)
Sec. 1-15.55.
Person.
"Person" means any business,
public or private corporation,
partnership, individual, union, committee, club, unincorporated
association or other organization
or group of individuals, or other legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.60)
Sec. 1-15.60.
Professional and artistic services.
"Professional and artistic
services"
means those services provided under contract to a State agency by
a person or business, acting
as an independent contractor, qualified by education, experience,
and technical ability.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.65)
Sec. 1-15.65.
Purchase description.
"Purchase
description" means the words used
in a solicitation to describe the supplies, services, professional
or artistic services, or construction to be procured
or real property or capital improvements to be leased
and includes specifications
attached to or made a part of the solicitation.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.68)
Sec. 1-15.68.
Purchase of care.
"Purchase of care" means a contract with
a person for the furnishing of medical, educational, psychiatric, vocational,
rehabilitative, social, or human services directly to a recipient of a State
aid program.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.70)
Sec. 1-15.70. Purchasing agency. "Purchasing agency" means a State agency that enters into a contract at the direction of a State purchasing officer authorized by a chief procurement officer or a chief procurement officer.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/1-15.75)
Sec. 1-15.75.
Request for proposals.
"Request for
proposals" means the process by
which a purchasing agency requests information from offerors,
including all documents, whether
attached or incorporated by reference, used for soliciting
proposals.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.80)
Sec. 1-15.80. Responsible bidder, potential contractor, or offeror.
"Responsible bidder, potential contractor, or offeror" means
a person who has the capability in all respects to perform fully
the contract requirements and
the integrity and reliability that will assure good faith
performance. A responsible bidder or offeror shall not include a business or other entity that does not exist as a legal entity at the time a bid or offer is submitted for a State contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/1-15.85)
Sec. 1-15.85.
Responsive bidder.
"Responsive bidder"
means a person who has
submitted a bid that conforms in all material respects to the
invitation for bids.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.86) Sec. 1-15.86. Responsive offeror. "Responsive offeror" means a person who has submitted an offer that conforms in all material respects to the request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.90)
Sec. 1-15.90.
Services.
"Services" means the furnishing
of labor, time, or effort by
a contractor, not involving the delivery of a specific end product
other than reports or supplies
that are incidental to the required performance.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.93) Sec. 1-15.93. Single prime. "Single prime" means the design-bid-build procurement delivery method for a building construction project in which the Capital Development Board or a public institution of higher education, as defined in Section 1-13 of this Code, is the construction agency procuring 2 or more subdivisions of work enumerated in paragraphs (1) through (5) of subsection (a) of Section 30-30 of this Code under a single contract. The provisions of this Section are inoperative for public institutions of higher education on and after January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.) |
(30 ILCS 500/1-15.95)
Sec. 1-15.95.
Specifications.
"Specifications" means any
description, provision, or
requirement pertaining to the physical or functional
characteristics or of the nature of a supply,
service, or other item to be procured under a contract.
Specifications may include a description
of any requirement for inspecting, testing, or preparing a supply,
service, professional or artistic
service, construction, or other item for delivery.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.100)
Sec. 1-15.100. State agency. "State agency" means and includes all
boards, commissions, agencies, institutions, authorities, and bodies politic
and corporate of the State, created by or in accordance with the constitution
or statute, of the executive branch of State government and does include
colleges, universities, and institutions under the jurisdiction of the
governing boards of the University of Illinois, Southern Illinois University,
Illinois State University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State University, Governors
State University, Northeastern Illinois University, and the Board of Higher
Education. However, this term does
not apply to public employee retirement systems or investment boards that are
subject to fiduciary duties imposed by the Illinois Pension Code or to the
University of Illinois Foundation. "State agency" does not include units of
local government, school districts, community colleges under the Public
Community College Act, and the Illinois Comprehensive Health Insurance Board.
(Source: P.A. 101-81, eff. 7-12-19.)
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(30 ILCS 500/1-15.105)
Sec. 1-15.105.
State purchasing officer.
"State purchasing officer"
means a person appointed by any of the chief procurement officers to exercise
the procurement authority created by this Code or by rule.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.107) Sec. 1-15.107. Subcontract. "Subcontract" means a contract between a person and a person who has a contract subject to this Code, pursuant to which the subcontractor provides to the contractor, or, if the contract price exceeds the small purchase maximum established by Section 20-20 of this Code, another subcontractor, some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary contract and includes, among other things, subleases from a lessee of a State agency. For purposes of this Code, a "subcontract" does not include purchases of goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/1-15.108) Sec. 1-15.108. Subcontractor. "Subcontractor" means a person or entity that enters into a contractual agreement with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code with a person or entity who has a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. For purposes of this Code, a person or entity is not a "subcontractor" if that person only provides goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/1-15.110)
Sec. 1-15.110. Supplies. "Supplies" means all personal
property, including but not
limited to equipment, materials, printing, and insurance, and the
financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/1-15.111) Sec. 1-15.111. Supplier. "Supplier" means any person or entity providing supplies, including, but not limited to, equipment, materials, printing, and insurance, and the financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/1-15.115)
Sec. 1-15.115.
Using agency.
"Using agency" means a
State agency that uses items
procured under this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/1-15.120) Sec. 1-15.120. Expatriated entity. "Expatriated entity" means a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b) of Section 835 of the Homeland Security Act of 2002, 6 U.S.C. 395(b), or any subsidiary of such an entity. The Federal regulations found at 26 CFR 1.7874-3 may be used to determine when 6 U.S.C. 395(b)(3) applies.
(Source: P.A. 100-551, eff. 1-1-18.) |
(30 ILCS 500/1-25)
Sec. 1-25.
Property rights.
No person shall have any right to a specific
contract with the State unless that person has a contract that has been signed
by an officer or employee of the purchasing agency with appropriate signature
authority. The State shall be under no obligation to issue an award or execute
a contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/1-30)
Sec. 1-30.
Applicability to Constitutional Officers and the Legislative
and Judicial Branches.
(a) The constitutional officers
shall procure their needs in a manner substantially in accordance with the
requirements of this Code and shall promulgate rules no less restrictive than
the requirements of this Code.
(b) The legislative and judicial branches are exempt from this Code. The
legislative and judicial branches shall make procurements in accordance with
rules promulgated to meet their needs. Procurement rules promulgated by the
legislative and judicial branches may incorporate provisions of this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/1-35) Sec. 1-35. (Repealed). (Source: P.A. 102-558, eff. 8-20-21. Repealed internally, eff. 7-17-23.) |
(30 ILCS 500/1-40) Sec. 1-40. Application to James R. Thompson Center. In accordance with Section 7.4 of the State Property Control Act, this Code does not apply to any procurements related to the sale of the James R. Thompson Center, provided that the process shall be conducted in a manner substantially in accordance with the requirements of the following Sections of this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The exemption contained in this Section does not apply to any leases involving the James R. Thompson Center, including a leaseback authorized under Section 7.4 of the State Property Control Act.
(Source: P.A. 102-558, eff. 8-20-21.) |
(30 ILCS 500/Art. 5 heading) ARTICLE 5
POLICY ORGANIZATION
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(30 ILCS 500/5-5)
Sec. 5-5. Procurement Policy Board.
(a) Creation. There is created a Procurement Policy Board, an agency of the State of Illinois.
(b) Authority and duties. The Board shall have the
authority and responsibility to
review, comment upon, and recommend, consistent with this Code, rules and
practices governing the
procurement, management, control,
and disposal of supplies, services, professional or artistic
services, construction, and real
property and capital improvement leases procured by the State.
The Board shall also have the authority to recommend a program for professional development and provide opportunities for training in procurement practices and policies to chief procurement officers and their staffs in order to ensure that all procurement is conducted in an efficient, professional, and appropriately transparent manner. Upon a three-fifths vote of its members, the Board may review a
contract.
Upon a three-fifths vote of its members, the Board may propose procurement
rules for consideration by chief procurement officers. These proposals shall
be published in each volume of the Procurement Bulletin.
Except as otherwise provided by law, the Board shall act upon the vote of a
majority of its members who have been appointed and are serving.
(b-5) Reviews, studies, and hearings. The Board may review, study, and hold public hearings concerning the implementation and administration of this Code. Each chief procurement officer, State purchasing officer, procurement compliance monitor, and State agency shall cooperate with the Board, provide information to the Board, and be responsive to the Board in the Board's conduct of its reviews, studies, and hearings.
(c) Members. The Board shall consist of 5 members
appointed one each by the 4 legislative leaders and
the Governor.
Each
member shall have demonstrated sufficient business or professional
experience in the area of
procurement to perform the functions of the Board. No member may be a member
of the General Assembly.
(d) Terms. Of the initial appointees, the Governor shall
designate one member, as Chairman, to serve
a one-year term, the President of the Senate and the Speaker of the House shall
each appoint one member to serve 3-year terms, and the Minority Leader of the
House
and the Minority Leader of the Senate shall each
appoint one member to serve 2-year terms. Subsequent
terms shall be 4 years. Members may be reappointed for
succeeding terms.
(e) Reimbursement. Members shall receive no compensation
but shall be reimbursed
for any expenses reasonably incurred in the performance of their
duties.
(f) Staff support. Upon a three-fifths vote of its members, the Board may
employ an executive director. Subject to appropriation, the
Board also may employ a reasonable and necessary number of staff persons.
(g) Meetings. Meetings of the Board may be conducted telephonically,
electronically, or through the use of other telecommunications.
Written minutes of such meetings shall be
created and available for public inspection and copying.
(h) Procurement recommendations. Upon a three-fifths vote of its members, the Board may review a proposal, bid, or contract and issue a recommendation to void a contract or reject a proposal or bid based on any violation of this Code or the existence of a conflict of interest as described in subsections (b) and (d) of Section 50-35. A chief procurement officer or State purchasing officer shall notify the Board if an alleged conflict of interest or violation of the Code is identified, discovered, or reasonably suspected to exist. Any person or entity may notify the Board of an alleged conflict of interest or violation of the Code. A recommendation of the Board shall be delivered to the appropriate chief procurement officer and Executive Ethics Commission within 7 calendar days and must be published in the next volume of the Procurement Bulletin. In the event that an alleged conflict of interest or violation of the
Code that was not originally disclosed with the bid, offer, or proposal is identified and filed with the Board, the
Board shall provide written notice of the alleged conflict of interest or violation to the bidder, offeror, potential contractor, contractor, or subcontractor on that contract. If
the alleged conflict of interest or violation is by the subcontractor, written notice shall also be provided to the bidder, offeror, potential contractor, or contractor. The bidder, offeror, potential contractor,
contractor, or subcontractor shall have 15 calendar days to provide a written response to the notice, and a hearing before
the Board on the alleged conflict of interest or violation shall be held upon request by the bidder, offeror, potential contractor, contractor, or subcontractor. The requested hearing date and time shall
be determined by the Board, but in no event shall the hearing occur later than 15 calendar days after the date of the request. (i) After providing notice and a hearing as required by subsection (h), the Board shall refer any alleged violations of this Code to the Executive Inspector General in addition to or instead of issuing a recommendation to void a contract. (j) Response. Each State agency shall respond promptly in writing to all inquiries and comments of the Procurement Policy Board. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/5-7) Sec. 5-7. Commission on Equity and Inclusion; powers and duties. (a) The Commission on Equity and Inclusion, as created under the Commission on Equity and Inclusion Act, shall have the powers and duties provided under this Section with respect to this Code. Nothing in this Section shall be construed as overriding the authority and duties of the Procurement Policy Board as provided under Section 5-5. The powers and duties of the Commission as provided under this Section shall be exercised alongside, but independent of, that of the Procurement Policy Board. (b) The Commission on Equity and Inclusion shall have the authority and responsibility to review, comment upon, and recommend, consistent with this Code, rules and practices governing the procurement, management, control, and disposal of supplies, services, professional or artistic services, construction, and real property and capital improvement leases procured by the State for the purpose of diversity, equity, and inclusion. The Commission on Equity and Inclusion shall also have the authority to recommend a program for professional development and provide opportunities for training in equity and inclusion in procurement practices and policies to chief procurement officers and their staffs in order to ensure that all procurement is conducted in an efficient, professional, and appropriately transparent manner. (c) Upon a majority vote of its members, the Commission on Equity and Inclusion may review a contract for purposes of equity and inclusion. Upon a three-fifths vote of its members, the Commission may propose equity and inclusion in procurement rules for consideration by chief procurement officers. These proposals of equity and inclusion rules shall be published in each volume of the Procurement Bulletin. Except as otherwise provided by law, the Commission on Equity and Inclusion shall act upon the vote of a majority of its members who have been appointed and are serving. (d) The Commission on Equity and Inclusion may review, study, and hold public hearings concerning the implementation and administration of this Code in regard to equity and inclusion in procurement. Each chief procurement officer, State purchasing officer, procurement compliance monitor, and State agency shall cooperate with, provide information to, and be responsive to the Commission on Equity and Inclusion in the conduct of its reviews, studies, and hearings for purposes of equity and inclusion in procurement. (e) Upon a three-fifths vote of its members, the Commission on Equity and Inclusion shall review a proposal, bid, or contract and issue a recommendation to void a contract or reject a proposal or bid based on any violation of this Code in regard to equity and inclusion. A recommendation of the Commission shall be delivered to the appropriate chief procurement officer within 7 calendar days after the proposal due date, bid opening date, or determination of a Code violation and must be published in the next volume of the Procurement Bulletin. The bidder, offeror, potential contractor, contractor, or subcontractor shall have 15 calendar days to provide a written response to the notice. A hearing before the Commission on the violation of the Code in regard to equity and inclusion shall be held upon request by the bidder, offeror, potential contractor, contractor, or subcontractor. The requested hearing date and time shall be determined by the Commission on Equity and Inclusion, but in no event shall the hearing occur later than 15 calendar days after the date of the request. Within 7 days after the hearing, the Commission shall deliver a recommendation to the appropriate chief procurement officer whether to void the contract or reject the proposal or bid.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.) |
(30 ILCS 500/5-23)
Sec. 5-23.
Interests of Board members.
Members of the Procurement Policy
Board employed by or holding an interest in an entity doing business with or
attempting to do business with the State of Illinois do not, by their
service on the Board, preclude that entity from doing business with or
attempting to do business with the State.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/5-25)
Sec. 5-25. Rulemaking authority; agency policy; agency response. (a) Rulemaking. A chief procurement officer
authorized to make
procurements under this Code shall have the authority to
promulgate rules to carry out that
authority. The
rulemaking on specific procurement
topics mentioned in specific Sections of this Code shall not be construed as
prohibiting or limiting rulemaking on other procurement topics.
All rules
shall be promulgated in accordance with the Illinois Administrative Procedure
Act. Contractual provisions, specifications, and procurement descriptions are
not rules and are not subject to the Illinois Administrative Procedure Act.
All rules other than those promulgated by the Board
shall be presented in writing to the Board for review and
comment. The Board shall express their opinions and recommendations in writing. The
proposed rules and recommendations shall be made available for
public review. The rules shall also be approved by the Joint Committee on Administrative Rules.
(b) Policy. Each chief procurement officer shall promptly notify the Procurement Policy Board in writing of any proposed new procurement rule or policy or any proposed change in an existing procurement rule or policy.
(c) Response. Each State agency must respond promptly in writing to all inquiries and comments of the Procurement Policy Board.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/5-30) Sec. 5-30. Proposed contracts; Procurement Policy Board; Commission on Equity and Inclusion. (a) Except as provided in subsection (c), within 14 calendar days after notice of the awarding or letting of a contract has appeared in the Procurement Bulletin in accordance with subsection (b) of Section 15-25, the Board or the Commission on Equity and Inclusion may request in writing from the contracting agency and the contracting agency shall promptly, but in no event later than 7 calendar days after receipt of the request, provide to the requesting entity, by electronic or other means satisfactory to the requesting entity, documentation in the possession of the contracting agency concerning the proposed contract. Nothing in this subsection is intended to waive or abrogate any privilege or right of confidentiality authorized by law. (b) No contract subject to this Section may be entered into until the 14-day period described in subsection (a) has expired, unless the contracting agency requests in writing that the Board and the Commission on Equity and Inclusion waive the period and the Board and the Commission on Equity and Inclusion grant the waiver in writing.
(c) This Section does not apply to (i) contracts entered into under this Code for small and emergency procurements as those procurements are defined in Article 20 and (ii) contracts for professional and artistic services that are nonrenewable, one year or less in duration, and have a value of less than $20,000. If requested in writing by the Board or the Commission on Equity and Inclusion, however, the contracting agency must promptly, but in no event later than 10 calendar days after receipt of the request, transmit to the Board or the Commission on Equity and Inclusion a copy of the contract for an emergency procurement and documentation in the possession of the contracting agency concerning the contract.
(Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22.) |
(30 ILCS 500/Art. 10 heading) ARTICLE 10
APPOINTMENTS
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(30 ILCS 500/10-5)
Sec. 10-5. Exercise of procurement authority. The chief procurement officer shall exercise all procurement authority created by this Code. The State purchasing officers appointed under this Code shall exercise procurement authority at the direction of their respective chief procurement officer. Decisions of a State purchasing officer are subject to review by the respective chief procurement officer.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/10-10)
Sec. 10-10. Independent State purchasing officers. (a) The chief procurement officer shall
appoint and determine the salary of a State purchasing officer for each agency that the chief procurement officer is responsible for under Section 1-15.15. A State purchasing officer shall be located in the State agency that the officer serves but shall report to his or her respective chief procurement officer. The State purchasing officer shall have direct communication with agency staff assigned to assist with any procurement process. At the direction of his or her respective chief procurement officer, a State purchasing officer shall have the authority to (i) review any contract or contract amendment prior to execution to ensure that applicable procurement and contracting standards were followed and (ii) approve or reject contracts for a purchasing agency. If the State purchasing officer provides written approval of the contract, the head of the applicable State agency shall have the authority to sign and enter into that contract. All actions of a State purchasing officer are subject to review by a chief procurement officer in accordance with procedures and policies established by the chief procurement officer. (a-5) A State purchasing officer may (i) attend any procurement meetings; (ii) access any records or files related to procurement; (iii) submit reports to the chief procurement officer on procurement issues; (iv) ensure the State agency is maintaining appropriate records; and (v) ensure transparency of the procurement process. (a-10) If a State purchasing officer is aware of misconduct, waste, or inefficiency with respect to State procurement, the State purchasing officer shall advise the State agency of the issue in writing. If the State agency does not correct the issue, the State purchasing officer shall report the problem, in writing, to the chief procurement officer and appropriate Inspector General. (b) In addition to any other requirement or qualification required by State law, within 30 months after appointment, a State purchasing officer must be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council or the Institute for Supply Management. A State purchasing officer shall serve a term of 5 years beginning on the date of the officer's appointment. A State purchasing officer shall have an office located in the State agency that the officer serves but shall report to the chief procurement officer. A State purchasing officer may be removed by a chief procurement officer for cause after a hearing by the Executive Ethics Commission. The chief procurement officer or executive officer of the State agency housing the State purchasing officer may institute a complaint against the State purchasing officer by filing such a complaint with the Commission and the Commission shall have a public hearing based on the complaint. The State purchasing officer, chief procurement officer, and executive officer of the State agency shall receive notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall make a non-binding recommendation on whether the State purchasing officer shall be removed. The salary of a State purchasing officer shall be established by the chief procurement officer and may not be diminished during the officer's term. In the absence of an appointed State purchasing
officer, the applicable
chief procurement officer shall exercise the procurement authority created by
this Code and may appoint a temporary acting State purchasing officer.
(c) Each State purchasing officer owes a fiduciary duty to the State. (Source: P.A. 103-8, eff. 6-7-23.)
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(30 ILCS 500/10-15)
Sec. 10-15. Procurement compliance monitors. (a) The Executive Ethics Commission may appoint procurement compliance monitors to oversee and review the procurement processes. Each procurement compliance monitor shall serve a term of 5 years beginning on the date of the officer's appointment. Each procurement compliance monitor appointed pursuant to this Section and serving a 5-year term on the effective date of this amendatory Act of the 100th General Assembly shall report to the chief procurement officer in the performance of his or her duties until the expiration of the monitor's term. The compliance monitor shall have direct communications with the executive officer of a State agency in exercising duties. A procurement compliance monitor may be removed only for cause after a hearing by the Executive Ethics Commission. The appropriate chief procurement officer or executive officer of the State agency served by the procurement compliance monitor may institute a complaint against the procurement compliance monitor with the Commission and the Commission shall hold a public hearing based on the complaint. The procurement compliance monitor, State purchasing officer, appropriate chief procurement officer, and executive officer of the State agency shall receive notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall determine whether the procurement compliance monitor shall be removed. The salary of a procurement compliance monitor shall be established by the Executive Ethics Commission and may not be diminished during the officer's term. (b) The procurement compliance monitor shall: (i) review any procurement, contract, or contract amendment as directed by the Executive Ethics Commission or a chief procurement officer; and (ii) report any findings of the review, in writing, to the Commission, the affected agency, the chief procurement officer responsible for the affected agency, and any entity requesting the review. The procurement compliance monitor may: (i) review each contract or contract amendment prior to execution to ensure that applicable procurement and contracting standards were followed; (ii) attend any procurement meetings; (iii) access any records or files related to procurement; (iv) issue reports to the chief procurement officer on procurement issues that present issues or that have not been corrected after consultation with appropriate State officials; (v) ensure the State agency is maintaining appropriate records; and (vi) ensure transparency of the procurement process. (c) If the procurement compliance monitor is aware of misconduct, waste, or inefficiency with respect to State procurement, the procurement compliance monitor shall advise the State agency of the issue in writing. If the State agency does not correct the issue, the monitor shall report the problem, in writing, to the chief procurement officer and Inspector General.
(d) Each procurement compliance monitor owes a fiduciary duty to the State. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/10-20) (Text of Section from P.A. 103-588) Sec. 10-20. Independent chief procurement officers. (a) Appointment. Within 60 calendar days after July 1, 2010 (the effective date of Public Act 96-795), the Executive Ethics Commission, with the advice and consent of the Senate shall appoint or approve 4 chief procurement officers, one for each of the following categories: (1) for procurements for construction and | ||
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(2) for procurements for all construction, | ||
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(3) for all procurements made by a public institution | ||
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(4) for all other procurement needs of State | ||
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For fiscal years 2024 and 2025, the Executive Ethics Commission shall set aside from its appropriation those amounts necessary for the use of the 4 chief procurement officers for the ordinary and contingent expenses of their respective procurement offices. From the amounts set aside by the Commission, each chief procurement officer shall control the internal operations of his or her procurement office and shall procure the necessary equipment, materials, and services to perform the duties of that office, including hiring necessary procurement personnel, legal advisors, and other employees, and may establish, in the exercise of the chief procurement officer's discretion, the compensation of the office's employees, which includes the State purchasing officers and any legal advisors. The Executive Ethics Commission shall have no control over the employees of the chief procurement officers. The Executive Ethics Commission shall provide administrative support services, including payroll, for each procurement office. (b) Terms and independence. Each chief procurement officer appointed under this Section shall serve for a term of 5 years beginning on the date of the officer's appointment. The chief procurement officer may be removed for cause after a hearing by the Executive Ethics Commission. The Governor or the director of a State agency directly responsible to the Governor may institute a complaint against the officer by filing such complaint with the Commission. The Commission shall have a hearing based on the complaint. The officer and the complainant shall receive reasonable notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall make a finding on the complaint and may take disciplinary action, including but not limited to removal of the officer. The salary of a chief procurement officer shall be established by the Executive Ethics Commission and may not be diminished during the officer's term. The salary may not exceed the salary of the director of a State agency for which the officer serves as chief procurement officer. (c) Qualifications. In addition to any other requirement or qualification required by State law, each chief procurement officer must within 12 months of employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois. (d) Fiduciary duty. Each chief procurement officer owes a fiduciary duty to the State. (e) Vacancy. In case of a vacancy in one or more of the offices of a chief procurement officer under this Section during the recess of the Senate, the Executive Ethics Commission shall make a temporary appointment until the next meeting of the Senate, when the Executive Ethics Commission shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. If the Senate is not in session at the time Public Act 96-920 takes effect, the Executive Ethics Commission shall make a temporary appointment as in the case of a vacancy. (f) (Blank). (g) (Blank). (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.) (Text of Section from P.A. 103-605) Sec. 10-20. Independent chief procurement officers. (a) Appointment. Within 60 calendar days after July 1, 2010 (the effective date of Public Act 96-795), the Executive Ethics Commission, with the advice and consent of the Senate shall appoint or approve 4 chief procurement officers, one for each of the following categories: (1) for procurements for construction and | ||
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(2) for procurements for all construction, | ||
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(3) for all procurements made by a public institution | ||
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(4) for all other procurement needs of State | ||
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For fiscal year 2024, the Executive Ethics Commission shall set aside from its appropriation those amounts necessary for the use of the 4 chief procurement officers for the ordinary and contingent expenses of their respective procurement offices. From the amounts set aside by the Commission, each chief procurement officer shall control the internal operations of his or her procurement office and shall procure the necessary equipment, materials, and services to perform the duties of that office, including hiring necessary procurement personnel, legal advisors, and other employees, and may establish, in the exercise of the chief procurement officer's discretion, the compensation of the office's employees, which includes the State purchasing officers and any legal advisors. The Executive Ethics Commission shall have no control over the employees of the chief procurement officers. The Executive Ethics Commission shall provide administrative support services, including payroll, for each procurement office. (b) Terms and independence. Each chief procurement officer appointed under this Section shall serve for a term of 5 years beginning on the date of the officer's appointment. The chief procurement officer may be removed for cause after a hearing by the Executive Ethics Commission. The Governor or the director of a State agency directly responsible to the Governor may institute a complaint against the officer by filing such complaint with the Commission. The Commission shall have a hearing based on the complaint. The officer and the complainant shall receive reasonable notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall make a finding on the complaint and may take disciplinary action, including but not limited to removal of the officer. The salary of a chief procurement officer shall be established by the Executive Ethics Commission and may not be diminished during the officer's term. The salary may not exceed the salary of the director of a State agency for which the officer serves as chief procurement officer. (c) Qualifications. In addition to any other requirement or qualification required by State law, each chief procurement officer must within 12 months of employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois. (d) Fiduciary duty. Each chief procurement officer owes a fiduciary duty to the State. (e) Vacancy. In case of a vacancy in one or more of the offices of a chief procurement officer under this Section during the recess of the Senate, the Executive Ethics Commission shall make a temporary appointment until the next meeting of the Senate, when the Executive Ethics Commission shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. If the Senate is not in session at the time Public Act 96-920 takes effect, the Executive Ethics Commission shall make a temporary appointment as in the case of a vacancy. (f) (Blank). (g) (Blank). (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-865) Sec. 10-20. Independent chief procurement officers. (a) Appointment. Within 60 calendar days after July 1, 2010 (the effective date of Public Act 96-795), the Executive Ethics Commission, with the advice and consent of the Senate shall appoint or approve 4 chief procurement officers, one for each of the following categories: (1) for procurements for construction and | ||
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(2) for procurements for all construction, | ||
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(3) for all procurements made by a public institution | ||
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(4) for all other procurement needs of State | ||
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The Executive Ethics Commission shall set aside from its appropriation those amounts necessary for the use of the 4 chief procurement officers for the ordinary and contingent expenses of their respective procurement offices. From the amounts set aside by the Commission, each chief procurement officer shall control the internal operations of his or her procurement office and shall procure the necessary equipment, materials, and services to perform the duties of that office, including hiring necessary procurement personnel, legal advisors, and other employees, and may establish, in the exercise of the chief procurement officer's discretion, the compensation of the office's employees, which includes the State purchasing officers and any legal advisors. The Executive Ethics Commission shall have no control over the employees of the chief procurement officers. The Executive Ethics Commission shall provide administrative support services, including payroll, for each procurement office. (b) Terms and independence. Each chief procurement officer appointed under this Section shall serve for a term of 5 years beginning on the date of the officer's appointment. The chief procurement officer may be removed for cause after a hearing by the Executive Ethics Commission. The Governor or the director of a State agency directly responsible to the Governor may institute a complaint against the officer by filing such complaint with the Commission. The Commission shall have a hearing based on the complaint. The officer and the complainant shall receive reasonable notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall make a finding on the complaint and may take disciplinary action, including but not limited to removal of the officer. The salary of a chief procurement officer shall be established by the Executive Ethics Commission and may not be diminished during the officer's term. The salary may not exceed the salary of the director of a State agency for which the officer serves as chief procurement officer. (c) Qualifications. In addition to any other requirement or qualification required by State law, each chief procurement officer must within 12 months of employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois. (d) Fiduciary duty. Each chief procurement officer owes a fiduciary duty to the State. (e) Vacancy. In case of a vacancy in one or more of the offices of a chief procurement officer under this Section during the recess of the Senate, the Executive Ethics Commission shall make a temporary appointment until the next meeting of the Senate, when the Executive Ethics Commission shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. If the Senate is not in session at the time Public Act 96-920 takes effect, the Executive Ethics Commission shall make a temporary appointment as in the case of a vacancy. (f) (Blank). (g) (Blank). (Source: P.A. 103-8, eff. 6-7-23; 103-865, eff. 1-1-25.) |
(30 ILCS 500/10-25)
Sec. 10-25. (Repealed). (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of P.A. 96-795). Repealed internally, eff. 1-10-11.) |
(30 ILCS 500/10-30) Sec. 10-30. Fiduciary duty. Each chief procurement officer, State purchasing officer, and procurement compliance monitor owe a fiduciary duty to the State.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/Art. 15 heading) ARTICLE 15
PROCUREMENT INFORMATION
(Source: P.A. 95-536, eff. 1-1-08.) |
(30 ILCS 500/15-1)
Sec. 15-1. Publisher. Each chief procurement officer, in consultation with the agencies under his or her jurisdiction, possesses the rights to and is the authority responsible for publishing its volume of the
Illinois Procurement Bulletin.
Each volume of the Illinois Procurement Bulletin shall be available
electronically and may be available in print. References in this Code to the
publication and
distribution of the Illinois Procurement Bulletin include both its print and
electronic formats.
(Source: P.A. 97-895, eff. 8-3-12.)
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(30 ILCS 500/15-10)
Sec. 15-10.
Contents.
The Illinois Procurement Bulletin
shall contain notices and
other information required by this Code or by rules promulgated
under this Code to be
published in the Illinois Procurement Bulletin. Each volume shall
include a comprehensive index
of its contents.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/15-15) Sec. 15-15. Publication. All volumes of the Illinois Procurement
Bulletin shall be published at least
once per month. Any volume, including volumes available in print format,
shall be available through subscription for a
minimal fee not exceeding
publication and distribution costs. The Illinois Procurement
Bulletin shall be distributed free to
public libraries within Illinois and electronically to any entity that has subscribed on the publishing entity's website.(Source: P.A. 96-1444, eff. 8-20-10.) |
(30 ILCS 500/15-20)
Sec. 15-20. Qualified bidders or offerors. Subscription to the
Illinois Procurement Bulletin shall
not be required to qualify as a bidder or offeror under this Code.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/15-25) Sec. 15-25. Bulletin content. (a) Invitations for bids. Notice of each and every contract that is offered, including renegotiated contracts and change orders, shall be published in the Bulletin. The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least the date first offered, the date submission of offers is due, the location that offers are to be submitted to, the purchasing State agency, the responsible State purchasing officer, a brief purchase description, the method of source selection, information of how to obtain a comprehensive purchase description and any disclosure and contract forms, and encouragement to potential contractors to hire qualified veterans, as defined by Section 45-67 of this Code, and qualified Illinois minorities, women, persons with disabilities, and residents discharged from any Illinois adult correctional center. (a-5) All businesses listed on the Illinois Unified Certification Program Disadvantaged Business Enterprise Directory, the Business Enterprise Program of the Commission on Equity and Inclusion, and any small business database created pursuant to Section 45-45 of this Code shall be furnished written instructions and information on how to register for the Illinois Procurement Bulletin. This information shall be provided to each business within 30 calendar days after the business's notice of certification or qualification. (b) Contracts let. Notice of each and every contract that is let, including renegotiated contracts and change orders, shall be issued electronically to those bidders submitting responses to the solicitations, inclusive of the unsuccessful bidders, immediately upon contract let. Failure of any chief procurement officer to give such notice shall result in tolling the time for filing a bid protest up to 7 calendar days. For purposes of this subsection (b), "contracts let" means a construction agency's act of advertising an invitation for bids for one or more construction projects. (b-5) Contracts awarded. Notice of each and every contract that is awarded, including renegotiated contracts and change orders, shall be issued electronically to the successful responsible bidder, offeror, or contractor and published in the Bulletin. The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least all of the information specified in subsection (a) as well as the name of the successful responsible bidder, offeror, the contract price, the number of unsuccessful bidders or offerors and any other disclosure specified in any Section of this Code. This notice must be posted in the online electronic Bulletin prior to execution of the contract. For purposes of this subsection (b-5), "contract award" means the determination that a particular bidder or offeror has been selected from among other bidders or offerors to receive a contract, subject to the successful completion of final negotiations. "Contract award" is evidenced by the posting of a Notice of Award or a Notice of Intent to Award to the respective volume of the Illinois Procurement Bulletin. (c) Emergency purchase disclosure. Any chief procurement officer or State purchasing officer exercising emergency purchase authority under this Code shall publish a written description and reasons and the total cost, if known, or an estimate if unknown and the name of the responsible chief procurement officer and State purchasing officer, and the business or person contracted with for all emergency purchases in the Bulletin. The notice for an emergency procurement other than the extension of an emergency contract must be posted in the online electronic Bulletin no later than 5 calendar days after the contract is awarded, and notice for the extension of an emergency contract must be posted in the online electronic Bulletin no later than 7 calendar days after the extension is executed. (c-5) Business Enterprise Program report. Each purchasing agency shall, with the assistance of the applicable chief procurement officer, post in the online electronic Bulletin a copy of its annual report of utilization of businesses owned by minorities, women, and persons with disabilities as submitted to the Business Enterprise Council for Minorities, Women, and Persons with Disabilities pursuant to Section 6(c) of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act within 10 calendar days after its submission of its report to the Council. (c-10) Renewals. Notice of each contract renewal shall be posted in the Bulletin within 14 calendar days of the determination to execute a renewal of the contract. The notice shall include at least all of the information required in subsection (a) or (b), as applicable. (c-15) Sole source procurements. Before entering into a sole source contract, a chief procurement officer exercising sole source procurement authority under this Code shall publish a written description of intent to enter into a sole source contract along with a description of the item to be procured and the intended sole source contractor. This notice must be posted in the online electronic Procurement Bulletin before a sole source contract is awarded and at least 14 calendar days before the hearing required by Section 20-25. (d) Other required disclosure. The applicable chief procurement officer shall provide by rule for the organized publication of all other disclosure required in other Sections of this Code in a timely manner. (e) The changes to subsections (b), (c), (c-5), (c-10), and (c-15) of this Section made by Public Act 96-795 apply to reports submitted, offers made, and notices on contracts executed on or after July 1, 2010 (the effective date of Public Act 96-795). The changes made to subsection (c) by this amendatory Act of the 102nd General Assembly apply only to emergency contract extensions executed on or after the effective date of this amendatory Act of the 102nd General Assembly. (f) Each chief procurement officer shall, in consultation with the agencies under his or her jurisdiction, provide the Procurement Policy Board with the information and resources necessary, and in a manner, to effectuate the purpose of Public Act 96-1444. (Source: P.A. 102-1119, eff. 1-23-23; 103-961, eff. 8-9-24.) |
(30 ILCS 500/15-30) Sec. 15-30. Electronic Bulletin clearinghouse. (a) The Procurement Policy Board shall maintain on its official website a searchable database containing all information required to be included in the Illinois Procurement Bulletin under subsections (b), (c), (c-10), and (c-15) of Section 15-25 and all information required to be disclosed under Section 50-41. The posting of procurement information on the website is subject to the same posting requirements as the online electronic Bulletin. (b) For the purposes of this Section, searchable means searchable and sortable by awarded bidder, offeror, potential contractor, or contractor, for emergency purchases, business or person contracted with; the contract price or total cost; the service or supply; the purchasing State agency; and the date first offered or announced. (c) The applicable chief procurement officer shall provide the Procurement Policy Board the information and resources necessary, and in a manner, to effectuate the purpose of this Section.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/15-35) Sec. 15-35. Vendor portal. Each chief procurement officer may, in consultation with the agencies under his or her jurisdiction and the Procurement Policy Board, establish a vendor portal. The vendor portal shall allow a potential vendor to provide certifications, disclosures, registrations, and other documentation needed to do business with a State agency in advance of any particular procurement. A potential vendor who registers with the vendor portal and provides this information may submit its registration number, with a confirmation that the portal information remains current, as part of its response to a competitive selection or a contracting process, rather than submit the same information in full. One or more chief procurement officers may jointly operate a vendor portal if a single portal would better serve the needs of the State agencies and the vendor community. A chief procurement officer may accept, for use on procurements and contracts under his or her jurisdiction, the registration from another chief procurement officer's vendor portal. This Section applies notwithstanding any laws to the contrary except for later enacted laws that specifically refer to this Section. Nothing in this Section shall preclude a State agency from implementing its own pre-qualification, certification, disclosure, and registration requirements necessary to conduct and manage its program operation. This Section does not apply to any contract for any project as to which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.) |
(30 ILCS 500/15-40) Sec. 15-40. Method of notices and reports. Notices and reports required by any Section of this Code may be made by either paper or electronic means.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/15-45) Sec. 15-45. Computation of days. The time within which any act provided in this Code is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday, and then it shall also be excluded. If the day succeeding a Saturday, Sunday, or holiday is also a holiday, a Saturday, or a Sunday, then that succeeding day shall also be excluded. For the purposes of this Code, "holiday" means: New Year's Day; Dr. Martin Luther King, Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial Day; Juneteenth National Freedom Day; Independence Day; Labor Day; Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day; and any other day from time to time declared by the President of the United States or the Governor of Illinois to be a day during which the agencies of the State of Illinois that are ordinarily open to do business with the public shall be closed for business.
Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. (Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.) |
(30 ILCS 500/Art. 20 heading) ARTICLE 20
SOURCE SELECTION AND CONTRACT FORMATION
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(30 ILCS 500/20-5)
Sec. 20-5. Method of source selection. Unless otherwise authorized by
law, all State contracts shall be awarded
by competitive sealed bidding, in accordance with Section 20-10,
except as provided in Sections 20-15, 20-20, 20-25, 20-30, 20-35, 30-15, and
40-20. The chief procurement officers appointed pursuant to Section 10-20 may determine the method of solicitation and contract for all procurements pursuant to this Code.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/20-10) (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and 103-564) Sec. 20-10. Competitive sealed bidding; reverse auction. (a) Conditions for use. All contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 20-5. (b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and the material contractual terms and conditions applicable to the procurement. (c) Public notice. Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 calendar days before the date set in the invitation for the opening of bids. (d) Bid opening. Bids shall be opened publicly or through an electronic procurement system in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, including earned and applied bid credit from the Illinois Works Jobs Program Act, the amount of each bid, and other relevant information as may be specified by rule shall be recorded. After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection. (e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used. (f) Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards of contracts based on bid mistakes, shall be permitted in accordance with rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by a State purchasing officer. (g) Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except when a State purchasing officer determines it is not in the best interest of the State and by written explanation determines another bidder shall receive the award. The explanation shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include: (1) a description of the agency's needs; (2) a determination that the anticipated cost will be | ||
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(3) a listing of all responsible and responsive | ||
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(4) the name of the bidder selected, the total | ||
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Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g). The written explanation shall be filed with the Legislative Audit Commission, and the Commission on Equity and Inclusion, and the Procurement Policy Board, and be made available for inspection by the public, within 14 calendar days after the agency's decision to award the contract. (g-5) Failed bid notice. In addition to the requirements of subsection (g), if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to the Department of Transportation, the Capital Development Board, or the Illinois State Toll Highway Authority, the applicable agency shall, in writing, detail why each of the 4 bids was not awarded to the bidder. The applicable agency shall submit by certified copy to the bidder the reason or reasons why each of the 4 bids was not awarded to the bidder. The agency shall submit that certified copy to the bidder within the same calendar quarter in which the fourth bid was rejected. This subsection does not apply if information pertaining to a failed bid was previously disclosed to a bidder by electronic means. If any agency chooses to provide information by electronic means, the agency shall have a written policy outlining how the agency will reasonably ensure the bidder receives the information. For the purposes of this subsection, "electronic means" means an email communication from the applicable agency to the bidder or a public posting on the applicable agency's procurement bulletin. (h) Multi-step sealed bidding. When it is considered impracticable to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. (i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under Section 1-56, subsections (a) and (c) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin. (j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin. An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner. Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c). Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection. After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f). The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder. This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services, and (iii) contracts for construction projects, including design professional services. (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24; 103-564, eff. 11-17-23.) (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and 103-564) Sec. 20-10. Competitive sealed bidding; reverse auction. (a) Conditions for use. All contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 20-5. (b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and the material contractual terms and conditions applicable to the procurement. (c) Public notice. Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 calendar days before the date set in the invitation for the opening of bids. (d) Bid opening. Bids shall be opened publicly or through an electronic procurement system in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, including earned and applied bid credit from the Illinois Works Jobs Program Act, the amount of each bid, and other relevant information as may be specified by rule shall be recorded. After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection. (e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used. (f) Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards of contracts based on bid mistakes, shall be permitted in accordance with rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by a State purchasing officer. (g) Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except when a State purchasing officer determines it is not in the best interest of the State and by written explanation determines another bidder shall receive the award. The explanation shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include: (1) a description of the agency's needs; (2) a determination that the anticipated cost will be | ||
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(3) a listing of all responsible and responsive | ||
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(4) the name of the bidder selected, the total | ||
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Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g). The written explanation shall be filed with the Legislative Audit Commission, and the Commission on Equity and Inclusion, and the Procurement Policy Board, and be made available for inspection by the public, within 14 days after the agency's decision to award the contract. (g-5) Failed bid notice. In addition to the requirements of subsection (g), if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to the Department of Transportation, the Capital Development Board, or the Illinois State Toll Highway Authority, the applicable agency shall, in writing, detail why each of the 4 bids was not awarded to the bidder. The applicable agency shall submit by certified copy to the bidder the reason or reasons why each of the 4 bids was not awarded to the bidder. The agency shall submit that certified copy to the bidder within the same calendar quarter in which the fourth bid was rejected. This subsection does not apply if information pertaining to a failed bid was previously disclosed to a bidder by electronic means. If any agency chooses to provide information by electronic means, the agency shall have a written policy outlining how the agency will reasonably ensure the bidder receives the information. For the purposes of this subsection, "electronic means" means an email communication from the applicable agency to the bidder or a public posting on the applicable agency's procurement bulletin. (h) Multi-step sealed bidding. When it is considered impracticable to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. (i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under subsections (a) and (c) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin. (j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin. An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner. Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c). Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection. After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f). The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder. This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services, and (iii) contracts for construction projects, including design professional services. (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(30 ILCS 500/20-15)
Sec. 20-15. Competitive sealed proposals.
(a) Conditions for use. When provided under this Code or under
rules, or when
the purchasing agency determines in writing that the use of
competitive sealed bidding
is either not practicable or not advantageous to the State, a
contract may be entered into by
competitive sealed proposals.
(b) Request for proposals. Proposals shall be solicited
through a request for proposals.
(c) Public notice. Public notice of the request for
proposals shall be published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the invitation for the opening
of proposals.
(d) Receipt of proposals. Proposals shall be opened
publicly or via an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the request for
proposals, but proposals shall
be opened in a manner to avoid disclosure of contents to competing
offerors during the process
of negotiation. A record of proposals shall be prepared and
shall be open for public inspection
after contract award.
(e) Evaluation factors. The requests for proposals shall
state the relative importance of
price and other evaluation factors. Proposals shall be submitted
in 3 parts: the first, price; the second, commitment to diversity; and the third, all other items. Each part of all proposals shall be evaluated and ranked independently of the other parts of all proposals. The results of the evaluation of all 3 parts shall be used in ranking of proposals.
(e-5) Method of scoring. (1) The point scoring methodology for competitive | ||
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(2) Factors to be considered in the award of points | ||
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(A) whether or how well the offeror, on the | ||
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(B) whether the offeror, on the solicitation | ||
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(C) the percentage of prior year revenues of the | ||
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(D) whether the offeror has a written supplier | ||
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(E) the percentage of members of the offeror's | ||
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(3) If any State agency or public institution of | ||
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"Manager" means a person who controls or administers | ||
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"Minorities" has the same meaning as "minority | ||
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"Persons with disabilities" has the same meaning as | ||
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"Senior executive" means the chief executive officer, | ||
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"Women" has the same meaning as "woman" under Section | ||
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(f) Discussion with responsible offerors and revisions of offers or
proposals. As provided in the
request for proposals and under rules, discussions
may be conducted with
responsible offerors who submit offers or proposals determined to be
reasonably susceptible of being
selected for award for the purpose of clarifying and assuring full
understanding of and
responsiveness to the solicitation requirements. Those offerors
shall be accorded fair and equal
treatment with respect to any opportunity for discussion and
revision of proposals. Revisions
may be permitted after submission and before award for the
purpose of obtaining best and final
offers. In conducting discussions there shall be no disclosure of
any information derived from
proposals submitted by competing offerors.
If information is disclosed to any offeror, it shall be
provided to all competing offerors.
(g) Award. Awards shall be made to the responsible offeror
whose proposal is
determined in writing to be the most advantageous to the State,
taking into consideration price and the evaluation factors set forth in the request for proposals.
The contract file shall contain
the basis on which the award is
made.
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of 101-657); 102-29, eff. 6-25-21.)
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(30 ILCS 500/20-20) (Text of Section before amendment by P.A. 103-865) Sec. 20-20. Small purchases. (a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual procurement of professional or artistic services not exceeding $100,000 may be made without competitive source selection.
Procurements shall not be artificially
divided so as to constitute a small purchase under this Section. Any procurement of construction not exceeding $100,000 may be made by an alternative competitive source selection. The construction agency shall establish rules for an alternative competitive source selection process. This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a)
shall be adjusted for inflation as determined by the Consumer
Price Index for All Urban Consumers as determined by the United States
Department of Labor and rounded to the nearest $100. (c) Based upon rules proposed by the Board and rules promulgated by the
chief procurement officers, the small purchase maximum established in
subsection
(a) may be modified. (d) Certification. All small purchases with an annual value that exceeds $50,000 shall be accompanied by Standard Illinois Certifications in a form prescribed by each Chief Procurement Officer. (Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23 (See Section 99-999 of P.A. 102-1115 for effective date of P.A. 102-1115); 102-1119, eff. 1-23-23.) (Text of Section after amendment by P.A. 103-865) Sec. 20-20. Small purchases. (a) Amount. Any individual procurement of supplies or services not exceeding $100,000 and any procurement of construction not exceeding $100,000, or any individual procurement of professional or artistic services not exceeding $100,000 may be made without competitive source selection. Procurements shall not be artificially divided so as to constitute a small purchase under this Section. Any procurement of construction not exceeding $100,000 may be made by an alternative competitive source selection. The construction agency shall establish rules for an alternative competitive source selection process. This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (b) Adjustment. Each July 1, the small purchase maximum established in subsection (a) shall be adjusted for inflation as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor and rounded to the nearest $100. (c) Based upon rules proposed by the Board and rules promulgated by the chief procurement officers, the small purchase maximum established in subsection (a) may be modified. (d) Certification. All small purchases with an annual value that exceeds $50,000 shall be accompanied by Standard Illinois Certifications in a form prescribed by each Chief Procurement Officer. (e) Cumulative small purchases. Cumulative small purchases under $1,000 made in a previously non-contemplated manner by the same or separate individuals or departments within an agency or university that exceed the small purchase threshold do not constitute stringing and are allowable under this Code. (Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23 (See Section 99-999 of P.A. 102-1115 for effective date of P.A. 102-1115); 102-1119, eff. 1-23-23; 103-865, eff. 1-1-25.) |
(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements. (a) In accordance with
standards set by rule,
contracts may be awarded without use of the specified
method of source selection when
there is only one economically feasible source for the item. A State contract may be awarded as a sole source contract unless an interested party submits a written request for a public hearing at which the chief procurement officer and purchasing agency present written justification for the procurement method. Any interested party may present testimony. A sole source contract where a hearing was requested by an interested party may be awarded after the hearing is conducted with the approval of the chief procurement officer. (b) This Section may not be used as a basis for amending a contract for professional or artistic services if the amendment would result in an increase in the amount paid under the contract of more than 5% of the initial award, or would extend the contract term beyond the time reasonably needed for a competitive procurement, not to exceed 2 months. (c) Notice of intent to enter into a sole source contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin at least 14 calendar days before the public hearing required in subsection (a). The notice shall include the sole source procurement justification form prescribed by the Board, a description of the item to be procured, the intended sole source contractor, and the date, time, and location of the public hearing. A copy of the notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer shall file a report with the General Assembly identifying each contract the officer sought under the sole source procurement method and providing the justification given for seeking sole source as the procurement method for each of those contracts. (Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22.)
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(30 ILCS 500/20-25.1) Sec. 20-25.1. Special expedited procurement. (a) The Chief Procurement Officer shall work with the Department of Healthcare and Family Services to identify an appropriate method of source selection that will result in an executed contract for the technology required by Section 5-30.12 of the Illinois Public Aid Code no later than August 1, 2019 in order to target implementation of the technology to be procured by January 1, 2020. The method of source selection may be sole source, emergency, or other expedited process. (b) Due to the negative impact on access to critical State health care services and the ability to draw federal match for services being reimbursed caused by issues with implementation of the Integrated Eligibility System by the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Innovation and Technology, the General Assembly finds that a threat to public health exists and to prevent or minimize serious disruption in critical State services that affect health, an emergency purchase of a vendor shall be made by the Department of Healthcare and Family Services to assess the Integrated Eligibility System for critical gaps and processing errors and to monitor the performance of the Integrated Eligibility System vendor under the terms of its contract. The emergency purchase shall not exceed 2 years. Notwithstanding any other provision of this Code, such emergency purchase shall extend without a hearing required by Section 20-30 until the integrated eligibility system is stabilized and performing according to the needs of the State to ensure continued access to health care for eligible individuals.
(Source: P.A. 101-209, eff. 8-5-19.) |
(30 ILCS 500/20-25.2) Sec. 20-25.2. Procurement of licensing software by the Department of Financial and Professional Regulation. (a) Notwithstanding any other provision of this Code or any law to the contrary, the Department of Financial and Professional Regulation shall identify a method of source selection that will make it possible to implement a software solution to support the Department's mandates to enforce the professional licensing Acts that it administers and rules adopted under those Acts. The source selection method identified by the Department is not limited to those otherwise set forth in this Code. The software solution selected by the Department shall electronically provide for the issuance of licenses, registrations, or certificates issued by the Department in accordance with the professional Acts and rules that it administers, shall provide for the electronic processing of license, registration, or certificate fees and fine payments, shall interface with third-party applications necessary for the fulfillment of licensing requirements, shall provide applicants and licensees, registrants, or certificate holders with online access to license, registration, or certificate status and history, and shall provide for oversight and enforcement of the professional Acts administered by the Department. (b) The method of source selection shall be by an expedited, competitive process approved by the Department's Chief Procurement Officer. All potential contractors shall be registered in the Illinois Procurement Gateway vendor portal prior to contract execution. (c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120, 20-155, 20-160, and 25-60 and Article 50 of this Code and any rules adopted under those Sections and Article, this Code does not apply to procurements required by this Section notwithstanding any other provision of this Code or any law to the contrary. (d) The contracts for the software solution shall be executed no later than 90 days after the effective date of this amendatory Act of the 103rd General Assembly. Implementation of the software solution shall begin no later than 90 days after the contract execution date. (e) The Department of Financial and Professional Regulation shall consult with the Department of Innovation and Technology to ensure the resulting contracts provide cybersecurity protection and are consistent with information technology standards as determined by the Department of Innovation and Technology. The term of the contracts shall not exceed 10 years. (f) The Department of Financial and Professional Regulation shall publish notice of each contract entered into under this Section in the Procurement Bulletin within 14 calendar days after the execution of the contract. The Department's Chief Procurement Officer shall prescribe the form and content of the notice. A copy of the contract shall be made available to the Department's Chief Procurement Officer immediately upon request. (g) This Section is inoperative one year after effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-568, eff. 12-8-23.) |
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing
agency may make emergency procurements without competitive sealed
bidding or prior notice
when there exists a threat to public health or public safety, or
when immediate expenditure is
necessary for repairs to State property in order to protect
against further loss of or damage to
State property, to prevent or minimize serious disruption in critical State
services that affect health, safety, or collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days with the approval of the chief procurement officer. Prior to execution of the extension, the chief procurement officer shall receive written justification for the extension. The duration of the extension shall be limited to the scope of the emergency. Emergency procurements shall be made
with as much competition
as is practicable under the circumstances, and agencies shall use best efforts to include contractors certified under the Business Enterprise Program in the agencies' emergency procurement process.
A written
description of the basis for the emergency and reasons for the
selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of the extension of an emergency contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 7 calendar days after the extension is executed. Notice shall include at least a description of the need for the emergency purchase and the contractor. A copy of this notice shall be included in the subsequent Procurement Bulletin. Before the next appropriate volume of the Illinois Procurement
Bulletin, the purchasing agency shall publish in the
Illinois Procurement Bulletin a copy of each written description
and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the
total cost is known at the time of publication, the estimate shall
be identified as an estimate and
published. When the actual total cost is determined, it shall
also be published in like manner
before the 10th day of the next succeeding month.
(c) Statements. A chief procurement officer making a procurement
under this Section shall file statements
with the Procurement Policy Board, the Commission on Equity and Inclusion, and the Auditor General within
10 calendar days
after the procurement setting
forth the amount expended, the name of the contractor involved,
and the conditions and
circumstances requiring the emergency procurement. When only an
estimate of the cost is
available within 10 calendar days after the procurement, the actual cost
shall be reported immediately
after it is determined. At the end of each fiscal quarter, the
Auditor General shall file with the
Legislative Audit Commission and the Governor a complete listing
of all emergency
procurements reported during that fiscal quarter. The Legislative
Audit Commission shall
review the emergency procurements so reported and, in its annual
reports, advise the General
Assembly of procurements that appear to constitute an abuse of
this Section.
(d) Quick purchases. The chief procurement officer may promulgate rules
extending the circumstances by which a purchasing agency may make purchases
under this Section, including but not limited to the procurement of items
available at a discount for a limited period of time.
(d-5) The chief procurement officer shall adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements. (e) The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
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(30 ILCS 500/20-35)
Sec. 20-35. Competitive selection procedures.
(a) Conditions for use. The services specified in Article
35
shall be procured in accordance with this Section,
except as authorized under Sections
20-25 and 20-30 of
this Article.
(b) Statement of qualifications. Respondents shall
submit statements of
qualifications and expressions of interest. The chief procurement officer
shall specify a uniform format for
statements of qualifications. Persons may amend these statements
at any time by filing a new
statement.
(c) Public announcement and form of request for proposals.
Public notice of the need
for the procurement shall be given in the form of a request for
proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the request for proposals for
the opening of proposals. The request for proposals shall
describe the services required, list the type of information and data required
of each respondent, and state the
relative importance of particular qualifications.
(d) Discussions. The purchasing agency may conduct
discussions with any respondent who
has submitted a response to determine the respondent's qualifications
for further consideration.
Discussions shall not disclose any information derived from
proposals submitted by other respondents.
(e) Award. Award shall be made to the respondent determined in
writing by the purchasing
agency to be best qualified based on the evaluation factors set
forth in the request for proposals
and negotiation of compensation determined to be fair and
reasonable.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/20-40)
Sec. 20-40. Cancellation of invitations for bids or
requests for proposals. An
invitation for bids, a request for proposals, or any other
solicitation may be cancelled without penalty, or any
and all bids, offers, proposals, or any other solicitation may be rejected in whole or in part as
may be specified in the
solicitation, when it is in the best interests of the State in
accordance with rules.
The reasons for cancellation or rejection shall be
made part of the contract file.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/20-43) Sec. 20-43. Bidder or offeror authorized to transact business or conduct affairs in Illinois. In addition to meeting any other requirement of law or rule, a person (other than an individual acting as a sole proprietor) may qualify as a bidder or offeror under this Code only if the person is a legal entity prior to submitting the bid, offer, or proposal. The legal entity must be authorized to transact business or conduct affairs in Illinois prior to execution of the contract. This Section shall not apply to construction contracts that are subject to the requirements of Sections 30-20 and 33-10 of this Code. The pre-qualification requirements of Sections 30-20 and 33-10 of this Code shall include the requirement that the bidder be registered with the Secretary of State.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/20-45)
Sec. 20-45.
Prequalification of suppliers.
The chief procurement officer
shall promulgate rules for the
development of prequalified supplier lists for appropriate
categories of purchases and the annual
updating of those lists.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent
standards that are promulgated by the chief procurement officer and reviewed by
the
Board and the Joint Committee on Administrative Rules. Those standards shall
include
a prohibition against the use
of brand-name only products, except for products intended for retail sale or as
specified by rule. All specifications
shall seek to promote overall
economy for the purposes intended and encourage competition in
satisfying the State's needs
and shall not be unduly restrictive.
A solicitation or specification for a contract or a contract, including but not limited to of a college, university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require, stipulate,
suggest, or encourage a monetary or other financial contribution or donation, cash bonus or incentive, economic investment, or other prohibited conduct as
an explicit or implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also may not include
a requirement that an individual or individuals employed by
such
a college,
university, or institution receive a consulting
contract for professional services.
As used in this Section, "prohibited conduct" includes requested payments or other consideration by a third party to the university or State agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation. "Prohibited conduct" does not include a payment from the vendor that is supported by additional consideration (such as exclusive rights to sell items or rights to advertise), other than the consideration of the State's awarding a contract to purchase of goods and services. (Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/20-55)
Sec. 20-55.
Types of contracts.
Subject to the
limitations of this Section and unless
otherwise authorized by law, any type of contract that will
promote the best interests of the State
may be used, except that cost-plus-a-percentage-of-cost contracts
are prohibited. A
cost-reimbursement contract may be used only when a determination
is made in writing that a
cost-reimbursement contract is likely to be less costly to the
State than any other type or that it
is impracticable to obtain the item required except under that
type of contract. The general form
of contracts shall be determined by the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-57) Sec. 20-57. Software licensing contracts. A contract entered into by a public agency for the licensing of software applications designed to run on generally available desktop or server hardware may not limit the public agency's ability to install or run the software on any of the public agency's hardware.
(Source: P.A. 103-570, eff. 1-1-24.) |
(30 ILCS 500/20-60) (Text of Section from P.A. 103-570) Sec. 20-60. Duration of contracts. (a) Maximum duration. A contract may be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals; provided, however, in connection with the issuance of certificates of participation or bonds, the governing board of a public institution of higher education may enter into contracts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal property. Third parties may lease State-owned dark fiber networks for any period of time deemed to be in the best interest of the State, but not exceeding 20 years. The length of a lease for real property or capital improvements shall be in accordance with the provisions of Section 40-25. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding. (b) Subject to appropriation. All contracts made or entered into shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the contract. (c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Commission on Equity and Inclusion prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the proposed extension or renewal within 14 calendar days and require a hearing before the Board or the Commission on Equity and Inclusion prior to entering into the extension or renewal. If the Procurement Policy Board or the Commission on Equity and Inclusion does not object within 14 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board or the Commission on Equity and Inclusion prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall each file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed and whether such extensions and renewals were objected to and (ii) the contracts exempt from this subsection. (d) Notwithstanding the provisions of subsection (a) of this Section, the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. The Department of Innovation and Technology may lease dark fiber networks from third parties only for the primary purpose of providing services (i) to the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined in Section 7 of the Illinois Century Network Act. Dark fiber network lease contracts shall be subject to all other provisions of this Code and any applicable rules or requirements, including, but not limited to, publication of lease solicitations, use of standard State contracting terms and conditions, and approval of vendor certifications and financial disclosures. (e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third party that the third party is leasing for use as network infrastructure. (f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless the State agency or public institution of higher education has determined that the vendor made good faith efforts toward meeting the contract goals. If the State agency or public institution of higher education determines that the vendor made good faith efforts, the agency or public institution of higher education may issue a waiver after concurrence by the chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to execute the renewal. The form and content of the waiver shall be prescribed by each chief procurement officer, but shall not impair a State agency or public institution of higher education determination to execute the renewal. The chief procurement officer shall post the completed form on his or her official website within 5 business days after receipt from the State agency or public institution of higher education. The chief procurement officer shall maintain on his or her official website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. The database shall be updated periodically and shall be searchable by contractor name and by contracting State agency or public institution of higher education. (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.) (Text of Section from P.A. 103-865, Article 2, Section 2-5) Sec. 20-60. Duration of contracts. (a) Maximum duration. A contract may be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals; provided, however, in connection with the issuance of certificates of participation or bonds, the governing board of a public institution of higher education may enter into contracts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal property. Third parties may lease State-owned dark fiber networks for any period of time deemed to be in the best interest of the State, but not exceeding 20 years. The length of a lease for real property or capital improvements shall be in accordance with the provisions of Section 40-25. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding. Contracts may be entered into that extend beyond the active term of the award, so long as the contract was entered into prior to the award expiration date and does not exceed 10 years. (b) Subject to appropriation. All contracts made or entered into shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the contract. (c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Commission on Equity and Inclusion prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the proposed extension or renewal within 14 calendar days and require a hearing before the Board or the Commission on Equity and Inclusion prior to entering into the extension or renewal. If the Procurement Policy Board or the Commission on Equity and Inclusion does not object within 14 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board or the Commission on Equity and Inclusion prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall each file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed and whether such extensions and renewals were objected to and (ii) the contracts exempt from this subsection. (d) Notwithstanding the provisions of subsection (a) of this Section, the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. The Department of Innovation and Technology may lease dark fiber networks from third parties only for the primary purpose of providing services (i) to the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined in Section 7 of the Illinois Century Network Act. Dark fiber network lease contracts shall be subject to all other provisions of this Code and any applicable rules or requirements, including, but not limited to, publication of lease solicitations, use of standard State contracting terms and conditions, and approval of vendor certifications and financial disclosures. (e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third party that the third party is leasing for use as network infrastructure. (f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless the State agency or public institution of higher education has determined that the vendor made good faith efforts toward meeting the contract goals. If the State agency or public institution of higher education determines that the vendor made good faith efforts, the agency or public institution of higher education may issue a waiver after concurrence by the chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to execute the renewal. The form and content of the waiver shall be prescribed by each chief procurement officer, but shall not impair a State agency or public institution of higher education determination to execute the renewal. The chief procurement officer shall post the completed form on his or her official website within 5 business days after receipt from the State agency or public institution of higher education. The chief procurement officer shall maintain on his or her official website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. The database shall be updated periodically and shall be searchable by contractor name and by contracting State agency or public institution of higher education. (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; 103-865, Article 2, Section 2-5, eff. 1-1-25.) (Text of Section from P.A. 103-865, Article 5, Section 5-5) Sec. 20-60. Duration of contracts. (a) Maximum duration. A contract may be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals; provided, however, in connection with the issuance of certificates of participation or bonds, the governing board of a public institution of higher education may enter into contracts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal property. Third parties may lease State-owned communications infrastructure, including dark fiber networks, conduit, and excess communication tower capacity, for any period of time deemed to be in the best interest of the State, but not exceeding 20 years. The length of a lease for real property or capital improvements shall be in accordance with the provisions of Section 40-25. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding. (b) Subject to appropriation. All contracts made or entered into shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the contract. (c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Commission on Equity and Inclusion prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the proposed extension or renewal within 14 calendar days and require a hearing before the Board or the Commission on Equity and Inclusion prior to entering into the extension or renewal. If the Procurement Policy Board or the Commission on Equity and Inclusion does not object within 14 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board or the Commission on Equity and Inclusion prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall each file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed and whether such extensions and renewals were objected to and (ii) the contracts exempt from this subsection. (d) Notwithstanding the provisions of subsection (a) of this Section, the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. The Department of Innovation and Technology may lease dark fiber networks from third parties only for the primary purpose of providing services (i) to the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined in Section 7 of the Illinois Century Network Act. Dark fiber network lease contracts shall be subject to all other provisions of this Code and any applicable rules or requirements, including, but not limited to, publication of lease solicitations, use of standard State contracting terms and conditions, and approval of vendor certifications and financial disclosures. (e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third party that the third party is leasing for use as network infrastructure. (f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless the State agency or public institution of higher education has determined that the vendor made good faith efforts toward meeting the contract goals. If the State agency or public institution of higher education determines that the vendor made good faith efforts, the agency or public institution of higher education may issue a waiver after concurrence by the chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to execute the renewal. The form and content of the waiver shall be prescribed by each chief procurement officer, but shall not impair a State agency or public institution of higher education determination to execute the renewal. The chief procurement officer shall post the completed form on his or her official website within 5 business days after receipt from the State agency or public institution of higher education. The chief procurement officer shall maintain on his or her official website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. The database shall be updated periodically and shall be searchable by contractor name and by contracting State agency or public institution of higher education. (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; 103-865, Article 5, Section 5-5, eff. 1-1-25.) |
(30 ILCS 500/20-65)
Sec. 20-65. Right to audit records.
(a) Maintenance of books and records. Every contract and
subcontract shall require the
contractor or subcontractor, as applicable, to maintain books and
records relating to the
performance of the contract or subcontract and necessary to
support amounts charged to the State
under the contract or subcontract. The books and records shall be
maintained by the contractor
for a period of 3 years from the later of the date of final
payment under the contract or
completion of the contract and by the subcontractor for a period
of 3 years from the later of the
date of final payment under the subcontract or completion of the
subcontract. However, the 3-year
period shall be extended for the duration of any audit in
progress at the time of that
period's expiration.
(b) Audit. Every contract and subcontract shall provide
that all books and records
required to be maintained under subsection (a) shall be
available for review and audit by
the Auditor General, chief procurement officer, internal auditor, and the purchasing agency. Every contract
and subcontract shall require
the contractor and subcontractor, as applicable, to cooperate
fully with any audit.
(c) Failure
to maintain books and records. Failure to maintain the
books and records required by
this Section shall establish a presumption in favor of the State
for the recovery of any funds paid
by the State for which required books and records are not
available.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/20-70)
Sec. 20-70. Finality of determinations. Except as otherwise provided in this Code, determinations
made by a chief procurement officer, State purchasing officer, or a purchasing agency
under this Code are final and conclusive unless they are clearly
erroneous, arbitrary, capricious,
or contrary to law.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/20-75)
Sec. 20-75. Disputes and protests. The chief procurement officers shall
by rule establish procedures to
be followed in resolving protested
solicitations and awards and contract
controversies, for debarment or suspension of contractors, and for
resolving other procurement-related disputes. At a minimum, the established procedures must include the requirement that the chief procurement officer resolve the protest by means of a written determination within 30 days of receiving all relevant requested information, unless an action concerning the protest has commenced in a court or administrative body, in which case, the chief procurement officer may defer resolution of the protest pending the judicial or administrative proceeding.
(Source: P.A. 102-721, eff. 1-1-23.)
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(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.) |
(30 ILCS 500/20-85)
Sec. 20-85.
Federal requirements.
A State agency receiving federal-aid
funds, grants, or loans shall have authority to adopt its procedures, rules,
project statements, drawings, maps, surveys, plans, specifications, contract
terms, estimates, bid forms, bond forms, and other documents or practices to
comply with the regulations, policies, and procedures of the designated
authority, administration, or department of the United States, in order to
remain eligible for such federal-aid funds, grants, or loans.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-90)
Sec. 20-90.
Foreign country procurements.
Procurements to meet the needs
of State offices located in foreign countries shall comply with the provisions
of this Code to the extent practical.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-95)
Sec. 20-95. Donations. Nothing in this Code or in the rules promulgated
under this Code shall prevent any State agency from complying with the terms
and conditions of any grant, gift, or bequest that calls for the procurement of
a particular good or service or the use of a particular vendor, provided
that the grant, gift, or bequest provides majority funding for the contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/20-105)
Sec. 20-105. State agency printing. All books, pamphlets, documents, and
reports published through or by
the State of Illinois or any State agency, board, or commission
shall have printed thereon
"Printed by authority of the State of Illinois", the date of each
publication, the number of copies
printed, and the printing order number. Each using agency shall be
responsible for ascertaining
the compliance of printing materials procured by or for it with
this Section. No printing or
reproduction contract shall be let and no printing or
reproduction shall be accomplished when
that wording does not appear on the material to be printed or
reproduced. No publication
may have written, stamped, or printed on it, or attached to it,
"Compliments of ........
(naming a person)" or any words of similar import.
This Section does not apply to the printing by a public institution of higher education of material not paid for in any portion from funds appropriated by the General Assembly, printing that is performed by a university unit, or printing that is performed in conjunction with contracts referenced in subsection (b)(1) of Section 1-10.
(Source: P.A. 95-75, eff. 8-13-07.)
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(30 ILCS 500/20-110)
Sec. 20-110.
Printing cost offsets.
The chief procurement officer may
promulgate rules permitting the exchange of advertising rights in or receipt of
free copies of printed products procured under this Article as a means of
reducing printing costs. The rules shall specify the appropriate method of
source selection to be used to competitively acquire printing cost offsets.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-120) Sec. 20-120. Subcontractors. (a) Any contract granted under this Code shall state whether the services of a subcontractor will be used. The contract shall include the names and addresses of all known subcontractors with subcontracts with an annual value that exceeds the small purchase maximum established by Section 20-20 of this Code, the general type of work to be performed by these subcontractors, and the expected amount of money each will receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made. A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential. If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information. If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information. Redacted information shall not become part of the public record. (b) If at any time during the term of a contract, a contractor adds or changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer, State purchasing officer, or their designee of the names and addresses of each new or replaced subcontractor and the general type of work to be performed. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of any new or amended subcontract so identified within 15 calendar days after the request is made. (c) In addition to any other requirements of this Code, a subcontract subject to this Section must include all of the subcontractor's certifications required by Article 50 of the Code. (d) This Section applies to procurements solicited on or after the effective date of this amendatory Act of the 96th General Assembly.
The changes made to this Section by this amendatory Act of the 97th General Assembly apply to procurements solicited on or after the effective date of this amendatory Act of the 97th General Assembly. (Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/20-150)
Sec. 20-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/20-155) Sec. 20-155. Solicitation and contract documents. (a) Each chief procurement officer appointed pursuant to Section 10-20 shall have the sole authority in their respective jurisdiction to develop and distribute uniform documents for the solicitation, review, and acceptance of all bids, offers, and responses and the award of contracts pursuant to this Code. If a chief procurement officer appointed pursuant to Section 10-20 exercises the authority to develop and distribute uniform documents for the solicitation, review and acceptance of all bids, offers and responses and the award of contracts, then the State agency shall use the uniform documents. (b) After award of a contract and subject to provisions of the Freedom of Information Act, the procuring agency shall make available for public inspection and copying all pre-award, post-award, administration, and close-out documents relating to that particular contract.
(c) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score sheets and all other documentation related to or prepared in conjunction with evaluation, negotiation, and the award process. The procurement file shall contain a written determination, signed by the chief procurement officer or State purchasing officer, setting forth the reasoning for the contract award decision. The procurement file shall not include trade secrets or other competitively sensitive, confidential, or proprietary information. The procurement file shall be open to public inspection within 7 calendar days following award of the contract. (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.) |
(30 ILCS 500/20-160) Sec. 20-160. Business entities; certification; registration with the State Board of Elections. (a) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", and "affiliated person" have the meanings ascribed to those terms in Section 50-37. (b) Every bid and offer submitted to and every contract executed by the State on or after January 1, 2009 (the effective date of Public Act 95-971) and every submission to a vendor portal shall contain (1) a certification by the bidder, offeror, vendor, or contractor that either (i) the bidder, offeror, vendor, or contractor is not required to register as a business entity with the State Board of Elections pursuant to this Section or (ii) the bidder, offeror, vendor, or contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration and (2) a statement that the contract is voidable under Section 50-60 for the bidder's, offeror's, vendor's, or contractor's failure to comply with this Section. (c) Each business entity (i) whose aggregate pending bids and proposals on State contracts total more than $50,000, (ii) whose aggregate pending bids and proposals on State contracts combined with the business entity's aggregate total value of State contracts exceed $50,000, or (iii) whose contracts with State agencies, in the aggregate, total more than $50,000 shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code. A business entity required to register under this subsection due to item (i) or (ii) has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded; any change in information must be reported to the State Board of Elections 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier. A business entity required to register under this subsection due to item (iii) has a continuing duty to ensure that the registration is accurate in accordance with subsection (e). (d) Any business entity, not required under subsection (c) to register, whose aggregate pending bids and proposals on State contracts total more than $50,000, or whose aggregate pending bids and proposals on State contracts combined with the business entity's aggregate total value of State contracts exceed $50,000, shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code prior to submitting to a State agency the bid or proposal whose value causes the business entity to fall within the monetary description of this subsection. A business entity required to register under this subsection has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded. Any change in information must be reported to the State Board of Elections within 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier. (e) A business entity whose contracts with State agencies, in the aggregate, total more than $50,000 must maintain its registration under this Section and has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer. A business entity, required to register under this subsection, has a continuing duty to report any changes on a quarterly basis to the State Board of Elections within 14 calendar days following the last day of January, April, July, and October of each year. Any update pursuant to this paragraph that is received beyond that date is presumed late and the civil penalty authorized by subsection (e) of Section 9-35 of the Election Code may be assessed. Also, if a business entity required to register under this subsection has a pending bid or offer, any change in information shall be reported to the State Board of Elections within 7 calendar days following such change or no later than a day before the contract is awarded, whichever date is earlier. (f) A business entity's continuing duty under this Section to ensure the accuracy of its registration includes the requirement that the business entity notify the State Board of Elections of any change in information, including, but not limited to, changes of affiliated entities or affiliated persons. (g) For any bid or offer for a contract with a State agency by a business entity required to register under this Section, the chief procurement officer shall verify that the business entity is required to register under this Section and is in compliance with the registration requirements on the date the bid or offer is due. A chief procurement officer shall not accept a bid or offer if the business entity is not in compliance with the registration requirements as of the date bids or offers are due. Upon discovery of noncompliance with this Section, if the bidder or offeror made a good faith effort to comply with registration efforts prior to the date the bid or offer is due, a chief procurement officer may provide the bidder or offeror 5 business days to achieve compliance. A chief procurement officer may extend the time to prove compliance by as long as necessary in the event that there is a failure within the State Board of Elections' registration system. (h) A registration, and any changes to a registration, must include the business entity's verification of accuracy and subjects the business entity to the penalties of the laws of this State for perjury. In addition to any penalty under Section 9-35 of the Election Code, intentional, willful, or material failure to disclose information required for registration shall render the contract, bid, offer, or other procurement relationship voidable by the chief procurement officer if he or she deems it to be in the best interest of the State of Illinois. (i) This Section applies regardless of the method of source selection used in awarding the contract.(Source: P.A. 103-570, eff. 1-1-24.) |
(30 ILCS 500/20-165) Sec. 20-165. Compliance with Transportation Sustainability Procurement Program Act. When procuring freight, small package delivery, and other forms of cargo shipping and transportation services, appropriate weight shall be given to the requirements of the Transportation Sustainability Procurement Program Act.
(Source: P.A. 98-348, eff. 8-14-13.) |
(30 ILCS 500/20-170) Sec. 20-170. Quincy Veterans' Home rehabilitation and rebuilding contracts. Notwithstanding any provision of law to the contrary, any contract for procurements entered into under the Quincy Veterans' Home Rehabilitation and Rebuilding Act and executed prior to the repeal of that Act shall continue in full force and effect after the repeal of that Act and until as otherwise dictated by the terms of the contract.
(Source: P.A. 102-35, eff. 6-25-21.) |
(30 ILCS 500/20-180) (This Section may contain text from a Public Act with a delayed effective date) Sec. 20-180. Electronic procurement systems. Nothing in this Code prohibits State agencies from accepting bids or proposals for competitive solicitations submitted solely via an electronic procurement system as long as the electronic system integrates with that portfolio's procurement bulletin and all other provisions of this Code are met. A State agency may not adopt a rule that prohibits a State agency from accepting bids or proposals for competitive solicitations submitted solely via an electronic procurement system as long as the electronic procurement system integrates with that portfolio's procurement bulletin and all other provisions of this Code are met.(Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/Art. 25 heading) ARTICLE 25
SUPPLIES AND SERVICES (EXCLUDING
PROFESSIONAL OR ARTISTIC)
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(30 ILCS 500/25-5)
Sec. 25-5.
Applicability.
All contracts for supplies and
services, excluding professional or artistic services, shall be procured
in accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/25-10)
Sec. 25-10.
Authority.
State purchasing officers shall
have the authority to procure
supplies and services, except as that authority may be limited by
the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/25-15)
Sec. 25-15.
Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsection (b) and Sections 20-20,
20-25, and 20-30,
all State
contracts for supplies and services shall be awarded by
competitive sealed bidding in accordance with
Section 20-10.
(b) Other methods. The chief procurement officer may establish by rule
(i) categories of purchases, including non-governmental joint purchases, that
may
be made without competitive sealed bidding and (ii) the most
competitive alternate method of source
selection that shall be used for each category of purchase.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/25-30)
Sec. 25-30.
More favorable terms.
A supply or service
contract may include, if
determined by a State purchasing officer to be in the best
interests of the State, a clause
requiring that if more favorable terms are granted by the
contractor to any similar state or local
governmental agency in any state in a contemporaneous agreement
let under the same or similar
financial terms and circumstances for comparable supplies or
services, the more favorable terms
shall be applicable under the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/25-35)
Sec. 25-35. Purchase of coal and postage stamps.
(a) Delivery of necessary supplies. To avoid interruption
or impediment of delivery
of necessary supplies, commodities, and coal, State purchasing
officers may approve a State agency's purchases of
or contracts for supplies and commodities after April 30 of a
fiscal year when delivery of the
supplies and commodities is to be made after June 30 of that
fiscal year and payment for which
is to be made from appropriations for the next fiscal year.
(b) Postage. All postage stamps purchased from State funds
must be perforated for
identification purposes. A General Assembly member may furnish
the U.S. Post Office with
a warrant so as to allow for the creation or continuation of a
bulk rate mailing fund in the name
of the General Assembly member or may furnish a postage meter
company or post office with
a warrant so as to facilitate the purchase of a postage meter and
its stamps. Any postage meter
so purchased must also contain a stamp that shall state
"Official State Mail".
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/25-45)
Sec. 25-45. Energy conservation program contracts; energy savings contracts or leases. (a) For the purposes of this Section, an "energy savings contract or lease" means a contract or lease for an improvement, repair, alteration, betterment, equipment, fixture, or furnishing that is designed to reduce energy consumption or operating costs, and that includes an agreement that payments, except obligations on termination of the contract or lease before its expiration, shall be made over time and that savings are guaranteed to the extent practicable to pay for the cost of the improvement, repair, alteration, betterment, equipment, fixture, or furnishing. (b) State
purchasing officers may enter into
energy conservation program contracts or energy savings contracts or leases that provide for utility
cost savings. Notwithstanding any other law to the contrary, energy savings contracts or leases may include an alternative financing or lease to purchase option. (c) Energy conservation program contracts or energy savings contracts and leases may entered into for a period of time deemed to be in the best interest of the State but not exceeding 15 years inclusive of proposed contract or lease renewals. (d) The chief procurement officer shall
promulgate and adopt rules for the implementation of this Section.
(Source: P.A. 100-23, eff. 7-6-17.)
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(30 ILCS 500/25-47) Sec. 25-47. Renewable energy resources contracts or leases. State purchasing officers or a State agency may enter into renewable energy resources contracts and leases for a period of time deemed to be in the best interest of the State, but not exceeding 25 years inclusive of proposed contract or lease renewals. For the purposes of this Section, "renewable energy resources" has the meaning ascribed to that term in Section 1-10 of the Illinois
Power Agency Act.
(Source: P.A. 101-193, eff. 8-2-19.) |
(30 ILCS 500/25-55)
Sec. 25-55. Annual reports. Every printed annual report
produced by a State agency
shall bear a statement indicating whether it was printed by the
State of Illinois or by contract
and indicating the printing cost per copy and the number of copies
printed.
(Source: P.A. 103-363, eff. 7-28-23.)
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(30 ILCS 500/25-60)
Sec. 25-60. Prevailing wage requirements.
(a) All services furnished
under service contracts of $2,000 or more or $200 or more per month and under
printing contracts shall be
subject to the following prevailing wage requirements:
(1) Not less than the general prevailing wage rate of | ||
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(2) Whenever a collective bargaining agreement is in | ||
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(b) As used in this Section, "services" means janitorial cleaning services,
window cleaning services, building and grounds services, site technician
services, natural resources services, food services, and security services.
"Printing"
means and includes all processes and operations involved in printing, including
but not limited to letterpress, offset, and gravure processes, the multilith
method, photographic or other duplicating process, the operations of
composition, platemaking, presswork, and binding, and the end products of those
processes, methods, and operations. As used in this Code "printing" does not
include photocopiers used in the course of normal business activities,
photographic equipment used for geographic mapping, or printed matter that is
commonly available to the general public from contractor inventory.
(c) The terms "general prevailing rate of hourly wages", "general prevailing
rate of wages", or "prevailing rate of wages" when used in this Section mean
the hourly cash wages plus fringe benefits for health and welfare, insurance,
vacations, and pensions paid generally, in the locality in which the work is
being performed, to employees engaged in work of a similar character.
(d) "Locality" shall have the meaning established by rule.
(e) This Section does not apply to services furnished under contracts for
professional or artistic services.
(f) This Section does not apply to vocational programs of training for
persons with physical or mental disabilities or to sheltered workshops for persons with severe disabilities.
(Source: P.A. 98-1076, eff. 1-1-15; 99-143, eff. 7-27-15.)
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(30 ILCS 500/25-65) Sec. 25-65. Contracts performed outside the United States.
Prior to contracting or as a requirement of solicitation of any State contracts for services as defined in Section 1-15.90, whichever is appropriate, potential contractors shall disclose in a statement of work where services will be performed under that contract, including any subcontracts, and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States. In awarding the contract or evaluating the bid or offer, the chief procurement officer may consider such disclosure and the economic impact to the State of Illinois and its residents.
If the chief procurement officer awards a contract to a vendor based upon disclosure that work will be performed in the United States and during the term of the contract the contractor or a subcontractor proceeds to shift work outside of the United States, the contractor shall be deemed in breach of contract, unless the chief procurement officer shall have first determined in writing that circumstances require the shift of work or that termination of the contract would not be in the State's best interest.
Nothing in this Section is intended to contravene any existing treaty, law, agreement, or regulation of the United States.
The chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 shall prepare and deliver to the General Assembly, no later than September 1, 2015, a report on the impact of outsourcing services for State agencies subject to the jurisdiction of the chief procurement officer. The report shall include the State's cost of procurement and shall identify those contracts where it was disclosed that services were provided outside of the United States, including a description and value of those services. Each State agency subject to the jurisdiction of the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 must provide the chief procurement officer the information necessary to comply with this Section on or before June 1, 2015. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report in the manner provided by Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/25-70) Sec. 25-70. Electronic mail service; spam free. Electronic mail service providers that provide electronic mail service under State contracts awarded on or after the effective date of this amendatory Act of the 94th General Assembly must take measures reasonably designed to provide a service that is free of unsolicited electronic mail advertisements (sometimes known as "spam"). The electronic mail service provider is responsible for using software filters or other means to accomplish the requirements of this Section. In this Section, the terms "electronic mail service provider" and "unsolicited electronic mail advertisement" have the same meanings as those terms are defined in the Electronic Mail Act (815 ILCS 511/).
(Source: P.A. 94-413, eff. 1-1-06.) |
(30 ILCS 500/25-75) Sec. 25-75. Purchase of motor vehicles. (a) Beginning on the effective date of this amendatory Act of the 94th General Assembly, all gasoline-powered vehicles purchased from State funds must be flexible fuel vehicles. Beginning July 1, 2007, all gasoline-powered vehicles purchased from State funds must be flexible fuel or fuel efficient hybrid vehicles. For purposes of this Section, "flexible fuel vehicles" are automobiles or light trucks that operate on either gasoline or E-85 (85% ethanol, 15% gasoline) fuel and "Fuel efficient hybrid vehicles" are automobiles or light trucks that use a gasoline or diesel engine and an electric motor to provide power and gain at least a 20% increase in combined US-EPA city-highway fuel economy over the equivalent or most-similar conventionally-powered model. (b) On and after the effective date of this amendatory Act of the 94th General Assembly, any vehicle purchased from State funds that is fueled by diesel fuel shall be certified by the manufacturer to run on 5% biodiesel (B5) fuel. (b-5) On and after January 1, 2016, 15% of passenger vehicles, other than Department of Corrections vehicles, Secretary of State vehicles (except for mid-sized sedans), and Illinois State Police patrol vehicles, purchased with State funds shall be vehicles fueled by electricity, electricity and gasohol (hybrids or plug-in hybrids), compressed natural gas, liquid petroleum gas, or liquid natural gas, including dedicated or non-dedicated fuel type vehicles. (c) The Chief Procurement Officer may determine that certain vehicle procurements are exempt from this Section based on intended use or other reasonable considerations such as health and safety of Illinois citizens.
(Source: P.A. 102-538, eff. 8-20-21.) |
(30 ILCS 500/25-80) Sec. 25-80. Successor contractor. All service contracts shall include a clause requiring the bidder or offeror, in order to be considered a responsible bidder or offeror for the purposes of this Code, to certify to the purchasing agency (i) that it shall offer to assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer, and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed by the successor vendor.
This Section does not apply to heating and air conditioning service contracts, plumbing service contracts, and electrical service contracts.(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/25-85) Sec. 25-85. (Repealed).
(Source: P.A. 100-43, eff. 8-9-17. Repealed internally, eff. 1-1-21.) |
(30 ILCS 500/25-90) Sec. 25-90. Prohibited and authorized cybersecurity products. State agencies are prohibited from purchasing any products that, due to cybersecurity risks, are prohibited for purchase by federal agencies pursuant to a United States Department of Homeland Security Binding Operational Directive. However, a State agency or public institution of higher education may purchase those offerings that are included in the Authorized Product List maintained by StateRAMP and that have been verified by StateRAMP as having an authorized security status.
(Source: P.A. 102-753, eff. 1-1-23; 102-1119, eff. 1-23-23.) |
(30 ILCS 500/25-200)
Sec. 25-200. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/25-205) Sec. 25-205. Procurement of health benefits for Medicare-primary members and their dependents. The Department of Central Management Services, in consultation with and subject to the approval of the Chief Procurement Officer, shall contract or make otherwise available a program of group health benefits for Medicare-primary members and their Medicare-primary dependents. The Director may procure a single contract or multiple contracts that provide a program of group health benefits that is comparable in stability and continuity of coverage, care, and services to the program of health benefits offered to other members and their dependents under the State Employees Group Insurance Act of 1971. The Department of Central Management Services shall provide administrative support and provide consultation to assist with the procurement. The initial procurement is not subject to the provisions of this Code, except for Sections 20-60, 20-65, 20-70, and 20-160, and Article 50, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50.
(Source: P.A. 98-19, eff. 6-10-13.) |
(30 ILCS 500/Art. 30 heading) ARTICLE 30
CONSTRUCTION AND
CONSTRUCTION-RELATED
PROFESSIONAL SERVICES
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(30 ILCS 500/30-5)
Sec. 30-5.
Applicability.
Construction and
construction-related professional services
shall be procured in accordance with this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-10)
Sec. 30-10.
Authority.
Construction agencies shall have
the authority to procure
construction and construction-related professional services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-15)
Sec. 30-15.
Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsections (b), (c), and (d)
and Sections 20-20, 20-25,
and 20-30,
all State construction contracts shall be procured by
competitive sealed bidding
in accordance with Section 20-10.
(b) Other methods. The Capital Development Board shall establish by rule
construction purchases that may
be made without competitive sealed bidding and the most
competitive alternate method of
source selection that shall be used.
(c) Construction-related professional services. All
construction-related professional
services contracts shall be awarded in accordance with the
provisions of the Architectural,
Engineering, and Land Surveying Qualifications Based Selection Act.
"Professional services"
means those services within the scope of the practice of
architecture, professional engineering,
structural engineering, or registered land surveying, as defined
by the laws of this State.
(d) Correctional facilities. Remodeling and rehabilitation
projects at
correctional facilities under $25,000 funded from the General Revenue Fund
are exempt from the
provisions of this Article. The Department of Corrections may
use inmate labor for
the remodeling or rehabilitation of correctional facilities on
those projects under $25,000 funded
from the General Revenue Fund.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-17) (This Section may contain text from a Public Act with a delayed effective date) Sec. 30-17. Job order contracting. (a) In this Section: "Indefinite quantity contract" means a contract for an indefinite quantity of services for a fixed time or for a job order contract. "Job order contracting" means an indefinite quantity contract pursuant to which a contractor may perform an ongoing series of individual tasks at different facilities, locations, and sites under the jurisdiction of a State construction agency. (b) Construction agencies may procure construction contracts via job order contracting through the use of competitive sealed bidding in accordance with Section 30-15.(Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/30-20)
Sec. 30-20. Prequalification. (a) The Capital Development Board shall
promulgate rules for the development
of prequalified supplier lists for construction and
construction-related professional services and
the periodic updating of those lists. Construction and
construction-related professional
services contracts over $25,000 may be awarded to any
qualified suppliers.
(b) The Illinois Power Agency shall promulgate rules for the development of prequalified supplier lists for construction and construction-related professional services and the periodic updating of those lists. Construction and construction related professional services contracts over $25,000 may be awarded to any qualified suppliers, pursuant to a competitive bidding process.
(Source: P.A. 95-481, eff. 8-28-07.)
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(30 ILCS 500/30-22)
Sec. 30-22. Construction contracts; responsible bidder requirements. To
be
considered a responsible bidder on a construction contract for purposes of this
Code, a
bidder must comply with all of the following requirements and must present
satisfactory
evidence of that compliance to the appropriate construction agency:
(1) The bidder must comply with all applicable laws | ||
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(2) The bidder must comply with all applicable | ||
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(3) The bidder must comply with Subchapter VI ("Equal | ||
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(4) The bidder must have a valid Federal Employer | ||
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(5) The bidder must have a valid certificate of | ||
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(6) The bidder and all bidder's subcontractors must | ||
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(7) For contracts with the Illinois Power Agency, the | ||
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(8) The bidder must certify that the bidder will | ||
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The provisions of this Section shall not apply to federally funded
construction projects if such application would jeopardize the receipt or use
of federal funds in support of such a project.
(Source: P.A. 97-369, eff. 8-15-11; 98-1076, eff. 1-1-15.) |
(30 ILCS 500/30-25)
Sec. 30-25. Retention of a percentage of contract price.
Whenever any contract
entered into by a construction agency for the repair, remodeling,
renovation, or construction of
a building or structure, for the construction or maintenance of
a highway, as those terms are
defined in Article 2 of the Illinois Highway Code, for the construction or maintenance of facilities as that term is defined under Section 1-10 of the Illinois Power Agency Act, or for the
reclamation of abandoned lands as
those terms are defined in Article I of the Abandoned Mined Lands
and Water Reclamation Act
provides for the retention of a percentage of the contract price
until final completion and
acceptance of the work, upon the request of the contractor and
with the approval of the
construction agency the amount so retained may be deposited under
a trust agreement with an
Illinois bank or financial institution of the contractor's choice and subject
to the
approval of the construction agency.
The contractor shall receive any interest on the deposited amount.
Upon application by the
contractor, the trust agreement must contain, at a minimum, the
following provisions:
(1) the amount to be deposited subject to the trust;
(2) the terms and conditions of payment in case of | ||
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(3) the termination of the trust agreement upon | ||
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(4) the contractor shall be responsible for obtaining | ||
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The trust agreement may, at the discretion of the
construction agency and upon request
of the contractor, become effective at the time of the first
partial payment in accordance with
existing statutes and rules.
(Source: P.A. 95-481, eff. 8-28-07.)
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(30 ILCS 500/30-30) Sec. 30-30. Design-bid-build construction. (a) Except as provided in subsection (a-5), for building construction contracts in excess of $250,000, separate specifications may be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed: (1) plumbing; (2) heating, piping, refrigeration, and automatic | ||
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(3) ventilating and distribution systems for | ||
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(4) electric wiring; and (5) general contract work. Except as provided in subsection (a-5), the specifications may be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work. All contracts awarded for any part thereof may award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work. The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract. For single prime projects: (i) the bid of the successful low bidder shall identify the name of the subcontractor, if any, and the bid proposal costs for each of the 5 subdivisions of work set forth in this Section; (ii) the contract entered into with the successful bidder shall provide that no identified subcontractor may be terminated without the written consent of the Capital Development Board; (iii) the contract shall comply with the disadvantaged business practices of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act; and (iv) the Capital Development Board shall submit an annual report to the General Assembly and Governor on the bidding, award, and performance of all single prime projects. Until December 31, 2023, for building construction projects with a total construction cost valued at $5,000,000 or less, the Capital Development Board shall not use the single prime procurement delivery method for more than 50% of the total number of projects bid for each fiscal year. Until December 31, 2023, any project with a total construction cost valued greater than $5,000,000 may be bid using single prime at the discretion of the Executive Director of the Capital Development Board. For contracts entered into on or after January 1, 2024, the Capital Development Board shall determine whether the single prime procurement delivery method is to be pursued. Before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of the items in paragraphs (1) through (4). The chief procurement officer must review the Capital Development Board's determination and consider the adequacy of information in paragraphs (1) through (4) to determine whether the Capital Development Board may proceed with single prime. Approval by the chief procurement officer shall not be unreasonably withheld. The following factors must be considered by the chief procurement officer in any determination: (1) The benefit that using the single prime | ||
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(2) The likelihood that single prime will be in the | ||
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(3) The type and size of the project and its | ||
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(4) Whether the project will comply with the | ||
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If the chief procurement officer finds that the Capital Development Board's written determination is insufficient, the Capital Development Board shall have the opportunity to cure its determination. Within 15 days of receiving approval from the chief procurement officer, the Capital Development Board shall provide an advisory copy of the written determination to the Procurement Policy Board and the Commission on Equity and Inclusion. The Capital Development Board must maintain the full record of determination for 5 years. (a-5) Beginning on the effective date of this amendatory Act of the 102nd General Assembly and through December 31, 2025, for single prime projects in which a public institution of higher education is a construction agency awarding building construction contracts in excess of $250,000, separate specifications may be prepared for all equipment, labor, and materials in connection with the 5 subdivisions of work enumerated in subsection (a). Any public institution of higher education contract awarded for any part thereof may award 2 or more of the 5 subdivisions of work together or separately to responsible and reliable persons, firms, or corporations engaged in these classes of work if: (i) the public institution of higher education has submitted to the Procurement Policy Board and the Commission on Equity and Inclusion a written notice that includes the reasons for using the single prime method and an explanation of why the use of that method is in the best interest of the State and arranges to have the notice posted on the institution's online procurement webpage and its online procurement bulletin at least 3 business days following submission to the Procurement Policy Board and the Commission on Equity and Inclusion; (ii) the successful low bidder has prequalified with the public institution of higher education; (iii) the bid of the successful low bidder identifies the name of the subcontractor, if any, and the bid proposal costs for each of the 5 subdivisions of work set forth in subsection (a); (iv) the contract entered into with the successful bidder provides that no identified subcontractor may be terminated without the written consent of the public institution of higher education; and (v) the successful low bidder has prequalified with the University of Illinois or with the Capital Development Board. For building construction projects with a total construction cost valued at $20,000,000 or less, public institutions of higher education shall not use the single prime delivery method for more than 50% of the total number of projects bid for each fiscal year. Projects with a total construction cost valued at $20,000,000 or more may be bid using the single prime delivery method at the discretion of the public institution of higher education. With respect to any construction project described in this subsection (a-5), the public institution of higher education shall: (i) specify in writing as a public record that the project shall comply with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act; and (ii) report annually to the Governor, General Assembly, Procurement Policy Board, and Auditor General on the bidding, award, and performance of all single prime projects. On and after the effective date of this amendatory Act of the 102nd General Assembly, the public institution of higher education may award in each fiscal year single prime contracts with an aggregate total value of no more than $100,000,000. The Board of Trustees of the University of Illinois may award in each fiscal year single prime contracts with an aggregate total value of not more than $300,000,000. (b) For public institutions of higher education, the provisions of this subsection are operative on and after January 1, 2026. For building construction contracts in excess of $250,000, separate specifications shall be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed: (1) plumbing; (2) heating, piping, refrigeration, and automatic | ||
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(3) ventilating and distribution systems for | ||
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(4) electric wiring; and (5) general contract work. The specifications must be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work. All contracts awarded for any part thereof shall award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work. The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract. (Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.) |
(30 ILCS 500/30-35)
Sec. 30-35.
Expenditure in excess of contract price.
(a) Germaneness. No funds in excess of the contract price
may be obligated or
expended unless the additional work to be performed or materials
to be furnished is germane to
the original contract. Even if germane to the original contract,
no additional expenditures or
obligations may, in their total combined amounts, be in excess of
the percentages of the original
contract amount set forth in subsection (b)
unless they have received the prior
written approval of the construction agency. In the event that
the total of the combined
additional expenditures or obligations exceeds the percentages of
the original contract amount set
forth in subsection (b), the construction
agency shall investigate all the
additional expenditures or obligations in excess of the original
contract amount and shall in
writing approve or disapprove subsequent expenditures or
obligations and state in detail the
reasons for the approval or disapproval.
(b) Written determination required. When the contract amount
is no more than
$75,000, the percentage shall be 9% (maximum $6,750). When the
contract amount is between
$75,001 and $200,000, the percentage shall be 7% of the amount
above $75,000 plus $6,750,
but not to exceed 7% of $200,000 (maximum $14,000). When the
contract amount is between
$200,001 and $500,000, the percentage shall be 5% of the amount
above $200,000 plus
$14,000, but not to exceed 5% of $500,000 (maximum $25,000). When
the contract amount
is in excess of $500,000, the percentage shall be 3% of the amount
above $500,000 plus
$25,000.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/30-43)
Sec. 30-43.
(Repealed).
(Source: P.A. 92-11, eff. 6-11-01. Repealed by P.A. 93-632, eff. 2-1-04.)
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(30 ILCS 500/30-45)
Sec. 30-45. Other Acts. This Article is subject to applicable
provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June | ||
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(5) the Employment of Illinois Workers on Public | ||
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(6) the Public Contract Fraud Act;
(7) (blank); and (8) the Project Labor Agreements Act.
(Source: P.A. 101-149, eff. 7-26-19.)
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(30 ILCS 500/30-50) Sec. 30-50. Mobilization payments. (a) As used in this Section, "mobilization payment" means an advance payment for the preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to a project site and for all other work or operations that must be performed or costs incurred when beginning work on a project. (b) When a contract under this Code entered into by the Department of Transportation provides for mobilization payments and the contractor is using the services of a subcontractor, the subcontract shall include terms requiring mobilization payments be made to the subcontractor. Mobilization payments to a subcontractor shall be made on a tiered system based on the initial value of the subcontract: | ||||||||||||||||||||||
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(c) This Section only applies to contracts entered into by the Department of Transportation.
(Source: P.A. 100-333, eff. 1-1-18.) |
(30 ILCS 500/30-55) Sec. 30-55. Construction contracts involving nonmarket economy countries. (a) Notwithstanding any provision of law to the contrary, no procurement contract for the construction, alteration, operation, repair, maintenance, or improvement of any mass transit facility, or equipment thereof, in excess of $1,000,000 shall be awarded to or executed with any vendor that receives support from a nonmarket economy country as defined in Section 7781(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)) and was identified by the United States Trade Representative in the most recent report required by Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country, and is subject to monitoring by the United States Trade Representative under Section 306 of the Trade Act of 1974 (19 U.S.C. 2416). (b) Nothing in this Section is intended to contravene any existing treaties, laws, trade agreements, or regulations of the United States or subsequent trade agreements entered into between any foreign countries and the State or the United States.
(Source: P.A. 102-163, eff. 1-1-22.) |
(30 ILCS 500/30-60) (Section scheduled to be repealed on January 1, 2026) Sec. 30-60. Change order reports. (a) During the period described in subsection (b), the Capital Development Board and the Department of Transportation shall each prepare quarterly reports on the status of change order requests concerning price that have been received by either the Board or the Department and that have not been acted upon within 45 days. The reports shall be made available to the public on the Internet websites of the Capital Development Board and the Department of Transportation, and shall also be submitted to the Governor and the General Assembly. The reports shall include as much information as possible, including, but not limited to: (i) the number of change order requests concerning price that have been received by the Board or the Department within the applicable reporting quarter and have not been acted upon within 45 days after their receipt; and (ii) for those change order requests concerning price that are agreed to by the Board or the Department, information on the number of days that passed between the date the change order request was received and the date it was agreed to by the Board or Department. (b) There shall be 12 quarterly reports in total. The first report shall be published on or before January 15, 2023, and the last report shall be published on or before December 15, 2025. (c) The reports may include a narrative section that explains any internal improvements made and any plans to reduce the number of contracts with a change order in which an agreement on price is not reached within 45 days after receipt of the change order request. (d) This Section is repealed on January 1, 2026.
(Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/30-150)
Sec. 30-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/Art. 33 heading)
ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-5) Sec. 33-5. Definitions. In this Article: "Construction management services" includes: (1) services provided in the planning and | ||
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(2) services provided in the construction phase of | ||
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"Construction manager" means any individual, sole proprietorship, firm, partnership, corporation, or other legal entity providing construction management services for the Board and prequalified by the State in accordance with 30 ILCS 500/33-10. "Board" means the Capital Development Board or, to the extent that the services are to be procured by a public institution of higher education, the public institution of higher education. (Source: P.A. 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.) |
(30 ILCS 500/33-10)
Sec. 33-10. Prequalification. The Board shall establish
procedures to prequalify firms seeking to provide construction
management services or may use prequalification lists from other State
agencies to meet the requirements of this Section.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-15)
Sec. 33-15. Public notice. Whenever a project requiring
construction management services is proposed for a State agency, the
Board shall provide no less than a 14-day advance notice
published in the procurement bulletin setting forth the projects and
services to be procured. The bulletin shall be available electronically and may be available in print. The bulletin shall include a description of each project and shall state the time and place for interested firms to submit a letter of interest, and, if required by the public notice, a statement of qualifications.
(Source: P.A. 100-701, eff. 8-3-18.) |
(30 ILCS 500/33-20)
Sec. 33-20. Evaluation procedure. The Board shall evaluate
the construction managers submitting letters of interest and other
prequalified construction managers, taking into account qualifications;
and the Board may consider, but shall not be limited to
considering, ability of personnel, past record and experience,
performance data on file, willingness to meet time requirements,
location, workload of the construction manager, and any other
qualifications-based factors as the Board may determine in
writing are applicable. The Board may conduct discussions
with and require public presentations by construction managers deemed
to be the most qualified regarding their qualifications, approach to
the project, and ability to furnish the required services.
The Board shall establish a committee to select
construction managers to provide construction management services.
A selection committee may include at least one public member. The
public member may not be employed or associated with any firm holding a
contract with the Board nor may the public member's firm be
considered for a contract with that Board while he or she is
serving as a public member of the committee.
In no case shall the Board, prior to selecting a
construction manager for negotiation under Section 33-30, seek formal or
informal submission of verbal or written estimates of costs or
proposals in terms of dollars, hours
required, percentage of construction cost, or any other measure of
compensation.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-25)
Sec. 33-25. Selection Procedure. On the basis of evaluations,
discussions, and any presentations, the Board shall select no
less than 3 firms it determines to be qualified to provide services for
the project and rank them in order of qualifications to provide
services regarding the specific project. The Board shall then
contract at a fair and reasonable compensation. If fewer than 3 firms
submit letters of interest and the Board determines that one or
both of those firms are so qualified, the Board may proceed to
negotiate a contract under Section 33-30. The decision of the Board shall be final and binding.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-30)
Sec. 33-30. Contract Negotiation.
(a) The Board shall prepare a written description of the
scope of the proposed services to be used as a basis for negotiations
and shall negotiate a contract with the highest ranked construction
management firm at compensation that the Board determines in
writing to be fair and reasonable. In making this decision, the Board shall take into account the estimated value, scope, complexity,
and nature of the services to be rendered. In no case may the Board establish a payment formula designed to eliminate firms from
contention or restrict competition or negotiation of fees.
(b) If the Board is unable to negotiate a satisfactory
contract with the firm that is highest ranked, negotiations with that
firm shall be terminated. The Board shall then begin
negotiations with the firm that is next highest ranked. If the Board is unable to negotiate a satisfactory contract with that
firm, negotiations with that firm shall be terminated. The Board shall then begin negotiations with the firm that is next highest
ranked.
(c) If the Board is unable to negotiate a satisfactory
contract with any of the selected firms, the Board shall
re-evaluate the construction management services requested, including the
estimated value, scope, complexity, and fee requirements. The Board shall then compile a list of not less than 3 prequalified firms
and proceed in accordance with the provisions of this Act.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-35)
Sec. 33-35. Small Contracts. The provisions of Sections 33-20, 33-25,
and 33-30 do not apply to construction management contracts of less than
$25,000.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-40)
Sec. 33-40. Emergency services. Sections 33-20, 33-25, and 33-30 do not
apply in the procurement of construction management services by the Board (i) when the Board determines in writing that it is in the
best interest of the State to proceed with the immediate selection of a
firm or (ii) in emergencies when immediate services are necessary to
protect the public health and safety, including, but not limited
to, earthquake, tornado, storm, or natural or man-made disaster.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-45)
Sec. 33-45. Firm performance evaluation. The Board shall
evaluate the performance of each firm upon completion of a contract.
That evaluation shall be made available to the firm and the firm may submit a
written response, with the evaluation and response retained solely by
the Board. The evaluation and response shall not be made available to
any other person or firm and is exempt from disclosure under the
Freedom of Information Act. The evaluation shall be based on the terms
identified in the construction manager's contract.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board to
furnish his or her skill and judgment in cooperation with, and reliance
upon, the services of the project architect or engineer. The
construction manager must furnish business administration, management
of the construction process, and other specified services to the Board and must perform his or her obligations in an expeditious and
economical manner consistent with the interest of the Board. If
it is in the State's best interest, the construction manager may
provide or perform basic services for which reimbursement is provided
in the general conditions to the construction management services
contract.
(b) The actual construction work on the project must be awarded to
contractors under this Code. The Board may further separate additional divisions of work under this Article. This subsection is
subject to the applicable provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June | ||
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(5) the Employment of Illinois Workers on Public | ||
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(6) the Public Contract Fraud Act;
(7) (blank); and
(8) the Illinois Architecture Practice Act of 1989, | ||
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(Source: P.A. 101-149, eff. 7-26-19; 102-1119, eff. 1-23-23.) |
(30 ILCS 500/33-55)
Sec. 33-55. Prohibited conduct. No construction management services
contract may be awarded by the Board on a negotiated basis as provided in
this Article if the construction manager or an entity that controls, is
controlled
by, or shares common ownership or control with the construction manager (i)
guarantees, warrants, or otherwise assumes financial responsibility for the
work of others on the project; (ii) provides the Board with a guaranteed
maximum price for the work of others on the project; or (iii) furnishes or
guarantees a performance or payment bond for other contractors on the project.
In any such case, the contract for construction management services must be let
by competitive bidding as in the case of contracts for construction work.
(Source: P.A. 94-532, eff. 8-10-05.) |
(30 ILCS 500/Art. 35 heading) ARTICLE 35
PROCUREMENT OF PROFESSIONAL
AND ARTISTIC SERVICES
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(30 ILCS 500/35-5)
Sec. 35-5.
Application.
All professional and artistic services shall be
procured in
accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/35-10)
Sec. 35-10.
Authority.
Each State purchasing officer, under the
supervision of his or her
respective chief procurement officer, has the authority to select, according to
the provisions of this Article, his or her own professional and artistic
services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/35-15) Sec. 35-15. Prequalification. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop appropriate
and reasonable prequalification standards and categories of professional and
artistic services. (b) The prequalifications and categorizations shall be submitted to the
Procurement Policy Board and the Commission on Equity and Inclusion and published for public comment prior to their
submission to the Joint Committee on Administrative Rules for approval. (c) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each also assemble and
maintain a comprehensive list of prequalified and categorized businesses and
persons. (d) Prequalification shall not be used to bar or prevent any qualified
business or person from bidding or responding to invitations for bid or requests for
proposal.(Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22.) |
(30 ILCS 500/35-20) Sec. 35-20. Uniformity in procurement. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the solicitation, review, and
acceptance of all professional and artistic services. (b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform procedures and forms specified in
this Code for
all professional and artistic services. (c) These forms shall include in detail, in writing, at least: (1) a description of the goal to be achieved; (2) the services to be performed; (3) the need for the service; (4) the qualifications that are necessary; and (5) a plan for post-performance review.(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.) |
(30 ILCS 500/35-25) Sec. 35-25. Uniformity in contract. (a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the contracting of professional
and artistic services. (b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform contracts and forms in
contracting for all professional and artistic services. (c) These contracts and forms shall include in detail, in writing, at least: (1) the detail listed in subsection (c) of Section | ||
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(2) the duration of the contract, with a schedule of | ||
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(3) the method for charging and measuring cost | ||
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(4) the rate of remuneration; and (5) the maximum price.(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.) |
(30 ILCS 500/35-30) Sec. 35-30. Awards. (a) All State contracts for professional and artistic services, except as
provided in this Section, shall be awarded using the
competitive request for proposal process outlined in this Section. The scoring for requests for proposals shall include the commitment to diversity factors and methodology described in subsection (e-5) of Section 20-15. (b) For each contract offered, the chief procurement officer, State
purchasing officer, or his or her designee shall use the appropriate standard
solicitation
forms
available from the chief procurement officer for matters other than construction or the higher
education chief procurement officer. (c) Prepared forms shall be submitted to the chief procurement officer for matters other than construction or the higher education chief procurement officer,
whichever is appropriate, for
publication in its Illinois Procurement Bulletin and circulation to the chief procurement officer for matters other than construction
or the higher education chief procurement officer's list of
prequalified vendors. Notice of the offer or request for
proposal shall appear at least 14 calendar days before the response to the offer is due. (d) All interested respondents shall return their responses to the chief procurement officer for matters other than construction
or the higher education chief procurement officer,
whichever is appropriate, which shall open
and record them. The chief procurement officer for matters other than construction or higher education chief procurement officer
then shall forward the responses, together
with any
information it has available about the qualifications and other State work
of the respondents. (e) After evaluation, ranking, and selection, the responsible chief
procurement officer, State purchasing officer, or
his or her designee shall notify the chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever is appropriate,
of the successful respondent and shall forward
a copy of the signed contract for the chief procurement officer for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for matters other than construction or higher education chief
procurement officer shall
publish the names of the
responsible procurement decision-maker,
the agency letting the contract, the
successful respondent, a contract reference, and value of the let contract
in the next appropriate volume of the Illinois Procurement Bulletin. (f) For all professional and artistic contracts with annualized value
that exceeds $100,000, evaluation and ranking by price are required. Any chief
procurement officer or State purchasing officer,
but not their designees, may select a respondent other than the lowest respondent by
price. In any case, when the contract exceeds the $100,000 threshold and
the lowest respondent is not selected, the chief procurement officer or the State
purchasing officer shall forward together
with the contract notice of who the low respondent by price was and a written decision as
to why another was selected to the chief procurement officer for matters other than construction or
the higher education chief procurement officer, whichever is appropriate.
The chief procurement officer for matters other than construction or higher education chief procurement officer shall publish as
provided in subsection (e) of Section 35-30,
but
shall include notice of the chief procurement officer's or State purchasing
officer's written decision. (g) The chief procurement officer for matters other than construction and higher education chief
procurement officer may each refine, but not
contradict, this Section by promulgating rules
for submission to the Procurement Policy Board and the Commission on Equity and Inclusion and then to the Joint Committee
on Administrative Rules. Any
refinement shall be based on the principles and procedures of the federal
Architect-Engineer Selection Law, Public Law 92-582 Brooks Act, and the
Architectural, Engineering, and Land Surveying Qualifications Based Selection
Act; except that pricing shall be an integral part of the selection process.(Source: P.A. 101-657, Article 5, Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-5); 101-657, Article 40, Section 40-125, eff. 1-1-22; 102-687, eff. 12-17-21.) |
(30 ILCS 500/35-35) Sec. 35-35. Exceptions. (a) Exceptions to Section 35-30 are allowed for sole source procurements,
emergency procurements, and at the discretion of the chief procurement officer
or the State purchasing officer, but not
their designees, for professional and artistic contracts that are nonrenewable,
one year or less in duration, and have a value of less than $100,000. (b) All exceptions granted under this Article must still be submitted to the chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever is appropriate,
and published as provided for in subsection (f) of Section 35-30, shall name
the authorizing
chief procurement officer or State purchasing officer, and shall include a
brief explanation of the reason for the exception.(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/35-40) Sec. 35-40. Subcontractors. (a) Any contract granted under this Article shall state whether the services
of a subcontractor will be used. The contract shall include the names and
addresses of all subcontractors with an annual value that exceeds the small purchase maximum established by Section 20-20 of this Code, the general type of work to be performed by these subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made. A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential. If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information. If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information. Redacted information shall not become part of the public record. (b) If at any time during the term of a contract, a contractor adds or
changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer for matters other than construction
or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their
designee of the names and addresses and the
expected amount of money each new or replaced subcontractor will receive. Upon request of the chief
procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the
contractor shall provide the chief procurement officer a copy of any new or amended subcontract so
identified within 15 calendar days after the request is made. (c) In addition to any other requirements of this Code, a subcontract subject to this Section must
include all of the subcontractor's certifications required by Article 50 of this Code. (d) For purposes of this Section, the changes made by Public Act 98-1076 apply to procurements solicited on or after January 1, 2015 (the effective date of Public Act 98-1076). (Source: P.A. 102-721, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(30 ILCS 500/35-150)
Sec. 35-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/Art. 40 heading) ARTICLE 40
REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
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(30 ILCS 500/40-5)
Sec. 40-5. Applicability. All leases for real property
or capital improvements,
including office and storage space, buildings, and other
facilities for State agencies where the State is the lessee, shall be
procured in accordance with the provisions of this Article. All State agencies, with the exception of public institutions of higher education, shall, in consultation with the Department of Central Management Services, evaluate the State's existing lease portfolio prior to engaging in a procurement for real property or capital improvements.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/40-10)
Sec. 40-10.
Authority.
State purchasing officers shall
have the authority to procure
leases for real property or capital improvements.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/40-15) (Text of Section before amendment by P.A. 103-865) Sec. 40-15. Method of source selection. (a) Request for information. Except as provided in
subsections (b) and (c), all State
contracts for leases of real property or capital improvements
shall be awarded by a request for
information process in accordance with Section 40-20. (b) Other methods. A request for information process need
not be used in procuring any
of the following leases: (1) Property of less than 10,000 square feet with | ||
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(2) (Blank). (3) Duration of less than one year that cannot be | ||
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(4) Specialized space available at only one location. (5) Renewal or extension of a lease; provided that: | ||
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(c) Leases with governmental units. Leases with other
governmental units may be
negotiated without using the request for information process when
deemed by the chief procurement officer to be
in the best interest of the State.(Source: P.A. 98-1076, eff. 1-1-15.) (Text of Section after amendment by P.A. 103-865) Sec. 40-15. Method of source selection. (a) Request for information. Except as provided in subsections (b) and (c), all State contracts for leases of real property or capital improvements shall be awarded by a request for information process in accordance with Section 40-20. (b) Other methods. A request for information process need not be used in procuring any of the following leases: (1) Property of less than 10,000 square feet with | ||
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(2) (Blank). (3) Duration of less than one year that cannot be | ||
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(4) Specialized space available at only one location. (5) Renewal or extension of a lease; provided that: | ||
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(c) Leases with governmental units. Leases with other governmental units may be negotiated without using the request for information process when deemed by the chief procurement officer to be in the best interest of the State.(Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/40-20)
Sec. 40-20. Request for information.
(a) Conditions for use. Leases shall be procured by request
for information except as
otherwise provided in Section 40-15.
(b) Form. A request for information shall be issued and
shall include:
(1) the type of property to be leased;
(2) the proposed uses of the property;
(3) the duration of the lease;
(4) the preferred location of the property; and
(5) a general description of the configuration | ||
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(c) Public notice. Public notice of the request for
information for the availability of real
property to lease shall be published in the appropriate volume of the Illinois
Procurement Bulletin at least 14 calendar days before
the date set forth in the request for receipt of responses and
shall also be published in similar
manner in a newspaper of general circulation in the community or
communities where the using
agency is seeking space.
(d) Response. The request for information response shall
consist of written information
sufficient to show that the respondent can meet minimum criteria
set forth in the request. State
purchasing officers may enter into discussions with respondents
for the purpose of clarifying
State needs and the information supplied by the respondents. On
the basis of the information
supplied and discussions, if any, a State purchasing officer shall
make a written determination
identifying the responses that meet the minimum criteria set forth
in the request for information.
Negotiations shall be entered into with all qualified respondents
for the purpose of securing a
lease that is in the best interest of the State. A written report
of the negotiations shall be
retained in the lease files and shall include the reasons for the
final selection. All leases shall
be reduced to writing; one copy shall be filed with the Comptroller in accordance with the provisions
of Section 20-80, and one copy each shall be filed with the Board and the Commission on Equity and Inclusion.
When the lowest response by price is not selected, the State purchasing
officer shall forward to the chief procurement officer, along with the lease,
notice of the identity of the lowest respondent by price and written reasons
for the selection of a different response. The chief procurement officer shall
publish the written reasons in the next volume of the Illinois Procurement
Bulletin. (e) Board and Commission on Equity and Inclusion review. Upon receipt of (1) any proposed lease of real property of 10,000 or more square feet or (2) any proposed lease of real property with annual rent payments of $100,000 or more, the Procurement Policy Board and the Commission on Equity and Inclusion shall jointly have 30 calendar days to review the proposed lease. The Board and Commission have 30 calendar days to submit a joint objection. If no joint objection is submitted, then the proposed lease shall become effective according to its terms as submitted. The leasing agency shall make any and all materials available to the Board and the Commission on Equity and Inclusion to assist in the review process.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
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(30 ILCS 500/40-25)
Sec. 40-25. Length of leases.
(a) Maximum term. Except as otherwise provided under subsection (a-5), leases shall be for a term not to exceed
10 years inclusive, beginning January, 1, 2010, of proposed contract renewals and shall include
a termination option in favor of the State after 5 years. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45.
(a-5) Extended term. A lease for real property owned by a public institution of higher education to be used for healthcare uses, academic facilities, dormitory facilities, or other support uses may exceed 10 years in length when: (i) the lease requires the lessor to make capital improvements in excess of $100,000; and (ii) the Board of Trustees of the public institution of higher education determines a term of more than 10 years is necessary and is in the best interest of the institution. A lease under this subsection (a-5) may not exceed 30 years in length. (b) Renewal. Leases may include a renewal option. An
option to renew may be
exercised only when a State purchasing officer determines in
writing that renewal is in the best
interest of the State and notice of the exercise of the option is published in
the appropriate volume of the Procurement Bulletin at least 30 calendar days prior to
the exercise of the option.
(c) Subject to appropriation. All leases shall recite that
they are subject to termination
and cancellation in any year for which the General Assembly fails
to make an appropriation to
make payments under the terms of the lease.
(d) Holdover. Beginning January 1, 2010, no lease may continue on a month-to-month or other holdover basis for a total of more than 6 months. Beginning July 1, 2010, the Comptroller shall withhold payment of leases beyond this holdover period. (e) On December 31, 2023, and every year thereafter, any institution of higher education that enters into a lease under this Section shall file with both houses of the General Assembly a report outlining each lease entered into under this Section that is current as of the date of the report. (Source: P.A. 101-426, eff. 1-1-20; 102-721, eff. 1-1-23.)
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(30 ILCS 500/40-30)
Sec. 40-30. Purchase option. Leases of all space
in entire, free-standing
buildings shall include an option to purchase exercisable by the
State, unless the purchasing officer determines that inclusion of such purchase
option is not in the State's best interest and makes that determination in
writing along with the reasons for making that determination and publishes the
written determination in the appropriate volume of the Illinois Procurement Bulletin.
Leases from governmental units and not-for-profit entities are exempt from
the requirements of this Section.
(Source: P.A. 100-43, eff. 8-9-17; 100-201, eff. 8-18-17.)
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(30 ILCS 500/40-33) Sec. 40-33. Leased property square footage reduction. When operational needs indicate that reduction in the square footage of a leased property is necessary and in the best interests of the State, a contract for the lease of real property may be amended to reduce the square footage of the leased property, regardless of the method of procurement or source selection.
(Source: P.A. 102-18, eff. 6-25-21.) |
(30 ILCS 500/40-35)
Sec. 40-35.
Rent without occupancy.
Except when deemed
by the Board to be in the
best interest of the State, no State agency may incur rental
obligations before occupying the
space rented.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/40-40)
Sec. 40-40.
Local site preferences.
Upon the request of
the chief executive officer
of a unit of local government, leasing preferences may be given to
sites located in enterprise
zones, tax increment districts, or redevelopment districts.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/40-45)
Sec. 40-45.
Leases exempt from Article.
A lease entered into by the State
under Section 7.4 of the State Property Control Act is not subject to the
provisions of this Article.
(Source: P.A. 93-19, eff. 6-20-03.)
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(30 ILCS 500/40-46)
Sec. 40-46.
Leases exempt from Article.
A lease entered into under
Section 7.5 of the State Property Control Act is not subject to the
provisions of this Article.
(Source: P.A. 93-19, eff. 6-20-03.)
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(30 ILCS 500/40-55) Sec. 40-55. Lessor's failure to make improvements. Each lease must provide for actual or
liquidated damages upon the lessor's failure to make improvements agreed upon in the lease. The actual or liquidated damages shall consist of a reduction in lease payments equal to the corresponding percentage of the improvement value to the lease value. The actual or
liquidated damages shall continue until the lessor complies with the lease and the improvements are certified by the chief procurement officer and the leasing State agency.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/40-150)
Sec. 40-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/Art. 45 heading) ARTICLE 45
PREFERENCES
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(30 ILCS 500/45-5)
Sec. 45-5.
Procurement preferences.
To promote business
and employment
opportunities in Illinois, procurement preferences are established
and shall be applicable to any
procurement made under this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-10)
Sec. 45-10. Resident bidders and offerors.
(a) Amount of preference. When a contract is to be awarded
to the lowest responsible
bidder or offeror, a resident bidder or offeror shall be allowed a preference as against
a non-resident bidder or offeror from any
state that gives or requires a preference to bidders or offerors from that
state. The preference shall be equal
to the preference given or required by the state of the
non-resident bidder or offeror. Further, if only non-resident bidders or offerors are
bidding, the purchasing agency is within its right to specify that
Illinois
labor and manufacturing locations be used as a part of the
manufacturing process, if applicable.
This specification may be negotiated as part of the solicitation
process.
(b) Residency. A resident bidder or offeror is a person authorized to
transact business in this State
and having a bona fide establishment for transacting business
within this State where it was
actually transacting business on the date when any bid for a
public contract is first advertised
or announced. A resident bidder or offeror includes a foreign corporation
duly authorized to transact
business in this State that has a bona fide establishment for
transacting business within this State
where it was actually transacting business on the date when any
bid for a public contract is first
advertised or announced.
(c) Federal funds. This Section does not apply to any
contract for any project as to
which federal funds are available for expenditure when its
provisions may be in conflict with
federal law or federal regulation.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/45-15)
Sec. 45-15. Soybean oil-based ink and vegetable oil-based ink. (a) As used in this Section: "Digital printing" means a printing method which includes, but is not limited to, the electrostatic process of transferring ink or toner to a substrate. This process may involve the use of photo imaging plates, photoreceptor drums, or belts which hold an electrostatic charge. "Digital printing" is also defined as a process of transferring ink through a print head directly to a substrate, as is done with ink-jet printers. "Offset printing" means lithography, flexography, gravure, or letterpress. "Offset printing" involves the process of transferring ink through static or fixed image plates using an impact method of pressing ink into a substrate. (b) Contracts requiring
the procurement of offset printing
services shall specify the use of soybean oil-based ink or vegetable oil-based ink unless a
State purchasing officer
determines that another type of ink is required to assure high
quality and reasonable pricing of
the printed product. This Section does not apply to digital printing services.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/45-20)
Sec. 45-20. Recycled supplies. When a public contract
is to be awarded to the
lowest responsible bidder or offeror, an otherwise qualified bidder or offeror who will
fulfill the contract through the
use of products made of recycled supplies shall
be given preference over other bidders or offerors unable to do so, provided
that the cost included in the
bid of supplies is equal or less than other bids or offers, unless the use of the product constitutes an undue practical hardship.
This Section applies to bid opportunities posted to the Illinois Procurement Bulletin on or after January 1, 2016. Nothing in this Section shall be construed to apply to a construction agency for the purposes of procuring construction and construction-related services. (Source: P.A. 98-1076, eff. 1-1-15; 99-428, eff. 8-21-15.)
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(30 ILCS 500/45-22) Sec. 45-22. (Repealed).
(Source: P.A. 100-951, eff. 1-1-19. Repealed internally, eff. 1-1-22.) |
(30 ILCS 500/45-23) Sec. 45-23. Single-use plastics prohibition; preference. (a) For the purposes of this Section: "Compostable" means that the item meets the ASTM D6400 standard of compostability and has been certified by the Biodegradable Products Institute as compostable. "Compostable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable. "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal. "Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pickup. "Single-use plastic disposable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are made of plastic, are not compostable, and are not accepted in residential curbside recycling pickup. (b) When a State agency or institution of higher education is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of compostable foodware or recyclable foodware may be given preference over other bidders unable to do so; provided that the bid is not more than 5% greater than the cost of products that are single-use plastic disposable foodware. The contract awarded the cost preference in this subsection (b) shall also include the option of providing the State agency or institution of higher education with single-use plastic straws. (c) After January 1, 2023, State agencies and departments may not procure single-use plastic disposable foodware for use at any State parks or natural areas, and instead shall offer only compostable foodware or recyclable foodware for use at State parks or natural areas. (d) After January 1, 2024, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with single-use plastic disposable foodware at any site located at a State park or a natural area, and instead shall offer only compostable foodware or recyclable foodware for use at State parks or natural areas. (e) This Section does not apply to the procurement of supplies for the Illinois State Fair.
(Source: P.A. 102-1081, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(30 ILCS 500/45-24) Sec. 45-24. Single-use plastics prohibition; preference. (a) As used in this Section: "Compostable" means that the item meets the ASTM D6400 standard of compostability and has been certified by the Biodegradable Products Institute as compostable. "Compostable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable. "Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, egg carton containers, ice chests that are used for the processing or shipping of seafood or service ware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish, or seafood. "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer. "Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pick up. "Serviceware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to contain, transport, serve, or aid in the consumption of food or beverages. "State agency" has the meaning given to that term in Section 1-15.100 of this Code. (b) After January 1, 2025, State agencies and departments may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any State agency or department and instead shall offer only compostable foodware or recyclable foodware for use at the State agency or department. (c) After January 1, 2026, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the State, and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the State.
(Source: P.A. 103-470, eff. 8-4-23.) |
(30 ILCS 500/45-25)
Sec. 45-25. Recyclable supplies. All supplies purchased for
use by State agencies must
be recyclable paper unless a recyclable substitute cannot be used to meet
the requirements of the State
agencies or would constitute an undue economic or practical hardship.
(Source: P.A. 96-197, eff. 1-1-10.)
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(30 ILCS 500/45-26) Sec. 45-26. Environmentally preferable procurement. (a) Definitions. For the purposes of this Section: (1) "Supplies" means all personal property, including | ||
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(2) "Services" means the furnishing of labor, time, | ||
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(3) "Environmentally preferable supplies" means | ||
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(i) made of recycled materials, to the | ||
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(ii) not containing, emitting, or producing | ||
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(iii) constituted so as to minimize the | ||
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(iv) constituted so as to conserve energy and | ||
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(4) "Environmentally preferable services" means | ||
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(i) use of supplies made of recycled | ||
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(ii) use of supplies that do not contain, | ||
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(iii) employment of methods that minimize the | ||
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(iv) employment of methods that conserve | ||
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(b) Award of contracts for environmentally preferable supplies or services. Notwithstanding any rule, regulation, statute, order, or policy of any kind, with the exceptions of Sections 45-20 and 45-25 of this Code, State agencies shall contract for supplies and services that are environmentally preferable. If, however, contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting State agency, or if an environmentally preferable supply or service cannot be used to meet the requirements of the State agency, then the State agency need not contract for an environmentally preferable supply or service.
Specifications for contracts, at the discretion of the contracting State agency, may include a price preference of up to 10% for environmentally preferable supplies or services.
(Source: P.A. 96-197, eff. 1-1-10.) |
(30 ILCS 500/45-30)
Sec. 45-30. Illinois Correctional Industries. Notwithstanding anything to the
contrary in other law, each chief procurement officer appointed pursuant to Section 10-20 shall, in consultation
with Illinois Correctional Industries, a division of the Illinois Department of Corrections (referred to as the "Illinois Correctional Industries" or "ICI") determine for all State agencies under their respective jurisdictions which articles, materials,
industry related services, food stuffs, and finished goods that are produced or
manufactured by persons confined in institutions and facilities of the Department of Corrections who are participating in Illinois Correctional Industries programs shall be purchased from Illinois Correctional Industries. Each
chief procurement officer appointed pursuant to Section 10-20 shall develop and distribute to the appropriate
purchasing and using agencies a listing of all Illinois Correctional Industries products and procedures for implementing this Section.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/45-35) Sec. 45-35. Not-for-profit agencies for persons with significant disabilities. (a) Qualification. Supplies and services may be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with significant disabilities that: (1) complies with Illinois laws governing private | ||
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(2) provides for payment of a wage for contractual | ||
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(3) is (A) a disability-serving organization that is | ||
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(b) Participation. To participate, the not-for-profit agency must have indicated an interest in providing the supplies and services, must meet the specifications and needs of the using agency, and must set a fair and reasonable price. (c) Committee. There is created within the Department of Central Management Services a committee to facilitate the purchase of products and services from not-for-profit agencies that provide employment opportunities to persons with physical disabilities, intellectual or developmental disabilities, mental illnesses, or any combination thereof. This committee is called the State Use Committee. The State Use Committee shall consist of the Director of the Department of Central Management Services or his or her designee, the Secretary of the Department of Human Services or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, one public member representing private business who is knowledgeable of the employment needs and concerns of persons with developmental disabilities, one public member representing private business who is knowledgeable of the needs and concerns of rehabilitation facilities, one public member who is knowledgeable of the employment needs and concerns of persons with developmental disabilities, one public member who is knowledgeable of the needs and concerns of rehabilitation facilities, 2 members who have a disability, 2 public members from a statewide association that represents community-based rehabilitation facilities serving or supporting individuals with intellectual or developmental disabilities, and one public member from a disability-focused statewide advocacy group, all appointed by the Governor. The public members shall serve 2 year terms, commencing upon appointment and every 2 years thereafter. A public member may be reappointed, and vacancies shall be filled by appointment for the completion of the term. In the event there is a vacancy on the State Use Committee, the Governor must make an appointment to fill that vacancy within 30 calendar days after the notice of vacancy. The members shall serve without compensation but shall be reimbursed for expenses at a rate equal to that of State employees on a per diem basis by the Department of Central Management Services. All members shall be entitled to vote on issues before the State Use Committee. The State Use Committee shall have the following powers and duties: (1) To request from any State agency information as | ||
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(2) To meet quarterly or more often as necessary to | ||
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(3) To request a quarterly report from each | ||
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(4) To prepare a report for the Governor and General | ||
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(5) To prepare a publication that lists all supplies | ||
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(6) To encourage diversity in supplies and services | ||
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(7) To develop guidelines to be followed by | ||
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(8) To review all pricing submitted under the | ||
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(A) Amounts private businesses would pay for | ||
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(B) Amounts the federal government would pay | ||
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(C) The amount paid by the State for similar | ||
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(D) The actual cost of manufacturing the product | ||
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(E) The usual, customary, and reasonable costs of | ||
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(9) To, not less than every 3 years, adopt a | ||
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(c-5) Conditions for Use. Each chief procurement officer shall, in consultation with the State Use Committee, determine which articles, materials, services, food stuffs, and supplies that are produced, manufactured, or provided by persons with significant disabilities in qualified not-for-profit agencies shall be given preference by purchasing agencies procuring those items. (d) (Blank). (e) Subcontracts. Subcontracts shall be permitted for agreements authorized under this Section. For the purposes of this subsection (e), "subcontract" means any acquisition from another source of supplies, not including raw materials, or services required by a qualified not-for-profit agency to provide the supplies or services that are the subject of the contract between the State and the qualified not-for-profit agency. The State Use Committee shall develop guidelines to be followed by qualified not-for-profit agencies when seeking and establishing subcontracts with other persons or not-for-profit agencies in order to fulfill State contract requirements. These guidelines shall include the following: (i) The State Use Committee must approve all | ||
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(ii) A qualified not-for-profit agency shall not | ||
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(iii) A qualified not-for-profit agency shall make | ||
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(iv) For any subcontract not currently performed by a | ||
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(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21; 103-570, eff. 1-1-24.) |
(30 ILCS 500/45-40)
Sec. 45-40.
Gas mileage.
(a) Specification. Contracts for the purchase or
lease of new passenger
automobiles, other than station wagons, vans, four-wheel drive
vehicles, emergency vehicles,
and police and fire vehicles, shall specify the procurement of a
model that, according to the most
current mileage study published by the U.S. Environmental
Protection Agency, can achieve at
least the minimum average fuel economy in miles per gallon imposed
upon manufacturers of
vehicles under Title V of The Motor Vehicle Information and Cost
Savings Act.
(b) Exemptions. The State purchasing officer may exempt
procurements from the
requirement of subsection (a) when there is a demonstrated need,
submitted in writing, for an
automobile that does not meet the minimum average fuel economy
standards. The chief procurement officer shall
promulgate rules for determining need consistent with the intent
of this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-45) Sec. 45-45. Small businesses. (a) Set-asides. Each chief procurement officer has authority to designate as small business set-asides a fair proportion of construction, supply, and service contracts for award to small businesses in Illinois. Advertisements for bids or offers for those contracts shall specify designation as small business set-asides. In awarding the contracts, only bids or offers from qualified small businesses shall be considered. (b) Small business. "Small business" means a business that is independently owned and operated and that is not dominant in its field of operation. The chief procurement officer shall establish a detailed definition by rule, using in addition to the foregoing criteria other criteria, including the number of employees and the dollar volume of business. When computing the size status of a potential contractor, annual sales and receipts of the potential contractor and all of its affiliates shall be included. The maximum number of employees and the maximum dollar volume that a small business may have under the rules promulgated by the chief procurement officer may vary from industry to industry to the extent necessary to reflect differing characteristics of those industries, subject to the following limitations: (1) No wholesale business is a small business if its | ||
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(2) No retail business or business selling services | ||
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(3) No manufacturing business is a small business if | ||
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(4) No construction business is a small business if | ||
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(c) Fair proportion. For the purpose of subsection (a), for State agencies of the executive branch, a fair proportion of construction contracts shall be no less than 25% nor more than 40% of the annual total contracts for construction. (d) Withdrawal of designation. A small business set-aside designation may be withdrawn by the purchasing agency when deemed in the best interests of the State. Upon withdrawal, all bids or offers shall be rejected, and the bidders or offerors shall be notified of the reason for rejection. The contract shall then be awarded in accordance with this Code without the designation of small business set-aside. Each chief procurement officer shall make the annual report available on his or her official website. Each chief procurement officer shall also issue a press release in conjunction with the small business annual report that includes an executive summary of the annual report and a link to the annual report on the chief procurement officer's website. (e) Small business specialist. Each chief procurement officer shall designate one or more individuals to serve as its small business specialist. The small business specialists shall collectively work together to accomplish the following duties: (1) Compiling and maintaining a comprehensive list of | ||
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(2) Assisting small businesses in complying with the | ||
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(3) Examining requests from State agencies for the | ||
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(4) Making recommendations to the chief procurement | ||
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(5) Assisting in investigations by purchasing | ||
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(f) Small business annual report. Each small business specialist designated under subsection (e) shall annually before November 1 report in writing to the General Assembly concerning the awarding of contracts to small businesses. The report shall include the total value of awards made in the preceding fiscal year under the designation of small business set-aside. The report shall also include the total value of awards made to businesses owned by minorities, women, and persons with disabilities, as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, in the preceding fiscal year under the designation of small business set-aside. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act.(Source: P.A. 103-570, eff. 1-1-24.) |
(30 ILCS 500/45-46) (This Section may contain text from a Public Act with a delayed effective date) Sec. 45-46. Mid-size businesses. (a) As used in the Section, "mid-size business" means a business that is independently owned and operated and that is not dominant in its field of operation. "Mid-size business" includes a construction business with annual sales and receipts in excess of $14,000,000 but not over $45,000,000. (a-5) This Section applies only to construction-related procurements for the Illinois State Toll Highway Authority. (b) The chief procurement officer shall adopt rules to establish additional criteria to designate mid-size businesses for the purposes of the mid-size business set-asides described in subsection (c), including the number of employees and annual sales and receipts of the business. When computing the size status of a potential contractor, annual sales and receipts of the potential contractor and all of its affiliates shall be included. The maximum number of employees and the maximum annual sales and receipts that a mid-size business may have under the rules adopted by the chief procurement officer may vary from industry to industry, to the extent necessary to reflect differing characteristics of those industries, subject to the limitation that no business shall qualify as a mid-size business if its annual sales and receipts exceed $45,000,000. (c) The applicable chief procurement officer shall designate a fair proportion, as determined by the applicable chief procurement officer in consultation with the Illinois State Toll Highway Authority, of construction, construction-related, and construction support contracts as mid-size business set-asides for award to mid-size businesses in Illinois. Advertisements for bids or offers for these contracts shall specify designation as mid-size business set-asides. In awarding the contracts, only bids or offers from qualified mid-size businesses shall be considered. The Illinois State Toll Highway Authority shall prepare an annual report setting forth the use of this Section during the preceding fiscal year and shall provide that report to the applicable chief procurement officer no later than March 1 of each calendar year. This Section is repealed 5 years after the effective date of this Section.(Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/45-50)
Sec. 45-50.
Illinois agricultural products.
In awarding
contracts requiring the
procurement of agricultural products, preference may be given to
an otherwise qualified bidder
or offeror who will fulfill the contract through the use of
agricultural products grown in Illinois.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-55)
Sec. 45-55.
Corn-based plastics.
In awarding contracts
requiring the procurement
of plastic products, preference may be given to an otherwise
qualified bidder or offeror who will
fulfill the contract through the use of plastic products made from
Illinois corn by-products.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-57) (Text of Section before amendment by P.A. 103-746) Sec. 45-57. Veterans. (a) Set-aside goal. It is the goal of the State to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-owned small businesses (referred to as SDVOSB) and veteran-owned small businesses (referred to as VOSB) participate in the State's procurement process as both prime contractors and subcontractors. Not less than 3% of the total dollar amount of State contracts, as defined by the Commission on Equity and Inclusion, shall be established as a goal to be awarded to SDVOSB and VOSB. That portion of a contract under which the contractor subcontracts with a SDVOSB or VOSB may be counted toward the goal of this subsection. The Commission on Equity and Inclusion shall adopt rules to implement compliance with this subsection by all State agencies. (b) Fiscal year reports. By each November 1, each chief procurement officer shall report to the Commission on Equity and Inclusion on all of the following for the immediately preceding fiscal year, and by each March 1 the Commission on Equity and Inclusion shall compile and report that information to the General Assembly: (1) The total number of VOSB, and the number of | ||
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(2) The total number of VOSB, and the number of | ||
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(b-5) The Commission on Equity and Inclusion shall submit an annual report to the Governor and the General Assembly that shall include the following: (1) a year-by-year comparison of the number of | ||
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(2) the obstacles, if any, the Commission on Equity | ||
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(3) a year-by-year comparison of awarded contracts to | ||
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(4) any other information that the Commission on | ||
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The Commission on Equity and Inclusion shall conduct a minimum of 2 outreach events per year to ensure that veteran-owned small businesses and service-disabled veteran-owned small businesses know about the procurement opportunities and certification requirements with the State. The Commission on Equity and Inclusion may receive appropriations for outreach. (c) Yearly review and recommendations. Each year, each chief procurement officer shall review the progress of all State agencies under its jurisdiction in meeting the goal described in subsection (a), with input from statewide veterans' service organizations and from the business community, including businesses owned by qualified veterans, and shall make recommendations to be included in the Commission on Equity and Inclusion's report to the General Assembly regarding continuation, increases, or decreases of the percentage goal. The recommendations shall be based upon the number of businesses that are owned by qualified veterans and on the continued need to encourage and promote businesses owned by qualified veterans. (d) Governor's recommendations. To assist the State in reaching the goal described in subsection (a), the Governor shall recommend to the General Assembly changes in programs to assist businesses owned by qualified veterans. (e) Definitions. As used in this Section: "Armed forces of the United States" means the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or service in active duty as defined under 38 U.S.C. Section 101. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Act 95-202 shall also be considered service in the armed forces for purposes of this Section. "Certification" means a determination made by the Illinois Department of Veterans' Affairs and the Commission on Equity and Inclusion that a business entity is a qualified service-disabled veteran-owned small business or a qualified veteran-owned small business for whatever purpose. A SDVOSB or VOSB owned and controlled by women, minorities, or persons with disabilities, as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, may also select and designate whether that business is to be certified as a "women-owned business", "minority-owned business", or "business owned by a person with a disability", as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. "Control" means the exclusive, ultimate, majority, or sole control of the business, including but not limited to capital investment and all other financial matters, property, acquisitions, contract negotiations, legal matters, officer-director-employee selection and comprehensive hiring, operation responsibilities, cost-control matters, income and dividend matters, financial transactions, and rights of other shareholders or joint partners. Control shall be real, substantial, and continuing, not pro forma. Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management, and operations. Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business, and control shall not include simple majority or absentee ownership. "Qualified service-disabled veteran" means a veteran who has been found to have 10% or more service-connected disability by the United States Department of Veterans Affairs or the United States Department of Defense. "Qualified service-disabled veteran-owned small business" or "SDVOSB" means a small business (i) that is at least 51% owned by one or more qualified service-disabled veterans living in Illinois or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified service-disabled veterans living in Illinois; (ii) that has its home office in Illinois; and (iii) for which items (i) and (ii) are factually verified annually by the Commission on Equity and Inclusion. "Qualified veteran-owned small business" or "VOSB" means a small business (i) that is at least 51% owned by one or more qualified veterans living in Illinois or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified veterans living in Illinois; (ii) that has its home office in Illinois; and (iii) for which items (i) and (ii) are factually verified annually by the Commission on Equity and Inclusion. "Service-connected disability" means a disability incurred in the line of duty in the active military, naval, or air service as described in 38 U.S.C. 101(16). "Small business" means a business that has annual gross sales of less than $150,000,000 as evidenced by the federal income tax return of the business. A firm with gross sales in excess of this cap may apply to the Commission on Equity and Inclusion for certification for a particular contract if the firm can demonstrate that the contract would have significant impact on SDVOSB or VOSB as suppliers or subcontractors or in employment of veterans or service-disabled veterans. "State agency" has the meaning provided in Section 1-15.100 of this Code. "Time of hostilities with a foreign country" means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order. "Veteran" means a person who (i) has been a member of the armed forces of the United States or, while a citizen of the United States, was a member of the armed forces of allies of the United States in time of hostilities with a foreign country and (ii) has served under one or more of the following conditions: (a) the veteran served a total of at least 6 months; (b) the veteran served for the duration of hostilities regardless of the length of the engagement; (c) the veteran was discharged on the basis of hardship; or (d) the veteran was released from active duty because of a service connected disability and was discharged under honorable conditions. (f) Certification program. The Illinois Department of Veterans' Affairs and the Commission on Equity and Inclusion shall work together to devise a certification procedure to assure that businesses taking advantage of this Section are legitimately classified as qualified service-disabled veteran-owned small businesses or qualified veteran-owned small businesses. The Commission on Equity and Inclusion shall: (1) compile and maintain a comprehensive list of | ||
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(2) assist veteran-owned small businesses and | ||
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(3) provide training for State agencies regarding the | ||
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(4) implement and maintain an electronic portal on | ||
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The Commission on Equity and Inclusion, in consultation with the Department of Veterans' Affairs, may develop programs and agreements to encourage cities, counties, towns, townships, and other certifying entities to adopt uniform certification procedures and certification recognition programs. (f-5) A business shall be certified by the Commission on Equity and Inclusion as a service-disabled veteran-owned small business or a veteran-owned small business for purposes of this Section if the Commission on Equity and Inclusion determines that the business has been certified as a service-disabled veteran-owned small business or a veteran-owned small business by the Vets First Verification Program of the United States Department of Veterans Affairs, and the business has provided to the Commission on Equity and Inclusion the following: (1) documentation showing certification as a | ||
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(2) proof that the business has its home office in | ||
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(3) proof that the qualified veterans or qualified | ||
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The policies of the Commission on Equity and Inclusion regarding recognition of the Vets First Verification Program of the United States Department of Veterans Affairs shall be reviewed annually by the Commission on Equity and Inclusion, and recognition of service-disabled veteran-owned small businesses and veteran-owned small businesses certified by the Vets First Verification Program of the United States Department of Veterans Affairs may be discontinued by the Commission on Equity and Inclusion by rule upon a finding that the certification standards of the Vets First Verification Program of the United States Department of Veterans Affairs do not meet the certification requirements established by the Commission on Equity and Inclusion. (g) Penalties. (1) Administrative penalties. The chief procurement | ||
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(2) Reports of violations. Each State agency shall | ||
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(3) List of suspended persons. The chief procurement | ||
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(4) Use of suspended persons. During the period of a | ||
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(5) Duty to check list. Each State agency shall check | ||
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(h) On and after the effective date of this amendatory Act of the 102nd General Assembly, all powers, duties, rights, and responsibilities of the Department of Central Management Services with respect to the requirements of this Section are transferred to the Commission on Equity and Inclusion. All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act from the Department of Central Management Services to the Commission on Equity and Inclusion, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Commission on Equity and Inclusion. The powers, duties, rights, and responsibilities transferred from the Department of Central Management Services by this amendatory Act shall be vested in and shall be exercised by the Commission on Equity and Inclusion. Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Central Management Services in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act, the same shall be made, given, furnished, or served in the same manner to or upon the Commission on Equity and Inclusion. This amendatory Act of the 102nd General Assembly does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Department of Central Management Services before this amendatory Act takes effect; such actions or proceedings may be prosecuted and continued by the Commission on Equity and Inclusion. Any rules of the Department of Central Management Services that relate to its powers, duties, rights, and responsibilities under this Section and are in full force on the effective date of this amendatory Act of the 102nd General Assembly shall become the rules of the Commission on Equity and Inclusion. This amendatory Act does not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Central Management Services that are pending in the rulemaking process on the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Commission on Equity and Inclusion. As soon as practicable hereafter, the Commission on Equity and Inclusion shall revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Commission on Equity and Inclusion may propose and adopt under the Illinois Administrative Procedure Act such other rules of the Department of Central Management Services that will now be administered by the Commission on Equity and Inclusion. (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-746) Sec. 45-57. Veterans. (a) Set-aside goal. It is the goal of the State to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-owned small businesses (referred to as SDVOSB) and veteran-owned small businesses (referred to as VOSB) participate in the State's procurement process as both prime contractors and subcontractors. Not less than 3% of the total dollar amount of State contracts, as defined by the Commission on Equity and Inclusion, shall be established as a goal to be awarded to SDVOSB and VOSB. That portion of a contract under which the contractor subcontracts with a SDVOSB or VOSB may be counted toward the goal of this subsection. The Commission on Equity and Inclusion shall adopt rules to implement compliance with this subsection by all State agencies. (b) Fiscal year reports. By each November 1, each chief procurement officer shall report to the Commission on Equity and Inclusion on all of the following for the immediately preceding fiscal year, and by each March 1 the Commission on Equity and Inclusion shall compile and report that information to the General Assembly: (1) The total number of VOSB, and the number of | ||
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(2) The total number of VOSB, and the number of | ||
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(b-5) The Commission on Equity and Inclusion shall submit an annual report to the Governor and the General Assembly that shall include the following: (1) a year-by-year comparison of the number of | ||
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(2) the obstacles, if any, the Commission on Equity | ||
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(3) a year-by-year comparison of awarded contracts to | ||
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(4) any other information that the Commission on | ||
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The Commission on Equity and Inclusion shall conduct a minimum of 2 outreach events per year to ensure that veteran-owned small businesses and service-disabled veteran-owned small businesses know about the procurement opportunities and certification requirements with the State. The Commission on Equity and Inclusion may receive appropriations for outreach. (c) Yearly review and recommendations. Each year, each chief procurement officer shall review the progress of all State agencies under its jurisdiction in meeting the goal described in subsection (a), with input from statewide veterans' service organizations and from the business community, including businesses owned by qualified veterans, and shall make recommendations to be included in the Commission on Equity and Inclusion's report to the General Assembly regarding continuation, increases, or decreases of the percentage goal. The recommendations shall be based upon the number of businesses that are owned by qualified veterans and on the continued need to encourage and promote businesses owned by qualified veterans. (d) Governor's recommendations. To assist the State in reaching the goal described in subsection (a), the Governor shall recommend to the General Assembly changes in programs to assist businesses owned by qualified veterans. (e) Definitions. As used in this Section: "Armed forces of the United States" means the United States Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard, or service in active duty as defined under 38 U.S.C. Section 101. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Act 95-202 shall also be considered service in the armed forces for purposes of this Section. "Certification" means a determination made by the Illinois Department of Veterans' Affairs and the Commission on Equity and Inclusion that a business entity is a qualified service-disabled veteran-owned small business or a qualified veteran-owned small business for whatever purpose. A SDVOSB or VOSB owned and controlled by women, minorities, or persons with disabilities, as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, may also select and designate whether that business is to be certified as a "women-owned business", "minority-owned business", or "business owned by a person with a disability", as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. "Control" means the exclusive, ultimate, majority, or sole control of the business, including but not limited to capital investment and all other financial matters, property, acquisitions, contract negotiations, legal matters, officer-director-employee selection and comprehensive hiring, operation responsibilities, cost-control matters, income and dividend matters, financial transactions, and rights of other shareholders or joint partners. Control shall be real, substantial, and continuing, not pro forma. Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management, and operations. Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business, and control shall not include simple majority or absentee ownership. "Qualified service-disabled veteran" means a veteran who has been found to have 10% or more service-connected disability by the United States Department of Veterans Affairs or the United States Department of Defense. "Qualified service-disabled veteran-owned small business" or "SDVOSB" means a small business (i) that is at least 51% owned by one or more qualified service-disabled veterans living in Illinois or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified service-disabled veterans living in Illinois; (ii) that has its home office in Illinois; and (iii) for which items (i) and (ii) are factually verified annually by the Commission on Equity and Inclusion. "Qualified veteran-owned small business" or "VOSB" means a small business (i) that is at least 51% owned by one or more qualified veterans living in Illinois or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified veterans living in Illinois; (ii) that has its home office in Illinois; and (iii) for which items (i) and (ii) are factually verified annually by the Commission on Equity and Inclusion. "Service-connected disability" means a disability incurred in the line of duty in the active military, naval, or air service as described in 38 U.S.C. 101(16). "Small business" means a business that has annual gross sales of less than $150,000,000 as evidenced by the federal income tax return of the business. A firm with gross sales in excess of this cap may apply to the Commission on Equity and Inclusion for certification for a particular contract if the firm can demonstrate that the contract would have significant impact on SDVOSB or VOSB as suppliers or subcontractors or in employment of veterans or service-disabled veterans. "State agency" has the meaning provided in Section 1-15.100 of this Code. "Time of hostilities with a foreign country" means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order. "Veteran" means a person who (i) has been a member of the armed forces of the United States or, while a citizen of the United States, was a member of the armed forces of allies of the United States in time of hostilities with a foreign country and (ii) has served under one or more of the following conditions: (a) the veteran served a total of at least 6 months; (b) the veteran served for the duration of hostilities regardless of the length of the engagement; (c) the veteran was discharged on the basis of hardship; or (d) the veteran was released from active duty because of a service connected disability and was discharged under honorable conditions. (f) Certification program. The Illinois Department of Veterans' Affairs and the Commission on Equity and Inclusion shall work together to devise a certification procedure to assure that businesses taking advantage of this Section are legitimately classified as qualified service-disabled veteran-owned small businesses or qualified veteran-owned small businesses. The Commission on Equity and Inclusion shall: (1) compile and maintain a comprehensive list of | ||
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(2) assist veteran-owned small businesses and | ||
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(3) provide training for State agencies regarding the | ||
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(4) implement and maintain an electronic portal on | ||
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The Commission on Equity and Inclusion, in consultation with the Department of Veterans' Affairs, may develop programs and agreements to encourage cities, counties, towns, townships, and other certifying entities to adopt uniform certification procedures and certification recognition programs. (f-5) A business shall be certified by the Commission on Equity and Inclusion as a service-disabled veteran-owned small business or a veteran-owned small business for purposes of this Section if the Commission on Equity and Inclusion determines that the business has been certified as a service-disabled veteran-owned small business or a veteran-owned small business by the Vets First Verification Program of the United States Department of Veterans Affairs, and the business has provided to the Commission on Equity and Inclusion the following: (1) documentation showing certification as a | ||
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(2) proof that the business has its home office in | ||
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(3) proof that the qualified veterans or qualified | ||
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The policies of the Commission on Equity and Inclusion regarding recognition of the Vets First Verification Program of the United States Department of Veterans Affairs shall be reviewed annually by the Commission on Equity and Inclusion, and recognition of service-disabled veteran-owned small businesses and veteran-owned small businesses certified by the Vets First Verification Program of the United States Department of Veterans Affairs may be discontinued by the Commission on Equity and Inclusion by rule upon a finding that the certification standards of the Vets First Verification Program of the United States Department of Veterans Affairs do not meet the certification requirements established by the Commission on Equity and Inclusion. (g) Penalties. (1) Administrative penalties. The chief procurement | ||
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(2) Reports of violations. Each State agency shall | ||
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(3) List of suspended persons. The chief procurement | ||
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(4) Use of suspended persons. During the period of a | ||
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(5) Duty to check list. Each State agency shall check | ||
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(h) On and after the effective date of this amendatory Act of the 102nd General Assembly, all powers, duties, rights, and responsibilities of the Department of Central Management Services with respect to the requirements of this Section are transferred to the Commission on Equity and Inclusion. All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act from the Department of Central Management Services to the Commission on Equity and Inclusion, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Commission on Equity and Inclusion. The powers, duties, rights, and responsibilities transferred from the Department of Central Management Services by this amendatory Act shall be vested in and shall be exercised by the Commission on Equity and Inclusion. Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Central Management Services in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act, the same shall be made, given, furnished, or served in the same manner to or upon the Commission on Equity and Inclusion. This amendatory Act of the 102nd General Assembly does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Department of Central Management Services before this amendatory Act takes effect; such actions or proceedings may be prosecuted and continued by the Commission on Equity and Inclusion. Any rules of the Department of Central Management Services that relate to its powers, duties, rights, and responsibilities under this Section and are in full force on the effective date of this amendatory Act of the 102nd General Assembly shall become the rules of the Commission on Equity and Inclusion. This amendatory Act does not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Central Management Services that are pending in the rulemaking process on the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Commission on Equity and Inclusion. As soon as practicable hereafter, the Commission on Equity and Inclusion shall revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Commission on Equity and Inclusion may propose and adopt under the Illinois Administrative Procedure Act such other rules of the Department of Central Management Services that will now be administered by the Commission on Equity and Inclusion. (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; 103-570, eff. 1-1-24; 103-746, eff. 1-1-25.) |
(30 ILCS 500/45-60)
Sec. 45-60.
Vehicles powered by agricultural
commodity-based fuel. In awarding
contracts requiring the procurement of vehicles, preference may be
given to an otherwise
qualified bidder or offeror who will fulfill the contract through
the use of vehicles powered by
ethanol produced from Illinois corn or biodiesel fuels produced
from Illinois soybeans.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-65)
Sec. 45-65. Additional preferences. This Code is subject
to applicable provisions of:
(1) the Public Purchases in Other States Act;
(2) the Illinois Mined Coal Act;
(3) the Steel Products Procurement Act;
(4) the Veterans Preference Act;
(5) the Business Enterprise for Minorities, Women, | ||
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(6) the Procurement of Domestic Products Act.
(Source: P.A. 100-391, eff. 8-25-17.)
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(30 ILCS 500/45-67) Sec. 45-67. Encouragement to hire qualified veterans. A chief procurement officer may, as part of any solicitation, encourage potential contractors to consider hiring qualified veterans and to notify them of any available financial incentives or other advantages associated with hiring such persons. In establishing internal guidelines in furtherance of this Section, the Department of Central Management Services may work with an interagency advisory committee consisting of representatives from the Department of Veterans' Affairs, the Department of Employment Security, the Department of Commerce and Economic Opportunity, and the Department of Revenue and consisting of 8 members of the General Assembly, 2 of whom are appointed by the Speaker of the House of Representatives, 2 of whom are appointed by the President of the Senate, 2 of whom are appointed by the Minority Leader of the House of Representatives, and 2 of whom are appointed by the Minority Leader of the Senate. For the purposes of this Section, "qualified veteran" means an Illinois resident who: (i) was a member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of any reserve component of the Armed Forces of the United States; (ii) served on active duty in connection with Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom; and (iii) was honorably discharged.
The Department of Central Management Services must report to the Governor and to the General Assembly by December 31 of each year on the activities undertaken by chief procurement officers and the Department of Central Management Services to encourage potential contractors to consider hiring qualified veterans. The report must include the number of vendors who have hired qualified veterans.
(Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17.) |
(30 ILCS 500/45-70) Sec. 45-70. Encouragement to hire ex-offenders. A chief procurement officer may, as part of any solicitation, encourage potential contractors to consider hiring Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances, and to notify them of any available financial incentives or other advantages associated with hiring such persons. In establishing internal guidelines in furtherance of this Section, the Department of Central Management Services may work with an interagency advisory committee consisting of representatives from the Department of Corrections, the Department of Employment Security, the Department of Juvenile Justice, the Department of Commerce and Economic Opportunity, and the Department of Revenue and consisting of 8 members of the General Assembly, 2 of whom are appointed by the Speaker of the House of Representatives, 2 of whom are appointed by the President of the Senate, 2 of whom are appointed by the Minority Leader of the House of Representatives, and 2 of whom are appointed by the Minority Leader of the Senate. The Department of Central Management Services must report to the Governor and to the General Assembly by December 31 of each year on the activities undertaken by chief procurement officers and the Department of Central Management Services to encourage potential contractors to consider hiring Illinois residents who have been discharged from an Illinois adult correctional center. The report must include the number of vendors who have hired Illinois residents who have been discharged from any Illinois adult correctional center.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/45-75) Sec. 45-75. Biobased products. When a State contract is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of biobased products may be given preference over other bidders unable to do so, provided that the cost included in the bid of biobased products is not more than 5% greater than the cost of products that are not biobased. For the purpose of this Section, a biobased product is defined as in the federal Biobased Products Preferred Procurement Program. This Section does not apply to contracts for construction projects awarded by the Capital Development Board or the Department of Transportation.
(Source: P.A. 95-71, eff. 1-1-08; 95-876, eff. 8-21-08.) |
(30 ILCS 500/45-80)
Sec. 45-80. Historic area preference. State agencies with responsibilities for leasing, acquiring, or maintaining State facilities shall take all reasonable steps to minimize any regulations, policies, and procedures that impede the goals of Section 17 of the Capital Development Board Act.
(Source: P.A. 95-101, eff. 8-13-07; 95-876, eff. 8-21-08.) |
(30 ILCS 500/45-90) Sec. 45-90. Small business contracts. (a) Not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded as a contract or subcontract to small businesses. (b) The percentage in subsection (a) relates to the total dollar amount of State contracts during each State fiscal year, calculated by examining independently each type of contract for each State official or agency which lets such contracts. (c) Each State agency shall file with its chief procurement officer an annual compliance plan which shall outline the goals for contracting with small businesses for the then-current fiscal year, the manner in which the agency intends to reach these goals, and a timetable for reaching these goals. The chief procurement officer shall review and approve the plan of the agency and may reject any plan that does not comply with this Section. (d) Each State agency shall file with its chief procurement officer an annual report of its utilization of small businesses during the preceding fiscal year, including lapse period spending and a mid-fiscal year report of its utilization to date for the then-current fiscal year. The reports shall include a self-evaluation of the efforts of the State official or agency to meet its goals. (e) The chief procurement officers shall make public presentations, at least once a year, directed at providing information to small businesses about the contracting process and how to apply for contracts or subcontracts. (f) Each chief procurement officer shall file, no later than November 1 of each year, an annual report with the Governor and the General Assembly that shall include, but need not be limited to, the following: (1) a summary of the number of contracts awarded and | ||
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(2) an analysis of the level of overall goal | ||
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(g) Each chief procurement officer may adopt rules to implement and administer this Section.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/45-95) Sec. 45-95. HUBZone business contracts. (a) For the purposes of this Section: "HUBZone business" means a business that operates and employs people in Historically Underutilized Business Zones (HUBZone) as designated by the federal HUBZone Empowerment Act. "Qualified HUBZone small business concern" means a business that qualifies under the HUBZone program administered by the United States Small Business Administration. (b) Each chief procurement officer shall establish rules, in consultation with the procuring agency, related to the eligibility of qualified HUBZone small business concerns to receive preference under this Section, and shall verify the accuracy of any information submitted by a qualified HUBZone small business concern with respect to a contract awarded under this Section. (c) The provisions of this Section shall not apply to: (1)
construction procurements; (2) construction-related services
procurements; or (3) the selection of construction-related professional services.
(Source: P.A. 100-881, eff. 1-1-19.) |
(30 ILCS 500/45-100) Sec. 45-100. Electric vehicles. For purposes of this Section, "electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, must be plugged in to charge or utilize a pre-charged battery, and is permitted to operate on public roadways. "Electric vehicle" does not include hybrid electric vehicles and extended-range electric vehicles that are also equipped with conventional fueled propulsion or auxiliary engines. For purposes of this section, "Manufactured in Illinois" means, in the case of electric vehicles, that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in Illinois. In awarding contracts requiring the procurement of electric vehicles, preference shall be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of electric vehicles manufactured in Illinois. Specifications for contracts for electric vehicles shall include a price preference of 20% for electric vehicles manufactured in Illinois. The purchasing agency may require additional information from bidders or offerors to verify whether an electric vehicle is manufactured in Illinois as defined by this Section.
(Source: P.A. 102-669, eff. 11-16-21.) |
(30 ILCS 500/45-105) (Text of Section from P.A. 103-570) Sec. 45-105. Bid preference for Illinois businesses. (a) (Blank). (b) It is hereby declared to be the public policy of the State of Illinois to promote the economy of Illinois through the use of Illinois businesses for all State construction contracts. (c) Construction agencies procuring construction and construction-related professional services shall make reasonable efforts to contract with Illinois businesses. (d) Beginning in 2022, each construction agency shall submit a report to the Governor and the General Assembly by September 1 of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. (e) In procuring construction and construction-related professional services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business as defined in this Section. The construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive a bid preference of 4% of the contract base bid. This subsection applies only to projects where a business that is not an Illinois business submits a bid. (f) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation. (g) As used in this Section, "Illinois business" means a contractor that is operating and headquartered in Illinois and providing, at the time that an invitation for a bid or notice of contract opportunity is first advertised, construction or construction-related professional services, and is operating as: (1) a sole proprietor whose primary residence is in | ||
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(2) a business incorporated or organized as a | ||
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(3) a business organized as a domestic partnership | ||
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(4) a business organized as a domestic limited | ||
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(5) a business organized under the Limited Liability | ||
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(6) a business organized under the Professional | ||
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"Illinois business" does not include any subcontractors. (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.) (Text of Section from P.A. 103-865, Article 35, Section 35-5) Sec. 45-105. Bid preference for Illinois businesses. (a) (Blank). (b) It is hereby declared to be the public policy of the State of Illinois to promote the economy of Illinois through the use of Illinois businesses for all State construction contracts. (c) Construction agencies procuring construction and construction-related professional services shall make reasonable efforts to contract with Illinois businesses. (d) Beginning in 2022, each construction agency shall submit a report to the Governor and the General Assembly by September 1 of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. (e) In procuring construction and construction-related professional services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business as defined in this Section. The construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive a bid preference of 4% of the contract base bid. This subsection applies only to projects where a business that is not an Illinois business submits a bid. (e-5) The chief procurement officer shall require at the time of submission of a bid, and may require at the chief procurement officer's option at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Illinois business and, if applicable, submit an affidavit and other supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under this Section. (e-10) If a contractor who is awarded a contract through the use of a preference for Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to disciplinary procedures as identified in Section 50-65 of this Act. (f) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation. (g) As used in this Section, "Illinois business" means a contractor that is, for at least one year prior, operating and headquartered in Illinois, subject to applicable State taxes, and providing, at the time that an invitation for a bid or notice of contract opportunity is first advertised, construction or construction-related professional services. "Illinois business" includes a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State where it is operating, headquartered, and performing construction or construction-related professional services at least one year before an invitation for a bid or notice of contract opportunity is first advertised. "Illinois business" does not include any subcontractors or businesses headquartered outside of the State that have an affiliated entity operating in the State.(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; 103-865, Article 35, Section 35-5, eff. 1-1-25.) (Text of Section from P.A. 103-865, Article 65, Section 65-5) Sec. 45-105. Bid preference for Illinois businesses. (a) (Blank). (b) It is hereby declared to be the public policy of the State of Illinois to promote the economy of Illinois through the use of Illinois businesses for all State construction contracts. (c) A construction agency, as defined in Section 1-15.25, procuring construction services shall make reasonable efforts to contract with Illinois businesses. (d) Each construction agency shall submit a report to the Governor and the General Assembly by December 1 of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. (e) In procuring construction services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business as defined in this Section. The construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive a bid preference of 4% of the contract base bid. This subsection applies only to projects where a business that is not an Illinois business submits a bid. (f) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation. (g) As used in this Section, "Illinois business" means a contractor that is operating and headquartered in Illinois and providing, at the time that an invitation for a bid or notice of contract opportunity is first advertised, construction services, and is operating as: (1) a sole proprietor whose primary residence is in | ||
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(2) a business incorporated or organized as a | ||
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(3) a business organized as a domestic partnership | ||
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(4) a business organized as a domestic limited | ||
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(5) a business organized under the Limited Liability | ||
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(6) a business organized under the Professional | ||
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"Illinois business" does not include any subcontractors. (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; 103-865, Article 65, Section 65-5, eff. 1-1-25.) |
(30 ILCS 500/45-110) Sec. 45-110. Former coal mining employees. (a) In this Section: "Abandoned mined land reclamation project" means construction or construction-related professional services that are used for reclamation projects awarded by the Department of Natural Resources under the Abandoned Mined Lands and Water Reclamation Act. "Former coal mine employee" means an individual previously employed in any capacity by a coal mining company that engaged in the extraction of coal deposits or an individual previously employed in any capacity by a coal-fired power plant. (b) In awarding contracts for Abandoned Mined Land Reclamation Projects with a total value of more than $100,000, preference shall be given to an otherwise qualified bidder who: (1) provides proof that at least 2 current employees | ||
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(2) commits to employing at least 2 former coal mine | ||
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When the Department of Natural Resources is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of former coal mine employees may be given preference over other bidders unable to do so, if the bid is not more than 2% greater than the low bid. (c) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.
(Source: P.A. 103-570, eff. 1-1-24.) |
(30 ILCS 500/Art. 50 heading) ARTICLE 50
PROCUREMENT ETHICS AND DISCLOSURE
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(30 ILCS 500/50-1)
Sec. 50-1.
Purpose.
It is the express duty of all chief procurement
officers, State purchasing officers, and their designees to maximize the value
of the expenditure of public moneys in procuring goods, services, and contracts
for the State of Illinois and to act in a manner that maintains the integrity
and public trust of State government. In discharging this duty, they are
charged to use all available information, reasonable efforts, and reasonable
actions to protect, safeguard, and maintain the procurement process of the
State of Illinois.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-2) Sec. 50-2. Continuing disclosure; false certification. Every person that has entered into a contract for more than one year in duration for the initial term or for any renewal term shall certify, by January 1 of each fiscal year covered by the contract after the initial fiscal year, to the chief procurement officer or, if the procurement is under the authority of a chief procurement officer, the applicable procurement officer of any changes that affect its ability to satisfy the requirements of this Article pertaining to eligibility for a contract award. If a contractor or subcontractor continues to meet all requirements of this Article, it shall not be required to submit any certification or if the work under the contract has been substantially completed before contract expiration but the contract has not yet expired. If a contractor or subcontractor is not able to truthfully certify that it continues to meet all requirements, it shall provide with its certification a detailed explanation of the circumstances leading to the change in certification status. A contractor or subcontractor that makes a false statement material to any given certification required under this Article is, in addition to any other penalties or consequences prescribed by law, subject to liability under the Illinois False Claims Act for submission of a false claim.
(Source: P.A. 100-43, eff. 8-9-17.) |
(30 ILCS 500/50-5)
Sec. 50-5. Bribery.
(a) Prohibition. No person or business shall be awarded a
contract or subcontract under
this Code who:
(1) has been convicted under the laws of Illinois or | ||
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(2) has made an admission of guilt of that conduct | ||
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(b) Businesses. No business shall be barred from
contracting with any unit of State or
local government, or subcontracting under such a contract, as a result of a conviction under this Section of
any employee or agent of the
business if the employee or agent is no longer employed by the
business and:
(1) the business has been finally adjudicated not | ||
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(2) the business demonstrates to the governmental | ||
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(c) Conduct on behalf of business. For purposes of this
Section, when an official, agent,
or employee of a business committed the bribery or attempted
bribery on behalf of the business
and in accordance with the direction or authorization of a responsible
official of the business, the
business shall be chargeable with the conduct.
(d) Certification. Every bid or offer submitted to every contract
executed by the State, every subcontract subject to Section 20-120 of this Code, and every vendor's submission to a vendor portal shall
contain a certification by the bidder, offeror, potential contractor, contractor, or the subcontractor, respectively, that the bidder, offeror, potential contractor, contractor or subcontractor is
not barred from being awarded a
contract or subcontract under this Section and acknowledges that the chief procurement officer may declare the related contract void if any certifications required by this Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. A bidder, offeror, potential contractor, contractor, or subcontractor who
makes a false statement, material
to the certification, commits a Class 3 felony.
(Source: P.A. 97-895, eff. 8-3-12; 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15.)
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(30 ILCS 500/50-10)
Sec. 50-10. Felons. (a) Unless otherwise provided, no person
or business convicted of
a felony shall do business with the State of Illinois or any State
agency, or enter into a subcontract, from the date of
conviction until 5 years after the date of completion of the
sentence for that felony, unless no
person held responsible by a prosecutorial office for the facts
upon which the conviction was
based continues to have any involvement with the business.
For purposes of this subsection (a), "completion of sentence" means completion of all sentencing related to the felony conviction or admission and includes, but is not limited to, the following: incarceration, mandatory supervised release, probation, work release, house arrest, or commitment to a mental facility. (b) Every bid or offer submitted to the State, every contract executed by the State, every subcontract subject to Section 20-120 of this Code, and every vendor's submission to a vendor portal shall contain a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the chief procurement officer may declare the related contract void if any of the certifications required by this Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-10.5) (Text of Section before amendment by P.A. 103-865) Sec. 50-10.5. Prohibited bidders, offerors, potential contractors, and contractors. (a) Unless otherwise provided, no business shall bid, offer, enter into a
contract or subcontract under this Code, or make a submission to a vendor portal if the business or any
officer, director, partner, or other managerial agent of the business has been
convicted of a felony under the Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a
period of 5 years from
the date of conviction. (b) Every bid and offer submitted to the State, every contract executed by the State, every vendor's submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred
from being awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer shall declare the related contract void
if any of
the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. (c) If a business is not a natural person, the prohibition in subsection (a)
applies only if: (1) the business itself is convicted of a felony | ||
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(2) the business is ordered to pay punitive damages | ||
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(d) A natural person who is convicted of a felony referenced in subsection
(a) remains subject to Section 50-10. (e) No person or business shall bid, offer, make a submission to a vendor portal, or enter into a contract under this Code if the person or business assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents. This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices, (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies, or (iii) asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the solicitation. Nothing in this Section prohibits a vendor developing technology, goods, or services from bidding or offering to supply that technology or those goods or services if the subject demonstrated to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing in this Section prohibits a person performing construction-related services from initiating contact with a business that performs construction for the purpose of obtaining market costs or production time to determine the estimated costs to complete the construction project. For purposes of this subsection (e), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, or manager of a business. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business who contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need. (Source: P.A. 100-43, eff. 8-9-17.) (Text of Section after amendment by P.A. 103-865) Sec. 50-10.5. Prohibited bidders, offerors, potential contractors, and contractors. (a) Unless otherwise provided, no business shall bid, offer, enter into a contract or subcontract under this Code, or make a submission to a vendor portal if the business or any officer, director, partner, or other managerial agent of the business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a period of 5 years from the date of conviction. (b) Every bid and offer submitted to the State, every contract executed by the State, every vendor's submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the chief procurement officer shall declare the related contract void if any of the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. (c) If a business is not a natural person, the prohibition in subsection (a) applies only if: (1) the business itself is convicted of a felony | ||
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(2) the business is ordered to pay punitive damages | ||
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(d) A natural person who is convicted of a felony referenced in subsection (a) remains subject to Section 50-10. (e) No person or business shall bid, offer, make a submission to a vendor portal, or enter into a contract under this Code if the person or business assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents. This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices, (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies, or (iii) asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the solicitation. Nothing in this Section prohibits a vendor developing technology, goods, or services from bidding or offering to supply that technology or those goods or services if the subject demonstrated to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing in this Section prohibits a person performing construction-related services from initiating contact with a business that performs construction for the purpose of obtaining market costs or production time to determine the estimated costs to complete the construction project. For purposes of this subsection (e), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, or manager of a business. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business who contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need. Nothing in this subsection (e) shall prohibit a person or business from submitting an unsolicited proposal under Section 19 of the Public-Private Partnerships for Transportation Act. (Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) If a person submits a bid or offer for, enters into a contract or subcontract under this Code, or makes a submission to a vendor portal and that person knows or should know that he or she or
any affiliate is
delinquent in the payment of any debt to the State, that person or affiliate must cure the debt delinquency within 7 calendar days by satisfying the entire debt, or the person or
affiliate must enter into a deferred payment plan to pay off the debt, subject to the Comptroller's ability to process the payment, or must be actively disputing or seeking a resolution of the debt. For purposes of this
Section, the phrase "delinquent in the payment of any debt" shall be determined
by the Debt Collection Bureau.
For purposes of this Section, the term "affiliate" means any entity that (1)
directly,
indirectly, or constructively controls another entity, (2) is directly,
indirectly, or
constructively controlled by another entity, or (3) is subject to the control
of
a common
entity. For purposes of this subsection (a), a person controls an entity if the
person owns,
directly or individually, more than 10% of the voting securities of that
entity.
As used in
this subsection (a), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(b) Every bid and offer submitted to the State, every vendor's submission to a vendor portal, every contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, respondent, potential contractor, contractor or the subcontractor and its
affiliate is not barred
from being awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer may declare the related contract void if
any of the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/50-12)
Sec. 50-12. Collection and remittance of Illinois Use Tax.
(a) No person shall enter into a contract with a State agency or enter into a subcontract under this
Code
unless the person and all affiliates of the person collect and remit Illinois
Use Tax on all
sales of tangible personal property into the State of Illinois in accordance
with the
provisions of the Illinois Use Tax Act regardless of whether the person or
affiliate is a
"retailer maintaining a place of business within this State" as defined in
Section 2 of the
Use Tax Act. For purposes of this Section, the term "affiliate" means any
entity that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (a), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that entity.
As used in
this subsection (a), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(b) Every bid and offer submitted to the State, every submission to a vendor portal, every contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain
a
certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, respondent, potential contractor, contractor, or subcontractor is not
barred from
bidding for or entering into a contract under subsection (a) of this Section
and
acknowledges that the chief procurement officer may declare
the
related contract void if any of the certifications completed pursuant to this subsection (b) are
false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/50-13)
Sec. 50-13. Conflicts of interest.
(a) Prohibition. It is unlawful for any person holding an
elective office in this State,
holding a seat in the General Assembly, or appointed to or
employed in any of the offices or
agencies of State government and who receives compensation for such employment
in excess of 60% of the salary of the Governor of the State of Illinois, or who
is an officer or employee of
the Capital Development
Board or the Illinois Toll Highway Authority, or who is the spouse
or minor child of any such
person to have or acquire any contract, or any direct pecuniary
interest in any contract therein,
whether for stationery, printing, paper, or any services,
materials, or supplies, that will be
wholly or partially satisfied by the payment of funds appropriated
by the General Assembly of
the State of Illinois or in any contract of the Capital
Development Board or the Illinois Toll
Highway Authority.
(b) Interests. It is unlawful for any firm, partnership,
association, or corporation, in
which any person listed in subsection (a) is entitled to receive (i) more than
7 1/2% of the total
distributable income or (ii) an amount in excess of the salary of the Governor,
to have or acquire any
such contract or direct pecuniary interest therein.
(c) Combined interests. It is unlawful for any firm, partnership,
association, or corporation, in which any person listed in subsection (a)
together with his or her spouse or minor children is entitled to receive (i)
more than 15%, in the aggregate, of the total distributable income or (ii) an
amount in excess of 2 times the salary of the Governor, to have or acquire any
such contract or direct pecuniary interest therein.
(c-5) Appointees and firms. In addition to any provisions of this Code,
the interests of certain
appointees and their firms are subject to Section 3A-35 of the Illinois
Governmental Ethics Act.
(d) Securities. Nothing in this Section invalidates the
provisions of any bond or other
security previously offered or to be offered for sale or sold by
or for the State of Illinois.
(e) Prior interests. This Section does not affect the
validity of any contract made
between the State and an officer or employee of the State or
member of the General Assembly,
his or her spouse, minor child, or other immediate family member living in
his or her residence or any
combination of those persons
if that contract was in
existence before his or her election or employment as an officer,
member, or employee. The
contract is voidable, however, if it cannot be completed within 365 calendar
days after the officer, member,
or employee takes office or is employed.
(f) Exceptions.
(1) Public aid payments. This Section does not apply | ||
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(2) Teaching. This Section does not apply to a | ||
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(3) Ministerial duties. This Section does not apply | ||
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(4) Child and family services. This Section does not | ||
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(5) Licensed professionals. Contracts with licensed | ||
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(g) Penalty. A person convicted of a violation of this Section is guilty of
a business offense and shall be fined not less than $1,000 nor more than
$5,000.
(Source: P.A. 101-81, eff. 7-12-19.)
|
(30 ILCS 500/50-14)
Sec. 50-14. Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business found by a court or
the Pollution Control Board to have committed a willful or knowing violation of
the Environmental Protection Act shall do business with the State
of Illinois or any State agency or enter into a subcontract that is subject to this Code from the date of the order containing the
finding of violation until 5 years after that date, unless the person or
business can show that no person involved in the violation continues to have
any involvement with the business.
(b) A person or business otherwise barred from doing business with the
State of Illinois or any State agency or subcontracting under this Code by subsection (a) may be allowed to do
business with the State of Illinois or any State agency if it is shown that
there is no practicable alternative to the State to contracting with that
person or business.
(c) Every bid or offer submitted to the State, every contract executed by the State, every submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is
not barred from being awarded a contract or subcontract under this Section and acknowledges that the contracting State agency may declare the related
contract void if any of the certifications completed pursuant to this subsection (c) are
false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
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(30 ILCS 500/50-14.5) Sec. 50-14.5. Lead Poisoning Prevention Act violations. Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act are prohibited from doing business with the State of Illinois or any State agency, or subcontracting under this Code, until the violation is mitigated.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).) |
(30 ILCS 500/50-15)
Sec. 50-15.
Negotiations.
(a) It is unlawful for any person employed in or on a continual contractual
relationship with any of the offices or agencies of State government to
participate in contract negotiations on behalf of that office or agency with
any firm, partnership,
association, or corporation with whom that person has a contract for future
employment or is negotiating concerning possible future employment.
(b) Any person convicted of a violation of this Section is guilty of a
business offense and shall be fined not less than $1,000 nor more than
$5,000.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-17) Sec. 50-17. Expatriated entities. (a) Except as provided in subsection (b) of this Section, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency under this Code if that business or any member of the unitary business group is an expatriated entity. (b) An expatriated entity or a member of a unitary business group with an expatriated entity as a member may submit a bid for or enter into a contract with a State agency under this Code if the appropriate chief procurement officer determines that either of the following apply: (1) the contract is awarded as a sole source | ||
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(2) the purchase is of pharmaceutical products, | ||
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(Source: P.A. 100-551, eff. 1-1-18.) |
(30 ILCS 500/50-20)
Sec. 50-20. Exemptions. The appropriate chief
procurement officer may file a request with the Executive Ethics Commission to exempt named individuals from the
prohibitions of
Section 50-13 when, in his or her judgment, the public interest in
having
the
individual in the service of the State outweighs the public policy evidenced in
that Section. The Executive Ethics Commission may grant an exemption after a public hearing at which any person may present testimony. The chief procurement officer shall publish notice of the date, time, and location of the hearing in the online electronic Bulletin at least 14 calendar days prior to the hearing and provide notice to the individual subject to the waiver, the Procurement Policy Board, and the Commission on Equity and Inclusion. The Executive Ethics Commission shall also provide public notice of the date, time, and location of the hearing on its website. If the Commission grants an exemption, the exemption is effective only if it is filed with the
Secretary of State and the Comptroller prior to the execution of any contract and includes a statement setting forth
the name of the individual and all the pertinent facts that would make that
Section applicable, setting forth the reason for the exemption, and declaring
the individual exempted from that Section.
Notice of each exemption shall be published in the Illinois Procurement
Bulletin. A contract for which a waiver has been issued but has not been filed in accordance with this Section is voidable by the State. The changes to this Section made by this amendatory Act of the 96th General Assembly shall apply to exemptions granted on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22.)
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(30 ILCS 500/50-21) Sec. 50-21. Bond issuances. (a) A State agency shall not enter into a contract with respect to the issuance of bonds or other securities by the State or a State agency with any entity that uses an independent consultant. As used in this subsection, "independent consultant" means a person used by the entity to obtain or retain securities business through direct or indirect communication by the person with a State official or employee on behalf of the entity when the communication is undertaken by the person in exchange for or with the understanding of receiving payment from the entity or another person. "Independent consultant" does not include (i) a finance professional employed by the entity or (ii) a person whose sole basis of compensation from the entity is the actual provision of legal, accounting, or engineering advice, services, or assistance in connection with the securities business that the entity seeks to obtain or retain. (b) Prior to entering into a contract with a State agency with respect to the issuance of bonds or other securities by the State or a State agency, a contracting party subject to the Municipal Securities Rulemaking Board's Rule G-37, or a successor rule, shall include a certification that the contracting entity is and shall remain for the duration of the contract in compliance with the Rule's requirements for reporting political contributions. Subsequent failure to remain in compliance shall make the contract voidable by the State. (c) If a federal agency finds that an entity has knowingly violated in Illinois the Municipal Securities Rulemaking Board's Rule G-37 (or any successor rule) with respect to the making of prohibited political contributions or payments, then the chief procurement officer shall impose a penalty that is at least twice the fine assessed against that entity by the federal agency. The chief procurement officer shall also bar that entity from participating in any State agency contract with respect to the issuance of bonds or other securities for a period of one year. The one-year period shall begin upon the expiration of any debarment period imposed by a federal agency. If no debarment is imposed by a federal agency, then the one-year period shall begin on the date the chief procurement officer is advised of the violation. If a federal agency finds that an entity has knowingly violated in Illinois the Municipal Securities Rulemaking Board's Rule G-38 (or any successor rule) with respect to the prohibition on obtaining or retaining municipal securities business, then the chief procurement officer shall bar that entity from participating in any State agency contract with respect to the issuance of bonds or other securities for a period of one year. The one-year period shall begin upon the expiration of any debarment period imposed by a federal agency. If no debarment is imposed by a federal agency, then the one-year period shall begin on the date the chief procurement officer is advised of the violation.
(d) Nothing in this Section shall be construed to apply retroactively, but shall apply prospectively on and after the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of P.A. 96-795).) |
(30 ILCS 500/50-25)
Sec. 50-25. Inducement. Any person who offers or pays
any money or other valuable
thing to any person to induce him or her not to provide a submission to a vendor portal, bid, or submit an offer for a State
contract or as recompense for not
having bid on or submitted an offer for a State contract or provided a submission to a vendor portal is guilty of a Class 4 felony. Any
person who accepts any money
or other valuable thing for not bidding or submitting an offer for a State contract, not making a submission to a vendor portal, or
who withholds a bid, offer, or submission to vendor portal in
consideration of the promise for the payment of money or other
valuable thing is guilty of a
Class 4 felony.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/50-30)
Sec. 50-30. Revolving door prohibition.
(a) Chief procurement officers, State
purchasing
officers, procurement compliance monitors, their designees whose principal duties are directly related to State
procurement, and executive officers confirmed by the Senate are expressly
prohibited for a period of 2 years after terminating an affected position from
engaging in any procurement activity relating to the State agency most recently
employing them in an affected position for a period of at least 6 months. The
prohibition includes but is not limited to: lobbying the procurement process;
specifying; bidding; proposing bid, proposal, or contract documents; on their
own behalf or on behalf of any firm, partnership, association, or corporation.
This subsection applies only to persons who terminate an
affected position on or
after January 15, 1999.
(b) In addition to any other
provisions of this Code, employment of former State employees is subject to the
State Officials and Employees Ethics Act.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/50-35) Sec. 50-35. Financial disclosure and potential conflicts of interest. (a) All bids and offers from responsive bidders, offerors, vendors, or contractors with an annual value that exceeds the small purchase threshold established under subsection (a) of Section 20-20 of this Code, and all submissions to a vendor portal, shall be accompanied by disclosure of the financial
interests of the bidder, offeror, potential contractor, or contractor and each subcontractor to be used. In addition, all subcontracts identified as provided by Section 20-120 of this Code with an annual value that exceeds the small purchase threshold established under subsection (a) of Section 20-20 of this Code shall be accompanied by disclosure of the financial
interests of each subcontractor. The financial disclosure of
each successful bidder, offeror, potential contractor, or contractor and its subcontractors shall be incorporated as a material term of the contract and shall become
part of the publicly available contract or procurement file
maintained by the appropriate chief procurement officer. Each disclosure under this Section shall be signed and made under penalty of perjury by an authorized officer or employee on behalf of the bidder, offeror, potential contractor, contractor, or subcontractor, and must be filed with the Procurement Policy Board and the Commission on Equity and Inclusion. (b) Disclosure shall include any
ownership or distributive income share that is in excess of 5%, or an amount
greater than 60% of the annual salary of the Governor, of the disclosing entity
or its parent entity, whichever is less, unless the bidder, offeror, potential contractor, contractor, or subcontractor
(i) is a
publicly traded entity subject to Federal 10K reporting, in which case it may
submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a privately held
entity that is exempt from Federal 10k reporting but has more than 100
shareholders, in which case it may submit the information that Federal 10k
reporting companies are required to report under 17 CFR 229.401 and list the
names of any person or entity holding any ownership share that is in excess of
5% in place of the prescribed disclosure. The form of disclosure shall
be prescribed by the applicable chief procurement officer and must include at
least the names,
addresses, and dollar or proportionate share of ownership of each person
identified in this Section, their instrument of ownership or beneficial
relationship, and notice of any potential conflict of interest resulting from
the current ownership or beneficial relationship of each individual identified in
this Section having in addition any of the following relationships: (1) State employment, currently or in the previous 3 | ||
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(2) State employment of spouse, father, mother, son, | ||
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(3) Elective status; the holding of elective office | ||
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(4) Relationship to anyone holding elective office | ||
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(5) Appointive office; the holding of any appointive | ||
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(6) Relationship to anyone holding appointive office | ||
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(7) Employment, currently or in the previous 3 years, | ||
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(8) Relationship to anyone who is or was a registered | ||
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(9) Compensated employment, currently or in the | ||
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(10) Relationship to anyone; spouse, father, mother, | ||
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(b-1) The disclosure required under this Section must also include the name and address of each lobbyist required to register under the Lobbyist Registration Act and other agent of the bidder, offeror, potential contractor, contractor, or subcontractor who is not identified under subsections (a) and (b) and who has communicated, is communicating, or may communicate with any State officer or employee concerning the bid or offer. The disclosure under this subsection is a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the contract if the bid or offer is successful. (b-2) The disclosure required under this Section must also include, for each of the persons identified in subsection (b) or (b-1), each of the following that occurred within the previous 10 years: suspension or debarment from contracting with any governmental entity; professional licensure discipline; bankruptcies; adverse civil judgments and administrative findings; and criminal felony convictions. The disclosure under this subsection is a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the contract if the bid or offer is successful. (c) The disclosure in subsection (b) is not intended to prohibit or prevent
any
contract. The disclosure is meant to fully and publicly disclose any potential
conflict to the chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately discharge their duty
to protect the State. (d) When a potential for a conflict of interest is identified, discovered, or reasonably suspected, the chief procurement officer or State procurement officer shall send the contract to the Procurement Policy Board and the Commission on Equity and Inclusion. In accordance with the objectives of subsection (c), if the Procurement Policy Board or the Commission on Equity and Inclusion finds evidence of a potential conflict of interest not originally disclosed by the bidder, offeror, potential contractor, contractor, or subcontractor, the Board or the Commission on Equity and Inclusion shall provide written notice to the bidder, offeror, potential contractor, contractor, or subcontractor that is identified, discovered, or reasonably suspected of having a potential conflict of interest. The bidder, offeror, potential contractor, contractor, or subcontractor shall have 15 calendar days to respond in writing to the Board or the Commission on Equity and Inclusion, and a hearing before the Board or the Commission on Equity and Inclusion will be granted upon request by the bidder, offeror, potential contractor, contractor, or subcontractor, at a date and time to be determined by the Board or the Commission on Equity and Inclusion, but which in no event shall occur later than 15 calendar days after the date of the request. Upon consideration, the Board or the Commission on Equity and Inclusion shall recommend, in writing, whether to allow or void the contract, bid, offer, or subcontract weighing the best interest of the State of Illinois. All recommendations shall be submitted to the Executive Ethics Commission. Those recommendations made concerning conflicts identified in the course of a procurement for a public institution of higher education are, for procurements having a cumulative value under $5,000, valid and enforceable, for one calendar year after the initial recommendation was made, for all subsequent conflicts for that vendor with regard to the same public institution of higher education. The Executive Ethics Commission must hold a public hearing within 30 calendar days after receiving the Board's or the Commission on Equity and Inclusion's recommendation if the Procurement Policy Board or the Commission on Equity and Inclusion makes a recommendation to (i) void a contract or (ii) void a bid or offer and the chief procurement officer selected or intends to award the contract to the bidder, offeror, or potential contractor. A chief procurement officer is prohibited from awarding a contract before a hearing if the Board or the Commission on Equity and Inclusion recommendation does not support a bid or offer. The recommendation and proceedings of any hearing, if applicable, shall be available to the public. (e) These thresholds and disclosure do not relieve the chief procurement
officer, the State purchasing officer, or
their designees from reasonable care and diligence for any contract, bid,
offer, or submission to a vendor portal. The chief procurement officer, the State purchasing officer, or
their designees shall be
responsible for using any reasonably known and publicly available information
to
discover any undisclosed potential conflict of interest and act to protect the
best interest of the State of Illinois. (f) Inadvertent or accidental failure to fully disclose shall render the
contract, bid, offer, proposal, subcontract, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and, at his or her discretion, may
be cause for barring from future contracts, bids, offers, proposals, subcontracts, or
relationships with the State for a period of up to 2 years. (g) Intentional, willful, or material failure to disclose shall render the
contract, bid, offer, proposal, subcontract, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and shall result in debarment from
future contracts, bids, offers, proposals, subcontracts, or relationships for a period of not less
than 2 years and not more than 10 years. Reinstatement after 2 years and
before 10 years must be reviewed and commented on in writing by the Governor
of the State of Illinois, or by an executive ethics board or commission he or
she
might designate. The comment shall be returned to the responsible chief
procurement officer who must
rule in writing whether and when to reinstate. (h) In addition, all disclosures shall note any other current or pending
contracts, bids, offers, proposals, subcontracts, leases, or other ongoing procurement relationships the bidder, offeror, potential contractor, contractor, or subcontractor has with any other unit of State
government and shall clearly identify the unit and the contract, offer, proposal,
lease, or other relationship. (i) The bidder, offeror, potential contractor, or contractor has a continuing obligation to supplement the disclosure required by this Section throughout the bidding process during the term of any contract, and during the vendor portal registration process. (j) If a bid or offer is received from a responsive bidder, offeror, vendor, contractor, or subcontractor with an annual value of more than $100,000 and the bidder, offeror, vendor, contractor, or subcontractor has an active contract with that same entity and already has submitted their financial disclosures and potential conflicts of interest within the last 12 months, the bidder, offeror, vendor, contractor, or subcontractor may submit a signed affidavit attesting that the original submission of its financial disclosures and potential conflicts of interests has not been altered or changed. The form and content of the affidavit shall be prescribed by the applicable chief procurement officer. (Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23; 102-1119, eff. 1-23-23.) |
(30 ILCS 500/50-36) Sec. 50-36. Disclosure of business in Iran. (a) As used in this Section:
"Business operations" means engaging in commerce
in any form in Iran, including, but not limited to,
acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce. "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability company, or other entity or business
association, including all wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates
of those entities or business associations, that exists for
the purpose of making profit. "Mineral-extraction activities" include exploring,
extracting, processing, transporting, or wholesale selling or
trading of elemental minerals or associated metal alloys or
oxides (ore), including gold, copper, chromium, chromite,
diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. "Oil-related activities" include, but are not
limited to, owning rights to oil blocks; exporting,
extracting, producing, refining, processing, exploring for,
transporting, selling, or trading of oil; and constructing,
maintaining, or operating a pipeline, refinery, or other
oil-field infrastructure. The mere retail sale of gasoline and
related consumer products is not considered an oil-related
activity. "Petroleum resources" means petroleum, petroleum
byproducts, or natural gas. "Substantial action" means adopting, publicizing,
and implementing a formal plan to cease scrutinized business
operations within one year and to refrain from any such new
business operations. (b) Each bid or offer submitted for a State contract, other than a small purchase defined in Section 20-20, shall include a disclosure of whether or not the bidder, offeror, or any of its corporate parents or subsidiaries, within the 24 months before submission of the bid or offer had
business operations that involved contracts with or provision
of supplies or services to the Government of Iran, companies
in which the Government of Iran has any direct or indirect
equity share, consortiums or projects commissioned by the
Government of Iran, or companies involved in consortiums or
projects commissioned by the Government of Iran and: (1) more than 10% of the company's revenues produced | ||
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(2) the company has, on or after August 5, 1996, made | ||
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(c) A bid or offer that does not include the disclosure required by subsection (b) may be given a period after the bid or offer is submitted to cure non-disclosure. A chief procurement officer may consider the disclosure when evaluating the bid or offer or awarding the contract. (d) Each chief procurement officer shall provide the State Comptroller with the name of each entity disclosed under subsection (b) as doing business or having done business in Iran. The State Comptroller shall post that information on his or her official website.
(Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/50-37) Sec. 50-37. Prohibition of political contributions. (a) As used in this Section: The terms "contract", "State contract", and "contract | ||
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"Contribution" means a contribution as defined in | ||
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"Declared candidate" means a person who has filed a | ||
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"State agency" means and includes all boards, | ||
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"Officeholder" means the Governor, Lieutenant | ||
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"Affiliated person" means (i) any person with any | ||
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"Affiliated entity" means (i) any corporate parent | ||
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"Business entity" means any entity doing business for | ||
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"Executive employee" means (i) the President, | ||
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(b) Any business entity whose contracts with State agencies, in the aggregate, total more than $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committees established to promote the candidacy of (i) the officeholder responsible for awarding the contracts or (ii) any other declared candidate for that office. This prohibition shall be effective for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer. (c) Any business entity whose aggregate pending bids and offers on State contracts total more than $50,000, or whose aggregate pending bids and offers on State contracts combined with the business entity's aggregate total value of State contracts exceed $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committee established to promote the candidacy of the officeholder responsible for awarding the contract on which the business entity has submitted a bid or offer during the period beginning on the date the invitation for bids, request for proposals, or any other procurement opportunity is issued and ending on the day after the date the contract is awarded. (c-5) For the purposes of the prohibitions under subsections (b) and (c) of this Section, (i) any contribution made to a political committee established to promote the candidacy of the Governor or a declared candidate for the office of Governor shall also be considered as having been made to a political committee established to promote the candidacy of the Lieutenant Governor, in the case of the Governor, or the declared candidate for Lieutenant Governor having filed a joint petition, or write-in declaration of intent, with the declared candidate for Governor, as applicable, and (ii) any contribution made to a political committee established to promote the candidacy of the Lieutenant Governor or a declared candidate for the office of Lieutenant Governor shall also be considered as having been made to a political committee established to promote the candidacy of the Governor, in the case of the Lieutenant Governor, or the declared candidate for Governor having filed a joint petition, or write-in declaration of intent, with the declared candidate for Lieutenant Governor, as applicable. (d) All contracts between State agencies and a business entity that violate subsection (b) or (c) shall be voidable under Section 50-60. If a business entity violates subsection (b) 3 or more times within a 36-month period, then all contracts between State agencies and that business entity shall be void, and that business entity shall not bid or respond to any invitation to bid or request for proposals from any State agency or otherwise enter into any contract with any State agency for 3 years from the date of the last violation. A notice of each violation and the penalty imposed shall be published in both the Procurement Bulletin and the Illinois Register. (e) Any political committee that has received a contribution in violation of subsection (b) or (c) shall pay an amount equal to the value of the contribution to the State no more than 30 calendar days after notice of the violation concerning the contribution appears in the Illinois Register. Payments received by the State pursuant to this subsection shall be deposited into the general revenue fund.(Source: P.A. 103-570, eff. 1-1-24; 103-600, eff. 7-1-24.) |
(30 ILCS 500/50-38) Sec. 50-38. Lobbying restrictions. (a) A person or business that is let or awarded a contract is not entitled to receive any payment, compensation, or other remuneration from the State to compensate the person or business for any expenses related to travel, lodging, or meals that are paid by the person or business to any officer, agent, employee, consultant, independent contractor, director, partner, manager, or shareholder. (b) Any bidder, offeror, potential contractor, or contractor on a State contract that hires a person required to register under the Lobbyist Registration Act to assist in obtaining a contract shall (i) disclose all costs, fees, compensation, reimbursements, and other remunerations paid or to be paid to the lobbyist related to the contract, (ii) not bill or otherwise cause the State of Illinois to pay for any of the lobbyist's costs, fees, compensation, reimbursements, or other remuneration, and (iii) sign a verification certifying that none of the lobbyist's costs, fees, compensation, reimbursements, or other remuneration were billed to the State. This information, along with all supporting documents, shall be filed with the agency awarding the contract and with the Secretary of State. The chief procurement officer shall post this information, together with the contract award notice, in the online Procurement Bulletin. (c) Ban on contingency fee. No person or entity shall retain a person or entity required to register under the Lobbyist Registration Act to attempt to influence the outcome of a procurement decision made under this Code for compensation contingent in whole or in part upon the decision or procurement. Any person who violates this subsection is guilty of a business offense and shall be fined not more than $10,000. (Source: P.A. 98-1076, eff. 1-1-15.) |
(30 ILCS 500/50-39) (Text of Section before amendment by P.A. 103-865) Sec. 50-39. Procurement communications reporting requirement. (a) Any written or oral communication received by a State employee who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract and that imparts or requests material information or makes a material argument regarding potential action concerning an active procurement matter, including, but not limited to, an application, a contract, or a project, shall be reported to the Procurement Policy Board, and, with respect to the Illinois Power Agency, by the initiator of the communication, and may be reported also by the recipient. Any person communicating orally, in writing, electronically, or otherwise with the Director or any person employed by, or associated with, the Illinois Power Agency to impart, solicit, or transfer any information related to the content of any power procurement plan, the manner of conducting any power procurement process, the procurement of any power supply, or the method or structure of contracting with power suppliers must disclose to the Procurement Policy Board the full nature, content, and extent of any such communication in writing by submitting a report with the following information: (1) The names of any party to the communication. (2) The date on which the communication occurred. (3) The time at which the communication occurred. (4) The duration
of the communication. (5) The method (written, oral, etc.) of the | ||
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(6) A summary of the substantive content of the | ||
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These communications do not include the following: (i) statements by a person publicly made in a public forum; (ii) statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; (iii) statements made by a State employee of the agency to the agency head or other employees of that agency, to the employees of the Executive Ethics Commission, or to an employee of another State agency who, through the communication, is either (a) exercising his or her experience or expertise in the subject matter of the particular procurement in the normal course of business, for official purposes, and at the initiation of the purchasing agency or the appropriate State purchasing officer, or (b) exercising oversight, supervisory, or management authority over the procurement in the normal course of business and as part of official responsibilities; (iv) unsolicited communications providing general information about products, services, or industry best practices before those products or services become involved in a procurement matter; (v) communications received in response to procurement solicitations, including, but not limited to, vendor responses to a request for information, request for proposal, request for qualifications, invitation for bid, or a small purchase, sole source, or emergency solicitation, or questions and answers posted to the Illinois Procurement Bulletin to supplement the procurement action, provided that the communications are made in accordance with the instructions contained in the procurement solicitation, procedures, or guidelines; (vi) communications that are privileged, protected, or confidential under law; and (vii) communications that are part of a formal procurement process as set out by statute, rule, or the solicitation, guidelines, or procedures, including, but not limited to, the posting of procurement opportunities, the process for approving a procurement business case or its equivalent, fiscal approval, submission of bids, the finalizing of contract terms and conditions with an awardee or apparent awardee, and similar formal procurement processes. The provisions of this Section shall not apply to communications regarding the administration and implementation of an existing contract, except communications regarding change orders or the renewal or extension of a contract. The reporting requirement does not apply to any communication asking for clarification regarding a contract solicitation so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the contract solicitation. (b) The report required by subsection (a) shall be submitted monthly and include at least the following: (i) the date and time of each communication; (ii) the identity of each person from whom the written or oral communication was received, the individual or entity represented by that person, and any action the person requested or recommended; (iii) the identity and job title of the person to whom each communication was made; (iv) if a response is made, the identity and job title of the person making each response; (v) a detailed summary of the points made by each person involved in the communication; (vi) the duration of the communication; (vii) the location or locations of all persons involved in the communication and, if the communication occurred by telephone, the telephone numbers for the callers and recipients of the communication; and (viii) any other pertinent information. No trade secrets or other proprietary or confidential information shall be included in any communication reported to the Procurement Policy Board. (c) Additionally, when an oral communication made by a person required to register under the Lobbyist Registration Act is received by a State employee that is covered under this Section, all individuals who initiate or participate in the oral communication shall submit a written report to that State employee that memorializes the communication and includes, but is not limited to, the items listed in subsection (b). (d) The Procurement Policy Board shall make each report submitted pursuant to this Section available on its website within 7 calendar days after its receipt of the report. The Procurement Policy Board may promulgate rules to ensure compliance with this Section. (e) The reporting requirements shall also be conveyed through ethics training under the State Officials and Employees Ethics Act. An employee who knowingly and intentionally violates this Section shall be subject to suspension or discharge. The Executive Ethics Commission shall promulgate rules, including emergency rules, to implement this Section. (f) This Section becomes operative on January 1, 2011. (g) For purposes of this Section: "Active procurement matter" means a procurement process beginning with requisition or determination of need by an agency and continuing through the publication of an award notice or other completion of a final procurement action, the resolution of any protests, and the expiration of any protest or Procurement Policy Board review period, if applicable. "Active procurement matter" also includes communications relating to change orders, renewals, or extensions. "Material information" means information that a reasonable person would deem important in determining his or her course of action and pertains to significant issues, including, but not limited to, price, quantity, and terms of payment or performance. "Material argument" means a communication that a reasonable person would believe was made for the purpose of influencing a decision relating to a procurement matter. "Material argument" does not include general information about products, services, or industry best practices or a response to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies. (Source: P.A. 100-43, eff. 8-9-17.) (Text of Section after amendment by P.A. 103-865) Sec. 50-39. Procurement communications reporting requirement. (a) Any written or oral communication received by a State employee who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract and that imparts or requests material information or makes a material argument regarding potential action concerning an active procurement matter, including, but not limited to, an application, a contract, or a project, shall be reported to the Procurement Policy Board, and, with respect to the Illinois Power Agency, by the initiator of the communication, and may be reported also by the recipient. Any person communicating orally, in writing, electronically, or otherwise with the Director or any person employed by, or associated with, the Illinois Power Agency to impart, solicit, or transfer any information related to the content of any power procurement plan, the manner of conducting any power procurement process, the procurement of any power supply, or the method or structure of contracting with power suppliers must disclose to the Procurement Policy Board the full nature, content, and extent of any such communication in writing by submitting a report with the following information: (1) The names of any party to the communication. (2) The date on which the communication occurred. (3) The time at which the communication occurred. (4) The duration of the communication. (5) The method (written, oral, etc.) of the | ||
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(6) A summary of the substantive content of the | ||
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These communications do not include the following: (i) statements by a person publicly made in a public forum; (ii) statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; (iii) statements made by a State employee of the agency to the agency head or other employees of that agency, to the employees of the Executive Ethics Commission, or to an employee of another State agency who, through the communication, is either (a) exercising his or her experience or expertise in the subject matter of the particular procurement in the normal course of business, for official purposes, and at the initiation of the purchasing agency or the appropriate State purchasing officer, or (b) exercising oversight, supervisory, or management authority over the procurement in the normal course of business and as part of official responsibilities; (iv) communications providing general information about a firm's products or services or industry best practices provided those products or services are not directly related to an open procurement matter; (v) communications received in response to procurement solicitations, including, but not limited to, vendor responses to a request for information, request for proposal, request for qualifications, invitation for bid, or a small purchase, sole source, or emergency solicitation, or questions and answers posted to the Illinois Procurement Bulletin to supplement the procurement action, provided that the communications are made in accordance with the instructions contained in the procurement solicitation, procedures, or guidelines; (vi) communications that are privileged, protected, or confidential under law; (vii) communications that are part of a formal procurement process as set out by statute, rule, or the solicitation, guidelines, or procedures, including, but not limited to, the posting of procurement opportunities, the process for approving a procurement business case or its equivalent, fiscal approval, submission of bids, the finalizing of contract terms and conditions with an awardee or apparent awardee, and similar formal procurement processes; and (viii) communications about proposal deficiencies as provided under Section 35 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. The provisions of this Section shall not apply to communications regarding the administration and implementation of an existing contract, except communications regarding change orders or the renewal or extension of a contract. The reporting requirement does not apply to any communication asking for clarification regarding a contract solicitation so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the contract solicitation. (b) The report required by subsection (a) shall be submitted monthly and include at least the following: (i) the date and time of each communication; (ii) the identity of each person from whom the written or oral communication was received, the individual or entity represented by that person, and any action the person requested or recommended; (iii) the identity and job title of the person to whom each communication was made; (iv) if a response is made, the identity and job title of the person making each response; (v) a detailed summary of the points made by each person involved in the communication; (vi) the duration of the communication; (vii) the location or locations of all persons involved in the communication and, if the communication occurred by telephone, the telephone numbers for the callers and recipients of the communication; and (viii) any other pertinent information. No trade secrets or other proprietary or confidential information shall be included in any communication reported to the Procurement Policy Board. (c) Additionally, when an oral communication made by a person required to register under the Lobbyist Registration Act is received by a State employee that is covered under this Section, all individuals who initiate or participate in the oral communication shall submit a written report to that State employee that memorializes the communication and includes, but is not limited to, the items listed in subsection (b). (d) The Procurement Policy Board shall make each report submitted pursuant to this Section available on its website within 7 calendar days after its receipt of the report. The Procurement Policy Board may promulgate rules to ensure compliance with this Section. (e) The reporting requirements shall also be conveyed through ethics training under the State Officials and Employees Ethics Act. An employee who knowingly and intentionally violates this Section shall be subject to suspension or discharge. The Executive Ethics Commission shall promulgate rules, including emergency rules, to implement this Section. (f) This Section becomes operative on January 1, 2011. (g) For purposes of this Section: "Active procurement matter" means a procurement process beginning with requisition or determination of need by an agency and continuing through the publication of an award notice or other completion of a final procurement action, the resolution of any protests, and the expiration of any protest or Procurement Policy Board review period, if applicable. "Active procurement matter" also includes communications relating to change orders, renewals, or extensions. "Material information" means information that a reasonable person would deem important in determining his or her course of action and pertains to significant issues, including, but not limited to, price, quantity, and terms of payment or performance. "Material argument" means a communication that a reasonable person would believe was made for the purpose of influencing a decision relating to a procurement matter. "Material argument" does not include general information about products, services, or industry best practices or a response to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies. (Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/50-40)
Sec. 50-40. Reporting and anticompetitive practices. When, for any reason,
any
vendor, bidder, offeror, potential contractor, contractor, chief procurement officer, State purchasing
officer, designee, elected official, or State
employee suspects collusion or other anticompetitive practice among any
bidders, offerors, potential contractors, contractors, or employees of the State, a notice
of the relevant facts shall be transmitted to the appropriate Inspector General, the Attorney General, and the
chief procurement officer.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-45)
Sec. 50-45. Confidentiality. Any chief procurement officer, State
purchasing officer, designee, executive officer, or State employee
who willfully uses or allows the use of specifications,
competitive solicitation documents, proprietary competitive information,
contracts, or selection information to compromise the fairness or integrity of
the procurement or contract process shall be subject to immediate
dismissal, regardless of the Personnel Code, any contract, or any
collective bargaining agreement, and may in addition be subject to criminal
prosecution.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-50)
Sec. 50-50.
Insider information.
It is unlawful for any current or
former elected or appointed State official or State employee to knowingly use
confidential information available only by virtue of that office or employment
for actual or anticipated gain for themselves or another person.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-55)
Sec. 50-55.
Supply inventory.
Every State agency shall
inventory or stock no more
than a 12-month need of equipment, supplies, commodities, articles,
and other items, except as
otherwise authorized by the State agency's regulations. Every
State agency shall periodically
review its inventory to ensure compliance with this Section. If,
upon review, an agency
determines it has more than a 12-month supply of any equipment,
supplies, commodities, or
other items, the agency shall undertake transfers of the
oversupplied items or other action
necessary to maintain compliance with this Section. This Section
shall not apply to lifesaving
medications, mechanical spare parts, and items for which the
supplier requires a minimum order
stipulation.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-57) (This Section may contain text from a Public Act with a delayed effective date) Sec. 50-57. Curability. (a) If, during an active procurement, a violation or deficiency of this Code, or of the procurement rules, regulations, policies, or practices promulgated by a chief procurement officer under this Code occurs, then, at the request of the State purchasing officer and agency head, the chief procurement officer may determine that curing the violation or deficiency is in the best interest of the State. The request to cure shall be in writing and include a clear description of the violation or deficiency. The State purchasing officer and agency head shall request a cure only when the integrity, transparency, and efficiency of the procurement can be maintained. In making a determination, the chief procurement officer shall consider the harm to stakeholders and the value to the State in permitting the cure and the seriousness of the violation or deficiency. The determination shall be in writing and include the basis for permitting or denying the request. If a cure is permitted, the determination shall include a clear description of the action necessary to cure the violation or deficiency. (b) The chief procurement officer shall post all determinations on his or her official website within 14 days after completion of the procurement. The chief procurement officer shall report to the Governor and General Assembly, by no later than November 1 of each year, a summary of determinations for the previous fiscal year. Permitting a cure does not absolve any person, as defined in Section 1-15.55, from any penalties in law. Each chief procurement officer may adopt rules to implement and administer this Section.(Source: P.A. 103-865, eff. 1-1-25.) |
(30 ILCS 500/50-60)
Sec. 50-60. Voidable contracts.
(a) If any contract or amendment thereto is entered into or purchase
or expenditure of funds is made at any time in violation of this Code or any other law,
the contract or amendment thereto may be declared void by the chief procurement officer or may be
ratified and affirmed,
provided the chief procurement officer determines that ratification is in the
best interests of the
State. If the contract is ratified and affirmed, it shall be without prejudice
to the State's rights to any appropriate damages.
(b) If, during the term of a contract, the chief procurement officer determines
that the contractor is delinquent in the payment of debt as set forth in
Section 50-11 of this Code, the chief procurement officer may declare the contract void if
it determines that voiding the contract is in the best interests of the State.
The Debt Collection Bureau shall adopt rules for the implementation of this
subsection (b).
(c) If, during the term of a contract, the chief procurement officer determines
that the contractor is in violation of Section 50-10.5 of this Code, the
chief procurement officer shall declare the contract void.
(d) If, during the term of a contract, the contracting agency learns from an annual certification or otherwise determines that the contractor no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the contract void if it determines that voiding the contract is in the best interests of the State. (e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State. However, the related contract shall not be declared void unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontractor no longer qualifies to enter into State contracts by reason of one of the Sections listed in this subsection. (f) The changes to this Section made by Public Act 96-795 apply to actions taken by the chief procurement officer on or after July 1, 2010. (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.) |
(30 ILCS 500/50-65)
Sec. 50-65. Suspension. Any contractor or subcontractor may be suspended for
violation of this Code or for failure to conform to specifications or terms of
delivery. Suspension shall be for cause and may be for a period of up to
10
years at the discretion of the applicable chief procurement officer.
Contractors or subcontractors may be debarred in accordance with rules promulgated by the chief
procurement officer or as otherwise provided by law.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
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(30 ILCS 500/50-70)
Sec. 50-70. Additional provisions. This Code is subject
to applicable provisions of
the following Acts:
(1) Article 33E of the Criminal Code of 2012;
(2) the Illinois Human Rights Act;
(3) the Discriminatory Club Act;
(4) the Illinois Governmental Ethics Act;
(5) the State Prompt Payment Act;
(6) the Public Officer Prohibited Activities Act;
(7) the Drug Free Workplace Act;
(8) the Illinois Power Agency Act; (9)
the Employee Classification Act;
(10) the State Officials and Employees Ethics Act; | ||
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(11) the Department of Employment Security Law. (Source: P.A. 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15.)
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(30 ILCS 500/50-75)
Sec. 50-75.
Other violations.
(a) Any chief procurement officer, State purchasing officer, or designee
who willfully
violates or allows the violation of this Code shall be subject to
immediate dismissal, regardless of the Personnel Code, any contract,
or any collective bargaining agreement.
(b) Except as otherwise provided in this Code, whoever violates this Code or
the rules promulgated under it is guilty of a Class A misdemeanor.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-80) Sec. 50-80. Sexual harassment policy. Each bidder who submits a bid or offer for a State contract under this Code shall have a sexual harassment policy in accordance with paragraph (4) of subsection (A) of Section 2-105 of the Illinois Human Rights Act. A copy of the policy shall be provided to the State agency entering into the contract upon request.
(Source: P.A. 100-698, eff. 1-1-19.) |
(30 ILCS 500/50-85) Sec. 50-85. Diversity training. Each chief procurement officer, State purchasing officer, procurement compliance monitor, applicable support staff of each chief procurement officer, State agency purchasing and contracting staff, those identified under subsection (c) of Section 5-45 of the State Officials and Employees Ethics Act who have the authority to participate personally and substantially in the award of State contracts, and any other State agency staff with substantial procurement and contracting responsibilities as determined by the chief procurement officer, in consultation with the State agency, shall complete annual training for diversity and inclusion. Each chief procurement officer shall prescribe the program of diversity and inclusion training appropriate for each chief procurement officer's jurisdiction.
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-5); 102-687, eff. 12-17-21.) |
(30 ILCS 500/50-90) Sec. 50-90. Certifications. All contracts under this Code with an annual value that exceeds $50,000 annually shall be accompanied by Standard Illinois Certifications in a form prescribed by each chief procurement officer.
(Source: P.A. 102-721, eff. 1-1-23.) |
(30 ILCS 500/Art. 53 heading) ARTICLE 53
CONCESSIONS
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(30 ILCS 500/53-10)
Sec. 53-10. Concessions and leases of State property and no-cost contracts.
(a) Except for property under the jurisdiction of a public institution of
higher education, concessions, including the assignment, license, sale, or
transfer of
interests in or rights to discoveries, inventions, patents, or copyrightable
works, may be entered into by the State agency with jurisdiction over the
property, whether tangible or intangible.
(b) Except for property under the jurisdiction of a public institution of
higher education, all leases of State property and concessions shall be reduced to writing and shall be
awarded under
the provisions of Article 20, except that the contract shall be awarded to the
highest bidder or best bidder or offeror when the State receives a lease payment, a percentage of sales from the lessee, or in-kind support from the lessee based on the return to the State.
(c) Except for property under the jurisdiction of a public institution of higher education, all no-cost procurements shall be reduced to writing and shall be awarded under the provisions of Article 20 of this Code. All awards of no-cost procurements shall identify the estimated business value to the lessee and the value to the State. (Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/53-20)
Sec. 53-20.
Contract duration and terms.
Except for property under the
jurisdiction of a public institution of higher education, the duration and
terms of
concessions and leases of State property shall be in accordance with this Code
or other applicable law.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/53-25)
Sec. 53-25. Public institutions of higher education. (a) Each public
institution of higher education may enter into concessions, including the
assignment, license, sale, or transfer of interests in or rights to
discoveries, inventions, patents, or copyrightable works, for property,
whether tangible or intangible, over which it has jurisdiction. Concessions
shall be reduced to writing and shall be awarded at the discretion of the
institution with jurisdiction over the property. Notice of the award of a concession shall be
published in the higher education volume of the Illinois Procurement Bulletin.
(b) The duration and terms of concessions and leases for personal property shall be at the discretion of the institution with jurisdiction over the property. (c) Notwithstanding any other provision of law, if the Illinois Finance Authority issues bonds for the financing of buildings, structures, or facilities that are determined by the governing board of a public institution of higher education to be either required by or necessary for the use or benefit of that public institution of higher education, then the duration of any lease for real property entered into by that public institution of higher education, as lessee or lessor, in connection with the issuance of those bonds shall be at the discretion of that public institution of higher education. (Source: P.A. 98-90, eff. 7-15-13.)
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(30 ILCS 500/53-30)
Sec. 53-30.
Illinois State Toll Highway Authority.
The Illinois State Toll
Highway Authority may enter into contracts, leases, licenses, or agreements for
a term
not to exceed 25 years that relate to the grant of concessions or the leasing
of any part of
a toll highway for motor fuel service stations and facilities, garages, stores,
or restaurants.
Nothing in this Section shall be construed to apply to properties in which the
Illinois
State Toll Highway Authority is the lessee.
(Source: P.A. 91-684, eff. 1-26-00.)
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(30 ILCS 500/53-150)
Sec. 53-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
(30 ILCS 500/Art. 55 heading) ARTICLE 55
MISCELLANEOUS PROVISIONS
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(30 ILCS 500/55-5)
Sec. 55-5.
References to repealed provisions.
After
the effective date of this Act,
all references to the provisions of law repealed by this Act
shall be construed, where necessary and appropriate,
as references to the Illinois Procurement Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/55-10)
Sec. 55-10. Exclusive exercise of powers. On and after
120 calendar days following the effective date of this Act, the
powers granted under this Code shall be exercised exclusively as
granted under this Code, and
no State agency may concurrently exercise any such power, unless
specifically authorized
otherwise by a later enacted law. This Code is not intended to
impair any contract entered into
before the effective date of this Act.
(Source: P.A. 98-1076, eff. 1-1-15.)
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(30 ILCS 500/55-15)
Sec. 55-15.
Severability.
If any provision of this Code
or any application of it to any
person or circumstance is held invalid, that invalidity shall not
affect other provisions or
applications of this Code that can be given effect without the
invalid provision or application,
and to this end the provisions of this Code are declared to be
severable.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/55-20) Sec. 55-20. Contracts for food donation; food donation policy. (a) After the effective date of this amendatory Act of the 99th General Assembly, a public entity shall not enter into a contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the public entity from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.
(b) Each State agency that purchases food through a contract procured in accordance with this Code shall adopt a policy that permits the donation of leftover food purchased with State funds. The policy shall address any daily food operations run by the agency, including one-time events, and shall contain a list of nearby soup kitchens, food pantries, and other non-profit organizations where leftover food can be donated. Each State agency shall circulate its policy to all agency employees, and submit its food donation policy to the Department of Central Management Services on an annual basis beginning December 31, 2018. (Source: P.A. 102-82, eff. 7-9-21.) |
(30 ILCS 500/55-25) (Section scheduled to be repealed on January 1, 2025) Sec. 55-25. State Procurement Task Force. (a) There is hereby created the State Procurement Task Force. (b) The task force shall survey the State procurement process and make recommendations to: (i) ensure that the process is equitable and efficient; (ii) provide departments with the flexibility needed to be successful; (iii) change the current structure of the procurement process; (iv) update the process to reflect modern procurement methods; (v) increase women-owned and minority-owned business participation; (vi) increase participation by Illinois vendors; and (vii) reduce costs and increase efficiency of State procurements. (c) The task force shall consist of the following members: (1) 4 members of the House of Representatives, | ||
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(2) 4 members of the Senate, appointed by the | ||
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(3) 3 members of the House of Representatives, | ||
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(4) 3 members of the Senate, appointed by the | ||
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(5) 1 member representing State institutions of | ||
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(6) 1 member representing State institutions of | ||
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(7) 5 members representing vendors, with one each | ||
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(8) 5 members of the public representing women-owned | ||
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(9) 1 member from the Department of Central | ||
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(10) 1 member from the Department of Transportation, | ||
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(11) 1 member from the Department of Information and | ||
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(12) 1 Chief Procurement Officer, appointed by the | ||
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(13) the Chairperson of the Commission on Equity and | ||
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(d) Members of the task force shall serve without compensation for the duration of the task force. (e) As soon as practicable after all members have been appointed, the task force shall hold its first meeting. The task force shall hold at least 7 meetings. (f) The Procurement Policy Board shall provide administrative and other support to the task force. (g) The task force shall from time to time submit reports of its findings and recommendations on its survey of State procurement processes to the Governor and the General Assembly. By February 1, 2023, the task force shall submit a report to the Governor and General Assembly reporting findings and recommendations specifically including any proposed recommendations to: (i) alter the current structure and number of Chief Procurement Officers; (ii) enact or modify cure periods in the Procurement Code that allow a potentially successful vendor to correct technical deficiencies in the vendor's bid; (iii) enact measures that increase efficiency, modernization, or reduce costs within the procurement system; and (iv) increase women-owned and minority-owned business participation. On or before January 1, 2024, the task force shall submit a report of its findings and recommendations on its survey of State procurement processes to the Governor and the General Assembly. (h) This Section is repealed on January 1, 2025.
(Source: P.A. 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.) |
(30 ILCS 500/Art. 95 heading) ARTICLE 95
AMENDATORY AND REPEALING PROVISIONS
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(30 ILCS 500/95-5)
Sec. 95-5.
(Amendatory provisions; text omitted).
(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)
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(30 ILCS 500/95-10)
Sec. 95-10.
The State Comptroller Act is amended by
repealing Sections 11 and 15.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-15)
Sec. 95-15.
The Civil Administrative Code of Illinois
is amended by repealing Sections 29, 30, 35.7b, 67.01, and
67.04.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-17)
Sec. 95-17.
(Amendatory provisions; text omitted).
(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)
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(30 ILCS 500/95-20)
Sec. 95-20.
The Public Employment Office Act
is
amended by repealing Section 13.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-22)
Sec. 95-22.
(Amendatory provisions; text omitted).
(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)
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(30 ILCS 500/95-25)
Sec. 95-25.
The Illinois Purchasing Act is
repealed.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-30)
Sec. 95-30.
The State Paper Purchasing Act is
repealed.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-35)
Sec. 95-35.
(Amendatory provisions; text omitted).
(Source: P.A. 90-572, eff. date - See Sec. 99-5; text omitted.)
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(30 ILCS 500/95-37)
Sec. 95-37.
The Real Estate Leasing Act is repealed.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/95-40)
Sec. 95-40.
The State Vehicle Mileage Act is
repealed.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/Art. 99 heading) ARTICLE 99
EFFECTIVE DATE
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(30 ILCS 500/99-5)
Sec. 99-5.
Effective date and transition.
This Article, Sections 1-15
through 1-15.115 of Article 1, and Article 50
take effect upon becoming law.
Articles 1 through 45 and 53 through 95 take effect January 1, 1998, solely for
the purpose of
allowing the promulgation of rules to implement the Illinois Procurement Code.
The Procurement Policy Board established in Article 5 may be appointed as of
January 1, 1998, and until July 1, 1998, shall act only to review proposed
purchasing rules. Articles 1 through 45 and 53 through 95 for all other
purposes take effect on
July 1, 1998.
(Source: P.A. 90-572, eff. 2-6-98.)
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