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90_HB0292
5 ILCS 420/2-105 new
5 ILCS 420/2-111 new
5 ILCS 420/2-115 new
25 ILCS 50/4 from Ch. 63, par. 42.34
25 ILCS 170/5.5 new
30 ILCS 505/6 from Ch. 127, par. 132.6
30 ILCS 505/6.10 new
Amends the Illinois Governmental Ethics Act, the Fiscal
Note Act, the Lobbyist Registration Act, and the Illinois
Purchasing Act. Prohibits former State employees, whose
duties directly related to procurement, from doing
substantially similar business with their former State agency
for 2 years. Prohibits current and former State employees
from using confidential information, available due to their
employment, for personal gain. Limits the cost of meals per
person paid for by the State at State-sponsored events.
Requires the fiscal notes prepared for legislation to include
detailed information as to calculations. Prohibits lobbyists
from providing legislators with gifts and honoraria.
Requires the use of competitive sealed bidding in awarding
certain State contracts for repairs, commodities, and
equipment in excess of $10,000. Increases from one year to
10 years for the maximum period that a contractor may be
suspended for violating competitive procurement procedures or
failing to conform to contract specifications or delivery
terms.
LRB9000299MWpcA
LRB9000299MWpcA
1 AN ACT concerning State funds and funds received by State
2 officials and employees, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Governmental Ethics Act is
6 amended by adding Sections 2-105, 2-111, and 2-115 as
7 follows:
8 (5 ILCS 420/2-105 new)
9 Sec. 2-105. Meal expense limits. State funds shall not
10 be used to provide or reimburse the cost of meals at an event
11 sponsored in whole or in part by the State beyond the
12 following per person limits: $10 for breakfast; $15 for
13 lunch; and $20 for dinner.
14 (5 ILCS 420/2-111 new)
15 Sec. 2-111. Business with former State employees. Former
16 State employees whose duties with the State were directly
17 related to procurement are prohibited from doing business
18 that is substantially similar to their prior duties with the
19 State agency formerly employing them for a period of 2 years
20 from the termination of their employment with the State.
21 (5 ILCS 420/2-115 new)
22 Sec. 2-115. Use of confidential information. No current
23 or former State employee shall knowingly use confidential
24 information available only by virtue of that employment for
25 actual or anticipated personal gain or for the actual or
26 anticipated personal gain of another person.
27 Section 10. The Fiscal Note Act is amended by changing
28 Section 4 as follows:
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1 (25 ILCS 50/4) (from Ch. 63, par. 42.34)
2 Sec. 4. The note shall be factual in nature, as brief and
3 concise as may be, and shall provide a reliable estimate in
4 dollars and, in addition, it shall include both the immediate
5 effect and, if determinable or reasonably foreseeable, the
6 long range effect of the measure. If, after careful
7 investigation, it is determined that no dollar estimate is
8 possible, the note shall contain a statement to that effect,
9 setting forth the reasons why no dollar estimate can be
10 given. The note shall also contain all background detail used
11 in completing the note, including all calculations,
12 assumptions, averages, and time frames used. A brief summary
13 or work sheet of computations used in arriving at fiscal note
14 figures shall be included.
15 (Source: Laws 1965, p. 858.)
16 Section 15. The Lobbyist Registration Act is amended by
17 adding Section 5.5 as follows:
18 (25 ILCS 170/5.5 new)
19 Sec. 5.5. Gifts and honoraria to legislators. No
20 lobbyist may make a gift or honorarium to a member of the
21 General Assembly. For the purpose of this Section:
22 (1) Honorarium means payment for a speech or
23 presentation made by the recipient.
24 (2) Gift means any tangible item or service of
25 value, other than travel, lodging, meals, beverages, and
26 other entertainment, given without consideration.
27 Section 20. The Illinois Purchasing Act is amended by
28 changing Section 6 and adding Section 6.10 as follows:
29 (30 ILCS 505/6) (from Ch. 127, par. 132.6)
30 Sec. 6. State agencies may provide that prospective
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1 contractors be prequalified to determine their
2 responsibility, as required by this Act. State agencies shall
3 also provide, among other matters which are not in conflict
4 with the policies and principles herein set forth:
5 a. That all purchases, contracts and expenditure of
6 funds shall be awarded pursuant to a competitive selection
7 procedure, except as provided in Section 6.10, which may
8 provide that contracts be awarded to the lowest responsible
9 bidder considering conformity with specifications, terms of
10 delivery, quality and serviceability, except as provided in
11 paragraphs e, f, g and h of this Section.
12 However, a competitive selection procedure need not be
13 followed in the following cases:
14 (1) Where the goods or services to be procured are
15 economically procurable from only one source, such as
16 contracts for local exchange telephone service,
17 electrical energy, and other public utility services,
18 books, pamphlets and periodicals, and specially designed
19 business and research equipment and related supplies.
20 (2) Where the services required are for
21 professional or artistic skills pursuant to a written
22 contract.
23 (3) In emergencies involving public health, public
24 safety, or where immediate expenditure is necessary for
25 repairs to State property in order to protect against
26 further loss of or damage to State property, to prevent
27 or minimize serious disruption in State services or to
28 insure the integrity of State records.
29 (4) In case of expenditures for personal services
30 paid to employees or officers of a State agency. As used
31 in this paragraph, "personal services" has the meaning
32 ascribed to that term in Section 14 of the State Finance
33 Act.
34 (5) Contracts for repairs, maintenance, remodeling,
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1 renovation, or construction of a single project involving
2 an expenditure not to exceed $10,000 and not involving a
3 change or increase in the size, type or extent of an
4 existing facility.
5 (6) Contracts for repairs, maintenance, or any
6 other services not specifically exempt from a competitive
7 selection procedure under this Act where individual
8 orders for such services do not exceed $10,000 $25,000.
9 (7) Purchases of commodities and equipment where
10 individual orders do not exceed $10,000 are less than
11 $25,000.
12 (8) Contracts for the maintenance or servicing of,
13 or provision of repair parts for equipment which are made
14 with the manufacturers or authorized service agent of
15 that equipment where the provision of parts, maintenance
16 or servicing can best be performed by the manufacturer or
17 authorized service agent or such a contract would
18 otherwise be advantageous to the State, but the exception
19 provided in this sub-paragraph (8) does not apply to the
20 subdivisions of work listed in paragraph a-1-a of this
21 Section.
22 (9) Where the goods or services are procured from
23 another governmental agency.
24 (10) Purchases and contracts for the use, purchase,
25 delivery, movement or installation of data processing
26 equipment, software or services and telecommunications
27 and inter-connect equipment, software and services.
28 (11) Personal service contracts made by members,
29 officers, committees, or commissions of the General
30 Assembly.
31 (12) Any contract for duplicating machines and
32 supplies.
33 (13) Any contract for the purchase of natural gas
34 when the cost is less than that offered by a public
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1 utility.
2 (14) Any contract for State Lottery tickets or
3 shares or for other State Lottery game related services.
4 (15) Purchases of and contracts for office
5 equipment and associated supplies when such contracts
6 provide for prices that are equal to or lower than
7 Federal General Services Administration contracts and
8 when such contracts or pricing result in economical
9 advantage to the State.
10 (16) Purchases and contracts by the Department of
11 State Police for the use, purchase or installation of
12 forensic science laboratory analytical equipment and
13 analytical data processing equipment used for forensic
14 science laboratory purposes only, including equipment
15 which is microprocessor controlled or controllable, and
16 its software. Prior to the purchase of or contract for
17 such equipment, the Director of the Department of State
18 Police shall certify to the Comptroller and the Auditor
19 General that such equipment is necessary and an integral
20 component of the Department of State Police's statutory
21 investigatory duties and that competitive bidding will
22 hamper such statutory duties. Such certification shall
23 include the prices of and specifications of the equipment
24 to be purchased or contracted for and the prices,
25 specifications and reasons for rejection of comparative
26 equipment by the Department of State Police. The
27 Comptroller shall file such certification with any
28 purchase vouchers or files maintained for the purchase.
29 The Auditor General shall require such certification to
30 be noted in audits performed at his direction.
31 (17) Purchases and contracts by the Department of
32 Nuclear Safety for the use, purchase or installation of
33 radiochemistry laboratory equipment, instruments and
34 equipment used to detect radiation or radioactivity, and
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1 data processing equipment used for purposes of detecting
2 radiation or radioactivity. Prior to the purchase of or
3 contract for such equipment, the Director of the
4 Department of Nuclear Safety shall certify to the
5 Comptroller that such equipment is necessary and an
6 integral component of the Department of Nuclear Safety's
7 emergency response or radiation monitoring programs and
8 that competitive bidding will hamper such programs. Such
9 certification shall include the prices of and
10 specifications of the equipment to be purchased or
11 contracted for and the prices, specifications and reasons
12 for rejection of comparable equipment by the Department
13 of Nuclear Safety. The Comptroller shall file such
14 certification with any purchase vouchers or files
15 maintained for the purchase.
16 a-1. In case of contracts for the construction of
17 buildings, or for other construction work in or about
18 buildings and grounds, where the entire estimated cost of
19 such work exceeds $25,000, State agencies may provide that
20 prospective contractors, as well as architects and engineers
21 employed in connection with such projects, be prequalified to
22 determine their responsibility. Such prequalification may
23 require, without limitation, that the applicant for
24 prequalification list all public works contracts he has
25 performed within 2 years of the date of application, or the 4
26 most recent public works contracts he has performed,
27 whichever is fewer, and state whether he complied with the
28 Illinois Wage Assignment Act in performing such contracts.
29 Such statement shall be made under oath or affirmation and if
30 made falsely is punishable as perjury under Section 32-2 of
31 the Criminal Code of 1961.
32 a-1-a. Separate specifications shall be prepared, with
33 the exception of the Cardinal Creek Housing project and 2
34 grade schools associated with the Scott Joint-Use Airport in
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1 St. Clair County which shall be permitted, as a one-time
2 exclusion, to allow turn-key development of the required
3 facilities on the basis of competitive quality, performance,
4 and price, for all equipment, labor and materials in
5 connection with the following 5 subdivisions of the work to
6 be performed:
7 1. Plumbing.
8 2. Heating, piping, refrigeration and automatic
9 temperature control systems, including the testing and
10 balancing of such systems.
11 3. Ventilating and distribution systems for
12 conditioned air, including the testing and balancing of
13 such systems.
14 4. Electric wiring.
15 5. General contract work.
16 Such specifications may be so drawn as to permit separate
17 and independent selection upon each of the above 5
18 subdivisions of work; provided, however, if the total
19 estimated cost of all such work is less than $100,000, such
20 separate and independent specifications and selection shall
21 not be required. All contracts awarded for any part thereof
22 shall award the 5 subdivisions of such work separately to
23 responsible and reliable persons, firms or corporations
24 engaged in these classes of work. Such contracts, at the
25 discretion of the awarding authority, may be assigned to the
26 successful contractor on the general contract work, or to the
27 successful contractor on the subdivision of work designated
28 by the awarding authority prior to beginning the selection
29 process as the prime subdivision of work; provided that all
30 payments will be made directly to the contractors for the 5
31 subdivisions of such work upon compliance with the conditions
32 of the contract. A contract may be let for one or more
33 buildings in any project to the same contractor. The
34 specifications shall require, however, that unless the
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1 buildings are identical, a separate price shall be submitted
2 for each building. The contract may be awarded competitively
3 for each or all of the buildings included in the
4 specifications.
5 Whenever any contract entered into by a State agency for
6 the repair, remodeling, renovation or construction of a
7 building or structure or for the construction or maintenance
8 of a highway, as those terms are defined in Article 2 of the
9 Illinois Highway Code, or for the reclamation of abandoned
10 lands as those terms are defined in Article I of the
11 Abandoned Mined Lands and Water Reclamation Act, provides for
12 retention of a percentage of the contract price until final
13 completion and acceptance of the work, upon the request of
14 the contractor and with the approval of the State agency the
15 amount so retained may be deposited under a trust agreement
16 with an Illinois bank of the contractor's choice and subject
17 to the approval of the State agency. The contractor shall
18 receive any interest thereon. Upon application by the
19 contractor, the trust agreement must contain, as a minimum,
20 the following provisions:
21 A. the amount to be deposited subject to the trust;
22 B. the terms and conditions of payment in case of
23 default of the contractor;
24 C. the termination of the trust agreement upon
25 completion of the contract; and
26 D. the contractor shall be responsible for
27 obtaining the written consent of the bank trustee, and
28 any costs or service fees shall be borne by the
29 contractor.
30 The trust agreement may, at the discretion of the State
31 agency and upon request of the contractor, become operative
32 at the time of the first partial payment in accordance with
33 existing statutes and the State agency procedures.
34 a-2. In case of contracts for the purchase of supplies,
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1 materials, commodities and equipment, wherever feasible
2 proposals shall be required to be itemized as to kind and the
3 solicitation for proposals shall state, with such degree of
4 particularity as the nature of the case permits, the quantity
5 of each item required.
6 a-3. That all contracts for the rental or lease of
7 electronic data processing equipment shall include a clause
8 that if more favorable terms are granted by the lessor,
9 supplier, dealer, or manufacturer to any similar state or
10 local governmental agency in any state in contemporaneous
11 leases or rental agreements covering data processing
12 equipment let under the same or similar financial terms and
13 circumstances, the more favorable terms shall be applicable
14 to all agreements or contracts made by any similar Illinois
15 state agency for the rental or lease of comparable data
16 processing equipment from the lessor, supplier, dealer, or
17 manufacturer.
18 b. That competitive procurement procedures shall be in
19 conformance with accepted business practices.
20 c. That proposals shall be publicly opened at the day
21 and hour and at the place specified in the solicitations.
22 d. That any contractor may be suspended for not more
23 than 10 years one year for violation of the competitive
24 procurement procedures or the competitive sealed bidding
25 process of any State agency or for failure to conform to
26 specifications or terms of delivery.
27 e. When a public contract is to be awarded under
28 competitive selection procedures or competitive sealed
29 bidding, a resident contractor must be allowed a preference
30 as against a non-resident bidder from any state which gives
31 or requires a preference to contractors from that state. The
32 preference is to be equal to the preference given or required
33 by the state of the non-resident contractor. Further, if
34 only non-resident contractors are under consideration, the
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1 purchasing agency is within its right to specify that
2 Illinois labor and manufacturing locations be used as a part
3 of the manufacturing process, if applicable. This
4 specification may be negotiated, as part of the solicitation
5 process.
6 f. "Resident contractor" as used in this Section means a
7 person authorized to transact business in this State and
8 having a bona fide establishment for transacting business
9 within this State at which it was actually transacting
10 business on the date when any competitive solicitation for a
11 public contract is first advertised or announced, including a
12 foreign corporation duly authorized to transact business in
13 this State which has a bona fide establishment for
14 transacting business within this State at which it was
15 actually transacting business on the date when any
16 competitive solicitation for a public contract is first
17 advertised or announced.
18 g. Paragraphs e and f of this Section do not apply to
19 any contract for any project as to which federal funds are
20 available for expenditure when such paragraphs may be in
21 conflict with federal law or federal regulation.
22 h. When a public contract is to be awarded under
23 competitive procurement procedures or competitive sealed
24 bidding, an otherwise qualified bidder who will fulfill the
25 contract through the use of products made of recycled
26 materials may, on a pilot basis or pursuant to a pilot study,
27 be given preference over other contractors unable to do so,
28 provided that the cost included in the proposal of products
29 made of recycled materials is not more than 10% greater than
30 the cost of such products not made of recycled materials.
31 i. That every contract for the provision of goods or
32 services shall provide that the vendor or contractor shall
33 maintain, for a minimum of 5 years after the completion of
34 the contract, adequate books, records, and supporting
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1 documents to verify the amounts, recipients, and uses of all
2 disbursements of funds passing in conjunction with the
3 contract; that the contract and all books, records, and
4 supporting documents related to the contract shall be
5 available for review and audit by the Auditor General; and
6 that the contractor agrees to cooperate fully with any audit
7 conducted by the Auditor General and to provide full access
8 to all relevant materials. Failure to maintain the books,
9 records, and supporting documents required by this Section
10 shall establish a presumption in favor of the State for the
11 recovery of any funds paid by the State under the contract
12 for which adequate books, records, and supporting
13 documentation are not available to support their purported
14 disbursement.
15 (Source: P.A. 87-847; 87-860; 87-991; 87-1113; 88-45.)
16 (30 ILCS 505/6.10 new)
17 Sec. 6.10. Competitive sealed bidding.
18 (a) A contract described in subsection (a)(5), (6), or
19 (7) of Section 6 except that it exceeds $10,000 shall be
20 awarded by competitive sealed bidding.
21 (b) An invitation for bids shall be issued and shall
22 include a purchase description and the material contractual
23 terms and conditions applicable to the procurement.
24 (c) Public notice of the invitation for bids shall be
25 published in the State newspaper at least 2 weeks before the
26 date set in the invitation for the opening of bids.
27 (d) Bids shall be opened publicly in the presence of one
28 or more witnesses at the time and place designated in the
29 invitation for bids. The name of each bidder, the amount of
30 each bid, and other relevant information shall be recorded.
31 After the award of the contract, each bid and the record of
32 each bid shall be open to public inspection.
33 (e) Bids shall be unconditionally accepted without
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1 alteration or correction, except as authorized in subsection
2 (f). Bids shall be evaluated based on the requirements set
3 forth in the invitation for bids, which may include criteria
4 to determine acceptability such as inspection, testing,
5 quality, workmanship, delivery, and suitability for a
6 particular purpose. Those criteria that will affect the bid
7 price and be considered in evaluation for award, such as
8 discounts, transportation costs, and total or life cycle
9 costs, shall be objectively measurable. The invitation for
10 bids shall set forth the evaluation criteria to be used. Only
11 criteria set forth in the invitation for bids may be used in
12 the bid evaluation.
13 (f) Correction or withdrawal of inadvertently erroneous
14 bids before or after award, or cancellation of awards of
15 contracts based on bid mistakes, shall be permitted in
16 accordance with rules of the purchasing agency. After bid
17 opening, no changes in bid prices or other provisions of bids
18 prejudicial to the interest of the State or fair competition
19 shall be permitted. All decisions to permit the correction
20 or withdrawal of bids based on bid mistakes shall be
21 supported by written determination made by the purchasing
22 agency.
23 (g) The contract shall be awarded with reasonable
24 promptness by written notice to the lowest responsible and
25 responsive bidder whose bid meets the requirements and
26 criteria set forth in the invitation for bids, subject to
27 subsections (e), (f), and (h) of Section 6.
28 (h) When it is considered impracticable to initially
29 prepare a purchase description to support an award based on
30 price, an invitation for bids may be issued requesting the
31 submission of unpriced offers to be followed by an invitation
32 for bids limited to those bidders whose offers have been
33 qualified under the criteria set forth in the first
34 solicitation.