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90_HB1481ham002
LRB9002279KDmbam01
1 AMENDMENT TO HOUSE BILL 1481
2 AMENDMENT NO. . Amend House Bill 1481 on page 1, by
3 replacing lines 14 through 17 with the following:
4 "Section 1-10. Application.
5 (a) This Code applies only to procurements for which
6 contractors were first solicited on or after July 1, 1998.
7 This Code shall not be construed to affect or impair any
8 contract, or any provision of a contract, entered into prior
9 to the implementation date of this Code as described in
10 Article 99, including but not limited to, any covenant
11 entered into with respect to any revenue bonds or similar
12 instruments.
13 (b) This Code shall apply regardless of the source of
14 the funds with which the contracts are paid, including
15 federal assistance moneys. This Code shall not apply to: (1)
16 contracts between the State and its political subdivisions or
17 other governments, or between State governmental bodies
18 except as specifically provided in this Code; (2) grants; (3)
19 purchase of care; (4) contracts for personal services; or (5)
20 collective bargaining contracts. Nothing in this Code or in
21 rules promulgated hereunder shall prevent any State
22 governmental body from complying with the terms and
23 conditions of any grant, gift, bequest, or cooperative
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1 agreement."; and
2 on page 1, before line 21, by inserting the following:
3 "Section 1-15.03. Bidder or offeror. "Bidder" or
4 "offeror" means any person who submits a bid, proposal, or
5 other type of offer. These terms may be used
6 interchangeably."; and
7 on page 2, before line 4, by inserting the following:
8 "Section 1-15.17. Concession. "Concession" means any
9 use of State property, primarily real estate, by a party not
10 associated with State government, whether or not a charge is
11 levied for such use."; and
12 on page 2, by replacing lines 19 through 25 with the
13 following:
14 "Section 1-15.30. Contract. "Contract" means all types
15 of State agreements, regardless of what they may be called,
16 for the procurement or use of goods, services, including
17 professional or artistic services, construction, or real
18 property leases, and including master contracts and contracts
19 for financing through use of installment or lease-purchase
20 arrangements."; and
21 on page 3, before line 3, by inserting the following:
22 "Section 1-15.42. Goods. "Goods" means all personal
23 property, including but not limited to, equipment, materials,
24 printing, and insurance, and the financing of those goods.
25 Section 1-15.43. Grant. "Grant" means the furnishing by
26 the State of assistance, whether financial or otherwise, to
27 any person to support a program authorized by law. It does
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1 not include an award, the primary purpose of which is to
2 procure an end product for the direct benefit or use of the
3 State governmental body making the grant, whether in the form
4 of goods, services, or construction; a contract resulting
5 from such an award is not a grant but a procurement
6 contract."; and
7 on page 3, before line 18, by inserting the following:
8 "Section 1-15.56. Personal service. "Personal services"
9 means services rendered to the State by an individual, as an
10 employee and not an independent contractor, and for whom
11 federal income taxes are withheld.
12 Section 1-15.57. Price. "Price" means any dollar
13 related factor relevant to the State, including but not
14 limited to, discounts and transportation, and where specified
15 in purchase specifications or descriptions, "price" means
16 total or life cycle costs.
17 Section 1-15.58. Procurement. "Procurement" means
18 buying, renting, leasing, licensing or otherwise acquiring
19 any goods, services, construction or real estate lease. It
20 also includes all functions that pertain to the obtaining
21 same, including describing requirements, selection and
22 soliciting sources, preparing and awarding contracts, and all
23 phases of contract administration."; and
24 on page 4, before line 4, by inserting the following:
25 "Section 1-15.67. Purchase of care. "Purchase of care"
26 means a contract with a person for the furnishing of medical,
27 educational, psychiatric, vocational, rehabilitative, social
28 or human services directly to a recipient of a State aid
29 program."; and
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1 on page 4, before line 26, by inserting the following:
2 "Section 1-15.93. Solicitation. "Solicitation" means an
3 invitation for bids, request for proposals, request for
4 information, or other means of requesting contractors to
5 respond with offers or qualifications."; and
6 on page 8, by replacing line 30 with the following:
7 "Section 10-5. Exercise of procurement authority.
8 (a) The State purchasing officers appointed by their
9 respective State officers or State agencies shall exercise
10 the procurement authority created by this Code except as
11 otherwise provided in this Code.
12 (b) (1) Procurements for all construction, construction
13 related services, operation of any facility, and the
14 provision of any service or activity committed by law to the
15 jurisdiction or responsibility of the Illinois Department of
16 Transportation, including the direct or reimbursable
17 expenditure of all federal funds for which the Department of
18 Transportation is responsible or accountable for the use
19 thereof in accordance with federal law, regulation or
20 procedure, shall be delegated to the Secretary of
21 Transportation if required to comply with federal law.
22 (2) Procurements for all construction, construction
23 related services, operation of any facility, and the
24 provision of any service or activity committed by law to the
25 jurisdiction or responsibility of the Illinois Toll Highway
26 Authority, including the direct or reimbursable expenditure
27 of all federal funds for which the Authority is responsible
28 or accountable for the use thereof in accordance with federal
29 law, regulation or procedure, shall be delegated to the
30 Authority if required to comply with federal law."; and
31 on page 9, by deleting lines 1 through 4; and
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1 on page 11, by replacing line 5 with the following:
2 "Bulletin shall be published at least twice monthly. It
3 shall"; and
4 on page 11, by replacing line 9 with the following:
5 "libraries within Illinois. A purchasing officer may on his
6 or her own authority authorize publication in electronic form
7 or in the official newspaper in addition to publication in
8 the Illinois Procurement Bulletin."; and
9 on page 12, by replacing lines 3 through 9 with the
10 following:
11 "(d) Bid submission and opening. Bids shall be
12 submitted in a sealed form and shall be opened publicly in
13 the presence of one or more witnesses at the time and place
14 designated in the invitation for bids. The rules may provide
15 for the acceptance of bids submitted by fax, electronic data
16 exchange or by other methods. The name of each bidder, the
17 amount of each bid, and other relevant information as may be
18 specified by rule shall be recorded. After the award of the
19 contract, the winning bid and the record of each unsuccessful
20 bid shall be open to public inspection."; and
21 on page 13, by replacing lines 12 through 20 with the
22 following:
23 "(a) Conditions for use.
24 (1) Competitive sealed proposals may be used when
25 the purchasing officer determines in writing that
26 competitive sealed bidding is either not practical or not
27 advantageous to the State.
28 (2) The Board may establish by rule additional
29 categories that may be procured by this method.
30 (3) When under rules it is determined in writing
31 that competitive sealed bidding is either not practical
32 or advantageous, a contract may be entered into by
33 competitive sealed proposals."; and
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1 on page 13, line 33, after "award.", by inserting the
2 following:
3 "The rules may provide for the acceptance of proposals
4 submitted by fax, electronic data exchange, or by other
5 methods."; and
6 on page 14, by replacing lines 31 through 33 with the
7 following:
8 "services not exceeding $25,000 may be made without
9 competitive sealed"; and
10 on page 15, by replacing lines 8 through 16 with the
11 following:
12 "Section 20-25. Sole source procurements. Contracts may
13 be awarded without notice or competition when there is only
14 one economically feasible source for the item, including but
15 not limited to, contracts for specific works of art and for
16 the services of a particular artist. The procuring agency
17 shall maintain a list of contracts awarded on a sole source
18 basis including the reasons for determining the contractor
19 was the sole economically feasible source. The list and the
20 reasons shall be open to inspection, and shall be published
21 in the Illinois Procurement Bulletin in the issue published
22 after the contract is awarded."; and
23 on page 17, by replacing lines 11 through 17 with the
24 following:
25 "published in the Illinois Procurement Bulletin at least 14
26 days before the date set in the request for proposals for the
27 opening of proposals. The request for proposals shall
28 describe the services required, list the type of information
29 and data required of each offeror, and shall state the
30 relative importance of particular qualifications."; and
31 on page 18, after line 3, by inserting the following:
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1 "Section 20-37. Legal, medical, and related services. If
2 premature disclosure of the need for legal and related
3 services, or of the name of the law firm, attorney or related
4 service provider might jeopardize the State's ability to
5 formulate policy, its position in litigation, and for other
6 such reasons, legal and related services may be procured
7 without notice of competition. If a person's health is in
8 jeopardy, medical services may be procured without notice of
9 competition. The procuring agency shall maintain a list of
10 contracts awarded under these provisions including the reason
11 why a competitive method of source selection was not used.
12 The list and the reasons shall be open to inspection after
13 the purchasing officer determines that release of the list
14 would no longer jeopardize the State's ability to formulate
15 policy, its position in litigation, or similar reasons no
16 longer exist.
17 Section 20-38. Other government contracts. Notice and
18 competition is not required by the General Services
19 Administration, or when it is determined that use of a
20 contract established by another governmental entity is in the
21 State's best interest.
22 Section 20-39. Sheltered workshops and supported
23 employees. Goods and services may be procured without notice
24 and competition from businesses which meet the requirements
25 set forth in Sections 45-35 and 45-37."; and
26 on page 23, by replacing line 4 with the following:
27 "printing contracts exceeding $25,000 and under service
28 contracts exceeding"; and
29 on page 32, after line 6, by inserting the following:
30 "Section 25-65. Federal requirements. A State agency
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1 receiving federal-aid funds, grants or loans shall have
2 authority to adapt its procedures, rules, project statements,
3 drawings, maps, surveys, plans, specifications, contract
4 terms, estimates, bid forms, bond forms, and other documents
5 or practices to comply with the regulations, policies, and
6 procedures of the designated authority, administration or
7 department of the United States in order to remain eligible
8 for such federal-aid funds, grants, or loans.
9 Section 25-70. Foreign country procurements.
10 Procurements to meet the needs of State offices located in
11 foreign countries shall comply with the provisions of this
12 Code to the extent practical.
13 Section 25-75. Donations. Nothing in this Code or in
14 the rules promulgated hereunder shall prevent any State
15 agency from complying with the terms and conditions of any
16 grant, gift, or bequest which calls for the procurement of a
17 particular good or service, or use of a particular
18 contractor, provided the grant, gift, or bequest provides
19 complete funding for the contract."; and
20 on page 41, line 1, by replacing "28" with "14"; and
21 on page 41, below line 21, by inserting the following:
22 "(e) Exceptions. A request for information process need
23 not be used and the procurement may be negotiated when,
24 according to Board rules, the purchasing officer determines
25 that negotiations are in the best interest of the State in
26 the following situations:
27 (1) renewal or extension of leases;
28 (2) temporary space as defined by rule; or
29 (3) specialized space available at only one
30 location and parking."; and
31 on page 42, by replacing line 3 with the following:
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1 "option to purchase exerciseable by the State, unless the
2 purchasing officer determines that inclusion of such purchase
3 option is not in the State's best interest and makes that
4 determination in writing along with the reasons for making
5 that determination. Leases from governmental units and
6 not-for-profit entities are exempt from requirements of this
7 Section."; and
8 on page 42, by replacing lines 13 and 14 with the following:
9 "ARTICLE 42
10 CONCESSIONS
11 Section 42-10. Concessions and leases of State property.
12 (a) Concessions, including the assignment, license,
13 sale, or transfer of interests in or rights to discoveries,
14 inventions, patents, or copyrightable works, and leases of
15 State property, including easements, may be entered into by
16 the State Agency with jurisdiction over the property, whether
17 tangible or intangible.
18 (b) All concessions and leases of State property shall
19 be reduced to writing and shall be awarded under the
20 provisions of Article 20 of the Code, except that the
21 contract shall be awarded to the highest and best bidder or
22 offeror.
23 Section 42-20. Contract duration and terms. The
24 duration and terms of concessions and leases of State
25 property shall be in accordance with applicable law or
26 rule."; and
27 on page 42, by replacing lines 22 through 28 with the
28 following:
29 "(a) Amount of preference.
30 (1) A resident contractor shall be allowed a
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1 preference as against a non-resident contractor in the
2 event of a tie bid.
3 (2) A resident contractor shall be allowed a
4 preference as against a non-resident contractor from any
5 state that gives or requires a preference to contractors
6 from that state. The preference shall be equal to the
7 preference given or required by the state of the
8 non-resident contractor.
9 (3) If only non-resident contractors are competing,
10 the purchasing agency is within its right to specify that
11 Illinois labor and manufacturing locations be used as a
12 part of the manufacturing process, if applicable. This
13 specification may be negotiated as part of the
14 procurement process."; and
15 on page 43, by deleting lines 1 through 5; and
16 on page 44, by replacing lines 17 through 22 with the
17 following:
18 "Section 45-30. Correctional industries. Notwithstanding
19 any other provision to the contrary, the Board shall, in
20 consultation with the Department of Corrections, determine
21 which articles, materials, industry related services, food
22 stuffs, and supplies that are produced or manufactured by
23 persons confined in institutions and facilities of the
24 Department of Corrections shall be given preference by
25 purchasing agencies procuring those items. The Board shall
26 develop and distribute to the various Procurement and Using
27 Agencies procedures for executing this Section."; and
28 on page 49, by replacing lines 31 through 34 with the
29 following:
30 "(e) Small business assistance. The purchasing officers
31 shall assist small businesses by:"; and
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1 on page 54, by replacing lines 25 through 29 with the
2 following:
3 "college district, or the State colleges and universities and
4 their governing boards."; and
5 on page 55, by replacing lines 26 through 32 with the
6 following:
7 "Section 50-25. Exemptions. The Governor, or an
8 executive ethics board or commission designated by the
9 Governor, may exempt named individuals or business from the
10 prohibitions of Section 50-5, 50-10, or 50-15 when, in the
11 discretion of the Governor or the ethics board or commission,
12 it is determined that the public interest in having the
13 individual in the service of the State outweighs the public
14 policy evidenced in those Sections. An exemption is
15 effective only when it is filed with the Secretary of State
16 and the Comptroller and includes a statement setting forth
17 the name of the individual and all the pertinent facts that
18 would make that Section applicable, setting forth the reason
19 for the exemption, and declaring the individual exempted from
20 that Section. Notice of each exemption shall be published.";
21 and
22 on page 56, by deleting lines 1 through 6; and
23 on page 56, by replacing lines 16 through 26 with the
24 following:
25 "Section 50-35. Revolving door prohibition. State
26 employees whose duties with the State were directly related
27 to related to procurement may not, for a period of one year
28 following separation of service with the employing agency,
29 have a contract with that agency, or engage in lobbying that
30 agency whether directly or as an employee or agent of
31 another."; and
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1 on page 57, by replacing lines 2 through 34 with the
2 following:
3 "publicly available contract or procurement file. The nature
4 and extent of the disclosure required by this Section shall
5 be established in rules formulated by the Board."; and
6 by deleting pages 58 and 59; and
7 on page 60, by replacing lines 1 through 15 with the
8 following:
9 "(b) The disclosure in subsection (a) is not intended to
10 prohibit or prevent any contract. The disclosure is meant to
11 fully and publicly disclose any potential conflict."; and
12 on page 62, by deleting lines 28 through 31; and
13 on page 63, by deleting lines 1 through 5; and
14 on page 64, by replacing lines 2 through 23 with the
15 following:
16 "ARTICLE 90
17 MISCELLANEOUS PROVISIONS
18 Section 90-5. References to repealed provisions. After
19 the effective date of this Act, all references to the
20 provisions of law repealed by this Act shall be construed,
21 where necessary and appropriate, as references to the
22 Illinois Procurement Code.
23 Section 90-10. Severability. If any provision of this
24 Code or any application of it to any person or circumstance
25 is held invalid, that invalidity shall not affect other
26 provisions or applications of this Code that can be given
27 effect without the invalid provision or application, and to
28 this end the provisions of this Code are declared to be
29 severable.
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1 Section 90-20. Voidable contracts. If any contract is
2 entered into or purchase or expenditure of funds is made in
3 violation of this Code or any other law, the contract may be
4 declared void by the purchasing officer, or may be
5 terminated, ratified and affirmed, provided it is determined
6 that ratification is in the best interests of the State. If
7 the contract is ratified and affirmed, it shall be without
8 prejudice to the State's rights to any appropriate damages.";
9 and
10 on page 66, by replacing lines 25 and 26 with the following:
11 "ARTICLE 99
12 EFFECTIVE DATE
13 Section 99-5. Effective date and transition. This
14 Article 99 takes effect July 1, 1997. Article 95 takes
15 effect July 1, 1998. Articles 1 through 90 take effect July
16 1, 1997 solely for the purpose of allowing the Procurement
17 Policy Board and State agencies designated under Article 5 to
18 promulgate rules to implement this Code. Articles 1 through
19 90, for all other purposes, take effect July 1, 1998.".