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90_HB1633enr
305 ILCS 5/8A-6 from Ch. 23, par. 8A-6
305 ILCS 5/8A-13 new
305 ILCS 5/8A-14 new
305 ILCS 5/8A-15 new
305 ILCS 5/8A-16 new
305 ILCS 5/8A-17 new
Amends the "Public Assistance Fraud" Article of the
Public Aid Code. Makes it unlawful to do any of the
following: defraud any State or federally funded or mandated
health plan in connection with the delivery of or payment for
health care benefits; directly or indirectly give or offer
anything of value to a health care official with the intent
to influence or reward any act or decision of a health care
official; falsify or conceal a material fact or make a false
statement or representation in connection with the provision
of health care; or engage in any unfair or deceptive
marketing practice in connection with providing any health
care service or health plan. Provides for enhanced penalties
for violators other than individuals.
LRB9003208DJcdA
HB1633 Enrolled LRB9003208DJcdA
1 AN ACT in relation to the delivery of goods and services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1
5 GENERAL PROVISIONS
6 Section 1-1. Short title. This Act may be cited as the
7 Illinois Procurement Code.
8 Section 1-5. Public policy. It is the purpose of this
9 Code and is declared to be the policy of the State that the
10 principles of competitive bidding and economical procurement
11 practices shall be applicable to all purchases and contracts
12 by or for any State agency.
13 Section 1-10. Application.
14 (a) This Code applies only to procurements for which
15 contractors were first solicited on or after July 1, 1998.
16 This Code shall not be construed to affect or impair any
17 contract, or any provision of a contract, entered into based
18 on a solicitation prior to the implementation date of this
19 Code as described in Article 99, including but not limited to
20 any covenant entered into with respect to any revenue bonds
21 or similar instruments. All procurements for which contracts
22 are solicited between the effective date of Articles 50 and
23 99 and July 1, 1998 shall be substantially in accordance with
24 this Code and its intent.
25 (b) This Code shall apply regardless of the source of
26 the funds with which the contracts are paid, including
27 federal assistance moneys. This Code shall not apply to:
28 (1) contracts between the State and its political
29 subdivisions or other governments, or between State
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1 governmental bodies except as specifically provided in
2 this Code.
3 (2) grants.
4 (3) purchase of care.
5 (4) hiring of an individual as employee and not as
6 an independent contractor, whether pursuant to an
7 employment code or policy or by contract directly with
8 that individual.
9 (5) collective bargaining contracts.
10 (6) purchase of real estate.
11 (7) contracts necessary to prepare for anticipated
12 litigation, enforcement actions, or investigations,
13 provided that the chief legal counsel to the Governor
14 shall give his or her prior approval when the procuring
15 agency is one subject to the jurisdiction of the
16 Governor, and provided that the chief legal counsel of
17 any other procuring entity subject to this Code shall
18 give his or her prior approval when the procuring entity
19 is not one subject to the jurisdiction of the Governor.
20 Section 1-15. Definitions. For the purposes of this
21 Code, the words set forth in the following Sections of this
22 Article have the meanings set forth in those Sections.
23 Section 1-15.03. Associate Procurement Officers.
24 "Associate Procurement Officers" means those persons
25 appointed as provided in Section 10-15.
26 Section 1-15.05. Board. "Board" means the Procurement
27 Policy Board.
28 Section 1-15.10. Business. "Business" means any
29 corporation, partnership, individual, sole proprietorship,
30 joint stock company, joint venture, or other private legal
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1 entity.
2 Section 1-15.15. Chief Procurement Officer. "Chief
3 Procurement Officer" means:
4 (1) for procurements for construction and
5 construction-related services committed by law to the
6 jurisdiction or responsibility of the Capital Development
7 Board, the executive director of the Capital Development
8 Board.
9 (2) for procurements for all construction,
10 construction-related services, operation of any facility, and
11 the provision of any service or activity committed by law to
12 the jurisdiction or responsibility of the Illinois Department
13 of Transportation, including the direct or reimbursable
14 expenditure of all federal funds for which the Department of
15 Transportation is responsible or accountable for the use
16 thereof in accordance with federal law, regulation, or
17 procedure, the Secretary of Transportation.
18 (3) for all procurements made by a public institution of
19 higher education, a representative designated by the
20 Governor.
21 (4) for all other procurements, the Director of the
22 Department of Central Management Services.
23 Section 1-15.20. Construction and construction-related
24 services. "Construction" means building, altering,
25 repairing, improving, or demolishing any public structure or
26 building, or making improvements of any kind to public real
27 property. Construction does not include the routine
28 operation, routine repair, or routine maintenance of existing
29 structures, buildings, or real property.
30 "Construction-related services" means those services
31 including construction design, layout, inspection, support,
32 feasibility or location study, research, development,
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1 planning, or other investigative study undertaken by a
2 construction agency concerning construction or potential
3 construction.
4 Section 1-15.25. Construction agency. "Construction
5 agency" means the Capital Development Board for construction
6 or remodeling of State-owned facilities; the Illinois
7 Department of Transportation for construction or maintenance
8 of roads, highways, bridges, and airports; the Illinois Toll
9 Highway Authority for construction or maintenance of toll
10 highways; and any other State agency entering into
11 construction contracts as authorized by law or by delegation
12 from the chief procurement officer.
13 Section 1-15.30. Contract. "Contract" means all types
14 of State agreements, regardless of what they may be called,
15 for the procurement, use, or disposal of supplies, services,
16 professional or artistic services, or construction or for
17 leases of real property or capital improvements, and
18 including master contracts, contracts for financing through
19 use of installment or lease-purchase arrangements,
20 renegotiated contracts, and change orders.
21 Section 1-15.35. Cost-reimbursement contract.
22 "Cost-reimbursement contract" means a contract under which a
23 contractor is reimbursed for costs that are allowable and
24 allocable in accordance with the contract terms and the
25 provisions of this Code, and a fee, if any.
26 Section 1-15.42. Grant. "Grant" means the furnishing by
27 the State of assistance, whether financial or otherwise, to
28 any person to support a program authorized by law. It does
29 not include an award the primary purpose of which is to
30 procure an end product for the direct benefit or use of the
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1 State agency making the grant, whether in the form of goods,
2 services, or construction. A contract that results from such
3 an award is not a grant and is subject to this Code.
4 Section 1-15.45. Invitation for bids. "Invitation for
5 bids" means the process by which a purchasing agency requests
6 information from bidders, including all documents, whether
7 attached or incorporated by reference, used for soliciting
8 bids.
9 Section 1-15.50. Negotiation. "Negotiation" means the
10 process of selecting a contractor other than by competitive
11 sealed bids, multi-step sealed bidding, or competitive sealed
12 proposals, whereby a purchasing agency can establish any and
13 all terms and conditions of a procurement contract by
14 discussion with one or more prospective contractors.
15 Section 1-15.55. Person. "Person" means any business,
16 public or private corporation, partnership, individual,
17 union, committee, club, unincorporated association or other
18 organization or group of individuals, or other legal entity.
19 Section 1-15.60. Professional and artistic services.
20 "Professional and artistic services" means those services
21 provided under contract to a State agency by a person or
22 business, acting as an independent contractor, qualified by
23 education, experience, and technical ability.
24 Section 1-15.65. Purchase description. "Purchase
25 description" means the words used in a solicitation to
26 describe the supplies, services, professional or artistic
27 services, or construction to be procured or real property or
28 capital improvements to be leased and includes specifications
29 attached to or made a part of the solicitation.
HB1633 Enrolled -6- LRB9003208DJcdA
1 Section 1-15.68. Purchase of care. "Purchase of care"
2 means a contract with a person for the furnishing of medical,
3 educational, psychiatric, vocational, rehabilitative, social,
4 or human services directly to a recipient of a State aid
5 program.
6 Section 1-15.70. Purchasing agency. "Purchasing agency"
7 means a State agency that is authorized by this Code, by its
8 implementing rules, or by authorized delegation of a chief
9 procurement officer to enter into contracts.
10 Section 1-15.75. Request for proposals. "Request for
11 proposals" means the process by which a purchasing agency
12 requests information from offerors, including all documents,
13 whether attached or incorporated by reference, used for
14 soliciting proposals.
15 Section 1-15.80. Responsible bidder or offeror.
16 "Responsible bidder or offeror" means a person who has the
17 capability in all respects to perform fully the contract
18 requirements and the integrity and reliability that will
19 assure good faith performance.
20 Section 1-15.85. Responsive bidder. "Responsive bidder"
21 means a person who has submitted a bid that conforms in all
22 material respects to the invitation for bids.
23 Section 1-15.90. Services. "Services" means the
24 furnishing of labor, time, or effort by a contractor, not
25 involving the delivery of a specific end product other than
26 reports or supplies that are incidental to the required
27 performance.
28 Section 1-15.95. Specifications. "Specifications" means
HB1633 Enrolled -7- LRB9003208DJcdA
1 any description, provision, or requirement pertaining to the
2 physical or functional characteristics or of the nature of a
3 supply, service, or other item to be procured under a
4 contract. Specifications may include a description of any
5 requirement for inspecting, testing, or preparing a supply,
6 service, professional or artistic service, construction, or
7 other item for delivery.
8 Section 1-15.100. State agency. "State agency" means
9 and includes all boards, commissions, agencies, institutions,
10 authorities, and bodies politic and corporate of the State,
11 created by or in accordance with the constitution or statute,
12 of the executive branch of State government and does include
13 colleges, universities, and institutions under the
14 jurisdiction of the governing boards of the University of
15 Illinois, Southern Illinois University, Illinois State
16 University, Eastern Illinois University, Northern Illinois
17 University, Western Illinois University, Chicago State
18 University, Governor State University, Northeastern Illinois
19 University, and the Board of Higher Education. However, this
20 term does not apply to public employee retirement systems or
21 investment boards that are subject to fiduciary duties
22 imposed by the Illinois Pension Code or to the University of
23 Illinois Foundation. "State agency" does not include units
24 of local government, school districts, community colleges
25 under the Public Community College Act, and the Illinois
26 Comprehensive Health Insurance Board.
27 Section 1-15.105. State purchasing officer. "State
28 purchasing officer" means a person appointed by any of the
29 chief procurement officers to exercise the procurement
30 authority created by this Code or by rule.
31 Section 1-15.110. Supplies. "Supplies" means all
HB1633 Enrolled -8- LRB9003208DJcdA
1 personal property, including but not limited to equipment,
2 materials, printing, and insurance, and the financing of
3 those supplies.
4 Section 1-15.115. Using agency. "Using agency" means a
5 State agency that uses items procured under this Code.
6 Section 1-25. Property rights. No person shall have any
7 right to a specific contract with the State unless that
8 person has a contract that has been signed by an officer or
9 employee of the purchasing agency with appropriate signature
10 authority. The State shall be under no obligation to issue
11 an award or execute a contract.
12 Section 1-30. Applicability to Constitutional Officers
13 and the Legislative and Judicial Branches.
14 (a) The constitutional officers shall procure their
15 needs in a manner substantially in accordance with the
16 requirements of this Code and shall promulgate rules no less
17 restrictive than the requirements of this Code.
18 (b) The legislative and judicial branches are exempt
19 from this Code. The legislative and judicial branches shall
20 make procurements in accordance with rules promulgated to
21 meet their needs. Procurement rules promulgated by the
22 legislative and judicial branches may incorporate provisions
23 of this Code.
24 ARTICLE 5
25 POLICY ORGANIZATION
26 Section 5-5. Procurement Policy Board.
27 (a) Creation. There is created a Procurement Policy
28 Board.
29 (b) Authority and duties. The Board shall have the
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1 authority and responsibility to review, comment upon, and
2 recommend, consistent with this Code, rules and practices
3 governing the procurement, management, control, and disposal
4 of supplies, services, professional or artistic services,
5 construction, and real property and capital improvement
6 leases procured by the State. Upon a three-fifths vote of
7 its members, the Board may review a contract. Upon a
8 three-fifths vote of its members, the Board may propose
9 procurement rules for consideration by chief procurement
10 officers. These proposals shall be published in each volume
11 of the Procurement Bulletin. Except as otherwise provided by
12 law, the Board shall act upon the vote of a majority of its
13 members who have been appointed and are serving.
14 (c) Members. The Board shall consist of 5 members
15 appointed one each by the 4 legislative leaders and the
16 Governor. Each member shall have demonstrated sufficient
17 business or professional experience in the area of
18 procurement to perform the functions of the Board. No member
19 may be a member of the General Assembly.
20 (d) Terms. Of the initial appointees, the Governor
21 shall designate one member, as Chairman, to serve a one-year
22 term, the President of the Senate and the Speaker of the
23 House shall each appoint one member to serve 3-year terms,
24 and the Minority Leader of the House and the Minority Leader
25 of the Senate shall each appoint one member to serve 2-year
26 terms. Subsequent terms shall be 4 years. Members may be
27 reappointed for succeeding terms.
28 (e) Reimbursement. Members shall receive no
29 compensation but shall be reimbursed for any expenses
30 reasonably incurred in the performance of their duties.
31 (f) Staff support. Upon a three-fifths vote of its
32 members, the Board may employ an executive director. Subject
33 to appropriation, the Board also may have up to 3 staff
34 persons. Other support services shall be provided by the
HB1633 Enrolled -10- LRB9003208DJcdA
1 chief procurement officers.
2 (g) Meetings. Meetings of the Board may be conducted
3 telephonically, electronically, or through the use of other
4 telecommunications. Written minutes of such meetings shall be
5 created and available for public inspection and copying.
6 Section 5-23. Interests of Board members. Members of the
7 Procurement Policy Board employed by or holding an interest
8 in an entity doing business with or attempting to do business
9 with the State of Illinois do not, by their service on the
10 Board, preclude that entity from doing business with or
11 attempting to do business with the State.
12 Section 5-25. Rulemaking authority. A State agency
13 authorized to make procurements under this Code shall have
14 the authority to promulgate rules to carry out that
15 authority. That rulemaking on specific procurement topics is
16 mentioned in specific Sections of this Code shall not be
17 construed as prohibiting or limiting rulemaking on other
18 procurement topics.
19 All rules shall be promulgated in accordance with the
20 Illinois Administrative Procedure Act. Contractual
21 provisions, specifications, and procurement descriptions are
22 not rules and are not subject to the Illinois Administrative
23 Procedure Act. All rules other than those promulgated by the
24 Board shall be presented in writing to the Board for its
25 review and comment. The Board shall express its opinions and
26 recommendations in writing. Both the proposed rules and
27 Board recommendations shall be made available for public
28 review. The rules shall also be approved by the applicable
29 chief procurement officer and the Joint Committee on
30 Administrative Rules.
31 ARTICLE 10
HB1633 Enrolled -11- LRB9003208DJcdA
1 APPOINTMENTS
2 Section 10-5. Exercise of procurement authority. The
3 State purchasing officers shall be appointed by their
4 respective chief procurement officer and approved by the
5 director of each State agency. The State purchasing officer
6 of each State agency shall exercise the procurement authority
7 created by this Code except as otherwise provided in this
8 Code.
9 Section 10-10. General appointments. The chief
10 procurement officer shall appoint and the director of each
11 State agency shall approve a State purchasing officer to
12 exercise within his or her jurisdiction the procurement
13 authority created by this Code. In the absence of an
14 appointed and approved State purchasing officer, the
15 applicable chief procurement officer shall exercise the
16 procurement authority created by this Code.
17 Section 10-15. Associate Procurement Officers. The
18 Governor, with the consent of the statutory chief procurement
19 officers, may for proper and effective administration of this
20 Code appoint associate procurement officers. All associate
21 procurement officers shall be submitted to the Senate for
22 advice and consent. For the purposes of this Code, duly
23 appointed associate procurement officers shall function in
24 all respects as chief procurement officers. Associate
25 procurement officers shall serve at the pleasure of the
26 Governor.
27 ARTICLE 15
28 PROCUREMENT BULLETIN
29 Section 15-1. Publisher. The Department of Central
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1 Management Services is the State agency responsible for
2 publishing its volumes of the Illinois Procurement Bulletin.
3 The Capital Development Board is responsible for publishing
4 its volumes of the Illinois Procurement Bulletin. The
5 Department of Transportation is responsible for publishing
6 its volumes of the Illinois Procurement Bulletin. The higher
7 education chief procurement officer is responsible for
8 publishing the higher education volumes of the Illinois
9 Procurement Bulletin.
10 Each volume of the Illinois Procurement Bulletin shall be
11 available electronically and may be available in print.
12 References in this Code to the publication and distribution
13 of the Illinois Procurement Bulletin include both its print
14 and electronic formats.
15 Section 15-10. Contents. The Illinois Procurement
16 Bulletin shall contain notices and other information required
17 by this Code or by rules promulgated under this Code to be
18 published in the Illinois Procurement Bulletin. Each volume
19 shall include a comprehensive index of its contents.
20 Section 15-15. Publication. All volumes of the Illinois
21 Procurement Bulletin shall be published at least once per
22 month. Any volume, including volumes available in print
23 format, shall be available through subscription for a minimal
24 fee not exceeding publication and distribution costs. The
25 Illinois Procurement Bulletin shall be distributed free to
26 public libraries within Illinois.
27 Section 15-20. Qualified bidders. Subscription to the
28 Illinois Procurement Bulletin shall not be required to
29 qualify as a bidder or offeror under this Code.
30 Section 15-25. Bulletin content.
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1 (a) Invitations for bids. Notice of each and every
2 contract that is offered, including renegotiated contracts
3 and change orders, shall be published in the Bulletin. The
4 applicable chief procurement officer may provide by rule an
5 organized format for the publication of this information, but
6 in any case it must include at least the date first offered,
7 the date submission of offers is due, the location that
8 offers are to be submitted to, the purchasing State agency,
9 the responsible State purchasing officer, a brief purchase
10 description, the method of source selection, and information
11 of how to obtain a comprehensive purchase description and any
12 disclosure and contract forms.
13 (b) Contracts let or awarded. Notice of each and every
14 contract that is let or awarded, including renegotiated
15 contracts and change orders, shall be published in the next
16 available subsequent Bulletin, and the applicable chief
17 procurement officer may provide by rule an organized format
18 for the publication of this information, but in any case it
19 must include at least all of the information specified in
20 subsection (a) as well as the name of the successful
21 responsible bidder or offeror, the contract price, the number
22 of unsuccessful responsive bidders, and any other disclosure
23 specified in any Section of this Code.
24 (c) Emergency purchase disclosure. Any chief
25 procurement officer, State purchasing officer, or designee
26 exercising emergency purchase authority under this Code shall
27 publish a written description and reasons and the total cost,
28 if known, or an estimate if unknown and the name of the
29 responsible chief procurement officer and State purchasing
30 officer, and the business or person contracted with for all
31 emergency purchases in the next timely, practicable Bulletin.
32 (d) Other required disclosure. The applicable chief
33 procurement officer shall provide by rule for the organized
34 publication of all other disclosure required in other
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1 Sections of this Code in a timely manner.
2 ARTICLE 20
3 SOURCE SELECTION AND CONTRACT FORMATION
4 Section 20-5. Method of source selection. Unless
5 otherwise authorized by law, all State contracts shall be
6 awarded by competitive sealed bidding, in accordance with
7 Section 20-10, except as provided in Sections 20-15, 20-20,
8 20-25, 20-30, 20-35, 30-15, and 40-20.
9 Section 20-10. Competitive sealed bidding.
10 (a) Conditions for use. All contracts shall be awarded
11 by competitive sealed bidding except as otherwise provided in
12 Section 20-5.
13 (b) Invitation for bids. An invitation for bids shall
14 be issued and shall include a purchase description and the
15 material contractual terms and conditions applicable to the
16 procurement.
17 (c) Public notice. Public notice of the invitation for
18 bids shall be published in the Illinois Procurement Bulletin
19 at least 14 days before the date set in the invitation for
20 the opening of bids.
21 (d) Bid opening. Bids shall be opened publicly in the
22 presence of one or more witnesses at the time and place
23 designated in the invitation for bids. The name of each
24 bidder, the amount of each bid, and other relevant
25 information as may be specified by rule shall be recorded.
26 After the award of the contract, the winning bid and the
27 record of each unsuccessful bid shall be open to public
28 inspection.
29 (e) Bid acceptance and bid evaluation. Bids shall be
30 unconditionally accepted without alteration or correction,
31 except as authorized in this Code. Bids shall be evaluated
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1 based on the requirements set forth in the invitation for
2 bids, which may include criteria to determine acceptability
3 such as inspection, testing, quality, workmanship, delivery,
4 and suitability for a particular purpose. Those criteria
5 that will affect the bid price and be considered in
6 evaluation for award, such as discounts, transportation
7 costs, and total or life cycle costs, shall be objectively
8 measurable. The invitation for bids shall set forth the
9 evaluation criteria to be used.
10 (f) Correction or withdrawal of bids. Correction or
11 withdrawal of inadvertently erroneous bids before or after
12 award, or cancellation of awards of contracts based on bid
13 mistakes, shall be permitted in accordance with rules. After
14 bid opening, no changes in bid prices or other provisions of
15 bids prejudicial to the interest of the State or fair
16 competition shall be permitted. All decisions to permit the
17 correction or withdrawal of bids based on bid mistakes shall
18 be supported by written determination made by a State
19 purchasing officer.
20 (g) Award. The contract shall be awarded with
21 reasonable promptness by written notice to the lowest
22 responsible and responsive bidder whose bid meets the
23 requirements and criteria set forth in the invitation for
24 bids, except when a State purchasing officer determines it is
25 not in the best interest of the State and by written
26 explanation determines another bidder shall receive the
27 award. The explanation shall appear in the appropriate
28 volume of the Illinois Procurement Bulletin.
29 (h) Multi-step sealed bidding. When it is considered
30 impracticable to initially prepare a purchase description to
31 support an award based on price, an invitation for bids may
32 be issued requesting the submission of unpriced offers to be
33 followed by an invitation for bids limited to those bidders
34 whose offers have been qualified under the criteria set forth
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1 in the first solicitation.
2 Section 20-15. Competitive sealed proposals.
3 (a) Conditions for use. When provided under this Code
4 or under rules, or when the purchasing agency determines in
5 writing that the use of competitive sealed bidding is either
6 not practicable or not advantageous to the State, a contract
7 may be entered into by competitive sealed proposals.
8 (b) Request for proposals. Proposals shall be solicited
9 through a request for proposals.
10 (c) Public notice. Public notice of the request for
11 proposals shall be published in the Illinois Procurement
12 Bulletin at least 14 days before the date set in the
13 invitation for the opening of proposals.
14 (d) Receipt of proposals. Proposals shall be opened
15 publicly in the presence of one or more witnesses at the time
16 and place designated in the request for proposals, but
17 proposals shall be opened in a manner to avoid disclosure of
18 contents to competing offerors during the process of
19 negotiation. A record of proposals shall be prepared and
20 shall be open for public inspection after contract award.
21 (e) Evaluation factors. The requests for proposals
22 shall state the relative importance of price and other
23 evaluation factors. Proposals shall be submitted in 2 parts:
24 the first, covering items except price; and the second,
25 covering price. The first part of all proposals shall be
26 evaluated and ranked independently of the second part of all
27 proposals.
28 (f) Discussion with responsible offerors and revisions
29 of proposals. As provided in the request for proposals and
30 under rules, discussions may be conducted with responsible
31 offerors who submit proposals determined to be reasonably
32 susceptible of being selected for award for the purpose of
33 clarifying and assuring full understanding of and
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1 responsiveness to the solicitation requirements. Those
2 offerors shall be accorded fair and equal treatment with
3 respect to any opportunity for discussion and revision of
4 proposals. Revisions may be permitted after submission and
5 before award for the purpose of obtaining best and final
6 offers. In conducting discussions there shall be no
7 disclosure of any information derived from proposals
8 submitted by competing offerors. If information is disclosed
9 to any offeror, it shall be provided to all competing
10 offerors.
11 (g) Award. Awards shall be made to the responsible
12 offeror whose proposal is determined in writing to be the
13 most advantageous to the State, taking into consideration
14 price and the evaluation factors set forth in the request for
15 proposals. The contract file shall contain the basis on
16 which the award is made.
17 Section 20-20. Small purchases.
18 (a) Amount. Any individual procurement of supplies or
19 services other than professional or artistic services, not
20 exceeding $10,000 and any procurement of construction not
21 exceeding $30,000 may be made without competitive sealed
22 bidding. Procurements shall not be artificially divided so
23 as to constitute a small purchase under this Section.
24 (b) Adjustment. Each July 1, the small purchase maximum
25 established in subsection (a) shall be adjusted for inflation
26 as determined by the Consumer Price Index for All Urban
27 Consumers as determined by the United States Department of
28 Labor and rounded to the nearest $100.
29 (c) Based upon rules proposed by the Board and rules
30 promulgated by the chief procurement officers, the small
31 purchase maximum established in subsection (a) may be
32 modified.
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1 Section 20-25. Sole source procurements. In accordance
2 with standards set by rule, contracts may be awarded without
3 use of the specified method of source selection when there is
4 only one economically feasible source for the item. At least
5 2 weeks before entering into a sole source contract, the
6 purchasing agency shall publish in the Illinois Procurement
7 Bulletin a notice of intent to do so along with a description
8 of the item to be procured and the intended sole source
9 contractor.
10 Section 20-30. Emergency purchases.
11 (a) Conditions for use. In accordance with standards
12 set by rule, a purchasing agency may make emergency
13 procurements without competitive sealed bidding or prior
14 notice when there exists a threat to public health or public
15 safety, or when immediate expenditure is necessary for
16 repairs to State property in order to protect against further
17 loss of or damage to State property, to prevent or minimize
18 serious disruption in State services, or to ensure the
19 integrity of State records. Emergency procurements shall be
20 made with as much competition as is practicable under the
21 circumstances. A written description of the basis for the
22 emergency and reasons for the selection of the particular
23 contractor shall be included in the contract file.
24 (b) Notice. Before the next appropriate volume of the
25 Illinois Procurement Bulletin, the purchasing agency shall
26 publish in the Illinois Procurement Bulletin a copy of each
27 written description and reasons and the total cost of each
28 emergency procurement made during the previous month. When
29 only an estimate of the total cost is known at the time of
30 publication, the estimate shall be identified as an estimate
31 and published. When the actual total cost is determined, it
32 shall also be published in like manner before the 10th day of
33 the next succeeding month.
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1 (c) Affidavits. A purchasing agency making a
2 procurement under this Section shall file affidavits with
3 the chief procurement officer and the Auditor General within
4 10 days after the procurement setting forth the amount
5 expended, the name of the contractor involved, and the
6 conditions and circumstances requiring the emergency
7 procurement. When only an estimate of the cost is available
8 within 10 days after the procurement, the actual cost shall
9 be reported immediately after it is determined. At the end
10 of each fiscal quarter, the Auditor General shall file with
11 the Legislative Audit Commission and the Governor a complete
12 listing of all emergency procurements reported during that
13 fiscal quarter. The Legislative Audit Commission shall
14 review the emergency procurements so reported and, in its
15 annual reports, advise the General Assembly of procurements
16 that appear to constitute an abuse of this Section.
17 (d) Quick purchases. The chief procurement officer may
18 promulgate rules extending the circumstances by which a
19 purchasing agency may make purchases under this Section,
20 including but not limited to the procurement of items
21 available at a discount for a limited period of time.
22 Section 20-35. Competitive selection procedures.
23 (a) Conditions for use. The services specified in
24 Article 35 shall be procured in accordance with this Section,
25 except as authorized under Sections 20-25 and 20-30 of this
26 Article.
27 (b) Statement of qualifications. Potential contractors
28 shall submit statements of qualifications and expressions of
29 interest. The chief procurement officer shall specify a
30 uniform format for statements of qualifications. Persons may
31 amend these statements at any time by filing a new statement.
32 (c) Public announcement and form of request for
33 proposals. Public notice of the need for the procurement
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1 shall be given in the form of a request for proposals and
2 published in the Illinois Procurement Bulletin at least 14
3 days before the date set in the request for proposals for the
4 opening of proposals. The request for proposals shall
5 describe the services required, list the type of information
6 and data required of each offeror, and state the relative
7 importance of particular qualifications.
8 (d) Discussions. The purchasing agency may conduct
9 discussions with any offeror who has submitted a proposal to
10 determine the offeror's qualifications for further
11 consideration. Discussions shall not disclose any
12 information derived from proposals submitted by other
13 offerors.
14 (e) Award. Award shall be made to the offeror
15 determined in writing by the purchasing agency to be best
16 qualified based on the evaluation factors set forth in the
17 request for proposals and negotiation of compensation
18 determined to be fair and reasonable.
19 Section 20-40. Cancellation of invitations for bids or
20 requests for proposals. An invitation for bids, a request
21 for proposals, or any other solicitation may be cancelled
22 without penalty, or any and all bids or proposals may be
23 rejected in whole or in part as may be specified in the
24 solicitation, when it is in the best interests of the State
25 in accordance with rules. The reasons for cancellation or
26 rejection shall be made part of the contract file.
27 Section 20-45. Prequalification of suppliers. The chief
28 procurement officer shall promulgate rules for the
29 development of prequalified supplier lists for appropriate
30 categories of purchases and the annual updating of those
31 lists.
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1 Section 20-50. Specifications. Specifications shall be
2 prepared in accordance with consistent standards that are
3 promulgated by the chief procurement officer and reviewed by
4 the Board and the Joint Committee on Administrative Rules.
5 Those standards shall include a prohibition against the use
6 of brand-name only products, except for products intended for
7 retail sale or as specified by rule, and shall include a
8 restriction on the use of specifications drafted by a
9 potential bidder. All specifications shall seek to promote
10 overall economy for the purposes intended and encourage
11 competition in satisfying the State's needs and shall not be
12 unduly restrictive.
13 Section 20-55. Types of contracts. Subject to the
14 limitations of this Section and unless otherwise authorized
15 by law, any type of contract that will promote the best
16 interests of the State may be used, except that
17 cost-plus-a-percentage-of-cost contracts are prohibited. A
18 cost-reimbursement contract may be used only when a
19 determination is made in writing that a cost-reimbursement
20 contract is likely to be less costly to the State than any
21 other type or that it is impracticable to obtain the item
22 required except under that type of contract. The general
23 form of contracts shall be determined by the chief
24 procurement officer.
25 Section 20-60. Duration of contracts.
26 (a) Maximum duration. A contract may be entered into
27 for any period of time deemed to be in the best interests of
28 the State but not exceeding 10 years. The length of a lease
29 for real property or capital improvements shall be in
30 accordance with the provisions of Section 40-25.
31 (b) Subject to appropriation. All contracts made or
32 entered into shall recite that they are subject to
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1 termination and cancellation in any year for which the
2 General Assembly fails to make an appropriation to make
3 payments under the terms of the contract.
4 Section 20-65. Right to audit records.
5 (a) Maintenance of books and records. Every contract
6 and subcontract shall require the contractor or
7 subcontractor, as applicable, to maintain books and records
8 relating to the performance of the contract or subcontract
9 and necessary to support amounts charged to the State under
10 the contract or subcontract. The books and records shall be
11 maintained by the contractor for a period of 3 years from the
12 later of the date of final payment under the contract or
13 completion of the contract and by the subcontractor for a
14 period of 3 years from the later of the date of final payment
15 under the subcontract or completion of the subcontract.
16 However, the 3-year period shall be extended for the duration
17 of any audit in progress at the time of that period's
18 expiration.
19 (b) Audit. Every contract and subcontract shall provide
20 that all books and records required to be maintained under
21 subsection (a) shall be available for review and audit by the
22 Auditor General and the purchasing agency. Every contract
23 and subcontract shall require the contractor and
24 subcontractor, as applicable, to cooperate fully with any
25 audit.
26 (c) Failure to maintain books and records. Failure to
27 maintain the books and records required by this Section shall
28 establish a presumption in favor of the State for the
29 recovery of any funds paid by the State for which required
30 books and records are not available.
31 Section 20-70. Finality of determinations.
32 Determinations made by a purchasing agency under this Code
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1 are final and conclusive unless they are clearly erroneous,
2 arbitrary, capricious, or contrary to law.
3 Section 20-75. Disputes and protests. The chief
4 procurement officers shall by rule establish procedures to be
5 followed by purchasing agencies in resolving protested
6 solicitations and awards and contract controversies, for
7 debarment or suspension of contractors, and for resolving
8 other procurement-related disputes.
9 Section 20-80. Contract files.
10 (a) Written determinations. All written determinations
11 required under this Article shall be placed in the contract
12 file maintained by the chief procurement officer.
13 (b) Filing with Comptroller. Whenever a contract
14 liability, except for:
15 (1) contracts paid from personal services, or
16 (2) contracts between the State and its employees
17 to defer compensation in accordance with Article 24 of
18 the Illinois Pension Code
19 exceeding $10,000 is incurred by any State agency, a copy of
20 the contract, purchase order, or lease shall be filed with
21 the Comptroller within 15 days thereafter. Any cancellation
22 or modification to any such contract liability shall be filed
23 with the Comptroller within 15 days of its execution.
24 (c) Late filing affidavit. When a contract, purchase
25 order, or lease required to be filed by this Section has not
26 been filed within 30 days of execution, the Comptroller shall
27 refuse to issue a warrant for payment thereunder until the
28 agency files with the Comptroller the contract, purchase
29 order, or lease and an affidavit, signed by the chief
30 executive officer of the agency or his or her designee,
31 setting forth an explanation of why the contract liability
32 was not filed within 30 days of execution. A copy of this
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1 affidavit shall be filed with the Auditor General.
2 (d) Professional and artistic services contracts. No
3 voucher shall be submitted to the Comptroller for a warrant
4 to be drawn for the payment of money from the State treasury
5 or from other funds held by the State Treasurer on account of
6 any contract for services involving professional or artistic
7 skills involving an expenditure of more than $5,000 for the
8 same type of service at the same location during any fiscal
9 year unless the contract is reduced to writing before the
10 services are performed and filed with the Comptroller. When
11 a contract for professional or artistic skills in excess of
12 $5,000 was not reduced to writing before the services were
13 performed, the Comptroller shall refuse to issue a warrant
14 for payment for the services until the State agency files
15 with the Comptroller:
16 (1) a written contract covering the services, and
17 (2) an affidavit, signed by the chief executive
18 officer of the State agency or his or her designee,
19 stating that the services for which payment is being made
20 were agreed to before commencement of the services and
21 setting forth an explanation of why the contract was not
22 reduced to writing before the services commenced.
23 A copy of this affidavit shall be filed with the Auditor
24 General. The Comptroller shall maintain professional or
25 artistic service contracts filed under this Section
26 separately from other filed contracts.
27 (e) Method of source selection. When a contract is
28 filed with the Comptroller under this Section, the
29 Comptroller's file shall identify the method of source
30 selection used in obtaining the contract.
31 Section 20-85. Federal requirements. A State agency
32 receiving federal-aid funds, grants, or loans shall have
33 authority to adopt its procedures, rules, project statements,
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1 drawings, maps, surveys, plans, specifications, contract
2 terms, estimates, bid forms, bond forms, and other documents
3 or practices to comply with the regulations, policies, and
4 procedures of the designated authority, administration, or
5 department of the United States, in order to remain eligible
6 for such federal-aid funds, grants, or loans.
7 Section 20-90. Foreign country procurements.
8 Procurements to meet the needs of State offices located in
9 foreign countries shall comply with the provisions of this
10 Code to the extent practical.
11 Section 20-95. Donations. Nothing in this Code or in
12 the rules promulgated under this Code shall prevent any State
13 agency from complying with the terms and conditions of any
14 grant, gift, or bequest that calls for the procurement of a
15 particular good or service or the use of a particular
16 contractor, provided that the grant, gift, or bequest
17 provides majority funding for the contract.
18 Section 20-105. State agency printing. All books,
19 pamphlets, documents, and reports published through or by the
20 State of Illinois or any State agency, board, or commission
21 shall have printed thereon "Printed by authority of the State
22 of Illinois", the date of each publication, the number of
23 copies printed, and the printing order number. Each using
24 agency shall be responsible for ascertaining the compliance
25 of printing materials procured by or for it with this
26 Section. No printing or reproduction contract shall be let
27 and no printing or reproduction shall be accomplished when
28 that wording does not appear on the material to be printed or
29 reproduced. No publication may have written, stamped, or
30 printed on it, or attached to it, "Compliments of ........
31 (naming a person)" or any words of similar import.
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1 Section 20-110. Printing cost offsets. The chief
2 procurement officer may promulgate rules permitting the
3 exchange of advertising rights in or receipt of free copies
4 of printed products procured under this Article as a means of
5 reducing printing costs. The rules shall specify the
6 appropriate method of source selection to be used to
7 competitively acquire printing cost offsets.
8 ARTICLE 25
9 SUPPLIES AND SERVICES (EXCLUDING
10 PROFESSIONAL OR ARTISTIC)
11 Section 25-5. Applicability. All contracts for supplies
12 and services, excluding professional or artistic services,
13 shall be procured in accordance with the provisions of this
14 Article.
15 Section 25-10. Authority. State purchasing officers
16 shall have the authority to procure supplies and services,
17 except as that authority may be limited by the chief
18 procurement officer.
19 Section 25-15. Method of source selection.
20 (a) Competitive sealed bidding. Except as provided in
21 subsection (b) and Sections 20-20, 20-25, and 20-30, all
22 State contracts for supplies and services shall be awarded by
23 competitive sealed bidding in accordance with Section 20-10.
24 (b) Other methods. The chief procurement officer may
25 establish by rule (i) categories of purchases, including
26 non-governmental joint purchases, that may be made without
27 competitive sealed bidding and (ii) the most competitive
28 alternate method of source selection that shall be used for
29 each category of purchase.
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1 Section 25-30. More favorable terms. A supply or
2 service contract may include, if determined by a State
3 purchasing officer to be in the best interests of the State,
4 a clause requiring that if more favorable terms are granted
5 by the contractor to any similar state or local governmental
6 agency in any state in a contemporaneous agreement let under
7 the same or similar financial terms and circumstances for
8 comparable supplies or services, the more favorable terms
9 shall be applicable under the contract.
10 Section 25-35. Purchase of coal and postage stamps.
11 (a) Delivery of necessary supplies. To avoid
12 interruption or impediment of delivery of necessary supplies,
13 commodities, and coal, State purchasing officers may make
14 purchases of or contracts for supplies and commodities after
15 April 30 of a fiscal year when delivery of the supplies and
16 commodities is to be made after June 30 of that fiscal year
17 and payment for which is to be made from appropriations for
18 the next fiscal year.
19 (b) Postage. All postage stamps purchased from State
20 funds must be perforated for identification purposes. A
21 General Assembly member may furnish the U.S. Post Office with
22 a warrant so as to allow for the creation or continuation of
23 a bulk rate mailing fund in the name of the General Assembly
24 member or may furnish a postage meter company or post office
25 with a warrant so as to facilitate the purchase of a postage
26 meter and its stamps. Any postage meter so purchased must
27 also contain a stamp that shall state "Official State Mail".
28 Section 25-45. Energy conservation program. State
29 purchasing officers may enter into energy conservation
30 program contracts that provide for utility cost savings. The
31 chief procurement officer shall promulgate and adopt rules
32 for the implementation of this Section.
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1 Section 25-55. Annual reports. Every printed annual
2 report produced by a State agency shall bear a statement
3 indicating whether it was printed by the State of Illinois or
4 by contract and indicating the printing cost per copy and the
5 number of copies printed. The Department of Central
6 Management Services shall prepare and submit to the General
7 Assembly on the fourth Wednesday of January in each year a
8 report setting forth with respect to each State agency for
9 the calendar year immediately preceding the calendar year in
10 which the report is filed the total quantity of annual
11 reports printed, the total cost, and the cost per copy and
12 the cost per page of the annual report of the State agency
13 printed during the calendar year covered by the report.
14 Section 25-60. Prevailing wage requirements.
15 (a) All services furnished under service contracts of
16 $2,000 or more or $200 or more per month and under printing
17 contracts shall be subject to the following prevailing wage
18 requirements:
19 (1) Not less than the general prevailing wage rate
20 of hourly wages for work of a similar character in the
21 locality in which the work is produced shall be paid by
22 the successful vendor to its employees who perform the
23 work on the State contracts. The bidder or offeror, in
24 order to be considered to be a responsible bidder or
25 offeror for the purposes of this Code, shall certify to
26 the purchasing agency that wages to be paid to its
27 employees are no less, and fringe benefits and working
28 conditions of employees are not less favorable, than
29 those prevailing in the locality where the contract is to
30 be performed. Prevailing wages and working conditions
31 shall be determined by the Director of the Illinois
32 Department of Labor.
33 (2) Whenever a collective bargaining agreement is
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1 in effect between an employer, other than a governmental
2 body, and service or printing employees as defined in
3 this Section who are represented by a responsible
4 organization that is in no way influenced or controlled
5 by the management, that agreement and its provisions
6 shall be considered as conditions prevalent in that
7 locality and shall be the minimum requirements taken into
8 consideration by the Director of Labor.
9 (3) Collective bargaining agreements between State
10 employees and the State of Illinois shall not be taken
11 into account by the Department of Labor in determining
12 the prevailing wage rate.
13 (b) As used in this Section, "services" means janitorial
14 cleaning services, window cleaning services, food services,
15 and security services. "Printing" means and includes all
16 processes and operations involved in printing, including but
17 not limited to letterpress, offset, and gravure processes,
18 the multilith method, photographic or other duplicating
19 process, the operations of composition, platemaking,
20 presswork, and binding, and the end products of those
21 processes, methods, and operations. As used in this Code
22 "printing" does not include photocopiers used in the course
23 of normal business activities, photographic equipment used
24 for geographic mapping, or printed matter that is commonly
25 available to the general public from contractor inventory.
26 (c) The terms "general prevailing rate of hourly wages",
27 "general prevailing rate of wages", or "prevailing rate of
28 wages" when used in this Section mean the hourly cash wages
29 plus fringe benefits for health and welfare, insurance,
30 vacations, and pensions paid generally, in the locality in
31 which the work is being performed, to employees engaged in
32 work of a similar character.
33 (d) "Locality" shall have the meaning established by
34 rule.
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1 (e) This Section does not apply to services furnished
2 under contracts for professional or artistic services.
3 (f) This Section does not apply to vocational programs
4 of training for physically or mentally handicapped persons or
5 to sheltered workshops for the severely disabled.
6 ARTICLE 30
7 CONSTRUCTION AND CONSTRUCTION-
8 RELATED PROFESSIONAL SERVICES
9 Section 30-5. Applicability. Construction and
10 construction-related professional services shall be procured
11 in accordance with this Article.
12 Section 30-10. Authority. Construction agencies shall
13 have the authority to procure construction and
14 construction-related professional services.
15 Section 30-15. Method of source selection.
16 (a) Competitive sealed bidding. Except as provided in
17 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
18 20-30, all State construction contracts shall be procured by
19 competitive sealed bidding in accordance with Section 20-10.
20 (b) Other methods. The Capital Development Board shall
21 establish by rule construction purchases that may be made
22 without competitive sealed bidding and the most competitive
23 alternate method of source selection that shall be used.
24 (c) Construction-related professional services. All
25 construction-related professional services contracts shall be
26 awarded in accordance with the provisions of the
27 Architectural, Engineering, and Land Surveying Qualifications
28 Based Selection Act. "Professional services" means those
29 services within the scope of the practice of architecture,
30 professional engineering, structural engineering, or
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1 registered land surveying, as defined by the laws of this
2 State.
3 (d) Correctional facilities. Remodeling and
4 rehabilitation projects at correctional facilities under
5 $25,000 funded from the General Revenue Fund are exempt from
6 the provisions of this Article. The Department of
7 Corrections may use inmate labor for the remodeling or
8 rehabilitation of correctional facilities on those projects
9 under $25,000 funded from the General Revenue Fund.
10 Section 30-20. Prequalification. The Capital
11 Development Board shall promulgate rules for the development
12 of prequalified supplier lists for construction and
13 construction-related professional services and the periodic
14 updating of those lists. Construction and
15 construction-related professional services contracts over
16 $25,000 may be awarded to any qualified suppliers.
17 Section 30-25. Retention of a percentage of contract
18 price. Whenever any contract entered into by a construction
19 agency for the repair, remodeling, renovation, or
20 construction of a building or structure, for the construction
21 or maintenance of a highway, as those terms are defined in
22 Article 2 of the Illinois Highway Code, or for the
23 reclamation of abandoned lands as those terms are defined in
24 Article I of the Abandoned Mined Lands and Water Reclamation
25 Act provides for the retention of a percentage of the
26 contract price until final completion and acceptance of the
27 work, upon the request of the contractor and with the
28 approval of the construction agency the amount so retained
29 may be deposited under a trust agreement with an Illinois
30 bank or financial institution of the contractor's choice and
31 subject to the approval of the construction agency. The
32 contractor shall receive any interest on the deposited
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1 amount. Upon application by the contractor, the trust
2 agreement must contain, at a minimum, the following
3 provisions:
4 (1) the amount to be deposited subject to the
5 trust;
6 (2) the terms and conditions of payment in case of
7 default by the contractor;
8 (3) the termination of the trust agreement upon
9 completion of the contract; and
10 (4) the contractor shall be responsible for
11 obtaining the written consent of the bank trustee and for
12 any costs or service fees.
13 The trust agreement may, at the discretion of the
14 construction agency and upon request of the contractor,
15 become effective at the time of the first partial payment in
16 accordance with existing statutes and rules.
17 Section 30-30. Contracts in excess of $250,000. For
18 building construction contracts in excess of $250,000,
19 separate specifications shall be prepared for all equipment,
20 labor, and materials in connection with the following 5
21 subdivisions of the work to be performed:
22 (1) plumbing;
23 (2) heating, piping, refrigeration, and automatic
24 temperature control systems, including the testing and
25 balancing of those systems;
26 (3) ventilating and distribution systems for
27 conditioned air, including the testing and balancing of
28 those systems;
29 (4) electric wiring; and
30 (5) general contract work.
31 The specifications must be so drawn as to permit separate
32 and independent bidding upon each of the 5 subdivisions of
33 work. All contracts awarded for any part thereof shall award
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1 the 5 subdivisions of work separately to responsible and
2 reliable persons, firms, or corporations engaged in these
3 classes of work. The contracts, at the discretion of the
4 construction agency, may be assigned to the successful bidder
5 on the general contract work or to the successful bidder on
6 the subdivision of work designated by the construction agency
7 before the bidding as the prime subdivision of work, provided
8 that all payments will be made directly to the contractors
9 for the 5 subdivisions of work upon compliance with the
10 conditions of the contract. A contract may be let for one or
11 more buildings in any project to the same contractor. The
12 specifications shall require, however, that unless the
13 buildings are identical, a separate price shall be submitted
14 for each building. The contract may be awarded to the lowest
15 responsible bidder for each or all of the buildings included
16 in the specifications.
17 Section 30-35. Expenditure in excess of contract price.
18 (a) Germaneness. No funds in excess of the contract
19 price may be obligated or expended unless the additional work
20 to be performed or materials to be furnished is germane to
21 the original contract. Even if germane to the original
22 contract, no additional expenditures or obligations may, in
23 their total combined amounts, be in excess of the percentages
24 of the original contract amount set forth in subsection (b)
25 unless they have received the prior written approval of the
26 construction agency. In the event that the total of the
27 combined additional expenditures or obligations exceeds the
28 percentages of the original contract amount set forth in
29 subsection (b), the construction agency shall investigate all
30 the additional expenditures or obligations in excess of the
31 original contract amount and shall in writing approve or
32 disapprove subsequent expenditures or obligations and state
33 in detail the reasons for the approval or disapproval.
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1 (b) Written determination required. When the contract
2 amount is no more than $75,000, the percentage shall be 9%
3 (maximum $6,750). When the contract amount is between
4 $75,001 and $200,000, the percentage shall be 7% of the
5 amount above $75,000 plus $6,750, but not to exceed 7% of
6 $200,000 (maximum $14,000). When the contract amount is
7 between $200,001 and $500,000, the percentage shall be 5% of
8 the amount above $200,000 plus $14,000, but not to exceed 5%
9 of $500,000 (maximum $25,000). When the contract amount is
10 in excess of $500,000, the percentage shall be 3% of the
11 amount above $500,000 plus $25,000.
12 Section 30-45. Other Acts. This Article is subject to
13 applicable provisions of the following Acts:
14 (1) the Prevailing Wage Act;
15 (2) the Public Construction Bond Act;
16 (3) the Public Works Employment Discrimination Act;
17 (4) the Public Works Preference Act;
18 (5) the Employment of Illinois Workers on Public
19 Works Act;
20 (6) the Public Contract Fraud Act; and
21 (7) the Illinois Construction Evaluation Act.
22 ARTICLE 35
23 PROCUREMENT OF PROFESSIONAL
24 AND ARTISTIC SERVICES
25 Section 35-5. Application. All professional and
26 artistic services shall be procured in accordance with the
27 provisions of this Article.
28 Section 35-10. Authority. Each State purchasing
29 officer, under the supervision of his or her respective chief
30 procurement officer, has the authority to select, according
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1 to the provisions of this Article, his or her own
2 professional and artistic services.
3 Section 35-15. Prequalification.
4 (a) The Director of Central Management Services and the
5 higher education chief procurement officer shall each develop
6 appropriate and reasonable prequalification standards and
7 categories of professional and artistic services.
8 (b) The prequalifications and categorizations shall be
9 submitted to the Procurement Policy Board and published for
10 public comment prior to their submission to the Joint
11 Committee on Administrative Rules for approval.
12 (c) The Director of Central Management Services and the
13 higher education chief procurement officer shall each also
14 assemble and maintain a comprehensive list of prequalified
15 and categorized businesses and persons.
16 (d) Prequalification shall not be used to bar or prevent
17 any qualified business or person for bidding or responding to
18 invitations for bid or proposal.
19 Section 35-20. Uniformity in procurement.
20 (a) The Director of Central Management Services and the
21 higher education chief procurement officer shall each
22 develop, cause to be printed, and distribute uniform
23 documents for the solicitation, review, and acceptance of all
24 professional and artistic services.
25 (b) All chief procurement officers, State purchasing
26 officers, and their designees shall use the appropriate
27 uniform procedures and forms specified in this Code for all
28 professional and artistic services.
29 (c) These forms shall include in detail, in writing, at
30 least:
31 (1) a description of the goal to be achieved;
32 (2) the services to be performed;
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1 (3) the need for the service;
2 (4) the qualifications that are necessary; and
3 (5) a plan for post-performance review.
4 Section 35-25. Uniformity in contract.
5 (a) The Director of Central Management Services and the
6 higher education chief procurement officer shall each
7 develop, cause to be printed, and distribute uniform
8 documents for the contracting of professional and artistic
9 services.
10 (b) All chief procurement officers, State purchasing
11 officers, and their designees shall use the appropriate
12 uniform contracts and forms in contracting for all
13 professional and artistic services.
14 (c) These contracts and forms shall include in detail,
15 in writing, at least:
16 (1) the detail listed in subsection (c) of Section
17 35-20;
18 (2) the duration of the contract, with a schedule
19 of delivery, when applicable;
20 (3) the method for charging and measuring cost
21 (hourly, per day, etc.);
22 (4) the rate of remuneration; and
23 (5) the maximum price.
24 Section 35-30. Awards.
25 (a) All State contracts for professional and artistic
26 services, except as provided in this Section, shall be
27 awarded using the competitive request for proposal process
28 outlined in this Section.
29 (b) For each contract offered, the chief procurement
30 officer, State purchasing officer, or his or her designee
31 shall use the appropriate standard solicitation forms
32 available from the Department of Central Management Services
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1 or the higher education chief procurement officer.
2 (c) Prepared forms shall be submitted to the Department
3 of Central Management Services or the higher education chief
4 procurement officer, whichever is appropriate, for
5 publication in its Illinois Procurement Bulletin and
6 circulation to the Department of Central Management Services'
7 or the higher education chief procurement officer's list of
8 prequalified vendors. Notice of the offer or request for
9 proposal shall appear at least 14 days before the response to
10 the offer is due.
11 (d) All interested respondents shall return their
12 responses to the Department of Central Management Services or
13 the higher education chief procurement officer, whichever is
14 appropriate, which shall open and record them. The
15 Department or higher education chief procurement officer then
16 shall forward the responses, together with any information it
17 has available about the qualifications and other State work
18 of the respondents.
19 (e) After evaluation, ranking, and selection, the
20 responsible chief procurement officer, State purchasing
21 officer, or his or her designee shall notify the Department
22 of Central Management Services or the higher education chief
23 procurement officer, whichever is appropriate, of the
24 successful respondent and shall forward a copy of the signed
25 contract for the Department's or higher education chief
26 procurement officer's file. The Department or higher
27 education chief procurement officer shall publish the names
28 of the responsible procurement decision-maker, the agency
29 letting the contract, the successful respondent, a contract
30 reference, and value of the let contract in the next
31 appropriate volume of the Illinois Procurement Bulletin.
32 (f) For all professional and artistic contracts with
33 annualized value that exceeds $25,000, evaluation and ranking
34 by price are required. Any chief procurement officer or
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1 State purchasing officer, but not their designees, may select
2 an offeror other than the lowest bidder by price. In any
3 case, when the contract exceeds the $25,000 threshhold and
4 the lowest bidder is not selected, the chief procurement
5 officer or the State purchasing officer shall forward
6 together with the contract notice of who the low bidder was
7 and a written decision as to why another was selected to the
8 Department of Central Management Services or the higher
9 education chief procurement officer, whichever is
10 appropriate. The Department or higher education chief
11 procurement officer shall publish as provided in subsection
12 (e) of Section 35-30, but shall include notice of the chief
13 procurement officer's or State purchasing officer's written
14 decision.
15 (g) The Department of Central Management Services and
16 higher education chief procurement officer may each refine,
17 but not contradict, this Section by promulgating rules for
18 submission to the Procurement Policy Board and then to the
19 Joint Committee on Administrative Rules. Any refinement
20 shall be based on the principles and procedures of the
21 federal Architect-Engineer Selection Law, Public Law 92-582
22 Brooks Act, and the Architectural, Engineering, and Land
23 Surveying Qualifications Based Selection Act; except that
24 pricing shall be an integral part of the selection process.
25 Section 35-35. Exceptions.
26 (a) Exceptions to Section 35-30 are allowed for sole
27 source procurements, emergency procurements, and at the
28 discretion of the chief procurement officer or the State
29 purchasing officer, but not their designees, for professional
30 and artistic contracts that are nonrenewable, one year or
31 less in duration, and have a value of less than $20,000.
32 (b) All exceptions granted under this Article must still
33 be submitted to the Department of Central Management Services
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1 or the higher education chief procurement officer, whichever
2 is appropriate, and published as provided for in subsection
3 (f) of Section 35-30, shall name the authorizing chief
4 procurement officer or State purchasing officer, and shall
5 include a brief explanation of the reason for the exception.
6 Section 35-40. Subcontractors.
7 (a) Any contract granted under this Article shall state
8 whether the services of a subcontractor will be used. The
9 contract shall include the names and addresses of all
10 subcontractors and the expected amount of money each will
11 receive under the contract.
12 (b) If at any time during the term of a contract, a
13 contractor adds or changes any subcontractors, he or she
14 shall promptly notify, in writing, the Department of Central
15 Management Services or the higher education chief procurement
16 officer, whichever is appropriate, and the responsible chief
17 procurement officer, State purchasing officer, or their
18 designee of the names and addresses and the expected amount
19 of money each new or replaced subcontractor will receive.
20 ARTICLE 40
21 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
22 Section 40-5. Applicability. All leases for real
23 property or capital improvements, including office and
24 storage space, buildings, and other facilities for State
25 agencies, shall be procured in accordance with the provisions
26 of this Article.
27 Section 40-10. Authority. State purchasing officers
28 shall have the authority to procure leases for real property
29 or capital improvements.
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1 Section 40-15. Method of source selection.
2 (a) Request for information. Except as provided in
3 subsections (b) and (c), all State contracts for leases of
4 real property or capital improvements shall be awarded by a
5 request for information process in accordance with Section
6 40-20.
7 (b) Other methods. A request for information process
8 need not be used in procuring any of the following leases:
9 (1) Property of less than 10,000 square feet.
10 (2) Rent of less than $100,000 per year.
11 (3) Duration of less than one year that cannot be
12 renewed.
13 (4) Specialized space available at only one
14 location.
15 (5) Renewal or extension of a lease in effect
16 before July 1, 1998; provided that: (i) the chief
17 procurement officer determines in writing that the
18 renewal or extension is in the best interest of the
19 State; (ii) the chief procurement officer submits his or
20 her written determination and the renewal or extension to
21 the Board; (iii) the Board does not object in writing to
22 the renewal or extension within 30 days after its
23 submission; and (iv) the chief procurement officer
24 publishes the renewal or extension in the appropriate
25 volume of the Procurement Bulletin.
26 (c) Leases with governmental units. Leases with other
27 governmental units may be negotiated without using the
28 request for information process when deemed by the chief
29 procurement officer to be in the best interest of the State.
30 Section 40-20. Request for information.
31 (a) Conditions for use. Leases shall be procured by
32 request for information except as otherwise provided in
33 Section 40-15.
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1 (b) Form. A request for information shall be issued and
2 shall include:
3 (1) the type of property to be leased;
4 (2) the proposed uses of the property;
5 (3) the duration of the lease;
6 (4) the preferred location of the property; and
7 (5) a general description of the configuration
8 desired.
9 (c) Public notice. Public notice of the request for
10 information for the availability of real property to lease
11 shall be published in the appropriate volume of the Illinois
12 Procurement Bulletin at least 14 days before the date set
13 forth in the request for receipt of responses and shall also
14 be published in similar manner in a newspaper of general
15 circulation in the community or communities where the using
16 agency is seeking space.
17 (d) Response. The request for information response
18 shall consist of written information sufficient to show that
19 the respondent can meet minimum criteria set forth in the
20 request. State purchasing officers may enter into
21 discussions with respondents for the purpose of clarifying
22 State needs and the information supplied by the respondents.
23 On the basis of the information supplied and discussions, if
24 any, a State purchasing officer shall make a written
25 determination identifying the responses that meet the minimum
26 criteria set forth in the request for information.
27 Negotiations shall be entered into with all qualified
28 respondents for the purpose of securing a lease that is in
29 the best interest of the State. A written report of the
30 negotiations shall be retained in the lease files and shall
31 include the reasons for the final selection. All leases
32 shall be reduced to writing and filed in accordance with the
33 provisions of Section 20-80.
34 When the lowest response by price is not selected, the
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1 State purchasing officer shall forward to the chief
2 procurement officer, along with the lease, notice of the
3 identity of the lowest respondent by price and written
4 reasons for the selection of a different response. The chief
5 procurement officer shall publish the written reasons in the
6 next volume of the Illinois Procurement Bulletin.
7 Section 40-25. Length of leases.
8 (a) Maximum term. Leases shall be for a term not to
9 exceed 10 years and shall include a termination option in
10 favor of the State after 5 years.
11 (b) Renewal. Leases may include a renewal option. An
12 option to renew may be exercised only when a State purchasing
13 officer determines in writing that renewal is in the best
14 interest of the State and notice of the exercise of the
15 option is published in the appropriate volume of the
16 Procurement Bulletin at least 60 days prior to the exercise
17 of the option.
18 (c) Subject to appropriation. All leases shall recite
19 that they are subject to termination and cancellation in any
20 year for which the General Assembly fails to make an
21 appropriation to make payments under the terms of the lease.
22 Section 40-30. Purchase option. Initial leases of all
23 space in entire, free-standing buildings shall include an
24 option to purchase exerciseable by the State, unless the
25 purchasing officer determines that inclusion of such purchase
26 option is not in the State's best interest and makes that
27 determination in writing along with the reasons for making
28 that determination and publishes the written determination in
29 the appropriate volume of the Procurement Bulletin. Leases
30 from governmental units and not-for-profit entities are
31 exempt from the requirements of this Section.
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1 Section 40-35. Rent without occupancy. Except when
2 deemed by the Board to be in the best interest of the State,
3 no State agency may incur rental obligations before occupying
4 the space rented.
5 Section 40-40. Local site preferences. Upon the request
6 of the chief executive officer of a unit of local government,
7 leasing preferences may be given to sites located in
8 enterprise zones, tax increment districts, or redevelopment
9 districts.
10 ARTICLE 45
11 PREFERENCES
12 Section 45-5. Procurement preferences. To promote
13 business and employment opportunities in Illinois,
14 procurement preferences are established and shall be
15 applicable to any procurement made under this Code.
16 Section 45-10. Resident bidders.
17 (a) Amount of preference. When a contract is to be
18 awarded to the lowest responsible bidder, a resident bidder
19 shall be allowed a preference as against a non-resident
20 bidder from any state that gives or requires a preference to
21 bidders from that state. The preference shall be equal to
22 the preference given or required by the state of the
23 non-resident bidder. Further, if only non-resident bidders
24 are bidding, the purchasing agency is within its right to
25 specify that Illinois labor and manufacturing locations be
26 used as a part of the manufacturing process, if applicable.
27 This specification may be negotiated as part of the
28 solicitation process.
29 (b) Residency. A resident bidder is a person authorized
30 to transact business in this State and having a bona fide
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1 establishment for transacting business within this State
2 where it was actually transacting business on the date when
3 any bid for a public contract is first advertised or
4 announced. A resident bidder includes a foreign corporation
5 duly authorized to transact business in this State that has a
6 bona fide establishment for transacting business within this
7 State where it was actually transacting business on the date
8 when any bid for a public contract is first advertised or
9 announced.
10 (c) Federal funds. This Section does not apply to any
11 contract for any project as to which federal funds are
12 available for expenditure when its provisions may be in
13 conflict with federal law or federal regulation.
14 Section 45-15. Soybean oil-based ink. Contracts
15 requiring the procurement of printing services shall specify
16 the use of soybean oil-based ink unless a State purchasing
17 officer determines that another type of ink is required to
18 assure high quality and reasonable pricing of the printed
19 product.
20 Section 45-20. Recycled materials. When a public
21 contract is to be awarded to the lowest responsible bidder,
22 an otherwise qualified bidder who will fulfill the contract
23 through the use of products made of recycled materials may,
24 on a pilot basis or in accordance with a pilot study, be
25 given preference over other bidders unable to do so, provided
26 that the cost included in the bid of products made of
27 recycled materials is not more than 10% greater than the cost
28 of products not made of recycled materials.
29 Section 45-25. Recyclable paper. All paper purchased
30 for use by State agencies must be recyclable paper unless
31 recyclable paper cannot be used to meet the requirements of
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1 the State agencies. State agencies shall determine their
2 paper requirements to allow the use of recyclable paper
3 whenever possible, including without limitation using plain
4 paper rather than colored paper that is not recyclable.
5 Section 45-30. Correctional industries. Notwithstanding
6 anything to the contrary in other law, the chief procurement
7 officer shall, in consultation with the Department of
8 Corrections, determine which articles, materials, industry
9 related services, food stuffs, and supplies that are produced
10 or manufactured by persons confined in institutions and
11 facilities of the Department of Corrections shall be given
12 preference by purchasing agencies procuring those items. The
13 chief procurement officer shall develop and distribute to the
14 various purchasing and using agencies procedures for
15 implementing this Section.
16 Section 45-35. Sheltered workshops for the severely
17 handicapped.
18 (a) Qualification. Supplies and services may be
19 procured without advertising or calling for bids from any
20 qualified not-for-profit agency for the severely handicapped
21 that:
22 (1) complies with Illinois laws governing private
23 not-for-profit organizations;
24 (2) is certified as a sheltered workshop by the
25 Wage and Hour Division of the United States Department of
26 Labor; and
27 (3) meets the Illinois Department of Human Services
28 just standards for rehabilitation facilities.
29 (b) Participation. To participate, the not-for-profit
30 agency must have indicated an interest in providing the
31 supplies and services, must meet the specifications and needs
32 of the using agency, and must set a fair market price.
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1 (c) Committee. There is created within the Department
2 of Central Management Services a committee to facilitate the
3 purchase of products and services of persons so severely
4 handicapped by a physical or mental disability that they
5 cannot engage in normal competitive employment. The
6 committee shall consist of the Director of the Department of
7 Central Management Services, the Director of the Department
8 of Human Services, and 2 representatives from private
9 business and 2 public members all appointed by the Governor
10 who are knowledgeable in the needs and concerns of
11 rehabilitation facilities in Illinois. The public members
12 shall serve 2 year terms, commencing upon appointment and
13 every 2 years thereafter. A public member may be
14 reappointed, and vacancies may be filled by appointment for
15 the completion of the term. The members shall serve without
16 compensation but shall be reimbursed for expenses at a rate
17 equal to that of State employees on a per diem basis by the
18 Department of Central Management Services. All members shall
19 be entitled to vote on issues before the committee.
20 The committee shall have the following powers and duties:
21 (1) To request from any State agency information as
22 to product specification and service requirements in
23 order to carry out its purpose.
24 (2) To meet quarterly or more often as necessary to
25 carry out its purposes.
26 (3) To request a quarterly report from each
27 participating qualified not-for-profit agency for the
28 severely handicapped describing the volume of sales for
29 each product or service sold under this Section.
30 (4) To prepare a report for the Governor annually.
31 (5) To prepare a publication that lists all
32 supplies and services currently available from any
33 qualified not-for-profit agency for the severely
34 handicapped. This list and any revisions shall be
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1 distributed to all purchasing agencies.
2 (6) To encourage diversity in supplies and services
3 provided by qualified not-for-profit agencies for the
4 severely handicapped and discourage unnecessary
5 duplication or competition among facilities.
6 (7) To develop guidelines to be followed by
7 qualifying agencies for participation under the
8 provisions of this Section. The guidelines shall be
9 developed within 6 months after the effective date of
10 this Code and made available on a nondiscriminatory basis
11 to all qualifying agencies.
12 (8) To review all bids submitted under the
13 provisions of this Section and reject any bid for any
14 purchase that is determined to be substantially more than
15 the purchase would have cost had it been competitively
16 bid.
17 (d) Former committee. The committee created under
18 subsection (c) shall replace the committee created under
19 Section 7-2 of the Illinois Purchasing Act, which shall
20 continue to operate until the appointments under subsection
21 (c) are made.
22 Section 45-40. Gas mileage.
23 (a) Specification. Contracts for the purchase or lease
24 of new passenger automobiles, other than station wagons,
25 vans, four-wheel drive vehicles, emergency vehicles, and
26 police and fire vehicles, shall specify the procurement of a
27 model that, according to the most current mileage study
28 published by the U.S. Environmental Protection Agency, can
29 achieve at least the minimum average fuel economy in miles
30 per gallon imposed upon manufacturers of vehicles under Title
31 V of The Motor Vehicle Information and Cost Savings Act.
32 (b) Exemptions. The State purchasing officer may exempt
33 procurements from the requirement of subsection (a) when
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1 there is a demonstrated need, submitted in writing, for an
2 automobile that does not meet the minimum average fuel
3 economy standards. The chief procurement officer shall
4 promulgate rules for determining need consistent with the
5 intent of this Section.
6 Section 45-45. Small businesses.
7 (a) Set-asides. The chief procurement officer has
8 authority to designate as small business set-asides a fair
9 proportion of construction, supply, and service contracts for
10 award to small businesses in Illinois. Advertisements for
11 bids or offers for those contracts shall specify designation
12 as small business set-asides. In awarding the contracts,
13 only bids or offers from qualified small businesses shall be
14 considered.
15 (b) Small business. "Small business" means a business
16 that is independently owned and operated and that is not
17 dominant in its field of operation. The chief procurement
18 officer shall establish a detailed definition by rule, using
19 in addition to the foregoing criteria other criteria,
20 including the number of employees and the dollar volume of
21 business. When computing the size status of a bidder, annual
22 sales and receipts of the bidder and all of its affiliates
23 shall be included. The maximum number of employees and the
24 maximum dollar volume that a small business may have under
25 the rules promulgated by the chief procurement officer may
26 vary from industry to industry to the extent necessary to
27 reflect differing characteristics of those industries,
28 subject to the following limitations:
29 (1) No wholesale business is a small business if
30 its annual sales for its most recently completed fiscal
31 year exceed $7,500,000.
32 (2) No retail business or business selling services
33 is a small business if its annual sales and receipts
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1 exceed $1,500,000.
2 (3) No manufacturing business is a small business
3 if it employs more than 250 persons.
4 (4) No construction business is a small business if
5 its annual sales and receipts exceed $3,000,000.
6 (c) Fair proportion. For the purpose of subsection (a),
7 for State agencies of the executive branch, a fair proportion
8 of construction contracts shall be no less than 25% nor more
9 than 40% of the annual total contracts for construction.
10 (d) Withdrawal of designation. A small business
11 set-aside designation may be withdrawn by the purchasing
12 agency when deemed in the best interests of the State. Upon
13 withdrawal, all bids or offers shall be rejected, and the
14 bidders or offerors shall be notified of the reason for
15 rejection. The contract shall then be awarded in accordance
16 with this Code without the designation of small business
17 set-aside.
18 (e) Small business specialist. The chief procurement
19 officer shall designate a State purchasing officer who will
20 be responsible for engaging an experienced contract
21 negotiator to serve as its small business specialist, whose
22 duties shall include:
23 (1) Compiling and maintaining a comprehensive
24 bidders list of small businesses. In this duty, he or
25 she shall cooperate with the Federal Small Business
26 Administration in locating potential sources for various
27 products and services.
28 (2) Assisting small businesses in complying with
29 the procedures for bidding on State contracts.
30 (3) Examining requests from State agencies for the
31 purchase of property or services to help determine which
32 invitations to bid are to be designated small business
33 set-asides.
34 (4) Making recommendations to the chief procurement
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1 officer for the simplification of specifications and
2 terms in order to increase the opportunities for small
3 business participation.
4 (5) Assisting in investigations by purchasing
5 agencies to determine the responsibility of bidders on
6 small business set-asides.
7 (f) Small business annual report. The State purchasing
8 officer designated under subsection (e) shall annually before
9 December 1 report in writing to the General Assembly
10 concerning the awarding of contracts to small businesses.
11 The report shall include the total value of awards made in
12 the preceding fiscal year under the designation of small
13 business set-aside.
14 The requirement for reporting to the General Assembly
15 shall be satisfied by filing copies of the report as required
16 by Section 3.1 of the General Assembly Organization Act.
17 Section 45-50. Illinois agricultural products. In
18 awarding contracts requiring the procurement of agricultural
19 products, preference may be given to an otherwise qualified
20 bidder or offeror who will fulfill the contract through the
21 use of agricultural products grown in Illinois.
22 Section 45-55. Corn-based plastics. In awarding
23 contracts requiring the procurement of plastic products,
24 preference may be given to an otherwise qualified bidder or
25 offeror who will fulfill the contract through the use of
26 plastic products made from Illinois corn by-products.
27 Section 45-60. Vehicles powered by agricultural
28 commodity-based fuel. In awarding contracts requiring the
29 procurement of vehicles, preference may be given to an
30 otherwise qualified bidder or offeror who will fulfill the
31 contract through the use of vehicles powered by ethanol
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1 produced from Illinois corn or biodiesel fuels produced from
2 Illinois soybeans.
3 Section 45-65. Additional preferences. This Code is
4 subject to applicable provisions of:
5 (1) the Public Purchases in Other States Act;
6 (2) the Illinois Mined Coal Act;
7 (3) the Steel Products Procurement Act;
8 (4) the Veterans Preference Act; and
9 (5) the Business Enterprise for Minorities,
10 Females, and Persons with Disabilities Act.
11 ARTICLE 50
12 PROCUREMENT ETHICS AND DISCLOSURE
13 Section 50-1. Purpose. It is the express duty of all
14 chief procurement officers, State purchasing officers, and
15 their designees to maximize the value of the expenditure of
16 public moneys in procuring goods, services, and contracts for
17 the State of Illinois and to act in a manner that maintains
18 the integrity and public trust of State government. In
19 discharging this duty, they are charged to use all available
20 information, reasonable efforts, and reasonable actions to
21 protect, safeguard, and maintain the procurement process of
22 the State of Illinois.
23 Section 50-5. Bribery.
24 (a) Prohibition. No person or business shall be awarded
25 a contract or subcontract under this Code who:
26 (1) has been convicted under the laws of Illinois
27 or any other state of bribery or attempting to bribe an
28 officer or employee of the State of Illinois or any other
29 state in that officer's or employee's official capacity;
30 or
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1 (2) has made an admission of guilt of that conduct
2 that is a matter of record but has not been prosecuted
3 for that conduct.
4 (b) Businesses. No business shall be barred from
5 contracting with any unit of State or local government as a
6 result of a conviction under this Section of any employee or
7 agent of the business if the employee or agent is no longer
8 employed by the business and:
9 (1) the business has been finally adjudicated not
10 guilty; or
11 (2) the business demonstrates to the governmental
12 entity with which it seeks to contract, and that entity
13 finds that the commission of the offense was not
14 authorized, requested, commanded, or performed by a
15 director, officer, or high managerial agent on behalf of
16 the business as provided in paragraph (2) of subsection
17 (a) of Section 5-4 of the Criminal Code of 1961.
18 (c) Conduct on behalf of business. For purposes of this
19 Section, when an official, agent, or employee of a business
20 committed the bribery or attempted bribery on behalf of the
21 business and in accordance with the direction or
22 authorization of a responsible official of the business, the
23 business shall be chargeable with the conduct.
24 (d) Certification. Every bid submitted to and contract
25 executed by the State shall contain a certification by the
26 contractor that the contractor is not barred from being
27 awarded a contract or subcontract under this Section. A
28 contractor who makes a false statement, material to the
29 certification, commits a Class 3 felony.
30 Section 50-10. Felons. Unless otherwise provided, no
31 person or business convicted of a felony shall do business
32 with the State of Illinois or any State agency from the date
33 of conviction until 5 years after the date of completion of
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1 the sentence for that felony, unless no person held
2 responsible by a prosecutorial office for the facts upon
3 which the conviction was based continues to have any
4 involvement with the business.
5 Section 50-13. Conflicts of interest.
6 (a) Prohibition. It is unlawful for any person holding
7 an elective office in this State, holding a seat in the
8 General Assembly, or appointed to or employed in any of the
9 offices or agencies of State government and who receives
10 compensation for such employment in excess of 60% of the
11 salary of the Governor of the State of Illinois, or who is an
12 officer or employee of the Capital Development Board or the
13 Illinois Toll Highway Authority, or who is the spouse or
14 minor child of any such person to have or acquire any
15 contract, or any direct pecuniary interest in any contract
16 therein, whether for stationery, printing, paper, or any
17 services, materials, or supplies, that will be wholly or
18 partially satisfied by the payment of funds appropriated by
19 the General Assembly of the State of Illinois or in any
20 contract of the Capital Development Board or the Illinois
21 Toll Highway Authority.
22 (b) Interests. It is unlawful for any firm,
23 partnership, association, or corporation, in which any person
24 listed in subsection (a) is entitled to receive (i) more than
25 7 1/2% of the total distributable income or (ii) an amount in
26 excess of the salary of the Governor, to have or acquire any
27 such contract or direct pecuniary interest therein.
28 (c) Combined interests. It is unlawful for any firm,
29 partnership, association, or corporation, in which any person
30 listed in subsection (a) together with his or her spouse or
31 minor children is entitled to receive (i) more than 15%, in
32 the aggregate, of the total distributable income or (ii) an
33 amount in excess of 2 times the salary of the Governor, to
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1 have or acquire any such contract or direct pecuniary
2 interest therein.
3 (d) Securities. Nothing in this Section invalidates the
4 provisions of any bond or other security previously offered
5 or to be offered for sale or sold by or for the State of
6 Illinois.
7 (e) Prior interests. This Section does not affect the
8 validity of any contract made between the State and an
9 officer or employee of the State or member of the General
10 Assembly, his or her spouse, minor child or any combination
11 of those persons if that contract was in existence before his
12 or her election or employment as an officer, member, or
13 employee. The contract is voidable, however, if it cannot be
14 completed within 365 days after the officer, member, or
15 employee takes office or is employed.
16 (f) Exceptions.
17 (1) Public aid payments. This Section does not
18 apply to payments made for a public aid recipient.
19 (2) Teaching. This Section does not apply to a
20 contract for personal services as a teacher or school
21 administrator between a member of the General Assembly or
22 his or her spouse, or a State officer or employee or his
23 or her spouse, and any school district, public community
24 college district, the University of Illinois, Southern
25 Illinois University, Illinois State University, Eastern
26 Illinois University, Northern Illinois University,
27 Western Illinois University, Chicago State University,
28 Governor State University, or Northeastern Illinois
29 University.
30 (3) Ministerial duties. This Section does not
31 apply to a contract for personal services of a wholly
32 ministerial character, including but not limited to
33 services as a laborer, clerk, typist, stenographer, page,
34 bookkeeper, receptionist, or telephone switchboard
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1 operator, made by a spouse or minor child of an elective
2 or appointive State officer or employee or of a member of
3 the General Assembly.
4 (4) Child and family services. This Section does
5 not apply to payments made to a member of the General
6 Assembly, a State officer or employee, his or her spouse
7 or minor child acting as a foster parent, homemaker,
8 advocate, or volunteer for or in behalf of a child or
9 family served by the Department of Children and Family
10 Services.
11 (5) Licensed professionals. Contracts with licensed
12 professionals, provided they are competitively bid or
13 part of a reimbursement program for specific, customary
14 goods and services through the Department of Children and
15 Family Services, the Department of Human Services, the
16 Department of Public Aid, the Department of Public
17 Health, or the Department on Aging.
18 (g) Penalty. A person convicted of a violation of this
19 Section is guilty of a business offense and shall be fined
20 not less than $1,000 nor more than $5,000.
21 Section 50-15. Negotiations.
22 (a) It is unlawful for any person employed in or on a
23 continual contractual relationship with any of the offices or
24 agencies of State government to participate in contract
25 negotiations on behalf of that office or agency with any
26 firm, partnership, association, or corporation with whom that
27 person has a contract for future employment or is negotiating
28 concerning possible future employment.
29 (b) Any person convicted of a violation of this Section
30 is guilty of a business offense and shall be fined not less
31 than $1,000 nor more than $5,000.
32 Section 50-20. Exemptions. With the approval of the
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1 appropriate chief procurement officer involved, the Governor,
2 or an executive ethics board or commission he or she
3 designates, may exempt named individuals from the
4 prohibitions of Section 50-13 when, in his, her, or its
5 judgment, the public interest in having the individual in the
6 service of the State outweighs the public policy evidenced in
7 that Section. An exemption is effective only when it is
8 filed with the Secretary of State and the Comptroller and
9 includes a statement setting forth the name of the individual
10 and all the pertinent facts that would make that Section
11 applicable, setting forth the reason for the exemption, and
12 declaring the individual exempted from that Section. Notice
13 of each exemption shall be published in the Illinois
14 Procurement Bulletin.
15 Section 50-25. Inducement. Any person who offers or
16 pays any money or other valuable thing to any person to
17 induce him or her not to bid for a State contract or as
18 recompense for not having bid on a State contract is guilty
19 of a Class 4 felony. Any person who accepts any money or
20 other valuable thing for not bidding for a State contract or
21 who withholds a bid in consideration of the promise for the
22 payment of money or other valuable thing is guilty of a Class
23 4 felony.
24 Section 50-30. Revolving door prohibition. Chief
25 procurement officers, associate procurement officers, State
26 purchasing officers, their designees whose principal duties
27 are directly related to State procurement, and executive
28 officers confirmed by the Senate are expressly prohibited for
29 a period of 2 years after terminating an affected position
30 from engaging in any procurement activity relating to the
31 State agency most recently employing them in an affected
32 position for a period of at least 6 months. The prohibition
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1 includes but is not limited to: lobbying the procurement
2 process; specifying; bidding; proposing bid, proposal, or
3 contract documents; on their own behalf or on behalf of any
4 firm, partnership, association, or corporation. This Section
5 applies only to persons who terminate an affected position on
6 or after January 15, 1999.
7 Section 50-35. Disclosure and potential conflicts of
8 interest.
9 (a) All offers from responsive bidders or offerors with
10 an annual value of more than $10,000 shall be accompanied by
11 disclosure of the financial interests of the contractor,
12 bidder, or proposer. The financial disclosure of each
13 successful bidder or offeror shall become part of the
14 publicly available contract or procurement file maintained by
15 the appropriate chief procurement officer.
16 (b) Disclosure by the responsive bidders or offerors
17 shall include any ownership or distributive income share that
18 is in excess of 5%, or an amount greater than 60% of the
19 annual salary of the Governor, of the bidding entity or its
20 parent entity, whichever is less, unless the contractor or
21 bidder is a publicly traded entity subject to Federal 10K
22 reporting, in which case it may submit its 10K disclosure in
23 place of the prescribed disclosure. The form of disclosure
24 shall be prescribed by the applicable chief procurement
25 officer and must include at least the names, addresses, and
26 dollar or proportionate share of ownership of each person
27 identified in this Section, their instrument of ownership or
28 beneficial relationship, and notice of any potential conflict
29 of interest resulting from the current ownership or
30 beneficial relationship of each person identified in this
31 Section having in addition any of the following
32 relationships:
33 (1) State employment, currently or in the previous
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1 3 years, including contractual employment of services.
2 (2) State employment of spouse, father, mother,
3 son, or daughter, including contractual employment for
4 services in the previous 2 years.
5 (3) Elective status; the holding of elective office
6 of the State of Illinois, the government of the United
7 States, any unit of local government authorized by the
8 Constitution of the State of Illinois or the statutes of
9 the State of Illinois currently or in the previous 3
10 years.
11 (4) Relationship to anyone holding elective office
12 currently or in the previous 2 years; spouse, father,
13 mother, son, or daughter.
14 (5) Appointive office; the holding of any
15 appointive government office of the State of Illinois,
16 the United States of America, or any unit of local
17 government authorized by the Constitution of the State of
18 Illinois or the statutes of the State of Illinois, which
19 office entitles the holder to compensation in excess of
20 expenses incurred in the discharge of that office
21 currently or in the previous 3 years.
22 (6) Relationship to anyone holding appointive
23 office currently or in the previous 2 years; spouse,
24 father, mother, son, or daughter.
25 (7) Employment, currently or in the previous 3
26 years, as or by any registered lobbyist of the State
27 government.
28 (8) Relationship to anyone who is or was a
29 registered lobbyist in the previous 2 years; spouse,
30 father, mother, son, or daughter.
31 (9) Compensated employment, currently or in the
32 previous 3 years, by any registered election or
33 re-election committee registered with the Secretary of
34 State or any county clerk in the State of Illinois, or
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1 any political action committee registered with either the
2 Secretary of State or the Federal Board of Elections.
3 (10) Relationship to anyone; spouse, father,
4 mother, son, or daughter; who is or was a compensated
5 employee in the last 2 years of any registered election
6 or re-election committee registered with the Secretary of
7 State or any county clerk in the State of Illinois, or
8 any political action committee registered with either the
9 Secretary of State or the Federal Board of Elections.
10 (c) The disclosure in subsection (b) is not intended to
11 prohibit or prevent any contract. The disclosure is meant to
12 fully and publicly disclose any potential conflict to the
13 chief procurement officers, State purchasing officers, their
14 designees, and executive officers so they may adequately
15 discharge their duty to protect the State.
16 (d) In the case of any contract for personal services in
17 excess of $50,000; any contract competitively bid in excess
18 of $250,000; any other contract in excess of $50,000; when a
19 potential for a conflict of interest is identified,
20 discovered, or reasonably suspected it shall be reviewed and
21 commented on in writing by the Governor of the State of
22 Illinois, or by an executive ethics board or commission he or
23 she might designate. The comment shall be returned to the
24 responsible chief procurement officer who must rule in
25 writing whether to void or allow the contract, bid, offer, or
26 proposal weighing the best interest of the State of Illinois.
27 The comment and determination shall become a publicly
28 available part of the contract, bid, or proposal file.
29 (e) These threshholds and disclosure do not relieve the
30 chief procurement officer, the State purchasing officer, or
31 their designees from reasonable care and diligence for any
32 contract, bid, offer, or proposal. The chief procurement
33 officer, the State purchasing officer, or their designees
34 shall be responsible for using any reasonably known and
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1 publicly available information to discover any undisclosed
2 potential conflict of interest and act to protect the best
3 interest of the State of Illinois.
4 (f) Inadvertent or accidental failure to fully disclose
5 shall render the contract, bid, proposal, or relationship
6 voidable by the chief procurement officer if he or she deems
7 it in the best interest of the State of Illinois and, at his
8 or her discretion, may be cause for barring from future
9 contracts, bids, proposals, or relationships with the State
10 for a period of up to 2 years.
11 (g) Intentional, willful, or material failure to
12 disclose shall render the contract, bid, proposal, or
13 relationship voidable by the chief procurement officer if he
14 or she deems it in the best interest of the State of Illinois
15 and shall result in debarment from future contracts, bids,
16 proposals, or relationships for a period of not less than 2
17 years and not more than 10 years. Reinstatement after 2
18 years and before 10 years must be reviewed and commented on
19 in writing by the Governor of the State of Illinois, or by an
20 executive ethics board or commission he or she might
21 designate. The comment shall be returned to the responsible
22 chief procurement officer who must rule in writing whether
23 and when to reinstate.
24 (h) In addition, all disclosures shall note any other
25 current or pending contracts, proposals, leases, or other
26 ongoing procurement relationships the bidding, proposing, or
27 offering entity has with any other unit of State government
28 and shall clearly identify the unit and the contract,
29 proposal, lease, or other relationship.
30 Section 50-40. Reporting anticompetitive practices.
31 When, for any reason, any vendor, bidder, contractor, chief
32 procurement officer, State purchasing officer, designee,
33 elected official, or State employee suspects collusion or
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1 other anticompetitive practice among any bidders, offerors,
2 contractors, proposers, or employees of the State, a notice
3 of the relevant facts shall be transmitted to the Attorney
4 General and the chief procurement officer.
5 Section 50-45. Confidentiality. Any chief procurement
6 officer, State purchasing officer, designee, or executive
7 officer who willfully uses or allows the use of
8 specifications, competitive bid documents, proprietary
9 competitive information, proposals, contracts, or selection
10 information to compromise the fairness or integrity of the
11 procurement, bidding, or contract process shall be subject to
12 immediate dismissal, regardless of the Personnel Code, any
13 contract, or any collective bargaining agreement, and may in
14 addition be subject to criminal prosecution.
15 Section 50-50. Insider information. It is unlawful for
16 any current or former elected or appointed State official or
17 State employee to knowingly use confidential information
18 available only by virtue of that office or employment for
19 actual or anticipated gain for themselves or another person.
20 Section 50-55. Supply inventory. Every State agency
21 shall inventory or stock no more than a 12-month need of
22 equipment, supplies, commodities, articles, and other items,
23 except as otherwise authorized by the State agency's
24 regulations. Every State agency shall periodically review
25 its inventory to ensure compliance with this Section. If,
26 upon review, an agency determines it has more than a 12-month
27 supply of any equipment, supplies, commodities, or other
28 items, the agency shall undertake transfers of the
29 oversupplied items or other action necessary to maintain
30 compliance with this Section. This Section shall not apply
31 to lifesaving medications, mechanical spare parts, and items
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1 for which the supplier requires a minimum order stipulation.
2 Section 50-60. Voidable contracts. If any contract is
3 entered into or purchase or expenditure of funds is made in
4 violation of this Code or any other law, the contract may be
5 declared void by the chief procurement officer or may be
6 ratified and affirmed, provided the chief procurement officer
7 determines that ratification is in the best interests of the
8 State. If the contract is ratified and affirmed, it shall be
9 without prejudice to the State's rights to any appropriate
10 damages.
11 Section 50-65. Contractor suspension. Any contractor
12 may be suspended for violation of this Code or for failure to
13 conform to specifications or terms of delivery. Suspension
14 shall be for cause and may be for a period of up to 5 years
15 at the discretion of the applicable chief procurement
16 officer. Contractors may be debarred in accordance with rules
17 promulgated by the chief procurement officer or as otherwise
18 provided by law.
19 Section 50-70. Additional provisions. This Code is
20 subject to applicable provisions of the following Acts:
21 (1) Article 33E of the Criminal Code of 1961;
22 (2) the Illinois Human Rights Act;
23 (3) the Discriminatory Club Act;
24 (4) the Illinois Governmental Ethics Act;
25 (5) the State Prompt Payment Act;
26 (6) the Public Officer Prohibited Activities Act;
27 and
28 (7) the Drug Free Workplace Act.
29 Section 50-75. Other violations.
30 (a) Any chief procurement officer, State purchasing
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1 officer, or designee who willfully violates or allows the
2 violation of this Code shall be subject to immediate
3 dismissal, regardless of the Personnel Code, any contract, or
4 any collective bargaining agreement.
5 (b) Except as otherwise provided in this Code, whoever
6 violates this Code or the rules promulgated under it is
7 guilty of a Class A misdemeanor.
8 ARTICLE 53
9 CONCESSIONS
10 Section 53-10. Concessions and leases of State property.
11 (a) Except for property under the jurisdiction of a
12 public institution of higher education, concessions,
13 including the assignment, license, sale, or transfer of
14 interests in or rights to discoveries, inventions, patents,
15 or copyrightable works, may be entered into by the State
16 agency with jurisdiction over the property, whether tangible
17 or intangible.
18 (b) Except for property under the jurisdiction of a
19 public institution of higher education, all concessions shall
20 be reduced to writing and shall be awarded under the
21 provisions of Article 20, except that the contract shall be
22 awarded to the highest and best bidder or offeror.
23 Section 53-20. Contract duration and terms. Except for
24 property under the jurisdiction of a public institution of
25 higher education, the duration and terms of concessions and
26 leases of State property shall be in accordance with this
27 Code or other applicable law.
28 Section 53-25. Public institutions of higher education.
29 Each public institution of higher education may enter into
30 concessions, including the assignment, license, sale, or
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1 transfer of interests in or rights to discoveries,
2 inventions, patents, or copyrightable works, for property,
3 whether tangible or intangible, over which it has
4 jurisdiction. Concessions shall be reduced to writing and
5 shall be awarded at the discretion of the institution with
6 jurisdiction over the property. The duration and terms of
7 concessions and leases shall be at the discretion of the
8 institution with jurisdiction over the property. Notice of
9 the award of a concession shall be published in the higher
10 education volume of the Illinois Procurement Bulletin.
11 ARTICLE 55
12 MISCELLANEOUS PROVISIONS
13 Section 55-5. References to repealed provisions. After
14 the effective date of this Act, all references to the
15 provisions of law repealed by this Act shall be construed,
16 where necessary and appropriate, as references to the
17 Illinois Procurement Code.
18 Section 55-10. Exclusive exercise of powers. On and
19 after 120 days following the effective date of this Act, the
20 powers granted under this Code shall be exercised exclusively
21 as granted under this Code, and no State agency may
22 concurrently exercise any such power, unless specifically
23 authorized otherwise by a later enacted law. This Code is
24 not intended to impair any contract entered into before the
25 effective date of this Act.
26 Section 55-15. Severability. If any provision of this
27 Code or any application of it to any person or circumstance
28 is held invalid, that invalidity shall not affect other
29 provisions or applications of this Code that can be given
30 effect without the invalid provision or application, and to
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1 this end the provisions of this Code are declared to be
2 severable.
3 ARTICLE 95
4 AMENDATORY AND REPEALING PROVISIONS
5 Section 95-5. The Governmental Joint Purchasing Act is
6 amended by changing Section 3 as follows:
7 (30 ILCS 525/3) (from Ch. 85, par. 1603)
8 Sec. 3. Any agreement of the governmental units which
9 desire to make joint purchases, one of the governmental units
10 shall conduct the letting of bids. Where the State of
11 Illinois is a party to the joint purchase agreement, the
12 Department of Central Management Services shall conduct the
13 letting of bids. Expenses of such bid-letting may be shared
14 by the participating governmental units in proportion to the
15 amount of personal property, supplies or services each unit
16 purchases.
17 When the State of Illinois is a party to the joint
18 purchase agreement, the acceptance of bids shall be in
19 accordance with the Illinois Procurement Code and rules
20 promulgated under that Code. When the State of Illinois is
21 not a party to the joint purchase agreement, the acceptance
22 of bids shall be governed by the agreement.
23 The personal property, supplies or services involved
24 shall be distributed or rendered directly to each
25 governmental unit taking part in the purchase. The person
26 selling the personal property, supplies or services may bill
27 each governmental unit separately for its proportionate share
28 of the cost of the personal property, supplies or services
29 purchased.
30 The credit or liability of each governmental unit shall
31 remain separate and distinct. Disputes between bidders and
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1 governmental units shall be resolved between the immediate
2 parties.
3 (Source: P.A. 87-860.)
4 (15 ILCS 405/11 rep.)
5 (15 ILCS 405/15 rep.)
6 Section 95-10. The State Comptroller Act is amended by
7 repealing Sections 11 and 15.
8 (20 ILCS 5/29 rep.)
9 (20 ILCS 5/30 rep.)
10 (20 ILCS 405/35.7b rep.)
11 (20 ILCS 405/67.01 rep.)
12 (20 ILCS 405/67.04 rep.)
13 Section 95-15. The Civil Administrative Code of Illinois
14 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
15 67.04.
16 Section 95-17. The Personnel Code is amended by adding
17 Section 25 as follows:
18 (20 ILCS 415/25 new)
19 Sec. 25. Illinois Procurement Code. This Code is
20 subject to the disciplinary and penalty provisions of the
21 Illinois Procurement Code.
22 (20 ILCS 1015/13 rep.)
23 Section 95-20. The Public Employment Office Act is
24 amended by repealing Section 13.
25 Section 95-22. The General Assembly Operations Act is
26 amended by adding Section 10 as follows:
27 (25 ILCS 10/10 new)
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1 Sec. 10. General Assembly printing; session laws.
2 (a) Authority. Public printing for the use of either
3 House of the General Assembly shall be subject to its
4 control.
5 (b) Time of delivery. Daily calendars, journals, and
6 other similar printing for which manuscript or copy is
7 delivered to the Legislative Printing Unit by the clerical
8 officer of either House shall be printed so as to permit
9 delivery at any reasonable time required by the clerical
10 officer. Any petition, bill, resolution, joint resolution,
11 memorial, and similar manuscript or copy delivered to the
12 Legislative Printing Unit by the clerical officer of either
13 House shall be printed at any reasonable time required by
14 that officer.
15 (c) Style. The manner, form, style, size, and
16 arrangement of type used in printing the bills, resolutions,
17 amendments, conference reports, and journals, including daily
18 journals, of the General Assembly shall be as provided in the
19 Rules of the General Assembly.
20 (d) Daily journal. The Clerk of the House of
21 Representatives and the Secretary of the Senate shall each
22 prepare and deliver to the Legislative Printing Unit,
23 immediately after the close of each daily session, a
24 printer's copy of the daily journal for their respective
25 House.
26 (e) Daily and bound journals.
27 (1) Subscriptions. The Legislative Printing Unit
28 shall have printed the number of copies of the daily
29 journal as may be requested by the clerical officer of
30 each House. The Secretary of the Senate and the Clerk of
31 the House of Representatives shall furnish a copy of each
32 daily journal of their respective House to those persons
33 who apply therefor upon payment of a reasonable
34 subscription fee established separately by the Secretary
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1 of the Senate and the Clerk of the House for their
2 respective House. Each subscriber shall specify at the
3 time he or she subscribes the address where he or she
4 wishes the journals mailed. The daily journals shall be
5 furnished free of charge on a pickup basis to State
6 offices and to the public as long as the supply lasts.
7 The Secretary of the Senate and the Clerk of the House
8 shall determine the number of journals available for
9 pickup at their respective offices.
10 (2) Other copies. After the General Assembly
11 adjourns, the Clerk of the House and the Secretary of the
12 Senate shall prepare and deliver to the Legislative
13 Printing Unit a printer's copy of matter for the regular
14 House and Senate journals, together with any matter, not
15 previously printed in the daily journals, that is
16 required by law, by order of either House, or by joint
17 resolution to be printed in the journals. The
18 Legislative Printing Unit shall have printed the number
19 of copies of the bound journal as may be requested by the
20 clerical officer of each House. A reasonable number of
21 bound volumes of the journal of each House of the General
22 Assembly shall be provided to State and local officers,
23 boards, commissions, institutions, departments, agencies,
24 and libraries requesting them through canvasses conducted
25 separately by the Secretary of the Senate and the Clerk
26 of the House. Reasonable fees established separately by
27 the Secretary of the Senate and the Clerk of the House
28 may be charged for bound volumes of the journal of each
29 House of the General Assembly.
30 (f) Session laws. Immediately after the General Assembly
31 adjourns, the Secretary of State shall prepare a printer's
32 copy for the "Session Laws of Illinois" that shall set forth
33 in full all Acts and joint resolutions passed by the General
34 Assembly at the session just concluded and all executive
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1 orders of the Governor taking effect under Article V, Section
2 11 of the Constitution and the Executive Reorganization
3 Implementation Act. The printer's copy shall be furnished
4 and delivered to the Secretary of State by the Enrolling and
5 Engrossing Department of the 2 Houses. At the time an
6 enrolled law is filed with the Secretary of State, whether
7 before or after the conclusion of the session in which it was
8 passed, it shall be assigned a Public Act number, the first
9 part of which shall be the number of the General Assembly
10 followed by a dash and then a number showing the order in
11 which that law was filed with the Secretary of State. The
12 title page of each volume of the session laws shall contain
13 the following: "Printed by the authority of the General
14 Assembly of the State of Illinois". The laws shall be
15 arranged by the Secretary of State and printed in the
16 chronological order of Public Act numbers. At the end of
17 each Act the dates when the Act was passed by the General
18 Assembly and when the Act was approved by the Governor shall
19 be stated. Any Act becoming law without the approval of the
20 Governor shall be marked at its end in the session laws by
21 the printed certificate of the Secretary of State. Executive
22 orders taking effect under Article V, Section 11 of the
23 Constitution and the Executive Reorganization Implementation
24 Act shall be printed in chronological order of executive
25 order number and shall state at the end of each executive
26 order the date it was transmitted to the General Assembly and
27 the date it takes effect. In the case of an amendatory Act,
28 the changes made by the amendatory Act shall be indicated in
29 the session laws in the following manner: (i) all new matter
30 shall be underscored; and (ii) all matter deleted by the
31 amendatory Act shall be shown crossed with a line. The
32 Secretary of State shall prepare and furnish a table of
33 contents and an index to each volume of the session laws.
34 (g) Distribution. The bound volumes of the session laws
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1 of the General Assembly shall be made available to the
2 following:
3 (1) one copy of each to each State officer, board,
4 commission, institution, and department requesting a copy
5 in accordance with a canvass conducted by the Secretary
6 of State before the printing of the session laws except
7 judges of the appellate courts and judges and associate
8 judges of the circuit courts;
9 (2) 10 copies to the law library of the Supreme
10 Court; one copy each to the law libraries of the
11 appellate courts; and one copy to each of the county law
12 libraries or, in those counties without county law
13 libraries, one copy to the clerk of the circuit court;
14 (3) one copy of each to each county clerk;
15 (4) 10 copies of each to the library of the
16 University of Illinois;
17 (5) 3 copies of each to the libraries of the
18 University of Illinois at Chicago, Southern Illinois
19 University at Carbondale, Southern Illinois University at
20 Edwardsville, Northern Illinois University, Western
21 Illinois University, Eastern Illinois University,
22 Illinois State University, Chicago State University,
23 Northeastern Illinois University, Chicago Kent College of
24 Law, DePaul University, John Marshall Law School, Loyola
25 University, Northwestern University, Roosevelt
26 University, and the University of Chicago;
27 (6) a number of copies sufficient for exchange
28 purposes to the Legislative Reference Bureau and the
29 University of Illinois College of Law Library;
30 (7) a number of copies sufficient for public
31 libraries in the State to the State Library; and
32 (8) the remainder shall be retained for
33 distribution as the interests of the State may require to
34 persons making application in writing or in person for
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1 the publication.
2 (h) Messages and reports. The following shall be
3 printed in a quantity not to exceed the maximum stated in
4 this subsection and bound and distributed at public expense:
5 (1) messages to the General Assembly by the
6 Governor, 10,000 copies;
7 (2) the biennial report of the Lieutenant Governor,
8 1,000 copies;
9 (3) the biennial report of the Secretary of State,
10 3,000 copies;
11 (4) the biennial report of the State Comptroller,
12 5,000 copies;
13 (5) the biennial report of the State Treasurer,
14 3,000 copies;
15 (6) the annual report of the State Board of
16 Education, 6,000 copies; and
17 (7) the biennial report and annual opinions of the
18 Attorney General, 5,000 copies.
19 The reports of all other State officers, boards,
20 commissions, institutions, and departments shall be printed,
21 bound, and distributed at public expense in a number of
22 copies determined from previous experience not to exceed the
23 probable and reasonable demands of the State therefor. Any
24 other report required by law to be made to the Governor
25 shall, upon his or her order, be printed in the quantity
26 ordered by the Governor, bound and distributed at public
27 expense.
28 (30 ILCS 505/Act rep.)
29 Section 95-25. The Illinois Purchasing Act is repealed.
30 (30 ILCS 510/Act rep.)
31 Section 95-30. The State Paper Purchasing Act is
32 repealed.
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1 Section 95-35. The State Printing Contracts Act is
2 amended by adding Section 44 as follows:
3 (30 ILCS 515/44 new)
4 Sec. 44. Repeal. This Act is repealed on May 1, 1998.
5 (30 ILCS 563/Act rep.)
6 Section 95-37. The Real Estate Leasing Act is repealed.
7 (30 ILCS 615/Act rep.)
8 Section 95-40. The State Vehicle Mileage Act is
9 repealed.
10 ARTICLE 99
11 EFFECTIVE DATE
12 Section 99-5. Effective date and transition. This
13 Article, Sections 1-15 through 1-15.115 of Article 1, and
14 Article 50 take effect upon becoming law. Articles 1 through
15 45 and 53 through 95 take effect January 1, 1998, solely for
16 the purpose of allowing the promulgation of rules to
17 implement the Illinois Procurement Code. The Procurement
18 Policy Board established in Article 5 may be appointed as of
19 January 1, 1998, and until July 1, 1998, shall act only to
20 review proposed purchasing rules. Articles 1 through 45 and
21 53 through 95 for all other purposes take effect on July 1,
22 1998.