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90_HB1633sam002
LRB9003208JMmbam03
1 AMENDMENT TO HOUSE BILL 1633
2 AMENDMENT NO. . Amend House Bill 1633, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to the delivery of goods and
5 services."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "ARTICLE 1
9 GENERAL PROVISIONS
10 Section 1-1. Short title. This Act may be cited as the
11 Illinois Procurement Code.
12 Section 1-5. Public policy. It is the purpose of this
13 Code and is declared to be the policy of the State that the
14 principles of competitive bidding and economical procurement
15 practices shall be applicable to all purchases and contracts
16 by or for any State agency.
17 Section 1-10. Application.
18 (a) This Code applies only to procurements for which
19 contractors were first solicited on or after July 1, 1998.
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1 This Code shall not be construed to affect or impair any
2 contract, or any provision of a contract, entered into based
3 on a solicitation prior to the implementation date of this
4 Code as described in Article 99, including but not limited to
5 any covenant entered into with respect to any revenue bonds
6 or similar instruments. All procurements for which contracts
7 are solicited between the effective date of Articles 50 and
8 99 and July 1, 1998 shall be substantially in accordance with
9 this Code and its intent.
10 (b) This Code shall apply regardless of the source of
11 the funds with which the contracts are paid, including
12 federal assistance moneys. This Code shall not apply to:
13 (1) contracts between the State and its political
14 subdivisions or other governments, or between State
15 governmental bodies except as specifically provided in
16 this Code.
17 (2) grants.
18 (3) purchase of care.
19 (4) hiring of an individual as employee and not as
20 an independent contractor, whether pursuant to an
21 employment code or policy or by contract directly with
22 that individual.
23 (5) collective bargaining contracts.
24 (6) purchase of real estate.
25 (7) contracts necessary to prepare for anticipated
26 litigation, enforcement actions, or investigations,
27 provided that the chief legal counsel to the Governor
28 shall give his or her prior approval when the procuring
29 agency is one subject to the jurisdiction of the
30 Governor, and provided that the chief legal counsel of
31 any other procuring entity subject to this Code shall
32 give his or her prior approval when the procuring entity
33 is not one subject to the jurisdiction of the Governor.
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1 Section 1-15. Definitions. For the purposes of this
2 Code, the words set forth in the following Sections of this
3 Article have the meanings set forth in those Sections.
4 Section 1-15.03. Associate Procurement Officers.
5 "Associate Procurement Officers" means those persons
6 appointed as provided in Section 10-15.
7 Section 1-15.05. Board. "Board" means the Procurement
8 Policy Board.
9 Section 1-15.10. Business. "Business" means any
10 corporation, partnership, individual, sole proprietorship,
11 joint stock company, joint venture, or other private legal
12 entity.
13 Section 1-15.15. Chief Procurement Officer. "Chief
14 Procurement Officer" means:
15 (1) for procurements for construction and
16 construction-related services committed by law to the
17 jurisdiction or responsibility of the Capital Development
18 Board, the executive director of the Capital Development
19 Board.
20 (2) for procurements for all construction,
21 construction-related services, operation of any facility, and
22 the provision of any service or activity committed by law to
23 the jurisdiction or responsibility of the Illinois Department
24 of Transportation, including the direct or reimbursable
25 expenditure of all federal funds for which the Department of
26 Transportation is responsible or accountable for the use
27 thereof in accordance with federal law, regulation, or
28 procedure, the Secretary of Transportation.
29 (3) for all procurements made by a public institution of
30 higher education, a representative designated by the
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1 Governor.
2 (4) for all other procurements, the Director of the
3 Department of Central Management Services.
4 Section 1-15.20. Construction and construction-related
5 services. "Construction" means building, altering,
6 repairing, improving, or demolishing any public structure or
7 building, or making improvements of any kind to public real
8 property. Construction does not include the routine
9 operation, routine repair, or routine maintenance of existing
10 structures, buildings, or real property.
11 "Construction-related services" means those services
12 including construction design, layout, inspection, support,
13 feasibility or location study, research, development,
14 planning, or other investigative study undertaken by a
15 construction agency concerning construction or potential
16 construction.
17 Section 1-15.25. Construction agency. "Construction
18 agency" means the Capital Development Board for construction
19 or remodeling of State-owned facilities; the Illinois
20 Department of Transportation for construction or maintenance
21 of roads, highways, bridges, and airports; the Illinois Toll
22 Highway Authority for construction or maintenance of toll
23 highways; and any other State agency entering into
24 construction contracts as authorized by law or by delegation
25 from the chief procurement officer.
26 Section 1-15.30. Contract. "Contract" means all types
27 of State agreements, regardless of what they may be called,
28 for the procurement, use, or disposal of supplies, services,
29 professional or artistic services, or construction or for
30 leases of real property or capital improvements, and
31 including master contracts, contracts for financing through
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1 use of installment or lease-purchase arrangements,
2 renegotiated contracts, and change orders.
3 Section 1-15.35. Cost-reimbursement contract.
4 "Cost-reimbursement contract" means a contract under which a
5 contractor is reimbursed for costs that are allowable and
6 allocable in accordance with the contract terms and the
7 provisions of this Code, and a fee, if any.
8 Section 1-15.42. Grant. "Grant" means the furnishing by
9 the State of assistance, whether financial or otherwise, to
10 any person to support a program authorized by law. It does
11 not include an award the primary purpose of which is to
12 procure an end product for the direct benefit or use of the
13 State agency making the grant, whether in the form of goods,
14 services, or construction. A contract that results from such
15 an award is not a grant and is subject to this Code.
16 Section 1-15.45. Invitation for bids. "Invitation for
17 bids" means the process by which a purchasing agency requests
18 information from bidders, including all documents, whether
19 attached or incorporated by reference, used for soliciting
20 bids.
21 Section 1-15.50. Negotiation. "Negotiation" means the
22 process of selecting a contractor other than by competitive
23 sealed bids, multi-step sealed bidding, or competitive sealed
24 proposals, whereby a purchasing agency can establish any and
25 all terms and conditions of a procurement contract by
26 discussion with one or more prospective contractors.
27 Section 1-15.55. Person. "Person" means any business,
28 public or private corporation, partnership, individual,
29 union, committee, club, unincorporated association or other
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1 organization or group of individuals, or other legal entity.
2 Section 1-15.60. Professional and artistic services.
3 "Professional and artistic services" means those services
4 provided under contract to a State agency by a person or
5 business, acting as an independent contractor, qualified by
6 education, experience, and technical ability.
7 Section 1-15.65. Purchase description. "Purchase
8 description" means the words used in a solicitation to
9 describe the supplies, services, professional or artistic
10 services, or construction to be procured or real property or
11 capital improvements to be leased and includes specifications
12 attached to or made a part of the solicitation.
13 Section 1-15.68. Purchase of care. "Purchase of care"
14 means a contract with a person for the furnishing of medical,
15 educational, psychiatric, vocational, rehabilitative, social,
16 or human services directly to a recipient of a State aid
17 program.
18 Section 1-15.70. Purchasing agency. "Purchasing agency"
19 means a State agency that is authorized by this Code, by its
20 implementing rules, or by authorized delegation of a chief
21 procurement officer to enter into contracts.
22 Section 1-15.75. Request for proposals. "Request for
23 proposals" means the process by which a purchasing agency
24 requests information from offerors, including all documents,
25 whether attached or incorporated by reference, used for
26 soliciting proposals.
27 Section 1-15.80. Responsible bidder or offeror.
28 "Responsible bidder or offeror" means a person who has the
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1 capability in all respects to perform fully the contract
2 requirements and the integrity and reliability that will
3 assure good faith performance.
4 Section 1-15.85. Responsive bidder. "Responsive bidder"
5 means a person who has submitted a bid that conforms in all
6 material respects to the invitation for bids.
7 Section 1-15.90. Services. "Services" means the
8 furnishing of labor, time, or effort by a contractor, not
9 involving the delivery of a specific end product other than
10 reports or supplies that are incidental to the required
11 performance.
12 Section 1-15.95. Specifications. "Specifications" means
13 any description, provision, or requirement pertaining to the
14 physical or functional characteristics or of the nature of a
15 supply, service, or other item to be procured under a
16 contract. Specifications may include a description of any
17 requirement for inspecting, testing, or preparing a supply,
18 service, professional or artistic service, construction, or
19 other item for delivery.
20 Section 1-15.100. State agency. "State agency" means
21 and includes all boards, commissions, agencies, institutions,
22 authorities, and bodies politic and corporate of the State,
23 created by or in accordance with the constitution or statute,
24 of the executive branch of State government and does include
25 colleges, universities, and institutions under the
26 jurisdiction of the governing boards of the University of
27 Illinois, Southern Illinois University, Illinois State
28 University, Eastern Illinois University, Northern Illinois
29 University, Western Illinois University, Chicago State
30 University, Governor State University, Northeastern Illinois
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1 University, and the Board of Higher Education. However, this
2 term does not apply to public employee retirement Systems or
3 investment boards that are subject to fiduciary duties
4 imposed by the Illinois Pension Code or to the University of
5 Illinois Foundation. "State agency" does not include units
6 of local government, school districts, community colleges
7 under the Public Community College Act, and the Illinois
8 Comprehensive Health Insurance Board.
9 Section 1-15.105. State purchasing officer. "State
10 purchasing officer" means a person appointed by any of the
11 chief procurement officers to exercise the procurement
12 authority created by this Code or by rule.
13 Section 1-15.110. Supplies. "Supplies" means all
14 personal property, including but not limited to equipment,
15 materials, printing, and insurance, and the financing of
16 those supplies.
17 Section 1-15.115. Using agency. "Using agency" means a
18 State agency that uses items procured under this Code.
19 Section 1-25. Property rights. No person shall have any
20 right to a specific contract with the State unless that
21 person has a contract that has been signed by an officer or
22 employee of the purchasing agency with appropriate signature
23 authority. The State shall be under no obligation to issue
24 an award or execute a contract.
25 Section 1-30. Applicability to Constitutional Officers
26 and the Legislative and Judicial Branches.
27 (a) The constitutional officers shall procure their
28 needs in a manner substantially in accordance with the
29 requirements of this Code and shall promulgate rules no less
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1 restrictive than the requirements of this Code.
2 (b) The legislative and judicial branches are exempt
3 from this Code. The legislative and judicial branches shall
4 make procurements in accordance with rules promulgated to
5 meet their needs. Procurement rules promulgated by the
6 legislative and judicial branches may incorporate provisions
7 of this Code.
8 ARTICLE 5
9 POLICY ORGANIZATION
10 Section 5-5. Procurement Policy Board.
11 (a) Creation. There is created a Procurement Policy
12 Board.
13 (b) Authority and duties. The Board shall have the
14 authority and responsibility to review, comment upon, and
15 recommend, consistent with this Code, rules and practices
16 governing the procurement, management, control, and disposal
17 of supplies, services, professional or artistic services,
18 construction, and real property and capital improvement
19 leases procured by the State. Upon a three-fifths vote of
20 its members, the Board may review a contract. Upon a
21 three-fifths vote of its members, the Board may propose
22 procurement rules for consideration by chief procurement
23 officers. These proposals shall be published in each volume
24 of the Procurement Bulletin. Except as otherwise provided by
25 law, the Board shall act upon the vote of a majority of its
26 members who have been appointed and are serving.
27 (c) Members. The Board shall consist of 5 members
28 appointed one each by the 4 legislative leaders and the
29 Governor. Each member shall have demonstrated sufficient
30 business or professional experience in the area of
31 procurement to perform the functions of the Board. No member
32 may be a member of the General Assembly.
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1 (d) Terms. Of the initial appointees, the Governor
2 shall designate one member, as Chairman, to serve a one-year
3 term, the President of the Senate and the Speaker of the
4 House shall each appoint one member to serve 3-year terms,
5 and the Minority Leader of the House and the Minority Leader
6 of the Senate shall each appoint one member to serve 2-year
7 terms. Subsequent terms shall be 4 years. Members may be
8 reappointed for succeeding terms.
9 (e) Reimbursement. Members shall receive no
10 compensation but shall be reimbursed for any expenses
11 reasonably incurred in the performance of their duties.
12 (f) Staff support. Upon a three-fifths vote of its
13 members, the Board may employ an executive director. Subject
14 to appropriation, the Board also may have up to 3 staff
15 persons. Other support services shall be provided by the
16 chief procurement officers.
17 (g) Meetings. Meetings of the Board may be conducted
18 telephonically, electronically, or through the use of other
19 telecommunications. Written minutes of such meetings shall be
20 created and available for public inspection and copying.
21 Section 5-23. Interests of Board members. Members of the
22 Procurement Policy Board employed by or holding an interest
23 in an entity doing business with or attempting to do business
24 with the State of Illinois do not, by their service on the
25 Board, preclude that entity from doing business with or
26 attempting to do business with the State.
27 Section 5-25. Rulemaking authority. A State agency
28 authorized to make procurements under this Code shall have
29 the authority to promulgate rules to carry out that
30 authority. That rulemaking on specific procurement topics is
31 mentioned in specific Sections of this Code shall not be
32 construed as prohibiting or limiting rulemaking on other
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1 procurement topics.
2 All rules shall be promulgated in accordance with the
3 Illinois Administrative Procedure Act. Contractual
4 provisions, specifications, and procurement descriptions are
5 not rules and are not subject to the Illinois Administrative
6 Procedure Act. All rules other than those promulgated by the
7 Board shall be presented in writing to the Board for its
8 review and comment. The Board shall express its opinions and
9 recommendations in writing. Both the proposed rules and
10 Board recommendations shall be made available for public
11 review. The rules shall also be approved by the applicable
12 chief procurement officer and the Joint Committee on
13 Administrative Rules.
14 ARTICLE 10
15 APPOINTMENTS
16 Section 10-5. Exercise of procurement authority. The
17 State purchasing officers shall be appointed by their
18 respective chief procurement officer and approved by the
19 director of each State agency. The State purchasing officer
20 of each State agency shall exercise the procurement authority
21 created by this Code except as otherwise provided in this
22 Code.
23 Section 10-10. General appointments. The chief
24 procurement officer shall appoint and the director of each
25 State agency shall approve a State purchasing officer to
26 exercise within his or her jurisdiction the procurement
27 authority created by this Code. In the absence of an
28 appointed and approved State purchasing officer, the
29 applicable chief procurement officer shall exercise the
30 procurement authority created by this Code.
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1 Section 10-15. Associate Procurement Officers. The
2 Governor, with the consent of the statutory chief procurement
3 officers, may for proper and effective administration of this
4 Code appoint associate procurement officers. All associate
5 procurement officers shall be submitted to the Senate for
6 advice and consent. For the purposes of this Code, duly
7 appointed associate procurement officers shall function in
8 all respects as chief procurement officers. Associate
9 procurement officers shall serve at the pleasure of the
10 Governor.
11 ARTICLE 15
12 PROCUREMENT BULLETIN
13 Section 15-1. Publisher. The Department of Central
14 Management Services is the State agency responsible for
15 publishing its volumes of the Illinois Procurement Bulletin.
16 The Capital Development Board is responsible for publishing
17 its volumes of the Illinois Procurement Bulletin. The
18 Department of Transportation is responsible for publishing
19 its volumes of the Illinois Procurement Bulletin. The higher
20 education chief procurement officer is responsible for
21 publishing the higher education volumes of the Illinois
22 Procurement Bulletin.
23 Each volume of the Illinois Procurement Bulletin shall be
24 available electronically and may be available in print.
25 References in this Code to the publication and distribution
26 of the Illinois Procurement Bulletin include both its print
27 and electronic formats.
28 Section 15-10. Contents. The Illinois Procurement
29 Bulletin shall contain notices and other information required
30 by this Code or by rules promulgated under this Code to be
31 published in the Illinois Procurement Bulletin. Each volume
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1 shall include a comprehensive index of its contents.
2 Section 15-15. Publication. All volumes of the Illinois
3 Procurement Bulletin shall be published at least once per
4 month. Any volume, including volumes available in print
5 format, shall be available through subscription for a minimal
6 fee not exceeding publication and distribution costs. The
7 Illinois Procurement Bulletin shall be distributed free to
8 public libraries within Illinois.
9 Section 15-20. Qualified bidders. Subscription to the
10 Illinois Procurement Bulletin shall not be required to
11 qualify as a bidder or offeror under this Code.
12 Section 15-25. Bulletin content.
13 (a) Invitations for bids. Notice of each and every
14 contract that is offered, including renegotiated contracts
15 and change orders, shall be published in the Bulletin. The
16 applicable chief procurement officer may provide by rule an
17 organized format for the publication of this information, but
18 in any case it must include at least the date first offered,
19 the date submission of offers is due, the location that
20 offers are to be submitted to, the purchasing State agency,
21 the responsible State purchasing officer, a brief purchase
22 description, the method of source selection, and information
23 of how to obtain a comprehensive purchase description and any
24 disclosure and contract forms.
25 (b) Contracts let or awarded. Notice of each and every
26 contract that is let or awarded, including renegotiated
27 contracts and change orders, shall be published in the next
28 available subsequent Bulletin, and the applicable chief
29 procurement officer may provide by rule an organized format
30 for the publication of this information, but in any case it
31 must include at least all of the information specified in
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1 subsection (a) as well as the name of the successful
2 responsible bidder or offeror, the contract price, the number
3 of unsuccessful responsive bidders, and any other disclosure
4 specified in any Section of this Code.
5 (c) Emergency purchase disclosure. Any chief
6 procurement officer, State purchasing officer, or designee
7 exercising emergency purchase authority under this Code shall
8 publish a written description and reasons and the total cost,
9 if known, or an estimate if unknown and the name of the
10 responsible chief procurement officer and State purchasing
11 officer, and the business or person contracted with for all
12 emergency purchases in the next timely, practicable Bulletin.
13 (d) Other required disclosure. The applicable chief
14 procurement officer shall provide by rule for the organized
15 publication of all other disclosure required in other
16 Sections of this Code in a timely manner.
17 ARTICLE 20
18 SOURCE SELECTION AND CONTRACT FORMATION
19 Section 20-5. Method of source selection. Unless
20 otherwise authorized by law, all State contracts shall be
21 awarded by competitive sealed bidding, in accordance with
22 Section 20-10, except as provided in Sections 20-15, 20-20,
23 20-25, 20-30, 20-35, 30-15, and 40-20.
24 Section 20-10. Competitive sealed bidding.
25 (a) Conditions for use. All contracts shall be awarded
26 by competitive sealed bidding except as otherwise provided in
27 Section 20-5.
28 (b) Invitation for bids. An invitation for bids shall
29 be issued and shall include a purchase description and the
30 material contractual terms and conditions applicable to the
31 procurement.
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1 (c) Public notice. Public notice of the invitation for
2 bids shall be published in the Illinois Procurement Bulletin
3 at least 14 days before the date set in the invitation for
4 the opening of bids.
5 (d) Bid opening. Bids shall be opened publicly in the
6 presence of one or more witnesses at the time and place
7 designated in the invitation for bids. The name of each
8 bidder, the amount of each bid, and other relevant
9 information as may be specified by rule shall be recorded.
10 After the award of the contract, the winning bid and the
11 record of each unsuccessful bid shall be open to public
12 inspection.
13 (e) Bid acceptance and bid evaluation. Bids shall be
14 unconditionally accepted without alteration or correction,
15 except as authorized in this Code. Bids shall be evaluated
16 based on the requirements set forth in the invitation for
17 bids, which may include criteria to determine acceptability
18 such as inspection, testing, quality, workmanship, delivery,
19 and suitability for a particular purpose. Those criteria
20 that will affect the bid price and be considered in
21 evaluation for award, such as discounts, transportation
22 costs, and total or life cycle costs, shall be objectively
23 measurable. The invitation for bids shall set forth the
24 evaluation criteria to be used.
25 (f) Correction or withdrawal of bids. Correction or
26 withdrawal of inadvertently erroneous bids before or after
27 award, or cancellation of awards of contracts based on bid
28 mistakes, shall be permitted in accordance with rules. After
29 bid opening, no changes in bid prices or other provisions of
30 bids prejudicial to the interest of the State or fair
31 competition shall be permitted. All decisions to permit the
32 correction or withdrawal of bids based on bid mistakes shall
33 be supported by written determination made by a State
34 purchasing officer.
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1 (g) Award. The contract shall be awarded with
2 reasonable promptness by written notice to the lowest
3 responsible and responsive bidder whose bid meets the
4 requirements and criteria set forth in the invitation for
5 bids, except when a State purchasing officer determines it is
6 not in the best interest of the State and by written
7 explanation determines another bidder shall receive the
8 award. The explanation shall appear in the appropriate
9 volume of the Illinois Procurement Bulletin.
10 (h) Multi-step sealed bidding. When it is considered
11 impracticable to initially prepare a purchase description to
12 support an award based on price, an invitation for bids may
13 be issued requesting the submission of unpriced offers to be
14 followed by an invitation for bids limited to those bidders
15 whose offers have been qualified under the criteria set forth
16 in the first solicitation.
17 Section 20-15. Competitive sealed proposals.
18 (a) Conditions for use. When provided under this Code
19 or under rules, or when the purchasing agency determines in
20 writing that the use of competitive sealed bidding is either
21 not practicable or not advantageous to the State, a contract
22 may be entered into by competitive sealed proposals.
23 (b) Request for proposals. Proposals shall be solicited
24 through a request for proposals.
25 (c) Public notice. Public notice of the request for
26 proposals shall be published in the Illinois Procurement
27 Bulletin at least 14 days before the date set in the
28 invitation for the opening of proposals.
29 (d) Receipt of proposals. Proposals shall be opened
30 publicly in the presence of one or more witnesses at the time
31 and place designated in the request for proposals, but
32 proposals shall be opened in a manner to avoid disclosure of
33 contents to competing offerors during the process of
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1 negotiation. A record of proposals shall be prepared and
2 shall be open for public inspection after contract award.
3 (e) Evaluation factors. The requests for proposals
4 shall state the relative importance of price and other
5 evaluation factors. Proposals shall be submitted in 2 parts:
6 the first, covering items except price; and the second,
7 covering price. The first part of all proposals shall be
8 evaluated and ranked independently of the second part of all
9 proposals.
10 (f) Discussion with responsible offerors and revisions
11 of proposals. As provided in the request for proposals and
12 under rules, discussions may be conducted with responsible
13 offerors who submit proposals determined to be reasonably
14 susceptible of being selected for award for the purpose of
15 clarifying and assuring full understanding of and
16 responsiveness to the solicitation requirements. Those
17 offerors shall be accorded fair and equal treatment with
18 respect to any opportunity for discussion and revision of
19 proposals. Revisions may be permitted after submission and
20 before award for the purpose of obtaining best and final
21 offers. In conducting discussions there shall be no
22 disclosure of any information derived from proposals
23 submitted by competing offerors. If information is disclosed
24 to any offeror, it shall be provided to all competing
25 offerors.
26 (g) Award. Awards shall be made to the responsible
27 offeror whose proposal is determined in writing to be the
28 most advantageous to the State, taking into consideration
29 price and the evaluation factors set forth in the request for
30 proposals. The contract file shall contain the basis on
31 which the award is made.
32 Section 20-20. Small purchases.
33 (a) Amount. Any individual procurement of supplies or
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1 services other than professional or artistic services, not
2 exceeding $10,000 and any procurement of construction not
3 exceeding $30,000 may be made without competitive sealed
4 bidding. Procurements shall not be artificially divided so
5 as to constitute a small purchase under this Section.
6 (b) Adjustment. Each July 1, the small purchase maximum
7 established in subsection (a) shall be adjusted for inflation
8 as determined by the Consumer Price Index for All Urban
9 Consumers as determined by the United States Department of
10 Labor and rounded to the nearest $100.
11 (c) Based upon rules proposed by the Board and rules
12 promulgated by the chief procurement officers, the small
13 purchase maximum established in subsection (a) may be
14 modified.
15 Section 20-25. Sole source procurements. In accordance
16 with standards set by rule, contracts may be awarded without
17 use of the specified method of source selection when there is
18 only one economically feasible source for the item. At least
19 2 weeks before entering into a sole source contract, the
20 purchasing agency shall publish in the Illinois Procurement
21 Bulletin a notice of intent to do so along with a description
22 of the item to be procured and the intended sole source
23 contractor.
24 Section 20-30. Emergency purchases.
25 (a) Conditions for use. In accordance with standards
26 set by rule, a purchasing agency may make emergency
27 procurements without competitive sealed bidding or prior
28 notice when there exists a threat to public health or public
29 safety, or when immediate expenditure is necessary for
30 repairs to State property in order to protect against further
31 loss of or damage to State property, to prevent or minimize
32 serious disruption in State services, or to ensure the
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1 integrity of State records. Emergency procurements shall be
2 made with as much competition as is practicable under the
3 circumstances. A written description of the basis for the
4 emergency and reasons for the selection of the particular
5 contractor shall be included in the contract file.
6 (b) Notice. Before the next appropriate volume of the
7 Illinois Procurement Bulletin, the purchasing agency shall
8 publish in the Illinois Procurement Bulletin a copy of each
9 written description and reasons and the total cost of each
10 emergency procurement made during the previous month. When
11 only an estimate of the total cost is known at the time of
12 publication, the estimate shall be identified as an estimate
13 and published. When the actual total cost is determined, it
14 shall also be published in like manner before the 10th day of
15 the next succeeding month.
16 (c) Affidavits. A purchasing agency making a
17 procurement under this Section shall file affidavits with
18 the chief procurement officer and the Auditor General within
19 10 days after the procurement setting forth the amount
20 expended, the name of the contractor involved, and the
21 conditions and circumstances requiring the emergency
22 procurement. When only an estimate of the cost is available
23 within 10 days after the procurement, the actual cost shall
24 be reported immediately after it is determined. At the end
25 of each fiscal quarter, the Auditor General shall file with
26 the Legislative Audit Commission and the Governor a complete
27 listing of all emergency procurements reported during that
28 fiscal quarter. The Legislative Audit Commission shall
29 review the emergency procurements so reported and, in its
30 annual reports, advise the General Assembly of procurements
31 that appear to constitute an abuse of this Section.
32 (d) Quick purchases. The chief procurement officer may
33 promulgate rules extending the circumstances by which a
34 purchasing agency may make purchases under this Section,
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1 including but not limited to the procurement of items
2 available at a discount for a limited period of time.
3 Section 20-35. Competitive selection procedures.
4 (a) Conditions for use. The services specified in
5 Article 35 shall be procured in accordance with this Section,
6 except as authorized under Sections 20-25 and 20-30 of this
7 Article.
8 (b) Statement of qualifications. Potential contractors
9 shall submit statements of qualifications and expressions of
10 interest. The chief procurement officer shall specify a
11 uniform format for statements of qualifications. Persons may
12 amend these statements at any time by filing a new statement.
13 (c) Public announcement and form of request for
14 proposals. Public notice of the need for the procurement
15 shall be given in the form of a request for proposals and
16 published in the Illinois Procurement Bulletin at least 14
17 days before the date set in the request for proposals for the
18 opening of proposals. The request for proposals shall
19 describe the services required, list the type of information
20 and data required of each offeror, and state the relative
21 importance of particular qualifications.
22 (d) Discussions. The purchasing agency may conduct
23 discussions with any offeror who has submitted a proposal to
24 determine the offeror's qualifications for further
25 consideration. Discussions shall not disclose any
26 information derived from proposals submitted by other
27 offerors.
28 (e) Award. Award shall be made to the offeror
29 determined in writing by the purchasing agency to be best
30 qualified based on the evaluation factors set forth in the
31 request for proposals and negotiation of compensation
32 determined to be fair and reasonable.
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1 Section 20-40. Cancellation of invitations for bids or
2 requests for proposals. An invitation for bids, a request
3 for proposals, or any other solicitation may be cancelled
4 without penalty, or any and all bids or proposals may be
5 rejected in whole or in part as may be specified in the
6 solicitation, when it is in the best interests of the State
7 in accordance with rules. The reasons for cancellation or
8 rejection shall be made part of the contract file.
9 Section 20-45. Prequalification of suppliers. The chief
10 procurement officer shall promulgate rules for the
11 development of prequalified supplier lists for appropriate
12 categories of purchases and the annual updating of those
13 lists.
14 Section 20-50. Specifications. Specifications shall be
15 prepared in accordance with consistent standards that are
16 promulgated by the chief procurement officer and reviewed by
17 the Board and the Joint Committee on Administrative Rules.
18 Those standards shall include a prohibition against the use
19 of brand-name only products, except for products intended for
20 retail sale or as specified by rule, and shall include a
21 restriction on the use of specifications drafted by a
22 potential bidder. All specifications shall seek to promote
23 overall economy for the purposes intended and encourage
24 competition in satisfying the State's needs and shall not be
25 unduly restrictive.
26 Section 20-55. Types of contracts. Subject to the
27 limitations of this Section and unless otherwise authorized
28 by law, any type of contract that will promote the best
29 interests of the State may be used, except that
30 cost-plus-a-percentage-of-cost contracts are prohibited. A
31 cost-reimbursement contract may be used only when a
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1 determination is made in writing that a cost-reimbursement
2 contract is likely to be less costly to the State than any
3 other type or that it is impracticable to obtain the item
4 required except under that type of contract. The general
5 form of contracts shall be determined by the chief
6 procurement officer.
7 Section 20-60. Duration of contracts.
8 (a) Maximum duration. A contract may be entered into
9 for any period of time deemed to be in the best interests of
10 the State but not exceeding 10 years. The length of a lease
11 for real property or capital improvements shall be in
12 accordance with the provisions of Section 40-25.
13 (b) Subject to appropriation. All contracts made or
14 entered into shall recite that they are subject to
15 termination and cancellation in any year for which the
16 General Assembly fails to make an appropriation to make
17 payments under the terms of the contract.
18 Section 20-65. Right to audit records.
19 (a) Maintenance of books and records. Every contract
20 and subcontract shall require the contractor or
21 subcontractor, as applicable, to maintain books and records
22 relating to the performance of the contract or subcontract
23 and necessary to support amounts charged to the State under
24 the contract or subcontract. The books and records shall be
25 maintained by the contractor for a period of 3 years from the
26 later of the date of final payment under the contract or
27 completion of the contract and by the subcontractor for a
28 period of 3 years from the later of the date of final payment
29 under the subcontract or completion of the subcontract.
30 However, the 3-year period shall be extended for the duration
31 of any audit in progress at the time of that period's
32 expiration.
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1 (b) Audit. Every contract and subcontract shall provide
2 that all books and records required to be maintained under
3 subsection (a) shall be available for review and audit by the
4 Auditor General and the purchasing agency. Every contract
5 and subcontract shall require the contractor and
6 subcontractor, as applicable, to cooperate fully with any
7 audit.
8 (c) Failure to maintain books and records. Failure to
9 maintain the books and records required by this Section shall
10 establish a presumption in favor of the State for the
11 recovery of any funds paid by the State for which required
12 books and records are not available.
13 Section 20-70. Finality of determinations.
14 Determinations made by a purchasing agency under this Code
15 are final and conclusive unless they are clearly erroneous,
16 arbitrary, capricious, or contrary to law.
17 Section 20-75. Disputes and protests. The chief
18 procurement officers shall by rule establish procedures to be
19 followed by purchasing agencies in resolving protested
20 solicitations and awards and contract controversies, for
21 debarment or suspension of contractors, and for resolving
22 other procurement-related disputes.
23 Section 20-80. Contract files.
24 (a) Written determinations. All written determinations
25 required under this Article shall be placed in the contract
26 file maintained by the chief procurement officer.
27 (b) Filing with Comptroller. Whenever a contract
28 liability, except for:
29 (1) contracts paid from personal services, or
30 (2) contracts between the State and its employees
31 to defer compensation in accordance with Article 24 of
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1 the Illinois Pension Code
2 exceeding $10,000 is incurred by any State agency, a copy of
3 the contract, purchase order, or lease shall be filed with
4 the Comptroller within 15 days thereafter. Any cancellation
5 or modification to any such contract liability shall be filed
6 with the Comptroller within 15 days of its execution.
7 (c) Late filing affidavit. When a contract, purchase
8 order, or lease required to be filed by this Section has not
9 been filed within 30 days of execution, the Comptroller shall
10 refuse to issue a warrant for payment thereunder until the
11 agency files with the Comptroller the contract, purchase
12 order, or lease and an affidavit, signed by the chief
13 executive officer of the agency or his or her designee,
14 setting forth an explanation of why the contract liability
15 was not filed within 30 days of execution. A copy of this
16 affidavit shall be filed with the Auditor General.
17 (d) Professional and artistic services contracts. No
18 voucher shall be submitted to the Comptroller for a warrant
19 to be drawn for the payment of money from the State treasury
20 or from other funds held by the State Treasurer on account of
21 any contract for services involving professional or artistic
22 skills involving an expenditure of more than $5,000 for the
23 same type of service at the same location during any fiscal
24 year unless the contract is reduced to writing before the
25 services are performed and filed with the Comptroller. When
26 a contract for professional or artistic skills in excess of
27 $5,000 was not reduced to writing before the services were
28 performed, the Comptroller shall refuse to issue a warrant
29 for payment for the services until the State agency files
30 with the Comptroller:
31 (1) a written contract covering the services, and
32 (2) an affidavit, signed by the chief executive
33 officer of the State agency or his or her designee,
34 stating that the services for which payment is being made
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1 were agreed to before commencement of the services and
2 setting forth an explanation of why the contract was not
3 reduced to writing before the services commenced.
4 A copy of this affidavit shall be filed with the Auditor
5 General. The Comptroller shall maintain professional or
6 artistic service contracts filed under this Section
7 separately from other filed contracts.
8 (e) Method of source selection. When a contract is
9 filed with the Comptroller under this Section, the
10 Comptroller's file shall identify the method of source
11 selection used in obtaining the contract.
12 Section 20-85. Federal requirements. A State agency
13 receiving federal-aid funds, grants, or loans shall have
14 authority to adopt its procedures, rules, project statements,
15 drawings, maps, surveys, plans, specifications, contract
16 terms, estimates, bid forms, bond forms, and other documents
17 or practices to comply with the regulations, policies, and
18 procedures of the designated authority, administration, or
19 department of the United States, in order to remain eligible
20 for such federal-aid funds, grants, or loans.
21 Section 20-90. Foreign country procurements.
22 Procurements to meet the needs of State offices located in
23 foreign countries shall comply with the provisions of this
24 Code to the extent practical.
25 Section 20-95. Donations. Nothing in this Code or in
26 the rules promulgated under this Code shall prevent any State
27 agency from complying with the terms and conditions of any
28 grant, gift, or bequest that calls for the procurement of a
29 particular good or service or the use of a particular
30 contractor, provided that the grant, gift, or bequest
31 provides majority funding for the contract.
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1 Section 20-105. State agency printing. All books,
2 pamphlets, documents, and reports published through or by the
3 State of Illinois or any State agency, board, or commission
4 shall have printed thereon "Printed by authority of the State
5 of Illinois", the date of each publication, the number of
6 copies printed, and the printing order number. Each using
7 agency shall be responsible for ascertaining the compliance
8 of printing materials procured by or for it with this
9 Section. No printing or reproduction contract shall be let
10 and no printing or reproduction shall be accomplished when
11 that wording does not appear on the material to be printed or
12 reproduced. No publication may have written, stamped, or
13 printed on it, or attached to it, "Compliments of ........
14 (naming a person)" or any words of similar import.
15 Section 20-110. Printing cost offsets. The chief
16 procurement officer may promulgate rules permitting the
17 exchange of advertising rights in or receipt of free copies
18 of printed products procured under this Article as a means of
19 reducing printing costs. The rules shall specify the
20 appropriate method of source selection to be used to
21 competitively acquire printing cost offsets.
22 ARTICLE 25
23 SUPPLIES AND SERVICES (EXCLUDING
24 PROFESSIONAL OR ARTISTIC)
25 Section 25-5. Applicability. All contracts for supplies
26 and services, excluding professional or artistic services,
27 shall be procured in accordance with the provisions of this
28 Article.
29 Section 25-10. Authority. State purchasing officers
30 shall have the authority to procure supplies and services,
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1 except as that authority may be limited by the chief
2 procurement officer.
3 Section 25-15. Method of source selection.
4 (a) Competitive sealed bidding. Except as provided in
5 subsection (b) and Sections 20-20, 20-25, and 20-30, all
6 State contracts for supplies and services shall be awarded by
7 competitive sealed bidding in accordance with Section 20-10.
8 (b) Other methods. The chief procurement officer may
9 establish by rule (i) categories of purchases, including
10 non-governmental joint purchases, that may be made without
11 competitive sealed bidding and (ii) the most competitive
12 alternate method of source selection that shall be used for
13 each category of purchase.
14 Section 25-30. More favorable terms. A supply or
15 service contract may include, if determined by a State
16 purchasing officer to be in the best interests of the State,
17 a clause requiring that if more favorable terms are granted
18 by the contractor to any similar state or local governmental
19 agency in any state in a contemporaneous agreement let under
20 the same or similar financial terms and circumstances for
21 comparable supplies or services, the more favorable terms
22 shall be applicable under the contract.
23 Section 25-35. Purchase of coal and postage stamps.
24 (a) Delivery of necessary supplies. To avoid
25 interruption or impediment of delivery of necessary supplies,
26 commodities, and coal, State purchasing officers may make
27 purchases of or contracts for supplies and commodities after
28 April 30 of a fiscal year when delivery of the supplies and
29 commodities is to be made after June 30 of that fiscal year
30 and payment for which is to be made from appropriations for
31 the next fiscal year.
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1 (b) Postage. All postage stamps purchased from State
2 funds must be perforated for identification purposes. A
3 General Assembly member may furnish the U.S. Post Office with
4 a warrant so as to allow for the creation or continuation of
5 a bulk rate mailing fund in the name of the General Assembly
6 member or may furnish a postage meter company or post office
7 with a warrant so as to facilitate the purchase of a postage
8 meter and its stamps. Any postage meter so purchased must
9 also contain a stamp that shall state "Official State Mail".
10 Section 25-45. Energy conservation program. State
11 purchasing officers may enter into energy conservation
12 program contracts that provide for utility cost savings. The
13 chief procurement officer shall promulgate and adopt rules
14 for the implementation of this Section.
15 Section 25-55. Annual reports. Every printed annual
16 report produced by a State agency shall bear a statement
17 indicating whether it was printed by the State of Illinois or
18 by contract and indicating the printing cost per copy and the
19 number of copies printed. The Department of Central
20 Management Services shall prepare and submit to the General
21 Assembly on the fourth Wednesday of January in each year a
22 report setting forth with respect to each State agency for
23 the calendar year immediately preceding the calendar year in
24 which the report is filed the total quantity of annual
25 reports printed, the total cost, and the cost per copy and
26 the cost per page of the annual report of the State agency
27 printed during the calendar year covered by the report.
28 Section 25-60. Prevailing wage requirements.
29 (a) All services furnished under printing contracts of
30 $10,000 or more and under service contracts of $2,000 or more
31 or $200 or more per month shall be subject to the following
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1 prevailing wage requirements:
2 (1) Not less than the general prevailing wage rate
3 of hourly wages for work of a similar character in the
4 locality in which the work is produced shall be paid by
5 the successful vendor to its employees who perform the
6 work on the State contracts. The bidder or offeror, in
7 order to be considered to be a responsible bidder or
8 offeror for the purposes of this Code, shall certify to
9 the purchasing agency that wages to be paid to its
10 employees are no less, and fringe benefits and working
11 conditions of employees are not less favorable, than
12 those prevailing in the locality where the contract is to
13 be performed. Prevailing wages and working conditions
14 shall be determined by the Director of the Illinois
15 Department of Labor.
16 (2) Whenever a collective bargaining agreement is
17 in effect between an employer, other than a governmental
18 body, and service or printing employees as defined in
19 this Section who are represented by a responsible
20 organization that is in no way influenced or controlled
21 by the management, that agreement and its provisions
22 shall be considered as conditions prevalent in that
23 locality and shall be the minimum requirements taken into
24 consideration by the Director of Labor.
25 (3) Collective bargaining agreements between State
26 employees and the State of Illinois shall not be taken
27 into account by the Department of Labor in determining
28 the prevailing wage rate.
29 (b) As used in this Section, "services" means janitorial
30 cleaning services, window cleaning services, food services,
31 and security services. "Printing" means and includes all
32 processes and operations involved in printing, including but
33 not limited to letterpress, offset, and gravure processes,
34 the multilith method, photographic or other duplicating
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1 process, the operations of composition, platemaking,
2 presswork, and binding, and the end products of those
3 processes, methods, and operations. As used in this Code
4 "printing" does not include photocopiers used in the course
5 of normal business activities, photographic equipment used
6 for geographic mapping, or printed matter that is commonly
7 available to the general public from contractor inventory.
8 (c) The terms "general prevailing rate of hourly wages",
9 "general prevailing rate of wages", or "prevailing rate of
10 wages" when used in this Section mean the hourly cash wages
11 plus fringe benefits for health and welfare, insurance,
12 vacations, and pensions paid generally, in the locality in
13 which the work is being performed, to employees engaged in
14 work of a similar character.
15 (d) "Locality" shall have the meaning established by
16 rule.
17 (e) This Section does not apply to services furnished
18 under contracts for professional or artistic services.
19 (f) This Section does not apply to vocational programs
20 of training for physically or mentally handicapped persons or
21 to sheltered workshops for the severely disabled.
22 ARTICLE 30
23 CONSTRUCTION AND CONSTRUCTION-
24 RELATED PROFESSIONAL SERVICES
25 Section 30-5. Applicability. Construction and
26 construction-related professional services shall be procured
27 in accordance with this Article.
28 Section 30-10. Authority. Construction agencies shall
29 have the authority to procure construction and
30 construction-related professional services.
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1 Section 30-15. Method of source selection.
2 (a) Competitive sealed bidding. Except as provided in
3 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
4 20-30, all State construction contracts shall be procured by
5 competitive sealed bidding in accordance with Section 20-10.
6 (b) Other methods. The Capital Development Board shall
7 establish by rule construction purchases that may be made
8 without competitive sealed bidding and the most competitive
9 alternate method of source selection that shall be used.
10 (c) Construction-related professional services. All
11 construction-related professional services contracts shall be
12 awarded in accordance with the provisions of the
13 Architectural, Engineering, and Land Surveying Qualifications
14 Based Selection Act. "Professional services" means those
15 services within the scope of the practice of architecture,
16 professional engineering, structural engineering, or
17 registered land surveying, as defined by the laws of this
18 State.
19 (d) Correctional facilities. Remodeling and
20 rehabilitation projects at correctional facilities under
21 $25,000 funded from the General Revenue Fund are exempt from
22 the provisions of this Article. The Department of
23 Corrections may use inmate labor for the remodeling or
24 rehabilitation of correctional facilities on those projects
25 under $25,000 funded from the General Revenue Fund.
26 Section 30-20. Prequalification. The Capital
27 Development Board shall promulgate rules for the development
28 of prequalified supplier lists for construction and
29 construction-related professional services and the periodic
30 updating of those lists. Construction and
31 construction-related professional services contracts over
32 $25,000 may be awarded to any qualified suppliers.
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1 Section 30-25. Retention of a percentage of contract
2 price. Whenever any contract entered into by a construction
3 agency for the repair, remodeling, renovation, or
4 construction of a building or structure, for the construction
5 or maintenance of a highway, as those terms are defined in
6 Article 2 of the Illinois Highway Code, or for the
7 reclamation of abandoned lands as those terms are defined in
8 Article I of the Abandoned Mined Lands and Water Reclamation
9 Act provides for the retention of a percentage of the
10 contract price until final completion and acceptance of the
11 work, upon the request of the contractor and with the
12 approval of the construction agency the amount so retained
13 may be deposited under a trust agreement with an Illinois
14 bank or financial institution of the contractor's choice and
15 subject to the approval of the construction agency. The
16 contractor shall receive any interest on the deposited
17 amount. Upon application by the contractor, the trust
18 agreement must contain, at a minimum, the following
19 provisions:
20 (1) the amount to be deposited subject to the
21 trust;
22 (2) the terms and conditions of payment in case of
23 default by the contractor;
24 (3) the termination of the trust agreement upon
25 completion of the contract; and
26 (4) the contractor shall be responsible for
27 obtaining the written consent of the bank trustee and for
28 any costs or service fees.
29 The trust agreement may, at the discretion of the
30 construction agency and upon request of the contractor,
31 become effective at the time of the first partial payment in
32 accordance with existing statutes and rules.
33 Section 30-30. Contracts in excess of $250,000. For
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1 building construction contracts in excess of $250,000,
2 separate specifications shall be prepared for all equipment,
3 labor, and materials in connection with the following 5
4 subdivisions of the work to be performed:
5 (1) plumbing;
6 (2) heating, piping, refrigeration, and automatic
7 temperature control systems, including the testing and
8 balancing of those systems;
9 (3) ventilating and distribution systems for
10 conditioned air, including the testing and balancing of
11 those systems;
12 (4) electric wiring; and
13 (5) general contract work.
14 The specifications must be so drawn as to permit separate
15 and independent bidding upon each of the 5 subdivisions of
16 work. All contracts awarded for any part thereof shall award
17 the 5 subdivisions of work separately to responsible and
18 reliable persons, firms, or corporations engaged in these
19 classes of work. The contracts, at the discretion of the
20 construction agency, may be assigned to the successful bidder
21 on the general contract work or to the successful bidder on
22 the subdivision of work designated by the construction agency
23 before the bidding as the prime subdivision of work, provided
24 that all payments will be made directly to the contractors
25 for the 5 subdivisions of work upon compliance with the
26 conditions of the contract. A contract may be let for one or
27 more buildings in any project to the same contractor. The
28 specifications shall require, however, that unless the
29 buildings are identical, a separate price shall be submitted
30 for each building. The contract may be awarded to the lowest
31 responsible bidder for each or all of the buildings included
32 in the specifications.
33 Section 30-35. Expenditure in excess of contract price.
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1 (a) Germaneness. No funds in excess of the contract
2 price may be obligated or expended unless the additional work
3 to be performed or materials to be furnished is germane to
4 the original contract. Even if germane to the original
5 contract, no additional expenditures or obligations may, in
6 their total combined amounts, be in excess of the percentages
7 of the original contract amount set forth in subsection (b)
8 unless they have received the prior written approval of the
9 construction agency. In the event that the total of the
10 combined additional expenditures or obligations exceeds the
11 percentages of the original contract amount set forth in
12 subsection (b), the construction agency shall investigate all
13 the additional expenditures or obligations in excess of the
14 original contract amount and shall in writing approve or
15 disapprove subsequent expenditures or obligations and state
16 in detail the reasons for the approval or disapproval.
17 (b) Written determination required. When the contract
18 amount is no more than $75,000, the percentage shall be 9%
19 (maximum $6,750). When the contract amount is between
20 $75,001 and $200,000, the percentage shall be 7% of the
21 amount above $75,000 plus $6,750, but not to exceed 7% of
22 $200,000 (maximum $14,000). When the contract amount is
23 between $200,001 and $500,000, the percentage shall be 5% of
24 the amount above $200,000 plus $14,000, but not to exceed 5%
25 of $500,000 (maximum $25,000). When the contract amount is
26 in excess of $500,000, the percentage shall be 3% of the
27 amount above $500,000 plus $25,000.
28 Section 30-45. Other Acts. This Article is subject to
29 applicable provisions of the following Acts:
30 (1) the Prevailing Wage Act;
31 (2) the Public Construction Bond Act;
32 (3) the Public Works Employment Discrimination Act;
33 (4) the Public Works Preference Act;
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1 (5) the Employment of Illinois Workers on Public
2 Works Act;
3 (6) the Public Contract Fraud Act; and
4 (7) the Illinois Construction Evaluation Act.
5 ARTICLE 35
6 PROCUREMENT OF PROFESSIONAL
7 AND ARTISTIC SERVICES
8 Section 35-5. Application. All professional and
9 artistic services shall be procured in accordance with the
10 provisions of this Article.
11 Section 35-10. Authority. Each State purchasing
12 officer, under the supervision of his or her respective chief
13 procurement officer, has the authority to select, according
14 to the provisions of this Article, his or her own
15 professional and artistic services.
16 Section 35-15. Prequalification.
17 (a) The Director of Central Management Services and the
18 higher education chief procurement officer shall each develop
19 appropriate and reasonable prequalification standards and
20 categories of professional and artistic services.
21 (b) The prequalifications and categorizations shall be
22 submitted to the Procurement Policy Board and published for
23 public comment prior to their submission to the Joint
24 Committee on Administrative Rules for approval.
25 (c) The Director of Central Management Services and the
26 higher education chief procurement officer shall each also
27 assemble and maintain a comprehensive list of prequalified
28 and categorized businesses and persons.
29 (d) Prequalification shall not be used to bar or prevent
30 any qualified business or person for bidding or responding to
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1 invitations for bid or proposal.
2 Section 35-20. Uniformity in procurement.
3 (a) The Director of Central Management Services and the
4 higher education chief procurement officer shall each
5 develop, cause to be printed, and distribute uniform
6 documents for the solicitation, review, and acceptance of all
7 professional and artistic services.
8 (b) All chief procurement officers, State purchasing
9 officers, and their designees shall use the appropriate
10 uniform procedures and forms specified in this Code for all
11 professional and artistic services.
12 (c) These forms shall include in detail, in writing, at
13 least:
14 (1) a description of the goal to be achieved;
15 (2) the services to be performed;
16 (3) the need for the service;
17 (4) the qualifications that are necessary; and
18 (5) a plan for post-performance review.
19 Section 35-25. Uniformity in contract.
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 contracting of professional and artistic
24 services.
25 (b) All chief procurement officers, State purchasing
26 officers, and their designees shall use the appropriate
27 uniform contracts and forms in contracting for all
28 professional and artistic services.
29 (c) These contracts and forms shall include in detail,
30 in writing, at least:
31 (1) the detail listed in subsection (c) of Section
32 35-20;
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1 (2) the duration of the contract, with a schedule
2 of delivery, when applicable;
3 (3) the method for charging and measuring cost
4 (hourly, per day, etc.);
5 (4) the rate of remuneration; and
6 (5) the maximum price.
7 Section 35-30. Awards.
8 (a) All State contracts for professional and artistic
9 services, except as provided in this Section, shall be
10 awarded using the competitive request for proposal process
11 outlined in this Section.
12 (b) For each contract offered, the chief procurement
13 officer, State purchasing officer, or his or her designee
14 shall use the appropriate standard solicitation forms
15 available from the Department of Central Management Services
16 or the higher education chief procurement officer.
17 (c) Prepared forms shall be submitted to the Department
18 of Central Management Services or the higher education chief
19 procurement officer, whichever is appropriate, for
20 publication in its Illinois Procurement Bulletin and
21 circulation to the Department of Central Management Services'
22 or the higher education chief procurement officer's list of
23 prequalified vendors. Notice of the offer or request for
24 proposal shall appear at least 14 days before the response to
25 the offer is due.
26 (d) All interested respondents shall return their
27 responses to the Department of Central Management Services or
28 the higher education chief procurement officer, whichever is
29 appropriate, which shall open and record them. The
30 Department or higher education chief procurement officer then
31 shall forward the responses, together with any information it
32 has available about the qualifications and other State work
33 of the respondents.
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1 (e) After evaluation, ranking, and selection, the
2 responsible chief procurement officer, State purchasing
3 officer, or his or her designee shall notify the Department
4 of Central Management Services or the higher education chief
5 procurement officer, whichever is appropriate, of the
6 successful respondent and shall forward a copy of the signed
7 contract for the Department's or higher education chief
8 procurement officer's file. The Department or higher
9 education chief procurement officer shall publish the names
10 of the responsible procurement decision-maker, the agency
11 letting the contract, the successful respondent, a contract
12 reference, and value of the let contract in the next
13 appropriate volume of the Illinois Procurement Bulletin.
14 (f) For all professional and artistic contracts with
15 annualized value that exceeds $25,000, evaluation and ranking
16 by price are required. Any chief procurement officer or
17 State purchasing officer, but not their designees, may select
18 an offeror other than the lowest bidder by price. In any
19 case, when the contract exceeds the $25,000 threshhold and
20 the lowest bidder is not selected, the chief procurement
21 officer or the State purchasing officer shall forward
22 together with the contract notice of who the low bidder was
23 and a written decision as to why another was selected to the
24 Department of Central Management Services or the higher
25 education chief procurement officer, whichever is
26 appropriate. The Department or higher education chief
27 procurement officer shall publish as provided in subsection
28 (e) of Section 35-30, but shall include notice of the chief
29 procurement officer's or State purchasing officer's written
30 decision.
31 (g) The Department of Central Management Services and
32 higher education chief procurement officer may each refine,
33 but not contradict, this Section by promulgating rules for
34 submission to the Procurement Policy Board and then to the
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1 Joint Committee on Administrative Rules. Any refinement
2 shall be based on the principles and procedures of the
3 federal Architect-Engineer Selection Law, Public Law 92-582
4 Brooks Act, and the Architectural, Engineering, and Land
5 Surveying Qualifications Based Selection Act; except that
6 pricing shall be an integral part of the selection process.
7 Section 35-35. Exceptions.
8 (a) Exceptions to Section 35-30 are allowed for sole
9 source procurements, emergency procurements, and at the
10 discretion of the chief procurement officer or the State
11 purchasing officer, but not their designees, for professional
12 and artistic contracts that are nonrenewable, one year or
13 less in duration, and have a value of less than $20,000.
14 (b) All exceptions granted under this Article must still
15 be submitted to the Department of Central Management Services
16 or the higher education chief procurement officer, whichever
17 is appropriate, and published as provided for in subsection
18 (f) of Section 35-30, shall name the authorizing chief
19 procurement officer or State purchasing officer, and shall
20 include a brief explanation of the reason for the exception.
21 Section 35-40. Subcontractors.
22 (a) Any contract granted under this Article shall state
23 whether the services of a subcontractor will be used. The
24 contract shall include the names and addresses of all
25 subcontractors and the expected amount of money each will
26 receive under the contract.
27 (b) If at any time during the term of a contract, a
28 contractor adds or changes any subcontractors, he or she
29 shall promptly notify, in writing, the Department of Central
30 Management Services or the higher education chief procurement
31 officer, whichever is appropriate, and the responsible chief
32 procurement officer, State purchasing officer, or their
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1 designee of the names and addresses and the expected amount
2 of money each new or replaced subcontractor will receive.
3 ARTICLE 40
4 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
5 Section 40-5. Applicability. All leases for real
6 property or capital improvements, including office and
7 storage space, buildings, and other facilities for State
8 agencies, shall be procured in accordance with the provisions
9 of this Article.
10 Section 40-10. Authority. State purchasing officers
11 shall have the authority to procure leases for real property
12 or capital improvements.
13 Section 40-15. Method of source selection.
14 (a) Request for information. Except as provided in
15 subsections (b) and (c), all State contracts for leases of
16 real property or capital improvements shall be awarded by a
17 request for information process in accordance with Section
18 40-20.
19 (b) Other methods. A request for information process
20 need not be used in procuring any of the following leases:
21 (1) Property of less than 10,000 square feet.
22 (2) Rent of less than $100,000 per year.
23 (3) Duration of less than one year that cannot be
24 renewed.
25 (4) Specialized space available at only one
26 location.
27 (5) renewal or extension of a lease in effect
28 before July 1, 1998; provided that: (i) the chief
29 procurement officer determines in writing that the
30 renewal or extension is in the best interest of the
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1 State; (ii) the chief procurement officer submits his or
2 her written determination and the renewal or extension to
3 the Board; (iii) the Board does not object in writing to
4 the renewal or extension within 30 days after its
5 submission; and (iv) the chief procurement officer
6 publishes the renewal or extension in the appropriate
7 volume of the Procurement Bulletin.
8 (c) Leases with governmental units. Leases with other
9 governmental units may be negotiated without using the
10 request for information process when deemed by the chief
11 procurement officer to be in the best interest of the State.
12 Section 40-20. Request for information.
13 (a) Conditions for use. Leases shall be procured by
14 request for information except as otherwise provided in
15 Section 40-15.
16 (b) Form. A request for information shall be issued and
17 shall include:
18 (1) the type of property to be leased;
19 (2) the proposed uses of the property;
20 (3) the duration of the lease;
21 (4) the preferred location of the property; and
22 (5) a general description of the configuration
23 desired.
24 (c) Public notice. Public notice of the request for
25 information for the availability of real property to lease
26 shall be published in the appropriate volume of the Illinois
27 Procurement Bulletin at least 14 days before the date set
28 forth in the request for receipt of responses and shall also
29 be published in similar manner in a newspaper of general
30 circulation in the community or communities where the using
31 agency is seeking space.
32 (d) Response. The request for information response
33 shall consist of written information sufficient to show that
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1 the respondent can meet minimum criteria set forth in the
2 request. State purchasing officers may enter into
3 discussions with respondents for the purpose of clarifying
4 State needs and the information supplied by the respondents.
5 On the basis of the information supplied and discussions, if
6 any, a State purchasing officer shall make a written
7 determination identifying the responses that meet the minimum
8 criteria set forth in the request for information.
9 Negotiations shall be entered into with all qualified
10 respondents for the purpose of securing a lease that is in
11 the best interest of the State. A written report of the
12 negotiations shall be retained in the lease files and shall
13 include the reasons for the final selection. All leases
14 shall be reduced to writing and filed in accordance with the
15 provisions of Section 20-80.
16 When the lowest response by price is not selected, the
17 State purchasing officer shall forward to the chief
18 procurement officer, along with the lease, notice of the
19 identity of the lowest respondent by price and written
20 reasons for the selection of a different response. The chief
21 procurement officer shall publish the written reasons in the
22 next volume of the Illinois Procurement Bulletin.
23 Section 40-25. Length of leases.
24 (a) Maximum term. Leases shall be for a term not to
25 exceed 10 years and shall include a termination option in
26 favor of the State after 5 years.
27 (b) Renewal. Leases may include a renewal option. An
28 option to renew may be exercised only when a State purchasing
29 officer determines in writing that renewal is in the best
30 interest of the State and notice of the exercise of the
31 option is published in the appropriate volume of the
32 Procurement Bulletin at least 60 days prior to the exercise
33 of the option.
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1 (c) Subject to appropriation. All leases shall recite
2 that they are subject to termination and cancellation in any
3 year for which the General Assembly fails to make an
4 appropriation to make payments under the terms of the lease.
5 Section 40-30. Purchase option. Initial leases of all
6 space in entire, free-standing buildings shall include an
7 option to purchase exerciseable by the State, unless the
8 purchasing officer determines that inclusion of such purchase
9 option is not in the State's best interest and makes that
10 determination in writing along with the reasons for making
11 that determination and publishes the written determination in
12 the appropriate volume of the Procurement Bulletin. Leases
13 from governmental units and not-for-profit entities are
14 exempt from the requirements of this Section.
15 Section 40-35. Rent without occupancy. Except when
16 deemed by the Board to be in the best interest of the State,
17 no State agency may incur rental obligations before occupying
18 the space rented.
19 Section 40-40. Local site preferences. Upon the request
20 of the chief executive officer of a unit of local government,
21 leasing preferences may be given to sites located in
22 enterprise zones, tax increment districts, or redevelopment
23 districts.
24 ARTICLE 45
25 PREFERENCES
26 Section 45-5. Procurement preferences. To promote
27 business and employment opportunities in Illinois,
28 procurement preferences are established and shall be
29 applicable to any procurement made under this Code.
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1 Section 45-10. Resident bidders.
2 (a) Amount of preference. When a contract is to be
3 awarded to the lowest responsible bidder, a resident bidder
4 shall be allowed a preference as against a non-resident
5 bidder from any state that gives or requires a preference to
6 bidders from that state. The preference shall be equal to
7 the preference given or required by the state of the
8 non-resident bidder. Further, if only non-resident bidders
9 are bidding, the purchasing agency is within its right to
10 specify that Illinois labor and manufacturing locations be
11 used as a part of the manufacturing process, if applicable.
12 This specification may be negotiated as part of the
13 solicitation process.
14 (b) Residency. A resident bidder is a person authorized
15 to transact business in this State and having a bona fide
16 establishment for transacting business within this State
17 where it was actually transacting business on the date when
18 any bid for a public contract is first advertised or
19 announced. A resident bidder includes a foreign corporation
20 duly authorized to transact business in this State that has a
21 bona fide establishment for transacting business within this
22 State where it was actually transacting business on the date
23 when any bid for a public contract is first advertised or
24 announced.
25 (c) Federal funds. This Section does not apply to any
26 contract for any project as to which federal funds are
27 available for expenditure when its provisions may be in
28 conflict with federal law or federal regulation.
29 Section 45-15. Soybean oil-based ink. Contracts
30 requiring the procurement of printing services shall specify
31 the use of soybean oil-based ink unless a State purchasing
32 officer determines that another type of ink is required to
33 assure high quality and reasonable pricing of the printed
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1 product.
2 Section 45-20. Recycled materials. When a public
3 contract is to be awarded to the lowest responsible bidder,
4 an otherwise qualified bidder who will fulfill the contract
5 through the use of products made of recycled materials may,
6 on a pilot basis or in accordance with a pilot study, be
7 given preference over other bidders unable to do so, provided
8 that the cost included in the bid of products made of
9 recycled materials is not more than 10% greater than the cost
10 of products not made of recycled materials.
11 Section 45-25. Recyclable paper. All paper purchased
12 for use by State agencies must be recyclable paper unless
13 recyclable paper cannot be used to meet the requirements of
14 the State agencies. State agencies shall determine their
15 paper requirements to allow the use of recyclable paper
16 whenever possible, including without limitation using plain
17 paper rather than colored paper that is not recyclable.
18 Section 45-30. Correctional industries. Notwithstanding
19 anything to the contrary in other law, the chief procurement
20 officer shall, in consultation with the Department of
21 Corrections, determine which articles, materials, industry
22 related services, food stuffs, and supplies that are produced
23 or manufactured by persons confined in institutions and
24 facilities of the Department of Corrections shall be given
25 preference by purchasing agencies procuring those items. The
26 chief procurement officer shall develop and distribute to the
27 various purchasing and using agencies procedures for
28 implementing this Section.
29 Section 45-35. Sheltered workshops for the severely
30 handicapped.
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1 (a) Qualification. Supplies and services may be
2 procured without advertising or calling for bids from any
3 qualified not-for-profit agency for the severely handicapped
4 that:
5 (1) complies with Illinois laws governing private
6 not-for-profit organizations;
7 (2) is certified as a sheltered workshop by the
8 Wage and Hour Division of the United States Department of
9 Labor; and
10 (3) meets the Illinois Department of Human Services
11 just standards for rehabilitation facilities.
12 (b) Participation. To participate, the not-for-profit
13 agency must have indicated an interest in providing the
14 supplies and services, must meet the specifications and needs
15 of the using agency, and must set a fair market price.
16 (c) Committee. There is created within the Department
17 of Central Management Services a committee to facilitate the
18 purchase of products and services of persons so severely
19 handicapped by a physical or mental disability that they
20 cannot engage in normal competitive employment. The
21 committee shall consist of the Director of the Department of
22 Central Management Services, the Director of the Department
23 of Human Services, and 2 representatives from private
24 business and 2 public members all appointed by the Governor
25 who are knowledgeable in the needs and concerns of
26 rehabilitation facilities in Illinois. The public members
27 shall serve 2 year terms, commencing upon appointment and
28 every 2 years thereafter. A public member may be
29 reappointed, and vacancies may be filled by appointment for
30 the completion of the term. The members shall serve without
31 compensation but shall be reimbursed for expenses at a rate
32 equal to that of State employees on a per diem basis by the
33 Department of Central Management Services. All members shall
34 be entitled to vote on issues before the committee.
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1 The committee shall have the following powers and duties:
2 (1) To request from any State agency information as
3 to product specification and service requirements in
4 order to carry out its purpose.
5 (2) To meet quarterly or more often as necessary to
6 carry out its purposes.
7 (3) To request a quarterly report from each
8 participating qualified not-for-profit agency for the
9 severely handicapped describing the volume of sales for
10 each product or service sold under this Section.
11 (4) To prepare a report for the Governor annually.
12 (5) To prepare a publication that lists all
13 supplies and services currently available from any
14 qualified not-for-profit agency for the severely
15 handicapped. This list and any revisions shall be
16 distributed to all purchasing agencies.
17 (6) To encourage diversity in supplies and services
18 provided by qualified not-for-profit agencies for the
19 severely handicapped and discourage unnecessary
20 duplication or competition among facilities.
21 (7) To develop guidelines to be followed by
22 qualifying agencies for participation under the
23 provisions of this Section. The guidelines shall be
24 developed within 6 months after the effective date of
25 this Code and made available on a nondiscriminatory basis
26 to all qualifying agencies.
27 (8) To review all bids submitted under the
28 provisions of this Section and reject any bid for any
29 purchase that is determined to be substantially more than
30 the purchase would have cost had it been competitively
31 bid.
32 (d) Former committee. The committee created under
33 subsection (c) shall replace the committee created under
34 Section 7-2 of the Illinois Purchasing Act, which shall
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1 continue to operate until the appointments under subsection
2 (c) are made.
3 Section 45-40. Gas mileage.
4 (a) Specification. Contracts for the purchase or lease
5 of new passenger automobiles, other than station wagons,
6 vans, four-wheel drive vehicles, emergency vehicles, and
7 police and fire vehicles, shall specify the procurement of a
8 model that, according to the most current mileage study
9 published by the U.S. Environmental Protection Agency, can
10 achieve at least the minimum average fuel economy in miles
11 per gallon imposed upon manufacturers of vehicles under Title
12 V of The Motor Vehicle Information and Cost Savings Act.
13 (b) Exemptions. The State purchasing officer may exempt
14 procurements from the requirement of subsection (a) when
15 there is a demonstrated need, submitted in writing, for an
16 automobile that does not meet the minimum average fuel
17 economy standards. The chief procurement officer shall
18 promulgate rules for determining need consistent with the
19 intent of this Section.
20 Section 45-45. Small businesses.
21 (a) Set-asides. The chief procurement officer has
22 authority to designate as small business set-asides a fair
23 proportion of construction, supply, and service contracts for
24 award to small businesses in Illinois. Advertisements for
25 bids or offers for those contracts shall specify designation
26 as small business set-asides. In awarding the contracts,
27 only bids or offers from qualified small businesses shall be
28 considered.
29 (b) Small business. "Small business" means a business
30 that is independently owned and operated and that is not
31 dominant in its field of operation. The chief procurement
32 officer shall establish a detailed definition by rule, using
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1 in addition to the foregoing criteria other criteria,
2 including the number of employees and the dollar volume of
3 business. When computing the size status of a bidder, annual
4 sales and receipts of the bidder and all of its affiliates
5 shall be included. The maximum number of employees and the
6 maximum dollar volume that a small business may have under
7 the rules promulgated by the chief procurement officer may
8 vary from industry to industry to the extent necessary to
9 reflect differing characteristics of those industries,
10 subject to the following limitations:
11 (1) No wholesale business is a small business if
12 its annual sales for its most recently completed fiscal
13 year exceed $7,500,000.
14 (2) No retail business or business selling services
15 is a small business if its annual sales and receipts
16 exceed $1,500,000.
17 (3) No manufacturing business is a small business
18 if it employs more than 250 persons.
19 (4) No construction business is a small business if
20 its annual sales and receipts exceed $3,000,000.
21 (c) Fair proportion. For the purpose of subsection (a),
22 for State agencies of the executive branch, a fair proportion
23 of construction contracts shall be no less than 25% nor more
24 than 40% of the annual total contracts for construction.
25 (d) Withdrawal of designation. A small business
26 set-aside designation may be withdrawn by the purchasing
27 agency when deemed in the best interests of the State. Upon
28 withdrawal, all bids or offers shall be rejected, and the
29 bidders or offerors shall be notified of the reason for
30 rejection. The contract shall then be awarded in accordance
31 with this Code without the designation of small business
32 set-aside.
33 (e) Small business specialist. The chief procurement
34 officer shall designate a State purchasing officer who will
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1 be responsible for engaging an experienced contract
2 negotiator to serve as its small business specialist, whose
3 duties shall include:
4 (1) Compiling and maintaining a comprehensive
5 bidders list of small businesses. In this duty, he or
6 she shall cooperate with the Federal Small Business
7 Administration in locating potential sources for various
8 products and services.
9 (2) Assisting small businesses in complying with
10 the procedures for bidding on State contracts.
11 (3) Examining requests from State agencies for the
12 purchase of property or services to help determine which
13 invitations to bid are to be designated small business
14 set-asides.
15 (4) Making recommendations to the chief procurement
16 officer for the simplification of specifications and
17 terms in order to increase the opportunities for small
18 business participation.
19 (5) Assisting in investigations by purchasing
20 agencies to determine the responsibility of bidders on
21 small business set-asides.
22 (f) Small business annual report. The State purchasing
23 officer designated under subsection (e) shall annually before
24 December 1 report in writing to the General Assembly
25 concerning the awarding of contracts to small businesses.
26 The report shall include the total value of awards made in
27 the preceding fiscal year under the designation of small
28 business set-aside.
29 The requirement for reporting to the General Assembly
30 shall be satisfied by filing copies of the report as required
31 by Section 3.1 of the General Assembly Organization Act.
32 Section 45-50. Illinois agricultural products. In
33 awarding contracts requiring the procurement of agricultural
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1 products, preference may be given to an otherwise qualified
2 bidder or offeror who will fulfill the contract through the
3 use of agricultural products grown in Illinois.
4 Section 45-55. Corn-based plastics. In awarding
5 contracts requiring the procurement of plastic products,
6 preference may be given to an otherwise qualified bidder or
7 offeror who will fulfill the contract through the use of
8 plastic products made from Illinois corn by-products.
9 Section 45-60. Vehicles powered by agricultural
10 commodity-based fuel. In awarding contracts requiring the
11 procurement of vehicles, preference may be given to an
12 otherwise qualified bidder or offeror who will fulfill the
13 contract through the use of vehicles powered by ethanol
14 produced from Illinois corn or biodiesel fuels produced from
15 Illinois soybeans.
16 Section 45-65. Additional preferences. This Code is
17 subject to applicable provisions of:
18 (1) the Public Purchases in Other States Act;
19 (2) the Illinois Mined Coal Act;
20 (3) the Steel Products Procurement Act;
21 (4) the Veterans Preference Act; and
22 (5) the Business Enterprise for Minorities,
23 Females, and Persons with Disabilities Act.
24 ARTICLE 50
25 PROCUREMENT ETHICS AND DISCLOSURE
26 Section 50-1. Purpose. It is the express duty of all
27 chief procurement officers, State purchasing officers, and
28 their designees to maximize the value of the expenditure of
29 public moneys in procuring goods, services, and contracts for
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1 the State of Illinois and to act in a manner that maintains
2 the integrity and public trust of State government. In
3 discharging this duty, they are charged to use all available
4 information, reasonable efforts, and reasonable actions to
5 protect, safeguard, and maintain the procurement process of
6 the State of Illinois.
7 Section 50-5. Bribery.
8 (a) Prohibition. No person or business shall be awarded
9 a contract or subcontract under this Code who:
10 (1) has been convicted under the laws of Illinois
11 or any other state of bribery or attempting to bribe an
12 officer or employee of the State of Illinois or any other
13 state in that officer's or employee's official capacity;
14 or
15 (2) has made an admission of guilt of that conduct
16 that is a matter of record but has not been prosecuted
17 for that conduct.
18 (b) Businesses. No business shall be barred from
19 contracting with any unit of State or local government as a
20 result of a conviction under this Section of any employee or
21 agent of the business if the employee or agent is no longer
22 employed by the business and:
23 (1) the business has been finally adjudicated not
24 guilty; or
25 (2) the business demonstrates to the governmental
26 entity with which it seeks to contract, and that entity
27 finds that the commission of the offense was not
28 authorized, requested, commanded, or performed by a
29 director, officer, or high managerial agent on behalf of
30 the business as provided in paragraph (2) of subsection
31 (a) of Section 5-4 of the Criminal Code of 1961.
32 (c) Conduct on behalf of business. For purposes of this
33 Section, when an official, agent, or employee of a business
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1 committed the bribery or attempted bribery on behalf of the
2 business and in accordance with the direction or
3 authorization of a responsible official of the business, the
4 business shall be chargeable with the conduct.
5 (d) Certification. Every bid submitted to and contract
6 executed by the State shall contain a certification by the
7 contractor that the contractor is not barred from being
8 awarded a contract or subcontract under this Section. A
9 contractor who makes a false statement, material to the
10 certification, commits a Class 3 felony.
11 Section 50-10. Felons. Unless otherwise provided, no
12 person or business convicted of a felony shall do business
13 with the State of Illinois or any State agency from the date
14 of conviction until 5 years after the date of completion of
15 the sentence for that felony, unless no person held
16 responsible by a prosecutorial office for the facts upon
17 which the conviction was based continues to have any
18 involvement with the business.
19 Section 50-13. Conflicts of interest.
20 (a) Prohibition. It is unlawful for any person holding
21 an elective office in this State, holding a seat in the
22 General Assembly, or appointed to or employed in any of the
23 offices or agencies of State government and who receives
24 compensation for such employment in excess of 60% of the
25 salary of the Governor of the State of Illinois, or who is an
26 officer or employee of the Capital Development Board or the
27 Illinois Toll Highway Authority, or who is the spouse or
28 minor child of any such person to have or acquire any
29 contract, or any direct pecuniary interest in any contract
30 therein, whether for stationery, printing, paper, or any
31 services, materials, or supplies, that will be wholly or
32 partially satisfied by the payment of funds appropriated by
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1 the General Assembly of the State of Illinois or in any
2 contract of the Capital Development Board or the Illinois
3 Toll Highway Authority.
4 (b) Interests. It is unlawful for any firm,
5 partnership, association, or corporation, in which any person
6 listed in subsection (a) is entitled to receive (i) more than
7 7 1/2% of the total distributable income or (ii) an amount in
8 excess of the salary of the Governor, to have or acquire any
9 such contract or direct pecuniary interest therein.
10 (c) Combined interests. It is unlawful for any firm,
11 partnership, association, or corporation, in which any person
12 listed in subsection (a) together with his or her spouse or
13 minor children is entitled to receive (i) more than 15%, in
14 the aggregate, of the total distributable income or (ii) an
15 amount in excess of 2 times the salary of the Governor, to
16 have or acquire any such contract or direct pecuniary
17 interest therein.
18 (d) Securities. Nothing in this Section invalidates the
19 provisions of any bond or other security previously offered
20 or to be offered for sale or sold by or for the State of
21 Illinois.
22 (e) Prior interests. This Section does not affect the
23 validity of any contract made between the State and an
24 officer or employee of the State or member of the General
25 Assembly, his or her spouse, minor child or any combination
26 of those persons if that contract was in existence before his
27 or her election or employment as an officer, member, or
28 employee. The contract is voidable, however, if it cannot be
29 completed within 365 days after the officer, member, or
30 employee takes office or is employed.
31 (f) Exceptions.
32 (1) Public aid payments. This Section does not
33 apply to payments made for a public aid recipient.
34 (2) Teaching. This Section does not apply to a
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1 contract for personal services as a teacher or school
2 administrator between a member of the General Assembly or
3 his or her spouse, or a State officer or employee or his
4 or her spouse, and any school district, public community
5 college district, the University of Illinois, Southern
6 Illinois University, Illinois State University, Eastern
7 Illinois University, Northern Illinois University,
8 Western Illinois University, Chicago State University,
9 Governor State University, or Northeastern Illinois
10 University.
11 (3) Ministerial duties. This Section does not
12 apply to a contract for personal services of a wholly
13 ministerial character, including but not limited to
14 services as a laborer, clerk, typist, stenographer, page,
15 bookkeeper, receptionist, or telephone switchboard
16 operator, made by a spouse or minor child of an elective
17 or appointive State officer or employee or of a member of
18 the General Assembly.
19 (4) Child and family services. This Section does
20 not apply to payments made to a member of the General
21 Assembly, a State officer or employee, his or her spouse
22 or minor child acting as a foster parent, homemaker,
23 advocate, or volunteer for or in behalf of a child or
24 family served by the Department of Children and Family
25 Services.
26 (5) Licensed professionals. Contracts with licensed
27 professionals, provided they are competitively bid or
28 part of a reimbursement program for specific, customary
29 goods and services through the Department of Children and
30 Family Services, the Department of Human Services, the
31 Department of Public Aid, the Department of Public
32 Health, or the Department on Aging.
33 (g) Penalty. A person convicted of a violation of this
34 Section is guilty of a business offense and shall be fined
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1 not less than $1,000 nor more than $5,000.
2 Section 50-15. Negotiations.
3 (a) It is unlawful for any person employed in or on a
4 continual contractual relationship with any of the offices or
5 agencies of State government to participate in contract
6 negotiations on behalf of that office or agency with any
7 firm, partnership, association, or corporation with whom that
8 person has a contract for future employment or is negotiating
9 concerning possible future employment.
10 (b) Any person convicted of a violation of this Section
11 is guilty of a business offense and shall be fined not less
12 than $1,000 nor more than $5,000.
13 Section 50-20. Exemptions. With the approval of the
14 appropriate chief procurement officer involved, the Governor,
15 or an executive ethics board or commission he or she
16 designates, may exempt named individuals from the
17 prohibitions of Section 50-13 when, in his, her, or its
18 judgment, the public interest in having the individual in the
19 service of the State outweighs the public policy evidenced in
20 that Section. An exemption is effective only when it is
21 filed with the Secretary of State and the Comptroller and
22 includes a statement setting forth the name of the individual
23 and all the pertinent facts that would make that Section
24 applicable, setting forth the reason for the exemption, and
25 declaring the individual exempted from that Section. Notice
26 of each exemption shall be published in the Illinois
27 Procurement Bulletin.
28 Section 50-25. Inducement. Any person who offers or
29 pays any money or other valuable thing to any person to
30 induce him or her not to bid for a State contract or as
31 recompense for not having bid on a State contract is guilty
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1 of a Class 4 felony. Any person who accepts any money or
2 other valuable thing for not bidding for a State contract or
3 who withholds a bid in consideration of the promise for the
4 payment of money or other valuable thing is guilty of a Class
5 4 felony.
6 Section 50-30. Revolving door prohibition. Chief
7 procurement officers, associate procurement officers, State
8 purchasing officers, their designees whose principal duties
9 are directly related to State procurement, and executive
10 officers confirmed by the Senate are expressly prohibited for
11 a period of 2 years after terminating an affected position
12 from engaging in any procurement activity relating to the
13 State agency most recently employing them in an affected
14 position for a period of at least 6 months. The prohibition
15 includes but is not limited to: lobbying the procurement
16 process; specifying; bidding; proposing bid, proposal, or
17 contract documents; on their own behalf or on behalf of any
18 firm, partnership, association, or corporation. This Section
19 applies only to persons who terminate an affected position on
20 or after January 15, 1999.
21 Section 50-35. Disclosure and potential conflicts of
22 interest.
23 (a) All offers from responsive bidders or offerors with
24 an annual value of more than $10,000 shall be accompanied by
25 disclosure of the financial interests of the contractor,
26 bidder, or proposer. The financial disclosure of each
27 successful bidder or offeror shall become part of the
28 publicly available contract or procurement file maintained by
29 the appropriate chief procurement officer.
30 (b) Disclosure by the responsive bidders or offerors
31 shall include any ownership or distributive income share that
32 is in excess of 5%, or an amount greater than 60% of the
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1 annual salary of the Governor, of the bidding entity or its
2 parent entity, whichever is less, unless the contractor or
3 bidder is a publicly traded entity subject to Federal 10K
4 reporting, in which case it may submit its 10K disclosure in
5 place of the prescribed disclosure. The form of disclosure
6 shall be prescribed by the applicable chief procurement
7 officer and must include at least the names, addresses, and
8 dollar or proportionate share of ownership of each person
9 identified in this Section, their instrument of ownership or
10 beneficial relationship, and notice of any potential conflict
11 of interest resulting from the current ownership or
12 beneficial relationship of each person identified in this
13 Section having in addition any of the following
14 relationships:
15 (1) State employment, currently or in the previous
16 3 years, including contractual employment of services.
17 (2) State employment of spouse, father, mother,
18 son, or daughter, including contractual employment for
19 services in the previous 2 years.
20 (3) Elective status; the holding of elective office
21 of the State of Illinois, the government of the United
22 States, any unit of local government authorized by the
23 Constitution of the State of Illinois or the statutes of
24 the State of Illinois currently or in the previous 3
25 years.
26 (4) Relationship to anyone holding elective office
27 currently or in the previous 2 years; spouse, father,
28 mother, son, or daughter.
29 (5) Appointive office; the holding of any
30 appointive government office of the State of Illinois,
31 the United States of America, or any unit of local
32 government authorized by the Constitution of the State of
33 Illinois or the statutes of the State of Illinois, which
34 office entitles the holder to compensation in excess of
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1 expenses incurred in the discharge of that office
2 currently or in the previous 3 years.
3 (6) Relationship to anyone holding appointive
4 office currently or in the previous 2 years; spouse,
5 father, mother, son, or daughter.
6 (7) Employment, currently or in the previous 3
7 years, as or by any registered lobbyist of the State
8 government.
9 (8) Relationship to anyone who is or was a
10 registered lobbyist in the previous 2 years; spouse,
11 father, mother, son, or daughter.
12 (9) Compensated employment, currently or in the
13 previous 3 years, by any registered election or
14 re-election committee registered with the Secretary of
15 State or any county clerk in the State of Illinois, or
16 any political action committee registered with either the
17 Secretary of State or the Federal Board of Elections.
18 (10) Relationship to anyone; spouse, father,
19 mother, son, or daughter; who is or was a compensated
20 employee in the last 2 years of any registered election
21 or re-election committee registered with the Secretary of
22 State or any county clerk in the State of Illinois, or
23 any political action committee registered with either the
24 Secretary of State or the Federal Board of Elections.
25 (c) The disclosure in subsection (b) is not intended to
26 prohibit or prevent any contract. The disclosure is meant to
27 fully and publicly disclose any potential conflict to the
28 chief procurement officers, State purchasing officers, their
29 designees, and executive officers so they may adequately
30 discharge their duty to protect the State.
31 (d) In the case of any contract for personal services in
32 excess of $50,000; any contract competitively bid in excess
33 of $250,000; any other contract in excess of $50,000; when a
34 potential for a conflict of interest is identified,
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1 discovered, or reasonably suspected it shall be reviewed and
2 commented on in writing by the Governor of the State of
3 Illinois, or by an executive ethics board or commission he or
4 she might designate. The comment shall be returned to the
5 responsible chief procurement officer who must rule in
6 writing whether to void or allow the contract, bid, offer, or
7 proposal weighing the best interest of the State of Illinois.
8 The comment and determination shall become a publicly
9 available part of the contract, bid, or proposal file.
10 (e) These threshholds and disclosure do not relieve the
11 chief procurement officer, the State purchasing officer, or
12 their designees from reasonable care and diligence for any
13 contract, bid, offer, or proposal. The chief procurement
14 officer, the State purchasing officer, or their designees
15 shall be responsible for using any reasonably known and
16 publicly available information to discover any undisclosed
17 potential conflict of interest and act to protect the best
18 interest of the State of Illinois.
19 (f) Inadvertent or accidental failure to fully disclose
20 shall render the contract, bid, proposal, or relationship
21 voidable by the chief procurement officer if he or she deems
22 it in the best interest of the State of Illinois and, at his
23 or her discretion, may be cause for barring from future
24 contracts, bids, proposals, or relationships with the State
25 for a period of up to 2 years.
26 (g) Intentional, willful, or material failure to
27 disclose shall render the contract, bid, proposal, or
28 relationship voidable by the chief procurement officer if he
29 or she deems it in the best interest of the State of Illinois
30 and shall result in debarment from future contracts, bids,
31 proposals, or relationships for a period of not less than 2
32 years and not more than 10 years. Reinstatement after 2
33 years and before 10 years must be reviewed and commented on
34 in writing by the Governor of the State of Illinois, or by an
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1 executive ethics board or commission he or she might
2 designate. The comment shall be returned to the responsible
3 chief procurement officer who must rule in writing whether
4 and when to reinstate.
5 (h) In addition, all disclosures shall note any other
6 current or pending contracts, proposals, leases, or other
7 ongoing procurement relationships the bidding, proposing, or
8 offering entity has with any other unit of State government
9 and shall clearly identify the unit and the contract,
10 proposal, lease, or other relationship.
11 Section 50-40. Reporting anticompetitive practices.
12 When, for any reason, any vendor, bidder, contractor, chief
13 procurement officer, State purchasing officer, designee,
14 elected official, or State employee suspects collusion or
15 other anticompetitive practice among any bidders, offerors,
16 contractors, proposers, or employees of the State, a notice
17 of the relevant facts shall be transmitted to the Attorney
18 General and the chief procurement officer.
19 Section 50-45. Confidentiality. Any chief procurement
20 officer, State purchasing officer, designee, or executive
21 officer who willfully uses or allows the use of
22 specifications, competitive bid documents, proprietary
23 competitive information, proposals, contracts, or selection
24 information to compromise the fairness or integrity of the
25 procurement, bidding, or contract process shall be subject to
26 immediate dismissal, regardless of the Personnel Code, any
27 contract, or any collective bargaining agreement, and may in
28 addition be subject to criminal prosecution.
29 Section 50-50. Insider information. It is unlawful for
30 any current or former elected or appointed State official or
31 State employee to knowingly use confidential information
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1 available only by virtue of that office or employment for
2 actual or anticipated gain for themselves or another person.
3 Section 50-55. Supply inventory. Every State agency
4 shall inventory or stock no more than a 12-month need of
5 equipment, supplies, commodities, articles, and other items,
6 except as otherwise authorized by the State agency's
7 regulations. Every State agency shall periodically review
8 its inventory to ensure compliance with this Section. If,
9 upon review, an agency determines it has more than a 12-month
10 supply of any equipment, supplies, commodities, or other
11 items, the agency shall undertake transfers of the
12 oversupplied items or other action necessary to maintain
13 compliance with this Section. This Section shall not apply
14 to lifesaving medications, mechanical spare parts, and items
15 for which the supplier requires a minimum order stipulation.
16 Section 50-60. Voidable contracts. If any contract is
17 entered into or purchase or expenditure of funds is made in
18 violation of this Code or any other law, the contract may be
19 declared void by the chief procurement officer or may be
20 ratified and affirmed, provided the chief procurement officer
21 determines that ratification is in the best interests of the
22 State. If the contract is ratified and affirmed, it shall be
23 without prejudice to the State's rights to any appropriate
24 damages.
25 Section 50-65. Contractor suspension. Any contractor
26 may be suspended for violation of this Code or for failure to
27 conform to specifications or terms of delivery. Suspension
28 shall be for cause and may be for a period of up to 5 years
29 at the discretion of the applicable chief procurement
30 officer. Contractors may be debarred in accordance with rules
31 promulgated by the chief procurement officer or as otherwise
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1 provided by law.
2 Section 50-70. Additional provisions. This Code is
3 subject to applicable provisions of the following Acts:
4 (1) Article 33E of the Criminal Code of 1961;
5 (2) the Illinois Human Rights Act;
6 (3) the Discriminatory Club Act;
7 (4) the Illinois Governmental Ethics Act;
8 (5) the State Prompt Payment Act;
9 (6) the Public Officer Prohibited Activities Act;
10 and
11 (7) the Drug Free Workplace Act.
12 Section 50-75. Other violations.
13 (a) Any chief procurement officer, State purchasing
14 officer, or designee who willfully violates or allows the
15 violation of this Code shall be subject to immediate
16 dismissal, regardless of the Personnel Code, any contract, or
17 any collective bargaining agreement.
18 (b) Except as otherwise provided in this Code, whoever
19 violates this Code or the rules promulgated under it is
20 guilty of a Class A misdemeanor.
21 ARTICLE 53
22 CONCESSIONS
23 Section 53-10. Concessions and leases of State property.
24 (a) Except for property under the jurisdiction of a
25 public institution of higher education, concessions,
26 including the assignment, license, sale, or transfer of
27 interests in or rights to discoveries, inventions, patents,
28 or copyrightable works, may be entered into by the State
29 agency with jurisdiction over the property, whether tangible
30 or intangible.
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1 (b) Except for property under the jurisdiction of a
2 public institution of higher education, all concessions shall
3 be reduced to writing and shall be awarded under the
4 provisions of Article 20, except that the contract shall be
5 awarded to the highest and best bidder or offeror.
6 Section 53-20. Contract duration and terms. Except for
7 property under the jurisdiction of a public institution of
8 higher education, the duration and terms of concessions and
9 leases of State property shall be in accordance with this
10 Code or other applicable law.
11 Section 53-25. Public institutions of higher education.
12 Each public institution of higher education may enter into
13 concessions, including the assignment, license, sale, or
14 transfer of interests in or rights to discoveries,
15 inventions, patents, or copyrightable works, for property,
16 whether tangible or intangible, over which it has
17 jurisdiction. Concessions shall be reduced to writing and
18 shall be awarded at the discretion of the institution with
19 jurisdiction over the property. The duration and terms of
20 concessions and leases shall be at the discretion of the
21 institution with jurisdiction over the property. Notice of
22 the award of a concession shall be published in the higher
23 education volume of the Illinois Procurement Bulletin.
24 ARTICLE 55
25 MISCELLANEOUS PROVISIONS
26 Section 55-5. References to repealed provisions. After
27 the effective date of this Act, all references to the
28 provisions of law repealed by this Act shall be construed,
29 where necessary and appropriate, as references to the
30 Illinois Procurement Code.
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1 Section 55-10. Exclusive exercise of powers. On and
2 after 120 days following the effective date of this Act, the
3 powers granted under this Code shall be exercised exclusively
4 as granted under this Code, and no State agency may
5 concurrently exercise any such power, unless specifically
6 authorized otherwise by a later enacted law. This Code is
7 not intended to impair any contract entered into before the
8 effective date of this Act.
9 Section 55-15. Severability. If any provision of this
10 Code or any application of it to any person or circumstance
11 is held invalid, that invalidity shall not affect other
12 provisions or applications of this Code that can be given
13 effect without the invalid provision or application, and to
14 this end the provisions of this Code are declared to be
15 severable.
16 ARTICLE 95
17 AMENDATORY AND REPEALING PROVISIONS
18 Section 95-5. The Governmental Joint Purchasing Act is
19 amended by changing Section 3 as follows:
20 (30 ILCS 525/3) (from Ch. 85, par. 1603)
21 Sec. 3. Any agreement of the governmental units which
22 desire to make joint purchases, one of the governmental units
23 shall conduct the letting of bids. Where the State of
24 Illinois is a party to the joint purchase agreement, the
25 Department of Central Management Services shall conduct the
26 letting of bids. Expenses of such bid-letting may be shared
27 by the participating governmental units in proportion to the
28 amount of personal property, supplies or services each unit
29 purchases.
30 When the State of Illinois is a party to the joint
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1 purchase agreement, the acceptance of bids shall be in
2 accordance with the Illinois Procurement Code and rules
3 promulgated under that Code. When the State of Illinois is
4 not a party to the joint purchase agreement, the acceptance
5 of bids shall be governed by the agreement.
6 The personal property, supplies or services involved
7 shall be distributed or rendered directly to each
8 governmental unit taking part in the purchase. The person
9 selling the personal property, supplies or services may bill
10 each governmental unit separately for its proportionate share
11 of the cost of the personal property, supplies or services
12 purchased.
13 The credit or liability of each governmental unit shall
14 remain separate and distinct. Disputes between bidders and
15 governmental units shall be resolved between the immediate
16 parties.
17 (Source: P.A. 87-860.)
18 (15 ILCS 405/11 rep.)
19 (15 ILCS 405/15 rep.)
20 Section 95-10. The State Comptroller Act is amended by
21 repealing Sections 11 and 15.
22 (20 ILCS 5/29 rep.)
23 (20 ILCS 5/30 rep.)
24 (20 ILCS 405/35.7b rep.)
25 (20 ILCS 405/67.01 rep.)
26 (20 ILCS 405/67.04 rep.)
27 Section 95-15. The Civil Administrative Code of Illinois
28 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
29 67.04.
30 Section 95-17. The Personnel Code is amended by adding
31 Section 25 as follows:
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1 (20 ILCS 415/25 new)
2 Sec. 25. Illinois Procurement Code. This Code is
3 subject to the disciplinary and penalty provisions of the
4 Illinois Procurement Code.
5 (20 ILCS 1015/13 rep.)
6 Section 95-20. The Public Employment Office Act is
7 amended by repealing Section 13.
8 Section 95-22. The General Assembly Operations Act is
9 amended by adding Section 10 as follows:
10 (25 ILCS 10/10 new)
11 Sec. 10. General Assembly printing; session laws.
12 (a) Authority. Public printing for the use of either
13 House of the General Assembly shall be subject to its
14 control.
15 (b) Time of delivery. Daily calendars, journals, and
16 other similar printing for which manuscript or copy is
17 delivered to the Legislative Printing Unit by the clerical
18 officer of either House shall be printed so as to permit
19 delivery at any reasonable time required by the clerical
20 officer. Any petition, bill, resolution, joint resolution,
21 memorial, and similar manuscript or copy delivered to the
22 Legislative Printing Unit by the clerical officer of either
23 House shall be printed at any reasonable time required by
24 that officer.
25 (c) Style. The manner, form, style, size, and
26 arrangement of type used in printing the bills, resolutions,
27 amendments, conference reports, and journals, including daily
28 journals, of the General Assembly shall be as provided in the
29 Rules of the General Assembly.
30 (d) Daily journal. The Clerk of the House of
31 Representatives and the Secretary of the Senate shall each
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1 prepare and deliver to the Legislative Printing Unit,
2 immediately after the close of each daily session, a
3 printer's copy of the daily journal for their respective
4 House.
5 (e) Daily and bound journals.
6 (1) Subscriptions. The Legislative Printing Unit
7 shall have printed the number of copies of the daily
8 journal as may be requested by the clerical officer of
9 each House. The Secretary of the Senate and the Clerk of
10 the House of Representatives shall furnish a copy of each
11 daily journal of their respective House to those persons
12 who apply therefor upon payment of a reasonable
13 subscription fee established separately by the Secretary
14 of the Senate and the Clerk of the House for their
15 respective House. Each subscriber shall specify at the
16 time he or she subscribes the address where he or she
17 wishes the journals mailed. The daily journals shall be
18 furnished free of charge on a pickup basis to State
19 offices and to the public as long as the supply lasts.
20 The Secretary of the Senate and the Clerk of the House
21 shall determine the number of journals available for
22 pickup at their respective offices.
23 (2) Other copies. After the General Assembly
24 adjourns, the Clerk of the House and the Secretary of the
25 Senate shall prepare and deliver to the Legislative
26 Printing Unit a printer's copy of matter for the regular
27 House and Senate journals, together with any matter, not
28 previously printed in the daily journals, that is
29 required by law, by order of either House, or by joint
30 resolution to be printed in the journals. The
31 Legislative Printing Unit shall have printed the number
32 of copies of the bound journal as may be requested by the
33 clerical officer of each House. A reasonable number of
34 bound volumes of the journal of each House of the General
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1 Assembly shall be provided to State and local officers,
2 boards, commissions, institutions, departments, agencies,
3 and libraries requesting them through canvasses conducted
4 separately by the Secretary of the Senate and the Clerk
5 of the House. Reasonable fees established separately by
6 the Secretary of the Senate and the Clerk of the House
7 may be charged for bound volumes of the journal of each
8 House of the General Assembly.
9 (f) Session laws. Immediately after the General Assembly
10 adjourns, the Secretary of State shall prepare a printer's
11 copy for the "Session Laws of Illinois" that shall set forth
12 in full all Acts and joint resolutions passed by the General
13 Assembly at the session just concluded and all executive
14 orders of the Governor taking effect under Article V, Section
15 11 of the Constitution and the Executive Reorganization
16 Implementation Act. The printer's copy shall be furnished
17 and delivered to the Secretary of State by the Enrolling and
18 Engrossing Department of the 2 Houses. At the time an
19 enrolled law is filed with the Secretary of State, whether
20 before or after the conclusion of the session in which it was
21 passed, it shall be assigned a Public Act number, the first
22 part of which shall be the number of the General Assembly
23 followed by a dash and then a number showing the order in
24 which that law was filed with the Secretary of State. The
25 title page of each volume of the session laws shall contain
26 the following: "Printed by the authority of the General
27 Assembly of the State of Illinois". The laws shall be
28 arranged by the Secretary of State and printed in the
29 chronological order of Public Act numbers. At the end of
30 each Act the dates when the Act was passed by the General
31 Assembly and when the Act was approved by the Governor shall
32 be stated. Any Act becoming law without the approval of the
33 Governor shall be marked at its end in the session laws by
34 the printed certificate of the Secretary of State. Executive
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1 orders taking effect under Article V, Section 11 of the
2 Constitution and the Executive Reorganization Implementation
3 Act shall be printed in chronological order of executive
4 order number and shall state at the end of each executive
5 order the date it was transmitted to the General Assembly and
6 the date it takes effect. In the case of an amendatory Act,
7 the changes made by the amendatory Act shall be indicated in
8 the session laws in the following manner: (i) all new matter
9 shall be underscored; and (ii) all matter deleted by the
10 amendatory Act shall be shown crossed with a line. The
11 Secretary of State shall prepare and furnish a table of
12 contents and an index to each volume of the session laws.
13 (g) Distribution. The bound volumes of the session laws
14 of the General Assembly shall be made available to the
15 following:
16 (1) one copy of each to each State officer, board,
17 commission, institution, and department requesting a copy
18 in accordance with a canvass conducted by the Secretary
19 of State before the printing of the session laws except
20 judges of the appellate courts and judges and associate
21 judges of the circuit courts;
22 (2) 10 copies to the law library of the Supreme
23 Court; one copy each to the law libraries of the
24 appellate courts; and one copy to each of the county law
25 libraries or, in those counties without county law
26 libraries, one copy to the clerk of the circuit court;
27 (3) one copy of each to each county clerk;
28 (4) 10 copies of each to the library of the
29 University of Illinois;
30 (5) 3 copies of each to the libraries of the
31 University of Illinois at Chicago, Southern Illinois
32 University at Carbondale, Southern Illinois University at
33 Edwardsville, Northern Illinois University, Western
34 Illinois University, Eastern Illinois University,
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1 Illinois State University, Chicago State University,
2 Northeastern Illinois University, Chicago Kent College of
3 Law, DePaul University, John Marshall Law School, Loyola
4 University, Northwestern University, Roosevelt
5 University, and the University of Chicago;
6 (6) a number of copies sufficient for exchange
7 purposes to the Legislative Reference Bureau and the
8 University of Illinois College of Law Library;
9 (7) a number of copies sufficient for public
10 libraries in the State to the State Library; and
11 (8) the remainder shall be retained for
12 distribution as the interests of the State may require to
13 persons making application in writing or in person for
14 the publication.
15 (h) Messages and reports. The following shall be
16 printed in a quantity not to exceed the maximum stated in
17 this subsection and bound and distributed at public expense:
18 (1) messages to the General Assembly by the
19 Governor, 10,000 copies;
20 (2) the biennial report of the Lieutenant Governor,
21 1,000 copies;
22 (3) the biennial report of the Secretary of State,
23 3,000 copies;
24 (4) the biennial report of the State Comptroller,
25 5,000 copies;
26 (5) the biennial report of the State Treasurer,
27 3,000 copies;
28 (6) the annual report of the State Board of
29 Education, 6,000 copies; and
30 (7) the biennial report and annual opinions of the
31 Attorney General, 5,000 copies.
32 The reports of all other State officers, boards,
33 commissions, institutions, and departments shall be printed,
34 bound, and distributed at public expense in a number of
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1 copies determined from previous experience not to exceed the
2 probable and reasonable demands of the State therefor. Any
3 other report required by law to be made to the Governor
4 shall, upon his or her order, be printed in the quantity
5 ordered by the Governor, bound and distributed at public
6 expense.
7 (30 ILCS 505/Act rep.)
8 Section 95-25. The Illinois Purchasing Act is repealed.
9 (30 ILCS 510/Act rep.)
10 Section 95-30. The State Paper Purchasing Act is
11 repealed.
12 Section 95-35. The State Printing Contracts Act is
13 amended by adding Section 44 as follows:
14 (30 ILCS 515/44 new)
15 Sec. 44. Repeal. This Act is repealed on May 1, 1998.
16 (30 ILCS 563/Act rep.)
17 Section 95-37. The Real Estate Leasing Act is repealed.
18 (30 ILCS 615/Act rep.)
19 Section 95-40. The State Vehicle Mileage Act is
20 repealed.
21 ARTICLE 99
22 EFFECTIVE DATE
23 Section 99-5. Effective date and transition. This
24 Article, Sections 1-15 through 1-15.115 of Article 1, and
25 Article 50 take effect upon becoming law. Articles 1 through
26 45 and 53 through 95 take effect January 1, 1998, solely for
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1 the purpose of allowing the promulgation of rules to
2 implement the Illinois Procurement Code. The Procurement
3 Policy Board established in Article 5 may be appointed as of
4 January 1, 1998, and until July 1, 1998, shall act only to
5 review proposed purchasing rules. Articles 1 through 45 and
6 53 through 95 for all other purposes take effect on July 1,
7 1998.".