State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB2325eng

      SEE INDEX
          Creates the Illinois Procurement Code.  Provides for  the
      purchasing  of  supplies,  services, and construction and the
      leasing of real property  and  capital  improvements  by  the
      State.  Establishes  a  Procurement Policy Board appointed by
      the Governor to promulgate procurement  policies  and  rules.
      Provides  for  an Inspector General appointed by the Governor
      to oversee implementation of  the  Board's  policies.  Grants
      general   procurement   and  rulemaking  authority  to  State
      purchasing  officers  appointed  by  State  officers  of  the
      executive,  legislative,  and  judicial  branches   and   the
      governing boards of State colleges and universities.  Permits
      delegation    of    procurement   authority   under   certain
      circumstances.  Grants procurement authority for professional
      or artistic services to  individual  State  entities.   Makes
      competitive  sealed  bidding  the  required  method of source
      selection, with  exceptions  for  procurements  of  a  small,
      emergency,  or  sole source nature.  Provides for procurement
      preferences, contract requirements,  auditing,  prohibitions,
      and  penalties. Amends the Governmental Joint Purchasing Act,
      the Civil Administrative Code of Illinois, and the  Personnel
      Code  and repeals various Acts and Sections of Acts governing
      State purchasing. Creates the Human  Services  Delivery  Act.
      Effective immediately, in part, and July 1, 1998, in part.
                                                    LRB9006923JMmbD
HB2325 Engrossed                              LRB9006923JMmbD
 1        AN   ACT  concerning  State  purchases  and  delivery  of
 2    services.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5                              ARTICLE 1
 6                         GENERAL PROVISIONS
 7        Section  1-1.  Short title.  This Act may be cited as the
 8    Illinois Procurement Code.
 9        Section 1-5.  Public policy.  It is the purpose  of  this
10    Code  and  is declared to be the policy of the State that the
11    principles of competitive bidding and economical  procurement
12    practices  shall be applicable to all purchases and contracts
13    by or for any State agency.
14        Section 1-10.  Application.
15        (a)  This Code applies only  to  procurements  for  which
16    contractors  were  first  solicited on or after July 1, 1998.
17    This Code shall not be construed  to  affect  or  impair  any
18    contract,  or any provision of a contract, entered into prior
19    to the implementation date  of  this  Code  as  described  in
20    Article  99,  including  but  not  limited  to,  any covenant
21    entered into with respect to any  revenue  bonds  or  similar
22    instruments.
23        (b)  This  Code  applies  regardless of the source of the
24    funds with which the contracts are  paid,  including  federal
25    assistance   moneys.   This  Code  does  not  apply  to:  (1)
26    contracts between the State and its political subdivisions or
27    other  governments,  or  between  State  governmental  bodies
28    except as specifically provided in this Code; (2) grants; (3)
29    purchase of care; (4) contracts for personal services  as  an
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 1    employee  rather  than  as  an independent contractor; or (5)
 2    collective bargaining contracts.  Nothing in this Code or  in
 3    rules   promulgated   hereunder   shall   prevent  any  State
 4    governmental  body  from  complying  with   the   terms   and
 5    conditions  of  any  grant,  gift,  bequest,  or  cooperative
 6    agreement.
 7        Section  1-15.   Definitions.  For  the  purposes of this
 8    Code, the words set forth in the following Sections  of  this
 9    Article have the meanings set forth in those Sections.
10        Section   1-15.03.    Bidder  or  offeror.   "Bidder"  or
11    "offeror" means any person who submits a  bid,  proposal,  or
12    other   type   of   offer.    These   terms   may   be   used
13    interchangeably.
14        Section  1-15.05.   Board.  "Board" means the Procurement
15    Policy Board.
16        Section  1-15.10.   Business.    "Business"   means   any
17    corporation,  partnership,  individual,  sole proprietorship,
18    joint stock company, joint venture, or  other  private  legal
19    entity.
20        Section 1-15.17.  Concession.  "Concession" means any use
21    of  State  property,  primarily  real  estate, by a party not
22    associated with State government, whether or not a charge  is
23    levied for that use.
24        Section  1-15.20.   Construction.   "Construction"  means
25    building,  altering, repairing, improving, or demolishing any
26    public structure or building, or making improvements  of  any
27    kind  to public real property.  Construction does not include
28    the routine operation, routine repair, or routine maintenance
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 1    of existing structures, buildings, or real property.
 2        Section  1-15.25.   Construction  agency.   "Construction
 3    agency" means the Capital Development Board for  construction
 4    or   remodeling   of  State-owned  facilities;  the  Illinois
 5    Department of Transportation for construction or  maintenance
 6    of  roads, highways, bridges, and airports; the Illinois Toll
 7    Highway Authority for construction  or  maintenance  of  toll
 8    highways;   and   any   other   State  agency  entering  into
 9    construction contracts as authorized by law or by  delegation
10    from the Procurement Policy Board.
11        Section  1-15.30.   Contract.  "Contract" means all types
12    of State agreements, regardless of what they may  be  called,
13    for  the  procurement  or  use  of goods, services, including
14    professional or  artistic  services,  construction,  or  real
15    property leases, and including master contracts and contracts
16    for  financing  through  use of installment or lease-purchase
17    arrangements.
18        Section    1-15.35.      Cost-reimbursement     contract.
19    "Cost-reimbursement  contract" means a contract under which a
20    contractor is reimbursed for costs  that  are  allowable  and
21    allocable  in  accordance  with  the  contract  terms and the
22    provisions of this Code, and a fee, if any.
23        Section 1-15.42.   Goods.   "Goods"  means  all  personal
24    property, including but not limited to, equipment, materials,
25    printing, and insurance, and the financing of those goods.
26        Section 1-15.44.  Grant.  "Grant" means the furnishing by
27    the  State  of assistance, whether financial or otherwise, to
28    any person to support a program authorized by  law.  It  does
29    not  include  an  award,  the  primary purpose of which is to
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 1    procure an end product for the direct benefit or use  of  the
 2    State governmental body making the grant, whether in the form
 3    of  goods,  services,  or  construction; a contract resulting
 4    from such an award is not a grant but a procurement contract.
 5        Section 1-15.47.  Inspector General.  "Inspector General"
 6    means that person appointed  by  the  Governor  as  Inspector
 7    General for Procurement under Section 5-10.
 8        Section  1-15.50.   Invitation for bids.  "Invitation for
 9    bids" means the process by which a purchasing agency requests
10    information from bidders, including  all  documents,  whether
11    attached  or  incorporated  by reference, used for soliciting
12    bids.
13        Section 1-15.53.  Negotiation.  "Negotiation"  means  the
14    process  of  selecting a contractor other than by competitive
15    sealed  bids,  or  multi-step  sealed  bidding,   whereby   a
16    purchasing  agency  can  establish  any  and  all  terms  and
17    conditions  of  a procurement contract by discussion with one
18    or more prospective contractors.
19        Section 1-15.55.  Person.  "Person" means  any  business,
20    public   or  private  corporation,  partnership,  individual,
21    union, committee, club, unincorporated association  or  other
22    organization or group of individuals, or other legal entity.
23        Section 1-15.56.  Personal services.  "Personal services"
24    means  services rendered to the State by an individual, as an
25    employee and not an  independent  contractor,  and  for  whom
26    federal income taxes are withheld.
27        Section   1-15.57.   Price.   "Price"  means  any  dollar
28    related factor relevant  to  the  State,  including  but  not
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 1    limited to, discounts and transportation, and where specified
 2    in  purchase  specifications  or  descriptions, "price" means
 3    total or life cycle costs.
 4        Section  1-15.58.   Procurement.    "Procurement"   means
 5    buying,  renting,  leasing, licensing, or otherwise acquiring
 6    any goods, services, construction, or real estate  lease.  It
 7    also  includes  all  functions  that pertain to the obtaining
 8    same,  including  describing  requirements,   selection   and
 9    soliciting sources, preparing and awarding contracts, and all
10    phases of contract administration.
11        Section  1-15.60.   Professional  and  artistic services.
12    "Professional and artistic  services"  means  those  services
13    provided  under  contract  to  a  State agency by a person or
14    business, acting as an independent contractor,  qualified  by
15    education,  experience,  and  technical ability to advise and
16    assist  in  solving  specific  management  and   programmatic
17    problems  involving  the  organization,  planning, direction,
18    control, and operation of State agencies.
19        Section  1-15.65.    Purchase   description.    "Purchase
20    description"  means  the  words  used  in  a  solicitation to
21    describe the supplies,  services,  professional  or  artistic
22    services,   construction,   or   real   property  or  capital
23    improvements  to  be  procured   or   leased   and   includes
24    specifications   attached   to   or   made   a  part  of  the
25    solicitation.
26        Section 1-15.67. Purchase of care.   "Purchase  of  care"
27    means a contract with a person for the furnishing of medical,
28    educational, psychiatric, vocational, rehabilitative, social,
29    or  human  services  directly  to  a recipient of a State aid
30    program.
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 1        Section 1-15.70.  Purchasing agency.  "Purchasing agency"
 2    means a State agency that is authorized by this Code, by  its
 3    implementing  rules,  or  by authorized delegation of a State
 4    purchasing officer to enter into contracts.
 5        Section 1-15.75.  Request for  proposals.   "Request  for
 6    proposals"  means  the  process  by which a purchasing agency
 7    requests information from offerors, including all  documents,
 8    whether  attached  or  incorporated  by  reference,  used for
 9    soliciting proposals.
10        Section  1-15.80.    Responsible   bidder   or   offeror.
11    "Responsible  bidder  or  offeror" means a person who has the
12    capability in all respects  to  perform  fully  the  contract
13    requirements  and  the  integrity  and  reliability that will
14    assure good faith performance.
15        Section 1-15.85.  Responsive bidder.  "Responsive bidder"
16    means a person who has submitted a bid that conforms  in  all
17    material respects to the invitation for bids.
18        Section   1-15.90.    Services.    "Services"  means  the
19    furnishing of labor, time, or effort  by  a  contractor,  not
20    involving  the  delivery of a specific end product other than
21    reports or supplies  that  are  incidental  to  the  required
22    performance.
23        Section  1-15.93.  Solicitation.  "Solicitation" means an
24    invitation for  bids,  request  for  proposals,  request  for
25    information,  or  other  means  of  requesting contractors to
26    respond with offers or qualifications.
27        Section 1-15.95.  Specifications.  "Specifications" means
28    any description, provision, or requirement pertaining to  the
HB2325 Engrossed            -7-               LRB9006923JMmbD
 1    physical  or functional characteristics or of the nature of a
 2    supply, service,  or  other  item  to  be  procured  under  a
 3    contract.    Specifications  may include a description of any
 4    requirement for inspecting, testing, or preparing  a  supply,
 5    service,  professional  or artistic service, construction, or
 6    other item for delivery.
 7        Section 1-15.100.  State agency.   "State  agency"  means
 8    all  officers,  boards,  commissions, and agencies created by
 9    the Constitution, whether in the executive,  legislative,  or
10    judicial  branch,  but  other  than  the  circuit  court; all
11    officers,   departments,   boards,   commissions,   agencies,
12    institutions, authorities, universities, bodies  politic  and
13    corporate of the State; and administrative units or corporate
14    outgrowths  of the State government that are created by or in
15    accordance with statute, other than units of local government
16    and their officers, school districts, and boards of  election
17    commissioners;  and  all  administrative  units and corporate
18    outgrowths of  State  agencies  and  as  may  be  created  by
19    executive  order  of  the  Governor.  "State agency" does not
20    include the Illinois Comprehensive Health Insurance Board.
21        Section  1-15.105.   State  purchasing  officer.   "State
22    purchasing officer" means a person appointed as  provided  in
23    Article  10  to exercise the procurement authority created by
24    this Code.
25        Section  1-15.110.   Supplies.   "Supplies"   means   all
26    personal  property,  including  but not limited to equipment,
27    materials, printing, and  insurance,  and  the  financing  of
28    those supplies.
29        Section    1-15.112.  Supported   employee.    "Supported
30    employee" means an individual who has a  severe  physical  or
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 1    mental disability that seriously limits functional capacities
 2    including,  but  not  limited  to,  mobility, communications,
 3    self-care, self-direction, work tolerance, or work skills and
 4    for  whom  competitive  employment  has   not   traditionally
 5    occurred   or   for  whom  competitive  employment  has  been
 6    interrupted  or  intermittent  as  a  result  of   a   severe
 7    disability and who, because of the nature and the severity of
 8    that   person's   disability,   needs   intensive   supported
 9    employment  services or extended services in order to perform
10    work.
11        Section 1-15.115.  Using agency.  "Using agency" means  a
12    State agency that uses items procured under this Code.
13                              ARTICLE 5
14                         POLICY ORGANIZATION
15        Section 5-5.  Procurement Policy Board.
16        (a)  Creation.   There  is  created  a Procurement Policy
17    Board.
18        (b)  Authority and duties.   The  Board  shall  have  the
19    authority  and responsibility to promulgate rules, consistent
20    with  this  Code,  governing  the  procurement,   management,
21    control,  and disposal of supplies, services, professional or
22    artistic  services,  construction,  and  real  property   and
23    capital  improvement leases procured by the State.  All rules
24    shall be promulgated and published  in  accordance  with  the
25    Illinois  Administrative  Procedure  Act.   The  Board  shall
26    consider  and  decide matters of policy within the provisions
27    of this Code.  The Board shall have the power  to  audit  and
28    monitor  the implementation of its rules and the requirements
29    of this Code but shall not exercise authority over the  award
30    or  administration  of  any  particular  contract or over any
31    dispute, claim, or  litigation  pertaining  to  a  particular
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 1    contract, except as provided in Sections 20-30 and 20-37. The
 2    Board   shall   maintain   a   list  of  all  State  vendors,
 3    contractors, and bidders from  information  supplied  by  the
 4    State purchasing officers.
 5        (c)  Members.   The  Board  shall  consist  of  5 members
 6    appointed by the Governor, with the advice and consent of the
 7    Senate, three-fifths of the  members  elected  concurring  by
 8    record  vote.   No  more  than  3  members may be of the same
 9    political  party.   Each  member  shall   have   demonstrated
10    sufficient business or professional experience in the area of
11    procurement to perform the functions of the Board.
12        (d)  Terms.   Of  the  initial  appointees,  the Governor
13    shall designate one  member  to  serve  a  one-year  term,  2
14    members  to serve 2-year terms, and 2 members to serve 3-year
15    terms. Subsequent terms shall be 4  years.   Members  may  be
16    reappointed for succeeding terms.
17        (e)  Reimbursement.    Members   shall   receive   annual
18    compensation  of $20,000 and shall also be reimbursed for any
19    expenses reasonably incurred  in  the  performance  of  their
20    duties.
21        (f)  Staff  support.   The  Board  shall  have sufficient
22    staff to perform the duties required by this Code.
23        Section 5-10.  Inspector General for Procurement.
24        (a)  Creation and  appointment.   There  is  created  the
25    Office   of   the  Inspector  General  for  Procurement.  The
26    Governor,  with  the  advice  and  consent  of  the   Senate,
27    three-fifths  of  the  members  elected  concurring by record
28    vote, shall appoint the Inspector General for a 6-year term.
29        (b)  Authority and duties.  The Inspector  General  shall
30    be  responsible  for overseeing implementation of the Board's
31    rules and policies. The Inspector General  shall  report  any
32    suspected  violations  to the appropriate agency, the State's
33    Attorney in the  county  in  which  the  suspected  violation
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 1    occurs, and the Attorney General.
 2        (c)  Compensation.   The  Inspector  General  shall  be a
 3    full-time position compensated in  an  amount  equal  to  the
 4    compensation  of  the Auditor General.  A member of the Board
 5    may not serve as Inspector General.
 6        (d)  Staff support.  The  Inspector  General  shall  have
 7    sufficient staff to perform the duties required by this Code.
 8        (e)  The Inspector General shall file semi-annual reports
 9    with the Legislative Audit Commission.
10        Section  5-25.   Rulemaking  authority.   The  Board  may
11    authorize   a  State  agency  to  promulgate  rules  to  make
12    procurements when the Board determines  that  specific  rules
13    are  necessary.  All rules shall be promulgated in accordance
14    with the Illinois Administrative Procedure Act and  shall  be
15    subject to the approval of the Board.
16                             ARTICLE 10
17                      PROCUREMENT ORGANIZATION
18        Section 10-5.  Exercise of procurement authority.
19        (a)  The  State  purchasing  officers  appointed by their
20    respective State officers or State  agencies  shall  exercise
21    the  procurement  authority  created  by  this Code except as
22    otherwise provided in this Code.
23        (b) (1)  Procurements for all construction,  construction
24    related   services,   operation  of  any  facility,  and  the
25    provision of any service or activity committed by law to  the
26    jurisdiction  or responsibility of the Illinois Department of
27    Transportation,  including   the   direct   or   reimbursable
28    expenditure  of all federal funds for which the Department of
29    Transportation is responsible  or  accountable  for  the  use
30    thereof   in  accordance  with  federal  law,  regulation  or
31    procedure,  shall  be   exercised   by   the   Secretary   of
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 1    Transportation if required to comply with federal law.
 2        (2)  Procurements   for  all  construction,  construction
 3    related  services,  operation  of  any  facility,   and   the
 4    provision  of any service or activity committed by law to the
 5    jurisdiction or responsibility of the Illinois  Toll  Highway
 6    Authority,  including  the direct or reimbursable expenditure
 7    of all federal funds for which the Authority  is  responsible
 8    or accountable for the use thereof in accordance with federal
 9    law,  regulation  or  procedure,  shall  be  delegated to the
10    Authority if required to comply with federal law.
11        Section 10-10.  Appointment of State purchasing officers.
12        (a)  General appointments.  The following State  officers
13    shall  each  appoint  a  State purchasing officer to exercise
14    within his or  her  jurisdiction  the  procurement  authority
15    created by this Code:
16             (1)  Director of Central Management Services.
17             (2)  Attorney General.
18             (3)  Comptroller.
19             (4)  Secretary of State.
20             (5)  Treasurer.
21             (6)  Auditor General.
22             (7)  Supreme Court.
23             (8)  Speaker of the House of Representatives.
24             (9)  President of the Senate.
25             (10)  Minority    leader    of    the    House    of
26        Representatives.
27             (11)  Minority leader of the Senate.
28             (12)  Chair  of  the  Joint Committee on Legislative
29        Support Services.
30             (13)  Board  of  Trustees  of  the   University   of
31        Illinois.
32             (14)  Board   of   Trustees   of  Southern  Illinois
33        University.
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 1             (15)  Board of Trustees of Chicago State University.
 2             (16)  Board  of   Trustees   of   Eastern   Illinois
 3        University.
 4             (17)  Board   of   Trustees   of   Governors   State
 5        University.
 6             (18)  Board    of   Trustees   of   Illinois   State
 7        University.
 8             (19)  Board of  Trustees  of  Northeastern  Illinois
 9        University.
10             (20)  Board   of   Trustees   of  Northern  Illinois
11        University.
12             (21)  Board  of   Trustees   of   Western   Illinois
13        University.
14             (22)  Illinois State Board of Education.
15        No  new  personnel  position  may  be created to fill the
16    position of State purchasing officer.
17        (b)  Legislative support services  agencies.   The  State
18    purchasing  officer  appointed  under  subsection  (a) by the
19    chair of the  Joint Committee on Legislative Support Services
20    shall  serve  as  the  State  purchasing  officer   for   the
21    legislative  support services agencies during the term of the
22    chair.
23        (c)  Central Management Services.  The  State  purchasing
24    officer  appointed  under  subsection  (a) by the Director of
25    Central  Management  Services  shall  serve  as   the   State
26    purchasing   officer   for   all  State  agencies  under  the
27    jurisdiction of the Governor or Lieutenant Governor  and  all
28    State  agencies  outside  the jurisdiction of any other State
29    purchasing officer.
30        (d)  Vendor list.  Each State  purchasing  officer  shall
31    maintain  a  list  of  vendors,  contractors, and bidders and
32    forward that list to the Board at least  once  per  month  in
33    accordance with Board rules.
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 1        Section   10-15.    Delegation  of  authority.   A  State
 2    purchasing officer may delegate procurement powers and duties
 3    to  an  employee  under  that   officer's   jurisdiction   as
 4    authorized by the Board.
 5                             ARTICLE 15
 6                        PROCUREMENT BULLETIN
 7        Section  15-5.   Publisher.   The Board shall designate a
 8    State  agency  responsible  for   publishing   the   Illinois
 9    Procurement Bulletin.
10        Section   15-10.   Contents.   The  Illinois  Procurement
11    Bulletin shall contain notices and other information required
12    by this Code or by rules promulgated under this  Code  to  be
13    published  in the Illinois Procurement Bulletin. The rules of
14    the  Board  promulgated  under  this  Section  shall  require
15    inclusion  in  the   Bulletin   sufficient   information   to
16    adequately  inform the public of the nature of each contract.
17    Each  issue  shall  include  a  comprehensive  index  of  its
18    contents.  A purchasing agency may also choose, as applicable
19    and in accordance with rules of the Board, to  place  notices
20    in the official State newspaper or a newspaper circulating in
21    a locality relevant to the specified procurement.
22        Section  15-15.   Publication.   The Illinois Procurement
23    Bulletin shall be published at least twice monthly.  It shall
24    be available through  subscription  for  a  minimal  fee  not
25    exceeding  publication  and distribution costs.  The Illinois
26    Procurement Bulletin shall  be  distributed  free  to  public
27    libraries  within  Illinois.  A purchasing officer may on his
28    or her own authority authorize publication in electronic form
29    or in the official newspaper in addition  to  publication  in
30    the Illinois Procurement Bulletin.
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 1        Section  15-20.   Qualified bidders.  Subscription to the
 2    Illinois  Procurement  Bulletin  shall  not  be  required  to
 3    qualify as a bidder or offeror under this Code.
 4                             ARTICLE 20
 5               SOURCE SELECTION AND CONTRACT FORMATION
 6        Section  20-5.   Method  of  source  selection.    Unless
 7    otherwise  authorized by this Code or by other law, all State
 8    contracts shall be awarded by competitive sealed bidding,  in
 9    accordance with Section 20-10.
10        Section 20-10.  Competitive sealed bidding.
11        (a)  Conditions  for use.  All contracts shall be awarded
12    by competitive sealed bidding except as otherwise provided in
13    Section 20-5.
14        (b)  Invitation for bids.  An invitation for  bids  shall
15    be  issued  and  shall include a purchase description and the
16    material contractual terms and conditions applicable  to  the
17    procurement.
18        (c)  Public  notice.  Public notice of the invitation for
19    bids shall be published in the Illinois Procurement  Bulletin
20    at  least  28  days before the date set in the invitation for
21    the opening of bids.
22        (d)  Bid submission and opening.  Bids shall be submitted
23    in a sealed form and shall be opened publicly in the presence
24    of one or more witnesses at the time and place designated  in
25    the  invitation  for  bids.   The  rules  may provide for the
26    acceptance  of  bids  submitted  by  fax,   electronic   data
27    exchange,  or by other methods.  The name of each bidder, the
28    amount of each bid, and other relevant information as may  be
29    specified  by rule shall be recorded.  After the award of the
30    contract, the winning bid and the record of each unsuccessful
31    bid shall be open to public inspection.
HB2325 Engrossed            -15-              LRB9006923JMmbD
 1        (e)  Bid acceptance and bid evaluation.   Bids  shall  be
 2    unconditionally  accepted  without  alteration or correction,
 3    except as authorized in this Code.  Bids shall  be  evaluated
 4    based  on  the  requirements  set forth in the invitation for
 5    bids, which may include criteria to  determine  acceptability
 6    such  as inspection, testing, quality, workmanship, delivery,
 7    and suitability for a  particular  purpose.   Those  criteria
 8    that   will  affect  the  bid  price  and  be  considered  in
 9    evaluation  for  award,  such  as  discounts,  transportation
10    costs, and total or life cycle costs,  shall  be  objectively
11    measurable.  The  invitation  for  bids  shall  set forth the
12    evaluation criteria to be used. Only criteria  set  forth  in
13    the invitation for bids may be used in the bid evaluation.
14        (f)  Correction  or  withdrawal  of  bids.  Correction or
15    withdrawal of inadvertently erroneous bids  before  or  after
16    award,  or  cancellation  of awards of contracts based on bid
17    mistakes, shall be permitted in accordance with rules of  the
18    Board.   After bid opening, no changes in bid prices or other
19    provisions of bids prejudicial to the interest of  the  State
20    or  fair  competition  shall  be permitted.  All decisions to
21    permit the correction or withdrawal  of  bids  based  on  bid
22    mistakes  shall be supported by written determination made by
23    a purchasing agency.
24        (g)  Award.   The  contract   shall   be   awarded   with
25    reasonable   promptness  by  written  notice  to  the  lowest
26    responsible  and  responsive  bidder  whose  bid  meets   the
27    requirements  and  criteria  set  forth in the invitation for
28    bids.
29        (h)  Multi-step sealed bidding.  When  it  is  considered
30    impracticable  to initially prepare a purchase description to
31    support an award based on price, an invitation for  bids  may
32    be  issued,  in  accordance  with  the  rules  of  the Board,
33    requesting the submission of unpriced offers to  be  followed
34    by  an  invitation  for  bids  limited to those bidders whose
HB2325 Engrossed            -16-              LRB9006923JMmbD
 1    offers have been qualified under the criteria  set  forth  in
 2    the first solicitation.
 3        Section 20-20.  Small purchases.
 4        (a)  Amount.   Any  individual procurement of supplies or
 5    services not exceeding $5,000 may be made without competitive
 6    sealed bidding.    Procurements  shall  not  be  artificially
 7    divided  so  as  to  constitute  a  small purchase under this
 8    Section.
 9        (b)  Adjustment.  Each July 1, the small purchase maximum
10    established in subsection (a) shall be adjusted for inflation
11    as determined by the  Consumer  Price  Index  for  All  Urban
12    Consumers  as  determined  by the United States Department of
13    Labor and rounded to the nearest $100.
14        Section 20-25.  Sole source procurements.  Contracts  may
15    be  awarded  without notice or competition when there is only
16    one economically feasible source for the item, including  but
17    not  limited  to, contracts for specific works of art and for
18    the services of a particular artist.  Procurements under this
19    Section must be  approved  in  advance  by  the  Board.   The
20    procuring  agency  shall maintain a list of contracts awarded
21    on a sole source basis including the reasons for  determining
22    the  contractor  was  the  sole economically feasible source.
23    The list and the reasons shall be  open  to  inspection,  and
24    shall  be  published  in the Illinois Procurement Bulletin in
25    the issue published after the contract is awarded.
26        Section 20-30.  Emergency purchases.
27        (a)  Conditions for use.  In  accordance  with  standards
28    set  forth  in  rules  promulgated by the Board, a purchasing
29    agency may make emergency  procurements  without  competitive
30    sealed  bidding or prior notice when there exists a threat to
31    public health or public safety, or when immediate expenditure
HB2325 Engrossed            -17-              LRB9006923JMmbD
 1    is necessary for  repairs  to  State  property  in  order  to
 2    protect  against further loss of or damage to State property,
 3    to prevent or minimize serious disruption in State  services,
 4    or  to  ensure  the  integrity  of  State records.  Emergency
 5    procurements shall be made with as  much  competition  as  is
 6    practical under the circumstances and as required by the rule
 7    of  the  Board.   Emergency  procurements must be approved in
 8    advance by at least one  member  of  the  Board.   A  written
 9    description  of  the  basis for the emergency and reasons for
10    the selection of the particular contractor shall be  included
11    in the contract file.
12        (b)  Notice.    Before   the  10th  of  each  month,  the
13    purchasing agency shall publish in the  Illinois  Procurement
14    Bulletin  a  copy of each written description and reasons and
15    the total cost of each emergency procurement made during  the
16    previous  month.   When only an estimate of the total cost is
17    known at the time  of  publication,  the  estimate  shall  be
18    identified  as  an  estimate  and published.  When the actual
19    total cost is determined, it shall also be published in  like
20    manner before the 10th day of the next succeeding month.
21        (c)  Affidavits.     A   purchasing   agency   making   a
22    procurement  under this Section shall  file  affidavits  with
23    the  Board and the Inspector General within 10 days after the
24    procurement setting forth the  amount expended, the  name  of
25    the contractor involved, and the conditions and circumstances
26    requiring  the  emergency procurement.  When only an estimate
27    of  the  cost  is  available  within  10   days   after   the
28    procurement,   the  actual cost shall be reported immediately
29    after  it  is  determined.   The  Board  shall   review   the
30    affidavits  for  each  emergency  procurement at least once a
31    month, and any member of the Board may append  comments.   At
32    the  end  of each fiscal quarter, the Inspector General shall
33    file  with  the  Auditor  General,  the   Legislative   Audit
34    Commission,  and  the  Governor  a  complete  listing  of all
HB2325 Engrossed            -18-              LRB9006923JMmbD
 1    emergency procurements reported during that  fiscal  quarter.
 2    The  Legislative  Audit Commission shall review the emergency
 3    procurements so reported and, in its annual  reports,  advise
 4    the   General   Assembly   of  procurements  that  appear  to
 5    constitute an abuse of this Section.
 6        (d)  Quick purchases.  The Board may promulgate  policies
 7    extending  the circumstances by which a purchasing agency may
 8    make purchases under this Section, including but not  limited
 9    to  the  procurement  of  items available at a discount for a
10    limited period of time.
11        Section 20-35.  Competitive selection procedures.
12        (a)  Conditions  for  use.   The  services  specified  in
13    Article 35 shall be procured in accordance with this Section,
14    except as authorized under Sections 20-25 and 20-30  of  this
15    Article  or as authorized by the Board in accordance with the
16    provisions of this Code.
17        (b)  Statement of qualifications.  Potential  contractors
18    may  submit  statements  of qualifications and expressions of
19    interest.   The  Board  may  specify  a  uniform  format  for
20    statements  of  qualifications.  Persons  may   amend   these
21    statements at any time by filing a new statement.
22        (c)  Public   announcement   and   form  of  request  for
23    proposals.  Public notice of the  need  for  the  procurement
24    shall  be  given  in  the form of a request for proposals and
25    published in the Illinois Procurement Bulletin  at  least  14
26    days before the date set in the request for proposals for the
27    opening   of  proposals.  The  request  for  proposals  shall
28    describe the services required, list the type of  information
29    and  data  required  of  each  offeror,  and  shall state the
30    relative importance of particular qualifications.
31        (d)  Discussions.   The  purchasing  agency  may  conduct
32    discussions with any offeror who has submitted a proposal  to
33    determine    the   offeror's   qualifications   for   further
HB2325 Engrossed            -19-              LRB9006923JMmbD
 1    consideration.     Discussions   shall   not   disclose   any
 2    information   derived   from  proposals  submitted  by  other
 3    offerors.
 4        (e)  Award.   Award  shall  be  made   to   the   offeror
 5    determined  in  writing  by  the purchasing agency to be best
 6    qualified based on the evaluation factors set  forth  in  the
 7    request   for   proposals  and  negotiation  of  compensation
 8    determined to be fair and reasonable.  If compensation cannot
 9    be  agreed  upon  with  the  best  qualified  offeror,   then
10    negotiations  shall  be formally terminated with the selected
11    offeror.  If proposals were submitted by one  or  more  other
12    offerors  determined  to  be  qualified,  negotiations may be
13    conducted with the other offeror or offerors, in the order of
14    their respective qualification ranking. The contract  may  be
15    awarded  to  the offeror then ranked as best qualified if the
16    amount  of  compensation  is  determined  to  be   fair   and
17    reasonable.
18        Section  20-37.  Legal, medical, and related services. If
19    premature disclosure  of  the  need  for  legal  and  related
20    services or of the name of the law firm, attorney, or related
21    service  provider  might  jeopardize  the  State's ability to
22    formulate policy or its position in  litigation,  or  similar
23    reasons,  legal  and related services may be procured without
24    notice of competition.  Procurements under this Section  must
25    be  approved  in advance by at least one member of the Board.
26    If a person's health is in jeopardy, medical services may  be
27    procured without notice of competition.  The procuring agency
28    shall  maintain  a  list  of  contracts  awarded  under these
29    provisions including the reason why a competitive  method  of
30    source  selection  was  not  used.   The list and the reasons
31    shall be open to  inspection  after  the  purchasing  officer
32    determines   that   release  of  the  list  would  no  longer
33    jeopardize the State's ability to  formulate  policy  or  its
HB2325 Engrossed            -20-              LRB9006923JMmbD
 1    position in litigation, or similar reasons, no longer exist.
 2        Section  20-38.   Other government contracts.  Notice and
 3    competition are not required by  the  United  States  General
 4    Services  Administration,  or  when the Board determines that
 5    use of a contract established by another governmental  entity
 6    is in the State's best interest.
 7        Section   20-39.    Sheltered   workshops  and  supported
 8    employees.  Goods and services may be procured without notice
 9    and competition from businesses that  meet  the  requirements
10    set forth in Sections 45-35 and 45-37.
11        Section  20-40.   Cancellation of invitations for bids or
12    requests for proposals.  An invitation for  bids,  a  request
13    for proposals, or any other solicitation may be cancelled, or
14    any  and all bids or proposals may be rejected in whole or in
15    part as may be specified in the solicitation, when it  is  in
16    the  best  interests  of  the  State in accordance with rules
17    promulgated by the Board.  The reasons  for  cancellation  or
18    rejection shall be made part of the contract file.
19        Section 20-45.  Prequalification of suppliers.  The Board
20    shall  promulgate  rules  for the development of prequalified
21    supplier lists for appropriate categories  of  purchases  and
22    the periodic updating of those lists.
23        Section  20-50.  Specifications.  Specifications shall be
24    prepared in accordance with  standards  set  forth  in  rules
25    promulgated  by  the  Board.  Those standards shall include a
26    prohibition against the use  of  brand-name  products  except
27    under specified circumstances and a restriction on the use of
28    specifications   drafted   by   a   potential   bidder.   All
29    specifications shall seek to promote overall economy for  the
HB2325 Engrossed            -21-              LRB9006923JMmbD
 1    purposes intended and encourage competition in satisfying the
 2    State's needs and shall not be unduly restrictive.
 3        Section  20-55.   Types  of  contracts.   Subject  to the
 4    limitations of this Section and unless  otherwise  authorized
 5    by  law,  any  type  of  contract  that will promote the best
 6    interests  of  the   State   may   be   used,   except   that
 7    cost-plus-a-percentage-of-cost  contracts  are  prohibited. A
 8    cost-reimbursement  contract  may  be  used   only   when   a
 9    determination  is  made  in writing that a cost-reimbursement
10    contract is likely to be less costly to the  State  than  any
11    other  type  or  that  it is impracticable to obtain the item
12    required except under that type  of  contract.   The  general
13    form of contracts shall be specified by the Comptroller.
14        Section 20-57.  Contracts of $100,000 or more in a fiscal
15    year.
16        (a)  Approval   or   signature.    With  respect  to  new
17    contracts,   contract   renewals,   orders   against   master
18    contracts, and leases in the amount of $100,000 or more in  a
19    fiscal  year,  and  with  respect  to  contract amendments or
20    changes to existing contracts, including change orders,  task
21    orders,  or  requisitions  that  increase  the  value of such
22    contract to or by $100,000 or more in a fiscal year, no State
23    agency has authority to enter into  any  such  new  contract,
24    renewal,  order, amendment, or change, or to file it with the
25    Comptroller, or to make payment thereon, unless and until  it
26    has  been  approved  in  writing  or  signed  by at least the
27    following 3 individuals:
28             (1)  the director, secretary, or chief executive  of
29        the State agency;
30             (2)  the agency's State purchasing officer; and
31             (3)  the  chief  legal  counsel of the State agency;
32        provided, however, that if it does  not  employ  a  chief
HB2325 Engrossed            -22-              LRB9006923JMmbD
 1        legal  counsel,  then a senior administrative official of
 2        the State agency.
 3        (b)  Artificial  division.   Procurements  shall  not  be
 4    artificially  divided  to  avoid  the  requirements  of  this
 5    Section.
 6        (c)  Notification.  The State  purchasing  officer  shall
 7    notify  the Board and the Inspector General within 10 days of
 8    the execution of any contract pursuant to this Section.
 9        Section 20-60.  Duration of contracts.
10        (a)  Maximum duration.  A contract may  be  entered  into
11    for  any period of time deemed by the Board to be in the best
12    interests of the State  but  not  exceeding  10  years.   The
13    length  of  a lease for real property or capital improvements
14    may be in accordance with the provisions of Section 40-25.
15        (b)  Subject to appropriation.   All  contracts  made  or
16    entered   into   shall   recite  that  they  are  subject  to
17    termination and  cancellation  in  any  year  for  which  the
18    General  Assembly  fails  to  make  an  appropriation to make
19    payments under the terms of the contract.
20        Section 20-65.  Right to audit records.
21        (a)  Maintenance of books and  records.   Every  contract
22    and    subcontract    shall   require   the   contractor   or
23    subcontractor, as applicable, to maintain books  and  records
24    relating  to  the  performance of the contract or subcontract
25    and necessary to support amounts charged to the  State  under
26    the  contract or subcontract.  The books and records shall be
27    maintained by the contractor for a period of 5 years from the
28    later of the date of final  payment  under  the  contract  or
29    completion  of  the  contract  and by the subcontractor for a
30    period of 5 years from the later of the date of final payment
31    under the  subcontract  or  completion  of  the  subcontract.
32    However, the 5-year period shall be extended for the duration
HB2325 Engrossed            -23-              LRB9006923JMmbD
 1    of  any  audit  in  progress  at  the  time  of that period's
 2    expiration.
 3        (b)  Audit.  Every contract and subcontract shall provide
 4    that all books and records required to  be  maintained  under
 5    subsection (a) shall be available for review and audit by the
 6    Auditor  General  and  the purchasing agency.  Every contract
 7    and   subcontract   shall   require   the   contractor    and
 8    subcontractor,  as  applicable,  to  cooperate fully with any
 9    audit.
10        (c)  Failure to maintain books and records.   Failure  to
11    maintain the books and records required by this Section shall
12    establish  a  presumption  in  favor  of  the  State  for the
13    recovery of any funds paid by the State  for  which  required
14    books and records are not available.
15        Section     20-70.      Finality    of    determinations.
16    Determinations made by a purchasing agency  under  this  Code
17    are  final  and conclusive unless they are clearly erroneous,
18    arbitrary, capricious, or contrary to law.
19        Section 20-75.  Disputes and protests.  The  Board  shall
20    by  rule  establish  procedures  to be followed by purchasing
21    agencies in resolving protested solicitations and awards  and
22    contract   controversies,  for  debarment  or  suspension  of
23    contractors,  and  for  resolving  other  procurement-related
24    disputes.
25        Section 20-80.  Contract files.
26        (a)  Written determinations.  All written  determinations
27    required  under  this Article shall be placed in the contract
28    file maintained by the purchasing agency.
29        (b)  Filing with Comptroller. Except  for  (1)  contracts
30    paid  from  personal  services  or  (2) contracts between the
31    State and its employees to defer compensation  in  accordance
HB2325 Engrossed            -24-              LRB9006923JMmbD
 1    with  Article  24  of  the  Illinois Pension Code, whenever a
 2    contract liability exceeding $5,000 is incurred by any  State
 3    agency,  a  copy  of  the  contract, purchase order, or lease
 4    shall  be  filed  with  the  Comptroller   within   15   days
 5    thereafter.   Any  cancellation  or  modification to any such
 6    contract liability shall be filed with the Comptroller within
 7    15 days after its execution.
 8        (c)  Late filing affidavit.  When  a  contract,  purchase
 9    order,  or lease required to be filed by this Section has not
10    been filed within 30 days after  execution,  the  Comptroller
11    shall  refuse to issue a warrant for payment thereunder until
12    the agency files with the Comptroller the contract,  purchase
13    order,  or  lease  and  an  affidavit,  signed  by  the chief
14    executive officer of the  agency  or  his  or  her  designee,
15    setting  forth  an  explanation of why the contract liability
16    was not filed within 30 days after execution.  A copy of this
17    affidavit shall be filed with the Inspector General.
18        (d)  Professional and artistic  services  contracts.   No
19    voucher  shall  be submitted to the Comptroller for a warrant
20    to be drawn for the payment of money from the State  treasury
21    or from other funds held by the State Treasurer on account of
22    any  contract for services involving professional or artistic
23    skills involving an expenditure of more than $5,000  for  the
24    same  type  of service at the same location during any fiscal
25    year unless the contract is reduced  to  writing  before  the
26    services  are performed and filed with the Comptroller.  When
27    a contract for professional or artistic skills in  excess  of
28    $5,000  was  not  reduced to writing before the services were
29    performed, the Comptroller shall refuse to  issue  a  warrant
30    for  payment  for  the  services until the State agency files
31    with the Comptroller:
32             (1)  a written contract covering the services, and
33             (2)  an affidavit, signed  by  the  chief  executive
34        officer  of  the  State  agency  or  his or her designee,
HB2325 Engrossed            -25-              LRB9006923JMmbD
 1        stating that the services for which payment is being made
 2        were agreed to before commencement of  the  services  and
 3        setting  forth an explanation of why the contract was not
 4        reduced to writing before the services commenced.
 5    A copy of this affidavit shall be filed  with  the  Inspector
 6    General.    The  Comptroller  shall  maintain professional or
 7    artistic  service  contracts   filed   under   this   Section
 8    separately from other filed contracts.
 9        (e)  Method  of  source  selection.   When  a contract is
10    filed  with  the  Comptroller   under   this   Section,   the
11    Comptroller's  file  shall  identify  the  method  of  source
12    selection used in obtaining the contract.
13        Section  20-85.   List  of State contractors and bidders.
14    Each State Purchasing Officer and  each  Construction  Agency
15    shall  compile  and  maintain a list of all vendors, bidders,
16    and contractors who submit a bid, proposal, or other type  of
17    offer, whether successful or unsuccessful.  The list shall be
18    forwarded to the Board as provided by Board rules.  The Board
19    shall compile and maintain a complete list of all bidders for
20    all State agencies.  The Board shall update the list at least
21    semi-annually.  The list shall be made publicly available.
22                             ARTICLE 25
23                  SUPPLIES AND SERVICES (EXCLUDING
24                      PROFESSIONAL OR ARTISTIC)
25        Section 25-5.  Applicability.  All contracts for supplies
26    and  services  shall  be  procured  in  accordance  with  the
27    provisions of this Article.
28        Section  25-10.   Authority.   State  purchasing officers
29    shall have the authority to procure  supplies  and  services,
30    except  as  that  authority  may  be  limited by the Board or
HB2325 Engrossed            -26-              LRB9006923JMmbD
 1    delegated by the State purchasing officer in accordance  with
 2    Section 10-15.
 3        Section 25-20.  Prevailing wage requirements.
 4        (a)  Applicability.     All   services   furnished  under
 5    printing  contracts  exceeding  $25,000  and  under   service
 6    contracts  exceeding  $2,000  or  $200  per  month  shall  be
 7    performed  by    employees  of  the  contractor receiving the
 8    prevailing wage rate and working under  conditions  prevalent
 9    in  the  locality  in which the work is produced.  A contract
10    bidder or offeror, in order to be  considered  a  responsible
11    bidder  or  offeror  for  the  purposes  of  this Code, shall
12    certify to the State purchasing officer that  wages  paid  to
13    its  employees  are  no less, and fringe benefits and working
14    conditions of employees are not less  favorable,  than  those
15    prevailing  in  the  locality  where  the  contract  is to be
16    performed. Prevailing wages and working conditions  shall  be
17    determined  by  the Director of Labor.  Whenever a collective
18    bargaining agreement is in effect between an employer,  other
19    than  a  State  agency,  and service or printing employees as
20    defined in this Section who are represented by a  responsible
21    organization  that  is  in no way influenced or controlled by
22    the management, that agreement and its  provisions  shall  be
23    considered as conditions prevalent in that locality and shall
24    be  the  minimum requirements taken into consideration by the
25    Director of Labor.  Collective bargaining agreements  between
26    State  employees and the State of Illinois shall not be taken
27    into account by the Department of Labor  in  determining  the
28    prevailing wage rate.
29        (b)  Services  and  printing  defined.   As  used in this
30    Section,  "services"  means  janitorial  cleaning   services,
31    window   cleaning   services,  food  services,  and  security
32    services.  "Printing"  means  all  processes  and  operations
33    involved   in   printing   and   any   type  of  photographic
HB2325 Engrossed            -27-              LRB9006923JMmbD
 1    reproduction or other duplicating process, including but  not
 2    limited  to  letterpress,  offset, and gravure processes, the
 3    multilith  method,  any  type  of   photographic   or   other
 4    duplicating  process,  and  the  operations  of  composition,
 5    platemaking,  presswork, and binding; and the end products of
 6    those processes, methods, and operations.  As  used  in  this
 7    Section  "printing" does not include photocopiers used in the
 8    course of normal business activities, photographic  equipment
 9    used  for  geographic  mapping,  printed  matter  used in the
10    normal day to day operations of  the  General  Assembly,  the
11    printing  of  State  Lottery  tickets, shares, or other State
12    Lottery game related  materials,  or  preprinted  or  printed
13    matter  that is commonly available to the general public from
14    contractor inventory.
15        (c)  Inapplicability.  This Section  does  not  apply  to
16    services   furnished  under  contracts  for  professional  or
17    artistic services.  This Section does not apply to vocational
18    programs of training for  persons  with  physical  or  mental
19    disabilities.
20        Section  25-25.   Printing  cost  offsets.  The Board may
21    promulgate  rules  permitting  the  exchange  of  advertising
22    rights in or receipt  of  free  copies  of  printed  products
23    procured  under  this Article as a means of reducing printing
24    costs.  The  Board's  rules  shall  specify  the  appropriate
25    method  of  source  selection  to  be  used  to competitively
26    acquire printing cost offsets.
27        Section  25-30.   More  favorable  terms.   A  supply  or
28    service contract  may  include,  if  determined  by  a  State
29    purchasing  officer to be in the best interests of the State,
30    a clause requiring that if more favorable terms  are  granted
31    by  the contractor to any similar state or local governmental
32    agency in any state in a contemporaneous agreement let  under
HB2325 Engrossed            -28-              LRB9006923JMmbD
 1    the  same  or  similar  financial terms and circumstances for
 2    comparable supplies or services,  the  more  favorable  terms
 3    shall be applicable under the contract.
 4        Section 25-35.  Purchase of coal and postage stamps.
 5        (a)  Delivery    of   necessary   supplies.    To   avoid
 6    interruption or impediment of delivery of necessary supplies,
 7    commodities, and coal, State  purchasing  officers  may  make
 8    purchases  of or contracts for supplies and commodities after
 9    April 30 of a fiscal year when delivery of the  supplies  and
10    commodities  is  to be made after June 30 of that fiscal year
11    and payment for which is to be made from  appropriations  for
12    the next fiscal year.
13        (b)  Postage.   All  postage  stamps purchased from State
14    funds must be  perforated  for  identification  purposes.   A
15    General Assembly member may furnish the U.S. Post Office with
16    a  warrant so as to allow for the creation or continuation of
17    a bulk rate mailing fund in the name of the General  Assembly
18    member  or may furnish a postage meter company or post office
19    with a warrant so as to facilitate the purchase of a  postage
20    meter  and  its  stamps.  Any postage meter so purchased must
21    also contain a stamp that shall state "Official State Mail".
22        Section  25-40.   Freight  increases.   If  the  Illinois
23    Department  of  Transportation  provides   by   contract   or
24    regulation  that  general increases in freight rates incurred
25    by a contractor after entering into the contract may be added
26    to the contract price or passed through  to  the  Department,
27    then this remedy shall be available to the contractor whether
28    the  increased general freight rates are for railroads, barge
29    lines, or motor carriers of property.
30        Section  25-45.   Energy  conservation  program.    State
31    purchasing   officers  may  enter  into  energy  conservation
HB2325 Engrossed            -29-              LRB9006923JMmbD
 1    program contracts that provide for utility cost savings.  The
 2    Board shall promulgate and adopt rules for the implementation
 3    of this Section.
 4        Section 25-50.  Human services.  Every purchasing  agency
 5    that  contracts  or  provides  grants for human services may,
 6    upon request of the service provider, review the contract  or
 7    grant, upon notification by the provider that the cost of the
 8    provider's  property  and casualty insurance has increased by
 9    25% or more.  The purchasing agency may adjust  the  existing
10    contract  or  grant  with  the service provider in accordance
11    with any agreement reached and subject to the limitations  of
12    that  agency's  appropriated  funds.   For  purposes  of this
13    Section the revised contract  amount  shall  not  exceed  the
14    percentage calculated by dividing the total contract or grant
15    amount  by  the  provider's  total budget as agreed to by the
16    purchasing agency.
17        Section 25-55.  Annual  reports.   Every  printed  annual
18    report  produced  by  a  State  agency shall bear a statement
19    indicating whether it was printed by the State of Illinois or
20    by contract and indicating the printing cost per copy and the
21    number  of  copies  printed.    The  Department  of   Central
22    Management  Services  shall prepare and submit to the General
23    Assembly on the fourth Wednesday of January in  each  year  a
24    report  setting  forth  with respect to each State agency for
25    the calendar year immediately preceding the calendar year  in
26    which  the  report  is  filed  the  total  quantity of annual
27    reports printed, the total cost, and the cost  per  copy  and
28    the  cost  per  page of the annual report of the State agency
29    printed during the calendar year covered by the report.
30        Section 25-60.  General Assembly printing; session laws.
31        (a)  Authority.  Public printing for the  use  of  either
HB2325 Engrossed            -30-              LRB9006923JMmbD
 1    House  of  the  General  Assembly  shall  be  subject  to its
 2    control.  Any printing or  operation  of  printing  that  the
 3    Legislative  Printing  Unit  is  unable  to  perform  may  be
 4    purchased in accordance with this Article.
 5        (b)  Time  of  delivery.   Daily calendars, journals, and
 6    other similar  printing  for  which  manuscript  or  copy  is
 7    delivered  to  the  Legislative Printing Unit by the clerical
 8    officer of either House shall be  printed  so  as  to  permit
 9    delivery  at  any  reasonable  time  required by the clerical
10    officer.  Any petition, bill, resolution,  joint  resolution,
11    memorial,  and  similar  manuscript  or copy delivered to the
12    Legislative Printing Unit by the clerical officer  of  either
13    House  shall  be  printed  at any reasonable time required by
14    that officer.
15        (c)  Style.   The  manner,   form,   style,   size,   and
16    arrangement  of type used in printing the bills, resolutions,
17    amendments, conference reports, and journals, including daily
18    journals, of the General Assembly shall be as provided in the
19    Rules of the General Assembly.
20        (d)  Daily  journal.   The  Clerk   of   the   House   of
21    Representatives  and  the  Secretary of the Senate shall each
22    prepare  and  deliver  to  the  Legislative  Printing   Unit,
23    immediately   after  the  close  of  each  daily  session,  a
24    printer's copy of the  daily  journal  for  their  respective
25    House.
26        (e)  Daily and bound journals.
27             (1)  Subscriptions.   The  Legislative Printing Unit
28        shall have printed the number  of  copies  of  the  daily
29        journal  as  may  be requested by the clerical officer of
30        each House.  The Secretary of the Senate and the Clerk of
31        the House of Representatives shall furnish a copy of each
32        daily journal of their respective House to those  persons
33        who   apply   therefor   upon  payment  of  a  reasonable
34        subscription fee established separately by the  Secretary
HB2325 Engrossed            -31-              LRB9006923JMmbD
 1        of  the  Senate  and  the  Clerk  of  the House for their
 2        respective House.  Each subscriber shall specify  at  the
 3        time  he  or  she  subscribes the address where he or she
 4        wishes the journals mailed.  The daily journals shall  be
 5        furnished  free  of  charge  on  a  pickup basis to State
 6        offices and to the public as long as  the  supply  lasts.
 7        The  Secretary  of  the Senate and the Clerk of the House
 8        shall determine the  number  of  journals  available  for
 9        pickup at their respective offices.
10             (2)  Other   copies.   After  the  General  Assembly
11        adjourns, the Clerk of the House and the Secretary of the
12        Senate shall  prepare  and  deliver  to  the  Legislative
13        Printing  Unit a printer's copy of matter for the regular
14        House and Senate journals, together with any matter,  not
15        previously   printed  in  the  daily  journals,  that  is
16        required by law, by order of either House,  or  by  joint
17        resolution   to   be   printed   in  the  journals.   The
18        Legislative Printing Unit shall have printed  the  number
19        of copies of the bound journal as may be requested by the
20        clerical  officer  of each House.  A reasonable number of
21        bound volumes of the journal of each House of the General
22        Assembly shall be provided to State and  local  officers,
23        boards, commissions, institutions, departments, agencies,
24        and libraries requesting them through canvasses conducted
25        separately  by  the Secretary of the Senate and the Clerk
26        of the House.  Reasonable fees established separately  by
27        the  Secretary  of  the Senate and the Clerk of the House
28        may be charged for bound volumes of the journal  of  each
29        House of the General Assembly.
30        (f)  Session laws. Immediately after the General Assembly
31    adjourns,  the  Secretary  of State shall prepare a printer's
32    copy for the "Session Laws of Illinois" that shall set  forth
33    in  full all Acts and joint resolutions passed by the General
34    Assembly at the session  just  concluded  and  all  executive
HB2325 Engrossed            -32-              LRB9006923JMmbD
 1    orders of the Governor taking effect under Article V, Section
 2    11  of  the  Constitution  and  the  Executive Reorganization
 3    Implementation Act.  The printer's copy  shall  be  furnished
 4    and  delivered to the Secretary of State by the Enrolling and
 5    Engrossing Department of the  2  Houses.    At  the  time  an
 6    enrolled  law  is  filed with the Secretary of State, whether
 7    before or after the conclusion of the session in which it was
 8    passed, it shall be assigned a Public Act number,  the  first
 9    part  of  which  shall  be the number of the General Assembly
10    followed by a dash and then a number  showing  the  order  in
11    which  that  law  was  filed with the Secretary of State. The
12    title page of each volume of the session laws  shall  contain
13    the  following:   "Printed  by  the  authority of the General
14    Assembly of the  State  of  Illinois".   The  laws  shall  be
15    arranged  by  the  Secretary  of  State  and  printed  in the
16    chronological order of Public Act numbers.   At  the  end  of
17    each  Act  the  dates  when the Act was passed by the General
18    Assembly and when the Act was approved by the Governor  shall
19    be  stated.  Any Act becoming law without the approval of the
20    Governor shall be marked at its end in the  session  laws  by
21    the printed certificate of the Secretary of State.  Executive
22    orders  taking  effect  under  Article  V,  Section 11 of the
23    Constitution and the Executive Reorganization  Implementation
24    Act  shall  be  printed  in  chronological order of executive
25    order number and shall state at the  end  of  each  executive
26    order the date it was transmitted to the General Assembly and
27    the  date  it takes effect. In the case of an amendatory Act,
28    the changes made by the amendatory Act shall be indicated  in
29    the session laws in the following manner:  (i) all new matter
30    shall  be  printed in italics; and (ii) all matter deleted by
31    the amendatory Act shall be shown crossed with  a  line.  The
32    Secretary  of  State  shall  prepare  and  furnish a table of
33    contents and an index to each volume of the session laws.
34        (g)  Distribution.  The bound volumes of the session laws
HB2325 Engrossed            -33-              LRB9006923JMmbD
 1    of the General  Assembly  shall  be  made  available  to  the
 2    following:
 3             (1)  one  copy of each to each State officer, board,
 4        commission, institution, and department requesting a copy
 5        in accordance with a canvass conducted by  the  Secretary
 6        of  State  before the printing of the session laws except
 7        judges of the appellate courts and judges  and  associate
 8        judges of the circuit courts;
 9             (2)  10  copies  to  the  law library of the Supreme
10        Court;  one  copy  each  to  the  law  libraries  of  the
11        appellate courts; and one copy to each of the county  law
12        libraries  or,  in  those  counties  without  county  law
13        libraries, one copy to the clerk of the circuit court;
14             (3)  one copy of each to each county clerk;
15             (4)  10  copies  of  each  to  the  library  of  the
16        University of Illinois;
17             (5)  3  copies  of  each  to  the  libraries  of the
18        University of  Illinois  at  Chicago,  Southern  Illinois
19        University at Carbondale, Southern Illinois University at
20        Edwardsville,   Northern   Illinois  University,  Western
21        Illinois   University,   Eastern   Illinois   University,
22        Illinois  State  University,  Chicago  State  University,
23        Northeastern Illinois University, Chicago Kent College of
24        Law, DePaul University, John Marshall Law School,  Loyola
25        University,     Northwestern     University,    Roosevelt
26        University, and the University of Chicago;
27             (6)  a number  of  copies  sufficient  for  exchange
28        purposes  to  the  Legislative  Reference  Bureau and the
29        University of Illinois College of Law Library;
30             (7)  a  number  of  copies  sufficient  for   public
31        libraries in the State and the State Library; and
32             (8)  the    remainder    shall   be   retained   for
33        distribution as the interests of the State may require to
34        persons making application in writing or  in  person  for
HB2325 Engrossed            -34-              LRB9006923JMmbD
 1        the publication.
 2        (h)  Messages   and  reports.   The  following  shall  be
 3    printed in a quantity not to exceed  the  maximum  stated  in
 4    this subsection and bound and distributed at public expense:
 5             (1)  messages   to   the  General  Assembly  by  the
 6        Governor, 10,000 copies;
 7             (2)  the biennial report of the Lieutenant Governor,
 8        1,000 copies;
 9             (3)  the biennial report of the Secretary of  State,
10        3,000 copies;
11             (4)  the  biennial  report of the State Comptroller,
12        5,000 copies;
13             (5)  the biennial report  of  the  State  Treasurer,
14        3,000 copies;
15             (6)  the   annual  report  of  the  State  Board  of
16        Education, 6,000 copies; and
17             (7)  the biennial report and annual opinions of  the
18        Attorney General, 5,000 copies.
19        The   reports   of  all  other  State  officers,  boards,
20    commissions, institutions, and departments shall be  printed,
21    bound,  and  distributed  at  public  expense  in a number of
22    copies determined from previous experience not to exceed  the
23    probable  and  reasonable demands of the State therefor.  Any
24    other report required by law  to  be  made  to  the  Governor
25    shall,  upon  his  or  her  order, be printed in the quantity
26    ordered by the Governor,  bound  and  distributed  at  public
27    expense.
28        (i)  Prohibition.   All  books, pamphlets, documents, and
29    reports published through or by the State of Illinois or  any
30    State agency, board, or commission shall have printed thereon
31    "Printed  by authority of the State of Illinois", the date of
32    each publication, the  number  of  copies  printed,  and  the
33    printing   order   number.    Each   using  agency  shall  be
34    responsible  for  ascertaining  the  compliance  of  printing
HB2325 Engrossed            -35-              LRB9006923JMmbD
 1    materials procured by or for it  with  this  subsection.   No
 2    printing  or  reproduction  contract  shall  be  let  and  no
 3    printing  or  reproduction  shall  be  accomplished when that
 4    wording does not appear on the  material  to  be  printed  or
 5    reproduced.   No  publication  may  have written, stamped, or
 6    printed on it, or attached to it,  "Compliments  of  ........
 7    (naming a person)" or any words of similar import.
 8        Section  25-65.   Federal  requirements.   A State agency
 9    receiving federal funds shall have  authority  to  adapt  its
10    procedures,   rules,   project  statements,  drawings,  maps,
11    surveys, plans, specifications,  contract  terms,  estimates,
12    bid  forms,  bond  forms,  and  other  documents or practices
13    necessary to  comply  with  the  regulations,  policies,  and
14    procedures  of  the  designated  authority, administration or
15    department of the United States in order to  remain  eligible
16    for such federal funds; provided that procurement by any such
17    State  agency using non-federal funds shall be subject to the
18    provisions of this Code.
19        Section    25-70.     Foreign    country    procurements.
20    Procurements to meet the needs of State  offices  located  in
21    foreign  countries  shall  comply with the provisions of this
22    Code to the extent practical.
23        Section 25-75.  Donations.  Nothing in this  Code  or  in
24    the  rules  promulgated  hereunder  shall  prevent  any State
25    agency from complying with the terms and  conditions  of  any
26    grant,  gift, or bequest which calls for the procurement of a
27    particular  good  or  service,  or  use   of   a   particular
28    contractor,  provided  the  grant,  gift, or bequest provides
29    complete funding for the contract.
30                             ARTICLE 30
HB2325 Engrossed            -36-              LRB9006923JMmbD
 1                   CONSTRUCTION AND CONSTRUCTION-
 2                    RELATED PROFESSIONAL SERVICES
 3        Section   30-5.    Applicability.     Construction    and
 4    construction-related  professional services shall be procured
 5    in accordance with this Article.
 6        Section 30-10.  Authority.  Construction  agencies  shall
 7    have    the    authority    to   procure   construction   and
 8    construction-related professional services.
 9        Section 30-15.  Method of source selection.
10        (a)  Competitive  sealed  bidding.   Except  as  provided
11    otherwise  by  this  Code  or  by  other   law,   all   State
12    construction contracts shall be awarded by competitive sealed
13    bidding in accordance with Section 20-10.
14        (b)  Construction-related   professional  services.   All
15    construction-related professional services contracts shall be
16    awarded  in   accordance   with   the   provisions   of   the
17    Architectural, Engineering, and Land Surveying Qualifications
18    Based   Selection   Act   and   Article   35  of  this  Code.
19    "Professional services" means those services within the scope
20    of the practice of  architecture,  professional  engineering,
21    structural  engineering,  or  registered  land  surveying, as
22    defined by the laws of this State.
23        (c)  Correctional     facilities.      Remodeling     and
24    rehabilitation  projects  at  correctional  facilities  under
25    $5,000 are exempt from the provisions of this Code only  when
26    the  Department  of  Corrections  uses  inmate  labor for the
27    remodeling or rehabilitation.
28        Section  30-20.   Prequalification.   The   Board   shall
29    promulgate rules for the development of prequalified supplier
30    lists  for construction and construction-related professional
HB2325 Engrossed            -37-              LRB9006923JMmbD
 1    services  and  the  periodic   updating   of   those   lists.
 2    Construction  and  construction-related professional services
 3    contracts over  $25,000  may  be  awarded  to  any  qualified
 4    suppliers pursuant to the provisions of this Code.
 5        Section  30-25.   Retention  of  a percentage of contract
 6    price.  Whenever any contract entered into by a  construction
 7    agency   for   the   repair,   remodeling,   renovation,   or
 8    construction of a building or structure, for the construction
 9    or  maintenance  of  a highway, as those terms are defined in
10    Article  2  of  the  Illinois  Highway  Code,  or   for   the
11    reclamation  of abandoned lands as those terms are defined in
12    Article I of the Abandoned Mined Lands and Water  Reclamation
13    Act  provides  for  the  retention  of  a  percentage  of the
14    contract price until final completion and acceptance  of  the
15    work,  upon  the  request  of  the  contractor  and  with the
16    approval of the construction agency the  amount  so  retained
17    may  be  deposited  under  a trust agreement with an Illinois
18    bank of the contractor's choice and subject to  the  approval
19    of the construction agency.  The contractor shall receive any
20    interest  on  the  deposited amount.  Upon application by the
21    contractor, the trust agreement must contain, at  a  minimum,
22    the following provisions:
23             (1)  the  amount  to  be  deposited  subject  to the
24        trust;
25             (2)  the terms and conditions of payment in case  of
26        default by the contractor;
27             (3)  the  termination  of  the  trust agreement upon
28        completion of the contract; and
29             (4)  the  contractor  shall   be   responsible   for
30        obtaining the written consent of the bank trustee and for
31        any costs or service fees.
32        The  trust  agreement  may,  at  the  discretion  of  the
33    construction  agency  and  upon  request  of  the contractor,
HB2325 Engrossed            -38-              LRB9006923JMmbD
 1    become effective at the time of the first partial payment  in
 2    accordance with existing statutes and rules of the Board.
 3        Section  30-30.   Contracts  in  excess  of $250,000. For
 4    construction  contracts  in  excess  of  $250,000,   separate
 5    specifications  shall  be  prepared for all equipment, labor,
 6    and materials in connection with the following 5 subdivisions
 7    of the work to be performed:
 8             (1)  plumbing;
 9             (2)  heating, piping, refrigeration,  and  automatic
10        temperature  control  systems,  including the testing and
11        balancing of those systems;
12             (3)  ventilating  and   distribution   systems   for
13        conditioned  air,  including the testing and balancing of
14        those systems;
15             (4)  electric wiring; and
16             (5)  general contract work.
17        The specifications must be so drawn as to permit separate
18    and independent bidding upon each of the  5  subdivisions  of
19    work.  All contracts awarded for any part thereof shall award
20    the  5  subdivisions  of  work  separately to responsible and
21    reliable persons, firms, or  corporations  engaged  in  these
22    classes  of  work.   The  contracts, at the discretion of the
23    construction agency, may be assigned to the successful bidder
24    on the general contract work or to the successful  bidder  on
25    the subdivision of work designated by the construction agency
26    before the bidding as the prime subdivision of work, provided
27    that  all  payments  will be made directly to the contractors
28    for the 5 subdivisions  of  work  upon  compliance  with  the
29    conditions of the contract.  A contract may be let for one or
30    more  buildings  in  any project to the same contractor.  The
31    specifications  shall  require,  however,  that  unless   the
32    buildings  are identical, a separate price shall be submitted
33    for each building.  The contract may be awarded to the lowest
HB2325 Engrossed            -39-              LRB9006923JMmbD
 1    responsible bidder for each or all of the buildings  included
 2    in the specifications.
 3        Section 30-35.  Expenditure in excess of contract price.
 4        (a)  Germaneness.   No  funds  in  excess of the contract
 5    price may be obligated or expended unless the additional work
 6    to be performed or materials to be furnished  is  germane  to
 7    the  original  contract.   Even  if  germane  to the original
 8    contract, no additional expenditures or obligations  may,  in
 9    their total combined amounts, be in excess of the percentages
10    of  the  original contract amount set forth in subsection (b)
11    unless they have received the prior written approval  of  the
12    construction  agency.   In  the  event  that the total of the
13    combined additional expenditures or obligations  exceeds  the
14    percentages  of  the  original  contract  amount set forth in
15    subsection (b), the construction agency shall investigate all
16    the additional expenditures or obligations in excess  of  the
17    original  contract  amount  and  shall  in writing approve or
18    disapprove subsequent expenditures or obligations  and  state
19    in detail the reasons for the approval or disapproval.
20        (b)  Written  determination  required.  When the contract
21    amount is no more than $75,000, the percentage  shall  be  9%
22    (maximum  $6,750).   When  the  contract  amount  is  between
23    $75,001  and  $200,000,  the  percentage  shall  be 7% of the
24    amount above $75,000 plus $6,750, but not  to  exceed  7%  of
25    $200,000  (maximum  $14,000).   When  the  contract amount is
26    between $200,001 and $500,000, the percentage shall be 5%  of
27    the  amount above $200,000 plus $14,000, but not to exceed 5%
28    of $500,000 (maximum $25,000).  When the contract  amount  is
29    in  excess  of  $500,000,  the  percentage shall be 3% of the
30    amount above $500,000 plus $25,000.
31        Section 30-40.  Certification.  Any contract entered into
32    or  expenditure  of  funds  by  a  construction  agency   for
HB2325 Engrossed            -40-              LRB9006923JMmbD
 1    remodeling,   renovation,   or   construction,  involving  an
 2    expenditure in excess of $5,000,  shall  be  subject  to  the
 3    supervision  of a licensed architect or engineer.  No payment
 4    shall be made for the remodeling, renovation, or construction
 5    unless the vouchers or invoice for the work is accompanied by
 6    a written certificate of the licensed architect  or  engineer
 7    that  the  payment  represents work satisfactorily completed,
 8    labor, or materials incorporated in or stored at the site  of
 9    the  work; provided, periodic payments can be made during the
10    course of  the  work  upon  a  certificate  of  the  licensed
11    architect  or engineer indicating the proportionate amount of
12    the  total  work  completed  satisfactorily.   Architect   or
13    engineer  supervision  and  certification  shall not apply to
14    refurbishing,  repair,  or  maintenance  projects  that   are
15    determined   by  the  Illinois  Capital  Development  Board's
16    Executive Director or its designated technical staff  as  not
17    being the practice of architecture as defined in Section 3 of
18    the  Illinois  Architecture  Practice  Act  of  1989, nor the
19    practice of professional engineering as defined in Section  3
20    of the Professional Engineering Practice Act of 1989, nor the
21    practice of structural engineering as defined in Section 5 of
22    the Structural Engineering Licensing Act of 1989.
23        Section  30-45.   Other Acts.  This Article is subject to
24    applicable provisions of the following Acts:
25             (1)  the Prevailing Wage Act;
26             (2)  the Public Construction Bond Act;
27             (3)  the Public Works Employment Discrimination Act;
28             (4)  the Public Works Preference Act;
29             (5)  the Employment of Illinois  Workers  on  Public
30        Works Act;
31             (6)  the Public Contract Fraud Act; and
32             (7)  the Illinois Construction Evaluation Act.
HB2325 Engrossed            -41-              LRB9006923JMmbD
 1                             ARTICLE 35
 2                  PROFESSIONAL OR ARTISTIC SERVICES
 3        Section   35-5.    Applicability.    All   contracts  for
 4    professional  or  artistic  services  shall  be  procured  in
 5    accordance with the provisions of this Article.
 6        Section 35-10.  Authority.  Each State agency shall  have
 7    the  authority  to  procure  its own professional or artistic
 8    services.
 9        Section 35-15.  Method of source  selection.  Competitive
10    selection  procedures.   Except as provided otherwise by this
11    Code or by other law, all State contracts for professional or
12    artistic services of more than $5,000 but less  than  $50,000
13    shall  be  awarded  by  a  competitive  request  for proposal
14    process in accordance with this Section  and  Section  20-35.
15    Except  as  provided  otherwise by this Code or by other law,
16    all State contracts for professional or artistic services  of
17    $50,000  or  more  shall  be  awarded  by  competitive sealed
18    bidding in accordance with Section  20-10.  Nothing  in  this
19    Section  shall  prohibit  a  contract of more than $5,000 but
20    less than $50,000 from being awarded  by  competitive  sealed
21    bidding in accordance with Section 20-10.
22        Section 35-20.  Uniformity in procurement.
23        (a)  The  Board  shall  develop, cause to be printed, and
24    distribute uniform documents for  the  solicitation,  review,
25    and acceptance of all professional and artistic services.
26        (b)  All  State  purchasing  officers and their designees
27    shall use the uniform procedures and forms specified in  this
28    Code for all professional and artistic services.
29        (c)  These  forms shall include in detail, in writing, at
30    least:
HB2325 Engrossed            -42-              LRB9006923JMmbD
 1             (1)  a description of the goal to be achieved;
 2             (2)  the services to be performed;
 3             (3)  the need for the service;
 4             (4)  the qualifications that are necessary; and
 5             (5)  a plan for post-performance review.
 6        Section 35-25. Uniformity in contract.
 7        (a)  The Board shall develop, cause to  be  printed,  and
 8    distribute   uniform   documents   for   the  contracting  of
 9    professional and artistic services.
10        (b)  All State purchasing officers  and  their  designees
11    shall  use  these  uniform contracts and forms in contracting
12    for all professional and artistic services.
13        (c)  These contracts and forms shall include  in  detail,
14    in writing, at least:
15             (1)  the  detail listed in subsection (c) of Section
16        35-20;
17             (2)  the duration of the contract, with  a  schedule
18        of delivery, when applicable;
19             (3)  the  method  for  charging  and  measuring cost
20        (hourly, per day, etc.);
21             (4)  the rate of remuneration; and
22             (5)  the maximum price.
23        Section 35-35.  Subcontractors.
24        (a)  Use specified.  Any  contract  for  professional  or
25    artistic  services  shall  state  whether  the  services of a
26    subcontractor will be used.  The contract shall  include  the
27    names and addresses of all subcontractors and the anticipated
28    amount of money that they will receive under the contract.
29        (b)  Amendment.    If   at  any  time  a  contractor  for
30    professional or artistic services that had  not  intended  to
31    use  the  services  of  a  subcontractor  decides  to  use  a
32    subcontractor, the contractor and the State agency shall file
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 1    an  amendment  to  the original contract with the Comptroller
 2    stating the names and addresses of all subcontractors and the
 3    anticipated amount of money that they will receive under  the
 4    original contract.
 5                             ARTICLE 40
 6            REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
 7        Section   40-5.   Applicability.   All  leases  for  real
 8    property  or  capital  improvements,  including  office   and
 9    storage  space,  buildings,  and  other  facilities for State
10    agencies, shall be procured in accordance with the provisions
11    of this Article.
12        Section 40-10.   Authority.   State  purchasing  officers
13    shall  have the authority to procure leases for real property
14    or capital improvements, except  as  that  authority  may  be
15    limited  by  the  Board  or delegated by the State purchasing
16    officer in accordance with Section 10-15.
17        Section 40-15.  Method of source selection.
18        (a)  Request for  information.   Except  as  provided  in
19    subsections  (b)  and  (c), all State contracts for leases of
20    real property or capital improvements shall be awarded  by  a
21    request  for  information  process in accordance with Section
22    40-20.
23        (b)  Other methods.  A request  for  information  process
24    need not be used in procuring any of the following leases:
25             (1)  Property of less than 10,000 square feet.
26             (2)  Rent of less than $100,000 per year.
27             (3)  Duration  of  less than one year that cannot be
28        renewed.
29             (4)  Specialized  space  available   at   only   one
30        location.
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 1        (c)  Leases  with  governmental units.  Leases with other
 2    governmental  units  may  be  negotiated  without  using  the
 3    request for information process when deemed by the  Board  to
 4    be in the best interest of the State.
 5        Section 40-20.  Request for information.
 6        (a)  Conditions  for  use.   Leases  shall be procured by
 7    request for  information  except  as  otherwise  provided  in
 8    Section 40-15.
 9        (b)  Form.  A request for information shall be issued and
10    shall include:
11             (1)  the type of property to be leased;
12             (2)  the proposed uses of the property;
13             (3)  the duration of the lease;
14             (4)  the preferred location of the property; and
15             (5)  a  general  description  of  the  configuration
16        desired.
17        (c)  Public  notice.   Public  notice  of the request for
18    information for the availability of real  property  to  lease
19    shall  be  published  in the Illinois Procurement Bulletin at
20    least 14 days before the date set forth in  the  request  for
21    receipt  of  responses and shall also be published in similar
22    manner in a newspaper of general circulation in the community
23    or communities where the using agency is seeking space.
24        (d)  Response.   The  request  for  information  response
25    shall consist of written information sufficient to show  that
26    the  respondent  can  meet  minimum criteria set forth in the
27    request.   State   purchasing   officers   may   enter   into
28    discussions  with  respondents  for the purpose of clarifying
29    State needs and the information supplied by the  respondents.
30    On  the basis of the information supplied and discussions, if
31    any,  a  State  purchasing  officer  shall  make  a   written
32    determination identifying the responses that meet the minimum
33    criteria   set   forth   in   the  request  for  information.
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 1    Negotiations  shall  be  entered  into  with  all   qualified
 2    respondents  for  the  purpose of securing a lease that is in
 3    the best interest of the State.   A  written  report  of  the
 4    negotiations  shall  be retained in the lease files and shall
 5    include the reasons for  the  final  selection.   All  leases
 6    shall  be reduced to writing and filed in accordance with the
 7    provisions of Section 20-80.
 8        (e)  Exceptions.  A request for information process  need
 9    not  be  used  and  the  procurement  may be negotiated when,
10    according to Board rules, the purchasing  officer  determines
11    that  negotiations  are  in the best interest of the State in
12    the following situations:
13             (1)  renewal or extension of leases;
14             (2)  temporary space as defined by rule; or
15             (3)  specialized  space  available   at   only   one
16        location and parking.
17        Section 40-25.  Length of leases.
18        (a)  Maximum  term.   Leases  shall  be for a term not to
19    exceed 10 years and shall include  a  termination  option  in
20    favor of the State after 5 years.
21        (b)  Renewal.   Leases  may include a renewal option.  An
22    option to renew may be exercised only when a State purchasing
23    officer determines in writing that renewal  is  in  the  best
24    interest of the State.
25        (c)  Subject  to  appropriation.  All leases shall recite
26    that they are subject to termination and cancellation in  any
27    year  for  which  the  General  Assembly  fails  to  make  an
28    appropriation to make payments under the terms of the lease.
29        Section  40-30.   Purchase option.  Initial leases of all
30    space in entire, free-standing  buildings  shall  include  an
31    option  to  purchase  exerciseable  by  the State, unless the
32    purchasing officer determines that inclusion of such purchase
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 1    option is not in the State's best  interest  and  makes  that
 2    determination  in  writing  along with the reasons for making
 3    that determination.    Leases  from  governmental  units  and
 4    not-for-profit  entities are exempt from requirements of this
 5    Section.
 6        Section 40-35.   Rent  without  occupancy.   Except  when
 7    deemed  by the Board to be in the best interest of the State,
 8    no State agency may incur rental obligations before occupying
 9    the space rented.
10        Section 40-40.  Local site preferences.  Upon the request
11    of the chief executive officer of a unit of local government,
12    leasing  preferences  may  be  given  to  sites  located   in
13    enterprise  zones,  tax increment districts, or redevelopment
14    districts.
15                             ARTICLE 42
16                             CONCESSIONS
17        Section 42-10.  Concessions and leases of State property.
18        (a)  Authority.  Concessions, including  the  assignment,
19    license,  sale,  or  transfer  of  interests  in or rights to
20    discoveries, inventions, patents, or copyrightable works, and
21    leases of State property, including easements, may be entered
22    into by the State agency with jurisdiction over the property,
23    whether tangible or intangible.
24        (b)  Awards.   All  concessions  and  leases   of   State
25    property  shall  be  reduced  to writing and shall be awarded
26    under the provisions of Article 20, except that the  contract
27    shall be awarded to the highest and best bidder or offeror.
28        Section   42-20.    Contract  duration  and  terms.   The
29    duration  and  terms  of  concessions  and  leases  of  State
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 1    property shall be in accordance with applicable law or rule.
 2                             ARTICLE 45
 3                             PREFERENCES
 4        Section  45-5.   Procurement  preferences.   To   promote
 5    business    and   employment   opportunities   in   Illinois,
 6    procurement  preferences  are  established   and   shall   be
 7    applicable to any procurement made under this Code.
 8        Section 45-10.  Resident bidders.
 9        (a)  Amount of preference.
10             (1)  A   resident  contractor  shall  be  allowed  a
11        preference as against a non-resident  contractor  in  the
12        event of a tie bid.
13             (2)  A   resident  contractor  shall  be  allowed  a
14        preference as against a non-resident contractor from  any
15        state  that gives or requires a preference to contractors
16        from that state.  The preference shall be  equal  to  the
17        preference   given  or  required  by  the  state  of  the
18        non-resident contractor.
19             (3)  If only non-resident contractors are competing,
20        the purchasing agency is within its right to specify that
21        Illinois labor and manufacturing locations be used  as  a
22        part  of  the  manufacturing process, if applicable. This
23        specification  may  be  negotiated   as   part   of   the
24        procurement process.
25        (b)  Residency.  A resident bidder is a person authorized
26    to  transact  business  in  this State and having a bona fide
27    establishment for  transacting  business  within  this  State
28    where  it  was actually transacting business on the date when
29    any  bid  for  a  public  contract  is  first  advertised  or
30    announced.  A resident bidder includes a foreign  corporation
31    duly authorized to transact business in this State that has a
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 1    bona  fide establishment for transacting business within this
 2    State where it was actually transacting business on the  date
 3    when  any  bid  for  a public contract is first advertised or
 4    announced.
 5        (c)  Federal funds.  This Section does not apply  to  any
 6    contract  for  any  project  as  to  which  federal funds are
 7    available for expenditure  when  its  provisions  may  be  in
 8    conflict with federal law or federal regulation.
 9        Section 45-15.  Soybean oil-based ink.
10        (a)  Contracts  requiring  the  procurement  of  printing
11    services  shall  specify  the  use  of  soybean oil-based ink
12    unless a State purchasing  officer  determines  that  another
13    type of ink is required to assure high quality and reasonable
14    pricing of the printed product.
15        (b)  All  other  printing  done by or for the State shall
16    use soybean oil-based ink unless the agency by  or  for  whom
17    the  printing  is done determines that another type of ink is
18    required to assure high quality and reasonable pricing of the
19    printed product.  Printing  done  by  or  for  the  State  in
20    soybean oil-based ink shall state, if practical, that soybean
21    oil-based ink was used.
22        Section   45-20.   Recycled  materials.   When  a  public
23    contract is to be awarded to the lowest  responsible  bidder,
24    an  otherwise  qualified bidder who will fulfill the contract
25    through the use of products made of recycled  materials  may,
26    on  a  pilot  basis  or  in accordance with a pilot study, be
27    given preference over other bidders unable to do so, provided
28    that the cost  included  in  the  bid  of  products  made  of
29    recycled materials is not more than 10% greater than the cost
30    of products not made of recycled materials.
31        Section  45-25.   Recyclable  paper.  All paper purchased
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 1    for use by State agencies must  be  recyclable  paper  unless
 2    recyclable  paper  cannot be used to meet the requirements of
 3    the State agencies.  State  agencies  shall  determine  their
 4    paper  requirements  to  allow  the  use  of recyclable paper
 5    whenever possible, including without limitation  using  plain
 6    paper rather than colored paper that is not recyclable.
 7        Section 45-30.  Correctional  industries. Notwithstanding
 8    any other provision to the  contrary,  the  Board  shall,  in
 9    consultation  with  the  Department of Corrections, determine
10    which articles, materials, industry  related  services,  food
11    stuffs,  and  supplies  that  are produced or manufactured by
12    persons  confined  in  institutions  and  facilities  of  the
13    Department  of  Corrections  shall  be  given  preference  by
14    purchasing agencies procuring those items.  The  Board  shall
15    develop  and  distribute to the various Procurement and Using
16    Agencies procedures for executing this Section.
17        Section 45-35.   Sheltered  workshops  for  the  severely
18    handicapped.
19        (a)  Qualification.    Supplies   and   services  may  be
20    procured without advertising or calling  for  bids  from  any
21    qualified  not-for-profit agency for the severely handicapped
22    that:
23             (1)  complies with Illinois laws  governing  private
24        not-for-profit organizations;
25             (2)  is  certified  as  a  sheltered workshop by the
26        Wage and Hour Division of the United States Department of
27        Labor; and
28             (3)  meets the Department  of  Human  Services  just
29        standards for rehabilitation facilities.
30        (b)  Participation.   To  participate, the not-for-profit
31    agency must have  indicated  an  interest  in  providing  the
32    supplies and services, must meet the specifications and needs
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 1    of the using agency, and must set a fair market price.
 2        (c)  Committee.  There is created within the jurisdiction
 3    of  the  Board  a  committee  to  facilitate  the purchase of
 4    products and services of persons so severely handicapped by a
 5    physical or mental disability  that  they  cannot  engage  in
 6    normal  competitive  employment.  The committee shall consist
 7    of the Director of Central Management Services, the  Director
 8    of   Human  Services,  and  2  representatives  from  private
 9    business and 2 public members all appointed by  the  Governor
10    who   are   knowledgeable   in  the  needs  and  concerns  of
11    rehabilitation facilities in Illinois.   The  public  members
12    shall  serve  2  year  terms, commencing upon appointment and
13    every  2  years  thereafter.    A  public   member   may   be
14    reappointed,  and  vacancies may be filled by appointment for
15    the completion of the term.  The members shall serve  without
16    compensation  but  shall be reimbursed for expenses at a rate
17    equal to that of State employees on a per diem basis  by  the
18    Board. All members shall be entitled to vote on issues before
19    the committee.
20        The committee shall have the following powers and duties:
21             (1)  To request from any State agency information as
22        to  product  specification  and  service  requirements in
23        order to carry out its purpose.
24             (2)  To meet quarterly or more often as necessary to
25        carry out its purposes.
26             (3)  To  request  a  quarterly  report   from   each
27        participating  qualified  not-for-profit  agency  for the
28        severely handicapped describing the volume of  sales  for
29        each product or service sold under this Section.
30             (4)  To  prepare  a  report for the Governor and the
31        Board annually.
32             (5)  To  prepare  a  publication  that   lists   all
33        supplies   and  services  currently  available  from  any
34        qualified  not-for-profit   agency   for   the   severely
HB2325 Engrossed            -51-              LRB9006923JMmbD
 1        handicapped.   This  list  and  any  revisions  shall  be
 2        distributed to all purchasing agencies.
 3             (6)  To encourage diversity in supplies and services
 4        provided  by  qualified  not-for-profit  agencies for the
 5        severely   handicapped   and    discourage    unnecessary
 6        duplication or competition among facilities.
 7             (7)  To   develop   guidelines  to  be  followed  by
 8        qualifying   agencies   for   participation   under   the
 9        provisions of this  Section.   The  guidelines  shall  be
10        developed  within  6  months  after the effective date of
11        this Code and made available on a nondiscriminatory basis
12        to all qualifying agencies.
13             (8)  To  review  all  bids   submitted   under   the
14        provisions  of  this  Section  and reject any bid for any
15        purchase that is determined to be substantially more than
16        the purchase would have cost had  it  been  competitively
17        bid.
18        (d)  Former   committee.   The  committee  created  under
19    subsection (c) shall  replace  the  committee  created  under
20    Section  7-2  of  the  Illinois  Purchasing  Act, which shall
21    continue to operate until the appointments  under  subsection
22    (c) are made.
23        Section  45-37. Purchases from qualified private business
24    with a supported employment work force. A  State  agency  may
25    buy  products  and  services,  without  advertising  or using
26    competitive procedures, from  a  qualified  private  business
27    that:
28             (1)  complies  with Illinois laws governing private,
29        for-profit enterprises;
30             (2)  employs individuals meeting the  definition  of
31        supported employee;
32             (3)  provides  necessary  supports  to its supported
33        employees to assist them in maintaining their employment;
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 1             (4)  provides  its  employees  with  an   integrated
 2        setting in which:
 3                  (A)  at  least  5%  and  not  more  than 20% of
 4             employees are supported employees  approved  by  the
 5             Department of Human Services;
 6                  (B)  most   interpersonal   interactions  of  a
 7             supported  employment  worker   that   are   in   or
 8             associated with the work place are with employees of
 9             that  work  place  who  are not supported employment
10             workers; and
11                  (C)  most (at least 50%) of the  work  expended
12             to  produce  the amount of the goods and services to
13             be sold  to  the  State  is  provided  by  supported
14             employees;
15             (5)  completes a Bidders Application form that is on
16        file  with the Department of Central Management Services;
17        and
18             (6)  meets the bid specifications or  the  needs  of
19        the purchasing agency at a fair market price.
20        Those  businesses  must  file  a  quarterly  report  with
21    Department   of   Central  Management  Services  listing  all
22    contracts with State agencies.
23        The State Use Committee is responsible  for  interpreting
24    the  provisions of this Section and for monitoring and making
25    decisions regarding contracts under this Section.
26        Section 45-40.  Gas mileage.
27        (a)  Specification.  Contracts for the purchase or  lease
28    of  new  passenger  automobiles,  other  than station wagons,
29    vans, four-wheel  drive  vehicles,  emergency  vehicles,  and
30    police  and fire vehicles, shall specify the procurement of a
31    model that, according  to  the  most  current  mileage  study
32    published  by  the  U.S. Environmental Protection Agency, can
33    achieve at least the minimum average fuel  economy  in  miles
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 1    per gallon imposed upon manufacturers of vehicles under Title
 2    V of The Motor Vehicle Information and Cost Savings Act.
 3        (b)  Exemptions.  The State purchasing officer may exempt
 4    procurements  from  the  requirement  of  subsection (a) when
 5    there is a demonstrated need, submitted in  writing,  for  an
 6    automobile  that  does  not  meet  the  minimum  average fuel
 7    economy standards.  The  Board  shall  promulgate  rules  for
 8    determining need consistent with the intent of this Section.
 9        Section 45-45.  Small businesses.
10        (a)  Set-asides.  The Board has authority to designate as
11    small  business set-asides a fair proportion of construction,
12    supply, and service contracts for award to  small  businesses
13    in  Illinois.    Advertisements  for bids or offers for those
14    contracts  shall  specify  designation  as   small   business
15    set-asides.   In  awarding the contracts, only bids or offers
16    from qualified small businesses shall be considered.
17        (b)  Small business.  "Small business" means  a  business
18    that  is  independently  owned  and  operated and that is not
19    dominant  in  its  field  of  operation.   The  Board   shall
20    establish a detailed definition by rule, using in addition to
21    the  foregoing  criteria other criteria, including the number
22    of  employees  and  the  dollar  volume  of  business.   When
23    computing the size status  of  a  bidder,  annual  sales  and
24    receipts  of  the  bidder  and all of its affiliates shall be
25    included.  The maximum number of employees  and  the  maximum
26    dollar  volume that a small business may have under the rules
27    promulgated by the Board may vary from industry  to  industry
28    to  the extent necessary to reflect differing characteristics
29    of those industries, subject to the following limitations:
30             (1)  No wholesale business is a  small  business  if
31        its  annual  sales for its most recently completed fiscal
32        year exceed $7,500,000.
33             (2)  No retail business or business selling services
HB2325 Engrossed            -54-              LRB9006923JMmbD
 1        is a small business if  its  annual  sales  and  receipts
 2        exceed $1,500,000.
 3             (3)  No  manufacturing  business is a small business
 4        if it employs more than 250 persons.
 5             (4)  No construction business is a small business if
 6        its annual sales and receipts exceed $3,000,000.
 7        (c)  Fair proportion.  For the purpose of subsection (a),
 8    a fair proportion of construction contracts shall be no  less
 9    than  25% nor more than 40% of the annual total contracts for
10    construction.
11        (d)  Withdrawal  of  designation.    A   small   business
12    set-aside  designation  may  be  withdrawn  by the purchasing
13    agency when deemed in the best interests of the State.   Upon
14    withdrawal,  all  bids  or  offers shall be rejected, and the
15    bidders or offerors shall  be  notified  of  the  reason  for
16    rejection.   The contract shall then be awarded in accordance
17    with this Code without  the  designation  of  small  business
18    set-aside.
19        (e)  Small  business  assistance. The purchasing officers
20    shall assist small businesses by:
21             (1)  Compiling  and  maintaining   a   comprehensive
22        bidders  list  of  small businesses.  In this duty, he or
23        she shall  cooperate  with  the  Federal  Small  Business
24        Administration  in locating potential sources for various
25        products and services.
26             (2)  Assisting small businesses  in  complying  with
27        the procedures for bidding on State contracts.
28             (3)  Examining  requests from State agencies for the
29        purchase of property or services to help determine  which
30        invitations  to  bid  are to be designated small business
31        set-asides.
32             (4)  Making recommendations to  the  Board  for  the
33        simplification  of  specifications  and terms in order to
34        increase   the   opportunities   for    small    business
HB2325 Engrossed            -55-              LRB9006923JMmbD
 1        participation.
 2             (5)  Assisting   in   investigations  by  purchasing
 3        agencies to determine the responsibility  of  bidders  on
 4        small business set-asides.
 5        (f)  Small  business annual report.  The State purchasing
 6    officer designated under subsection (e) shall annually before
 7    December  1  report  in  writing  to  the  General   Assembly
 8    concerning  the  awarding  of  contracts to small businesses.
 9    The report shall include the total value of  awards  made  in
10    the  preceding  fiscal  year  under  the designation of small
11    business set-aside.
12        The requirement for reporting  to  the  General  Assembly
13    shall be satisfied by filing copies of the report as required
14    by Section 3.1 of the General Assembly Organization Act.
15        Section   45-50.   Illinois  agricultural  products.   In
16    awarding contracts requiring the procurement of  agricultural
17    products,  preference  may be given to an otherwise qualified
18    bidder or offeror who will fulfill the contract  through  the
19    use of agricultural products grown in Illinois.
20        Section   45-55.    Corn-based   plastics.   In  awarding
21    contracts requiring  the  procurement  of  plastic  products,
22    preference  may  be given to an otherwise qualified bidder or
23    offeror who will fulfill the  contract  through  the  use  of
24    plastic products made from Illinois corn by-products.
25        Section   45-60.    Vehicles   powered   by  agricultural
26    commodity-based fuel.  In awarding  contracts  requiring  the
27    procurement  of  vehicles,  preference  may  be  given  to an
28    otherwise qualified bidder or offeror who  will  fulfill  the
29    contract  through  the  use  of  vehicles  powered by ethanol
30    produced from Illinois corn or biodiesel fuels produced  from
31    Illinois soybeans.
HB2325 Engrossed            -56-              LRB9006923JMmbD
 1        Section  45-65.   Additional  preferences.   This Code is
 2    subject to applicable provisions of:
 3             (1)  the Public Purchases in Other States Act;
 4             (2)  the Illinois Mined Coal Act;
 5             (3)  the Steel Products Procurement Act;
 6             (4)  the Veterans Preference Act; and
 7             (5)  the   Business   Enterprise   for   Minorities,
 8        Females, and Disabled Persons Act.
 9                             ARTICLE 50
10              PROHIBITIONS, RESTRICTIONS, AND PENALTIES
11        Section 50-5.  Bribery.
12        (a)  Prohibition.  No person or business shall be awarded
13    a contract or subcontract under this Code who:
14             (1)  has been convicted under the laws  of  Illinois
15        or  any other state of bribery  or attempting to bribe an
16        officer or employee of the State of Illinois or any other
17        state in that officer's or employee's official  capacity;
18        or
19             (2)  has  made an admission of guilt of that conduct
20        that is a matter of record but has  not  been  prosecuted
21        for that conduct.
22        (b)  Businesses.    No  business  shall  be  barred  from
23    contracting with any unit of State or local government  as  a
24    result  of a conviction under this Section of any employee or
25    agent of the business if the employee or agent is  no  longer
26    employed by the business and:
27             (1)  the  business  has been finally adjudicated not
28        guilty; or
29             (2)  the business demonstrates to  the  governmental
30        entity  with  which it seeks to contract, and that entity
31        finds  that  the  commission  of  the  offense  was   not
32        authorized,  requested,  commanded,  or  performed  by  a
HB2325 Engrossed            -57-              LRB9006923JMmbD
 1        director,  officer, or high managerial agent on behalf of
 2        the business as provided in paragraph (2)  of  subsection
 3        (a) of Section 5-4 of the Criminal Code of 1961.
 4        (c)  Conduct on behalf of business.  For purposes of this
 5    Section,  when  an official, agent, or employee of a business
 6    committed the bribery or attempted bribery on behalf  of  the
 7    business   and   in   accordance   with   the   direction  or
 8    authorization of a responsible official of the business,  the
 9    business shall be chargeable with the conduct.
10        (d)  Certification.   Every bid submitted to and contract
11    executed by the State shall contain a  certification  by  the
12    contractor  that  the  contractor  is  not  barred from being
13    awarded a contract or  subcontract  under  this  Section.   A
14    contractor  who  makes  a  false  statement,  material to the
15    certification, commits a Class 3 felony.
16        Section 50-10.  Felons.  Unless  otherwise  provided,  no
17    person  or  business  convicted of a felony shall do business
18    with the State of Illinois or any State agency from the  date
19    of conviction until 10 years after the date  of completion of
20    the   sentence   for  that  felony,  unless  no  person  held
21    responsible by a prosecutorial  office  for  the  facts  upon
22    which   the  conviction  was  based  continues  to  have  any
23    involvement with the business.
24        Section 50-15.  Conflicts of interest.
25        (a)  Prohibition.  It is unlawful for any person  holding
26    an  elective  office  in  this  State,  holding a seat in the
27    General Assembly, or appointed to or employed in any  of  the
28    offices or agencies of State government, or who is an officer
29    or  employee of the Capital Development Board or the Illinois
30    Toll Highway Authority, or who is the spouse or  minor  child
31    of  any  such  person to have or acquire any contract, or any
32    direct pecuniary interest in any  contract  therein,  whether
HB2325 Engrossed            -58-              LRB9006923JMmbD
 1    for  stationery, printing, paper, or any services, materials,
 2    or supplies, that will be wholly or  partially  satisfied  by
 3    the  payment of funds appropriated by the General Assembly of
 4    the State of Illinois or  in  any  contract  of  the  Capital
 5    Development Board or the Illinois Toll Highway Authority.
 6        (b)  Interests.    It   is   unlawful   for   any   firm,
 7    partnership,  association, or corporation in which any person
 8    listed in subsection (a) is entitled to receive (i) more than
 9    7 1/2% of the total distributable income, or (ii)  an  amount
10    in  excess of the salary of the Governor, whichever is lower,
11    to have or acquire any  such  contract  or  direct  pecuniary
12    interest therein.
13        (c)  Combined  interests.   It  is unlawful for any firm,
14    partnership, association, or corporation in which any  person
15    listed  in  subsection (a) together with his or her spouse or
16    minor children is entitled to receive (i) more than  15%,  in
17    the  aggregate, of the total distributable income, or (ii) an
18    amount in excess of 2 times the Governor's salary,  whichever
19    is  lower,  to  have  or  acquire any such contract or direct
20    pecuniary interest therein.
21        (d)  Securities.  Nothing in this Section invalidates the
22    provisions of any bond or other security  previously  offered
23    or  to  be  offered  for  sale or sold by or for the State of
24    Illinois.
25        (e)  Prior interests.  This Section does not  affect  the
26    validity  of  any  contract  made  between  the  State and an
27    officer or employee of the State or  member  of  the  General
28    Assembly,  his  or her spouse, minor child or any combination
29    of those persons if that contract was in existence before his
30    or her election or  employment  as  an  officer,  member,  or
31    employee.   The  contract  is  void, however, if it cannot be
32    completed within 6  months  after  the  officer,  member,  or
33    employee takes office or is employed.
34        (f)  Exceptions.
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 1             (1)  Public  aid  payments.   This  Section does not
 2        apply to payments made for a public aid recipient.
 3             (2)  Teaching.  This Section does  not  apply  to  a
 4        contract  for  personal  services  as a teacher or school
 5        administrator between a member of the General Assembly or
 6        his or her spouse, or a State officer or employee or  his
 7        or  her spouse, and any school district, public community
 8        college district, or the State colleges and  universities
 9        and their governing boards.
10             (3)  Ministerial  duties.   This  Section  does  not
11        apply  to  a  contract  for personal services of a wholly
12        ministerial  character,  including  but  not  limited  to
13        services as a laborer, clerk, typist, stenographer, page,
14        bookkeeper,  receptionist,   or   telephone   switchboard
15        operator,  made by a spouse or minor child of an elective
16        or appointive State officer or employee or of a member of
17        the General Assembly.
18             (4)  Child and family services.  This  Section  does
19        not  apply  to  payments  made to a member of the General
20        Assembly, a State officer or employee, his or her  spouse
21        or  minor  child  acting  as  a foster parent, homemaker,
22        advocate, or volunteer for or in behalf  of  a  child  or
23        family  served  by  the Department of Children and Family
24        Services.
25        (g)  Penalty.  Any person convicted  of  a  violation  of
26    this  Section  is  guilty  of a business offense and shall be
27    fined not less than $1,000 nor more than $5,000.
28        Section 50-20.  Negotiations.
29        (a)  Prohibition.   Except as provided in Section  50-25,
30    it  is  unlawful for any person employed in or on a continual
31    contractual relationship with any of the offices or  agencies
32    of  State  government to participate in contract negotiations
33    on  behalf  of  that  office  or  agency   with   any   firm,
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 1    partnership,  association,  or  corporation  with  whom  that
 2    person has a contract for future employment or is negotiating
 3    concerning possible future employment.
 4        (b)  Penalty.   Any  person  violating  this  Section  is
 5    guilty of a business offense and shall be fined not less than
 6    $1,000 and not more than $5,000.
 7        Section  50-25.   Exemptions.  The Board may exempt named
 8    individuals or business  from  the  prohibitions  of  Section
 9    50-5,  50-10,  or 50-15 when, in the discretion of the Board,
10    it is determined that  the  public  interest  in  having  the
11    individual  in  the service of the State outweighs the public
12    policy  evidenced  in  those  Sections.    An  exemption   is
13    effective  only  when it is filed with the Secretary of State
14    and the Comptroller and includes a  statement  setting  forth
15    the  name  of the individual and all the pertinent facts that
16    would make that Section applicable, setting forth the  reason
17    for the exemption, and declaring the individual exempted from
18    that Section.  Notice of each exemption shall be published in
19    the Illinois Procurement Bulletin.
20        Section  50-30.   Inducement.   Any  person who offers or
21    pays any money or other  valuable  thing  to  any  person  to
22    induce  him  or  her  not  to  bid for a State contract or as
23    recompense for not having bid on a State contract  is  guilty
24    of  a  Class  4  felony.  Any person who accepts any money or
25    other valuable thing for not bidding for a State contract  or
26    who  withholds  a bid in consideration of the promise for the
27    payment of money or other valuable thing is guilty of a Class
28    4 felony.
29        Section  50-35.   Revolving  door   prohibition.    State
30    employees  whose  duties with the State were directly related
31    to procurement may not, for a period  of  2  years  following
HB2325 Engrossed            -61-              LRB9006923JMmbD
 1    separation  of  service  with  the  employing  agency, have a
 2    contract with that agency, or engage in lobbying that  agency
 3    whether directly or as an employee or agent of another.
 4        Section 50-40.  Disclosures by contractors and bidders.
 5        (a)  All  offers from responsive bidders or offerors with
 6    an annual value of more than $5,000 shall be  accompanied  by
 7    disclosure  of  the  financial  interests  of the contractor,
 8    bidder,  or  proposer.   The  financial  disclosure  of  each
 9    successful  bidder  or  offeror  shall  become  part  of  the
10    publicly available contract or procurement file.  The  nature
11    and  extent  of the disclosure required by this Section shall
12    be established in rules formulated by the Board.
13        (b)  The disclosure in subsection (a) is not intended  to
14    prohibit or prevent any contract.  The disclosure is meant to
15    fully and publicly disclose any potential conflict.
16        Section   50-45.   Disclosures  by  State  employees  and
17    officers.
18        (a)  Contract negotiations.  Any person participating  in
19    the  making  of a contract, or who enters into a contract, on
20    behalf of an office or agency of State  government  with  the
21    knowledge  that  his or her spouse, child, parent, or sibling
22    is entitled to receive  (i)  more  than  7.5%  of  the  total
23    distributable  income  of the other contracting party or (ii)
24    an amount in excess of the salary of the Governor,  whichever
25    is  lower,  or  in  which  that  child,  parent,  or sibling,
26    together with  his  or  her  spouse  or  minor  children,  is
27    entitled  to  receive (i) more than 15%, in the aggregate, of
28    the total distributable income of the other contracting party
29    or (ii) an amount in excess of 2  times  the  salary  of  the
30    Governor,  whichever  is  lower,  shall  immediately  file  a
31    written  statement  setting out the facts of the transaction.
32    The statement shall be filed with the administrative head  of
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 1    the  office  or  agency  and  be  kept  available  for public
 2    inspection.  A copy of the statement shall  be  forwarded  by
 3    the  administrative  head to the Inspector General.  A person
 4    failing to file a statement or filing a  false  statement  is
 5    guilty of a business offense and shall be fined not less than
 6    $1,000  and  not  more  than  $5,000.   Any  such contract is
 7    contrary to public policy and may be voided at the option  of
 8    the  State  unless it is shown to be in the best interests of
 9    the State.  Moreover, if fraud or substantial  monetary  harm
10    to  the  State  results  from  the  nepotic  element  of  the
11    transaction,  the  government officer or employee involved in
12    the element is guilty of a Class A misdemeanor.
13        (b)  Other positions and contracts.  Each State  employee
14    is  responsible  for  annually  notifying  his  or  her State
15    employer  of  contracts  held  by  the  employee  or  by  the
16    employee's spouse and minor children  and  of  other  payroll
17    positions  held  by  the  employee.  The State employee shall
18    notify  his  or  her  employer  of  any   changes   in   this
19    notification at the time the changes occur.
20        Section  50-50.  Identical bids.  Every State agency that
21    obtains 2 or more identical bids under this Code shall inform
22    the Inspector General and the Attorney General in writing  of
23    those  facts within 30 days after the disposition of all bids
24    received in response for bids, whether by the awarding of the
25    contract  or  other  action.   The  Attorney  General   shall
26    prescribe the form and manner of notification.
27        Section  50-55.   Reporting of anticompetitive practices.
28    When  for  any  reason  collusion  or  other  anticompetitive
29    practices are suspected among  any  bidders  or  offerors,  a
30    notice  of  the  relevant  facts  shall be transmitted to the
31    Inspector General and the Attorney General.
HB2325 Engrossed            -63-              LRB9006923JMmbD
 1        Section 50-58.  Confidentiality.  The  Inspector  General
 2    or  any  State  purchasing  officer,  designee,  or executive
 3    officer  who  willfully   uses   or   allows   the   use   of
 4    specifications,   competitive   bid   documents,  proprietary
 5    competitive information, proposals, contracts,  or  selection
 6    information  to  compromise  the fairness or integrity of the
 7    procurement, bidding, or contract process shall be subject to
 8    discipline  up  to   and   including   immediate   dismissal,
 9    regardless  of  the  Personnel  Code,  and may in addition be
10    subject to criminal prosecution.
11        Section 50-60.  Insider information.  It is unlawful  for
12    any  current or former elected or appointed State official or
13    State employee  to  knowingly  use  confidential  information
14    available  only  by  virtue  of that office or employment for
15    actual or anticipated personal gain  or  for  the  actual  or
16    anticipated personal gain of another person.
17        Section  50-65.   Supply  inventory.   Every State agency
18    shall inventory or stock no more  than  a  12-month  need  of
19    equipment,  supplies, commodities, articles, and other items,
20    except  as  otherwise  authorized  by  the   State   agency's
21    regulations.   Every  State  agency shall periodically review
22    its inventory to ensure compliance with  this  Section.   If,
23    upon review, an agency determines it has more than a 12-month
24    supply  of  any  equipment,  supplies,  commodities, or other
25    items,  the  agency  shall   undertake   transfers   of   the
26    oversupplied  items  or  other  action  necessary to maintain
27    compliance with this Section.  This Section shall  not  apply
28    to  lifesaving medications, mechanical spare parts, and items
29    for which the supplier requires a minimum order stipulation.
30        Section 50-75.  Suspension and debarment.  Any contractor
31    may be suspended for violation of this Code or for failure to
HB2325 Engrossed            -64-              LRB9006923JMmbD
 1    conform to specifications or terms of delivery.    Suspension
 2    shall  be for cause and may be for a period of up to 10 years
 3    at  the  discretion  of  the  applicable  State   procurement
 4    officer.    Contractors  may  be  debarred in accordance with
 5    rules promulgated by the Board or as  otherwise  provided  by
 6    law.
 7        Section  50-80.   Additional  provisions.   This  Code is
 8    subject to applicable provisions of the following Acts:
 9             (1)  Article 33E of the Criminal Code of 1961;
10             (2)  the Illinois Human Rights Act;
11             (3)  the Discriminatory Club Act;
12             (4)  the Illinois Governmental Ethics Act;
13             (5)  the State Prompt Payment Act;
14             (6)  the Public Officer Prohibited  Activities  Act;
15        and
16             (7)  the Drug Free Workplace Act.
17        Section 50-85.  Other violations.
18        (a)  The   Inspector  General  or  any  State  purchasing
19    officer or designee who  willfully  violates  or  allows  the
20    violation  of  this Code shall be subject to discipline up to
21    and  including  immediate  dismissal,   regardless   of   the
22    Personnel Code.
23        (b)  Except  as  otherwise provided in this Code, whoever
24    violates this Code or  the  rules  promulgated  under  it  is
25    guilty of a Class A misdemeanor.
26                             ARTICLE 90
27                      MISCELLANEOUS PROVISIONS
28        Section  90-5.  References to repealed provisions.  After
29    the effective  date  of  this  Act,  all  references  to  the
30    provisions  of  law  repealed by this Act shall be construed,
HB2325 Engrossed            -65-              LRB9006923JMmbD
 1    where  necessary  and  appropriate,  as  references  to   the
 2    Illinois Procurement Code.
 3        Section  90-10.   Severability.  If any provision of this
 4    Code or any application of it to any person  or  circumstance
 5    is  held  invalid,  that  invalidity  shall  not affect other
 6    provisions or applications of this Code  that  can  be  given
 7    effect  without  the invalid provision or application, and to
 8    this end the provisions of  this  Code  are  declared  to  be
 9    severable.
10        Section  90-20.   Voidable contracts.  If any contract is
11    entered  into  or purchase or expenditure of funds is made in
12    violation of this Code or any other law, the contract may  be
13    declared   void   by   the  purchasing  officer,  or  may  be
14    terminated, ratified and affirmed, provided it is  determined
15    that  ratification is in the best interests of the State.  If
16    the contract is ratified and affirmed, it  shall  be  without
17    prejudice to the State's rights to any appropriate damages.
18                             ARTICLE 95
19                 AMENDATORY AND REPEALING PROVISIONS
20        Section  95-5.   The Governmental Joint Purchasing Act is
21    amended by changing Section 3 as follows:
22        (30 ILCS 525/3) (from Ch. 85, par. 1603)
23        Sec. 3.  Any agreement of the  governmental  units  which
24    desire to make joint purchases, one of the governmental units
25    shall  conduct  the  letting  of  bids.  Where  the  State of
26    Illinois is a party to  the  joint  purchase  agreement,  the
27    Department  of  Central Management Services shall conduct the
28    letting of bids. Expenses of such bid-letting may  be  shared
29    by  the participating governmental units in proportion to the
HB2325 Engrossed            -66-              LRB9006923JMmbD
 1    amount of personal property, supplies or services  each  unit
 2    purchases.
 3        When  the  State  of  Illinois  is  a  party to the joint
 4    purchase agreement,  the  acceptance  of  bids  shall  be  in
 5    accordance  with  the  Illinois  Procurement  Code  and rules
 6    promulgated under that Code.  When the State of  Illinois  is
 7    not  a  party to the joint purchase agreement, the acceptance
 8    of bids shall be governed by the agreement.
 9        The personal  property,  supplies  or  services  involved
10    shall   be   distributed   or   rendered   directly  to  each
11    governmental unit taking part in  the  purchase.  The  person
12    selling  the personal property, supplies or services may bill
13    each governmental unit separately for its proportionate share
14    of the cost of the personal property,  supplies  or  services
15    purchased.
16        The  credit  or liability of each governmental unit shall
17    remain separate and distinct. Disputes  between  bidders  and
18    governmental  units  shall  be resolved between the immediate
19    parties.
20    (Source: P.A. 87-860.)
21        (15 ILCS 405/11 rep.)
22        (15 ILCS 405/15 rep.)
23        Section 95-10.  The State Comptroller Act is  amended  by
24    repealing Sections 11 and 15.
25        (20 ILCS 5/29 rep.)
26        (20 ILCS 5/30 rep.)
27        (20 ILCS 405/35.7b rep.)
28        (20 ILCS 405/67.01 rep.)
29        (20 ILCS 405/67.04 rep.)
30        Section 95-15.  The Civil Administrative Code of Illinois
31    is  amended  by  repealing Sections 29, 30, 35.7b, 67.01, and
32    67.04.
HB2325 Engrossed            -67-              LRB9006923JMmbD
 1        Section 95-16.  The Civil Administrative Code of Illinois
 2    is amended by changing Section 67.02 as follows:
 3        (20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
 4        Sec. 67.02.  (a) To lease or purchase office and  storage
 5    space,  buildings,  land  and  other facilities for all State
 6    agencies,  authorities,  boards,  commissions,   departments,
 7    institutions,  bodies  politic  and  all other administrative
 8    units  or  outgrowths  of  the  executive  branch  of   State
 9    government  except  the  Constitutional  officers,  the State
10    Board of Education and the State  colleges  and  universities
11    and  their  governing  bodies.  However,  before  leasing  or
12    purchasing  any  office  or storage space, buildings, land or
13    other facilities in any  municipality  the  Department  shall
14    survey  the existing State-owned and State-leased property to
15    make a determination of need.  Such leases  shall  be  for  a
16    term  not  to  exceed  5  years,  except that such leases may
17    contain a renewal clause subject to acceptance by  the  State
18    after  that  date  or  an option to purchase.  Such purchases
19    shall be made through contracts which  may  provide  for  the
20    title to the property to transfer immediately to the State or
21    a  trustee  or nominee for the benefit of the State and which
22    shall:  provide  for  the  consideration  to   be   paid   in
23    installments  to be made at stated intervals during a certain
24    term not to exceed 30 years from the date of the contract and
25    may provide for the payment of interest on the unpaid balance
26    at a rate that does not exceed a rate determined by adding  3
27    percentage  points  to  the  annual  yield  on  United States
28    Treasury obligations of comparable maturity as most  recently
29    published  in  the  Wall  Street  Journal  at  the  time such
30    contract is signed. Such leases and purchase contracts  shall
31    be  and shall recite that they are subject to termination and
32    cancellation in any year for which the General Assembly fails
33    to  make  an  appropriation  to  pay  the  rent  or  purchase
HB2325 Engrossed            -68-              LRB9006923JMmbD
 1    installments payable under the terms of the lease or purchase
 2    contract. Additionally such purchase contract  shall  specify
 3    that  title  to the office and storage space, buildings, land
 4    and other facilities being acquired  under  such  a  contract
 5    shall  revert  to  the  Seller in the event of the failure of
 6    the  General  Assembly   to   appropriate   suitable   funds.
 7    However,  this limitation on the term of such leases does not
 8    apply to leases to and with the Illinois Building  Authority,
 9    as  provided  for  in  the  Act enacted by the Seventy-second
10    General Assembly entitled the Building Authority  Act,  which
11    leases  to  and with said Authority may be entered into for a
12    term not to exceed 30 years and shall  be  and  shall  recite
13    that  they are subject to termination and cancellation in any
14    year  for  which  the  General  Assembly  fails  to  make  an
15    appropriation to pay the rent payable under the terms of such
16    lease.  These limitations do not apply  where  the  lease  or
17    purchase contract contains a provision limiting the liability
18    for the payment of the rentals or installments thereof solely
19    to funds received from the Federal government.
20        (b)  To  lease from an airport authority office, aircraft
21    hangar  and  service  buildings  constructed  upon  a  public
22    airport under the Airport Authorities Act  for  the  use  and
23    occupancy  of  the  State Department of Transportation, which
24    lease may be entered into for a term not to exceed 30 years.
25        (c)  To establish training programs  for  teaching  State
26    leasing  procedures  and  practices  to  new employees of the
27    Department and  to  keep  all  employees  of  the  Department
28    informed  about current leasing practices and developments in
29    the real estate industry.
30        (d)  To enter into an agreement with  a  municipality  or
31    county  to  construct, remodel or convert a structure for the
32    purposes of its serving  as  a  correctional  institution  or
33    facility  pursuant  to  paragraph (c) of Section 3-2-2 of the
34    Unified Code of Corrections.
HB2325 Engrossed            -69-              LRB9006923JMmbD
 1        (e)  To  enter  into  an   agreement   with   a   private
 2    individual,   trust,   partnership   or   corporation   or  a
 3    municipality  or  other  unit  of  local   government,   when
 4    authorized to do so by the Department of Corrections, whereby
 5    such   individual,   trust,  partnership  or  corporation  or
 6    municipality  or  other  unit  of   local   government   will
 7    construct, remodel or convert a structure for the purposes of
 8    its  serving  as  a  correctional institution or facility and
 9    then lease such structure to the Department for  the  use  of
10    the Department of Corrections.  A lease entered into pursuant
11    to  the  authority  granted in this subsection shall be for a
12    term not to exceed 30 years, but may grant to the  State  the
13    option to purchase the structure outright.
14        Such  leases  shall  be  and  shall  recite that they are
15    subject to termination and cancellation in any year for which
16    the General Assembly fails to make an  appropriation  to  pay
17    the rent payable under the terms of the lease.
18        (f)  On  and after September 17, 1983, the powers granted
19    to the Department  under  this  Section  shall  be  exercised
20    exclusively  by  the Department and no other State agency may
21    concurrently exercise any  such  power,  unless  specifically
22    authorized otherwise by a later enacted law.  This subsection
23    is  not  intended  to  impair  any  contract  existing  as of
24    September 17, 1983.
25        However, no lease for more than  10,000  square  feet  of
26    space  shall  be executed unless the Director in consultation
27    with the Executive Director of the Capital Development  Board
28    has  certified  that  leasing  is in the best interest of the
29    State, considering programmatic requirements, availability of
30    vacant State-owned space, the cost-benefits of purchasing  or
31    constructing  new  space  and  other  criteria  as  he  shall
32    determine.  The Director shall not permit multiple leases for
33    less than 10,000 square feet to be executed in order to evade
34    this provision.
HB2325 Engrossed            -70-              LRB9006923JMmbD
 1        (g)  To  develop  and  implement, in cooperation with the
 2    Interagency  Energy  Conservation  Committee,  a  system  for
 3    evaluating energy consumption in  facilities  leased  by  the
 4    Department,  and  to develop energy consumption standards for
 5    use in evaluating prospective lease sites.
 6        (h) (1)  After the effective date of this amendatory  Act
 7        of 1997, the Department shall not enter into an agreement
 8        for   the  installment  purchase  or  lease  purchase  of
 9        buildings, land, or facilities unless:
10                  (A)  the  using   agency   certifies   to   the
11             Department  that  the  agency reasonably expects the
12             building, land, or facilities being  considered  for
13             purchase will meet a permanent space need;
14                  (B)  the   building   or   facilities  will  be
15             substantially  occupied  by  State  agencies   after
16             purchase (or after acceptance in the case of a build
17             to suit);
18                  (C)  the building or facilities shall be in new
19             or  like new condition and have a remaining economic
20             life exceeding the term of the contract;
21                  (D)  no  structural  or  other  major  building
22             component or system shall have a remaining  economic
23             life of less than 10 years;
24                  (E)  the building, land or facilities:
25                       (i)  is    free    of   any   identifiable
26                  environmental hazard, or
27                       (ii)  is subject  to  a  management  plan,
28                  provided  by  the  seller and acceptable to the
29                  State,  to  address  the  known   environmental
30                  hazard;
31                  (F)  the  building, land, or facilities satisfy
32             applicable  handicap  accessibility  and  applicable
33             building codes; and
34                  (G)  the State's  cost  to  lease  purchase  or
HB2325 Engrossed            -71-              LRB9006923JMmbD
 1             installment   purchase   the   building,   land,  or
 2             facilities is less than the cost to lease  space  of
 3             comparable  quality,  size,  and  location  over the
 4             lease purchase or installment purchase term.
 5             (2)  The Department shall establish the  methodology
 6        for  comparing lease costs to the costs of installment or
 7        lease purchases. The  cost  comparison  shall  take  into
 8        account  all  relevant  cost  factors  including, but not
 9        limited  to,  debt  service,  operating  and  maintenance
10        costs, insurance  and  risk  costs,  real  estate  taxes,
11        reserves for replacement and repairs, security costs, and
12        utilities.  Such methodology shall also provide:
13                  (A)  that  the  comparison  will  be made using
14             level payment plans; and
15                  (B)  that a purchase price must not exceed  the
16             fair   market  value  of  the  buildings,  land,  or
17             facilities,   and   that   such   price   must    be
18             substantiated  by  an  appraisal or by a competitive
19             selection process in accordance  with  the  Illinois
20             Procurement Code.
21             (3)  If  the  Department  intends  to  enter into an
22        installment purchase  or  lease  purchase  agreement  for
23        buildings,  land,  or facilities under circumstances that
24        do not satisfy the conditions specified by this  Section,
25        it must issue a notice to the Secretary of the Senate and
26        the  Clerk  of  the House.  Such notice shall contain (i)
27        specific  details  of  the  State's  proposed   purchase,
28        including  the  amounts,  purposes,  and financing terms;
29        (ii) a specific description of how the proposed  purchase
30        varies from the procedures set forth in this Section; and
31        (iii)  a  specific justification, signed by the Director,
32        of why it is in the State's  best  interests  to  proceed
33        with  the purchase.  The Department may not proceed  with
34        such an installment purchase or lease purchase  agreement
HB2325 Engrossed            -72-              LRB9006923JMmbD
 1        if, within 60 calendar days after delivery of the notice,
 2        the  General  Assembly,  by joint resolution, disapproves
 3        the transaction.  Delivery may take place on a day and at
 4        an hour when the Senate and House are not in  session  so
 5        long  as  the  offices of Secretary and Clerk are open to
 6        receive the notice.  In determining  the  60  day  period
 7        within  which  the  General Assembly must act, the day on
 8        which delivery is made to the Senate and House shall  not
 9        be  counted.   If  delivery of the notice to the 2 houses
10        occurs on different days, the 60 day period  shall  begin
11        on the day following the later delivery.
12             (4)  On  or  before  February  15  of each year, the
13        Department shall submit an annual report to the  Director
14        of  the  Bureau  of  the  Budget and the General Assembly
15        regarding installment purchases  or  lease  purchases  of
16        buildings,  land,  or  facilities  that were entered into
17        during the preceding calendar  year.   The  report  shall
18        include  a  summary  statement of the aggregate amount of
19        the State's obligations under  such  purchases;  specific
20        details   pertaining   to  each  purchase,  the  amounts,
21        purposes, and financing terms and  payment  schedule  for
22        each  purchase;  and any other matter that the Department
23        deems advisable.
24             The  requirement  for  reporting  to   the   General
25        Assembly  shall  be  satisfied  by  filing  copies of the
26        report  with  the  Auditor  General,  the  Speaker,   the
27        Minority   Leader,   and   the  Clerk  of  the  House  of
28        Representatives and the President, the  Minority  Leader,
29        and  the  Secretary  of  the  Senate,  the  Chairs of the
30        Appropriations Committees, and the  Legislative  Research
31        Unit,  as required by Section 3.1 of the General Assembly
32        Organization Act, and filing such additional copies  with
33        the  State  Government Report Distribution Center for the
34        General Assembly as is required under  paragraph  (t)  of
HB2325 Engrossed            -73-              LRB9006923JMmbD
 1        Section 7 of the State Library Act.
 2             (5)  Installment   purchase   and   lease   purchase
 3        agreements  for  buildings, land, and facilities, whether
 4        entered into  under  this  Section  or  as  specified  in
 5        paragraph  (3)  of  this  subsection,  are subject to the
 6        Illinois Procurement Code.
 7    (Source: P.A. 90-520, eff. 6-1-98.)
 8        Section 95-17.  The Personnel Code is amended  by  adding
 9    Section 25 as follows:
10        (20 ILCS 415/25 new)
11        Sec.  25.   Illinois  Procurement  Code.   This  Code  is
12    subject to the provisions of the Illinois Procurement Code.
13        (20 ILCS 1015/13 rep.)
14        Section  95-20.   The  Public  Employment  Office  Act is
15    amended by repealing Section 13.
16        (30 ILCS 505/Act rep.)
17        Section 95-25.  The Illinois Purchasing Act is repealed.
18        (30 ILCS 510/Act rep.)
19        Section  95-30.   The  State  Paper  Purchasing  Act   is
20    repealed.
21        (30 ILCS 515/Act rep.)
22        Section  95-35.   The  State  Printing  Contracts  Act is
23    repealed.
24        (30 ILCS 563/Act rep.)
25        Section 95-37.  The Real Estate Leasing Act is repealed.
26        (30 ILCS 615/Act rep.)
HB2325 Engrossed            -74-              LRB9006923JMmbD
 1        Section  95-40.   The  State  Vehicle  Mileage   Act   is
 2    repealed.
 3        Section  95-45.   The  Toll  Highway  Act  is  amended by
 4    changing Sections 3, 8, 16, and 16.1 as follows:
 5        (605 ILCS 10/3) (from Ch. 121, par. 100-3)
 6        Sec. 3. There is hereby created an Authority to be  known
 7    as The Illinois State Toll Highway Authority, which is hereby
 8    constituted  an  instrumentality and an administrative agency
 9    of the State of Illinois. The said Authority shall consist of
10    11  directors;  the  Governor  and  the  Secretary   of   the
11    Department  of  Transportation,  ex  officio, and 9 directors
12    appointed by the Governor with the advice and consent of  the
13    Senate,  from  the  State  at large, which said directors and
14    their successors are  hereby  authorized  to  carry  out  the
15    provisions  of  this  Act,  and to exercise the powers herein
16    conferred. Of the 9 directors appointed by the  Governor,  no
17    more  than  5  shall  be members of the same political party.
18    Vacancies shall be filled for the unexpired term in the  same
19    manner as original appointments. All appointments shall be in
20    writing  and  filed  with  the Secretary of State as a public
21    record.  It  is  the  intention  of  this  section  that  the
22    Governor's appointments shall be made with due  consideration
23    to  the  location  of  proposed  toll  highway routes so that
24    maximum geographic representation from the  areas  served  by
25    said  toll  highway  routes  may  be  accomplished insofar as
26    practicable. The said  Authority  shall  have  the  power  to
27    contract  and  be  contracted  with,  in  accordance with the
28    Illinois  Procurement  Code  in  the  case   of   procurement
29    contracts,  to  acquire,  hold  and  convey personal and real
30    property or any interest therein  including  rights  of  way,
31    franchises  and easements; to have and use a common seal, and
32    to alter the same at will; to make and establish resolutions,
HB2325 Engrossed            -75-              LRB9006923JMmbD
 1    by-laws, rules, rates and regulations, and to alter or repeal
 2    the same as the Authority shall deem necessary and  expedient
 3    for  the  construction, operation, relocation, regulation and
 4    maintenance of a system of toll highways within  and  through
 5    the State of Illinois.
 6        Appointment  of  the additional directors provided for by
 7    this amendatory Act of 1980 shall  be  made  within  30  days
 8    after the effective date of this amendatory Act of 1980.
 9    (Source: P.A. 86-1164.)
10        (605 ILCS 10/8) (from Ch. 121, par. 100-8)
11        Sec. 8. The Authority shall have the power:
12        (a)  To  acquire,  own,  use,  hire,  lease,  operate and
13    dispose of personal property,  real  property,  any  interest
14    therein, including rights-of-way, franchises and easements.
15        (b)  To enter into all contracts and agreements necessary
16    or  incidental  to  the  performance of its powers under this
17    Act. All employment contracts let under this Act shall be  in
18    conformity  with  the applicable provisions of the Prevailing
19    Wage Act "An Act regulating wages of laborers, mechanics  and
20    other  workers  employed  under  contracts for public works,"
21    approved June 26, 1941, as amended.
22        (c)  To employ  and  discharge,  without  regard  to  the
23    requirements  of  any  civil  service  or personnel act, such
24    administrative,    engineering,    traffic,    architectural,
25    construction, and financial experts, and inspectors, and such
26    other employees, as are necessary in the Authority's judgment
27    to carry out the purposes of this Act; and to  establish  and
28    administer standards of classification of all of such persons
29    with  respect to their compensation, duties, performance, and
30    tenure; and to enter into contracts of employment  with  such
31    persons  for  such periods and on such terms as the Authority
32    deems desirable.
33        (d)  To appoint by and with the consent of  the  Attorney
HB2325 Engrossed            -76-              LRB9006923JMmbD
 1    General,  assistant  attorneys for such Authority, which said
 2    assistant attorneys shall be under the control, direction and
 3    supervision of the Attorney General and shall  serve  at  his
 4    pleasure.
 5        (e)  To  retain  special counsel, subject to the approval
 6    of the Attorney General, as needed from time to time, and fix
 7    their compensation, provided however,  such  special  counsel
 8    shall be subject to the control, direction and supervision of
 9    the Attorney General and shall serve at his pleasure.
10        (f)  To  acquire,  construct, relocate, operate, regulate
11    and maintain a system of toll highways through and within the
12    State of Illinois. However, the Authority does not  have  the
13    power to acquire, operate, regulate or maintain any system of
14    toll  highways or toll bridges or portions of them (including
15    but not limited to any system organized pursuant to  Division
16    108  of  Article  11  of  the Illinois Municipal Code) in the
17    event either of the following conditions exists at  the  time
18    the    proposed   acquisition,   operation,   regulation   or
19    maintenance of such system is to become effective:
20        (1)  the  principal  or  interest  on  bonds   or   other
21    instruments  evidencing  indebtedness  of  the  system are in
22    default; or
23        (2)  the  principal  or  interest  on  bonds   or   other
24    instruments  evidencing  indebtedness of the system have been
25    in default at any time during the 5 year period prior to  the
26    proposed acquisition.
27        To    facilitate   such   construction,   operation   and
28    maintenance and subject to the approval of  the  Division  of
29    Highways  of  the Department of Transportation, the Authority
30    shall have the full use  and  advantage  of  the  engineering
31    staff and facilities of the Department.
32        The  powers  of the Authority are subject to the Illinois
33    Procurement Code.
34    (Source: P.A. 83-1258.)
HB2325 Engrossed            -77-              LRB9006923JMmbD
 1        (605 ILCS 10/16) (from Ch. 121, par. 100-16)
 2        Sec. 16. All contracts let for the  construction  of  any
 3    work  authorized  to  be done under the provisions of the Act
 4    shall be procured in accordance with the Illinois Procurement
 5    Code, where the amount thereof is in excess  of  the  sum  of
 6    $10,000,  shall  be  let to the lowest responsible bidder, or
 7    bidders,  on   open,   competitive   bidding   after   public
 8    advertisement  made  at least 15 days prior to the opening of
 9    bids, in a newspaper of general circulation published in each
10    of the seven largest cities of the State,  as  determined  by
11    the last preceding Federal census, in such manner and at such
12    intervals,  as  may be prescribed by the Authority except for
13    contracts for the completion of  a  terminated  or  defaulted
14    contract.  The  successful  bidders for such work shall enter
15    into contracts furnished and  prescribed  by  the  Authority.
16    Such   Contracts  shall  contain  a  provision  that  a  such
17    successful bidder shall indemnify and save harmless the State
18    of Illinois for any accidental injuries  or  damages  arising
19    out  of  his  or  her  negligence  in the performance of such
20    contract, and shall, and in addition, execute and give bonds,
21    payable to the Authority, with a corporate surety  authorized
22    to do business under the laws of the State of Illinois, equal
23    to  at  least 50% of the contract price, one conditioned upon
24    faithful performance of the contract and the  other  for  the
25    payment  of all labor furnished and materials supplied in the
26    prosecution of the contracted work.
27    (Source: P.A. 86-1164.)
28        (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
29        Sec. 16.1.  (A) All contracts for  services  or  supplies
30    required   from   time  to  time  by  the  Authority  in  the
31    maintenance and operation of any toll highway or part thereof
32    under the provisions of this Act or all direct contracts  for
33    supplies  to  be used in the construction of any toll highway
HB2325 Engrossed            -78-              LRB9006923JMmbD
 1    or part thereof to be awarded under this Section, rather than
 2    as a part of a contract pursuant to Section 16 of  this  Act,
 3    shall be procured in accordance with the Illinois Procurement
 4    Code., when the amount of any such supplies or services is in
 5    excess  of  the  sum  of  $7,500  shall  be let to the lowest
 6    responsible bidder or bidders, on open,  competitive  bidding
 7    after  public advertisement made at least 5 days prior to the
 8    opening of bids, in a newspaper of general circulation in any
 9    city of over 500,000 population, or  in  any  county  through
10    which  the  tollway passes, in such manner and on one or more
11    occasions as may be prescribed by the Authority, except  that
12    bidding shall not be required in the following cases:
13             1.  Where  the  goods or services to be procured are
14        economically procurable from only  one  source,  such  as
15        contracts  for  telephone  service,  electric  energy and
16        other public  utility  services,  housekeeping  services,
17        books,  pamphlets  and periodicals and specially designed
18        business equipment and software.
19             2.  Where   the   services    required    are    for
20        professional, technical or artistic skills.
21             3.  Where the services required are for advertising,
22        promotional and public relations services.
23             4.  In  emergencies,  provided  that an affidavit of
24        the person or persons authorizing the  expenditure  shall
25        be  filed  with  the  Authority  and  the Auditor General
26        within 10 days after such authorization setting forth the
27        conditions  and  circumstances  requiring  the  emergency
28        purchase, the amount expended and the name of the  vendor
29        or contractor involved; if only an estimate is available,
30        however,  within  the  10  days  allowed  for  filing the
31        affidavit, the actual cost shall be reported  immediately
32        after it is determined.
33             5.  In case of expenditures for personal services.
34             6.  Contracts  for  equipment  and  spare  parts  in
HB2325 Engrossed            -79-              LRB9006923JMmbD
 1        support  thereof for the maintenance and operation of any
 2        toll  highway,  or  any  part  thereof,   whenever,   the
 3        Authority  shall,  by resolution, declare and find that a
 4        particular make and type of  equipment  is  required  for
 5        efficient maintenance and operation and proper servicing,
 6        for  uniformity  in  and integration with the spare parts
 7        program and  inventory  control,  or  for  other  reasons
 8        peculiar  to  the  problems  of  the  toll highway or its
 9        previously acquired equipment; however,  competition  and
10        competitive  bids shall be obtained by the Authority with
11        respect to  such  specified  equipment  or  spare  parts,
12        insofar  as  possible,  and  when  effective, pursuant to
13        public advertisement as hereinbefore provided.
14             7.  Contracts for  insurance,  fidelity  and  surety
15        bonds.
16             8.  Contracts  or agreements for the completion of a
17        terminated or defaulted contract or agreement.
18        (B)  The solicitation for bids shall  be  in  conformance
19    with   accepted   business   practices   and  the  method  of
20    solicitation shall be set out in  detail  in  the  rules  and
21    regulations of the Authority.
22        (C)  Proposals  received pursuant to public advertisement
23    shall be publicly opened at the day and hour and at the place
24    specified in the solicitation for such bids.
25        (D)  Successful bidders for such  services  and  supplies
26    shall  enter  into  contracts furnished and prescribed by the
27    Authority.
28        (E)  All purchases, contracts  or  other  obligations  or
29    expenditures of funds by the Authority shall be in accordance
30    with   rules   and   regulations  governing  the  Authority's
31    procurement practice and procedures and
32        The  Authority   shall   promulgate   and   publish   its
33    procurement  such  practices  and  procedures  in  sufficient
34    number  for  distribution to persons interested in bidding on
HB2325 Engrossed            -80-              LRB9006923JMmbD
 1    purchases or contracts to be let by the Authority. Such rules
 2    and regulations shall be kept on file with the  Secretary  of
 3    the  Authority  at  all  times  and  shall  be  available for
 4    inspection by members of the public at all  reasonable  times
 5    and hours.
 6        Such  rules  and  regulations  shall  be filed and become
 7    effective in  connection  with  the  Illinois  Administrative
 8    Procedure Act.
 9        (F)  Any   contract   entered   into   for   purchase  or
10    expenditure of funds of the Authority made  in  violation  of
11    this Act or the rules and regulations in pursuance thereof is
12    void and of no effect.
13        (G)  Warrant. All sellers to the Authority shall attach a
14    statement   to   the  delivery  invoice  attesting  that  the
15    standards set forth in  the  contracts  have  been  met.  The
16    statement shall be substantially in the following form:
17        "The   Seller,....   hereby  certifies  that  the  goods,
18    merchandise and wares shipped in accordance with the attached
19    delivery invoice have met  all  the  required  standards  set
20    forth in the purchasing contract.
21                           ....(Seller)."
22        Failure to attach the statement (H)  Whoever violates the
23    provisions  of  this  Section,  or  the rules and regulations
24    adopted  in  pursuance  thereof,  is  guilty  of  a  Class  A
25    misdemeanor.
26    (Source: P.A. 86-1164.)
27                             ARTICLE 98
28                     HUMAN SERVICES DELIVERY ACT
29        Section 98-1.  Short title.  This Article may be cited as
30    the Human Services Delivery Act.
31        Section 98-5.  Legislative findings  and  declaration  of
HB2325 Engrossed            -81-              LRB9006923JMmbD
 1    policy.
 2        (a)  The  purpose  of  this  Article  is  to  set forth a
 3    program to better provide human services to needy citizens of
 4    the State of Illinois.  The State of Illinois contracts  with
 5    or  provides  grants  to  private entities for the purpose of
 6    providing residential  and  day  treatment  services  to  the
 7    mentally  ill  and  developmentally  disabled.   The State of
 8    Illinois enters  into  these  contracts  and  provides  these
 9    grants  in order to best provide the human services necessary
10    for the care and development of its neediest citizens.
11        (b)  The legislature finds that the needs of its mentally
12    ill and developmentally disabled citizens cannot  be  met  if
13    the  services  provided  to  them through contracts or grants
14    between the State  of  Illinois  and  private  providers  are
15    subject  to  disruption.   The legislature further finds that
16    the services are most likely to be disrupted if  the  private
17    providers  of the services have illegally interfered with the
18    rights of the private providers' employees under federal law.
19    Private providers or employers found guilty of violating  the
20    National Labor Relations Act are most likely to be subject to
21    strikes  and  other  work stoppages by their employees, which
22    strikes or work stoppages have a detrimental  effect  on  the
23    services being provided to Illinois citizens who are mentally
24    ill or developmentally disabled.
25        (c)  It  is hereby declared to be the policy of the State
26    of Illinois that  in  order  to  prevent  the  disruption  of
27    residential  and  day  treatment services to the mentally ill
28    and developmentally disabled citizens, the State of  Illinois
29    shall   not  contract  with  or  provide  grants  to  private
30    providers to provide these services if the  private  provider
31    has  been found to have violated the National Labor Relations
32    Act by committing 3 or more unfair labor practices in any  24
33    month  period  in the 3 years preceding the effective date or
34    renewal date of the contract, agreement, or grant.
HB2325 Engrossed            -82-              LRB9006923JMmbD
 1        Section 98-10.  Definitions.  As used  in  this  Article,
 2    unless the context otherwise requires:
 3        "Contractor  or  grantee"  means an entity other than the
 4    State of Illinois, a department of the State of Illinois,  or
 5    political  subdivision  of  the State of Illinois which has a
 6    contractual or other relationship with the State of  Illinois
 7    or   a  department  of  the  State  of  Illinois  to  provide
 8    residential or day treatment services to the mentally ill  or
 9    developmentally  disabled,  which contract is funded in whole
10    or in part by the State of Illinois or through  the  Medicaid
11    Program of the State of Illinois.
12        "National Labor Relations Act" means the federal statute,
13    found at 29 U.S.C. Section 101, et seq., as amended.
14        "Violation  of  the National Labor Relations Act" means a
15    decision by the  National  Labor  Relations  Board  that  the
16    National Labor Relations Act has been violated.
17        Section  98-20.  Certification.  No grantee or contractor
18    shall receive a grant or be considered for  the  purposes  of
19    being  awarded  a  contract  for providing residential or day
20    treatment services for the mentally  ill  or  developmentally
21    disabled,  unless that grantee or contractor has certified to
22    the State of Illinois  or  to  the  granting  or  contracting
23    agency that it has not been found to have committed 3 or more
24    unfair  labor  practices  during  a  24 month period in the 3
25    years preceding the effective date of the contract or grant.
26        Section 98-25.  Suspension or termination of the contract
27    or grant.  Each contract or grant awarded  by  the  State  of
28    Illinois  shall  be  subject  to  suspension  of  payments or
29    termination or both if it is determined that:
30        (a)  The  contractor  or  grantee  has   made   a   false
31    certification under Section 98-20 of this Article; or
32        (b)  The  contractor or grantee, after the effective date
HB2325 Engrossed            -83-              LRB9006923JMmbD
 1    of the contract or grant, is found to  have  committed  3  or
 2    more  unfair  labor  practices during a 24 month period under
 3    the National Labor Relations Act.
 4        Section 98-30.  Debarment.  Any contractor or grantee who
 5    files a false certification  under  Section  98-20  or  whose
 6    contract  or  grant  is suspended or terminated under Section
 7    98-25 shall be debarred  from  seeking  or  obtaining  a  new
 8    contract  or grant covered under this Article for a period of
 9    one year from  the  date  that  the  contract  or  grant  was
10    terminated or suspended.
11        Section  98-35.   Suspension,  termination  or  debarment
12    proceedings; remediation.
13        (a)  In  any  determination  proceeding for suspension of
14    payment, termination, or debarment pursuant to this  Article,
15    the  only question shall be whether the contractor or grantee
16    has violated the National Labor Relations Act as  defined  by
17    this Article.
18        (b)  All   proceedings   for   suspension   of   payment,
19    termination,  or  debarment pursuant to this Article shall be
20    conducted in  accordance  with  the  Illinois  Administrative
21    Procedure Act.
22        (c)  Upon notice to the Department of Human Services from
23    a  labor organization that a complaint has been issued by the
24    National  Labor  Relations  Board  against  a  contractor  or
25    grantee, the Department shall at the  request  of  the  labor
26    organization  convene a remediation session between the labor
27    organization and the contractor or grantee.   The  Department
28    shall establish rules concerning the conduct of the sessions.
29        (d)  As  minor  violations  of a technical nature are not
30    likely to  result  in  interference  with  employees'  rights
31    sufficient  to  cause significant disruption in the provision
32    of essential services,  nothing  herein  shall  preclude  the
HB2325 Engrossed            -84-              LRB9006923JMmbD
 1    Department  from making a finding that the violations were of
 2    a technical nature with only de minimus impact on the  rights
 3    guaranteed under the National Labor Relations Act.
 4                             ARTICLE 99
 5                           EFFECTIVE DATE
 6        Section  99-5.  Effective   date  and  transition.   This
 7    Article  99  and  Article  98  take effect upon becoming law.
 8    Article 95 takes effect July 1, 1998.  Articles 1 through  90
 9    take  effect  upon  becoming  law  solely for the purposes of
10    appointment of the Procurement Policy Board and allowing  the
11    Procurement  Policy Board and State agencies designated under
12    Article  5  to  promulgate  rules  to  implement  this  Code.
13    Articles 1 through 90, for all other  purposes,  take  effect
14    July 1, 1998.
HB2325 Engrossed            -85-              LRB9006923JMmbD
 1                                INDEX
 2               Statutes amended in order of appearance
 3    30 ILCS 525/3             from Ch. 85, par. 1603
 4    15 ILCS 405/11 rep.
 5    15 ILCS 405/15 rep.
 6    20 ILCS 5/29 rep.
 7    20 ILCS 5/30 rep.
 8    20 ILCS 405/35.7b rep.
 9    20 ILCS 405/67.01 rep.
10    20 ILCS 405/67.04 rep.
11    20 ILCS 405/67.02         from Ch. 127, par. 63b13.2
12    20 ILCS 415/25 new
13    20 ILCS 1015/13 rep.
14    30 ILCS 505/Act rep.
15    30 ILCS 510/Act rep.
16    30 ILCS 515/Act rep.
17    30 ILCS 563/Act rep.
18    30 ILCS 615/Act rep.
19    605 ILCS 10/3             from Ch. 121, par. 100-3
20    605 ILCS 10/8             from Ch. 121, par. 100-8
21    605 ILCS 10/16            from Ch. 121, par. 100-16
22    605 ILCS 10/16.1          from Ch. 121, par. 100-16.1

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