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90_HB3809ham001
LRB9008460JMmbam03
1 AMENDMENT TO HOUSE BILL 3809
2 AMENDMENT NO. . Amend House Bill 3809 by replacing
3 everything after the enacting clause with the following:
4 "ARTICLE 1
5 GENERAL PROVISIONS
6 Section 1-1. Short title. This Act may be cited as the
7 Illinois Procurement Code of 1999.
8 Section 1-5. Public policy. It is the purpose of this
9 Code and is declared to be the policy of the State that the
10 principles of competitive bidding and economical procurement
11 practices shall be applicable to all purchases and contracts
12 by or for any State agency.
13 Section 1-10. Application.
14 (a) This Code applies only to procurements for which
15 contractors were first solicited on or after January 1, 1999.
16 This Code shall not be construed to affect or impair any
17 contract, or any provision of a contract, entered into prior
18 to the implementation date of this Code as described in
19 Article 99, including but not limited to, any covenant
20 entered into with respect to any revenue bonds or similar
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1 instruments.
2 (b) This Code applies regardless of the source of the
3 funds with which the contracts are paid, including federal
4 assistance moneys. This Code does not apply to: (1)
5 contracts between the State and its political subdivisions or
6 other governments, or between State governmental bodies
7 except as specifically provided in this Code; (2) grants; (3)
8 purchase of care; (4) contracts for personal services as an
9 employee rather than as an independent contractor; or (5)
10 collective bargaining contracts. Nothing in this Code or in
11 rules promulgated hereunder shall prevent any State
12 governmental body from complying with the terms and
13 conditions of any grant, gift, bequest, or cooperative
14 agreement.
15 Section 1-15. Definitions. For the purposes of this
16 Code, the words set forth in the following Sections of this
17 Article have the meanings set forth in those Sections.
18 Section 1-15.03. Bidder or offeror. "Bidder" or
19 "offeror" means any person who submits a bid, proposal, or
20 other type of offer. These terms may be used
21 interchangeably.
22 Section 1-15.05. Board. "Board" means the Procurement
23 Policy Board.
24 Section 1-15.10. Business. "Business" means any
25 corporation, partnership, individual, sole proprietorship,
26 joint stock company, joint venture, or other private legal
27 entity.
28 Section 1-15.15. Chief Procurement Officer. "Chief
29 Procurement Officer" means:
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1 (1) for procurements for construction and
2 construction-related services committed by law to the
3 jurisdiction or responsibility of the Capital Development
4 Board, the executive director of the Capital Development
5 Board.
6 (2) for procurements for all construction,
7 construction-related services, operation of any facility, and
8 the provision of any service or activity committed by law to
9 the jurisdiction or responsibility of the Illinois Department
10 of Transportation, including the direct or reimbursable
11 expenditure of all federal funds for which the Department of
12 Transportation is responsible or accountable for the use
13 thereof in accordance with federal law, regulation, or
14 procedure, the Secretary of Transportation.
15 (3) for all procurements made by a public institution of
16 higher education, a representative designated by the
17 Governor.
18 (4) for all other procurements of the executive branch
19 under the jurisdiction of the Governor or outside the
20 jurisdiction of any other executive branch constitutional
21 officer, the Director of the Department of Central Management
22 Services.
23 (5) for all procurements under the jurisdiction of an
24 executive branch constitutional officer other than the
25 Governor, the appropriate executive branch constitutional
26 officer.
27 (6) for all procurements under the jurisdiction of the
28 President of the Senate, the President of the Senate.
29 (7) for all procurements under the jurisdiction of the
30 Speaker of the House of Representatives, the Speaker of the
31 House of Representatives.
32 (8) for all procurements under the jurisdiction of the
33 Minority Leader of the Senate, the Minority Leader of the
34 Senate.
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1 (9) for all procurements under the jurisdiction of the
2 Minority Leader of the House of Representatives, the Minority
3 Leader of the House of Representatives.
4 (10) for all procurements of the legislative support
5 service agencies, a person designated by the Joint Committee
6 on Legislative Support Services.
7 Section 1-15.17. Concession. "Concession" means any use
8 of State property, primarily real estate, by a party not
9 associated with State government, whether or not a charge is
10 levied for that use.
11 Section 1-15.20. Construction or construction-related
12 services. "Construction" means building, altering,
13 repairing, improving, or demolishing any public structure or
14 building, or making improvements of any kind to public real
15 property. Construction does not include the routine
16 operation, routine repair, or routine maintenance of existing
17 structures, buildings, or real property. "Construction-
18 related services" means those services including construction
19 design, layout, inspection, support, feasibility or location
20 study, research, development, planning, or other
21 investigative study undertaken by a construction agency
22 concerning construction or potential construction.
23 Section 1-15.25. Construction agency. "Construction
24 agency" means the Capital Development Board for construction
25 or remodeling of State-owned facilities; the Illinois
26 Department of Transportation for construction or maintenance
27 of roads, highways, bridges, and airports; the Illinois Toll
28 Highway Authority for construction or maintenance of toll
29 highways; and any other State agency entering into
30 construction contracts as authorized by law or by delegation
31 from the Procurement Policy Board.
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1 Section 1-15.30. Contract. "Contract" means all types
2 of State agreements, regardless of what they may be called,
3 for the procurement or use of goods, services, including
4 professional or artistic services, construction, or real
5 property leases, and including master contracts and contracts
6 for financing through use of installment or lease-purchase
7 arrangements.
8 Section 1-15.35. Cost-reimbursement contract.
9 "Cost-reimbursement contract" means a contract under which a
10 contractor is reimbursed for costs that are allowable and
11 allocable in accordance with the contract terms and the
12 provisions of this Code, and a fee, if any.
13 Section 1-15.37. Director. "Director" means the head
14 executive officer of a State agency.
15 Section 1-15.42. Goods. "Goods" means all personal
16 property, including but not limited to, equipment, materials,
17 printing, and insurance, and the financing of those goods.
18 Section 1-15.44. Grant. "Grant" means the furnishing by
19 the State of assistance, whether financial or otherwise, to
20 any person to support a program authorized by law. It does
21 not include an award, the primary purpose of which is to
22 procure an end product for the direct benefit or use of the
23 State governmental body making the grant, whether in the form
24 of goods, services, or construction; a contract resulting
25 from such an award is not a grant but a procurement contract.
26 Section 1-15.47. Inspector General. "Inspector General"
27 means that person appointed by the Governor as Inspector
28 General for Procurement under Section 5-10.
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1 Section 1-15.50. Invitation for bids. "Invitation for
2 bids" means the process by which a purchasing agency requests
3 information from bidders, including all documents, whether
4 attached or incorporated by reference, used for soliciting
5 bids.
6 Section 1-15.53. Negotiation. "Negotiation" means the
7 process of selecting a contractor other than by competitive
8 sealed bids, or multi-step sealed bidding, whereby a
9 purchasing agency can establish any and all terms and
10 conditions of a procurement contract by discussion with one
11 or more prospective contractors.
12 Section 1-15.55. Person. "Person" means any business,
13 public or private corporation, partnership, individual,
14 union, committee, club, unincorporated association or other
15 organization or group of individuals, or other legal entity.
16 Section 1-15.56. Personal services. "Personal services"
17 means services rendered to the State by an individual, as an
18 employee and not an independent contractor, and for whom
19 federal income taxes are withheld.
20 Section 1-15.57. Price. "Price" means any dollar
21 related factor relevant to the State, including but not
22 limited to, discounts and transportation, and where specified
23 in purchase specifications or descriptions, "price" means
24 total or life cycle costs.
25 Section 1-15.58. Procurement. "Procurement" means
26 buying, renting, leasing, licensing, or otherwise acquiring
27 any goods, services, construction, or real estate lease. It
28 also includes all functions that pertain to the obtaining
29 same, including describing requirements, selection and
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1 soliciting sources, preparing and awarding contracts, and all
2 phases of contract administration.
3 Section 1-15.60. Professional and artistic services.
4 "Professional and artistic services" means those services
5 provided under contract to a State agency by a person or
6 business, acting as an independent contractor, qualified by
7 education, experience, and technical ability to advise and
8 assist in solving specific management and programmatic
9 problems involving the organization, planning, direction,
10 control, and operation of State agencies.
11 Section 1-15.65. Purchase description. "Purchase
12 description" means the words used in a solicitation to
13 describe the supplies, services, professional or artistic
14 services, construction, or real property or capital
15 improvements to be procured or leased and includes
16 specifications attached to or made a part of the
17 solicitation.
18 Section 1-15.67. Purchase of care. "Purchase of care"
19 means a contract with a person for the furnishing of medical,
20 educational, psychiatric, vocational, rehabilitative, social,
21 or human services directly to a recipient of a State aid
22 program.
23 Section 1-15.70. Purchasing agency. "Purchasing agency"
24 means a State agency that is authorized by this Code, by its
25 implementing rules, or by authorized delegation of a State
26 purchasing officer to enter into contracts.
27 Section 1-15.75. Request for proposals. "Request for
28 proposals" means the process by which a purchasing agency
29 requests information from offerors, including all documents,
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1 whether attached or incorporated by reference, used for
2 soliciting proposals.
3 Section 1-15.80. Responsible bidder or offeror.
4 "Responsible bidder or offeror" means a person who has the
5 capability in all respects to perform fully the contract
6 requirements and the integrity and reliability that will
7 assure good faith performance.
8 Section 1-15.85. Responsive bidder. "Responsive bidder"
9 means a person who has submitted a bid that conforms in all
10 material respects to the invitation for bids.
11 Section 1-15.90. Services. "Services" means the
12 furnishing of labor, time, or effort by a contractor, not
13 involving the delivery of a specific end product other than
14 reports or supplies that are incidental to the required
15 performance.
16 Section 1-15.93. Solicitation. "Solicitation" means an
17 invitation for bids, request for proposals, request for
18 information, or other means of requesting contractors to
19 respond with offers or qualifications.
20 Section 1-15.95. Specifications. "Specifications" means
21 any description, provision, or requirement pertaining to the
22 physical or functional characteristics or of the nature of a
23 supply, service, or other item to be procured under a
24 contract. Specifications may include a description of any
25 requirement for inspecting, testing, or preparing a supply,
26 service, professional or artistic service, construction, or
27 other item for delivery.
28 Section 1-15.100. State agency. "State agency" means
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1 all officers, boards, commissions, and agencies created by
2 the Constitution, whether in the executive or legislative
3 branch; all officers, departments, boards, commissions,
4 agencies, institutions, authorities, universities, bodies
5 politic and corporate of the State; and administrative units
6 or corporate outgrowths of the State government that are
7 created by or in accordance with statute, other than units of
8 local government and their officers, school districts, and
9 boards of election commissioners; all public employee
10 retirement systems or investment boards that are subject to
11 fiduciary duties imposed by the Illinois Pension Code; and
12 all administrative units and corporate outgrowths of State
13 agencies and as may be created by executive order of the
14 Governor. "State agency" does not include the Illinois
15 Comprehensive Health Insurance Board.
16 Section 1-15.105. State purchasing officer. "State
17 purchasing officer" means a person appointed by a chief
18 procurement officer to exercise the procurement authority
19 created by this Code.
20 Section 1-15.110. Supplies. "Supplies" means all
21 personal property, including but not limited to equipment,
22 materials, printing, and insurance, and the financing of
23 those supplies.
24 Section 1-15.115. Using agency. "Using agency" means a
25 State agency that uses items procured under this Code.
26 Section 1-25. Property rights. No person shall have any
27 right to a specific contract with the State unless that
28 person has a contract that has been signed by an officer or
29 employee of the purchasing agency with appropriate signature
30 authority, or by officers or employees as required by Section
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1 20-57. The State shall be under no obligation to issue an
2 award or execute a contract.
3 Section 1-30. Applicability to the Judicial Branch. The
4 judicial branch is exempt from this Code. The judicial
5 branch shall make procurements in accordance with rules
6 promulgated to meet its needs. Procurement rules promulgated
7 by the judicial branch may incorporate provisions of this
8 Code.
9 ARTICLE 5
10 POLICY ORGANIZATION
11 Section 5-5. Procurement Policy Board.
12 (a) Creation. There is created a Procurement Policy
13 Board.
14 (b) Authority and duties. The Board shall have the
15 authority and responsibility to promulgate rules, consistent
16 with this Code, governing the procurement, management,
17 control, and disposal of supplies, services, professional or
18 artistic services, construction, and real property and
19 capital improvement leases procured by the State. All rules
20 shall be promulgated and published in accordance with the
21 Illinois Administrative Procedure Act. The Board shall
22 consider and decide matters of policy within the provisions
23 of this Code. The Board shall have the power to audit and
24 monitor the implementation of its rules and the requirements
25 of this Code but shall not exercise authority over the award
26 or administration of any particular contract or over any
27 dispute, claim, or litigation pertaining to a particular
28 contract, except as provided in Section 20-30. The Board
29 shall maintain a list of all State vendors, contractors, and
30 bidders from information supplied by the State purchasing
31 officers.
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1 (c) Members. The Board shall consist of 5 members
2 appointed by the Governor, with the advice and consent of the
3 Senate, three-fifths of the members elected concurring by
4 record vote. No more than 3 members may be of the same
5 political party. Each member shall have demonstrated
6 sufficient business or professional experience in the area of
7 procurement to perform the functions of the Board.
8 (d) Terms. Of the initial appointees, the Governor
9 shall designate one member to serve a one-year term, 2
10 members to serve 2-year terms, and 2 members to serve 3-year
11 terms. Subsequent terms shall be 4 years. Members may be
12 reappointed for succeeding terms.
13 (e) Reimbursement. Members shall receive no
14 compensation but shall be reimbursed for any expenses
15 reasonably incurred in the performance of their duties.
16 (f) Staff support. The Board shall have sufficient
17 staff to perform the duties required by this Code.
18 Section 5-10. Inspector General for Procurement.
19 (a) Creation and appointment. There is created the
20 Office of the Inspector General for Procurement. The
21 Governor, with the advice and consent of the Senate,
22 three-fifths of the members elected concurring by record
23 vote, shall appoint the Inspector General for a 6-year term.
24 (b) Authority and duties. The Inspector General shall
25 be responsible for overseeing implementation of the Board's
26 rules and policies. The Inspector General shall report any
27 suspected violations to the appropriate agency, the State's
28 Attorney in the county in which the suspected violation
29 occurs, and the Attorney General.
30 (c) Compensation. The Inspector General shall be a
31 full-time position compensated in an amount equal to the
32 compensation of the Auditor General. A member of the Board
33 may not serve as Inspector General.
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1 (d) Staff support. The Inspector General shall have
2 sufficient staff to perform the duties required by this Code.
3 (e) The Inspector General shall file semi-annual reports
4 with the Legislative Audit Commission.
5 Section 5-25. Rulemaking authority. The Board may
6 authorize a State agency to promulgate rules to make
7 procurements when the Board determines that specific rules
8 are necessary. All rules shall be promulgated in accordance
9 with the Illinois Administrative Procedure Act and shall be
10 subject to the approval of the Board.
11 ARTICLE 10
12 PROCUREMENT ORGANIZATION
13 Section 10-5. Exercise of procurement authority.
14 (a) The State purchasing officers shall exercise the
15 procurement authority created by this Code except as
16 otherwise provided in this Code.
17 (b) (1) Procurements for all construction, construction
18 related services, operation of any facility, and the
19 provision of any service or activity committed by law to the
20 jurisdiction or responsibility of the Illinois Department of
21 Transportation, including the direct or reimbursable
22 expenditure of all federal funds for which the Department of
23 Transportation is responsible or accountable for the use
24 thereof in accordance with federal law, regulation or
25 procedure, shall be exercised by the Secretary of
26 Transportation if required to comply with federal law.
27 (2) Procurements for all construction, construction
28 related services, operation of any facility, and the
29 provision of any service or activity committed by law to the
30 jurisdiction or responsibility of the Illinois Toll Highway
31 Authority, including the direct or reimbursable expenditure
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1 of all federal funds for which the Authority is responsible
2 or accountable for the use thereof in accordance with federal
3 law, regulation or procedure, shall be delegated to the
4 Authority if required to comply with federal law.
5 Section 10-10. State purchasing officers.
6 (a) The appropriate chief procurement officer shall
7 appoint and the director of each State agency shall approve a
8 State purchasing officer to exercise within his or her
9 jurisdiction the procurement authority created by this Code.
10 In the absence of an appointed and approved State purchasing
11 officer, the appropriate chief procurement officer shall
12 exercise the procurement authority created by this Code.
13 No new personnel position may be created to fill the
14 position of State purchasing officer.
15 (b) Vendor list. Each State purchasing officer shall
16 maintain a list of vendors, contractors, and bidders and
17 forward that list to the Board at least once per month in
18 accordance with Board rules.
19 Section 10-15. Delegation of authority. A State
20 purchasing officer may delegate procurement powers and duties
21 to an employee under that officer's jurisdiction as
22 authorized by the Board.
23 ARTICLE 15
24 PROCUREMENT BULLETIN
25 Section 15-5. Publisher. The Board shall designate a
26 State agency responsible for publishing the Illinois
27 Procurement Bulletin.
28 Section 15-10. Contents. The Illinois Procurement
29 Bulletin shall contain notices and other information required
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1 by this Code or by rules promulgated under this Code to be
2 published in the Illinois Procurement Bulletin. The rules of
3 the Board promulgated under this Section shall require
4 inclusion in the Bulletin sufficient information to
5 adequately inform the public of the nature of each contract.
6 Each issue shall include a comprehensive index of its
7 contents. A purchasing agency may also choose, as applicable
8 and in accordance with rules of the Board, to place notices
9 in the official State newspaper or a newspaper circulating in
10 a locality relevant to the specified procurement.
11 Section 15-15. Publication. The Illinois Procurement
12 Bulletin shall be published at least once per month. It
13 shall be available through subscription for a minimal fee not
14 exceeding publication and distribution costs. The Illinois
15 Procurement Bulletin shall be distributed free to public
16 libraries within Illinois.
17 Each volume of the Illinois Procurement Bulletin shall be
18 available electronically and may be available in print.
19 References in this Code to the publication and distribution
20 of the Illinois Procurement Bulletin include both its print
21 and electronic formats.
22 Section 15-20. Qualified bidders. Subscription to the
23 Illinois Procurement Bulletin shall not be required to
24 qualify as a bidder or offeror under this Code.
25 Section 15-25. Bulletin content.
26 (a) Invitations for bids. Notice of each and every
27 contract that is offered, including renegotiated contracts
28 and change orders, shall be published in the Bulletin. The
29 Board may provide by rule an organized format for the
30 publication of this information, but in any case it must
31 include at least the date first offered, the date submission
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1 of offers is due, the location that offers are to be
2 submitted to, the purchasing State agency, the responsible
3 State purchasing officer, a brief purchase description, the
4 method of source selection, and information of how to obtain
5 a comprehensive purchase description and any disclosure and
6 contract forms.
7 (b) Contracts let or awarded. Notice of each and every
8 contract that is let or awarded, including renegotiated
9 contracts and change orders, shall be published in the next
10 available subsequent Bulletin, and the Board may provide by
11 rule an organized format for the publication of this
12 information, but in any case it must include at least all of
13 the information specified in subsection (a) as well as the
14 name of the successful responsible bidder or offeror, the
15 contract price, the number of unsuccessful responsive
16 bidders, and any other disclosure specified in any Section of
17 this Code.
18 (c) Emergency purchase disclosure. Any chief
19 procurement officer, State purchasing officer, or designee
20 exercising emergency purchase authority under this Code shall
21 publish a written description and reasons and the total cost,
22 if known, or an estimate if unknown and the name of the
23 responsible chief procurement officer and State purchasing
24 officer, and the business or person contracted with for all
25 emergency purchases in the next timely, practicable Bulletin.
26 Such description shall also state the name of the Board
27 member granting approval pursuant to Section 20-30.
28 (d) Other required disclosure. The applicable chief
29 procurement officer shall provide by rule for the organized
30 publication in a timely manner of all other disclosure
31 required in other Sections of this Code.
32 ARTICLE 20
33 SOURCE SELECTION AND CONTRACT FORMATION
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1 Section 20-5. Method of source selection. Unless
2 otherwise authorized by this Code or by other law, all State
3 contracts shall be awarded by competitive sealed bidding, in
4 accordance with Section 20-10.
5 Section 20-10. Competitive sealed bidding.
6 (a) Conditions for use. All contracts shall be awarded
7 by competitive sealed bidding except as otherwise provided in
8 Section 20-5.
9 (b) Invitation for bids. An invitation for bids shall
10 be issued and shall include a purchase description and the
11 material contractual terms and conditions applicable to the
12 procurement.
13 (c) Public notice. Public notice of the invitation for
14 bids shall be published in the Illinois Procurement Bulletin
15 at least 28 days before the date set in the invitation for
16 the opening of bids.
17 (d) Bid submission and opening. Bids shall be submitted
18 in a sealed form and shall be opened publicly in the presence
19 of one or more witnesses at the time and place designated in
20 the invitation for bids. The rules may provide for the
21 acceptance of bids submitted by fax, electronic data
22 exchange, or by other methods. The name of each bidder, the
23 amount of each bid, and other relevant information as may be
24 specified by rule shall be recorded. After the award of the
25 contract, the winning bid and the record of each unsuccessful
26 bid shall be open to public inspection.
27 (e) Bid acceptance and bid evaluation. Bids shall be
28 unconditionally accepted without alteration or correction,
29 except as authorized in this Code. Bids shall be evaluated
30 based on the requirements set forth in the invitation for
31 bids, which may include criteria to determine acceptability
32 such as inspection, testing, quality, workmanship, delivery,
33 and suitability for a particular purpose. Those criteria
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1 that will affect the bid price and be considered in
2 evaluation for award, such as discounts, transportation
3 costs, and total or life cycle costs, shall be objectively
4 measurable. The invitation for bids shall set forth the
5 evaluation criteria to be used. Only criteria set forth in
6 the invitation for bids may be used in the bid evaluation.
7 (f) Correction or withdrawal of bids. Correction or
8 withdrawal of inadvertently erroneous bids before or after
9 award, or cancellation of awards of contracts based on bid
10 mistakes, shall be permitted in accordance with rules of the
11 Board. After bid opening, no changes in bid prices or other
12 provisions of bids prejudicial to the interest of the State
13 or fair competition shall be permitted. All decisions to
14 permit the correction or withdrawal of bids based on bid
15 mistakes shall be supported by written determination made by
16 a purchasing agency.
17 (g) Award. The contract shall be awarded with
18 reasonable promptness by written notice to the lowest
19 responsible and responsive bidder whose bid meets the
20 requirements and criteria set forth in the invitation for
21 bids.
22 (h) Multi-step sealed bidding. When it is considered
23 impracticable to initially prepare a purchase description to
24 support an award based on price, an invitation for bids may
25 be issued, in accordance with the rules of the Board,
26 requesting the submission of unpriced offers to be followed
27 by an invitation for bids limited to those bidders whose
28 offers have been qualified under the criteria set forth in
29 the first solicitation.
30 Section 20-20. Small purchases.
31 (a) Amount. Any individual procurement of supplies or
32 services not exceeding $10,000 and any procurement of
33 construction not exceeding $30,000 may be made without
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1 competitive sealed bidding. Procurements shall not be
2 artificially divided so as to constitute a small purchase
3 under this Section.
4 (b) Adjustment. Each July 1, the small purchase
5 maximums established in subsection (a) shall be adjusted for
6 inflation as determined by the Consumer Price Index for All
7 Urban Consumers as determined by the United States Department
8 of Labor and rounded to the nearest $100.
9 Section 20-25. Sole source procurements. Contracts may
10 be awarded without notice or competition when there is only
11 one economically feasible source for the item, including but
12 not limited to, contracts for specific works of art and for
13 the services of a particular artist. Procurements under this
14 Section must be approved in advance by the Board. The
15 procuring agency shall maintain a list of contracts awarded
16 on a sole source basis including the reasons for determining
17 the contractor was the sole economically feasible source.
18 The list and the reasons shall be open to inspection, and
19 shall be published in the Illinois Procurement Bulletin in
20 the issue published after the contract is awarded.
21 Section 20-30. Emergency purchases.
22 (a) Conditions for use. In accordance with standards
23 set forth in rules promulgated by the Board, a purchasing
24 agency may make emergency procurements without competitive
25 sealed bidding or prior notice when there exists a threat to
26 public health or public safety, or when immediate expenditure
27 is necessary for repairs to State property in order to
28 protect against further loss of or damage to State property,
29 to prevent or minimize serious disruption in State services,
30 or to ensure the integrity of State records. Emergency
31 procurements shall be made with as much competition as is
32 practical under the circumstances and as required by the rule
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1 of the Board. Emergency procurements must be approved in
2 advance by at least one member of the Board. A written
3 description of the basis for the emergency and reasons for
4 the selection of the particular contractor shall be included
5 in the contract file.
6 (b) Notice. Before the 10th of each month, the
7 purchasing agency shall publish in the Illinois Procurement
8 Bulletin a copy of each written description and reasons and
9 the total cost of each emergency procurement made during the
10 previous month. When only an estimate of the total cost is
11 known at the time of publication, the estimate shall be
12 identified as an estimate and published. When the actual
13 total cost is determined, it shall also be published in like
14 manner before the 10th day of the next succeeding month.
15 (c) Affidavits. A purchasing agency making a
16 procurement under this Section shall file affidavits with
17 the Board and the Inspector General within 10 days after the
18 procurement setting forth the amount expended, the name of
19 the contractor involved, and the conditions and circumstances
20 requiring the emergency procurement. When only an estimate
21 of the cost is available within 10 days after the
22 procurement, the actual cost shall be reported immediately
23 after it is determined. The Board shall review the
24 affidavits for each emergency procurement at least once a
25 month, and any member of the Board may append comments. At
26 the end of each fiscal quarter, the Inspector General shall
27 file with the Auditor General, the Legislative Audit
28 Commission, and the Governor a complete listing of all
29 emergency procurements reported during that fiscal quarter.
30 The Legislative Audit Commission shall review the emergency
31 procurements so reported and, in its annual reports, advise
32 the General Assembly of procurements that appear to
33 constitute an abuse of this Section.
34 (d) Quick purchases. The Board may promulgate policies
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1 extending the circumstances by which a purchasing agency may
2 make purchases under this Section, including but not limited
3 to the procurement of items available at a discount for a
4 limited period of time.
5 Section 20-35. Competitive selection procedures.
6 (a) Conditions for use. The services specified in
7 Article 35 shall be procured in accordance with this Section,
8 except as authorized under Sections 20-25 and 20-30 of this
9 Article or as authorized by the Board in accordance with the
10 provisions of this Code.
11 (b) Statement of qualifications. Potential contractors
12 may submit statements of qualifications and expressions of
13 interest. The Board may specify a uniform format for
14 statements of qualifications. Persons may amend these
15 statements at any time by filing a new statement.
16 (c) Public announcement and form of request for
17 proposals. Public notice of the need for the procurement
18 shall be given in the form of a request for proposals and
19 published in the Illinois Procurement Bulletin at least 14
20 days before the date set in the request for proposals for the
21 opening of proposals. The request for proposals shall
22 describe the services required, list the type of information
23 and data required of each offeror, and shall state the
24 relative importance of particular qualifications.
25 (d) Discussions. The purchasing agency may conduct
26 discussions with any offeror who has submitted a proposal to
27 determine the offeror's qualifications for further
28 consideration. Discussions shall not disclose any
29 information derived from proposals submitted by other
30 offerors.
31 (e) Award. Award shall be made to the offeror
32 determined in writing by the purchasing agency to be best
33 qualified based on the evaluation factors set forth in the
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1 request for proposals and negotiation of compensation
2 determined to be fair and reasonable. If compensation cannot
3 be agreed upon with the best qualified offeror, then
4 negotiations shall be formally terminated with the selected
5 offeror. If proposals were submitted by one or more other
6 offerors determined to be qualified, negotiations may be
7 conducted with the other offeror or offerors, in the order of
8 their respective qualification ranking. The contract may be
9 awarded to the offeror then ranked as best qualified if the
10 amount of compensation is determined to be fair and
11 reasonable.
12 Section 20-40. Cancellation of invitations for bids or
13 requests for proposals. An invitation for bids, a request
14 for proposals, or any other solicitation may be cancelled, or
15 any and all bids or proposals may be rejected in whole or in
16 part as may be specified in the solicitation, when it is in
17 the best interests of the State in accordance with rules
18 promulgated by the Board. The reasons for cancellation or
19 rejection shall be made part of the contract file.
20 Section 20-45. Prequalification of suppliers. The Board
21 shall promulgate rules for the development of prequalified
22 supplier lists for appropriate categories of purchases and
23 the periodic updating of those lists.
24 Section 20-50. Specifications. Specifications shall be
25 prepared in accordance with standards set forth in rules
26 promulgated by the Board. Those standards shall include a
27 prohibition against the use of brand-name products except
28 under specified circumstances and a restriction on the use of
29 specifications drafted by a potential bidder. All
30 specifications shall seek to promote overall economy for the
31 purposes intended and encourage competition in satisfying the
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1 State's needs and shall not be unduly restrictive.
2 Section 20-55. Types of contracts. Subject to the
3 limitations of this Section and unless otherwise authorized
4 by law, any type of contract that will promote the best
5 interests of the State may be used, except that
6 cost-plus-a-percentage-of-cost contracts are prohibited. A
7 cost-reimbursement contract may be used only when a
8 determination is made in writing that a cost-reimbursement
9 contract is likely to be less costly to the State than any
10 other type or that it is impracticable to obtain the item
11 required except under that type of contract. The general
12 form of contracts shall be specified by the Comptroller.
13 Section 20-57. Contracts of $100,000 or more in a fiscal
14 year.
15 (a) Approval or signature. With respect to new
16 contracts, contract renewals, orders against master
17 contracts, and leases in the amount of $100,000 or more in a
18 fiscal year, and with respect to contract amendments or
19 changes to existing contracts, including change orders, task
20 orders, or requisitions that increase the value of such
21 contract to or by $100,000 or more in a fiscal year, no State
22 agency has authority to enter into any such new contract,
23 renewal, order, amendment, or change, or to file it with the
24 Comptroller, or to make payment thereon, unless and until it
25 has been approved in writing or signed by at least the
26 following 3 individuals:
27 (1) the director, secretary, or chief executive of
28 the State agency;
29 (2) the agency's State purchasing officer; and
30 (3) the chief legal counsel of the State agency;
31 provided, however, that if it does not employ a chief
32 legal counsel, then a senior administrative official of
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1 the State agency.
2 (b) Artificial division. Procurements shall not be
3 artificially divided to avoid the requirements of this
4 Section.
5 (c) Notification. The State purchasing officer shall
6 notify the Board and the Inspector General within 10 days of
7 the execution of any contract pursuant to this Section.
8 Section 20-60. Duration of contracts.
9 (a) Maximum duration. A contract may be entered into
10 for any period of time deemed by the Board to be in the best
11 interests of the State but not exceeding 10 years. The
12 length of a lease for real property or capital improvements
13 may be in accordance with the provisions of Section 40-25.
14 (b) Subject to appropriation. All contracts made or
15 entered into shall recite that they are subject to
16 termination and cancellation in any year for which the
17 General Assembly fails to make an appropriation to make
18 payments under the terms of the contract.
19 Section 20-65. Right to audit records.
20 (a) Maintenance of books and records. Every contract
21 and subcontract shall require the contractor or
22 subcontractor, as applicable, to maintain books and records
23 relating to the performance of the contract or subcontract
24 and necessary to support amounts charged to the State under
25 the contract or subcontract. The books and records shall be
26 maintained by the contractor for a period of 5 years from the
27 later of the date of final payment under the contract or
28 completion of the contract and by the subcontractor for a
29 period of 5 years from the later of the date of final payment
30 under the subcontract or completion of the subcontract.
31 However, the 5-year period shall be extended for the duration
32 of any audit in progress at the time of that period's
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1 expiration.
2 (b) Audit. Every contract and subcontract shall provide
3 that all books and records required to be maintained under
4 subsection (a) shall be available for review and audit by the
5 Auditor General and the purchasing agency. Every contract
6 and subcontract shall require the contractor and
7 subcontractor, as applicable, to cooperate fully with any
8 audit.
9 (c) Failure to maintain books and records. Failure to
10 maintain the books and records required by this Section shall
11 establish a presumption in favor of the State for the
12 recovery of any funds paid by the State for which required
13 books and records are not available.
14 Section 20-70. Finality of determinations.
15 Determinations made by a purchasing agency under this Code
16 are final and conclusive unless they are clearly erroneous,
17 arbitrary, capricious, or contrary to law.
18 Section 20-75. Disputes and protests. The Board shall
19 by rule establish procedures to be followed by purchasing
20 agencies in resolving protested solicitations and awards and
21 contract controversies, for debarment or suspension of
22 contractors, and for resolving other procurement-related
23 disputes.
24 Section 20-80. Contract files.
25 (a) Written determinations. All written determinations
26 required under this Article shall be placed in the contract
27 file maintained by the purchasing agency.
28 (b) Filing with Comptroller. Except for (1) contracts
29 paid from personal services or (2) contracts between the
30 State and its employees to defer compensation in accordance
31 with Article 24 of the Illinois Pension Code, whenever a
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1 contract liability exceeding $10,000 is incurred by any State
2 agency, a copy of the contract, purchase order, or lease
3 shall be filed with the Comptroller within 15 days
4 thereafter. Any cancellation or modification to any such
5 contract liability shall be filed with the Comptroller within
6 15 days after its execution.
7 (c) Late filing affidavit. When a contract, purchase
8 order, or lease required to be filed by this Section has not
9 been filed within 30 days after execution, the Comptroller
10 shall refuse to issue a warrant for payment thereunder until
11 the agency files with the Comptroller the contract, purchase
12 order, or lease and an affidavit, signed by the chief
13 executive officer of the agency or his or her designee,
14 setting forth an explanation of why the contract liability
15 was not filed within 30 days after execution. A copy of this
16 affidavit shall be filed with the Inspector General.
17 (d) Professional and artistic services contracts. No
18 voucher shall be submitted to the Comptroller for a warrant
19 to be drawn for the payment of money from the State treasury
20 or from other funds held by the State Treasurer on account of
21 any contract for services involving professional or artistic
22 skills involving an expenditure of more than $5,000 for the
23 same type of service at the same location during any fiscal
24 year unless the contract is reduced to writing before the
25 services are performed and filed with the Comptroller. When
26 a contract for professional or artistic skills in excess of
27 $5,000 was not reduced to writing before the services were
28 performed, the Comptroller shall refuse to issue a warrant
29 for payment for the services until the State agency files
30 with the Comptroller:
31 (1) a written contract covering the services, and
32 (2) an affidavit, signed by the chief executive
33 officer of the State agency or his or her designee,
34 stating that the services for which payment is being made
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1 were agreed to before commencement of the services and
2 setting forth an explanation of why the contract was not
3 reduced to writing before the services commenced.
4 A copy of this affidavit shall be filed with the Inspector
5 General. The Comptroller shall maintain professional or
6 artistic service contracts filed under this Section
7 separately from other filed contracts.
8 (e) Method of source selection. When a contract is
9 filed with the Comptroller under this Section, the
10 Comptroller's file shall identify the method of source
11 selection used in obtaining the contract.
12 Section 20-85. List of State contractors and bidders.
13 Each State purchasing officer and each construction agency
14 shall compile and maintain a list of all vendors, bidders,
15 and contractors who submit a bid, proposal, or other type of
16 offer, whether successful or unsuccessful. The list shall be
17 forwarded to the Board as provided by Board rules. The Board
18 shall compile and maintain a complete list of all bidders for
19 all State agencies. The Board shall update the list and
20 publish it in the Procurement Bulletin at least
21 semi-annually. The list shall be made publicly available.
22 Section 20-90. Federal requirements. A State agency
23 receiving federal funds shall have authority to adapt its
24 procedures, rules, project statements, drawings, maps,
25 surveys, plans, specifications, contract terms, estimates,
26 bid forms, bond forms, and other documents or practices
27 necessary to comply with the regulations, policies, and
28 procedures of the designated authority, administration or
29 department of the United States in order to remain eligible
30 for such federal funds; provided that procurement by any such
31 State agency using non-federal funds shall be subject to the
32 provisions of this Code.
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1 Section 20-95. Foreign country procurements.
2 Procurements to meet the needs of State offices located in
3 foreign countries shall comply with the provisions of this
4 Code to the extent practical.
5 Section 20-105. Donations. Nothing in this Code or in
6 the rules promulgated hereunder shall prevent any State
7 agency from complying with the terms and conditions of any
8 grant, gift, or bequest which calls for the procurement of a
9 particular good or service, or use of a particular
10 contractor, provided the grant, gift, or bequest provides
11 complete funding for the contract.
12 ARTICLE 25
13 SUPPLIES AND SERVICES (EXCLUDING
14 PROFESSIONAL OR ARTISTIC)
15 Section 25-5. Applicability. All contracts for supplies
16 and services shall be procured in accordance with the
17 provisions of this Article.
18 Section 25-10. Authority. State purchasing officers
19 shall have the authority to procure supplies and services,
20 except as that authority may be limited by the Board or
21 delegated by the State purchasing officer in accordance with
22 Section 10-15.
23 Section 25-15. Method of source selection. Except as
24 provided in Sections 20-20, 20-25, and 20-30, all State
25 contracts for supplies and services shall be awarded by
26 competitive sealed bidding in accordance with Section 20-10.
27 Section 25-20. Prevailing wage requirements.
28 (a) Applicability. All services furnished under
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1 printing contracts exceeding $25,000 and under service
2 contracts exceeding $2,000 or $200 per month shall be
3 performed by employees of the contractor receiving the
4 prevailing wage rate and working under conditions prevalent
5 in the locality in which the work is produced. A contract
6 bidder or offeror, in order to be considered a responsible
7 bidder or offeror for the purposes of this Code, shall
8 certify to the State purchasing officer that wages paid to
9 its employees are no less, and fringe benefits and working
10 conditions of employees are not less favorable, than those
11 prevailing in the locality where the contract is to be
12 performed. Prevailing wages and working conditions shall be
13 determined by the Director of Labor. Whenever a collective
14 bargaining agreement is in effect between an employer, other
15 than a State agency, and service or printing employees as
16 defined in this Section who are represented by a responsible
17 organization that is in no way influenced or controlled by
18 the management, that agreement and its provisions shall be
19 considered as conditions prevalent in that locality and shall
20 be the minimum requirements taken into consideration by the
21 Director of Labor. Collective bargaining agreements between
22 State employees and the State of Illinois shall not be taken
23 into account by the Department of Labor in determining the
24 prevailing wage rate.
25 (b) Services and printing defined. As used in this
26 Section, "services" means janitorial cleaning services,
27 window cleaning services, food services, and security
28 services. "Printing" means all processes and operations
29 involved in printing and any type of photographic
30 reproduction or other duplicating process, including but not
31 limited to letterpress, offset, and gravure processes, the
32 multilith method, any type of photographic or other
33 duplicating process, and the operations of composition,
34 platemaking, presswork, and binding; and the end products of
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1 those processes, methods, and operations. As used in this
2 Section "printing" does not include photocopiers used in the
3 course of normal business activities, photographic equipment
4 used for geographic mapping, printed matter used in the
5 normal day to day operations of the General Assembly, the
6 printing of State Lottery tickets, shares, or other State
7 Lottery game related materials, or preprinted or printed
8 matter that is commonly available to the general public from
9 contractor inventory.
10 (c) Inapplicability. This Section does not apply to
11 services furnished under contracts for professional or
12 artistic services. This Section does not apply to vocational
13 programs of training for persons with physical or mental
14 disabilities.
15 Section 25-30. More favorable terms. A supply or
16 service contract may include, if determined by a State
17 purchasing officer to be in the best interests of the State,
18 a clause requiring that if more favorable terms are granted
19 by the contractor to any similar state or local governmental
20 agency in any state in a contemporaneous agreement let under
21 the same or similar financial terms and circumstances for
22 comparable supplies or services, the more favorable terms
23 shall be applicable under the contract.
24 Section 25-35. Purchase of coal and postage stamps.
25 (a) Delivery of necessary supplies. To avoid
26 interruption or impediment of delivery of necessary supplies,
27 commodities, and coal, State purchasing officers may make
28 purchases of or contracts for supplies and commodities after
29 April 30 of a fiscal year when delivery of the supplies and
30 commodities is to be made after June 30 of that fiscal year
31 and payment for which is to be made from appropriations for
32 the next fiscal year.
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1 (b) Postage. All postage stamps purchased from State
2 funds must be perforated for identification purposes. A
3 General Assembly member may furnish the U.S. Post Office with
4 a warrant so as to allow for the creation or continuation of
5 a bulk rate mailing fund in the name of the General Assembly
6 member or may furnish a postage meter company or post office
7 with a warrant so as to facilitate the purchase of a postage
8 meter and its stamps. Any postage meter so purchased must
9 also contain a stamp that shall state "Official State Mail".
10 Section 25-40. Freight increases. If the Illinois
11 Department of Transportation provides by contract or
12 regulation that general increases in freight rates incurred
13 by a contractor after entering into the contract may be added
14 to the contract price or passed through to the Department,
15 then this remedy shall be available to the contractor whether
16 the increased general freight rates are for railroads, barge
17 lines, or motor carriers of property.
18 Section 25-45. Energy conservation program. State
19 purchasing officers may enter into energy conservation
20 program contracts that provide for utility cost savings. The
21 Board shall promulgate and adopt rules for the implementation
22 of this Section.
23 Section 25-55. Annual reports. Every printed annual
24 report produced by a State agency shall bear a statement
25 indicating whether it was printed by the State of Illinois or
26 by contract and indicating the printing cost per copy and the
27 number of copies printed. The Department of Central
28 Management Services shall prepare and submit to the General
29 Assembly on the fourth Wednesday of January in each year a
30 report setting forth with respect to each State agency for
31 the calendar year immediately preceding the calendar year in
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1 which the report is filed the total quantity of annual
2 reports printed, the total cost, and the cost per copy and
3 the cost per page of the annual report of the State agency
4 printed during the calendar year covered by the report.
5 Section 25-60. General Assembly printing; session laws.
6 (a) Authority. Public printing for the use of either
7 House of the General Assembly shall be subject to its
8 control. Any printing or operation of printing that the
9 Legislative Printing Unit is unable to perform may be
10 purchased in accordance with this Article.
11 (b) Time of delivery. Daily calendars, journals, and
12 other similar printing for which manuscript or copy is
13 delivered to the Legislative Printing Unit by the clerical
14 officer of either House shall be printed so as to permit
15 delivery at any reasonable time required by the clerical
16 officer. Any petition, bill, resolution, joint resolution,
17 memorial, and similar manuscript or copy delivered to the
18 Legislative Printing Unit by the clerical officer of either
19 House shall be printed at any reasonable time required by
20 that officer.
21 (c) Style. The manner, form, style, size, and
22 arrangement of type used in printing the bills, resolutions,
23 amendments, conference reports, and journals, including daily
24 journals, of the General Assembly shall be as provided in the
25 Rules of the General Assembly.
26 (d) Daily journal. The Clerk of the House of
27 Representatives and the Secretary of the Senate shall each
28 prepare and deliver to the Legislative Printing Unit,
29 immediately after the close of each daily session, a
30 printer's copy of the daily journal for their respective
31 House.
32 (e) Daily and bound journals.
33 (1) Subscriptions. The Legislative Printing Unit
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1 shall have printed the number of copies of the daily
2 journal as may be requested by the clerical officer of
3 each House. The Secretary of the Senate and the Clerk of
4 the House of Representatives shall furnish a copy of each
5 daily journal of their respective House to those persons
6 who apply therefor upon payment of a reasonable
7 subscription fee established separately by the Secretary
8 of the Senate and the Clerk of the House for their
9 respective House. Each subscriber shall specify at the
10 time he or she subscribes the address where he or she
11 wishes the journals mailed. The daily journals shall be
12 furnished free of charge on a pickup basis to State
13 offices and to the public as long as the supply lasts.
14 The Secretary of the Senate and the Clerk of the House
15 shall determine the number of journals available for
16 pickup at their respective offices.
17 (2) Other copies. After the General Assembly
18 adjourns, the Clerk of the House and the Secretary of the
19 Senate shall prepare and deliver to the Legislative
20 Printing Unit a printer's copy of matter for the regular
21 House and Senate journals, together with any matter, not
22 previously printed in the daily journals, that is
23 required by law, by order of either House, or by joint
24 resolution to be printed in the journals. The
25 Legislative Printing Unit shall have printed the number
26 of copies of the bound journal as may be requested by the
27 clerical officer of each House. A reasonable number of
28 bound volumes of the journal of each House of the General
29 Assembly shall be provided to State and local officers,
30 boards, commissions, institutions, departments, agencies,
31 and libraries requesting them through canvasses conducted
32 separately by the Secretary of the Senate and the Clerk
33 of the House. Reasonable fees established separately by
34 the Secretary of the Senate and the Clerk of the House
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1 may be charged for bound volumes of the journal of each
2 House of the General Assembly.
3 (f) Session laws. Immediately after the General Assembly
4 adjourns, the Secretary of State shall prepare a printer's
5 copy for the "Session Laws of Illinois" that shall set forth
6 in full all Acts and joint resolutions passed by the General
7 Assembly at the session just concluded and all executive
8 orders of the Governor taking effect under Article V, Section
9 11 of the Constitution and the Executive Reorganization
10 Implementation Act. The printer's copy shall be furnished
11 and delivered to the Secretary of State by the Enrolling and
12 Engrossing Department of the 2 Houses. At the time an
13 enrolled law is filed with the Secretary of State, whether
14 before or after the conclusion of the session in which it was
15 passed, it shall be assigned a Public Act number, the first
16 part of which shall be the number of the General Assembly
17 followed by a dash and then a number showing the order in
18 which that law was filed with the Secretary of State. The
19 title page of each volume of the session laws shall contain
20 the following: "Printed by the authority of the General
21 Assembly of the State of Illinois". The laws shall be
22 arranged by the Secretary of State and printed in the
23 chronological order of Public Act numbers. At the end of
24 each Act the dates when the Act was passed by the General
25 Assembly and when the Act was approved by the Governor shall
26 be stated. Any Act becoming law without the approval of the
27 Governor shall be marked at its end in the session laws by
28 the printed certificate of the Secretary of State. Executive
29 orders taking effect under Article V, Section 11 of the
30 Constitution and the Executive Reorganization Implementation
31 Act shall be printed in chronological order of executive
32 order number and shall state at the end of each executive
33 order the date it was transmitted to the General Assembly and
34 the date it takes effect. In the case of an amendatory Act,
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1 the changes made by the amendatory Act shall be indicated in
2 the session laws in the following manner: (i) all new matter
3 shall be underscored; and (ii) all matter deleted by the
4 amendatory Act shall be shown crossed with a line. The
5 Secretary of State shall prepare and furnish a table of
6 contents and an index to each volume of the session laws.
7 (g) Distribution. The bound volumes of the session laws
8 of the General Assembly shall be made available to the
9 following:
10 (1) one copy of each to each State officer, board,
11 commission, institution, and department requesting a copy
12 in accordance with a canvass conducted by the Secretary
13 of State before the printing of the session laws except
14 judges of the appellate courts and judges and associate
15 judges of the circuit courts;
16 (2) 10 copies to the law library of the Supreme
17 Court; one copy each to the law libraries of the
18 appellate courts; and one copy to each of the county law
19 libraries or, in those counties without county law
20 libraries, one copy to the clerk of the circuit court;
21 (3) one copy of each to each county clerk;
22 (4) 10 copies of each to the library of the
23 University of Illinois;
24 (5) 3 copies of each to the libraries of the
25 University of Illinois at Chicago, Southern Illinois
26 University at Carbondale, Southern Illinois University at
27 Edwardsville, Northern Illinois University, Western
28 Illinois University, Eastern Illinois University,
29 Illinois State University, Chicago State University,
30 Northeastern Illinois University, Chicago Kent College of
31 Law, DePaul University, John Marshall Law School, Loyola
32 University, Northwestern University, Roosevelt
33 University, and the University of Chicago;
34 (6) a number of copies sufficient for exchange
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1 purposes to the Legislative Reference Bureau and the
2 University of Illinois College of Law Library;
3 (7) a number of copies sufficient for public
4 libraries in the State and the State Library; and
5 (8) the remainder shall be retained for
6 distribution as the interests of the State may require to
7 persons making application in writing or in person for
8 the publication.
9 (h) Messages and reports. The following shall be
10 printed in a quantity not to exceed the maximum stated in
11 this subsection and bound and distributed at public expense:
12 (1) messages to the General Assembly by the
13 Governor, 10,000 copies;
14 (2) the biennial report of the Lieutenant Governor,
15 1,000 copies;
16 (3) the biennial report of the Secretary of State,
17 3,000 copies;
18 (4) the biennial report of the State Comptroller,
19 5,000 copies;
20 (5) the biennial report of the State Treasurer,
21 3,000 copies;
22 (6) the annual report of the State Board of
23 Education, 6,000 copies; and
24 (7) the biennial report and annual opinions of the
25 Attorney General, 5,000 copies.
26 The reports of all other State officers, boards,
27 commissions, institutions, and departments shall be printed,
28 bound, and distributed at public expense in a number of
29 copies determined from previous experience not to exceed the
30 probable and reasonable demands of the State therefor. Any
31 other report required by law to be made to the Governor
32 shall, upon his or her order, be printed in the quantity
33 ordered by the Governor, bound and distributed at public
34 expense.
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1 (i) Prohibition. All books, pamphlets, documents, and
2 reports published through or by the State of Illinois or any
3 State agency, board, or commission shall have printed thereon
4 "Printed by authority of the State of Illinois", the date of
5 each publication, the number of copies printed, and the
6 printing order number. Each using agency shall be
7 responsible for ascertaining the compliance of printing
8 materials procured by or for it with this subsection. No
9 printing or reproduction contract shall be let and no
10 printing or reproduction shall be accomplished when that
11 wording does not appear on the material to be printed or
12 reproduced. No publication may have written, stamped, or
13 printed on it, or attached to it, "Compliments of ........
14 (naming a person)" or any words of similar import.
15 Section 25-65. Printing cost offsets. The chief
16 procurement officers may promulgate rules permitting the
17 exchange of advertising rights in or receipt of free copies
18 of printed products procured under this Article as a means of
19 reducing printing costs. The rules shall specify the
20 appropriate method of source selection to be used to
21 competitively acquire printing cost offsets.
22 ARTICLE 30
23 CONSTRUCTION AND CONSTRUCTION-
24 RELATED PROFESSIONAL SERVICES
25 Section 30-5. Applicability. Construction and
26 construction-related professional services shall be procured
27 in accordance with this Article.
28 Section 30-10. Authority. Construction agencies shall
29 have the authority to procure construction and
30 construction-related professional services.
-37- LRB9008460JMmbam03
1 Section 30-15. Method of source selection.
2 (a) Competitive sealed bidding. Except as provided
3 otherwise by this Code or by other law, all State
4 construction contracts shall be awarded by competitive sealed
5 bidding in accordance with Section 20-10.
6 (b) Construction-related professional services. All
7 construction-related professional services contracts shall be
8 awarded in accordance with the provisions of the
9 Architectural, Engineering, and Land Surveying Qualifications
10 Based Selection Act and Article 35 of this Code.
11 "Professional services" means those services within the scope
12 of the practice of architecture, professional engineering,
13 structural engineering, or registered land surveying, as
14 defined by the laws of this State.
15 (c) Correctional facilities. Remodeling and
16 rehabilitation projects at correctional facilities under
17 $25,000 are exempt from the provisions of this Code only when
18 the Department of Corrections uses inmate labor for the
19 remodeling or rehabilitation.
20 Section 30-20. Prequalification. The Board shall
21 promulgate rules for the development of prequalified supplier
22 lists for construction and construction-related professional
23 services and the periodic updating of those lists.
24 Construction and construction-related professional services
25 contracts over $25,000 may be awarded to any qualified
26 suppliers pursuant to the provisions of this Code.
27 Section 30-25. Retention of a percentage of contract
28 price. Whenever any contract entered into by a construction
29 agency for the repair, remodeling, renovation, or
30 construction of a building or structure, for the construction
31 or maintenance of a highway, as those terms are defined in
32 Article 2 of the Illinois Highway Code, or for the
-38- LRB9008460JMmbam03
1 reclamation of abandoned lands as those terms are defined in
2 Article I of the Abandoned Mined Lands and Water Reclamation
3 Act provides for the retention of a percentage of the
4 contract price until final completion and acceptance of the
5 work, upon the request of the contractor and with the
6 approval of the construction agency the amount so retained
7 may be deposited under a trust agreement with an Illinois
8 bank of the contractor's choice and subject to the approval
9 of the construction agency. The contractor shall receive any
10 interest on the deposited amount. Upon application by the
11 contractor, the trust agreement must contain, at a minimum,
12 the following provisions:
13 (1) the amount to be deposited subject to the
14 trust;
15 (2) the terms and conditions of payment in case of
16 default by the contractor;
17 (3) the termination of the trust agreement upon
18 completion of the contract; and
19 (4) the contractor shall be responsible for
20 obtaining the written consent of the bank trustee and for
21 any costs or service fees.
22 The trust agreement may, at the discretion of the
23 construction agency and upon request of the contractor,
24 become effective at the time of the first partial payment in
25 accordance with existing statutes and rules of the Board.
26 Section 30-30. Contracts in excess of $250,000. For
27 construction contracts in excess of $250,000, separate
28 specifications shall be prepared for all equipment, labor,
29 and materials in connection with the following 5 subdivisions
30 of the work to be performed:
31 (1) plumbing;
32 (2) heating, piping, refrigeration, and automatic
33 temperature control systems, including the testing and
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1 balancing of those systems;
2 (3) ventilating and distribution systems for
3 conditioned air, including the testing and balancing of
4 those systems;
5 (4) electric wiring; and
6 (5) general contract work.
7 The specifications must be so drawn as to permit separate
8 and independent bidding upon each of the 5 subdivisions of
9 work. All contracts awarded for any part thereof shall award
10 the 5 subdivisions of work separately to responsible and
11 reliable persons, firms, or corporations engaged in these
12 classes of work. The contracts, at the discretion of the
13 construction agency, may be assigned to the successful bidder
14 on the general contract work or to the successful bidder on
15 the subdivision of work designated by the construction agency
16 before the bidding as the prime subdivision of work, provided
17 that all payments will be made directly to the contractors
18 for the 5 subdivisions of work upon compliance with the
19 conditions of the contract. A contract may be let for one or
20 more buildings in any project to the same contractor. The
21 specifications shall require, however, that unless the
22 buildings are identical, a separate price shall be submitted
23 for each building. The contract may be awarded to the lowest
24 responsible bidder for each or all of the buildings included
25 in the specifications.
26 Section 30-35. Expenditure in excess of contract price.
27 (a) Germaneness. No funds in excess of the contract
28 price may be obligated or expended unless the additional work
29 to be performed or materials to be furnished is germane to
30 the original contract. Even if germane to the original
31 contract, no additional expenditures or obligations may, in
32 their total combined amounts, be in excess of the percentages
33 of the original contract amount set forth in subsection (b)
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1 unless they have received the prior written approval of the
2 construction agency. In the event that the total of the
3 combined additional expenditures or obligations exceeds the
4 percentages of the original contract amount set forth in
5 subsection (b), the construction agency shall investigate all
6 the additional expenditures or obligations in excess of the
7 original contract amount and shall in writing approve or
8 disapprove subsequent expenditures or obligations and state
9 in detail the reasons for the approval or disapproval.
10 (b) Written determination required. When the contract
11 amount is no more than $75,000, the percentage shall be 9%
12 (maximum $6,750). When the contract amount is between
13 $75,001 and $200,000, the percentage shall be 7% of the
14 amount above $75,000 plus $6,750, but not to exceed 7% of
15 $200,000 (maximum $14,000). When the contract amount is
16 between $200,001 and $500,000, the percentage shall be 5% of
17 the amount above $200,000 plus $14,000, but not to exceed 5%
18 of $500,000 (maximum $25,000). When the contract amount is
19 in excess of $500,000, the percentage shall be 3% of the
20 amount above $500,000 plus $25,000.
21 Section 30-40. Certification. Any contract entered into
22 or expenditure of funds by a construction agency for
23 remodeling, renovation, or construction, involving an
24 expenditure in excess of $10,000, shall be subject to the
25 supervision of a licensed architect or engineer. No payment
26 shall be made for the remodeling, renovation, or construction
27 unless the vouchers or invoice for the work is accompanied by
28 a written certificate of the licensed architect or engineer
29 that the payment represents work satisfactorily completed,
30 labor, or materials incorporated in or stored at the site of
31 the work; provided, periodic payments can be made during the
32 course of the work upon a certificate of the licensed
33 architect or engineer indicating the proportionate amount of
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1 the total work completed satisfactorily. Architect or
2 engineer supervision and certification shall not apply to
3 refurbishing, repair, or maintenance projects that are
4 determined by the Illinois Capital Development Board's
5 Executive Director or its designated technical staff as not
6 being the practice of architecture as defined in Section 3 of
7 the Illinois Architecture Practice Act of 1989, nor the
8 practice of professional engineering as defined in Section 3
9 of the Professional Engineering Practice Act of 1989, nor the
10 practice of structural engineering as defined in Section 5 of
11 the Structural Engineering Licensing Act of 1989.
12 Section 30-45. Other Acts. This Article is subject to
13 applicable provisions of the following Acts:
14 (1) the Prevailing Wage Act;
15 (2) the Public Construction Bond Act;
16 (3) the Public Works Employment Discrimination Act;
17 (4) the Public Works Preference Act;
18 (5) the Employment of Illinois Workers on Public
19 Works Act;
20 (6) the Public Contract Fraud Act; and
21 (7) the Illinois Construction Evaluation Act.
22 ARTICLE 35
23 PROFESSIONAL OR ARTISTIC SERVICES
24 Section 35-5. Applicability. All contracts for
25 professional or artistic services shall be procured in
26 accordance with the provisions of this Article.
27 Section 35-10. Authority. Each State agency shall have
28 the authority to procure its own professional or artistic
29 services.
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1 Section 35-15. Method of source selection. Competitive
2 selection procedures. Except as provided otherwise by this
3 Code or by other law, all State contracts for professional or
4 artistic services of less than $50,000 shall be awarded by a
5 competitive request for proposal process in accordance with
6 this Section and Section 20-35. Except as provided otherwise
7 by this Code or by other law, all State contracts for
8 professional or artistic services of $50,000 or more shall be
9 awarded by competitive sealed bidding in accordance with
10 Section 20-10. Nothing in this Section shall prohibit a
11 contract of less than $50,000 from being awarded by
12 competitive sealed bidding in accordance with Section 20-10.
13 Section 35-17. Prequalification.
14 (a) The Board shall develop appropriate and reasonable
15 prequalification standards and categories of professional and
16 artistic services.
17 (b) The prequalifications and categorizations shall be
18 published for public comment prior to their submission to the
19 Joint Committee on Administrative Rules for approval.
20 (c) Each State purchasing officer shall assemble and
21 maintain a comprehensive list of prequalified and categorized
22 businesses and persons.
23 (d) Prequalification shall not be used to bar or prevent
24 any qualified business or person for bidding or responding to
25 invitations for bid or proposal.
26 Section 35-20. Uniformity in procurement.
27 (a) The Board shall develop, cause to be printed, and
28 distribute uniform documents for the solicitation, review,
29 and acceptance of all professional and artistic services.
30 (b) All State purchasing officers and their designees
31 shall use the uniform procedures and forms specified in this
32 Code for all professional and artistic services.
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1 (c) These forms shall include in detail, in writing, at
2 least:
3 (1) a description of the goal to be achieved;
4 (2) the services to be performed;
5 (3) the need for the service;
6 (4) the qualifications that are necessary; and
7 (5) a plan for post-performance review.
8 Section 35-25. Uniformity in contract.
9 (a) The Board shall develop, cause to be printed, and
10 distribute uniform documents for the contracting of
11 professional and artistic services.
12 (b) All State purchasing officers and their designees
13 shall use these uniform contracts and forms in contracting
14 for all professional and artistic services.
15 (c) These contracts and forms shall include in detail,
16 in writing, at least:
17 (1) the detail listed in subsection (c) of Section
18 35-20;
19 (2) the duration of the contract, with a schedule
20 of delivery, when applicable;
21 (3) the method for charging and measuring cost
22 (hourly, per day, etc.);
23 (4) the rate of remuneration; and
24 (5) the maximum price.
25 Section 35-30. Awards.
26 (a) All State contracts for professional and artistic
27 services that are awarded using the competitive request for
28 proposal process shall be awarded as outlined in this
29 Section.
30 (b) For each contract offered, the chief procurement
31 officer, State purchasing officer, or his or her designee
32 shall use the appropriate standard solicitation forms
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1 available from the Board.
2 (c) Prepared forms shall be submitted to the State
3 purchasing officer for publication in the Illinois
4 Procurement Bulletin and circulation to the State purchasing
5 officer's list of prequalified vendors. Notice of the offer
6 or request for proposal shall appear at least 28 days before
7 the response to the offer is due.
8 (d) All interested respondents shall return their
9 responses to the State purchasing officer, who shall open and
10 record them. The State purchasing officer then shall forward
11 the responses, together with any information he or she has
12 available about the qualifications and other State work of
13 the respondents.
14 (e) After evaluation, ranking, and selection, the
15 responsible State purchasing officer, or his or her designee
16 shall notify the Board of the successful respondent and shall
17 forward a copy of the signed contract for the Board's file.
18 The Board shall publish the names of the responsible
19 procurement decision-maker, the agency letting the contract,
20 the successful respondent, a contract reference, and value of
21 the let contract in the next appropriate volume of the
22 Illinois Procurement Bulletin.
23 (f) For all professional and artistic contracts with
24 annualized value that exceeds $25,000, evaluation and ranking
25 by price are required. When the lowest proposal is not
26 selected, the chief procurement officer or the State
27 purchasing officer shall forward together with the contract
28 notice of who made the low proposal and a written decision as
29 to why another was selected to the Board. The Board shall
30 publish as provided in subsection (e), but shall include
31 notice of the chief procurement officer's or State purchasing
32 officer's written decision.
33 Section 35-32. Exception to competitive request for
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1 proposal procedure.
2 (a) An exception to Section 35-30 is allowed at the
3 discretion of the chief procurement officer or the State
4 purchasing officer, but not their designees, for professional
5 and artistic contracts that are nonrenewable, are one year or
6 less in duration, and have a value of less than $10,000.
7 (b) All exceptions granted under this Section must still
8 be submitted to the Board and published as provided in
9 subsection (f) of Section 35-30, shall name the authorizing
10 chief procurement officer or State purchasing officer, and
11 shall include a brief explanation of the reason for the
12 exception.
13 Section 35-35. Subcontractors.
14 (a) Use specified. Any contract for professional or
15 artistic services shall state whether the services of a
16 subcontractor will be used. The contract shall include the
17 names and addresses of all subcontractors and the anticipated
18 amount of money that they will receive under the contract.
19 (b) Amendment. If at any time a contractor for
20 professional or artistic services that had not intended to
21 use the services of a subcontractor decides to use a
22 subcontractor, the contractor and the State agency shall file
23 an amendment to the original contract with the Comptroller
24 stating the names and addresses of all subcontractors and the
25 anticipated amount of money that they will receive under the
26 original contract.
27 ARTICLE 40
28 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
29 Section 40-5. Applicability. All leases for real
30 property or capital improvements, including office and
31 storage space, buildings, and other facilities for State
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1 agencies, shall be procured in accordance with the provisions
2 of this Article.
3 Section 40-10. Authority. State purchasing officers
4 shall have the authority to procure leases for real property
5 or capital improvements, except as that authority may be
6 limited by the Board or delegated by the State purchasing
7 officer in accordance with Section 10-15.
8 Section 40-15. Method of source selection.
9 (a) Request for information. Except as provided in
10 subsections (b) and (c), all State contracts for leases of
11 real property or capital improvements shall be awarded by a
12 request for information process in accordance with Section
13 40-20.
14 (b) Other methods. A request for information process
15 need not be used in procuring any of the following leases:
16 (1) Property of less than 10,000 square feet.
17 (2) Rent of less than $100,000 per year.
18 (3) Duration of less than one year that cannot be
19 renewed.
20 (4) Specialized space available at only one
21 location.
22 (c) Leases with governmental units. Leases with other
23 governmental units may be negotiated without using the
24 request for information process when deemed by the Board to
25 be in the best interest of the State.
26 Section 40-20. Request for information.
27 (a) Conditions for use. Leases shall be procured by
28 request for information except as otherwise provided in
29 Section 40-15.
30 (b) Form. A request for information shall be issued and
31 shall include:
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1 (1) the type of property to be leased;
2 (2) the proposed uses of the property;
3 (3) the duration of the lease;
4 (4) the preferred location of the property; and
5 (5) a general description of the configuration
6 desired.
7 (c) Public notice. Public notice of the request for
8 information for the availability of real property to lease
9 shall be published in the Illinois Procurement Bulletin at
10 least 14 days before the date set forth in the request for
11 receipt of responses and shall also be published in similar
12 manner in a newspaper of general circulation in the community
13 or communities where the using agency is seeking space.
14 (d) Response. The request for information response
15 shall consist of written information sufficient to show that
16 the respondent can meet minimum criteria set forth in the
17 request. State purchasing officers may enter into
18 discussions with respondents for the purpose of clarifying
19 State needs and the information supplied by the respondents.
20 On the basis of the information supplied and discussions, if
21 any, a State purchasing officer shall make a written
22 determination identifying the responses that meet the minimum
23 criteria set forth in the request for information.
24 Negotiations shall be entered into with all qualified
25 respondents for the purpose of securing a lease that is in
26 the best interest of the State. A written report of the
27 negotiations shall be retained in the lease files and shall
28 include the reasons for the final selection. All leases
29 shall be reduced to writing and filed in accordance with the
30 provisions of Section 20-80.
31 (e) Exceptions. A request for information process need
32 not be used and the procurement may be negotiated when,
33 according to Board rules, the purchasing officer determines
34 that negotiations are in the best interest of the State in
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1 the following situations:
2 (1) renewal or extension of leases;
3 (2) temporary space as defined by rule; or
4 (3) specialized space available at only one
5 location and parking.
6 Section 40-25. Length of leases.
7 (a) Maximum term. Leases shall be for a term not to
8 exceed 10 years and shall include a termination option in
9 favor of the State after 5 years.
10 (b) Renewal. Leases may include a renewal option. An
11 option to renew may be exercised only when a State purchasing
12 officer determines in writing that renewal is in the best
13 interest of the State.
14 (c) Subject to appropriation. All leases shall recite
15 that they are subject to termination and cancellation in any
16 year for which the General Assembly fails to make an
17 appropriation to make payments under the terms of the lease.
18 Section 40-30. Purchase option. Initial leases of all
19 space in entire, free-standing buildings shall include an
20 option to purchase exerciseable by the State, unless the
21 purchasing officer determines that inclusion of such purchase
22 option is not in the State's best interest and makes that
23 determination in writing along with the reasons for making
24 that determination. Leases from governmental units and
25 not-for-profit entities are exempt from requirements of this
26 Section.
27 Section 40-35. Rent without occupancy. Except when
28 deemed by the Board to be in the best interest of the State,
29 no State agency may incur rental obligations before occupying
30 the space rented.
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1 Section 40-40. Local site preferences. Upon the request
2 of the chief executive officer of a unit of local government,
3 leasing preferences may be given to sites located in
4 enterprise zones, tax increment districts, or redevelopment
5 districts.
6 ARTICLE 42
7 CONCESSIONS
8 Section 42-10. Concessions and leases of State property.
9 (a) Authority. Concessions, including the assignment,
10 license, sale, or transfer of interests in or rights to
11 discoveries, inventions, patents, or copyrightable works, and
12 leases of State property, including easements, may be entered
13 into by the State agency with jurisdiction over the property,
14 whether tangible or intangible.
15 (b) Awards. All concessions and leases of State
16 property shall be reduced to writing and shall be awarded
17 under the provisions of Article 20, except that the contract
18 shall be awarded to the highest and best bidder or offeror.
19 Section 42-20. Contract duration and terms. The
20 duration and terms of concessions and leases of State
21 property shall be in accordance with applicable law or rule.
22 ARTICLE 45
23 PREFERENCES
24 Section 45-5. Procurement preferences. To promote
25 business and employment opportunities in Illinois,
26 procurement preferences are established and shall be
27 applicable to any procurement made under this Code.
28 Section 45-10. Resident bidders.
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1 (a) Amount of preference.
2 (1) A resident contractor shall be allowed a
3 preference as against a non-resident contractor in the
4 event of a tie bid.
5 (2) A resident contractor shall be allowed a
6 preference as against a non-resident contractor from any
7 state that gives or requires a preference to contractors
8 from that state. The preference shall be equal to the
9 preference given or required by the state of the
10 non-resident contractor.
11 (3) If only non-resident contractors are competing,
12 the purchasing agency is within its right to specify that
13 Illinois labor and manufacturing locations be used as a
14 part of the manufacturing process, if applicable. This
15 specification may be negotiated as part of the
16 procurement process.
17 (b) Residency. A resident bidder is a person authorized
18 to transact business in this State and having a bona fide
19 establishment for transacting business within this State
20 where it was actually transacting business on the date when
21 any bid for a public contract is first advertised or
22 announced. A resident bidder includes a foreign corporation
23 duly authorized to transact business in this State that has a
24 bona fide establishment for transacting business within this
25 State where it was actually transacting business on the date
26 when any bid for a public contract is first advertised or
27 announced.
28 (c) Federal funds. This Section does not apply to any
29 contract for any project as to which federal funds are
30 available for expenditure when its provisions may be in
31 conflict with federal law or federal regulation.
32 Section 45-15. Soybean oil-based ink.
33 (a) Contracts requiring the procurement of printing
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1 services shall specify the use of soybean oil-based ink
2 unless a State purchasing officer determines that another
3 type of ink is required to assure high quality and reasonable
4 pricing of the printed product.
5 (b) All other printing done by or for the State shall
6 use soybean oil-based ink unless the agency by or for whom
7 the printing is done determines that another type of ink is
8 required to assure high quality and reasonable pricing of the
9 printed product. Printing done by or for the State in
10 soybean oil-based ink shall state, if practical, that soybean
11 oil-based ink was used.
12 Section 45-20. Recycled materials. When a public
13 contract is to be awarded to the lowest responsible bidder,
14 an otherwise qualified bidder who will fulfill the contract
15 through the use of products made of recycled materials may,
16 on a pilot basis or in accordance with a pilot study, be
17 given preference over other bidders unable to do so, provided
18 that the cost included in the bid of products made of
19 recycled materials is not more than 10% greater than the cost
20 of products not made of recycled materials.
21 Section 45-25. Recyclable paper. All paper purchased
22 for use by State agencies must be recyclable paper unless
23 recyclable paper cannot be used to meet the requirements of
24 the State agencies. State agencies shall determine their
25 paper requirements to allow the use of recyclable paper
26 whenever possible, including without limitation using plain
27 paper rather than colored paper that is not recyclable.
28 Section 45-30. Correctional industries. Notwithstanding
29 any other provision to the contrary, the Board shall, in
30 consultation with the Department of Corrections, determine
31 which articles, materials, industry related services, food
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1 stuffs, and supplies that are produced or manufactured by
2 persons confined in institutions and facilities of the
3 Department of Corrections shall be given preference by
4 purchasing agencies procuring those items. The Board shall
5 develop and distribute to the various Procurement and Using
6 Agencies procedures for executing this Section.
7 Section 45-35. Sheltered workshops for the severely
8 handicapped.
9 (a) Qualification. Supplies and services may be
10 procured without advertising or calling for bids from any
11 qualified not-for-profit agency for the severely handicapped
12 that:
13 (1) complies with Illinois laws governing private
14 not-for-profit organizations;
15 (2) is certified as a sheltered workshop by the
16 Wage and Hour Division of the United States Department of
17 Labor; and
18 (3) meets the Department of Human Services just
19 standards for rehabilitation facilities.
20 (b) Participation. To participate, the not-for-profit
21 agency must have indicated an interest in providing the
22 supplies and services, must meet the specifications and needs
23 of the using agency, and must set a fair market price.
24 (c) Committee. There is created within the jurisdiction
25 of the Board a committee to facilitate the purchase of
26 products and services of persons so severely handicapped by a
27 physical or mental disability that they cannot engage in
28 normal competitive employment. The committee shall consist
29 of the Director of Central Management Services, the Director
30 of Human Services, and 2 representatives from private
31 business and 2 public members all appointed by the Governor
32 who are knowledgeable in the needs and concerns of
33 rehabilitation facilities in Illinois. The public members
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1 shall serve 2 year terms, commencing upon appointment and
2 every 2 years thereafter. A public member may be
3 reappointed, and vacancies may be filled by appointment for
4 the completion of the term. The members shall serve without
5 compensation but shall be reimbursed for expenses at a rate
6 equal to that of State employees on a per diem basis by the
7 Board. All members shall be entitled to vote on issues before
8 the committee.
9 The committee shall have the following powers and duties:
10 (1) To request from any State agency information as
11 to product specification and service requirements in
12 order to carry out its purpose.
13 (2) To meet quarterly or more often as necessary to
14 carry out its purposes.
15 (3) To request a quarterly report from each
16 participating qualified not-for-profit agency for the
17 severely handicapped describing the volume of sales for
18 each product or service sold under this Section.
19 (4) To prepare a report for the Governor and the
20 Board annually.
21 (5) To prepare a publication that lists all
22 supplies and services currently available from any
23 qualified not-for-profit agency for the severely
24 handicapped. This list and any revisions shall be
25 distributed to all purchasing agencies.
26 (6) To encourage diversity in supplies and services
27 provided by qualified not-for-profit agencies for the
28 severely handicapped and discourage unnecessary
29 duplication or competition among facilities.
30 (7) To develop guidelines to be followed by
31 qualifying agencies for participation under the
32 provisions of this Section. The guidelines shall be
33 developed within 6 months after the effective date of
34 this Code and made available on a nondiscriminatory basis
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1 to all qualifying agencies.
2 (8) To review all bids submitted under the
3 provisions of this Section and reject any bid for any
4 purchase that is determined to be substantially more than
5 the purchase would have cost had it been competitively
6 bid.
7 (d) Former committee. The committee created under
8 subsection (c) shall replace the committee created under
9 Section 7-2 of the Illinois Purchasing Act, which shall
10 continue to operate until the appointments under subsection
11 (c) are made.
12 Section 45-40. Gas mileage.
13 (a) Specification. Contracts for the purchase or lease
14 of new passenger automobiles, other than station wagons,
15 vans, four-wheel drive vehicles, emergency vehicles, and
16 police and fire vehicles, shall specify the procurement of a
17 model that, according to the most current mileage study
18 published by the U.S. Environmental Protection Agency, can
19 achieve at least the minimum average fuel economy in miles
20 per gallon imposed upon manufacturers of vehicles under Title
21 V of The Motor Vehicle Information and Cost Savings Act.
22 (b) Exemptions. The State purchasing officer may exempt
23 procurements from the requirement of subsection (a) when
24 there is a demonstrated need, submitted in writing, for an
25 automobile that does not meet the minimum average fuel
26 economy standards. The Board shall promulgate rules for
27 determining need consistent with the intent of this Section.
28 Section 45-45. Small businesses.
29 (a) Set-asides. The Board has authority to designate as
30 small business set-asides a fair proportion of construction,
31 supply, and service contracts for award to small businesses
32 in Illinois. Advertisements for bids or offers for those
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1 contracts shall specify designation as small business
2 set-asides. In awarding the contracts, only bids or offers
3 from qualified small businesses shall be considered.
4 (b) Small business. "Small business" means a business
5 that is independently owned and operated and that is not
6 dominant in its field of operation. The Board shall
7 establish a detailed definition by rule, using in addition to
8 the foregoing criteria other criteria, including the number
9 of employees and the dollar volume of business. When
10 computing the size status of a bidder, annual sales and
11 receipts of the bidder and all of its affiliates shall be
12 included. The maximum number of employees and the maximum
13 dollar volume that a small business may have under the rules
14 promulgated by the Board may vary from industry to industry
15 to the extent necessary to reflect differing characteristics
16 of those industries, subject to the following limitations:
17 (1) No wholesale business is a small business if
18 its annual sales for its most recently completed fiscal
19 year exceed $7,500,000.
20 (2) No retail business or business selling services
21 is a small business if its annual sales and receipts
22 exceed $1,500,000.
23 (3) No manufacturing business is a small business
24 if it employs more than 250 persons.
25 (4) No construction business is a small business if
26 its annual sales and receipts exceed $3,000,000.
27 (c) Fair proportion. For the purpose of subsection (a),
28 a fair proportion of construction contracts shall be no less
29 than 25% nor more than 40% of the annual total contracts for
30 construction.
31 (d) Withdrawal of designation. A small business
32 set-aside designation may be withdrawn by the purchasing
33 agency when deemed in the best interests of the State. Upon
34 withdrawal, all bids or offers shall be rejected, and the
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1 bidders or offerors shall be notified of the reason for
2 rejection. The contract shall then be awarded in accordance
3 with this Code without the designation of small business
4 set-aside.
5 (e) Small business assistance. The purchasing officers
6 shall assist small businesses by:
7 (1) Compiling and maintaining a comprehensive
8 bidders list of small businesses. In this duty, he or
9 she shall cooperate with the Federal Small Business
10 Administration in locating potential sources for various
11 products and services.
12 (2) Assisting small businesses in complying with
13 the procedures for bidding on State contracts.
14 (3) Examining requests from State agencies for the
15 purchase of property or services to help determine which
16 invitations to bid are to be designated small business
17 set-asides.
18 (4) Making recommendations to the Board for the
19 simplification of specifications and terms in order to
20 increase the opportunities for small business
21 participation.
22 (5) Assisting in investigations by purchasing
23 agencies to determine the responsibility of bidders on
24 small business set-asides.
25 (f) Small business annual report. The State purchasing
26 officer designated under subsection (e) shall annually before
27 December 1 report in writing to the General Assembly
28 concerning the awarding of contracts to small businesses.
29 The report shall include the total value of awards made in
30 the preceding fiscal year under the designation of small
31 business set-aside.
32 The requirement for reporting to the General Assembly
33 shall be satisfied by filing copies of the report as required
34 by Section 3.1 of the General Assembly Organization Act.
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1 Section 45-50. Illinois agricultural products. In
2 awarding contracts requiring the procurement of agricultural
3 products, preference may be given to an otherwise qualified
4 bidder or offeror who will fulfill the contract through the
5 use of agricultural products grown in Illinois.
6 Section 45-55. Corn-based plastics. In awarding
7 contracts requiring the procurement of plastic products,
8 preference may be given to an otherwise qualified bidder or
9 offeror who will fulfill the contract through the use of
10 plastic products made from Illinois corn by-products.
11 Section 45-60. Vehicles powered by agricultural
12 commodity-based fuel. In awarding contracts requiring the
13 procurement of vehicles, preference may be given to an
14 otherwise qualified bidder or offeror who will fulfill the
15 contract through the use of vehicles powered by ethanol
16 produced from Illinois corn or biodiesel fuels produced from
17 Illinois soybeans.
18 Section 45-65. Additional preferences. This Code is
19 subject to applicable provisions of:
20 (1) the Public Purchases in Other States Act;
21 (2) the Illinois Mined Coal Act;
22 (3) the Steel Products Procurement Act;
23 (4) the Veterans Preference Act; and
24 (5) the Business Enterprise for Minorities,
25 Females, and Disabled Persons Act.
26 ARTICLE 50
27 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
28 Section 50-1. Purpose. It is the express duty of all
29 chief procurement officers, State purchasing officers, and
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1 their designees to maximize the value of the expenditure of
2 public moneys in procuring goods, services, and contracts for
3 the State of Illinois and to act in a manner that maintains
4 the integrity and public trust of State government. In
5 discharging this duty, they are charged to use all available
6 information, reasonable efforts, and reasonable actions to
7 protect, safeguard, and maintain the procurement process of
8 the State of Illinois.
9 Section 50-5. Bribery.
10 (a) Prohibition. No person or business shall be awarded
11 a contract or subcontract under this Code who:
12 (1) has been convicted under the laws of Illinois
13 or any other state of bribery or attempting to bribe an
14 officer or employee of the State of Illinois or any other
15 state in that officer's or employee's official capacity;
16 or
17 (2) has made an admission of guilt of that conduct
18 that is a matter of record but has not been prosecuted
19 for that conduct.
20 (b) Businesses. No business shall be barred from
21 contracting with any unit of State or local government as a
22 result of a conviction under this Section of any employee or
23 agent of the business if the employee or agent is no longer
24 employed by the business and:
25 (1) the business has been finally adjudicated not
26 guilty; or
27 (2) the business demonstrates to the governmental
28 entity with which it seeks to contract, and that entity
29 finds that the commission of the offense was not
30 authorized, requested, commanded, or performed by a
31 director, officer, or high managerial agent on behalf of
32 the business as provided in paragraph (2) of subsection
33 (a) of Section 5-4 of the Criminal Code of 1961.
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1 (c) Conduct on behalf of business. For purposes of this
2 Section, when an official, agent, or employee of a business
3 committed the bribery or attempted bribery on behalf of the
4 business and in accordance with the direction or
5 authorization of a responsible official of the business, the
6 business shall be chargeable with the conduct.
7 (d) Certification. Every bid submitted to and contract
8 executed by the State shall contain a certification by the
9 contractor that the contractor is not barred from being
10 awarded a contract or subcontract under this Section. A
11 contractor who makes a false statement, material to the
12 certification, commits a Class 3 felony.
13 Section 50-10. Felons. Unless otherwise provided, no
14 person or business convicted of a felony shall do business
15 with the State of Illinois or any State agency from the date
16 of conviction until 5 years after the date of completion of
17 the sentence for that felony, unless no person held
18 responsible by a prosecutorial office for the facts upon
19 which the conviction was based continues to have any
20 involvement with the business.
21 Section 50-15. Conflicts of interest.
22 (a) Prohibition. It is unlawful for any person holding
23 an elective office in this State, holding a seat in the
24 General Assembly, or appointed to or employed in any of the
25 offices or agencies of State government, irrespective of the
26 rate of compensation for that employment, or who is an
27 officer or employee of the Capital Development Board or the
28 Illinois Toll Highway Authority, or who is the spouse or
29 minor child of any such person to have or acquire any
30 contract, or any direct pecuniary interest in any contract
31 therein, whether for stationery, printing, paper, or any
32 services, materials, or supplies, that will be wholly or
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1 partially satisfied by the payment of funds appropriated by
2 the General Assembly of the State of Illinois or in any
3 contract of the Capital Development Board or the Illinois
4 Toll Highway Authority.
5 (b) Interests. It is unlawful for any firm,
6 partnership, association, or corporation in which any person
7 listed in subsection (a) is entitled to receive (i) more than
8 7 1/2% of the total distributable income, or (ii) an amount
9 in excess of the salary of the Governor, whichever is lower,
10 to have or acquire any such contract or direct pecuniary
11 interest therein.
12 (c) Combined interests. It is unlawful for any firm,
13 partnership, association, or corporation in which any person
14 listed in subsection (a) together with his or her spouse or
15 minor children is entitled to receive (i) more than 15%, in
16 the aggregate, of the total distributable income, or (ii) an
17 amount in excess of 2 times the Governor's salary, whichever
18 is lower, to have or acquire any such contract or direct
19 pecuniary interest therein.
20 (d) Securities. Nothing in this Section invalidates the
21 provisions of any bond or other security previously offered
22 or to be offered for sale or sold by or for the State of
23 Illinois.
24 (e) Prior interests. This Section does not affect the
25 validity of any contract made between the State and an
26 officer or employee of the State or member of the General
27 Assembly, his or her spouse, minor child or any combination
28 of those persons if that contract was in existence before his
29 or her election or employment as an officer, member, or
30 employee. The contract is void, however, if it cannot be
31 completed within 6 months after the officer, member, or
32 employee takes office or is employed.
33 (f) Exceptions.
34 (1) Public aid payments. This Section does not
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1 apply to payments made for a public aid recipient.
2 (2) Teaching. This Section does not apply to a
3 contract for personal services as a teacher or school
4 administrator between a member of the General Assembly or
5 his or her spouse, or a State officer or employee or his
6 or her spouse, and any school district, public community
7 college district, or the State colleges and universities
8 and their governing boards.
9 (3) Ministerial duties. This Section does not
10 apply to a contract for personal services of a wholly
11 ministerial character, including but not limited to
12 services as a laborer, clerk, typist, stenographer, page,
13 bookkeeper, receptionist, or telephone switchboard
14 operator, made by a spouse or minor child of an elective
15 or appointive State officer or employee or of a member of
16 the General Assembly.
17 (4) Child and family services. This Section does
18 not apply to payments made to a member of the General
19 Assembly, a State officer or employee, his or her spouse
20 or minor child acting as a foster parent, homemaker,
21 advocate, or volunteer for or in behalf of a child or
22 family served by the Department of Children and Family
23 Services.
24 (g) Penalty. Any person convicted of a violation of
25 this Section is guilty of a business offense and shall be
26 fined not less than $1,000 nor more than $5,000.
27 Section 50-20. Negotiations.
28 (a) Prohibition. Except as provided in Section 50-25,
29 it is unlawful for any person employed in or on a continual
30 contractual relationship with any of the offices or agencies
31 of State government to participate in contract negotiations
32 on behalf of that office or agency with any firm,
33 partnership, association, or corporation with whom that
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1 person has a contract for future employment or is negotiating
2 concerning possible future employment.
3 (b) Penalty. Any person violating this Section is
4 guilty of a business offense and shall be fined not less than
5 $1,000 and not more than $5,000.
6 Section 50-25. Exemptions. The Board may exempt named
7 individuals or business from the prohibitions of Section
8 50-5, 50-10, or 50-15 when, in the discretion of the Board,
9 it is determined that the public interest in having the
10 individual in the service of the State outweighs the public
11 policy evidenced in those Sections. An exemption is
12 effective only when it is filed with the Secretary of State
13 and the Comptroller and includes a statement setting forth
14 the name of the individual and all the pertinent facts that
15 would make that Section applicable, setting forth the reason
16 for the exemption, and declaring the individual exempted from
17 that Section. Notice of each exemption shall be published in
18 the Illinois Procurement Bulletin.
19 Section 50-30. Inducement. Any person who offers or
20 pays any money or other valuable thing to any person to
21 induce him or her not to bid for a State contract or as
22 recompense for not having bid on a State contract is guilty
23 of a Class 4 felony. Any person who accepts any money or
24 other valuable thing for not bidding for a State contract or
25 who withholds a bid in consideration of the promise for the
26 payment of money or other valuable thing is guilty of a Class
27 4 felony.
28 Section 50-35. Revolving door prohibition. State
29 employees whose duties with the State were directly related
30 to procurement may not, for a period of 2 years following
31 separation of service with the employing agency, have a
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1 contract with that agency, or engage in lobbying that agency
2 whether directly or as an employee or agent of another.
3 Section 50-37. Disclosure and potential conflicts of
4 interest.
5 (a) All offers from responsive bidders or offerors with
6 an annual value of more than $10,000 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 maintained by
11 the appropriate chief procurement officer.
12 (b) Disclosure by the responsive bidders or offerors
13 shall include any ownership or distributive income share that
14 is in excess of 5%, or an amount greater than 60% of the
15 annual salary of the Governor, of the bidding entity or its
16 parent entity, whichever is less, unless the contractor or
17 bidder is a publicly traded entity subject to Federal 10K
18 reporting, in which case it may submit its 10K disclosure in
19 place of the prescribed disclosure. The form of disclosure
20 shall be prescribed by the applicable chief procurement
21 officer and must include at least the names, addresses, and
22 dollar or proportionate share of ownership of each person
23 identified in this Section, their instrument of ownership or
24 beneficial relationship, and notice of any potential conflict
25 of interest resulting from the current ownership or
26 beneficial relationship of each person identified in this
27 Section having in addition any of the following
28 relationships:
29 (1) State employment, currently or in the previous
30 3 years, including contractual employment of services.
31 (2) State employment of spouse, father, mother,
32 son, or daughter, including contractual employment for
33 services in the previous 2 years.
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1 (3) Elective status; the holding of elective office
2 of the State of Illinois, the government of the United
3 States, any unit of local government authorized by the
4 Constitution of the State of Illinois or the statutes of
5 the State of Illinois currently or in the previous 3
6 years.
7 (4) Relationship to anyone holding elective office
8 currently or in the previous 2 years; spouse, father,
9 mother, son, or daughter.
10 (5) Appointive office; the holding of any
11 appointive government office of the State of Illinois,
12 the United States of America, or any unit of local
13 government authorized by the Constitution of the State of
14 Illinois or the statutes of the State of Illinois, which
15 office entitles the holder to compensation in excess of
16 expenses incurred in the discharge of that office
17 currently or in the previous 3 years.
18 (6) Relationship to anyone holding appointive
19 office currently or in the previous 2 years; spouse,
20 father, mother, son, or daughter.
21 (7) Employment, currently or in the previous 3
22 years, as or by any registered lobbyist of the State
23 government.
24 (8) Relationship to anyone who is or was a
25 registered lobbyist in the previous 2 years; spouse,
26 father, mother, son, or daughter.
27 (9) Compensated employment, currently or in the
28 previous 3 years, by any registered election or
29 re-election committee registered with the Secretary of
30 State or any county clerk in the State of Illinois, or
31 any political action committee registered with either the
32 Secretary of State or the Federal Board of Elections.
33 (10) Relationship to anyone; spouse, father,
34 mother, son, or daughter; who is or was a compensated
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1 employee in the last 2 years of any registered election
2 or re-election committee registered with the Secretary of
3 State or any county clerk in the State of Illinois, or
4 any political action committee registered with either the
5 Secretary of State or the Federal Board of Elections.
6 (c) The disclosure in subsection (b) is not intended to
7 prohibit or prevent any contract. The disclosure is meant to
8 fully and publicly disclose any potential conflict to the
9 chief procurement officers, State purchasing officers, their
10 designees, and executive officers so they may adequately
11 discharge their duty to protect the State.
12 (d) In the case of any contract for personal services in
13 excess of $50,000; any contract competitively bid in excess
14 of $250,000; any other contract in excess of $50,000; when a
15 potential for a conflict of interest is identified,
16 discovered, or reasonably suspected it shall be reviewed and
17 commented on in writing by the Governor of the State of
18 Illinois, or by an executive ethics board or commission he or
19 she might designate. The comment shall be returned to the
20 responsible chief procurement officer who must rule in
21 writing whether to void or allow the contract, bid, offer, or
22 proposal weighing the best interest of the State of Illinois.
23 The comment and determination shall become a publicly
24 available part of the contract, bid, or proposal file.
25 (e) These threshholds and disclosure do not relieve the
26 chief procurement officers, the State purchasing officers, or
27 their designees from reasonable care and diligence for any
28 contract, bid, offer, or proposal. The chief procurement
29 officers, the State purchasing officers, or their designees
30 shall be responsible for using any reasonably known and
31 publicly available information to discover any undisclosed
32 potential conflict of interest and act to protect the best
33 interest of the State of Illinois.
34 (f) Inadvertent or accidental failure to fully disclose
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1 shall render the contract, bid, proposal, or relationship
2 voidable by the chief procurement officer if he or she deems
3 it in the best interest of the State of Illinois and, at his
4 or her discretion, may be cause for barring from future
5 contracts, bids, proposals, or relationships with the State
6 for a period of up to 2 years.
7 (g) Intentional, willful, or material failure to
8 disclose shall render the contract, bid, proposal, or
9 relationship voidable by the chief procurement officer if he
10 or she deems it in the best interest of the State of Illinois
11 and shall result in debarment from future contracts, bids,
12 proposals, or relationships for a period of not less than 2
13 years and not more than 10 years. Reinstatement after 2
14 years and before 10 years must be reviewed and commented on
15 in writing by the Governor of the State of Illinois, or by an
16 executive ethics board or commission he or she might
17 designate. The comment shall be returned to the responsible
18 chief procurement officer who must rule in writing whether
19 and when to reinstate.
20 (h) In addition, all disclosures shall note any other
21 current or pending contracts, proposals, leases, or other
22 ongoing procurement relationships the bidding, proposing, or
23 offering entity has with any other unit of State government
24 and shall clearly identify the unit and the contract,
25 proposal, lease, or other relationship.
26 Section 50-45. Disclosures by State employees and
27 officers.
28 (a) Contract negotiations. Any person participating in
29 the making of a contract, or who enters into a contract, on
30 behalf of an office or agency of State government with the
31 knowledge that his or her spouse, child, parent, or sibling
32 is entitled to receive (i) more than 7.5% of the total
33 distributable income of the other contracting party or (ii)
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1 an amount in excess of the salary of the Governor, whichever
2 is lower, or in which that child, parent, or sibling,
3 together with his or her spouse or minor children, is
4 entitled to receive (i) more than 15%, in the aggregate, of
5 the total distributable income of the other contracting party
6 or (ii) an amount in excess of 2 times the salary of the
7 Governor, whichever is lower, shall immediately file a
8 written statement setting out the facts of the transaction.
9 The statement shall be filed with the administrative head of
10 the office or agency and be kept available for public
11 inspection. A copy of the statement shall be forwarded by
12 the administrative head to the Inspector General. A person
13 failing to file a statement or filing a false statement is
14 guilty of a business offense and shall be fined not less than
15 $1,000 and not more than $5,000. Any such contract is
16 contrary to public policy and may be voided at the option of
17 the State unless it is shown to be in the best interests of
18 the State. Moreover, if fraud or substantial monetary harm
19 to the State results from the nepotic element of the
20 transaction, the government officer or employee involved in
21 the element is guilty of a Class A misdemeanor.
22 (b) Other positions and contracts. Each State employee
23 is responsible for annually notifying his or her State
24 employer of contracts held by the employee or by the
25 employee's spouse and minor children and of other payroll
26 positions held by the employee. The State employee shall
27 notify his or her employer of any changes in this
28 notification at the time the changes occur.
29 Section 50-50. Identical bids. Every State agency that
30 obtains 2 or more identical bids under this Code shall inform
31 the Inspector General and the Attorney General in writing of
32 those facts within 30 days after the disposition of all bids
33 received in response for bids, whether by the awarding of the
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1 contract or other action. The Attorney General shall
2 prescribe the form and manner of notification.
3 Section 50-55. Reporting of anticompetitive practices.
4 When for any reason collusion or other anticompetitive
5 practices are suspected among any bidders or offerors, a
6 notice of the relevant facts shall be transmitted to the
7 Inspector General and the Attorney General.
8 Section 50-58. Confidentiality. The Inspector General
9 or any State purchasing officer, designee, or executive
10 officer who willfully uses or allows the use of
11 specifications, competitive bid documents, proprietary
12 competitive information, proposals, contracts, or selection
13 information to compromise the fairness or integrity of the
14 procurement, bidding, or contract process shall be subject to
15 discipline up to and including immediate dismissal,
16 regardless of the Personnel Code, and may in addition be
17 subject to criminal prosecution.
18 Section 50-60. Insider information. It is unlawful for
19 any current or former elected or appointed State official or
20 State employee to knowingly use confidential information
21 available only by virtue of that office or employment for
22 actual or anticipated personal gain or for the actual or
23 anticipated personal gain of another person.
24 Section 50-65. Supply inventory. Every State agency
25 shall inventory or stock no more than a 12-month need of
26 equipment, supplies, commodities, articles, and other items,
27 except as otherwise authorized by the State agency's
28 regulations. Every State agency shall periodically review
29 its inventory to ensure compliance with this Section. If,
30 upon review, an agency determines it has more than a 12-month
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1 supply of any equipment, supplies, commodities, or other
2 items, the agency shall undertake transfers of the
3 oversupplied items or other action necessary to maintain
4 compliance with this Section. This Section shall not apply
5 to lifesaving medications, mechanical spare parts, and items
6 for which the supplier requires a minimum order stipulation.
7 Section 50-75. Suspension and debarment. Any contractor
8 may be suspended for violation of this Code or for failure to
9 conform to specifications or terms of delivery. Suspension
10 shall be for cause and may be for a period of up to 5 years
11 at the discretion of the applicable chief procurement
12 officer. Contractors may be debarred in accordance with
13 rules promulgated by the Board or as otherwise provided by
14 law.
15 Section 50-80. Additional provisions. This Code is
16 subject to applicable provisions of the following Acts:
17 (1) Article 33E of the Criminal Code of 1961;
18 (2) the Illinois Human Rights Act;
19 (3) the Discriminatory Club Act;
20 (4) the Illinois Governmental Ethics Act;
21 (5) the State Prompt Payment Act;
22 (6) the Public Officer Prohibited Activities Act;
23 and
24 (7) the Drug Free Workplace Act.
25 Section 50-85. Other violations.
26 (a) The Inspector General or any State purchasing
27 officer or designee who willfully violates or allows the
28 violation of this Code shall be subject to discipline up to
29 and including immediate dismissal, regardless of the
30 Personnel Code.
31 (b) Except as otherwise provided in this Code, whoever
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1 violates this Code or the rules promulgated under it is
2 guilty of a Class A misdemeanor.
3 ARTICLE 90
4 MISCELLANEOUS PROVISIONS
5 Section 90-5. References to repealed provisions. After
6 the effective date of this Act, all references to the
7 provisions of law repealed by this Act or by Public Act
8 90-572 (the Illinois Procurement Code) shall be construed,
9 where necessary and appropriate, as references to the
10 Illinois Procurement Code of 1999.
11 Section 90-10. Severability. If any provision of this
12 Code or any application of it to any person or circumstance
13 is held invalid, that invalidity shall not affect other
14 provisions or applications of this Code that can be given
15 effect without the invalid provision or application, and to
16 this end the provisions of this Code are declared to be
17 severable.
18 Section 90-15. Voidable contracts. If any contract is
19 entered into or purchase or expenditure of funds is made in
20 violation of this Code or any other law, the contract may be
21 declared void by the purchasing officer, or may be
22 terminated, ratified and affirmed, provided it is determined
23 that ratification is in the best interests of the State. If
24 the contract is ratified and affirmed, it shall be without
25 prejudice to the State's rights to any appropriate damages.
26 ARTICLE 95
27 AMENDATORY AND REPEALING PROVISIONS
28 Section 95-5. The Governmental Joint Purchasing Act is
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1 amended by changing Section 3 as follows:
2 (30 ILCS 525/3) (from Ch. 85, par. 1603)
3 Sec. 3. Any agreement of the governmental units which
4 desire to make joint purchases, one of the governmental units
5 shall conduct the letting of bids. Where the State of
6 Illinois is a party to the joint purchase agreement, the
7 Department of Central Management Services shall conduct the
8 letting of bids. Expenses of such bid-letting may be shared
9 by the participating governmental units in proportion to the
10 amount of personal property, supplies or services each unit
11 purchases.
12 When the State of Illinois is a party to the joint
13 purchase agreement, the acceptance of bids shall be in
14 accordance with the Illinois Procurement Code of 1999 and
15 rules promulgated under that Code. When the State of
16 Illinois is not a party to the joint purchase agreement, the
17 acceptance of bids shall be governed by the agreement.
18 The personal property, supplies or services involved
19 shall be distributed or rendered directly to each
20 governmental unit taking part in the purchase. The person
21 selling the personal property, supplies or services may bill
22 each governmental unit separately for its proportionate share
23 of the cost of the personal property, supplies or services
24 purchased.
25 The credit or liability of each governmental unit shall
26 remain separate and distinct. Disputes between bidders and
27 governmental units shall be resolved between the immediate
28 parties.
29 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
30 Section 95-16. The Civil Administrative Code of Illinois
31 is amended by changing Section 67.02 as follows:
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1 (20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
2 Sec. 67.02. (a) To lease or purchase office and storage
3 space, buildings, land and other facilities for all State
4 agencies, authorities, boards, commissions, departments,
5 institutions, bodies politic and all other administrative
6 units or outgrowths of the executive branch of State
7 government except the Constitutional officers, the State
8 Board of Education and the State colleges and universities
9 and their governing bodies. However, before leasing or
10 purchasing any office or storage space, buildings, land or
11 other facilities in any municipality the Department shall
12 survey the existing State-owned and State-leased property to
13 make a determination of need. Such leases shall be for a
14 term not to exceed 5 years, except that such leases may
15 contain a renewal clause subject to acceptance by the State
16 after that date or an option to purchase. Such purchases
17 shall be made through contracts which may provide for the
18 title to the property to transfer immediately to the State or
19 a trustee or nominee for the benefit of the State and which
20 shall: provide for the consideration to be paid in
21 installments to be made at stated intervals during a certain
22 term not to exceed 30 years from the date of the contract and
23 may provide for the payment of interest on the unpaid balance
24 at a rate that does not exceed a rate determined by adding 3
25 percentage points to the annual yield on United States
26 Treasury obligations of comparable maturity as most recently
27 published in the Wall Street Journal at the time such
28 contract is signed. Such leases and purchase contracts shall
29 be and shall recite that they are subject to termination and
30 cancellation in any year for which the General Assembly fails
31 to make an appropriation to pay the rent or purchase
32 installments payable under the terms of the lease or purchase
33 contract. Additionally such purchase contract shall specify
34 that title to the office and storage space, buildings, land
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1 and other facilities being acquired under such a contract
2 shall revert to the Seller in the event of the failure of
3 the General Assembly to appropriate suitable funds.
4 However, this limitation on the term of such leases does not
5 apply to leases to and with the Illinois Building Authority,
6 as provided for in the Act enacted by the Seventy-second
7 General Assembly entitled the Building Authority Act, which
8 leases to and with said Authority may be entered into for a
9 term not to exceed 30 years and shall be and shall recite
10 that they are subject to termination and cancellation in any
11 year for which the General Assembly fails to make an
12 appropriation to pay the rent payable under the terms of such
13 lease. These limitations do not apply where the lease or
14 purchase contract contains a provision limiting the liability
15 for the payment of the rentals or installments thereof solely
16 to funds received from the Federal government.
17 (b) To lease from an airport authority office, aircraft
18 hangar and service buildings constructed upon a public
19 airport under the Airport Authorities Act for the use and
20 occupancy of the State Department of Transportation, which
21 lease may be entered into for a term not to exceed 30 years.
22 (c) To establish training programs for teaching State
23 leasing procedures and practices to new employees of the
24 Department and to keep all employees of the Department
25 informed about current leasing practices and developments in
26 the real estate industry.
27 (d) To enter into an agreement with a municipality or
28 county to construct, remodel or convert a structure for the
29 purposes of its serving as a correctional institution or
30 facility pursuant to paragraph (c) of Section 3-2-2 of the
31 Unified Code of Corrections.
32 (e) To enter into an agreement with a private
33 individual, trust, partnership or corporation or a
34 municipality or other unit of local government, when
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1 authorized to do so by the Department of Corrections, whereby
2 such individual, trust, partnership or corporation or
3 municipality or other unit of local government will
4 construct, remodel or convert a structure for the purposes of
5 its serving as a correctional institution or facility and
6 then lease such structure to the Department for the use of
7 the Department of Corrections. A lease entered into pursuant
8 to the authority granted in this subsection shall be for a
9 term not to exceed 30 years, but may grant to the State the
10 option to purchase the structure outright.
11 Such leases shall be and shall recite that they are
12 subject to termination and cancellation in any year for which
13 the General Assembly fails to make an appropriation to pay
14 the rent payable under the terms of the lease.
15 (f) On and after September 17, 1983, the powers granted
16 to the Department under this Section shall be exercised
17 exclusively by the Department and no other State agency may
18 concurrently exercise any such power, unless specifically
19 authorized otherwise by a later enacted law. This subsection
20 is not intended to impair any contract existing as of
21 September 17, 1983.
22 However, no lease for more than 10,000 square feet of
23 space shall be executed unless the Director in consultation
24 with the Executive Director of the Capital Development Board
25 has certified that leasing is in the best interest of the
26 State, considering programmatic requirements, availability of
27 vacant State-owned space, the cost-benefits of purchasing or
28 constructing new space and other criteria as he shall
29 determine. The Director shall not permit multiple leases for
30 less than 10,000 square feet to be executed in order to evade
31 this provision.
32 (g) To develop and implement, in cooperation with the
33 Interagency Energy Conservation Committee, a system for
34 evaluating energy consumption in facilities leased by the
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1 Department, and to develop energy consumption standards for
2 use in evaluating prospective lease sites.
3 (h) (1) After the effective date of this amendatory Act
4 of 1997, the Department shall not enter into an agreement
5 for the installment purchase or lease purchase of
6 buildings, land, or facilities unless:
7 (A) the using agency certifies to the
8 Department that the agency reasonably expects the
9 building, land, or facilities being considered for
10 purchase will meet a permanent space need;
11 (B) the building or facilities will be
12 substantially occupied by State agencies after
13 purchase (or after acceptance in the case of a build
14 to suit);
15 (C) the building or facilities shall be in new
16 or like new condition and have a remaining economic
17 life exceeding the term of the contract;
18 (D) no structural or other major building
19 component or system shall have a remaining economic
20 life of less than 10 years;
21 (E) the building, land or facilities:
22 (i) is free of any identifiable
23 environmental hazard, or
24 (ii) is subject to a management plan,
25 provided by the seller and acceptable to the
26 State, to address the known environmental
27 hazard;
28 (F) the building, land, or facilities satisfy
29 applicable handicap accessibility and applicable
30 building codes; and
31 (G) the State's cost to lease purchase or
32 installment purchase the building, land, or
33 facilities is less than the cost to lease space of
34 comparable quality, size, and location over the
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1 lease purchase or installment purchase term.
2 (2) The Department shall establish the methodology
3 for comparing lease costs to the costs of installment or
4 lease purchases. The cost comparison shall take into
5 account all relevant cost factors including, but not
6 limited to, debt service, operating and maintenance
7 costs, insurance and risk costs, real estate taxes,
8 reserves for replacement and repairs, security costs, and
9 utilities. Such methodology shall also provide:
10 (A) that the comparison will be made using
11 level payment plans; and
12 (B) that a purchase price must not exceed the
13 fair market value of the buildings, land, or
14 facilities, and that such price must be
15 substantiated by an appraisal or by a competitive
16 selection process in accordance with the Illinois
17 Procurement Code of 1999.
18 (3) If the Department intends to enter into an
19 installment purchase or lease purchase agreement for
20 buildings, land, or facilities under circumstances that
21 do not satisfy the conditions specified by this Section,
22 it must issue a notice to the Secretary of the Senate and
23 the Clerk of the House. Such notice shall contain (i)
24 specific details of the State's proposed purchase,
25 including the amounts, purposes, and financing terms;
26 (ii) a specific description of how the proposed purchase
27 varies from the procedures set forth in this Section; and
28 (iii) a specific justification, signed by the Director,
29 of why it is in the State's best interests to proceed
30 with the purchase. The Department may not proceed with
31 such an installment purchase or lease purchase agreement
32 if, within 60 calendar days after delivery of the notice,
33 the General Assembly, by joint resolution, disapproves
34 the transaction. Delivery may take place on a day and at
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1 an hour when the Senate and House are not in session so
2 long as the offices of Secretary and Clerk are open to
3 receive the notice. In determining the 60 day period
4 within which the General Assembly must act, the day on
5 which delivery is made to the Senate and House shall not
6 be counted. If delivery of the notice to the 2 houses
7 occurs on different days, the 60 day period shall begin
8 on the day following the later delivery.
9 (4) On or before February 15 of each year, the
10 Department shall submit an annual report to the Director
11 of the Bureau of the Budget and the General Assembly
12 regarding installment purchases or lease purchases of
13 buildings, land, or facilities that were entered into
14 during the preceding calendar year. The report shall
15 include a summary statement of the aggregate amount of
16 the State's obligations under such purchases; specific
17 details pertaining to each purchase, the amounts,
18 purposes, and financing terms and payment schedule for
19 each purchase; and any other matter that the Department
20 deems advisable.
21 The requirement for reporting to the General
22 Assembly shall be satisfied by filing copies of the
23 report with the Auditor General, the Speaker, the
24 Minority Leader, and the Clerk of the House of
25 Representatives and the President, the Minority Leader,
26 and the Secretary of the Senate, the Chairs of the
27 Appropriations Committees, and the Legislative Research
28 Unit, as required by Section 3.1 of the General Assembly
29 Organization Act, and filing such additional copies with
30 the State Government Report Distribution Center for the
31 General Assembly as is required under paragraph (t) of
32 Section 7 of the State Library Act.
33 (5) Installment purchase and lease purchase
34 agreements for buildings, land, and facilities, whether
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1 entered into under this Section or as specified in
2 paragraph (3) of this subsection, are subject to the
3 Illinois Procurement Code of 1999.
4 (Source: P.A. 90-520, eff. 6-1-98.)
5 Section 95-17. The Personnel Code is amended by changing
6 Section 25 as follows:
7 (20 ILCS 415/25)
8 Sec. 25. Illinois Procurement Code of 1999. This Code
9 is subject to the disciplinary and penalty provisions of the
10 Illinois Procurement Code of 1999.
11 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
12 (25 ILCS 10/10 rep.)
13 Section 95-20. The General Assembly Operations Act is
14 amended by repealing Section 10.
15 (30 ILCS 500/Act rep.)
16 Section 95-25. The Illinois Procurement Code is
17 repealed.
18 Section 95-45. The Toll Highway Act is amended by
19 changing Sections 3, 8, 16, and 16.1 as follows:
20 (605 ILCS 10/3) (from Ch. 121, par. 100-3)
21 Sec. 3. There is hereby created an Authority to be known
22 as The Illinois State Toll Highway Authority, which is hereby
23 constituted an instrumentality and an administrative agency
24 of the State of Illinois. The said Authority shall consist of
25 11 directors; the Governor and the Secretary of the
26 Department of Transportation, ex officio, and 9 directors
27 appointed by the Governor with the advice and consent of the
28 Senate, from the State at large, which said directors and
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1 their successors are hereby authorized to carry out the
2 provisions of this Act, and to exercise the powers herein
3 conferred. Of the 9 directors appointed by the Governor, no
4 more than 5 shall be members of the same political party.
5 Vacancies shall be filled for the unexpired term in the same
6 manner as original appointments. All appointments shall be in
7 writing and filed with the Secretary of State as a public
8 record. It is the intention of this section that the
9 Governor's appointments shall be made with due consideration
10 to the location of proposed toll highway routes so that
11 maximum geographic representation from the areas served by
12 said toll highway routes may be accomplished insofar as
13 practicable. The said Authority shall have the power to
14 contract and be contracted with, in accordance with the
15 Illinois Procurement Code of 1999 in the case of procurement
16 contracts, to acquire, hold and convey personal and real
17 property or any interest therein including rights of way,
18 franchises and easements; to have and use a common seal, and
19 to alter the same at will; to make and establish resolutions,
20 by-laws, rules, rates and regulations, and to alter or repeal
21 the same as the Authority shall deem necessary and expedient
22 for the construction, operation, relocation, regulation and
23 maintenance of a system of toll highways within and through
24 the State of Illinois.
25 Appointment of the additional directors provided for by
26 this amendatory Act of 1980 shall be made within 30 days
27 after the effective date of this amendatory Act of 1980.
28 (Source: P.A. 86-1164.)
29 (605 ILCS 10/8) (from Ch. 121, par. 100-8)
30 Sec. 8. The Authority shall have the power:
31 (a) To acquire, own, use, hire, lease, operate and
32 dispose of personal property, real property, any interest
33 therein, including rights-of-way, franchises and easements.
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1 (b) To enter into all contracts and agreements necessary
2 or incidental to the performance of its powers under this
3 Act. All employment contracts let under this Act shall be in
4 conformity with the applicable provisions of the Prevailing
5 Wage Act "An Act regulating wages of laborers, mechanics and
6 other workers employed under contracts for public works,"
7 approved June 26, 1941, as amended.
8 (c) To employ and discharge, without regard to the
9 requirements of any civil service or personnel act, such
10 administrative, engineering, traffic, architectural,
11 construction, and financial experts, and inspectors, and such
12 other employees, as are necessary in the Authority's judgment
13 to carry out the purposes of this Act; and to establish and
14 administer standards of classification of all of such persons
15 with respect to their compensation, duties, performance, and
16 tenure; and to enter into contracts of employment with such
17 persons for such periods and on such terms as the Authority
18 deems desirable.
19 (d) To appoint by and with the consent of the Attorney
20 General, assistant attorneys for such Authority, which said
21 assistant attorneys shall be under the control, direction and
22 supervision of the Attorney General and shall serve at his
23 pleasure.
24 (e) To retain special counsel, subject to the approval
25 of the Attorney General, as needed from time to time, and fix
26 their compensation, provided however, such special counsel
27 shall be subject to the control, direction and supervision of
28 the Attorney General and shall serve at his pleasure.
29 (f) To acquire, construct, relocate, operate, regulate
30 and maintain a system of toll highways through and within the
31 State of Illinois. However, the Authority does not have the
32 power to acquire, operate, regulate or maintain any system of
33 toll highways or toll bridges or portions of them (including
34 but not limited to any system organized pursuant to Division
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1 108 of Article 11 of the Illinois Municipal Code) in the
2 event either of the following conditions exists at the time
3 the proposed acquisition, operation, regulation or
4 maintenance of such system is to become effective:
5 (1) the principal or interest on bonds or other
6 instruments evidencing indebtedness of the system are in
7 default; or
8 (2) the principal or interest on bonds or other
9 instruments evidencing indebtedness of the system have been
10 in default at any time during the 5 year period prior to the
11 proposed acquisition.
12 To facilitate such construction, operation and
13 maintenance and subject to the approval of the Division of
14 Highways of the Department of Transportation, the Authority
15 shall have the full use and advantage of the engineering
16 staff and facilities of the Department.
17 The powers of the Authority are subject to the Illinois
18 Procurement Code of 1999.
19 (Source: P.A. 83-1258.)
20 (605 ILCS 10/16) (from Ch. 121, par. 100-16)
21 Sec. 16. All contracts let for the construction of any
22 work authorized to be done under the provisions of the Act
23 shall be procured in accordance with the Illinois Procurement
24 Code of 1999, where the amount thereof is in excess of the
25 sum of $10,000, shall be let to the lowest responsible
26 bidder, or bidders, on open, competitive bidding after public
27 advertisement made at least 15 days prior to the opening of
28 bids, in a newspaper of general circulation published in each
29 of the seven largest cities of the State, as determined by
30 the last preceding Federal census, in such manner and at such
31 intervals, as may be prescribed by the Authority except for
32 contracts for the completion of a terminated or defaulted
33 contract. The successful bidders for such work shall enter
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1 into contracts furnished and prescribed by the Authority.
2 Such Contracts shall contain a provision that a such
3 successful bidder shall indemnify and save harmless the State
4 of Illinois for any accidental injuries or damages arising
5 out of his or her negligence in the performance of such
6 contract, and shall, and in addition, execute and give bonds,
7 payable to the Authority, with a corporate surety authorized
8 to do business under the laws of the State of Illinois, equal
9 to at least 50% of the contract price, one conditioned upon
10 faithful performance of the contract and the other for the
11 payment of all labor furnished and materials supplied in the
12 prosecution of the contracted work.
13 (Source: P.A. 86-1164.)
14 (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
15 Sec. 16.1. (A) All contracts for services or supplies
16 required from time to time by the Authority in the
17 maintenance and operation of any toll highway or part thereof
18 under the provisions of this Act or all direct contracts for
19 supplies to be used in the construction of any toll highway
20 or part thereof to be awarded under this Section, rather than
21 as a part of a contract pursuant to Section 16 of this Act,
22 shall be procured in accordance with the Illinois Procurement
23 Code of 1999, when the amount of any such supplies or
24 services is in excess of the sum of $7,500 shall be let to
25 the lowest responsible bidder or bidders, on open,
26 competitive bidding after public advertisement made at least
27 5 days prior to the opening of bids, in a newspaper of
28 general circulation in any city of over 500,000 population,
29 or in any county through which the tollway passes, in such
30 manner and on one or more occasions as may be prescribed by
31 the Authority, except that bidding shall not be required in
32 the following cases:
33 1. Where the goods or services to be procured are
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1 economically procurable from only one source, such as
2 contracts for telephone service, electric energy and
3 other public utility services, housekeeping services,
4 books, pamphlets and periodicals and specially designed
5 business equipment and software.
6 2. Where the services required are for
7 professional, technical or artistic skills.
8 3. Where the services required are for advertising,
9 promotional and public relations services.
10 4. In emergencies, provided that an affidavit of
11 the person or persons authorizing the expenditure shall
12 be filed with the Authority and the Auditor General
13 within 10 days after such authorization setting forth the
14 conditions and circumstances requiring the emergency
15 purchase, the amount expended and the name of the vendor
16 or contractor involved; if only an estimate is available,
17 however, within the 10 days allowed for filing the
18 affidavit, the actual cost shall be reported immediately
19 after it is determined.
20 5. In case of expenditures for personal services.
21 6. Contracts for equipment and spare parts in
22 support thereof for the maintenance and operation of any
23 toll highway, or any part thereof, whenever, the
24 Authority shall, by resolution, declare and find that a
25 particular make and type of equipment is required for
26 efficient maintenance and operation and proper servicing,
27 for uniformity in and integration with the spare parts
28 program and inventory control, or for other reasons
29 peculiar to the problems of the toll highway or its
30 previously acquired equipment; however, competition and
31 competitive bids shall be obtained by the Authority with
32 respect to such specified equipment or spare parts,
33 insofar as possible, and when effective, pursuant to
34 public advertisement as hereinbefore provided.
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1 7. Contracts for insurance, fidelity and surety
2 bonds.
3 8. Contracts or agreements for the completion of a
4 terminated or defaulted contract or agreement.
5 (B) The solicitation for bids shall be in conformance
6 with accepted business practices and the method of
7 solicitation shall be set out in detail in the rules and
8 regulations of the Authority.
9 (C) Proposals received pursuant to public advertisement
10 shall be publicly opened at the day and hour and at the place
11 specified in the solicitation for such bids.
12 (D) Successful bidders for such services and supplies
13 shall enter into contracts furnished and prescribed by the
14 Authority.
15 (E) All purchases, contracts or other obligations or
16 expenditures of funds by the Authority shall be in accordance
17 with rules and regulations governing the Authority's
18 procurement practice and procedures and
19 The Authority shall promulgate and publish its
20 procurement such practices and procedures in sufficient
21 number for distribution to persons interested in bidding on
22 purchases or contracts to be let by the Authority. Such rules
23 and regulations shall be kept on file with the Secretary of
24 the Authority at all times and shall be available for
25 inspection by members of the public at all reasonable times
26 and hours.
27 Such rules and regulations shall be filed and become
28 effective in connection with the Illinois Administrative
29 Procedure Act.
30 (F) Any contract entered into for purchase or
31 expenditure of funds of the Authority made in violation of
32 this Act or the rules and regulations in pursuance thereof is
33 void and of no effect.
34 (G) Warrant. All sellers to the Authority shall attach a
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1 statement to the delivery invoice attesting that the
2 standards set forth in the contracts have been met. The
3 statement shall be substantially in the following form:
4 "The Seller,.... hereby certifies that the goods,
5 merchandise and wares shipped in accordance with the attached
6 delivery invoice have met all the required standards set
7 forth in the purchasing contract.
8 ....(Seller)."
9 Failure to attach the statement (H) Whoever violates the
10 provisions of this Section, or the rules and regulations
11 adopted in pursuance thereof, is guilty of a Class A
12 misdemeanor.
13 (Source: P.A. 86-1164.)
14 ARTICLE 98
15 HUMAN SERVICES DELIVERY ACT
16 Section 98-1. Short title. This Article may be cited as
17 the Human Services Delivery Act.
18 Section 98-5. Legislative findings and declaration of
19 policy.
20 (a) The purpose of this Article is to set forth a
21 program to better provide human services to needy citizens of
22 the State of Illinois. The State of Illinois contracts with
23 or provides grants to private entities for the purpose of
24 providing residential and day treatment services to the
25 mentally ill and developmentally disabled. The State of
26 Illinois enters into these contracts and provides these
27 grants in order to best provide the human services necessary
28 for the care and development of its neediest citizens.
29 (b) The legislature finds that the needs of its mentally
30 ill and developmentally disabled citizens cannot be met if
31 the services provided to them through contracts or grants
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1 between the State of Illinois and private providers are
2 subject to disruption. The legislature further finds that
3 the services are most likely to be disrupted if the private
4 providers of the services have illegally interfered with the
5 rights of the private providers' employees under federal law.
6 Private providers or employers found guilty of violating the
7 National Labor Relations Act are most likely to be subject to
8 strikes and other work stoppages by their employees, which
9 strikes or work stoppages have a detrimental effect on the
10 services being provided to Illinois citizens who are mentally
11 ill or developmentally disabled.
12 (c) It is hereby declared to be the policy of the State
13 of Illinois that in order to prevent the disruption of
14 residential and day treatment services to the mentally ill
15 and developmentally disabled citizens, the State of Illinois
16 shall not contract with or provide grants to private
17 providers to provide these services if the private provider
18 has been found to have violated the National Labor Relations
19 Act by committing 3 or more unfair labor practices in any 24
20 month period in the 3 years preceding the effective date or
21 renewal date of the contract, agreement, or grant.
22 Section 98-10. Definitions. As used in this Article,
23 unless the context otherwise requires:
24 "Contractor or grantee" means an entity other than the
25 State of Illinois, a department of the State of Illinois, or
26 political subdivision of the State of Illinois which has a
27 contractual or other relationship with the State of Illinois
28 or a department of the State of Illinois to provide
29 residential or day treatment services to the mentally ill or
30 developmentally disabled, which contract is funded in whole
31 or in part by the State of Illinois or through the Medicaid
32 Program of the State of Illinois.
33 "National Labor Relations Act" means the federal statute,
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1 found at 29 U.S.C. Section 101, et seq., as amended.
2 "Violation of the National Labor Relations Act" means a
3 decision by the National Labor Relations Board that the
4 National Labor Relations Act has been violated.
5 Section 98-20. Certification. No grantee or contractor
6 shall receive a grant or be considered for the purposes of
7 being awarded a contract for providing residential or day
8 treatment services for the mentally ill or developmentally
9 disabled, unless that grantee or contractor has certified to
10 the State of Illinois or to the granting or contracting
11 agency that it has not been found to have committed 3 or more
12 unfair labor practices during a 24 month period in the 3
13 years preceding the effective date of the contract or grant.
14 Section 98-25. Suspension or termination of the contract
15 or grant. Each contract or grant awarded by the State of
16 Illinois shall be subject to suspension of payments or
17 termination or both if it is determined that:
18 (a) The contractor or grantee has made a false
19 certification under Section 98-20 of this Article; or
20 (b) The contractor or grantee, after the effective date
21 of the contract or grant, is found to have committed 3 or
22 more unfair labor practices during a 24 month period under
23 the National Labor Relations Act.
24 Section 98-30. Debarment. Any contractor or grantee who
25 files a false certification under Section 98-20 or whose
26 contract or grant is suspended or terminated under Section
27 98-25 shall be debarred from seeking or obtaining a new
28 contract or grant covered under this Article for a period of
29 one year from the date that the contract or grant was
30 terminated or suspended.
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1 Section 98-35. Suspension, termination or debarment
2 proceedings; remediation.
3 (a) In any determination proceeding for suspension of
4 payment, termination, or debarment pursuant to this Article,
5 the only question shall be whether the contractor or grantee
6 has violated the National Labor Relations Act as defined by
7 this Article.
8 (b) All proceedings for suspension of payment,
9 termination, or debarment pursuant to this Article shall be
10 conducted in accordance with the Illinois Administrative
11 Procedure Act.
12 (c) Upon notice to the Department of Human Services from
13 a labor organization that a complaint has been issued by the
14 National Labor Relations Board against a contractor or
15 grantee, the Department shall at the request of the labor
16 organization convene a remediation session between the labor
17 organization and the contractor or grantee. The Department
18 shall establish rules concerning the conduct of the sessions.
19 (d) As minor violations of a technical nature are not
20 likely to result in interference with employees' rights
21 sufficient to cause significant disruption in the provision
22 of essential services, nothing herein shall preclude the
23 Department from making a finding that the violations were of
24 a technical nature with only de minimus impact on the rights
25 guaranteed under the National Labor Relations Act.
26 ARTICLE 99
27 EFFECTIVE DATE
28 Section 99-5. Effective date and transition. This
29 Article 99 and Article 98 take effect upon becoming law.
30 Article 95 takes effect January 1, 1999. Articles 1 through
31 90 take effect upon becoming law solely for the purposes of
32 appointment of the Procurement Policy Board and allowing the
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1 Procurement Policy Board and State agencies designated under
2 Article 5 to promulgate rules to implement this Code.
3 Articles 1 through 90, for all other purposes, take effect
4 January 1, 1999.".