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91_HB4296
LRB9111507JMdv
1 AN ACT to amend the Illinois Procurement Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5 changing Sections 1-10, 1-15.68, 20-10, 20-15, 20-25, 20-60,
6 20-80, 30-15, 35-30, 40-25, and 50-35 as follows:
7 (30 ILCS 500/1-10)
8 Sec. 1-10. Application.
9 (a) This Code applies only to procurements for which
10 contractors were first solicited on or after July 1, 1998.
11 This Code shall not be construed to affect or impair any
12 contract, or any provision of a contract, entered into based
13 on a solicitation prior to the implementation date of this
14 Code as described in Article 99, including but not limited to
15 any covenant entered into with respect to any revenue bonds
16 or similar instruments. All procurements for which contracts
17 are solicited between the effective date of Articles 50 and
18 99 and July 1, 1998 shall be substantially in accordance with
19 this Code and its intent.
20 (b) This Code shall apply regardless of the source of
21 the funds with which the contracts are paid, including
22 federal assistance moneys. This Code shall not apply to:
23 (1) contracts between the State and its political
24 subdivisions or other governments, or between State
25 governmental bodies except as specifically provided in
26 this Code.
27 (2) grants.
28 (3) purchase of care.
29 (4) hiring of an individual as employee and not as
30 an independent contractor, whether pursuant to an
31 employment code or policy or by contract directly with
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1 that individual.
2 (5) collective bargaining contracts.
3 (6) purchase of real estate.
4 (7) contracts necessary to prepare for anticipated
5 litigation, enforcement actions, or investigations,
6 provided that the chief legal counsel to the Governor
7 shall give his or her prior approval when the procuring
8 agency is one subject to the jurisdiction of the
9 Governor, and provided that the chief legal counsel of
10 any other procuring entity subject to this Code shall
11 give his or her prior approval when the procuring entity
12 is not one subject to the jurisdiction of the Governor.
13 (8) contracts for services to Northern Illinois
14 University by a person, acting as an independent
15 contractor, who is qualified by education, experience,
16 and technical ability and is selected by negotiation for
17 the purpose of providing non-credit educational service
18 activities or products by means of specialized programs
19 offered by the university.
20 (9) contracts for entertainment performances or
21 intercollegiate athletic contests.
22 (10) contracts for services to a public university
23 by a person acting as an independent contractor who is
24 qualified by education, experience, and technical ability
25 and is selected by negotiation for the purpose of
26 providing non-credit educational service activities or
27 products by means of specialized programs offered by the
28 public university.
29 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
30 8-19-99.)
31 (30 ILCS 500/1-15.68)
32 Sec. 1-15.68. Purchase of care. "Purchase of care"
33 means a contract with a person for the furnishing of medical,
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1 educational, psychiatric, vocational, rehabilitative, social,
2 or human services directly to a recipient of a State aid
3 program or a recipient of services from a medical school or
4 hospital operated by a public university or from a
5 psychiatric, vocational, rehabilitative, social, or human
6 services program operated by a public university.
7 (Source: P.A. 90-572, eff. 2-6-98.)
8 (30 ILCS 500/20-10)
9 Sec. 20-10. Competitive sealed bidding.
10 (a) Conditions for use. All contracts shall be awarded
11 by competitive sealed bidding except as otherwise provided in
12 Section 20-5.
13 (b) Invitation for bids. An invitation for bids shall
14 be issued and shall include a purchase description and the
15 material contractual terms and conditions applicable to the
16 procurement.
17 (c) Public notice. Public notice of the invitation for
18 bids shall be published in the Illinois Procurement Bulletin
19 at least 14 days before the date set in the invitation for
20 the opening of bids.
21 (d) Bid opening. Bids shall be opened publicly in the
22 presence of one or more witnesses at the time and place
23 designated in the invitation for bids. The name of each
24 bidder, the amount of each bid, and other relevant
25 information as may be specified by rule shall be recorded.
26 After the award of the contract, the winning bid and the
27 record of each unsuccessful bid shall be open to public
28 inspection.
29 (e) Bid acceptance and bid evaluation. Bids shall be
30 unconditionally accepted without alteration or correction,
31 except as authorized in this Code. Bids shall be evaluated
32 based on the requirements set forth in the invitation for
33 bids, which may include criteria to determine acceptability
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1 such as inspection, testing, quality, workmanship, delivery,
2 and suitability for a particular purpose. Those criteria
3 that will affect the bid price and be considered in
4 evaluation for award, such as discounts, transportation
5 costs, and total or life cycle costs, shall be objectively
6 measurable. The invitation for bids shall set forth the
7 evaluation criteria to be used.
8 (f) Correction or withdrawal of bids. Correction or
9 withdrawal of inadvertently erroneous bids before or after
10 award, or cancellation of awards of contracts based on bid
11 mistakes, shall be permitted in accordance with rules. After
12 bid opening, no changes in bid prices or other provisions of
13 bids prejudicial to the interest of the State or fair
14 competition shall be permitted. All decisions to permit the
15 correction or withdrawal of bids based on bid mistakes shall
16 be supported by written determination made by a State
17 purchasing officer.
18 (g) Award. The contract shall be awarded with
19 reasonable promptness by written notice to the lowest
20 responsible and responsive bidder whose bid meets the
21 requirements and criteria set forth in the invitation for
22 bids, except when a State purchasing officer determines it is
23 not in the best interest of the State and by written
24 explanation determines another bidder shall receive the
25 award. The explanation shall appear in the appropriate
26 volume of the Illinois Procurement Bulletin. The bidder
27 selected for award of a contract, except for those not
28 exceeding the small purchase limits established by and in
29 accordance with Section 20-20, shall be required to submit
30 for review prior to award a disclosure of financial interests
31 as required by Section 50-35. The financial disclosure of
32 the bidder awarded the contract shall become part of the
33 publicly available contract or procurement file maintained by
34 the awarding State purchasing officer.
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1 (h) Multi-step sealed bidding. When it is considered
2 impracticable to initially prepare a purchase description to
3 support an award based on price, an invitation for bids may
4 be issued requesting the submission of unpriced offers to be
5 followed by an invitation for bids limited to those bidders
6 whose offers have been qualified under the criteria set forth
7 in the first solicitation.
8 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
9 (30 ILCS 500/20-15)
10 Sec. 20-15. Competitive sealed proposals.
11 (a) Conditions for use. When provided under this Code
12 or under rules, or when the purchasing agency determines in
13 writing that the use of competitive sealed bidding is either
14 not practicable or not advantageous to the State, a contract
15 may be entered into by competitive sealed proposals.
16 (b) Request for proposals. Proposals shall be solicited
17 through a request for proposals.
18 (c) Public notice. Public notice of the request for
19 proposals shall be published in the Illinois Procurement
20 Bulletin at least 14 days before the date set in the
21 invitation for the opening of proposals.
22 (d) Receipt of proposals. Proposals shall be opened
23 publicly in the presence of one or more witnesses at the time
24 and place designated in the request for proposals, but
25 proposals shall be opened in a manner to avoid disclosure of
26 contents to competing offerors during the process of
27 negotiation. A record of proposals shall be prepared and
28 shall be open for public inspection after contract award.
29 (e) Evaluation factors. The requests for proposals
30 shall state the relative importance of price and other
31 evaluation factors. Proposals shall be submitted in 2 parts:
32 the first, covering items except price; and the second,
33 covering price. The first part of all proposals shall be
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1 evaluated and ranked independently of the second part of all
2 proposals.
3 (f) Discussion with responsible offerors and revisions
4 of proposals. As provided in the request for proposals and
5 under rules, discussions may be conducted with responsible
6 offerors who submit proposals determined to be reasonably
7 susceptible of being selected for award for the purpose of
8 clarifying and assuring full understanding of and
9 responsiveness to the solicitation requirements. Those
10 offerors shall be accorded fair and equal treatment with
11 respect to any opportunity for discussion and revision of
12 proposals. Revisions may be permitted after submission and
13 before award for the purpose of obtaining best and final
14 offers. In conducting discussions there shall be no
15 disclosure of any information derived from proposals
16 submitted by competing offerors. If information is disclosed
17 to any offeror, it shall be provided to all competing
18 offerors.
19 (g) Award. Awards shall be made to the responsible
20 offeror whose proposal is determined in writing to be the
21 most advantageous to the State, taking into consideration
22 price and the evaluation factors set forth in the request for
23 proposals. The contract file shall contain the basis on
24 which the award is made. The respondent selected for award of
25 a contract, except for those not exceeding the small purchase
26 limits established by and in accordance with Section 20-20,
27 shall be required to submit for review prior to award a
28 disclosure of financial interests as required by Section
29 50-35. The financial disclosure of the successful offeror
30 awarded the contract shall become part of the publicly
31 available contract or procurement file maintained by the
32 State purchasing officer.
33 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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1 (30 ILCS 500/20-25)
2 Sec. 20-25. Sole source procurements. In accordance
3 with standards set by rule, contracts may be awarded without
4 use of the specified method of source selection when there is
5 only one economically feasible source for the item. At least
6 5 business days 2 weeks before entering into a sole source
7 contract, the purchasing agency shall publish in the Illinois
8 Procurement Bulletin a notice of intent to do so along with a
9 description of the item to be procured and the intended sole
10 source contractor.
11 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
12 (30 ILCS 500/20-60)
13 Sec. 20-60. Duration of contracts.
14 (a) Maximum duration. A contract may be entered into
15 for any period of time deemed to be in the best interests of
16 the State but not exceeding 10 years or, with regard to
17 credit enhancements and other contracts that are necessary or
18 advantageous to the State in connection with a debt
19 financing, for the term of the instrument of indebtedness.
20 The length of a lease for real property or capital
21 improvements shall be in accordance with the provisions of
22 Section 40-25. In a contract for the purchase of group
23 insurance coverage, including but not limited to (i)
24 purchases pursuant to the State Employees Group Insurance Act
25 of 1971 or Section 405-105 of the Department of Central
26 Management Services Law of the Civil Administrative Code of
27 Illinois (20 ILCS 405/405-105) and (ii) purchases of group
28 insurance coverage by public universities for their students
29 or employees and dependents, when the original procurement
30 was for an initial term plus renewals, the renewal rate may
31 be negotiated annually without competitive selection based on
32 actuarial factors, including the prior year's experience.
33 (b) Subject to appropriation. All contracts made or
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1 entered into and to be paid from State appropriated funds
2 shall recite that they are subject to termination and
3 cancellation in any year for which the General Assembly fails
4 to make an appropriation to make payments under the terms of
5 the contract.
6 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
7 (30 ILCS 500/20-80)
8 Sec. 20-80. Contract files.
9 (a) Written determinations. All written determinations
10 required under this Article shall be placed in the contract
11 file maintained by the chief procurement officer.
12 (b) Filing with Comptroller. Whenever a contract
13 liability, except for:
14 (1) contracts paid from personal services, or
15 (2) contracts between the State and its employees
16 to defer compensation in accordance with Article 24 of
17 the Illinois Pension Code
18 exceeding $10,000 is incurred by any State agency, a copy of
19 the contract, purchase order, or lease shall be filed with
20 the Comptroller, or at repositories identified by the
21 Comptroller for contracts not funded by State appropriations,
22 within 15 days thereafter. Any cancellation or modification
23 to any such contract liability shall be filed with the
24 Comptroller or appropriate repository within 15 days of its
25 execution.
26 (c) Late filing affidavit. When a contract, purchase
27 order, or lease required to be filed by this Section has not
28 been filed within 30 days of execution, the Comptroller shall
29 refuse to issue a warrant for payment thereunder until the
30 agency files with the Comptroller the contract, purchase
31 order, or lease and an affidavit, signed by the chief
32 executive officer of the agency or his or her designee,
33 setting forth an explanation of why the contract liability
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1 was not filed within 30 days of execution. A copy of this
2 affidavit shall be filed with the Auditor General.
3 (d) Professional and artistic services contracts. No
4 voucher shall be submitted to the Comptroller for a warrant
5 to be drawn for the payment of money from the State treasury
6 or from other funds held by the State Treasurer on account of
7 any contract for services involving professional or artistic
8 skills involving an expenditure of more than $5,000 for the
9 same type of service at the same location during any fiscal
10 year unless the contract is reduced to writing before the
11 services are performed and filed with the Comptroller. When
12 a contract for professional or artistic skills in excess of
13 $5,000 was not reduced to writing before the services were
14 performed, the Comptroller shall refuse to issue a warrant
15 for payment for the services until the State agency files
16 with the Comptroller:
17 (1) a written contract covering the services, and
18 (2) an affidavit, signed by the chief executive
19 officer of the State agency or his or her designee,
20 stating that the services for which payment is being made
21 were agreed to before commencement of the services and
22 setting forth an explanation of why the contract was not
23 reduced to writing before the services commenced.
24 A copy of this affidavit shall be filed with the Auditor
25 General. The Comptroller shall maintain professional or
26 artistic service contracts filed under this Section
27 separately from other filed contracts.
28 (e) Method of source selection. When a contract is
29 filed with the Comptroller under this Section, the
30 Comptroller's file shall identify the method of source
31 selection used in obtaining the contract.
32 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
33 (30 ILCS 500/30-15)
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1 Sec. 30-15. Method of source selection.
2 (a) Competitive sealed bidding. Except as provided in
3 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
4 20-30, and 30-35, all State construction contracts shall be
5 procured by competitive sealed bidding in accordance with
6 Section 20-10.
7 (b) Other methods. The Capital Development Board shall
8 establish by rule construction purchases that may be made
9 without competitive sealed bidding and the most competitive
10 alternate method of source selection that shall be used.
11 (c) Construction-related professional services. All
12 construction-related professional services contracts shall be
13 awarded in accordance with the provisions of the
14 Architectural, Engineering, and Land Surveying Qualifications
15 Based Selection Act. "Professional services" means those
16 services within the scope of the practice of architecture,
17 professional engineering, structural engineering, or
18 registered land surveying, as defined by the laws of this
19 State.
20 (d) Correctional facilities. Remodeling and
21 rehabilitation projects at correctional facilities under
22 $25,000 funded from the General Revenue Fund are exempt from
23 the provisions of this Article. The Department of
24 Corrections may use inmate labor for the remodeling or
25 rehabilitation of correctional facilities on those projects
26 under $25,000 funded from the General Revenue Fund.
27 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
28 (30 ILCS 500/35-30)
29 Sec. 35-30. Awards.
30 (a) All State contracts for professional and artistic
31 services, except as provided in this Section, shall be
32 awarded using the competitive request for proposal process
33 outlined in this Section.
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1 (b) For each contract offered, the chief procurement
2 officer, State purchasing officer, or his or her designee
3 shall use the appropriate standard solicitation forms
4 available from the Department of Central Management Services
5 or the higher education chief procurement officer.
6 (c) Prepared forms shall be submitted to the Department
7 of Central Management Services or the higher education chief
8 procurement officer, whichever is appropriate, for
9 publication in its Illinois Procurement Bulletin and
10 circulation to the Department of Central Management Services'
11 or the higher education chief procurement officer's list of
12 prequalified vendors. Notice of the offer or request for
13 proposal shall appear at least 14 days before the response to
14 the offer is due.
15 (d) All interested respondents shall return their
16 responses to the Department of Central Management Services or
17 the higher education chief procurement officer, whichever is
18 appropriate, which shall open and record them. The
19 Department or higher education chief procurement officer then
20 shall forward the responses, together with any information it
21 has available about the qualifications and other State work
22 of the respondents.
23 (e) After evaluation, ranking, and selection, the
24 successful respondent for a contract, other than a small
25 purchase as provided in Section 35-35, shall submit a
26 disclosure of financial interests as required by Section
27 50-35. The financial disclosure of the successful respondent
28 shall become part of the publicly available contract file
29 maintained by the appropriate chief procurement officer. The
30 responsible chief procurement officer, State purchasing
31 officer, or his or her designee shall notify the Department
32 of Central Management Services or the higher education chief
33 procurement officer, whichever is appropriate, of the
34 successful respondent and shall forward a copy of the signed
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1 contract for the Department's or higher education chief
2 procurement officer's file. The Department or higher
3 education chief procurement officer shall publish the names
4 of the responsible procurement decision-maker, the agency
5 letting the contract, the successful respondent, a contract
6 reference, and value of the let contract in the next
7 appropriate volume of the Illinois Procurement Bulletin.
8 (f) For all professional and artistic contracts with
9 annualized value that exceeds $25,000, evaluation and ranking
10 by price are required. Any chief procurement officer or
11 State purchasing officer, but not their designees, may select
12 an offeror other than the lowest bidder by price. In any
13 case, when the contract exceeds the $25,000 threshhold and
14 the lowest bidder is not selected, the chief procurement
15 officer or the State purchasing officer shall forward
16 together with the contract notice of who the low bidder was
17 and a written decision as to why another was selected to the
18 Department of Central Management Services or the higher
19 education chief procurement officer, whichever is
20 appropriate. The Department or higher education chief
21 procurement officer shall publish as provided in subsection
22 (e) of Section 35-30, but shall include notice of the chief
23 procurement officer's or State purchasing officer's written
24 decision.
25 (g) The Department of Central Management Services and
26 higher education chief procurement officer may each refine,
27 but not contradict, this Section by promulgating rules for
28 submission to the Procurement Policy Board and then to the
29 Joint Committee on Administrative Rules. Any refinement
30 shall be based on the principles and procedures of the
31 federal Architect-Engineer Selection Law, Public Law 92-582
32 Brooks Act, and the Architectural, Engineering, and Land
33 Surveying Qualifications Based Selection Act; except that
34 pricing shall be an integral part of the selection process.
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1 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
2 (30 ILCS 500/40-25)
3 Sec. 40-25. Length of leases.
4 (a) Maximum term. Leases shall be for a term not to
5 exceed 10 years and shall include a termination option in
6 favor of the State after 5 years. Upon the recommendation of
7 the chief procurement officer and approval by the Board,
8 leases paid from other than State appropriated funds may be
9 for a term of up to 25 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 and notice of the exercise of the
14 option is published in the appropriate volume of the
15 Procurement Bulletin at least 60 days prior to the exercise
16 of the option.
17 (c) Subject to appropriation. All leases paid from
18 State appropriations shall recite that they are subject to
19 termination and cancellation in any year for which the
20 General Assembly fails to make an appropriation to make
21 payments under the terms of the lease.
22 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
23 (30 ILCS 500/50-35)
24 Sec. 50-35. Disclosure and potential conflicts of
25 interest.
26 (a) The disclosure of financial interests required by
27 Sections 20-10(g), 20-15(g) and 35-30(e) of this Code shall
28 be made regarding any person whose ownership or beneficial
29 ownership interest in the potential contractor, or in another
30 entity owning and controlling the potential contractor,
31 exceeds 5% or results in an annual distribution of profits or
32 income, without regard to the manner of distribution, in
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1 excess of $150,000, whichever is less. If the potential
2 contractor is a publicly traded entity subject to federal 10K
3 reporting, it may submit its 10K disclosure in place of the
4 prescribed disclosure. If the potential contractor is a
5 privately held entity that is exempt from federal 10k
6 reporting but has more than 400 shareholders, it may submit
7 the information that federal 10k reporting companies are
8 required to report under 17 CFR 229.401 and list the names of
9 any person or entity holding any ownership share that is in
10 excess of 5% in place of the prescribed disclosure. For
11 purposes of valuing the ownership interest level subject to
12 disclosure, the value of interests held in Employee Stock
13 Ownership Plans (ESOP) or other retirement plans qualified by
14 the United States Internal Revenue Service shall be excluded.
15 The responsible chief procurement officer may establish such
16 procedures as may be required to provide for the efficient
17 submission, effective review, and proper retention of
18 disclosure information, including but not limited to the
19 incorporation of the disclosure process into any
20 prequalification procedure established to determine
21 contractor responsibility applicable to the contract being
22 let or offered. Each July 1, the annual distribution amount
23 established in this Section shall be adjusted for inflation
24 as determined by application of the percentage of increase
25 determined by the United States Department of Labor in the
26 Consumer Price Index for all Urban Consumers, rounded to the
27 nearest $100. All offers from responsive bidders or offerors
28 with an annual value of more than $10,000 shall be
29 accompanied by disclosure of the financial interests of the
30 contractor, bidder, or proposer. The financial disclosure of
31 each successful bidder or offeror shall become part of the
32 publicly available contract or procurement file maintained by
33 the appropriate chief procurement officer.
34 (b) Disclosure by the responsive bidders or offerors
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1 shall include any ownership or distributive income share that
2 is in excess of 5%, or an amount greater than 60% of the
3 annual salary of the Governor, of the bidding entity or its
4 parent entity, whichever is less, unless the contractor or
5 bidder (i) is a publicly traded entity subject to Federal 10K
6 reporting, in which case it may submit its 10K disclosure in
7 place of the prescribed disclosure, or (ii) is a privately
8 held entity that is exempt from Federal 10k reporting but has
9 more than 400 shareholders, in which case it may submit the
10 information that Federal 10k reporting companies are required
11 to report under 17 CFR 229.401 and list the names of any
12 person or entity holding any ownership share that is in
13 excess of 5% in place of the prescribed disclosure. The form
14 of disclosure and procedures for submitting disclosures shall
15 be prescribed by the applicable chief procurement officer and
16 must include at least the names, addresses, and dollar or
17 proportionate share of ownership of each person identified in
18 this Section, their instrument of ownership or beneficial
19 relationship, and notice of any potential conflict of
20 interest resulting from the current ownership or beneficial
21 relationship of each person identified in this Section
22 having, in addition, any of the following relationships:
23 (1) State employment, currently or in the previous
24 3 years, including contractual employment for personal of
25 services.
26 (2) State employment of spouse, father, mother,
27 son, or daughter, including contractual employment for
28 services in the previous 2 years.
29 (3) Elective status; the holding of elective office
30 of the State of Illinois, the government of the United
31 States, any unit of local government authorized by the
32 Constitution of the State of Illinois or the statutes of
33 the State of Illinois currently or in the previous 3
34 years.
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1 (4) Relationship to anyone holding elective office
2 currently or in the previous 2 years; spouse, father,
3 mother, son, or daughter.
4 (5) Appointive office; the holding of any
5 appointive government office of the State of Illinois,
6 the United States of America, or any unit of local
7 government authorized by the Constitution of the State of
8 Illinois or the statutes of the State of Illinois, which
9 office entitles the holder to compensation in excess of
10 expenses incurred in the discharge of that office
11 currently or in the previous 3 years.
12 (6) Relationship to anyone holding appointive
13 office currently or in the previous 2 years; spouse,
14 father, mother, son, or daughter.
15 (7) Employment, currently or in the previous 3
16 years, as or by any registered lobbyist of the State
17 government.
18 (8) Relationship to anyone who is or was a
19 registered lobbyist in the previous 2 years; spouse,
20 father, mother, son, or daughter.
21 (9) Compensated employment, currently or in the
22 previous 3 years, by any registered election or
23 re-election committee registered with the Secretary of
24 State or any county clerk in the State of Illinois, or
25 any political action committee registered with either the
26 Secretary of State or the Federal Board of Elections.
27 (10) Relationship to anyone; spouse, father,
28 mother, son, or daughter; who is or was a compensated
29 employee in the last 2 years of any registered election
30 or re-election committee registered with the Secretary of
31 State or any county clerk in the State of Illinois, or
32 any political action committee registered with either the
33 Secretary of State or the Federal Board of Elections.
34 (c) The disclosure in subsection (b) is not intended to
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1 prohibit or prevent any contract. The disclosure is meant to
2 fully and publicly disclose any potential conflict to the
3 chief procurement officers, State purchasing officers, their
4 designees, and executive officers so they may adequately
5 discharge their duty to protect the State.
6 (d) In the case of any contract for personal services in
7 excess of $50,000; any contract competitively bid in excess
8 of $250,000; any other contract in excess of $50,000; or as
9 part of a prequalification procedure established for any such
10 contract or category of contracts, when a potential for a
11 conflict of interest is identified, discovered, or reasonably
12 suspected it shall be reviewed and commented on in writing by
13 the Governor of the State of Illinois, or by an executive
14 ethics board or commission he or she might designate. The
15 comment shall be returned to the responsible chief
16 procurement officer who must rule in writing whether to void
17 or allow the contract, bid, offer, or proposal weighing the
18 best interest of the State of Illinois. The comment and
19 determination shall become a publicly available part of the
20 contract, bid, or proposal, or prequalification file. Once a
21 potential conflict of interest has been reviewed and
22 commented upon by the Governor or designated board or
23 commission, and the responsible chief procurement officer has
24 ruled thereon, the comment and determination shall be
25 applicable to subsequent, substantially similar types of
26 contracts with the same contractor without need of further
27 review and comment, provided the responsible chief
28 procurement officer certifies to the Governor or designated
29 board or commission, prior to award of any subsequent
30 contract, that there has been no material change in the
31 disclosures made by the potential contractor and that all
32 material information previously submitted for review remains
33 unchanged.
34 (e) These threshholds and disclosure do not relieve the
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1 chief procurement officer, the State purchasing officer, or
2 their designees from reasonable care and diligence for any
3 contract, bid, offer, or proposal. The chief procurement
4 officer, the State purchasing officer, or their designees
5 shall be responsible for using any publicly available
6 information submitted to or maintained by them or their
7 respective agencies or of which they otherwise have knowledge
8 to discover an individual reasonably known and publicly
9 available information to discover any undisclosed potential
10 conflict of interest and act to protect the best interest of
11 the State of Illinois.
12 (f) Inadvertent or accidental failure to fully disclose
13 shall render the contract, bid, proposal, or relationship
14 voidable by the chief procurement officer if he or she deems
15 it in the best interest of the State of Illinois and, at his
16 or her discretion, may be cause for barring from future
17 contracts, bids, proposals, or relationships with the State
18 for a period of up to 2 years.
19 (g) Intentional, willful, or material failure to
20 disclose shall render the contract, bid, proposal, or
21 relationship voidable by the chief procurement officer if he
22 or she deems it in the best interest of the State of Illinois
23 and shall result in debarment from future contracts, bids,
24 proposals, or relationships for a period of not less than 2
25 years and not more than 10 years. Reinstatement after 2
26 years and before 10 years must be reviewed and commented on
27 in writing by the Governor of the State of Illinois, or by an
28 executive ethics board or commission he or she might
29 designate. The comment shall be returned to the responsible
30 chief procurement officer who must rule in writing whether
31 and when to reinstate.
32 (h) In addition, upon request of the chief procurement
33 officer or State purchasing officer, all disclosures shall
34 note any other current or pending contracts, proposals,
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1 leases, or other ongoing procurement relationships the
2 bidding, proposing, or offering entity has with any other
3 unit of State government and shall clearly identify the unit
4 and the contract, proposal, lease, or other relationship.
5 (Source: P.A. 90-572, eff. 2-6-98; 91-146, eff. 7-16-99.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.