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Sen. Antonio Muņoz
Filed: 4/11/2016
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1 | | AMENDMENT TO SENATE BILL 280
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2 | | AMENDMENT NO. ______. Amend Senate Bill 280 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Procurement Code is amended by |
5 | | changing Section 1-10 as follows:
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6 | | (30 ILCS 500/1-10)
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7 | | Sec. 1-10. Application.
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8 | | (a) This Code applies only to procurements for which |
9 | | bidders, offerors, potential contractors, or contractors were |
10 | | first
solicited on or after July 1, 1998. This Code shall not |
11 | | be construed to affect
or impair any contract, or any provision |
12 | | of a contract, entered into based on a
solicitation prior to |
13 | | the implementation date of this Code as described in
Article |
14 | | 99, including but not limited to any covenant entered into with |
15 | | respect
to any revenue bonds or similar instruments.
All |
16 | | procurements for which contracts are solicited between the |
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1 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be |
2 | | substantially in accordance
with this Code and its intent.
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3 | | (b) This Code shall apply regardless of the source of the |
4 | | funds with which
the contracts are paid, including federal |
5 | | assistance moneys.
This Code shall
not apply to:
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6 | | (1) Contracts between the State and its political |
7 | | subdivisions or other
governments, or between State |
8 | | governmental bodies except as specifically
provided in |
9 | | this Code.
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10 | | (2) Grants, except for the filing requirements of |
11 | | Section 20-80.
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12 | | (3) Purchase of care.
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13 | | (4) Hiring of an individual as employee and not as an |
14 | | independent
contractor, whether pursuant to an employment |
15 | | code or policy or by contract
directly with that |
16 | | individual.
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17 | | (5) Collective bargaining contracts.
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18 | | (6) Purchase of real estate, except that notice of this |
19 | | type of contract with a value of more than $25,000 must be |
20 | | published in the Procurement Bulletin within 10 calendar |
21 | | days after the deed is recorded in the county of |
22 | | jurisdiction. The notice shall identify the real estate |
23 | | purchased, the names of all parties to the contract, the |
24 | | value of the contract, and the effective date of the |
25 | | contract.
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26 | | (7) Contracts necessary to prepare for anticipated |
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1 | | litigation, enforcement
actions, or investigations, |
2 | | provided
that the chief legal counsel to the Governor shall |
3 | | give his or her prior
approval when the procuring agency is |
4 | | one subject to the jurisdiction of the
Governor, and |
5 | | provided that the chief legal counsel of any other |
6 | | procuring
entity
subject to this Code shall give his or her |
7 | | prior approval when the procuring
entity is not one subject |
8 | | to the jurisdiction of the Governor.
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9 | | (8) Contracts for
services to Northern Illinois |
10 | | University by a person, acting as
an independent |
11 | | contractor, who is qualified by education, experience, and
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12 | | technical ability and is selected by negotiation for the |
13 | | purpose of providing
non-credit educational service |
14 | | activities or products by means of specialized
programs |
15 | | offered by the university.
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16 | | (9) Procurement expenditures by the Illinois |
17 | | Conservation Foundation
when only private funds are used.
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18 | | (10) Procurement expenditures by the Illinois Health |
19 | | Information Exchange Authority involving private funds |
20 | | from the Health Information Exchange Fund. "Private funds" |
21 | | means gifts, donations, and private grants. |
22 | | (11) Public-private agreements entered into according |
23 | | to the procurement requirements of Section 20 of the |
24 | | Public-Private Partnerships for Transportation Act and |
25 | | design-build agreements entered into according to the |
26 | | procurement requirements of Section 25 of the |
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1 | | Public-Private Partnerships for Transportation Act. |
2 | | (12) Contracts for legal, financial, and other |
3 | | professional and artistic services entered into on or |
4 | | before December 31, 2018 by the Illinois Finance Authority |
5 | | in which the State of Illinois is not obligated. Such |
6 | | contracts shall be awarded through a competitive process |
7 | | authorized by the Board of the Illinois Finance Authority |
8 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
9 | | 50-35, and 50-37 of this Code, as well as the final |
10 | | approval by the Board of the Illinois Finance Authority of |
11 | | the terms of the contract. |
12 | | Notwithstanding any other provision of law, contracts |
13 | | entered into under item (12) of this subsection (b) shall be |
14 | | published in the Procurement Bulletin within 14 calendar days |
15 | | after contract execution. The chief procurement officer shall |
16 | | prescribe the form and content of the notice. The Illinois |
17 | | Finance Authority shall provide the chief procurement officer, |
18 | | on a monthly basis, in the form and content prescribed by the |
19 | | chief procurement officer, a report of contracts that are |
20 | | related to the procurement of goods and services identified in |
21 | | item (12) of this subsection (b). At a minimum, this report |
22 | | shall include the name of the contractor, a description of the |
23 | | supply or service provided, the total amount of the contract, |
24 | | the term of the contract, and the exception to the Code |
25 | | utilized. A copy of each of these contracts shall be made |
26 | | available to the chief procurement officer immediately upon |
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1 | | request. The chief procurement officer shall submit a report to |
2 | | the Governor and General Assembly no later than November 1 of |
3 | | each year that shall include, at a minimum, an annual summary |
4 | | of the monthly information reported to the chief procurement |
5 | | officer. |
6 | | (c) This Code does not apply to the electric power |
7 | | procurement process provided for under Section 1-75 of the |
8 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
9 | | Utilities Act. |
10 | | (d) Except for Section 20-160 and Article 50 of this Code, |
11 | | and as expressly required by Section 9.1 of the Illinois |
12 | | Lottery Law, the provisions of this Code do not apply to the |
13 | | procurement process provided for under Section 9.1 of the |
14 | | Illinois Lottery Law. |
15 | | (e) This Code does not apply to the process used by the |
16 | | Capital Development Board to retain a person or entity to |
17 | | assist the Capital Development Board with its duties related to |
18 | | the determination of costs of a clean coal SNG brownfield |
19 | | facility, as defined by Section 1-10 of the Illinois Power |
20 | | Agency Act, as required in subsection (h-3) of Section 9-220 of |
21 | | the Public Utilities Act, including calculating the range of |
22 | | capital costs, the range of operating and maintenance costs, or |
23 | | the sequestration costs or monitoring the construction of clean |
24 | | coal SNG brownfield facility for the full duration of |
25 | | construction. |
26 | | (f) This Code does not apply to the process used by the |
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1 | | Illinois Power Agency to retain a mediator to mediate sourcing |
2 | | agreement disputes between gas utilities and the clean coal SNG |
3 | | brownfield facility, as defined in Section 1-10 of the Illinois |
4 | | Power Agency Act, as required under subsection (h-1) of Section |
5 | | 9-220 of the Public Utilities Act. |
6 | | (g) This Code does not apply to the processes used by the |
7 | | Illinois Power Agency to retain a mediator to mediate contract |
8 | | disputes between gas utilities and the clean coal SNG facility |
9 | | and to retain an expert to assist in the review of contracts |
10 | | under subsection (h) of Section 9-220 of the Public Utilities |
11 | | Act. This Code does not apply to the process used by the |
12 | | Illinois Commerce Commission to retain an expert to assist in |
13 | | determining the actual incurred costs of the clean coal SNG |
14 | | facility and the reasonableness of those costs as required |
15 | | under subsection (h) of Section 9-220 of the Public Utilities |
16 | | Act. |
17 | | (h) This Code does not apply to the process to procure or |
18 | | contracts entered into in accordance with Sections 11-5.2 and |
19 | | 11-5.3 of the Illinois Public Aid Code. |
20 | | (i) Each chief procurement officer may access records |
21 | | necessary to review whether a contract, purchase, or other |
22 | | expenditure is or is not subject to the provisions of this |
23 | | Code, unless such records would be subject to attorney-client |
24 | | privilege. |
25 | | (j) This Code does not apply to the process used by the |
26 | | Capital Development Board to retain an artist or work or works |
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1 | | of art as required in Section 14 of the Capital Development |
2 | | Board Act. |
3 | | (k) This Code does not apply to the process to procure |
4 | | contracts, or contracts entered into, by the State Board of |
5 | | Elections or the State Electoral Board for hearing officers |
6 | | appointed pursuant to the Election Code. |
7 | | (l) This Code does not apply to the process to procure |
8 | | contracts, or contracts entered into, by the Department of |
9 | | State Police Merit Board for hearing officers appointed |
10 | | pursuant to Section 14 of the State Police Act for the purpose |
11 | | of conducting disciplinary hearings for the Department of State |
12 | | Police Merit Board. |
13 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, |
14 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; |
15 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; |
16 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. |
17 | | 1-1-15 .)".
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