95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2608

 

Introduced 2/15/2008, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Legislative Contract Disclosure Act and the Lieutenant Governor's Contract Disclosure Act and amends the State Budget Law, the Attorney General Act, the Secretary of State Act, the State Comptroller Act, the State Treasurer Act, and the Illinois State Auditing Act. Requires that the offices of statewide officers, legislators, legislative agencies, and the Auditor General post on their websites disclosures with respect to each of their contracts with an annual value of $50,000 or more. Specifies the contents of the disclosure, including the names of the contracting entity and others with whom the contracting entity has a financial relationship. Amends the Illinois Procurement Code to require posting on the online Procurement Bulletin of similar disclosures by bidders and offerors on State contracts with an annual value of $50,000 or more. Amends the Illinois Procurement Code to make changes with respect to the following: amendments to contracts; contents of the Procurement Bulletin; contract renewals; use of competitive bidding; sole source procurements; emergency procurements; bidders and offerors authorized to do business in Illinois; contract specifications; expense reimbursement; contract payments; lease holdovers; conflict of interest waivers; and contract voidability. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2608 LRB095 19118 JAM 45329 b

1     AN ACT concerning procurement.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4
ARTICLE 1

 
5     Section 1-1. Short title. This Article may be cited as the
6 Legislative Contract Disclosure Act.
 
7     Section 1-5. Definitions. For purposes of this Article:
8     "Contract" means any contract or agreement for goods or
9 services executed by a member of the General Assembly,
10 legislative office, or legislative agency, with an annual value
11 of $50,000 or more, except, regardless of amount, "contract" as
12 used in this Article shall not include the following:
13         (1) Contracts with State agencies or officers or other
14     political subdivisions;
15         (2) Hiring of an individual as an employee or
16     independent contractor, whether pursuant to an employment
17     code or policy or by contract directly with that
18     individual;
19         (3) Collective bargaining contracts;
20         (4) Purchase of real estate; or
21         (5) Contracts necessary to prepare for anticipated
22     litigation, enforcement actions, or investigations.

 

 

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1     "Contracting entity" means an entity that has executed a
2 contract with the member of the General Assembly, legislative
3 office, or legislative agency.
4     "Key persons" means any persons who (i) have an ownership
5 or distributive income share in the contracting entity that is
6 in excess of 5%, or an amount greater than 60% of the annual
7 salary of the Governor; (ii) serve as executive officers of the
8 contracting entity; (iii) are employed by the contracting
9 entity who are required to register as lobbyists under the
10 Lobbyist Registration Act; (iv) are individuals or entities
11 with whom the contracting entity is contracting who are
12 required to register as lobbyists under the Lobbyist
13 Registration Act; and (v) are employed by the contracting
14 entity who are special government agents as defined in Section
15 4A-101(l) of the Illinois Governmental Ethics Act.
 
16     Section 1-10. Notice. Notice of the execution of contracts
17 shall be posted on the website of the Illinois General Assembly
18 that includes a brief description of the purpose of the
19 contract and disclosure of the names of the following:
20         (1) The contracting entity;
21         (2) Any entity that is a parent of, or owns a
22     controlling interest in, the contracting entity;
23         (3) Any entity that is a subsidiary of, or owns a
24     controlling interest in, the contracting entity;
25         (4) Any subcontractor that will be contracting with the

 

 

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1     contracting entity;
2         (5) Any State, local, or federal political committee
3     that makes or may make political contributions on behalf of
4     or at the direction of the contracting entity; and
5         (6) The key persons of the contracting entity and any
6     subcontractor.
7 This notice shall be posted within 10 business days after the
8 contract is awarded.
 
9     Section 1-15. Application. This Article applies to
10 contracts executed on or after the effective date of this
11 amendatory Act of the 95th General Assembly.
 
12
ARTICLE 5

 
13     Section 5-1. Short title. This Article may be cited as the
14 Lieutenant Governor's Contract Disclosure Act.
 
15     Section 5-5. Definitions. For purposes of this Article:
16     "Contract" means any contract or agreement for goods or
17 services executed by the office of the Lieutenant Governor with
18 an annual value of $50,000 or more, except, regardless of
19 amount, "contract" as used in this Section shall not include
20 the following:
21         (1) Contracts with State agencies or officers or other
22     political subdivisions;

 

 

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1         (2) Hiring of an individual as an employee or
2     independent contractor, whether pursuant to an employment
3     code or policy or by contract directly with that
4     individual;
5         (3) Collective bargaining contracts;
6         (4) Purchase of real estate; or
7         (5) Contracts necessary to prepare for anticipated
8     litigation, enforcement actions, or investigations.
9     "Contracting entity" means an entity that has executed a
10 contract with the Office of the Lieutenant Governor.
11     "Key persons" means any persons who (i) have an ownership
12 or distributive income share in the contracting entity that is
13 in excess of 5%, or an amount greater than 60% of the annual
14 salary of the Governor; (ii) serve as executive officers of the
15 contracting entity; (iii) are employed by the contracting
16 entity who are required to register as lobbyists under the
17 Lobbyist Registration Act; (iv) are individuals or entities
18 with whom the contracting entity is contracting who are
19 required to register as lobbyists under the Lobbyist
20 Registration Act; and (v) are employed by the contracting
21 entity who are special government agents as defined in Section
22 4A-101(l) of the Illinois Governmental Ethics Act.
 
23     Section 5-10. Notice. Notice of the execution of contracts
24 shall be posted on the website of the Office of the Lieutenant
25 Governor that includes a brief description of the purpose of

 

 

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1 the contract and disclosure of the names of the following:
2         (1) The contracting entity;
3         (2) Any entity that is a parent of, or owns a
4     controlling interest in, the contracting entity;
5         (3) Any entity that is a subsidiary of, or owns a
6     controlling interest in, the contracting entity;
7         (4) Any subcontractor that will be contracting with the
8     contracting entity;
9         (5) Any State, local, or federal political committee
10     that makes or may make political contributions on behalf of
11     or at the direction of the contracting entity; and
12         (6) The key persons of the contracting entity and any
13     subcontractor.
14 This notice shall be posted within 10 business days after the
15 contract is awarded.
 
16     Section 5-15. Application. This Article applies to
17 contracts executed on or after the effective date of this
18 amendatory Act of the 95th General Assembly.
 
19
ARTICLE 90

 
20     Section 90-5. The State Budget Law is amended by adding
21 Section 50-25 as follows:
 
22     (15 ILCS 20/50-25 new)

 

 

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1     Sec. 50-25. Governor's Contract Disclosure.
2     (a) For purposes of this Section:
3     "Contract" means any contract or agreement for goods or
4 services executed by the Office of the Governor, with an annual
5 value of $50,000 or more, except, regardless of amount,
6 "contract" as used in this Section shall not include the
7 following:
8         (1) Contracts with State agencies or officers or other
9     political subdivisions;
10         (2) Hiring of an individual as an employee or
11     independent contractor, whether pursuant to an employment
12     code or policy or by contract directly with that
13     individual;
14         (3) Collective bargaining contracts;
15         (4) Purchase of real estate; or
16         (5) Contracts necessary to prepare for anticipated
17     litigation, enforcement actions, or investigations.
18     "Contracting entity" means an entity that has executed a
19 contract with the Office of the Governor.
20     "Key persons" means any persons who (i) have an ownership
21 or distributive income share in the contracting entity that is
22 in excess of 5%, or an amount greater than 60% of the annual
23 salary of the Governor; (ii) serve as executive officers of the
24 contracting entity; (iii) are employed by the contracting
25 entity who are required to register as lobbyists under the
26 Lobbyist Registration Act; (iv) are individuals or entities

 

 

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1 with whom the contracting entity is contracting who are
2 required to register as lobbyists under the Lobbyist
3 Registration Act; and (v) are employed by the contracting
4 entity who are special government agents as defined in Section
5 4A-101(l) of the Illinois Governmental Ethics Act.
6     (b) Notice of the execution of contracts shall be posted on
7 the website of the Office of the Governor that includes a brief
8 description of the purpose of the contract and disclosure of
9 the names of the following:
10         (1) The contracting entity;
11         (2) Any entity that is a parent of, or owns a
12     controlling interest in, the contracting entity;
13         (3) Any entity that is a subsidiary of, or owns a
14     controlling interest in, the contracting entity;
15         (4) Any subcontractor that will be contracting with the
16     contracting entity;
17         (5) Any State, local, or federal political committee
18     which makes or may make political contributions on behalf
19     or at the direction of the contracting entity; and
20         (6) The key persons of the contracting entity and any
21     subcontractor.
22 This notice shall be posted within 10 business days after the
23 contract is awarded.
24     (c) This Section applies to contracts executed on or after
25 the effective date of this amendatory Act of the 95th General
26 Assembly.
 

 

 

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1     Section 90-10. The Attorney General Act is amended by
2 adding Section 6.10 as follows:
 
3     (15 ILCS 205/6.10 new)
4     Sec. 6.10. Attorney General's Contract Disclosure.
5     (a) For purposes of this Section:
6     "Contract" means any contract or agreement for goods or
7 services executed by the Office of the Attorney General, with
8 an annual value of $50,000 or more, except, regardless of
9 amount, "contract" as used in this Section shall not include
10 the following:
11         (1) Contracts with State agencies or officers or other
12     political subdivisions;
13         (2) Hiring of an individual as an employee or
14     independent contractor, whether pursuant to an employment
15     code or policy or by contract directly with that
16     individual;
17         (3) Collective bargaining contracts;
18         (4) Purchase of real estate; or
19         (5) Contracts necessary to prepare for anticipated
20     litigation, enforcement actions or investigations.
21     "Contracting entity" means an entity that has executed a
22 contract with the Office of the Attorney General.
23     "Key persons" means any persons who (i) have an ownership
24 or distributive income share in the contracting entity that is

 

 

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1 in excess of 5%, or an amount greater than 60% of the annual
2 salary of the Governor; (ii) serve as executive officers of the
3 contracting entity; (iii) are employed by the contracting
4 entity who are required to register as lobbyists under the
5 Lobbyist Registration Act; (iv) are individuals or entities
6 with whom the contracting entity is contracting who are
7 required to register as lobbyists under the Lobbyist
8 Registration Act; and (v) are employed by the contracting
9 entity who are special government agents as defined in Section
10 4A-101(l) of the Illinois Governmental Ethics Act.
11     (b) Notice of the execution of contracts shall be posted on
12 the website of the Office of the Attorney General that includes
13 a brief description of the purpose of the contract and
14 disclosure of the names of the following:
15         (1) The contracting entity;
16         (2) Any entity that is a parent of, or owns a
17     controlling interest in, the contracting entity;
18         (3) Any entity that is a subsidiary of, or owns a
19     controlling interest in, the contracting entity;
20         (4) Any subcontractor that will be contracting with the
21     contracting entity;
22         (5) Any State, local, or federal political committee
23     which makes or may make political contributions on behalf
24     of or at the direction of the contracting entity; and
25         (6) The key persons of the contracting entity and any
26     subcontractor.

 

 

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1 This notice shall be posted within 10 business days after the
2 contract is awarded.
3     (c) This Section applies to contracts executed on or after
4 the effective date of this amendatory Act of the 95th General
5 Assembly.
 
6     Section 90-12. The Secretary of State Act is amended by
7 adding Section 30 as follows:
 
8     (15 ILCS 305/30 new)
9     Sec. 30. Secretary of State's Contract Disclosure.
10     (a) For purposes of this Section:
11     "Contract" means any contract or agreement for goods or
12 services executed by the Office of the Secretary of State, with
13 an annual value of $50,000 or more, except, regardless of
14 amount, "contract" as used in this Section shall not include
15 the following:
16         (1) Contracts with State agencies or officers or other
17     political subdivisions;
18         (2) Hiring of an individual as an employee or
19     independent contractor, whether pursuant to an employment
20     code or policy or by contract directly with that
21     individual;
22         (3) Collective bargaining contracts;
23         (4) Purchase of real estate; or
24         (5) Contracts necessary to prepare for anticipated

 

 

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1     litigation, enforcement actions, or investigations.
2     "Contracting entity" means an entity that has executed a
3 contract with the Office of the Secretary of State.
4     "Key persons" means any persons who (i) have an ownership
5 or distributive income share in the contracting entity that is
6 in excess of 5%, or an amount greater than 60% of the annual
7 salary of the Governor; (ii) serve as executive officers of the
8 contracting entity; (iii) are employed by the contracting
9 entity who are required to register as lobbyists under the
10 Lobbyist Registration Act; (iv) are individuals or entities
11 with whom the contracting entity is contracting who are
12 required to register as lobbyists under the Lobbyist
13 Registration Act; and (v) are employed by the contracting
14 entity who are special government agents as defined in Section
15 4A-101(l) of the Illinois Governmental Ethics Act.
16     (b) Notice of the execution of contracts shall be posted on
17 the website of the Office of the Secretary of State that
18 includes a brief description of the purpose of the contract and
19 disclosure of the names of the following:
20         (1) The contracting entity;
21         (2) Any entity that is a parent of, or owns a
22     controlling interest in, the contracting entity;
23         (3) Any entity that is a subsidiary of, or owns a
24     controlling interest in, the contracting entity;
25         (4) Any subcontractor that will be contracting with the
26     contracting entity;

 

 

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1         (5) Any State, local, or federal political committee
2     that makes or may make political contributions on behalf of
3     or at the direction of the contracting entity; and
4         (6) The key persons of the contracting entity and any
5     subcontractor.
6 This notice shall be posted within 10 business days after the
7 contract is awarded.
8     (c) This Section applies to contracts executed on or after
9 the effective date of this amendatory Act of the 95th General
10 Assembly.
 
11     Section 90-13. The State Comptroller Act is amended by
12 adding Section 40 as follows:
 
13     (15 ILCS 405/40 new)
14     Sec. 40. Comptroller's Contract Disclosure.
15     (a) For purposes of this Section:
16     "Contract" means any contract or agreement for goods or
17 services executed by the Office of the Comptroller, with an
18 annual value of $50,000 or more, except, regardless of amount,
19 "contract" as used in this Section shall not include the
20 following:
21         (1) Contracts with State agencies or officers or other
22 political subdivisions;
23         (2) Hiring of an individual as an employee or
24 independent contractor, whether pursuant to an employment code

 

 

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1 or policy or by contract directly with that individual;
2         (3) Collective bargaining contracts;
3         (4) Purchase of real estate; or
4         (5) Contracts necessary to prepare for anticipated
5 litigation, enforcement actions, or investigations.
6     "Contracting entity" means an entity that has executed a
7 contract with the Office of the Comptroller.
8     "Key persons" means any persons who (i) have an ownership
9 or distributive income share in the contracting entity that is
10 in excess of 5%, or an amount greater than 60% of the annual
11 salary of the Governor; (ii) serve as executive officers of the
12 contracting entity; (iii) are employed by the contracting
13 entity who are required to register as lobbyists under the
14 Lobbyist Registration Act; (iv) are individuals or entities
15 with whom the contracting entity is contracting who are
16 required to register as lobbyists under the Lobbyist
17 Registration Act; and (v) are employed by the contracting
18 entity who are special government agents as defined in Section
19 4A-101(l) of the Illinois Governmental Ethics Act.
20     (b) Notice of the execution of contracts shall be posted on
21 the website of the Office of the Comptroller that includes a
22 brief description of the purpose of the contract and disclosure
23 of the names of the following:
24         (1) The contracting entity;
25         (2) Any entity that is a parent of, or owns a
26     controlling interest in, the contracting entity;

 

 

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1         (3) Any entity that is a subsidiary of, or owns a
2     controlling interest in, the contracting entity;
3         (4) Any subcontractor that will be contracting with the
4     contracting entity;
5         (5) Any State, local, or federal political committee
6     which makes or may make political contributions on behalf
7     of or at the direction of the contracting entity; and
8         (6) The key persons of the contracting entity and any
9     subcontractor.
10 This notice shall be posted within 10 business days after the
11 contract is awarded.
12     (c) This Section applies to contracts executed on or after
13 the effective date of this amendatory Act of the 95th General
14 Assembly.
 
15     Section 90-15. The State Treasurer Act is amended by adding
16 Section 25 as follows:
 
17     (15 ILCS 505/25 new)
18     Sec. 25. Treasurer's Contract Disclosure.
19     (a) For purposes of this Section:
20     "Contract" means any contract or agreement for goods or
21 services executed by the Office of the Treasurer, with an
22 annual value of $50,000 or more, except, regardless of amount,
23 "contract" as used in this Section shall not include the
24 following:

 

 

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1         (1) Contracts with State agencies or officers or other
2 political subdivisions;
3         (2) Hiring of an individual as an employee or
4 independent contractor, whether pursuant to an employment code
5 or policy or by contract directly with that individual;
6         (3) Collective bargaining contracts;
7         (4) Purchase of real estate; or
8         (5) Contracts necessary to prepare for anticipated
9 litigation, enforcement actions, or investigations.
10     "Contracting entity" means an entity that has executed a
11 contract with the Office of the Treasurer.
12     "Key persons" means any persons who (i) have an ownership
13 or distributive income share in the contracting entity that is
14 in excess of 5%, or an amount greater than 60% of the annual
15 salary of the Governor; (ii) serve as executive officers of the
16 contracting entity; (iii) are employed by the contracting
17 entity who are required to register as lobbyists under the
18 Lobbyist Registration Act; (iv) are individuals or entities
19 with whom the contracting entity is contracting who are
20 required to register as lobbyists under the Lobbyist
21 Registration Act; and (v) are employed by the contracting
22 entity who are special government agents as defined in Section
23 4A-101(l) of the Illinois Governmental Ethics Act.
24     (b) Notice of the execution of contracts shall be posted on
25 the website of the Office of the Treasurer that includes a
26 brief description of the purpose of the contract and disclosure

 

 

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1 of the names of the following:
2         (1) The contracting entity;
3         (2) Any entity that is a parent of, or owns a
4     controlling interest in, the contracting entity;
5         (3) Any entity that is a subsidiary of, or owns a
6     controlling interest in, the contracting entity;
7         (4) Any subcontractor that will be contracting with the
8     contracting entity;
9         (5) Any State, local, or federal political committee
10     which makes or may make political contributions on behalf
11     of or at the direction of the contracting entity; and
12         (6) The key persons of the contracting entity and any
13     subcontractor.
14 This notice shall be posted within 10 business days after the
15 contract is awarded.
16     (c) This Section applies to contracts executed on or after
17 the effective date of this amendatory Act of the 95th General
18 Assembly.
 
19     Section 90-20. The Illinois State Auditing Act is amended
20 by adding Section 2-20 as follows:
 
21     (30 ILCS 5/2-20 new)
22     Sec. 2-20. Auditor General's Contract Disclosure.
23     (a) For purposes of this Section:
24     "Contract" means any contract or agreement for goods or

 

 

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1 services executed by the Office of the Auditor General, with an
2 annual value of $50,000 or more, except, regardless of amount,
3 "contract" as used in this Section shall not include the
4 following:
5         (1) Contracts with State agencies or officers or other
6     political subdivisions;
7         (2) Hiring of an individual as an employee or
8     independent contractor, whether pursuant to an employment
9     code or policy or by contract directly with that
10     individual;
11         (3) Collective bargaining contracts;
12         (4) Purchase of real estate; or
13         (5) Contracts necessary to prepare for anticipated
14     litigation, enforcement actions, or investigations.
15     "Contracting entity" means an entity that has executed a
16 contract with the Office of the Auditor General.
17     "Key persons" means any persons who (i) have an ownership
18 or distributive income share in the contracting entity that is
19 in excess of 5%, or an amount greater than 60% of the annual
20 salary of the Governor; (ii) serve as executive officers of the
21 contracting entity; (iii) are employed by the contracting
22 entity who are required to register as lobbyists under the
23 Lobbyist Registration Act; (iv) are individuals or entities
24 with whom the contracting entity is contracting who are
25 required to register as lobbyists under the Lobbyist
26 Registration Act; and (v) are employed by the contracting

 

 

SB2608 - 18 - LRB095 19118 JAM 45329 b

1 entity who are special government agents as defined in Section
2 4A-101(l) of the Illinois Governmental Ethics Act.
3     (b) Notice of the execution of contracts shall be posted on
4 the website of the Office of the Auditor General that includes
5 a brief description of the purpose of the contract and
6 disclosure of the names of the following:
7         (1) The contracting entity;
8         (2) Any entity that is a parent of, or owns a
9     controlling interest in, the contracting entity;
10         (3) Any entity that is a subsidiary of, or owns a
11     controlling interest in, the contracting entity;
12         (4) Any subcontractor that will be contracting with the
13     contracting entity;
14         (5) Any State, local, or federal political committee
15     which makes or may make political contributions on behalf
16     of or at the direction of the contracting entity; and
17         (6) The key persons of the contracting entity and any
18     subcontractor.
19 This notice shall be posted within 10 business days after the
20 contract is awarded.
21     (c) This Section applies to contracts executed on or after
22 the effective date of this amendatory Act of the 95th General
23 Assembly.
 
24     Section 90-25. The Illinois Procurement Code is amended by
25 changing Sections 1-15.30, 15-25, 20-10, 20-25, 20-30, 20-50,

 

 

SB2608 - 19 - LRB095 19118 JAM 45329 b

1 20-55, 20-80, 40-25, 50-20, 50-30, and 50-60 and by adding
2 Sections 20-43 and 50-37 as follows:
 
3     (30 ILCS 500/1-15.30)
4     Sec. 1-15.30. Contract. "Contract" means all types of State
5 agreements, regardless of what they may be called, for the
6 procurement, use, or disposal of supplies, services,
7 professional or artistic services, or construction or for
8 leases of real property or capital improvements, and including
9 master contracts, contracts for financing through use of
10 installment or lease-purchase arrangements, renegotiated
11 contracts, amendments to contracts, and change orders. The
12 changes to this Section made by this amendatory Act of the 95th
13 General Assembly apply to amendments executed on or after its
14 effective date.
15 (Source: P.A. 90-572, eff. 2-6-98.)
 
16     (30 ILCS 500/15-25)
17     Sec. 15-25. Bulletin content.
18     (a) Invitations for bids. Notice of each and every contract
19 that is offered, including renegotiated contracts and change
20 orders, shall be published in the Bulletin. The applicable
21 chief procurement officer may provide by rule an organized
22 format for the publication of this information, but in any case
23 it must include at least the date first offered, the date
24 submission of offers is due, the location that offers are to be

 

 

SB2608 - 20 - LRB095 19118 JAM 45329 b

1 submitted to, the purchasing State agency, the responsible
2 State purchasing officer, a brief purchase description, the
3 method of source selection, information of how to obtain a
4 comprehensive purchase description and any disclosure and
5 contract forms, and encouragement to prospective vendors to
6 hire qualified veterans, as defined by Section 45-67 of this
7 Code, and Illinois residents discharged from any Illinois adult
8 correctional center.
9     (b) Contracts let or awarded. Notice of each and every
10 contract that is let or awarded, including renegotiated
11 contracts and change orders, shall be published in the next
12 available subsequent Bulletin, and the applicable chief
13 procurement officer may provide by rule an organized format for
14 the publication of this information, but in any case it must
15 include at least all of the information specified in subsection
16 (a) as well as the name of the successful responsible bidder or
17 offeror, the contract price, the number of unsuccessful
18 responsive bidders, and any other disclosure specified in any
19 Section of this Code. This notice shall include the disclosures
20 required under Section 50-37, if applicable. In addition, the
21 notice shall summarize the outreach efforts undertaken by the
22 agency to make potential bidders or offerors aware of any
23 contract offer other than publication in the Bulletin. This
24 notice must be posted in the online electronic Bulletin no
25 later than 10 business days after the contract is awarded. This
26 notice must be posted in the online electronic Bulletin prior

 

 

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1 to execution of the contract.
2     (c) Emergency purchase disclosure. Any chief procurement
3 officer, State purchasing officer, or designee exercising
4 emergency purchase authority under this Code shall publish a
5 written description and reasons and the total cost, if known,
6 or an estimate if unknown and the name of the responsible chief
7 procurement officer and State purchasing officer, and the
8 business or person contracted with for all emergency purchases
9 in the next timely, practicable Bulletin. This notice must be
10 posted in the online electronic Bulletin no later than 10
11 business days after the contract is awarded. This notice must
12 be posted in the online electronic Bulletin within 3 business
13 days after the execution of the contract.
14     (c-5) Business Enterprises Council reports. Each State
15 agency shall post online on the Procurement Bulletin a copy of
16 its annual report of utilization of businesses owned by
17 minorities, females, and persons with disabilities as
18 submitted to the Business Enterprises Council for Minorities,
19 Females, and Persons with Disabilities pursuant to Section 6(c)
20 of the Business Enterprise for Minorities, Females, and Persons
21 with Disabilities Act no later than 10 business days after its
22 submission of its report to the Council.
23     (c-10) Renewals. Notice of each contract renewal shall be
24 posted online on the Procurement Bulletin no later than 10
25 business days after the renewal is exercised. The Procurement
26 Policy Board by rule shall specify the information to be

 

 

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1 included in the notice, and the applicable chief procurement
2 officer by rule may provide a format for the information.
3     (d) Other required disclosure. The applicable chief
4 procurement officer shall provide by rule for the organized
5 publication of all other disclosure required in other Sections
6 of this Code in a timely manner.
7     (e) Application of amendatory provisions. The changes to
8 this Section made by this amendatory Act of the 95th General
9 Assembly apply to reports submitted, offers made, and notices
10 on contracts executed on or after its effective date.
11 (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.)
 
12     (30 ILCS 500/20-10)
13     Sec. 20-10. Competitive sealed bidding.
14     (a) Conditions for use. All contracts shall be awarded by
15 competitive sealed bidding except as otherwise provided in
16 Section 20-5.
17     (b) Invitation for bids. An invitation for bids shall be
18 issued and shall include a purchase description and the
19 material contractual terms and conditions applicable to the
20 procurement.
21     (c) Public notice. Public notice of the invitation for bids
22 shall be published in the Illinois Procurement Bulletin at
23 least 14 days before the date set in the invitation for the
24 opening of bids.
25     (d) Bid opening. Bids shall be opened publicly in the

 

 

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1 presence of one or more witnesses at the time and place
2 designated in the invitation for bids. The name of each bidder,
3 the amount of each bid, and other relevant information as may
4 be specified by rule shall be recorded. After the award of the
5 contract, the winning bid and the record of each unsuccessful
6 bid shall be open to public inspection.
7     (e) Bid acceptance and bid evaluation. Bids shall be
8 unconditionally accepted without alteration or correction,
9 except as authorized in this Code. Bids shall be evaluated
10 based on the requirements set forth in the invitation for bids,
11 which may include criteria to determine acceptability such as
12 inspection, testing, quality, workmanship, delivery, and
13 suitability for a particular purpose. Those criteria that will
14 affect the bid price and be considered in evaluation for award,
15 such as discounts, transportation costs, and total or life
16 cycle costs, shall be objectively measurable. The invitation
17 for bids shall set forth the evaluation criteria to be used.
18     (f) Correction or withdrawal of bids. Correction or
19 withdrawal of inadvertently erroneous bids before or after
20 award, or cancellation of awards of contracts based on bid
21 mistakes, shall be permitted in accordance with rules. After
22 bid opening, no changes in bid prices or other provisions of
23 bids prejudicial to the interest of the State or fair
24 competition shall be permitted. All decisions to permit the
25 correction or withdrawal of bids based on bid mistakes shall be
26 supported by written determination made by a State purchasing

 

 

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1 officer.
2     (g) Award. The contract shall be awarded with reasonable
3 promptness by written notice to the lowest responsible and
4 responsive bidder whose bid meets the requirements and criteria
5 set forth in the invitation for bids, except when a State
6 purchasing officer determines it is not in the best interest of
7 the State and by written explanation determines another bidder
8 shall receive the award. The explanation shall be posted in the
9 online appear in the appropriate volume of the Illinois
10 Procurement Bulletin. The written explanation must include:
11         (1) a description of the agency's needs;
12         (2) a determination that the anticipated cost will be
13     fair and reasonable;
14         (3) a listing of all responsible and responsive
15     bidders; and
16         (4) the name of the bidder selected, pricing, and the
17     reasons for selecting that bidder instead of the lowest
18     responsible and responsive bidder.
19     Each agency may adopt rules to implement the requirements
20 of this subsection (g).
21     The written explanation shall be filed with the Legislative
22 Audit Commission and the Procurement Policy Board and posted in
23 the online Bulletin within 30 days after the contract is
24 awarded.
25     (h) Multi-step sealed bidding. When it is considered
26 impracticable to initially prepare a purchase description to

 

 

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1 support an award based on price, an invitation for bids may be
2 issued requesting the submission of unpriced offers to be
3 followed by an invitation for bids limited to those bidders
4 whose offers have been qualified under the criteria set forth
5 in the first solicitation.
6     (i) Alternative procedures. Notwithstanding any other
7 provision of this Act to the contrary, the Director of the
8 Illinois Power Agency may create alternative bidding
9 procedures to be used in procuring professional services under
10 Section 1-75(a) of the Illinois Power Agency Act and Section
11 16-111.5(c) of the Public Utilities Act. These alternative
12 procedures shall be set forth together with the other criteria
13 contained in the invitation for bids, and shall appear in the
14 appropriate volume of the Illinois Procurement Bulletin.
15     (j) Application of amendatory provisions. The changes to
16 this Section made by this amendatory Act of the 95th General
17 Assembly apply to contracts awarded on or after its effective
18 date.
19 (Source: P.A. 95-481, eff. 8-28-07.)
 
20     (30 ILCS 500/20-25)
21     Sec. 20-25. Sole source procurements. In accordance with
22 standards set by rule, contracts may be awarded without use of
23 the specified method of source selection when there is only one
24 economically feasible source for the item. This Section may not
25 be used as a basis for amending a contract if the amendment

 

 

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1 would result in an increase in the amount paid under the
2 contract of more than 5% of the initial award, or would extend
3 the contract term beyond the time reasonably needed for a
4 competitive procurement, not to exceed 2 months. At least 2
5 weeks before entering into a sole source contract, the
6 purchasing agency shall publish in the Illinois Procurement
7 Bulletin a notice of intent to do so along with a description
8 of the item to be procured and the intended sole source
9 contractor. The changes to this Section made by this amendatory
10 Act of the 95th General Assembly apply to amendments executed
11 on or after its effective date.
12 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
13     (30 ILCS 500/20-30)
14     Sec. 20-30. Emergency purchases.
15     (a) Conditions for use. In accordance with standards set by
16 rule, a purchasing agency may make emergency procurements
17 without competitive sealed bidding or prior notice when there
18 exists a threat to public health or public safety, or when
19 immediate expenditure is necessary for repairs to State
20 property in order to protect against further loss of or damage
21 to State property, to prevent or minimize serious disruption in
22 critical State services that affect health, safety, or
23 collections of substantial State revenue, or to ensure the
24 integrity of State records; provided, however, that the term of
25 the emergency purchase shall be limited to the time reasonably

 

 

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1 needed for a competitive procurement, not to exceed 2 months.
2 Emergency procurements shall be made with as much competition
3 as is practicable under the circumstances. A written
4 description of the basis for the emergency and reasons for the
5 selection of the particular contractor shall be included in the
6 contract file.
7     (b) Notice. Before the next appropriate volume of the
8 Illinois Procurement Bulletin, the purchasing agency shall
9 publish in the Illinois Procurement Bulletin a copy of each
10 written description and reasons and the total cost of each
11 emergency procurement made during the previous month. When only
12 an estimate of the total cost is known at the time of
13 publication, the estimate shall be identified as an estimate
14 and published. When the actual total cost is determined, it
15 shall also be published in like manner before the 10th day of
16 the next succeeding month.
17     (c) Affidavits. A purchasing agency making a procurement
18 under this Section shall file affidavits with the chief
19 procurement officer and the Auditor General within 10 days
20 after the procurement setting forth the amount expended, the
21 name of the contractor involved, and the conditions and
22 circumstances requiring the emergency procurement. When only
23 an estimate of the cost is available within 10 days after the
24 procurement, the actual cost shall be reported immediately
25 after it is determined. At the end of each fiscal quarter, the
26 Auditor General shall file with the Legislative Audit

 

 

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1 Commission and the Governor a complete listing of all emergency
2 procurements reported during that fiscal quarter. The
3 Legislative Audit Commission shall review the emergency
4 procurements so reported and, in its annual reports, advise the
5 General Assembly of procurements that appear to constitute an
6 abuse of this Section.
7     (d) Quick purchases. The chief procurement officer may
8 promulgate rules extending the circumstances by which a
9 purchasing agency may make purchases under this Section,
10 including but not limited to the procurement of items available
11 at a discount for a limited period of time.
12     (e) Application of amendatory provisions. The changes to
13 this Section made by this amendatory Act of the 95th General
14 Assembly apply to procurements executed on or after its
15 effective date.
16 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
17     (30 ILCS 500/20-43 new)
18     Sec. 20-43. Bidder or offeror authorized to do business in
19 Illinois. In addition to meeting any other requirement of law
20 or rule, a person (other than an individual acting as a sole
21 proprietor) may qualify as a bidder or offeror under this Code
22 only if the person is a legal entity authorized to do business
23 in Illinois prior to submitting the bid, offer, or proposal.
24 This Section applies to all bids, offers, and proposals
25 submitted on or after the effective date of this amendatory Act

 

 

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1 of the 95th General Assembly.
 
2     (30 ILCS 500/20-50)
3     Sec. 20-50. Specifications. Specifications shall be
4 prepared in accordance with consistent standards that are
5 promulgated by the chief procurement officer and reviewed by
6 the Board and the Joint Committee on Administrative Rules.
7 Those standards shall include a prohibition against the use of
8 brand-name only products, except for products intended for
9 retail sale or as specified by rule. Any person who assists in
10 the development of specifications or background information
11 for a bid solicitation or a request for proposals may not be
12 awarded a contract under that bid solicitation or request for
13 proposals. , and shall include a restriction on the use of
14 specifications drafted by a potential bidder. All
15 specifications shall seek to promote overall economy for the
16 purposes intended and encourage competition in satisfying the
17 State's needs and shall not be unduly restrictive.
18     A solicitation or specification for a contract or a
19 contract, including but not limited to a contract of a college,
20 university, or institution under the jurisdiction of a
21 governing board listed in Section 1-15.100, may not require,
22 stipulate, suggest, or encourage a monetary or other financial
23 contribution or donation, cash bonus or incentive, or economic
24 investment as an explicit or implied term or condition for
25 awarding or completing the contract. The contract,

 

 

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1 solicitation, or specification also may not include a
2 requirement that an individual or individuals employed by such
3 a college, university, or institution receive a consulting
4 contract for professional services.
5 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
6 8-19-99.)
 
7     (30 ILCS 500/20-55)
8     Sec. 20-55. Types of contracts. Subject to the limitations
9 of this Section and unless otherwise authorized by law, any
10 type of contract that will promote the best interests of the
11 State may be used, except that cost-plus-a-percentage-of-cost
12 contracts are prohibited and further except that no contract
13 shall provide for a State agency to reimburse a contractor for
14 expenses relating to meals or travel of the contractor's
15 employees or State employees. A cost-reimbursement contract
16 may be used only when a determination is made in writing that a
17 cost-reimbursement contract is likely to be less costly to the
18 State than any other type or that it is impracticable to obtain
19 the item required except under that type of contract. The
20 general form of contracts shall be determined by the chief
21 procurement officer.
22 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
23     (30 ILCS 500/20-80)
24     Sec. 20-80. Contract files.

 

 

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1     (a) Written determinations. All written determinations
2 required under this Article shall be placed in the contract
3 file maintained by the chief procurement officer.
4     (b) Filing with Comptroller. Whenever a grant, defined
5 pursuant to accounting standards established by the
6 Comptroller, or a contract liability, except for: (1) contracts
7 paid from personal services, or (2) contracts between the State
8 and its employees to defer compensation in accordance with
9 Article 24 of the Illinois Pension Code, exceeding $10,000 is
10 incurred by any State agency, a copy of the contract, purchase
11 order, grant, or lease or amendments thereto shall be filed
12 with the Comptroller within 15 days after execution.
13 thereafter. Any cancellation or modification to any such
14 contract liability shall be filed with the Comptroller within
15 15 days of its execution.
16     (c) Late filing affidavit. When a contract, purchase order,
17 grant, or lease or amendment thereto required to be filed by
18 this Section has not been filed within 15 30 days of execution,
19 notice shall be filed with the Comptroller within 15 days after
20 execution indicating that a contract or amendment thereto
21 described within the notice has been executed and will not be
22 filed within 15 days after execution, and the Comptroller shall
23 refuse to issue a warrant for payment thereunder until the
24 agency files with the Comptroller the contract, purchase order,
25 grant, or lease or amendment thereto and an affidavit, signed
26 by the chief executive officer of the agency or his or her

 

 

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1 designee, setting forth an explanation of why the contract
2 liability was not filed within 15 30 days of execution. A copy
3 of this affidavit shall be filed with the Auditor General. No
4 work by any contractor for any State agency shall commence, nor
5 shall any liability for payment by any State agency be
6 incurred, until a final binding contract complying with all
7 provisions of this Code has been executed by the contractor and
8 agency.
9     (d) Professional and artistic services contracts. No
10 voucher shall be submitted to the Comptroller for a warrant to
11 be drawn for the payment of money from the State treasury or
12 from other funds held by the State Treasurer on account of any
13 contract for services involving professional or artistic
14 skills involving an expenditure of more than $5,000 for the
15 same type of service at the same location during any fiscal
16 year unless the contract is reduced to writing before the
17 services are performed and filed with the Comptroller. When a
18 contract for professional or artistic skills in excess of
19 $5,000 was not reduced to writing before the services were
20 performed, the Comptroller shall refuse to issue a warrant for
21 payment for the services until the State agency files with the
22 Comptroller:
23         (1) a written contract covering the services, and
24         (2) an affidavit, signed by the chief executive officer
25     of the State agency or his or her designee, stating that
26     the services for which payment is being made were agreed to

 

 

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1     before commencement of the services and setting forth an
2     explanation of why the contract was not reduced to writing
3     before the services commenced.
4 A copy of this affidavit shall be filed with the Auditor
5 General. The Comptroller shall maintain professional or
6 artistic service contracts filed under this Section separately
7 from other filed contracts.
8     (e) Method of source selection. When a contract or
9 amendment thereto is filed with the Comptroller under this
10 Section, the Comptroller's file shall identify the method of
11 source selection used in obtaining the contract.
12     (f) Comptroller's request for information. Upon the
13 request of the Comptroller, State agencies shall supply all
14 documents and information reasonably requested by the
15 Comptroller with respect to compliance with this Code within 10
16 business days after the request.
17     (g) Application of amendatory provisions. The changes to
18 this Section made by this amendatory Act of the 95th General
19 Assembly apply to contracts, purchase orders, grants, or leases
20 or amendments thereto executed on or after its effective date.
21 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff.
22 7-6-00.)
 
23     (30 ILCS 500/40-25)
24     Sec. 40-25. Length of leases.
25     (a) Maximum term. Leases shall be for a term not to exceed

 

 

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1 10 years and shall include a termination option in favor of the
2 State after 5 years.
3     (b) Renewal. Leases may include a renewal option. An option
4 to renew may be exercised only when a State purchasing officer
5 determines in writing that renewal is in the best interest of
6 the State and notice of the exercise of the option is published
7 in the appropriate volume of the Procurement Bulletin at least
8 60 days prior to the exercise of the option.
9     (c) Subject to appropriation. All leases shall recite that
10 they are subject to termination and cancellation in any year
11 for which the General Assembly fails to make an appropriation
12 to make payments under the terms of the lease.
13     (d) Holdover. No lease with a stated term ending on or
14 after the effective date of this amendatory Act of the 95th
15 General Assembly may continue on a month-to-month or other
16 holdover basis for a total of more than 6 months.
17 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
18     (30 ILCS 500/50-20)
19     Sec. 50-20. Exemptions. With the approval of the
20 appropriate chief procurement officer involved, the Governor,
21 or an executive ethics board or commission he or she
22 designates, may exempt named individuals from the prohibitions
23 of Section 50-13 when, in his, her, or its judgment, the public
24 interest in having the individual in the service of the State
25 outweighs the public policy evidenced in that Section. An

 

 

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1 exemption is effective only when it is filed with the Secretary
2 of State and the Comptroller and includes a statement setting
3 forth the name of the individual and all the pertinent facts
4 that would make that Section applicable, setting forth the
5 reason for the exemption, and declaring the individual exempted
6 from that Section. Exemptions must be filed with the Secretary
7 of State and Comptroller prior to execution of any contracts. A
8 copy of Notice of each exemption shall be published in the
9 Illinois Procurement Bulletin in its electronic form prior to
10 execution of the contract. The changes to this Section made by
11 this amendatory Act of the 95th General Assembly apply to
12 exemptions granted on or after its effective date.
13 (Source: P.A. 90-572, eff. 2-6-98.)
 
14     (30 ILCS 500/50-37 new)
15     Sec. 50-37. Contract award disclosure.
16     (a) Definitions. For purposes of this Section:
17     "Contracting entity" means an entity that would execute any
18 contract with a State agency.
19      "Key persons" means any persons who (i) have an ownership
20 or distributive income share in the contracting entity that is
21 in excess of 5%, or an amount greater than 60% of the annual
22 salary of the Governor; (ii) serve as executive officers of the
23 contracting entity; (iii) are employed by the contracting
24 entity who are required to register under the Lobbyist
25 Registration Act; (iv) are individuals or entities with whom

 

 

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1 the contracting entity is contracting who are required to be
2 registered as lobbyists under the Lobbyist Registration Act;
3 and (v) are employed by the contracting entity who are special
4 government agents as defined in Section 4A-101(l) of the
5 Illinois Governmental Ethics Act.
6      (b) Disclosure. For contracts with an annual value of
7 $50,000 or more all offers from responsive bidders or offerors
8 shall be accompanied by disclosure of the names of the
9 following:
10         (1) The contracting entity.
11         (2) Any entity that is a parent of, or owns a
12     controlling interest in, the contracting entity.
13         (3) Any entity that is a subsidiary of, or in which a
14     controlling interest is owned by the contracting entity.
15         (4) Any subcontractor that will be contracting with the
16     contracting entity.
17         (5) Any State, local, or federal political committee
18     that makes or may make political contributions on behalf of
19     or at the direction of the contracting entity.
20         (6) The key persons of the contracting entity and any
21     subcontractor.
22     (c) Notice. Notices of contracts let or awarded published
23 in the Procurement Bulletin pursuant to Section 15-25 shall
24 include as part of the notice posted online the names disclosed
25 by the winning bidder or offeror pursuant to subsection (b).
26     (d) Application. The changes made to this Section made by

 

 

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1 this amendatory Act of the 95th General Assembly apply to
2 contracts first offered on or after its effective date.
 
3     (30 ILCS 500/50-60)
4     Sec. 50-60. Voidable contracts.
5     (a) If any contract or amendment thereto is entered into or
6 purchase or expenditure of funds is made at any time in
7 violation of this Code or any other law, the contract or
8 amendment thereto may be declared void by the Comptroller, with
9 the approval of the Treasurer, or the chief procurement officer
10 or may be ratified and affirmed by the Comptroller, with the
11 approval of the Treasurer, or by the chief procurement officer,
12 provided the Comptroller, with the approval of the Treasurer,
13 or the chief procurement officer determines that ratification
14 is in the best interests of the State. If the contract is
15 ratified and affirmed, it shall be without prejudice to the
16 State's rights to any appropriate damages.
17     (b) If, during the term of a contract, the contracting
18 agency determines that the contractor is delinquent in the
19 payment of debt as set forth in Section 50-11 of this Code, the
20 State agency may declare the contract void if it determines
21 that voiding the contract is in the best interests of the
22 State. The Debt Collection Board shall adopt rules for the
23 implementation of this subsection (b).
24     (c) If, during the term of a contract, the contracting
25 agency determines that the contractor is in violation of

 

 

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1 Section 50-10.5 of this Code, the contracting agency shall
2 declare the contract void.
3     (d) The changes to this Section made by this amendatory Act
4 of the 95th General Assembly apply to actions taken by the
5 Comptroller and Treasurer on or after its effective date.
6 (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
 
7
ARTICLE 99

 
8     Section 99-99. Effective date. This Act takes effect upon
9 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     New Act
4     15 ILCS 20/50-25 new
5     15 ILCS 205/6.10 new
6     15 ILCS 305/30 new
7     15 ILCS 405/40 new
8     15 ILCS 505/25 new
9     30 ILCS 5/2-20 new
10     30 ILCS 500/1-15.30
11     30 ILCS 500/15-25
12     30 ILCS 500/20-10
13     30 ILCS 500/20-25
14     30 ILCS 500/20-30
15     30 ILCS 500/20-43 new
16     30 ILCS 500/20-50
17     30 ILCS 500/20-55
18     30 ILCS 500/20-80
19     30 ILCS 500/40-25
20     30 ILCS 500/50-20
21     30 ILCS 500/50-37 new
22     30 ILCS 500/50-60