Full Text of SB1050 99th General Assembly
SB1050sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/20/2016
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| 1 | | AMENDMENT TO SENATE BILL 1050
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1050 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 20-5 as follows: | 6 | | (5 ILCS 430/20-5)
| 7 | | Sec. 20-5. Executive Ethics Commission.
| 8 | | (a) The Executive Ethics Commission is created.
| 9 | | (b) The Executive Ethics Commission shall consist of 9
| 10 | | commissioners.
The Governor shall appoint 5 commissioners, and | 11 | | the Attorney General, Secretary
of State, Comptroller, and | 12 | | Treasurer shall each appoint one commissioner.
Appointments | 13 | | shall be made by and with the advice and consent of the
Senate | 14 | | by three-fifths of the elected members concurring by record | 15 | | vote.
Any nomination not acted upon by the Senate within 60 | 16 | | session days of the
receipt thereof shall be deemed to have |
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| 1 | | received the advice and consent of
the Senate. If, during a | 2 | | recess of the Senate, there is a vacancy in an office
of | 3 | | commissioner, the appointing authority shall make a temporary
| 4 | | appointment until the next meeting of the Senate when the | 5 | | appointing
authority shall make a nomination to fill that | 6 | | office. No person rejected for
an office of commissioner shall, | 7 | | except by the Senate's request, be
nominated again for that | 8 | | office at the same session of the Senate or be
appointed to | 9 | | that office during a recess of that Senate.
No more than 5
| 10 | | commissioners may be of the same
political party.
| 11 | | The terms of the initial commissioners shall commence upon | 12 | | qualification.
Four initial appointees of the Governor, as | 13 | | designated by the Governor, shall
serve terms running through | 14 | | June 30, 2007. One initial appointee of the
Governor, as | 15 | | designated by the Governor, and the initial appointees of the
| 16 | | Attorney General, Secretary of State, Comptroller, and | 17 | | Treasurer shall serve
terms running through June 30, 2008.
The | 18 | | initial appointments shall be made within 60 days
after the | 19 | | effective date of this Act.
| 20 | | After the initial terms, commissioners shall serve for | 21 | | 4-year terms
commencing on July 1 of the year of appointment | 22 | | and running
through June 30 of the fourth following year. | 23 | | Commissioners may be
reappointed to one or more subsequent | 24 | | terms.
| 25 | | Vacancies occurring other than at the end of a term shall | 26 | | be filled
by the appointing authority only for the balance of |
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| 1 | | the
term of the commissioner whose office is vacant.
| 2 | | Terms shall run regardless of whether the position is | 3 | | filled.
| 4 | | (c) The appointing authorities shall appoint commissioners | 5 | | who
have experience holding governmental office or employment | 6 | | and shall
appoint commissioners from the general public.
A | 7 | | person is not eligible to
serve as a commissioner if that | 8 | | person (i) has been convicted of a
felony or a crime of | 9 | | dishonesty or moral turpitude, (ii) is, or was
within the | 10 | | preceding 12 months, engaged in activities that
require | 11 | | registration under the Lobbyist Registration Act, (iii) is | 12 | | related
to the appointing authority, or (iv) is a State officer | 13 | | or employee.
| 14 | | (d) The Executive Ethics Commission shall have
| 15 | | jurisdiction over all officers and employees of State agencies | 16 | | other
than the General Assembly, the Senate, the House of | 17 | | Representatives,
the President and Minority Leader of the | 18 | | Senate, the Speaker and
Minority Leader of the House of | 19 | | Representatives, the Senate
Operations Commission, the | 20 | | legislative support services agencies, and
the Office of the | 21 | | Auditor General.
The Executive Ethics Commission shall have | 22 | | jurisdiction over all board members and employees of Regional | 23 | | Transit Boards. The jurisdiction of the
Commission is limited | 24 | | to matters arising under this Act, except as provided in | 25 | | subsection (d-5).
| 26 | | A member or legislative branch State employee serving on an |
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| 1 | | executive branch board or commission remains subject to the | 2 | | jurisdiction of the Legislative Ethics Commission and is not | 3 | | subject to the jurisdiction of the Executive Ethics Commission. | 4 | | (d-5) The Executive Ethics Commission shall have | 5 | | jurisdiction over all chief procurement officers and | 6 | | procurement compliance monitors and their respective staffs. | 7 | | The Executive Ethics Commission shall have jurisdiction over | 8 | | any matters arising under the Illinois Procurement Code if the | 9 | | Commission is given explicit authority in that Code. | 10 | | (d-6) (1) The Executive Ethics Commission shall have | 11 | | jurisdiction over the Illinois Power Agency and its staff. The | 12 | | Director of the Agency shall be appointed by a majority of the | 13 | | commissioners of the Executive Ethics Commission, subject to | 14 | | Senate confirmation, for a term of 2 years. The Director is | 15 | | removable for cause by a majority of the Commission upon a | 16 | | finding of neglect, malfeasance, absence, or incompetence. | 17 | | (2) In case of a vacancy in the office of Director of the | 18 | | Illinois Power Agency during a recess of the Senate, the | 19 | | Executive Ethics Commission may make a temporary appointment | 20 | | until the next meeting of the Senate, at which time the | 21 | | Executive Ethics Commission shall nominate some person to fill | 22 | | the office, and any person so nominated who is confirmed by the | 23 | | Senate shall hold office during the remainder of the term and | 24 | | until his or her successor is appointed and qualified. Nothing | 25 | | in this subsection shall prohibit the Executive Ethics | 26 | | Commission from removing a temporary appointee or from |
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| 1 | | appointing a temporary appointee as the Director of the | 2 | | Illinois Power Agency. | 3 | | (3) Prior to June 1, 2012, the Executive Ethics Commission | 4 | | may, until the Director of the Illinois Power Agency is | 5 | | appointed and qualified or a temporary appointment is made | 6 | | pursuant to paragraph (2) of this subsection, designate some | 7 | | person as an acting Director to execute the powers and | 8 | | discharge the duties vested by law in that Director. An acting | 9 | | Director shall serve no later than 60 calendar days, or upon | 10 | | the making of an appointment pursuant to paragraph (1) or (2) | 11 | | of this subsection, whichever is earlier. Nothing in this | 12 | | subsection shall prohibit the Executive Ethics Commission from | 13 | | removing an acting Director or from appointing an acting | 14 | | Director as the Director of the Illinois Power Agency. | 15 | | (4) No person rejected by the Senate for the office of | 16 | | Director of the Illinois Power Agency shall, except at the | 17 | | Senate's request, be nominated again for that office at the | 18 | | same session or be appointed to that office during a recess of | 19 | | that Senate. | 20 | | (e) The Executive Ethics Commission must meet, either
in | 21 | | person or by other technological means, at least monthly and as
| 22 | | often as necessary. At the first meeting of the Executive
| 23 | | Ethics Commission, the commissioners shall choose from their
| 24 | | number a chairperson and other officers that they deem | 25 | | appropriate.
The terms of officers shall be for 2 years | 26 | | commencing July 1 and
running through June 30 of the second |
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| 1 | | following year. Meetings shall be held at
the call
of the | 2 | | chairperson or any 3 commissioners. Official action by the
| 3 | | Commission shall require the affirmative vote of 5 | 4 | | commissioners, and
a quorum shall consist of 5 commissioners. | 5 | | Commissioners shall receive
compensation in an amount equal to | 6 | | the compensation of members of the State
Board of Elections and | 7 | | may be
reimbursed for their reasonable expenses actually | 8 | | incurred in the
performance of their duties.
| 9 | | (f) No commissioner or employee of the Executive
Ethics | 10 | | Commission may during his or her term of appointment or | 11 | | employment:
| 12 | | (1) become a candidate for any elective office;
| 13 | | (2) hold any other elected or appointed public office | 14 | | except for
appointments on governmental advisory boards or | 15 | | study commissions or as
otherwise expressly authorized by | 16 | | law;
| 17 | | (3) be actively involved in the affairs of any | 18 | | political party or
political
organization; or
| 19 | | (4) advocate for the appointment of another person to | 20 | | an appointed or elected office or position or actively | 21 | | participate in any campaign for any elective office.
| 22 | | (g) An appointing authority may remove a commissioner only | 23 | | for cause.
| 24 | | (h) The Executive Ethics Commission shall appoint an | 25 | | Executive Director. The
compensation of the Executive Director | 26 | | shall be as determined by the Commission. The Executive
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| 1 | | Director of the Executive Ethics Commission may employ and | 2 | | determine the
compensation of staff, as appropriations permit.
| 3 | | (i) The Executive Ethics Commission shall appoint, by a | 4 | | majority of the members appointed to the Commission, chief | 5 | | procurement officers and may appoint procurement compliance | 6 | | monitors in accordance with the provisions of the Illinois | 7 | | Procurement Code. The compensation of a chief procurement | 8 | | officer and procurement compliance monitor shall be determined | 9 | | by the Commission. | 10 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | 11 | | 97-618, eff. 10-26-11; 97-677, eff. 2-6-12.) | 12 | | Section 10. The Illinois Procurement Code is amended by | 13 | | changing Sections, 1-10, 1-12, 1-13, 1-15.20, 5-5, 5-30, 10-10, | 14 | | 10-15, 15-25, 20-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-155, | 15 | | 20-160, 20-170, 25-85, 35-5, 35-30, 45-30, 45-45, 45-57, 50-2, | 16 | | 50-10, 50-10.5, 50-40, and 50-45 and by adding Sections 1-13.1, | 17 | | 1-15.47, 1-15.48, 20-51, 20-170, and 25-85 as follows:
| 18 | | (30 ILCS 500/1-10)
| 19 | | Sec. 1-10. Application.
| 20 | | (a) This Code applies only to procurements for which | 21 | | bidders, offerors, potential contractors, or contractors were | 22 | | first
solicited on or after July 1, 1998. This Code shall not | 23 | | be construed to affect
or impair any contract, or any provision | 24 | | of a contract, entered into based on a
solicitation prior to |
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| 1 | | the implementation date of this Code as described in
Article | 2 | | 99, including but not limited to any covenant entered into with | 3 | | respect
to any revenue bonds or similar instruments.
All | 4 | | procurements for which contracts are solicited between the | 5 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 6 | | substantially in accordance
with this Code and its intent.
| 7 | | (b) This Code shall apply regardless of the source of the | 8 | | funds with which
the contracts are paid, including federal | 9 | | assistance moneys.
This Code shall
not apply to:
| 10 | | (1) Contracts between the State and its political | 11 | | subdivisions or other
governments, or between State | 12 | | governmental bodies except as specifically
provided in | 13 | | this Code.
| 14 | | (2) Grants, except for the filing requirements of | 15 | | Section 20-80.
| 16 | | (3) Purchase of care.
| 17 | | (4) Hiring of an individual as employee and not as an | 18 | | independent
contractor, whether pursuant to an employment | 19 | | code or policy or by contract
directly with that | 20 | | individual.
| 21 | | (5) Collective bargaining contracts.
| 22 | | (6) Purchase of real estate, except that notice of this | 23 | | type of contract with a value of more than $25,000 must be | 24 | | published in the Procurement Bulletin within 10 calendar | 25 | | days after the deed is recorded in the county of | 26 | | jurisdiction. The notice shall identify the real estate |
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| 1 | | purchased, the names of all parties to the contract, the | 2 | | value of the contract, and the effective date of the | 3 | | contract.
| 4 | | (7) Contracts necessary to prepare for anticipated | 5 | | litigation, enforcement
actions, or investigations, | 6 | | provided
that the chief legal counsel to the Governor shall | 7 | | give his or her prior
approval when the procuring agency is | 8 | | one subject to the jurisdiction of the
Governor, and | 9 | | provided that the chief legal counsel of any other | 10 | | procuring
entity
subject to this Code shall give his or her | 11 | | prior approval when the procuring
entity is not one subject | 12 | | 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, and
| 16 | | technical ability and is selected by negotiation for the | 17 | | purpose of providing
non-credit educational service | 18 | | activities or products by means of specialized
programs | 19 | | offered by the university.
| 20 | | (9) Procurement expenditures by the Illinois | 21 | | Conservation Foundation
when only private funds are used.
| 22 | | (10) Procurement expenditures by the Illinois Health | 23 | | Information Exchange Authority involving private funds | 24 | | from the Health Information Exchange Fund. "Private funds" | 25 | | means gifts, donations, and private grants. | 26 | | (11) Public-private agreements entered into in |
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| 1 | | accordance with any law of this State according to the | 2 | | procurement requirements of Section 20 of the | 3 | | Public-Private Partnerships for Transportation Act and | 4 | | design-build agreements entered into according to the | 5 | | procurement requirements of Section 25 of the | 6 | | Public-Private Partnerships for Transportation Act . | 7 | | (12) Contracts for legal, financial, and other | 8 | | professional and artistic services entered into on or | 9 | | before December 31, 2018 by the Illinois Finance Authority | 10 | | in which the State of Illinois is not obligated. Such | 11 | | contracts shall be awarded through a competitive process | 12 | | authorized by the Board of the Illinois Finance Authority | 13 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 14 | | 50-35, and 50-37 of this Code, as well as the final | 15 | | approval by the Board of the Illinois Finance Authority of | 16 | | the terms of the contract. | 17 | | (13) Contracts for participation expenditures required | 18 | | by a domestic or international trade show or exhibition of | 19 | | an exhibitor, member, or sponsor. | 20 | | (14) Contracts with a railroad or utility that requires | 21 | | the State to reimburse the railroad or utilities for the | 22 | | relocation of utilities for construction or other public | 23 | | purposes. Contracts included within this paragraph (14) | 24 | | shall include, but not be limited to, those associated with | 25 | | relocation, crossings, installations, and maintenance. For | 26 | | the purposes of this paragraph (14), "railroad" means any |
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| 1 | | form of non-highway ground transportation that runs on | 2 | | rails or electromagnetic guideways and "utility" means: | 3 | | (1) public utilities as defined in Section 3-105 of the | 4 | | Public Utilities Act, (2) telecommunication carriers as | 5 | | defined in Section 13-202 of the Public Utilities Act, (3) | 6 | | electric cooperatives as defined in Section 3.4 of the | 7 | | Electric Supplier Act, (4) telephone or telecommunications | 8 | | cooperatives as defined in Section 13-212 of the Public | 9 | | Utilities Act, (5) rural water or waste water systems with | 10 | | 10,000 connections or less, (6) a holder as defined in | 11 | | Section 21-201 of the Public Utilities Act, and (7) | 12 | | municipalities owning or operating public utilities as | 13 | | that term is defined in Section 11-117-2 of the Illinois | 14 | | Municipal Code. | 15 | | Notwithstanding any other provision of law, contracts | 16 | | entered into under paragraph item (12) of this subsection (b) | 17 | | shall be published in the Procurement Bulletin within 14 | 18 | | calendar days after contract execution. The chief procurement | 19 | | officer shall prescribe the form and content of the notice. The | 20 | | Illinois Finance Authority shall provide the chief procurement | 21 | | officer, on a monthly basis, in the form and content prescribed | 22 | | by the chief procurement officer, a report of contracts that | 23 | | are related to the procurement of goods and services identified | 24 | | in paragraph item (12) of this subsection (b). At a minimum, | 25 | | this report shall include the name of the contractor, a | 26 | | description of the supply or service provided, the total amount |
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| 1 | | of the contract, the term of the contract, and the exception to | 2 | | the Code utilized. A copy of each of these contracts shall be | 3 | | made available to the chief procurement officer immediately | 4 | | upon request. The chief procurement officer shall submit a | 5 | | report to the Governor and General Assembly no later than | 6 | | November 1 of each year that shall include, at a minimum, an | 7 | | annual summary of the monthly information reported to the chief | 8 | | procurement officer. | 9 | | Notwithstanding any other provisions of law, contracts | 10 | | entered into under paragraph (13) of this subsection (b) shall | 11 | | be published in the Illinois Procurement Bulletin within 14 | 12 | | calendar days after execution. The chief procurement officer | 13 | | shall prescribe the form and content of the notice. The | 14 | | applicable State agency shall provide to the chief procurement | 15 | | officer, on a monthly basis, in the form and content prescribed | 16 | | by the chief procurement officer, a report of the contracts | 17 | | that are related to the procurement of supplies and services | 18 | | identified in paragraph (13) of this subsection (b). At a | 19 | | minimum, this report shall include the name of the contractor, | 20 | | a description of the supply or service provided, the total | 21 | | amount of the contract, the term of the contract, and the | 22 | | exception of the Code utilized. A copy of any or all of these | 23 | | contracts shall be made available to the chief procurement | 24 | | officer immediately upon request. The chief procurement | 25 | | officer shall submit a report to the Governor and General | 26 | | Assembly no later than November 1 of each year that shall |
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| 1 | | include, at a minimum, an annual summary of the monthly | 2 | | information reported to the chief procurement officer. | 3 | | (c) This Code does not apply to the electric power | 4 | | procurement process provided for under Section 1-75 of the | 5 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 6 | | Utilities Act. | 7 | | (d) Except for Section 20-160 and Article 50 of this Code, | 8 | | and as expressly required by Section 9.1 of the Illinois | 9 | | Lottery Law, the provisions of this Code do not apply to the | 10 | | procurement process provided for under Section 9.1 of the | 11 | | Illinois Lottery Law. | 12 | | (e) This Code does not apply to the process used by the | 13 | | Capital Development Board to retain a person or entity to | 14 | | assist the Capital Development Board with its duties related to | 15 | | the determination of costs of a clean coal SNG brownfield | 16 | | facility, as defined by Section 1-10 of the Illinois Power | 17 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 18 | | the Public Utilities Act, including calculating the range of | 19 | | capital costs, the range of operating and maintenance costs, or | 20 | | the sequestration costs or monitoring the construction of clean | 21 | | coal SNG brownfield facility for the full duration of | 22 | | construction. | 23 | | (f) This Code does not apply to the process used by the | 24 | | Illinois Power Agency to retain a mediator to mediate sourcing | 25 | | agreement disputes between gas utilities and the clean coal SNG | 26 | | brownfield facility, as defined in Section 1-10 of the Illinois |
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| 1 | | Power Agency Act, as required under subsection (h-1) of Section | 2 | | 9-220 of the Public Utilities Act. | 3 | | (g) This Code does not apply to the processes used by the | 4 | | Illinois Power Agency to retain a mediator to mediate contract | 5 | | disputes between gas utilities and the clean coal SNG facility | 6 | | and to retain an expert to assist in the review of contracts | 7 | | under subsection (h) of Section 9-220 of the Public Utilities | 8 | | Act. This Code does not apply to the process used by the | 9 | | Illinois Commerce Commission to retain an expert to assist in | 10 | | determining the actual incurred costs of the clean coal SNG | 11 | | facility and the reasonableness of those costs as required | 12 | | under subsection (h) of Section 9-220 of the Public Utilities | 13 | | Act. | 14 | | (h) This Code does not apply to the process to procure or | 15 | | contracts entered into in accordance with Sections 11-5.2 and | 16 | | 11-5.3 of the Illinois Public Aid Code. | 17 | | (i) Each chief procurement officer may access records | 18 | | necessary to review whether a contract, purchase, or other | 19 | | expenditure is or is not subject to the provisions of this | 20 | | Code, unless such records would be subject to attorney-client | 21 | | privilege. | 22 | | (j) This Code does not apply to the process used by the | 23 | | Capital Development Board to retain an artist or work or works | 24 | | of art as required in Section 14 of the Capital Development | 25 | | Board Act. | 26 | | (k) This Code does not apply to the process to procure |
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| 1 | | contracts, or contracts entered into, by the State Board of | 2 | | Elections or the State Electoral Board for hearing officers | 3 | | appointed pursuant to the Election Code. | 4 | | (l) This Code does not apply to the processes used by the | 5 | | Illinois Student Assistance Commission to procure supplies and | 6 | | services paid for from the private funds of the Illinois | 7 | | Prepaid Tuition Trust Fund. "Private funds" means funds derived | 8 | | from deposits paid into the Illinois Prepaid Tuition Trust Fund | 9 | | and the earnings thereon. | 10 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | 11 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | 12 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 13 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | 14 | | 1-1-15 .)
| 15 | | (30 ILCS 500/1-12) | 16 | | (Section scheduled to be repealed on December 31, 2016) | 17 | | Sec. 1-12. Applicability to artistic or musical services. | 18 | | (a) This Code shall
not apply to procurement expenditures | 19 | | necessary to provide artistic or musical services, | 20 | | performances, or theatrical productions held at a venue | 21 | | operated or leased by a State agency. | 22 | | (b) Notice of each contract entered into by a State agency | 23 | | that is related to the procurement of goods and services | 24 | | identified in this Section shall be published in the Illinois | 25 | | Procurement Bulletin within 14 calendar days after contract |
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| 1 | | execution. The chief procurement officer shall prescribe the | 2 | | form and content of the notice. Each State agency shall provide | 3 | | the chief procurement officer, on a monthly basis, in the form | 4 | | and content prescribed by the chief procurement officer, a | 5 | | report of contracts that are related to the procurement of | 6 | | goods and services identified in this Section. At a minimum, | 7 | | this report shall include the name of the contractor, a | 8 | | description of the supply or service provided, the total amount | 9 | | of the contract, the term of the contract, and the exception to | 10 | | the Code utilized. A copy of any or all of these contracts | 11 | | shall be made available to the chief procurement officer | 12 | | immediately upon request. The chief procurement officer shall | 13 | | submit a report to the Governor and General Assembly no later | 14 | | than November 1 of each year that shall include, at a minimum, | 15 | | an annual summary of the monthly information reported to the | 16 | | chief procurement officer. | 17 | | (c) (Blank).
This Section is repealed December 31, 2016.
| 18 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 19 | | (30 ILCS 500/1-13) | 20 | | (Section scheduled to be repealed on December 31, 2016) | 21 | | Sec. 1-13. Applicability to public institutions of higher | 22 | | education. | 23 | | (a) This Code shall apply to public institutions of higher | 24 | | education, regardless of the source of the funds with which | 25 | | contracts are paid, except as provided in this Section. |
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| 1 | | (b) Except as provided in this Section, this Code shall not | 2 | | apply to procurements made by or on behalf of public | 3 | | institutions of higher education for any of the following: | 4 | | (1) Memberships in professional, academic, research, | 5 | | or athletic organizations on behalf of a public institution | 6 | | of higher education, an employee of a public institution of | 7 | | higher education, or a student at a public institution of | 8 | | higher education. | 9 | | (2) Procurement expenditures for events or activities | 10 | | paid for exclusively by revenues generated by the event or | 11 | | activity, gifts or donations for the event or activity, | 12 | | private grants, or any combination thereof. | 13 | | (3) Procurement expenditures for events or activities | 14 | | for which the use of specific potential contractors is | 15 | | mandated or identified by the sponsor of the event or | 16 | | activity, provided that the sponsor is providing a majority | 17 | | of the funding for the event or activity. | 18 | | (4) Procurement expenditures necessary to provide | 19 | | athletic, artistic or musical services, performances, | 20 | | events, or productions held at a venue operated by or for a | 21 | | public institution of higher education. | 22 | | (5) Procurement expenditures for periodicals and | 23 | | books , subscriptions, database licenses, and other | 24 | | publications procured for use by a university library or | 25 | | academic department, except for expenditures related to | 26 | | procuring textbooks for student use or materials for resale |
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| 1 | | or rental. | 2 | | (6) Procurement expenditures for placement of students | 3 | | in externships, practicums, field experiences, and for | 4 | | medical residencies and rotations. | 5 | | (7) Contracts for programming and broadcast license | 6 | | rights for university-operated radio and television | 7 | | stations. | 8 | | (8) Procurement expenditures necessary to perform | 9 | | sponsored research and other sponsored activities under | 10 | | grants and contracts funded by the sponsor or by sources | 11 | | other than State appropriations. | 12 | | (9) Contracts with a foreign entity for research or | 13 | | educational activities, provided that the foreign entity | 14 | | either does not maintain an office in the United States or | 15 | | is the sole source of the service or product. | 16 | | (10) Procurement of food items for commercial resale on | 17 | | the campus of or at a facility controlled by an institution | 18 | | of higher education. | 19 | | Notice of each contract entered into by a public institution of | 20 | | higher education that is related to the procurement of goods | 21 | | and services identified in items (1) through (10) (7) of this | 22 | | subsection shall be published in the Procurement Bulletin | 23 | | within 14 calendar days after contract execution. The Chief | 24 | | Procurement Officer shall prescribe the form and content of the | 25 | | notice. Each public institution of higher education shall | 26 | | provide the Chief Procurement Officer, on a monthly basis, in |
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| 1 | | the form and content prescribed by the Chief Procurement | 2 | | Officer, a report of contracts that are related to the | 3 | | procurement of goods and services identified in this | 4 | | subsection. At a minimum, this report shall include the name of | 5 | | the contractor, a description of the supply or service | 6 | | provided, the total amount of the contract, the term of the | 7 | | contract, and the exception to the Code utilized. A copy of any | 8 | | or all of these contracts shall be made available to the Chief | 9 | | Procurement Officer immediately upon request. The Chief | 10 | | Procurement Officer shall submit a report to the Governor and | 11 | | General Assembly no later than November 1 of each year that | 12 | | shall include, at a minimum, an annual summary of the monthly | 13 | | information reported to the Chief Procurement Officer. | 14 | | (b-5) Except as provided in this subsection, the provisions | 15 | | of this Code shall not apply to contracts for medical | 16 | | FDA-regulated supplies, and to contracts for medical services | 17 | | necessary for the delivery of care and treatment at medical, | 18 | | dental, or veterinary teaching facilities utilized by Southern | 19 | | Illinois University or the University of Illinois and at any | 20 | | university-operated health care center or dispensary that | 21 | | provides care, treatment, and medications for students, | 22 | | faculty and staff . Other supplies and services needed for these | 23 | | teaching facilities shall be subject to the jurisdiction of the | 24 | | Chief Procurement Officer for Public Institutions of Higher | 25 | | Education who may establish expedited procurement procedures | 26 | | and may waive or modify certification, contract, hearing, |
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| 1 | | process and registration requirements required by the Code. All | 2 | | procurements made under this subsection shall be documented and | 3 | | may require publication in the Illinois Procurement Bulletin. | 4 | | (c) Procurements made by or on behalf of public | 5 | | institutions of higher education for any of the following shall | 6 | | be made in accordance with the requirements of this Code to the | 7 | | extent practical as provided in this subsection: | 8 | | (1) Contracts with a foreign entity necessary for | 9 | | research or educational activities, provided that the | 10 | | foreign entity either does not maintain an office in the | 11 | | United States or is the sole source of the service or | 12 | | product. | 13 | | (2) (Blank). | 14 | | (3) (Blank). | 15 | | (4) Procurements required for fulfillment of a grant. | 16 | | Upon the written request of a public institution of higher | 17 | | education, the Chief Procurement Officer may waive | 18 | | registration, certification, and hearing requirements of this | 19 | | Code if, based on the item to be procured or the terms of a | 20 | | grant, compliance is impractical. The public institution of | 21 | | higher education shall provide the Chief Procurement Officer | 22 | | with specific reasons for the waiver, including the necessity | 23 | | of contracting with a particular potential contractor, and | 24 | | shall certify that an effort was made in good faith to comply | 25 | | with the provisions of this Code. The Chief Procurement Officer | 26 | | shall provide written justification for any waivers. By |
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| 1 | | November 1 of each year, the Chief Procurement Officer shall | 2 | | file a report with the General Assembly identifying each | 3 | | contract approved with waivers and providing the justification | 4 | | given for any waivers for each of those contracts. Notice of | 5 | | each waiver made under this subsection shall be published in | 6 | | the Procurement Bulletin within 14 calendar days after contract | 7 | | execution. The Chief Procurement Officer shall prescribe the | 8 | | form and content of the notice. | 9 | | (d) Notwithstanding this Section, a waiver of the | 10 | | registration requirements of Section 20-160 does not permit a | 11 | | business entity and any affiliated entities or affiliated | 12 | | persons to make campaign contributions if otherwise prohibited | 13 | | by Section 50-37. The total amount of contracts awarded in | 14 | | accordance with this Section shall be included in determining | 15 | | the aggregate amount of contracts or pending bids of a business | 16 | | entity and any affiliated entities or affiliated persons. | 17 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 18 | | this Code, the Chief Procurement Officer, with the approval of | 19 | | the Executive Ethics Commission, may permit a public | 20 | | institution of higher education to accept a bid or enter into a | 21 | | contract with a business that assisted the public institution | 22 | | of higher education in determining whether there is a need for | 23 | | a contract or assisted in reviewing, drafting, or preparing | 24 | | documents related to a bid or contract, provided that the bid | 25 | | or contract is essential to research administered by the public | 26 | | institution of higher education and it is in the best interest |
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| 1 | | of the public institution of higher education to accept the bid | 2 | | or contract. For purposes of this subsection, "business" | 3 | | includes all individuals with whom a business is affiliated, | 4 | | including, but not limited to, any officer, agent, employee, | 5 | | consultant, independent contractor, director, partner, | 6 | | manager, or shareholder of a business. The Executive Ethics | 7 | | Commission may promulgate rules and regulations for the | 8 | | implementation and administration of the provisions of this | 9 | | subsection (e). | 10 | | (f) As used in this Section: | 11 | | "Grant" means non-appropriated funding provided by a | 12 | | federal or private entity to support a project or program | 13 | | administered by a public institution of higher education and | 14 | | any non-appropriated funding provided to a sub-recipient of the | 15 | | grant. | 16 | | "Public institution of higher education" means Chicago | 17 | | State University, Eastern Illinois University, Governors State | 18 | | University, Illinois State University, Northeastern Illinois | 19 | | University, Northern Illinois University, Southern Illinois | 20 | | University, University of Illinois, Western Illinois | 21 | | University, and, for purposes of this Code only, the Illinois | 22 | | Mathematics and Science Academy. | 23 | | (g) (Blank). This Section is repealed on December 31, 2016.
| 24 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | 25 | | 98-1076, eff. 1-1-15 .) |
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| 1 | | (30 ILCS 500/1-13.1 new) | 2 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | 3 | | validation. | 4 | | (a) The General Assembly finds and declares that: | 5 | | (1) Public Act 98-1076, which took effect on January 1, | 6 | | 2015, changed the repeal date set for Section 1-13 of this | 7 | | Code from December 31, 2014 to December 31, 2016. | 8 | | (2) The Statute on Statutes sets forth general rules on | 9 | | the repeal of statutes and the construction of multiple | 10 | | amendments, but Section 1 of that Act also states that | 11 | | these rules will not be observed when the result would be | 12 | | "inconsistent with the manifest intent of the General | 13 | | Assembly or repugnant to the context of the statute". | 14 | | (3) This amendatory Act of the 99th General Assembly | 15 | | manifests the intention of the General Assembly to remove | 16 | | the repeal of Section 1-13 of this Code. | 17 | | (4) Section 1-13 of this Code was originally enacted to | 18 | | protect, promote, and preserve the general welfare. Any | 19 | | construction of Section 1-13 of this Code that results in | 20 | | the repeal of that Section on December 31, 2014 would be | 21 | | inconsistent with the manifest intent of the General | 22 | | Assembly and repugnant to the context of this Code. | 23 | | (b) It is hereby declared to have been the intent of the | 24 | | General Assembly that Section 1-13 of this Code not be subject | 25 | | to repeal on December 31, 2014. | 26 | | (c) Section 1-13 of this Code shall be deemed to have been |
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| 1 | | in continuous effect since December 20, 2011 (the effective | 2 | | date of Public Act 97-643), and it shall continue to be in | 3 | | effect henceforward until it is otherwise lawfully repealed. | 4 | | All previously enacted amendments to Section 1-13 of this Code | 5 | | taking effect on or after December 31, 2014, are hereby | 6 | | validated. | 7 | | (d) All actions taken in reliance on or pursuant to Section | 8 | | 1-13 of this Code by any public institution of higher | 9 | | education, person, or entity are hereby validated. | 10 | | (e) In order to ensure the continuing effectiveness of | 11 | | Section 1-13 of this Code, it is set forth in full and | 12 | | re-enacted by this amendatory Act of the 99th General Assembly. | 13 | | This re-enactment is intended as a continuation of that | 14 | | Section. It is not intended to supersede any amendment to that | 15 | | Section that is enacted by the 99th General Assembly. | 16 | | (f) In this amendatory Act of the 99th General Assembly, | 17 | | the base text of the reenacted Section is set forth as amended | 18 | | by Public Act 98-1076. Striking and underscoring is used only | 19 | | to show changes being made to the base text. In this instance, | 20 | | no underscoring or striking is shown in the base text because | 21 | | no additional changes are being made. | 22 | | (g) Section 1-13 of this Code applies to all procurements | 23 | | made on or before the effective date of this amendatory Act of | 24 | | the 99th General Assembly.
| 25 | | (30 ILCS 500/1-15.20)
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| 1 | | Sec. 1-15.20. Construction , and construction-related , and | 2 | | construction support services.
"Construction" means
building, | 3 | | altering, repairing,
improving, or demolishing any public | 4 | | structure or building, or
making improvements of any kind
to | 5 | | public real property. Construction does not include the
routine | 6 | | operation, routine repair, or
routine maintenance of existing | 7 | | structures, buildings, or real
property.
| 8 | | "Construction-related services" means those services | 9 | | including construction
design, layout, inspection, support, | 10 | | feasibility or location study, research,
development, | 11 | | planning, or other investigative study undertaken by a
| 12 | | construction agency concerning construction or potential | 13 | | construction.
| 14 | | "Construction support" means all equipment, supplies, and | 15 | | services that are necessary to the operation of a construction | 16 | | agency's construction program. | 17 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 18 | | (30 ILCS 500/1-15.47 new) | 19 | | Sec. 1-15.47. Master contract. "Master contract" means a | 20 | | definite quantity, indefinite quantity, or requirements | 21 | | contract awarded in accordance with this Code, against which | 22 | | subsequent orders may be placed to meet the needs of a State | 23 | | purchasing entity. A master contract may be for use by a single | 24 | | State purchasing entity or for multiple State purchasing | 25 | | entities and other entities as authorized under the |
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| 1 | | Governmental Joint Purchasing Act. | 2 | | (30 ILCS 500/1-15.48 new) | 3 | | Sec. 1-15.48. Multiple award. "Multiple award" means an | 4 | | award that is made to 2 or more bidders or offerors for similar | 5 | | supplies, services, or construction-related services.
| 6 | | (30 ILCS 500/5-5)
| 7 | | Sec. 5-5. Procurement Policy Board.
| 8 | | (a) Creation. There is created a Procurement Policy Board, | 9 | | an agency of the State of Illinois.
| 10 | | (b) Authority and duties. The Board shall have the
| 11 | | authority and responsibility to
review, comment upon, and | 12 | | recommend, consistent with this Code, rules and
practices | 13 | | governing the
procurement, management, control,
and disposal | 14 | | of supplies, services, professional or artistic
services, | 15 | | construction, and real
property and capital improvement leases | 16 | | procured by the State.
The Board shall also have the authority | 17 | | to recommend a program for professional development and provide | 18 | | opportunities for training in procurement practices and | 19 | | policies to chief procurement officers and their staffs in | 20 | | order to ensure that all procurement is conducted in an | 21 | | efficient, professional, and appropriately transparent manner. | 22 | | Upon a three-fifths vote of its members, the Board may | 23 | | review a
contract.
Upon a three-fifths vote of its members, the | 24 | | Board may propose procurement
rules for consideration by chief |
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| 1 | | procurement officers. These proposals shall
be published in | 2 | | each volume of the Procurement Bulletin.
Except as otherwise | 3 | | provided by law, the Board shall act upon the vote of a
| 4 | | majority of its members who have been appointed and are | 5 | | serving.
| 6 | | (b-5) Reviews, studies, and hearings. The Board may review, | 7 | | study, and hold public hearings concerning the implementation | 8 | | and administration of this Code. Each chief procurement | 9 | | officer, State purchasing officer, procurement compliance | 10 | | monitor, and State agency shall cooperate with the Board, | 11 | | provide information to the Board, and be responsive to the | 12 | | Board in the Board's conduct of its reviews, studies, and | 13 | | hearings.
| 14 | | (c) Members. The Board shall consist of 5 members
appointed | 15 | | one each by the 4 legislative leaders and
the Governor.
Each
| 16 | | member shall have demonstrated sufficient business or | 17 | | professional
experience in the area of
procurement to perform | 18 | | the functions of the Board. No member may be a member
of the | 19 | | General Assembly.
| 20 | | (d) Terms. Of the initial appointees, the Governor shall
| 21 | | designate one member, as Chairman, to serve
a one-year term, | 22 | | the President of the Senate and the Speaker of the House shall
| 23 | | each appoint one member to serve 3-year terms, and the Minority | 24 | | Leader of the
House
and the Minority Leader of the Senate shall | 25 | | each
appoint one member to serve 2-year terms. Subsequent
terms | 26 | | shall be 4 years. Members may be reappointed for
succeeding |
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| 1 | | terms.
| 2 | | (e) Reimbursement. Members shall receive no compensation
| 3 | | but shall be reimbursed
for any expenses reasonably incurred in | 4 | | the performance of their
duties.
| 5 | | (f) Staff support. Upon a three-fifths vote of its members, | 6 | | the Board may
employ an executive director. Subject to | 7 | | appropriation, the
Board also may employ a reasonable and | 8 | | necessary number of staff persons.
| 9 | | (g) Meetings. Meetings of the Board may be conducted | 10 | | telephonically,
electronically, or through the use of other | 11 | | telecommunications.
Written minutes of such meetings shall be
| 12 | | created and available for public inspection and copying.
| 13 | | (h) Procurement recommendations. Upon a three-fifths vote | 14 | | of its members, the Board may review a proposal, bid, or | 15 | | contract and issue a recommendation to void a contract or | 16 | | reject a proposal or bid based on any violation of this Code or | 17 | | the existence of a conflict of interest as described in | 18 | | subsections (b) and (d) of Section 50-35. A chief procurement | 19 | | officer or State purchasing officer shall notify the Board if | 20 | | an alleged conflict of interest or violation of the Code is | 21 | | identified, discovered, or reasonably suspected to exist. Any | 22 | | person or entity may notify the Board of an alleged conflict of | 23 | | interest or violation of the Code. A recommendation of the | 24 | | Board shall be delivered to the appropriate chief procurement | 25 | | officer and Executive Ethics Commission within 7 calendar days | 26 | | and must be published in the next volume of the Procurement |
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| 1 | | Bulletin. In the event that an alleged conflict of interest or | 2 | | violation of the
Code that was not originally disclosed with | 3 | | the bid, offer, or proposal is identified and filed with the | 4 | | Board, the
Board shall provide written notice of the alleged | 5 | | conflict of interest or violation to the bidder, offeror, | 6 | | potential contractor, contractor, or subcontractor on that | 7 | | contract. If
the alleged conflict of interest or violation is | 8 | | by the subcontractor, written notice shall also be provided to | 9 | | the bidder, offeror, potential contractor, or contractor. The | 10 | | bidder, offeror, potential contractor,
contractor, or | 11 | | subcontractor shall have 15 calendar days to provide a written | 12 | | response to the notice, and a hearing before
the Board on the | 13 | | alleged conflict of interest or violation shall be held upon | 14 | | request by the bidder, offeror, potential contractor, | 15 | | contractor, or subcontractor. The requested hearing date and | 16 | | time shall
be determined by the Board, but in no event shall | 17 | | the hearing occur later than 15 calendar days after the date of | 18 | | the request. | 19 | | (i) After providing notice and a hearing as required by | 20 | | subsection (h), the Board shall refer any alleged violations of | 21 | | this Code to the Executive Inspector General in addition to or | 22 | | instead of issuing a recommendation to void a contract. | 23 | | (j) Each State agency must respond promptly in writing to | 24 | | all inquiries and comments of the Procurement Policy Board. | 25 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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| 1 | | (30 ILCS 500/5-30) | 2 | | Sec. 5-30. Proposed contracts; Procurement Policy Board. | 3 | | (a) Except as provided in subsection (c), within 15 30 | 4 | | calendar days after notice of the awarding or letting of a | 5 | | contract has appeared in the Procurement Bulletin in accordance | 6 | | with subsection (b) of Section 15-25, the Board may request in | 7 | | writing from the contracting agency and the contracting agency | 8 | | shall promptly, but in no event later than 7 calendar days | 9 | | after receipt of the request, provide to the Board, by | 10 | | electronic or other means satisfactory to the Board, | 11 | | documentation in the possession of the contracting agency | 12 | | concerning the proposed contract. Nothing in this subsection is | 13 | | intended to waive or abrogate any privilege or right of | 14 | | confidentiality authorized by law. | 15 | | (b) No contract subject to this Section may be entered into | 16 | | until the 15-day 30-day period described in subsection (a) has | 17 | | expired, unless the contracting agency requests in writing that | 18 | | the Board waive the period and the Board grants the waiver in | 19 | | writing.
| 20 | | (c) This Section does not apply to (i) contracts entered | 21 | | into under this Code for small and emergency procurements as | 22 | | those procurements are defined in Article 20 and (ii) contracts | 23 | | for professional and artistic services that are nonrenewable, | 24 | | one year or less in duration, and have a value of less than | 25 | | $20,000. If requested in writing by the Board, however, the | 26 | | contracting agency must promptly, but in no event later than 10 |
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| 1 | | calendar days after receipt of the request, transmit to the | 2 | | Board a copy of the contract for an emergency procurement and | 3 | | documentation in the possession of the contracting agency | 4 | | concerning the contract.
| 5 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 6 | | (30 ILCS 500/10-10)
| 7 | | Sec. 10-10. Independent State purchasing officers. | 8 | | (a) The chief procurement officer shall
appoint a State | 9 | | purchasing officer for each agency that the chief procurement | 10 | | officer is responsible for under Section 1-15.15. A State | 11 | | purchasing officer shall be located in the State agency that | 12 | | the officer serves but shall report to his or her respective | 13 | | chief procurement officer. The State purchasing officer shall | 14 | | have direct communication with agency staff assigned to assist | 15 | | with any procurement process. At the direction of his or her | 16 | | respective chief procurement officer, a State purchasing | 17 | | officer shall have the authority to (i) review each contract or | 18 | | contract amendment prior to execution to ensure that applicable | 19 | | procurement and contracting standards were followed, and (ii) | 20 | | approve or reject contracts for a purchasing agency. If the | 21 | | State purchasing officer provides written approval of the | 22 | | contract, the head of the applicable State agency shall have | 23 | | the authority to sign and enter into that contract. All actions | 24 | | of a State purchasing officer are subject to review by a chief | 25 | | procurement officer in accordance with procedures and policies |
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| 1 | | established by the chief procurement officer. | 2 | | (a-5) A State purchasing officer owes a fiduciary duty to | 3 | | the State. | 4 | | (a-10) A State purchasing officer may: (i) attend any | 5 | | procurement meetings; (ii) access any records or files related | 6 | | to procurement; (iii) issue reports to the chief procurement | 7 | | officer on procurement issues that present issues; (iv) ensure | 8 | | the State agency is maintaining appropriate records; and (v) | 9 | | ensure transparency of the procurement process. | 10 | | (a-15) If a State purchasing officer is aware of | 11 | | misconduct, waste, or inefficiency with respect to State | 12 | | procurement, the State purchasing officer shall advise the | 13 | | State agency of the issue in writing. If the State agency does | 14 | | not correct the issue, the State purchasing officer shall | 15 | | report the problem, in writing, to the chief procurement | 16 | | officer and Inspector General. | 17 | | (b) In addition to any other requirement or qualification | 18 | | required by State law, within 30 months after appointment, a | 19 | | State purchasing officer must be a Certified Professional | 20 | | Public Buyer or a Certified Public Purchasing Officer, pursuant | 21 | | to certification by the Universal Public Purchasing | 22 | | Certification Council. A State purchasing officer shall serve a | 23 | | term of 5 years beginning on the date of the officer's | 24 | | appointment. A State purchasing officer shall have an office | 25 | | located in the State agency that the officer serves but shall | 26 | | report to the chief procurement officer. A State purchasing |
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| 1 | | officer may be removed by a chief procurement officer for cause | 2 | | after a hearing by the Executive Ethics Commission. The chief | 3 | | procurement officer or executive officer of the State agency | 4 | | housing the State purchasing officer may institute a complaint | 5 | | against the State purchasing officer by filing such a complaint | 6 | | with the Commission and the Commission shall have a public | 7 | | hearing based on the complaint. The State purchasing officer, | 8 | | chief procurement officer, and executive officer of the State | 9 | | agency shall receive notice of the hearing and shall be | 10 | | permitted to present their respective arguments on the | 11 | | complaint. After the hearing, the Commission shall make a | 12 | | non-binding recommendation on whether the State purchasing | 13 | | officer shall be removed. The salary of a State purchasing | 14 | | officer shall be established by the chief procurement officer | 15 | | and may not be diminished during the officer's term. In the | 16 | | absence of an appointed State purchasing
officer, the | 17 | | applicable
chief procurement officer shall exercise the | 18 | | procurement authority created by
this Code and may appoint a | 19 | | temporary acting State purchasing officer.
| 20 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 21 | | for the effective date of changes made by P.A. 96-795); 97-895, | 22 | | eff. 8-3-12.)
| 23 | | (30 ILCS 500/10-15)
| 24 | | Sec. 10-15. Procurement compliance monitors. | 25 | | (a) The Executive Ethics Commission may shall appoint |
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| 1 | | procurement compliance monitors to oversee and review the | 2 | | procurement processes. Each procurement compliance monitor | 3 | | shall serve a term of 5 years beginning on the date of the | 4 | | officer's appointment. Each procurement compliance monitor | 5 | | appointed pursuant to this Section and serving a 5-year term on | 6 | | the effective date of this Amendatory Act of the 99th General | 7 | | Assembly, shall have an office located in the State agency that | 8 | | the monitor serves but shall report to and serve at the | 9 | | direction of a the appropriate chief procurement officer in the | 10 | | performance of procurement-related duties until the expiration | 11 | | of the monitor's term . The compliance monitor shall have direct | 12 | | communications with the executive officer of a State agency in | 13 | | exercising duties. A procurement compliance monitor may be | 14 | | removed only for cause after a hearing by the Executive Ethics | 15 | | Commission. The appropriate chief procurement officer or | 16 | | executive officer of the State agency housing the procurement | 17 | | compliance monitor may institute a complaint against the | 18 | | procurement compliance monitor with the Commission and the | 19 | | Commission shall hold a public hearing based on the complaint. | 20 | | The procurement compliance monitor , State purchasing officer, | 21 | | appropriate chief procurement officer, and executive officer | 22 | | of the State agency shall receive notice of the hearing and | 23 | | shall be permitted to present their respective arguments on the | 24 | | complaint. After the hearing, the Commission shall determine | 25 | | whether the procurement compliance monitor shall be removed. | 26 | | The salary of a procurement compliance monitor shall be |
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| 1 | | established by the Executive Ethics Commission and may not be | 2 | | diminished during the officer's term. | 3 | | (b) The procurement compliance monitor shall: (i) review | 4 | | any procurement, contract, or contract amendment as directed by | 5 | | the Executive Ethics Commission or a chief procurement officer; | 6 | | and (ii) report any findings of the review, in writing, to the | 7 | | Commission, the affected agency, the chief procurement officer | 8 | | responsible for the affected agency, and any entity requesting | 9 | | the review. The procurement compliance monitor may: (i) review | 10 | | each contract or contract amendment prior to execution to | 11 | | ensure that applicable procurement and contracting standards | 12 | | were followed; (ii) attend any procurement meetings; (iii) | 13 | | access any records or files related to procurement; (iv) issue | 14 | | reports to the chief procurement officer on procurement issues | 15 | | that present issues or that have not been corrected after | 16 | | consultation with appropriate State officials; (v) ensure the | 17 | | State agency is maintaining appropriate records; and (vi) | 18 | | ensure transparency of the procurement process. | 19 | | (c) If the procurement compliance monitor is aware of | 20 | | misconduct, waste, or inefficiency with respect to State | 21 | | procurement, the procurement compliance monitor shall advise | 22 | | the State agency of the issue in writing. If the State agency | 23 | | does not correct the issue, the monitor shall report the | 24 | | problem, in writing, to the chief procurement officer and | 25 | | Inspector General.
| 26 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
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| 1 | | for the effective date of changes made by P.A. 96-795); 97-895, | 2 | | eff. 8-3-12.)
| 3 | | (30 ILCS 500/15-25) | 4 | | Sec. 15-25. Bulletin content. | 5 | | (a) Invitations for bids. Notice of each and every contract | 6 | | that is
offered, including renegotiated contracts and change | 7 | | orders,
shall be published in the applicable volume of the | 8 | | Illinois Procurement Bulletin. All businesses listed on the | 9 | | Department of Transportation Disadvantaged Business Enterprise | 10 | | Directory, the Department of Central Management Services | 11 | | Business Enterprise Program, and the Chief Procurement | 12 | | Office's Small Business Vendors Directory shall be furnished | 13 | | written instructions and information on how to register on each | 14 | | Procurement Bulletin maintained by the State. Such information | 15 | | shall be provided to each business within 30 calendar days | 16 | | after the business' notice of certification. The applicable | 17 | | chief procurement officer
or applicable designated procurement | 18 | | officer may provide by rule an organized format for the | 19 | | publication of this
information, but in any case it must | 20 | | include at least the date first offered,
the date submission of | 21 | | offers is due, the location that offers are to be
submitted to, | 22 | | the purchasing State agency, the e-mail address and telephone | 23 | | number of the responsible State procurement contact purchasing
| 24 | | officer , a brief purchase description, the method of source | 25 | | selection,
information of how to obtain a comprehensive |
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| 1 | | purchase description and any
disclosure and contract forms, and | 2 | | may include encouragement to potential contractors to hire | 3 | | qualified veterans, as defined by Section 45-67 of this Code, | 4 | | and qualified Illinois minorities, women, persons with | 5 | | disabilities, and residents discharged from any Illinois adult | 6 | | correctional center. | 7 | | (a-5) All businesses listed on the Illinois Unified | 8 | | Certification Program Disadvantaged Business Enterprise | 9 | | Directory, the Business Enterprise Program of the Department of | 10 | | Central Management Services, and the Small Business Vendors | 11 | | Directory of the Department of Central Management Services | 12 | | shall be furnished written instructions and information on how | 13 | | to register for each volume of the Illinois Procurement | 14 | | Bulletin. Such information shall be provided to each business | 15 | | within 30 calendar days after the business's notice of | 16 | | certification. | 17 | | (b) Contracts let. Notice of each and every contract that | 18 | | is let, including renegotiated contracts and change orders, | 19 | | shall be issued electronically to those bidders submitting | 20 | | responses to the solicitations, inclusive of the unsuccessful | 21 | | bidders, immediately upon contract let. Failure of any chief | 22 | | procurement officer to give such notice shall result in tolling | 23 | | the time for filing a bid protest up to 7 calendar days. | 24 | | For purposes of this subsection (b), "contracts let" means | 25 | | a construction agency's act of advertising an invitation for | 26 | | bids for one or more construction projects. |
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| 1 | | (b-5) Contracts awarded. Notice of each and every contract | 2 | | that is awarded, including renegotiated contracts and change | 3 | | orders, shall be issued electronically to the successful | 4 | | responsible bidder, offeror, or contractor and published in the | 5 | | next available subsequent Bulletin. The applicable chief | 6 | | procurement officer may provide by rule an organized format for | 7 | | the publication of this information, but in any case it must | 8 | | include at least all of the information specified in subsection | 9 | | (a) as well as the name of the successful responsible bidder, | 10 | | offeror, the contract price, the number of unsuccessful bidders | 11 | | or offerors and any other disclosure specified in any Section | 12 | | of this Code. This notice must be posted in the online | 13 | | electronic Bulletin prior to execution of the contract. | 14 | | For purposes of this subsection (b-5), "contract award" | 15 | | means the determination that a particular bidder or offeror has | 16 | | been selected from among other bidders or offerors to receive a | 17 | | contract, subject to the successful completion of final | 18 | | negotiations. "Contract award" is evidenced by the posting of a | 19 | | Notice of Award or a Notice of Intent to Award to the | 20 | | respective volume of the Illinois Procurement Bulletin. | 21 | | (c) Emergency purchase disclosure. Any chief procurement | 22 | | officer or State
purchasing officer exercising emergency | 23 | | purchase authority under
this Code shall publish a written | 24 | | description and reasons and the total cost,
if known, or an | 25 | | estimate if unknown and the name of the responsible chief
| 26 | | procurement officer and State purchasing officer, and the |
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| 1 | | business or person
contracted with for all emergency purchases | 2 | | in
the next timely, practicable Bulletin. This notice must be | 3 | | posted in the online electronic Bulletin no later than 5 | 4 | | calendar days after the contract is awarded.
Notice of a | 5 | | hearing to extend an emergency contract must be posted in the | 6 | | online electronic Procurement Bulletin no later than 14 | 7 | | calendar days prior to the hearing. | 8 | | (c-5) Business Enterprise Program report. Each purchasing | 9 | | agency shall, with the assistance of the applicable chief | 10 | | procurement officer, post in the online electronic Bulletin a | 11 | | copy of its annual report of utilization of businesses owned by | 12 | | minorities, females, and persons with disabilities as | 13 | | submitted to the Business Enterprise Council for Minorities, | 14 | | Females, and Persons with Disabilities pursuant to Section 6(c) | 15 | | of the Business Enterprise for Minorities, Females, and Persons | 16 | | with Disabilities Act within 10 calendar days after its | 17 | | submission of its report to the Council.
| 18 | | (c-10) Renewals. Notice of each contract renewal shall be | 19 | | posted in the online electronic Bulletin within 14 calendar | 20 | | days of the determination to renew the contract and the next | 21 | | available subsequent Bulletin. The notice shall include at | 22 | | least all of the information required in subsection (b).
| 23 | | (c-15) Sole source procurements. Before entering into a | 24 | | sole source contract, a chief procurement officer exercising | 25 | | sole source procurement authority under this Code shall publish | 26 | | a written description of intent to enter into a sole source |
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| 1 | | contract along with a description of the item to be procured | 2 | | and the intended sole source contractor. This notice must be | 3 | | posted in the online electronic Procurement Bulletin before a | 4 | | sole source contract is awarded and at least 14 calendar days | 5 | | before the hearing required by Section 20-25. | 6 | | (d) Other required disclosure. The applicable chief | 7 | | procurement officer
shall provide by rule for the organized | 8 | | publication of all other disclosure
required in other Sections | 9 | | of this Code in a timely manner. | 10 | | (e) The changes to subsections (b), (c), (c-5), (c-10), and | 11 | | (c-15) of this Section made by this amendatory Act of the 96th | 12 | | General Assembly apply to reports submitted, offers made, and | 13 | | notices on contracts executed on or after its effective date.
| 14 | | (f) Each chief procurement officer shall, in consultation | 15 | | with the agencies under his or her jurisdiction, provide the | 16 | | Procurement Policy Board with the information and resources | 17 | | necessary, and in a manner, to effectuate the purpose of this | 18 | | amendatory Act of the 96th General Assembly. | 19 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14; | 20 | | 98-1076, eff. 1-1-15 .)
| 21 | | (30 ILCS 500/20-10)
| 22 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 23 | | and 98-1076) | 24 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 25 | | (a) Conditions for use. All contracts shall be awarded by
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| 1 | | competitive sealed bidding
except as otherwise provided in | 2 | | Section 20-5.
| 3 | | (b) Invitation for bids. An invitation for bids shall be
| 4 | | issued and shall include a
purchase description and the | 5 | | material contractual terms and
conditions applicable to the
| 6 | | procurement.
| 7 | | (c) Public notice. Public notice of the invitation for bids | 8 | | shall be
published in the Illinois Procurement Bulletin at | 9 | | least 14 calendar days before the date
set in the invitation | 10 | | for the opening of bids.
| 11 | | (d) Bid opening. Bids shall be opened publicly in the
| 12 | | presence of one or more witnesses
at the time and place | 13 | | designated in the invitation for bids. The
name of each bidder, | 14 | | the amount
of each bid, and other relevant information as may | 15 | | be specified by
rule shall be
recorded. After the award of the | 16 | | contract, the winning bid and the
record of each unsuccessful | 17 | | bid shall be open to
public inspection.
| 18 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 19 | | unconditionally accepted without
alteration or correction, | 20 | | except as authorized in this Code. Bids
shall be evaluated | 21 | | based on the
requirements set forth in the invitation for bids, | 22 | | which may
include criteria to determine
acceptability such as | 23 | | inspection, testing, quality, workmanship,
delivery, and | 24 | | suitability for a
particular purpose. Those criteria that will | 25 | | affect the bid price
and be considered in evaluation
for award, | 26 | | such as discounts, transportation costs, and total or
life |
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| 1 | | cycle costs, shall be
objectively measurable. The invitation | 2 | | for bids shall set forth
the evaluation criteria to be used.
| 3 | | (f) Correction or withdrawal of bids. Correction or
| 4 | | withdrawal of inadvertently
erroneous bids before or after | 5 | | award, or cancellation of awards of
contracts based on bid
| 6 | | mistakes, shall be permitted in accordance with rules.
After | 7 | | bid opening, no
changes in bid prices or other provisions of | 8 | | bids prejudicial to
the interest of the State or fair
| 9 | | competition shall be permitted. All decisions to permit the
| 10 | | correction or withdrawal of bids
based on bid mistakes shall be | 11 | | supported by written determination
made by a State purchasing | 12 | | officer.
| 13 | | (g) Award. The contract shall be awarded with reasonable
| 14 | | promptness by written notice
to the lowest responsible and | 15 | | responsive bidder whose bid meets
the requirements and criteria
| 16 | | set forth in the invitation for bids, except when a State | 17 | | purchasing officer
determines it is not in the best interest of | 18 | | the State and by written
explanation determines another bidder | 19 | | shall receive the award. The explanation
shall appear in the | 20 | | appropriate volume of the Illinois Procurement Bulletin. The | 21 | | written explanation must include:
| 22 | | (1) a description of the agency's needs; | 23 | | (2) a determination that the anticipated cost will be | 24 | | fair and reasonable; | 25 | | (3) a listing of all responsible and responsive | 26 | | bidders; and |
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| 1 | | (4) the name of the bidder selected, the total contract | 2 | | price, and the reasons for selecting that bidder. | 3 | | When a multiple award is contemplated, the solicitation | 4 | | shall identify the award criteria and a detailed method of | 5 | | selecting from among the multiple awardees. | 6 | | Each chief procurement officer may adopt guidelines to | 7 | | implement the requirements of this subsection (g). | 8 | | The written explanation shall be filed with the Legislative | 9 | | Audit Commission and the Procurement Policy Board, and be made | 10 | | available for inspection by the public, within 30 calendar days | 11 | | after the agency's decision to award the contract. | 12 | | (h) Multi-step sealed bidding. When it is considered
| 13 | | impracticable to initially prepare
a purchase description to | 14 | | support an award based on price, an
invitation for bids may be | 15 | | issued
requesting the submission of unpriced offers to be | 16 | | followed by written requests for sealed quotes with pricing to | 17 | | meet the need and an
invitation for bids limited to the pool of
| 18 | | those bidders whose offers have been qualified under the | 19 | | criteria
set forth in the first solicitation. An award shall be | 20 | | made to the responsible vendor with the lowest priced quote | 21 | | meeting the needs of the State agency. The chief procurement | 22 | | officer may re-open the pool periodically as needed to ensure | 23 | | reasonable competition.
| 24 | | (i) Alternative procedures. Notwithstanding any other | 25 | | provision of this Act to the contrary, the Director of the | 26 | | Illinois Power Agency may create alternative bidding |
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| 1 | | procedures to be used in procuring professional services under | 2 | | subsection (a) of Section 1-75 and subsection (d) of Section | 3 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 4 | | of the Public Utilities Act and to procure renewable energy | 5 | | resources under Section 1-56 of the Illinois Power Agency Act. | 6 | | These alternative procedures shall be set forth together with | 7 | | the other criteria contained in the invitation for bids, and | 8 | | shall appear in the appropriate volume of the Illinois | 9 | | Procurement Bulletin.
| 10 | | (j) Reverse auction. Notwithstanding any other provision | 11 | | of this Section and in accordance with rules adopted by the | 12 | | chief procurement officer, that chief procurement officer may | 13 | | procure supplies or services through a competitive electronic | 14 | | auction bidding process after the chief procurement officer | 15 | | determines that the use of such a process will be in the best | 16 | | interest of the State. The chief procurement officer shall | 17 | | publish that determination in his or her next volume of the | 18 | | Illinois Procurement Bulletin. | 19 | | An invitation for bids shall be issued and shall include | 20 | | (i) a procurement description, (ii) all contractual terms, | 21 | | whenever practical, and (iii) conditions applicable to the | 22 | | procurement, including a notice that bids will be received in | 23 | | an electronic auction manner. | 24 | | Public notice of the invitation for bids shall be given in | 25 | | the same manner as provided in subsection (c). | 26 | | Bids shall be accepted electronically at the time and in |
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| 1 | | the manner designated in the invitation for bids. During the | 2 | | auction, a bidder's price shall be disclosed to other bidders. | 3 | | Bidders shall have the opportunity to reduce their bid prices | 4 | | during the auction. At the conclusion of the auction, the | 5 | | record of the bid prices received and the name of each bidder | 6 | | shall be open to public inspection. | 7 | | After the auction period has terminated, withdrawal of bids | 8 | | shall be permitted as provided in subsection (f). | 9 | | The contract shall be awarded within 60 calendar days after | 10 | | the auction by written notice to the lowest responsible bidder, | 11 | | or all bids shall be rejected except as otherwise provided in | 12 | | this Code. Extensions of the date for the award may be made by | 13 | | mutual written consent of the State purchasing officer and the | 14 | | lowest responsible bidder. | 15 | | This subsection does not apply to (i) procurements of | 16 | | professional and artistic services, (ii) telecommunications | 17 | | services, communication services, and information services, | 18 | | and (iii) contracts for construction projects, including | 19 | | design professional services. | 20 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 21 | | 98-1076, eff. 1-1-15.)
| 22 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 23 | | and 98-1076)
| 24 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 25 | | (a) Conditions for use. All contracts shall be awarded by
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| 1 | | competitive sealed bidding
except as otherwise provided in | 2 | | Section 20-5.
| 3 | | (b) Invitation for bids. An invitation for bids shall be
| 4 | | issued and shall include a
purchase description and the | 5 | | material contractual terms and
conditions applicable to the
| 6 | | procurement.
| 7 | | (c) Public notice. Public notice of the invitation for bids | 8 | | shall be
published in the Illinois Procurement Bulletin at | 9 | | least 14 calendar days before the date
set in the invitation | 10 | | for the opening of bids.
| 11 | | (d) Bid opening. Bids shall be opened publicly in the
| 12 | | presence of one or more witnesses
at the time and place | 13 | | designated in the invitation for bids. The
name of each bidder, | 14 | | the amount
of each bid, and other relevant information as may | 15 | | be specified by
rule shall be
recorded. After the award of the | 16 | | contract, the winning bid and the
record of each unsuccessful | 17 | | bid shall be open to
public inspection.
| 18 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 19 | | unconditionally accepted without
alteration or correction, | 20 | | except as authorized in this Code. Bids
shall be evaluated | 21 | | based on the
requirements set forth in the invitation for bids, | 22 | | which may
include criteria to determine
acceptability such as | 23 | | inspection, testing, quality, workmanship,
delivery, and | 24 | | suitability for a
particular purpose. Those criteria that will | 25 | | affect the bid price
and be considered in evaluation
for award, | 26 | | such as discounts, transportation costs, and total or
life |
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| 1 | | cycle costs, shall be
objectively measurable. The invitation | 2 | | for bids shall set forth
the evaluation criteria to be used.
| 3 | | (f) Correction or withdrawal of bids. Correction or
| 4 | | withdrawal of inadvertently
erroneous bids before or after | 5 | | award, or cancellation of awards of
contracts based on bid
| 6 | | mistakes, shall be permitted in accordance with rules.
After | 7 | | bid opening, no
changes in bid prices or other provisions of | 8 | | bids prejudicial to
the interest of the State or fair
| 9 | | competition shall be permitted. All decisions to permit the
| 10 | | correction or withdrawal of bids
based on bid mistakes shall be | 11 | | supported by written determination
made by a State purchasing | 12 | | officer.
| 13 | | (g) Award. The contract shall be awarded with reasonable
| 14 | | promptness by written notice
to the lowest responsible and | 15 | | responsive bidder whose bid meets
the requirements and criteria
| 16 | | set forth in the invitation for bids, except when a State | 17 | | purchasing officer
determines it is not in the best interest of | 18 | | the State and by written
explanation determines another bidder | 19 | | shall receive the award. The explanation
shall appear in the | 20 | | appropriate volume of the Illinois Procurement Bulletin. The | 21 | | written explanation must include:
| 22 | | (1) a description of the agency's needs; | 23 | | (2) a determination that the anticipated cost will be | 24 | | fair and reasonable; | 25 | | (3) a listing of all responsible and responsive | 26 | | bidders; and |
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| 1 | | (4) the name of the bidder selected, the total contract | 2 | | price, and the reasons for selecting that bidder. | 3 | | When a multiple award is contemplated, the solicitation | 4 | | shall identify the award criteria and a detailed method of | 5 | | selecting from among the multiple awardees. | 6 | | Each chief procurement officer may adopt guidelines to | 7 | | implement the requirements of this subsection (g). | 8 | | The written explanation shall be filed with the Legislative | 9 | | Audit Commission and the Procurement Policy Board, and be made | 10 | | available for inspection by the public, within 30 days after | 11 | | the agency's decision to award the contract. | 12 | | (h) Multi-step sealed bidding. When it is considered
| 13 | | impracticable to initially prepare
a purchase description to | 14 | | support an award based on price, an
invitation for bids may be | 15 | | issued
requesting the submission of unpriced offers to be | 16 | | followed by written requests for sealed quotes with pricing to | 17 | | meet the need and an
invitation for bids limited to the pool of
| 18 | | those bidders whose offers have been qualified under the | 19 | | criteria
set forth in the first solicitation. An award shall be | 20 | | made to the responsible vendor with the lowest priced quote | 21 | | meeting the needs of the State agency. The chief procurement | 22 | | officer may re-open the pool periodically as needed to ensure | 23 | | reasonable competition.
| 24 | | (i) Alternative procedures. Notwithstanding any other | 25 | | provision of this Act to the contrary, the Director of the | 26 | | Illinois Power Agency may create alternative bidding |
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| 1 | | procedures to be used in procuring professional services under | 2 | | subsection (a) of Section 1-75 and subsection (d) of Section | 3 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 4 | | of the Public Utilities Act and to procure renewable energy | 5 | | resources under Section 1-56 of the Illinois Power Agency Act. | 6 | | These alternative procedures shall be set forth together with | 7 | | the other criteria contained in the invitation for bids, and | 8 | | shall appear in the appropriate volume of the Illinois | 9 | | Procurement Bulletin.
| 10 | | (j) Reverse auction. Notwithstanding any other provision | 11 | | of this Section and in accordance with rules adopted by the | 12 | | chief procurement officer, that chief procurement officer may | 13 | | procure supplies or services through a competitive electronic | 14 | | auction bidding process after the chief procurement officer | 15 | | determines that the use of such a process will be in the best | 16 | | interest of the State. The chief procurement officer shall | 17 | | publish that determination in his or her next volume of the | 18 | | Illinois Procurement Bulletin. | 19 | | An invitation for bids shall be issued and shall include | 20 | | (i) a procurement description, (ii) all contractual terms, | 21 | | whenever practical, and (iii) conditions applicable to the | 22 | | procurement, including a notice that bids will be received in | 23 | | an electronic auction manner. | 24 | | Public notice of the invitation for bids shall be given in | 25 | | the same manner as provided in subsection (c). | 26 | | Bids shall be accepted electronically at the time and in |
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| 1 | | the manner designated in the invitation for bids. During the | 2 | | auction, a bidder's price shall be disclosed to other bidders. | 3 | | Bidders shall have the opportunity to reduce their bid prices | 4 | | during the auction. At the conclusion of the auction, the | 5 | | record of the bid prices received and the name of each bidder | 6 | | shall be open to public inspection. | 7 | | After the auction period has terminated, withdrawal of bids | 8 | | shall be permitted as provided in subsection (f). | 9 | | The contract shall be awarded within 60 calendar days after | 10 | | the auction by written notice to the lowest responsible bidder, | 11 | | or all bids shall be rejected except as otherwise provided in | 12 | | this Code. Extensions of the date for the award may be made by | 13 | | mutual written consent of the State purchasing officer and the | 14 | | lowest responsible bidder. | 15 | | This subsection does not apply to (i) procurements of | 16 | | professional and artistic services, (ii) telecommunications | 17 | | services, communication services, and information services,
| 18 | | and (iii) contracts for construction projects, including | 19 | | design professional services. | 20 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 21 | | 98-1076, eff. 1-1-15 .)
| 22 | | (30 ILCS 500/20-15)
| 23 | | Sec. 20-15. Competitive sealed proposals.
| 24 | | (a) Conditions for use. When provided under this Code or | 25 | | under
rules, or when
the purchasing agency determines in |
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| 1 | | writing that the use of
competitive sealed bidding
is either | 2 | | not practicable or not advantageous to the State, a
contract | 3 | | may be entered into by
competitive sealed proposals.
| 4 | | (b) Request for proposals. Proposals shall be solicited
| 5 | | through a request for proposals.
| 6 | | (c) Public notice. Public notice of the request for
| 7 | | proposals shall be published in the
Illinois Procurement | 8 | | Bulletin at least 14 calendar days before the date set
in the | 9 | | invitation for the opening
of proposals.
| 10 | | (d) Receipt of proposals. Proposals shall be opened
| 11 | | publicly in the presence of one or
more witnesses at the time | 12 | | and place designated in the request for
proposals, but | 13 | | proposals shall
be opened in a manner to avoid disclosure of | 14 | | contents to competing
offerors during the process
of | 15 | | negotiation. A record of proposals shall be prepared and
shall | 16 | | be open for public inspection
after contract award.
| 17 | | (e) Evaluation factors. The requests for proposals shall
| 18 | | state the relative importance of
price and other evaluation | 19 | | factors. Proposals shall be submitted
in 2 parts: the first, | 20 | | covering
items except price; and the second, covering price. | 21 | | The first
part of all proposals shall be
evaluated and ranked | 22 | | independently of the second part of
all proposals.
| 23 | | (f) Discussion with responsible offerors and revisions of | 24 | | offers or
proposals. As provided in the
request for proposals | 25 | | and under rules, discussions
may be conducted with
responsible | 26 | | offerors who submit offers or proposals determined to be
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| 1 | | reasonably susceptible of being
selected for award for the | 2 | | purpose of clarifying and assuring full
understanding of and
| 3 | | responsiveness to the solicitation requirements. Those | 4 | | offerors
shall be accorded fair and equal
treatment with | 5 | | respect to any opportunity for discussion and
revision of | 6 | | proposals. Revisions
may be permitted after submission and | 7 | | before award for the
purpose of obtaining best and final
| 8 | | offers. In conducting discussions there shall be no disclosure | 9 | | of
any information derived from
proposals submitted by | 10 | | competing offerors.
If information is disclosed to any offeror, | 11 | | it shall be
provided to all competing offerors.
| 12 | | (g) Award. Awards shall be made to the responsible offeror
| 13 | | whose proposal is
determined in writing to be the most | 14 | | advantageous to the State,
taking into consideration price
and | 15 | | the evaluation factors set forth in the request for proposals.
| 16 | | When a multiple award is contemplated, the solicitation shall | 17 | | identify the award criteria and the detailed method of | 18 | | selecting from among the multiple awardees. The contract file | 19 | | shall contain
the basis on which any the award is
made.
| 20 | | (h) Multi-step sealed proposals. A request for proposals | 21 | | may be issued requesting the submission of offers to establish | 22 | | a pool of competitively-selected vendors to be followed by | 23 | | written requests for specific proposals with pricing to meet | 24 | | the need and limited to those in the pool of qualified vendors. | 25 | | Clarification, discussions, and best and finals shall be | 26 | | allowed as in a standard request for proposals in each step of |
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| 1 | | the process. Award shall be made to the responsible vendors | 2 | | with the most advantageous proposal, price, and other factors | 3 | | being considered. The chief procurement officer may re-open the | 4 | | pool periodically as needed to ensure reasonable competition. | 5 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 6 | | (30 ILCS 500/20-20)
| 7 | | Sec. 20-20. Small purchases.
| 8 | | (a) Amount. Any individual procurement of supplies or
| 9 | | services other than professional
or artistic services, not | 10 | | exceeding $100,000 $10,000 and any procurement of
construction | 11 | | not exceeding
$100,000, or any individual procurement of | 12 | | professional or artistic services not exceeding $100,000 | 13 | | $30,000 may be made without competitive source selection sealed | 14 | | bidding .
Procurements shall not be artificially
divided so as | 15 | | to constitute a small purchase under this Section.
| 16 | | (b) Adjustment. Each July 1, the small purchase maximum
| 17 | | established in subsection (a)
shall be adjusted for inflation | 18 | | as determined by the Consumer
Price Index for All Urban | 19 | | Consumers as determined by the United States
Department of | 20 | | Labor and rounded to the nearest $100.
| 21 | | (c) Based upon rules proposed by the Board and rules | 22 | | promulgated by the
chief procurement officers, the small | 23 | | purchase maximum established in
subsection
(a) may be modified.
| 24 | | (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. | 3 | | (a) In accordance with
standards set by rule,
contracts may | 4 | | be awarded without use of the specified
method of source | 5 | | selection when
there is only one economically feasible source | 6 | | for the item. A State contract may be awarded as a sole source | 7 | | procurement unless an interested party submits a written | 8 | | request for a public hearing at which the chief procurement | 9 | | officer and purchasing agency present written justification | 10 | | for the procurement method. Any interested party may present | 11 | | testimony. A sole source contract where a hearing was requested | 12 | | by an interested party may be awarded after the hearing is | 13 | | conducted with the approval of the chief procurement officer. | 14 | | (b) This Section may not be used as a basis for amending a | 15 | | contract for professional or artistic services if the amendment | 16 | | would result in an increase in the amount paid under the | 17 | | contract of more than 5% of the initial award, or would extend | 18 | | the contract term beyond the time reasonably needed for a | 19 | | competitive procurement, not to exceed 2 months. | 20 | | (c) Notice of intent to enter into a sole source contract | 21 | | shall be provided to the Procurement Policy Board and published | 22 | | in the online electronic Bulletin at least 14 calendar days | 23 | | before the public hearing required in subsection (a). The | 24 | | notice shall include the sole source procurement justification | 25 | | form prescribed by the Board, a description of the item to be | 26 | | procured, the intended sole source contractor, and the date, |
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| 1 | | time, and location of the public hearing. A copy of the notice | 2 | | and all documents provided at the hearing shall be included in | 3 | | the subsequent Procurement Bulletin.
| 4 | | (d) By November August 1 each year, each chief procurement | 5 | | officer shall file a report with the General Assembly | 6 | | identifying each contract the officer sought under the sole | 7 | | source procurement method and providing the justification | 8 | | given for seeking sole source as the procurement method for | 9 | | each of those contracts. | 10 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 11 | | (30 ILCS 500/20-30)
| 12 | | Sec. 20-30. Emergency purchases.
| 13 | | (a) Conditions for use. In accordance with standards set by
| 14 | | rule, a purchasing
agency may make emergency procurements | 15 | | without competitive sealed
bidding or prior notice
when there | 16 | | exists a threat to public health or public safety, or
when | 17 | | immediate expenditure is
necessary for repairs to State | 18 | | property in order to protect
against further loss of or damage | 19 | | to
State property, to prevent or minimize serious disruption in | 20 | | critical State
services that affect health, safety, or | 21 | | collection of substantial State revenues, or to ensure the
| 22 | | integrity of State records; provided, however, that the term of | 23 | | the emergency purchase shall be limited to the time reasonably | 24 | | needed for a competitive procurement, not to exceed 90 calendar | 25 | | days. A contract , other than a construction emergency contract, |
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| 1 | | may be extended beyond 90 calendar days if the chief | 2 | | procurement officer determines additional time is necessary | 3 | | and that the contract scope and duration are limited to the | 4 | | emergency. Prior to execution of the extension, the chief | 5 | | procurement officer must hold a public hearing and provide | 6 | | written justification for all emergency contracts. Members of | 7 | | the public may present testimony. Emergency procurements shall | 8 | | be made
with as much competition
as is practicable under the | 9 | | circumstances.
A written
description of the basis for the | 10 | | emergency and reasons for the
selection of the particular
| 11 | | contractor shall be included in the contract file. For | 12 | | construction, construction-related, and construction support | 13 | | procurements, the 90-calendar-day term and provisions for | 14 | | contracts are not applicable.
| 15 | | (b) Notice. Notice of all emergency procurements shall be | 16 | | provided to the Procurement Policy Board and published in the | 17 | | online electronic Bulletin no later than 5 calendar days after | 18 | | the contract is awarded. Notice of intent to extend an | 19 | | emergency contract shall be provided to the Procurement Policy | 20 | | Board and published in the online electronic Bulletin at least | 21 | | 14 calendar days before the public hearing. Notice shall | 22 | | include at least a description of the need for the emergency | 23 | | purchase, the contractor, and if applicable, the date, time, | 24 | | and location of the public hearing. A copy of this notice and | 25 | | all documents provided at the hearing shall be included in the | 26 | | subsequent Procurement Bulletin. Before the next appropriate |
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| 1 | | volume of the Illinois Procurement
Bulletin, the purchasing | 2 | | agency shall publish in the
Illinois Procurement Bulletin a | 3 | | copy of each written description
and reasons and the total cost
| 4 | | of each emergency procurement made during the previous month.
| 5 | | When only an estimate of the
total cost is known at the time of | 6 | | publication, the estimate shall
be identified as an estimate | 7 | | and
published. When the actual total cost is determined, it | 8 | | shall
also be published in like manner
before the 10th day of | 9 | | the next succeeding month.
| 10 | | (c) Affidavits. A chief procurement officer making a | 11 | | procurement
under this Section shall file
or require the | 12 | | purchasing agency to file affidavits with the Procurement | 13 | | Policy Board and the Auditor General within
10 calendar days
| 14 | | after the procurement setting
forth the amount expended, the | 15 | | name of the contractor involved,
and the conditions and
| 16 | | circumstances requiring the emergency procurement. When only | 17 | | an
estimate of the cost is
available within 10 calendar days | 18 | | after the procurement, the actual cost
shall be reported | 19 | | immediately
after it is determined. At the end of each fiscal | 20 | | quarter, the
Auditor General shall file with the
Legislative | 21 | | Audit Commission and the Governor a complete listing
of all | 22 | | emergency
procurements reported during that fiscal quarter. | 23 | | The Legislative
Audit Commission shall
review the emergency | 24 | | procurements so reported and, in its annual
reports, advise the | 25 | | General
Assembly of procurements that appear to constitute an | 26 | | abuse of
this Section.
|
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| 1 | | (d) Quick purchases. The chief procurement officer may | 2 | | promulgate rules
extending the circumstances by which a | 3 | | purchasing agency may make purchases
under this Section, | 4 | | including but not limited to the procurement of items
available | 5 | | at a discount for a limited period of time.
| 6 | | (e) The changes to this Section made by this amendatory Act | 7 | | of the 96th General Assembly apply to procurements executed on | 8 | | or after its effective date.
| 9 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 10 | | (30 ILCS 500/20-43) | 11 | | Sec. 20-43. Bidder or offeror authorized to transact | 12 | | business or conduct affairs do business in Illinois. In | 13 | | addition to meeting any other requirement of law or rule, a | 14 | | person (other than an individual acting as a sole proprietor) | 15 | | may qualify as a bidder or offeror under this Code only if the | 16 | | person is a legal entity prior to submitting the bid, offer, or | 17 | | proposal. The legal entity must be authorized to transact | 18 | | business or conduct affairs in Illinois prior to execution of | 19 | | the contract submitting the bid, offer, or proposal .
| 20 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 21 | | (30 ILCS 500/20-51 new) | 22 | | Sec. 20-51. Construction specifications. | 23 | | (a) Construction agencies may develop specifications for | 24 | | construction contracts, construction–related contracts, and |
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| 1 | | construction support contracts that may require the delivery of | 2 | | material or products that will be used to satisfy the needs of | 3 | | a construction agency. | 4 | | (b) Material and product specifications. "Material and | 5 | | product specifications" means the technical or performance | 6 | | requirements necessary to complete the contemplated work. | 7 | | (c) Brand-name only product specifications, including | 8 | | patented or proprietary products, will not be used unless a | 9 | | determination is made by the construction agency, in | 10 | | concurrence with the chief procurement officer, that: | 11 | | (1) such problems may be procured competitively with | 12 | | equally suitable non-brand-name products; | 13 | | (2) such products are necessary for compatibility with | 14 | | existing facilities or equipment; | 15 | | (3) no equally suitable alternative exists; | 16 | | (4) such products are to be used for research or for a | 17 | | distinctive type of application for experimental purposes;
| 18 | | or | 19 | | (5) such products will create operational savings for a | 20 | | facility. | 21 | | (d) When more than one product will fulfill the | 22 | | requirements for an item of work and the products are judged by | 23 | | the construction agency to be of satisfactory quality and | 24 | | equally acceptable on the basis of engineering analysis and | 25 | | estimated price, the contract specifications may contain or | 26 | | include by reference a qualified product list. |
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| 1 | | (30 ILCS 500/20-155) | 2 | | Sec. 20-155. Solicitation and contract documents. | 3 | | (a) Each chief procurement officer appointed pursuant to | 4 | | Section 10-20 shall have the sole authority in their respective | 5 | | jurisdiction to develop and distribute uniform documents for | 6 | | the solicitation, review, and acceptance of all bids, offers, | 7 | | and responses and the award of contracts pursuant to this Code. | 8 | | If a chief procurement officer appointed pursuant to Section | 9 | | 10-20 exercises the authority to develop and distribute uniform | 10 | | documents for the solicitation, review and acceptance of all | 11 | | bids, offers and responses and the award of contracts, then the | 12 | | State agency shall use the uniform documents. | 13 | | (b) After award of a contract and subject to provisions of | 14 | | the Freedom of Information Act, the procuring agency shall make | 15 | | available for public inspection and copying all pre-award, | 16 | | post-award, administration, and close-out documents relating | 17 | | to that particular contract. Publication of a notice of award | 18 | | to the respective chief procurement officer's volume of the | 19 | | Illinois Procurement Bulletin shall constitute the award or | 20 | | final selection for purposes of paragraph (h) of subsection (1) | 21 | | of Section 7 of the Freedom of Information Act.
| 22 | | (c) A procurement file shall be maintained for all | 23 | | contracts, regardless of the method of procurement. The | 24 | | procurement file shall contain the basis on which the award is | 25 | | made, all submitted bids and proposals, all evaluation |
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| 1 | | materials including individual evaluators' , score sheets and | 2 | | all other documentation related to or prepared in conjunction | 3 | | with evaluation, negotiation, and the award process. The | 4 | | procurement file shall contain a written determination, signed | 5 | | by the chief procurement officer or State purchasing officer, | 6 | | setting forth the reasoning for the contract award decision. | 7 | | The procurement file shall not include trade secrets or other | 8 | | competitively sensitive, confidential, or proprietary | 9 | | information. The procurement file shall be open to public | 10 | | inspection within 7 calendar days following the publication of | 11 | | the notice of award of the contract. | 12 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 13 | | (30 ILCS 500/20-160)
| 14 | | Sec. 20-160. Business entities; certification; | 15 | | registration with the State Board of Elections. | 16 | | (a) For purposes of this Section, the terms "business | 17 | | entity", "contract", "State contract", "contract with a State | 18 | | agency", "State agency", "affiliated entity", and "affiliated | 19 | | person" have the meanings ascribed to those terms in Section | 20 | | 50-37. | 21 | | (b) Every bid and offer submitted to and every contract | 22 | | executed by the State on or after January 1, 2009 (the | 23 | | effective date of Public Act 95-971) and every submission to a | 24 | | vendor portal shall contain (1) a certification by the bidder, | 25 | | offeror, vendor, or contractor that either (i) the bidder, |
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| 1 | | offeror, vendor, or contractor is not required to register as a | 2 | | business entity with the State Board of Elections pursuant to | 3 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 4 | | has registered as a business entity with the State Board of | 5 | | Elections and acknowledges a continuing duty to update the | 6 | | registration and (2) a statement that the contract is voidable | 7 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 8 | | contractor's failure to comply with this Section. | 9 | | (c) Each business entity (i) whose aggregate bids and | 10 | | proposals on State contracts annually total more than $50,000, | 11 | | (ii) whose aggregate bids and proposals on State contracts | 12 | | combined with the business entity's aggregate annual total | 13 | | value of State contracts exceed $50,000, or (iii) whose | 14 | | contracts with State agencies, in the aggregate, annually total | 15 | | more than $50,000 shall register with the State Board of | 16 | | Elections in accordance with Section 9-35 of the Election Code. | 17 | | A business entity required to register under this subsection | 18 | | due to item (i) or (ii) has a continuing duty to ensure that | 19 | | the registration is accurate during the period beginning on the | 20 | | date of registration and ending on the day after the date the | 21 | | contract is awarded; any change in information must be reported | 22 | | to the State Board of Elections 5 business days following such | 23 | | change or no later than a day before the contract is awarded, | 24 | | whichever date is earlier. A business entity required to | 25 | | register under this subsection due to item (iii) has a | 26 | | continuing duty to ensure that the registration is accurate in |
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| 1 | | accordance with subsection (e). | 2 | | (d) Any business entity, not required under subsection (c) | 3 | | to register, whose aggregate bids and proposals on State | 4 | | contracts annually total more than $50,000, or whose aggregate | 5 | | bids and proposals on State contracts combined with the | 6 | | business entity's aggregate annual total value of State | 7 | | contracts exceed $50,000, shall register with the State Board | 8 | | of Elections in accordance with Section 9-35 of the Election | 9 | | Code prior to submitting to a State agency the bid or proposal | 10 | | whose value causes the business entity to fall within the | 11 | | monetary description of this subsection. A business entity | 12 | | required to register under this subsection has a continuing | 13 | | duty to ensure that the registration is accurate during the | 14 | | period beginning on the date of registration and ending on the | 15 | | day after the date the contract is awarded. Any change in | 16 | | information must be reported to the State Board of Elections | 17 | | within 5 business days following such change or no later than a | 18 | | day before the contract is awarded, whichever date is earlier. | 19 | | (e) A business entity whose contracts with State agencies, | 20 | | in the aggregate, annually total more than $50,000 must | 21 | | maintain its registration under this Section and has a | 22 | | continuing duty to ensure that the registration is accurate for | 23 | | the duration of the term of office of the incumbent | 24 | | officeholder awarding the contracts or for a period of 2 years | 25 | | following the expiration or termination of the contracts, | 26 | | whichever is longer. A business entity, required to register |
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| 1 | | under this subsection, has a continuing duty to report any | 2 | | changes on a quarterly basis to the State Board of Elections | 3 | | within 14 calendar days following the last day of January, | 4 | | April, July, and October of each year. Any update pursuant to | 5 | | this paragraph that is received beyond that date is presumed | 6 | | late and the civil penalty authorized by subsection (e) of | 7 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 8 | | assessed. | 9 | | Also, if a business entity required to register under this | 10 | | subsection has a pending bid or offer, any change in | 11 | | information shall be reported to the State Board of Elections | 12 | | within 7 calendar days following such change or no later than a | 13 | | day before the contract is awarded, whichever date is earlier. | 14 | | (f) A business entity's continuing duty under this Section | 15 | | to ensure the accuracy of its registration includes the | 16 | | requirement that the business entity notify the State Board of | 17 | | Elections of any change in information, including but not | 18 | | limited to changes of affiliated entities or affiliated | 19 | | persons. | 20 | | (g) For any bid or offer for a contract with a State agency | 21 | | by a business entity required to register under this Section, | 22 | | the chief procurement officer shall verify that the business | 23 | | entity is required to register under this Section and is in | 24 | | compliance with the registration requirements on the date the | 25 | | bid or offer is due. A chief procurement officer shall not | 26 | | accept a bid or offer if the business entity is not in |
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| 1 | | compliance with the registration requirements as of the date | 2 | | bids or offers are due. Upon discovery of noncompliance with | 3 | | this Section, if the bidder or offeror made a good faith effort | 4 | | to comply with registration efforts prior to the date the bid | 5 | | or offer is due, a chief procurement officer may provide the | 6 | | bidder or offeror 5 business days to achieve compliance. A | 7 | | chief procurement officer may extend the time to prove | 8 | | compliance by as long as necessary in the event that there is a | 9 | | failure within the State Board of Elections's registration | 10 | | system. | 11 | | (h) A registration, and any changes to a registration, must | 12 | | include the business entity's verification of accuracy and | 13 | | subjects the business entity to the penalties of the laws of | 14 | | this State for perjury. | 15 | | In addition to any penalty under Section 9-35 of the | 16 | | Election Code, intentional, willful, or material failure to | 17 | | disclose information required for registration shall render | 18 | | the contract, bid, offer, or other procurement relationship | 19 | | voidable by the chief procurement officer if he or she deems it | 20 | | to be in the best interest of the State of Illinois. | 21 | | (i) This Section applies regardless of the method of source | 22 | | selection used in awarding the contract.
| 23 | | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | 24 | | 98-1076, eff. 1-1-15 .) | 25 | | (30 ILCS 500/20-170 new) |
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| 1 | | Sec. 20-170. Special Committee on Procurement Efficiency | 2 | | and Illinois Preference in Purchasing. | 3 | | (a) The Special Committee on Procurement Efficiency and | 4 | | Illinois Preference in Purchasing is hereby created under the | 5 | | Executive Ethics Commission. The Special Committee shall | 6 | | consist of the following members: | 7 | | (1) three members appointed by the President of the | 8 | | Senate, only one of whom may be a current member of the | 9 | | Senate; | 10 | | (2) three members appointed by the Minority Leader of | 11 | | the Senate, only one of whom may be a current member of the | 12 | | Senate; | 13 | | (3) three members appointed by the Speaker of the House | 14 | | of Representatives, only one of whom may be a current | 15 | | member of the House; | 16 | | (4) three members appointed by the Minority Leader of | 17 | | the House, only one of whom may be a current member of the | 18 | | House; | 19 | | (5) the Director of Central Management Services or his | 20 | | or her designee; | 21 | | (6) the Chief Procurement Officer for the Department of | 22 | | Transportation; | 23 | | (7) the Chief Procurement Officer with jurisdiction | 24 | | over institutions of higher education; and | 25 | | (8) the Executive Director of the Capital Development | 26 | | Board. |
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| 1 | | (b) Members of the Special Committee must be appointed no | 2 | | later than 30 days after the effective date of this amendatory | 3 | | Act of the 99th General Assembly. | 4 | | (c) If a vacancy occurs on the Special Committee, it shall | 5 | | be filled according to the guidelines of the initial | 6 | | appointment. | 7 | | (d) The Special Committee shall elect a chairperson and | 8 | | vice-chairperson at the first meeting of the Special Committee. | 9 | | At the discretion of the chairperson, additional individuals | 10 | | may participate as non-voting members in the meetings of the | 11 | | Special Committee. | 12 | | (e) Members of the Special Committee shall serve without | 13 | | compensation. The Executive Ethics Commission shall provide | 14 | | staff and administrative services to the Special Committee. | 15 | | (f) The Special Committee shall conduct at least 3 hearings | 16 | | with at least one in Springfield and one in Chicago. Each | 17 | | hearing shall be open to the public and notice of such hearings | 18 | | shall be posted on the websites of the Procurement Policy | 19 | | Board, the Department of Central Management Services, and the | 20 | | General Assembly at least 6 days prior to the hearing. | 21 | | (g) The Special Committee on Procurement Efficiency and | 22 | | Illinois Preference in Purchasing shall: | 23 | | (1) review the current procurement process in Illinois | 24 | | to determine what inefficacies currently exist in the State | 25 | | procurement process and propose legislation to reduce | 26 | | inefficacies while protecting State funds, ethics, and |
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| 1 | | transparency; and | 2 | | (2) review Illinois' resident bidder preference laws | 3 | | and propose legislation aimed at strengthening Illinois' | 4 | | resident bidder preference laws while not harming resident | 5 | | bidders who do business in other states. | 6 | | (h) The Special Committee shall make its findings and | 7 | | recommendations to the General Assembly and to the Governor, | 8 | | including legislative proposals, no later than December 31, | 9 | | 2016. | 10 | | (i) This Section is repealed on January 31, 2017. | 11 | | (30 ILCS 500/25-85 new) | 12 | | Sec. 25-85. Best value procurement. | 13 | | (a) This Section shall apply only to: | 14 | | (1) institutions of higher education; | 15 | | (2) the Department of Agriculture; | 16 | | (3) the Department of Transportation; and | 17 | | (4) the Department of Natural Resources. | 18 | | (b) As used in this Section, "best value procurement" means | 19 | | a contract award determined by objective criteria related to | 20 | | price, features, functions, and life-cycle costs that may | 21 | | include the following: | 22 | | (1) total cost of ownership, including warranty, under | 23 | | which all repair costs are borne solely by the warranty | 24 | | provider; repair costs; maintenance costs; fuel | 25 | | consumption; and salvage value; |
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| 1 | | (2) product performance, productivity, and safety | 2 | | standards; | 3 | | (3) the supplier's ability to perform to the contract | 4 | | requirements; and | 5 | | (4) environmental benefits, including reduction of | 6 | | greenhouse gas emissions, reduction of air pollutant | 7 | | emissions, or reduction of toxic or hazardous materials. | 8 | | (c) The department or institution may purchase and equip | 9 | | heavy mobile fleet vehicles and special equipment for use by | 10 | | the department or institution by means of best value | 11 | | procurement, using specifications and criteria developed in | 12 | | consultation with the Chief Procurement Officer of each | 13 | | designated department or institution. | 14 | | (d) In addition to disclosure of the minimum requirements | 15 | | for qualification, the solicitation document shall specify | 16 | | which business performance measures, in addition to price, | 17 | | shall be given a weighted value. The department or institution | 18 | | shall use a scoring method based on those factors and price in | 19 | | determining the successful bid. Any evaluation and scoring | 20 | | method shall ensure substantial weight is given to the contract | 21 | | price. The solicitation document shall provide for submission | 22 | | of sealed price information. Evaluation of all criteria other | 23 | | than price shall be completed before the opening of price | 24 | | information. | 25 | | (e) Upon written request of any bidder who has submitted a | 26 | | bid, notice of the proposed award shall be posted in a public |
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| 1 | | place in the offices of the department or institution at least | 2 | | 24 hours before awarding the contract or purchase order. If, | 3 | | before making an award, any bidder who has submitted a bid | 4 | | files a protest with the department or institution against the | 5 | | awarding of the contract or purchase order on the ground that | 6 | | his or her bid should have been selected in accordance with the | 7 | | selection criteria in the solicitation document, the contract | 8 | | or purchase order shall not be awarded until either the protest | 9 | | has been withdrawn or the Executive Ethics Commission has made | 10 | | a final decision as to the action to be taken relative to the | 11 | | protest. Within 10 days after filing a protest, the protesting | 12 | | bidder shall file with the Executive Ethics Commission a full | 13 | | and complete written statement specifying in detail the ground | 14 | | of the protest and the facts in support thereof. | 15 | | (f) The total value of vehicles and equipment purchased | 16 | | through best value procurement pursuant to this Section shall | 17 | | be limited to $20,000,000 annually. | 18 | | (g) Best value procurement shall only be used on purchases | 19 | | made prior to June 30, 2019. | 20 | | (h) On or before January 1, 2020, the Chief Procurement | 21 | | Officer of each designated department or institution shall | 22 | | prepare an evaluation of the best value procurement pilot | 23 | | authorized by this Section, including a recommendation on | 24 | | whether or not the process should be continued. The evaluation | 25 | | shall be posted on the Illinois Procurement Gateway on or | 26 | | before January 1, 2020. |
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| 1 | | (i) This Section is repealed on January 1, 2020.
| 2 | | (30 ILCS 500/35-5)
| 3 | | Sec. 35-5. Application. All professional and artistic | 4 | | services may shall be
procured in
accordance with the | 5 | | provisions of this Article or Article 20 .
| 6 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 7 | | (30 ILCS 500/35-30) | 8 | | Sec. 35-30. Awards. | 9 | | (a) All State contracts for professional and artistic | 10 | | services procured under this Article , except as
provided in | 11 | | this Section, shall be awarded using the
competitive request | 12 | | for proposal process outlined in this Section. | 13 | | (b) For each contract offered, the chief procurement | 14 | | officer, State
purchasing officer, or his or her designee shall | 15 | | use the appropriate standard
solicitation
forms
available from | 16 | | the chief procurement officer for matters other than | 17 | | construction or the higher
education chief procurement | 18 | | officer. When a multiple award is contemplated, the | 19 | | solicitation shall identify the award criteria and the detailed | 20 | | method of selecting from among the multiple awardees. | 21 | | (c) Prepared forms shall be submitted to the chief | 22 | | procurement officer for matters other than construction or the | 23 | | higher education chief procurement officer,
whichever is | 24 | | appropriate, for
publication in its Illinois Procurement |
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| 1 | | Bulletin and circulation to the chief procurement officer for | 2 | | matters other than construction
or the higher education chief | 3 | | procurement officer's list of
prequalified vendors. Notice of | 4 | | the offer or request for
proposal shall appear at least 14 | 5 | | calendar days before the response to the offer is due. | 6 | | (d) All interested respondents shall return their | 7 | | responses to the location and by the time and date designated | 8 | | in the solicitation, at which time the responses shall be | 9 | | opened and recorded chief procurement officer for matters other | 10 | | than construction
or the higher education chief procurement | 11 | | officer,
whichever is appropriate, which shall open
and record | 12 | | them. The chief procurement officer for matters other than | 13 | | construction or higher education chief procurement officer
| 14 | | then shall forward the responses, together
with any
information | 15 | | it has available about the qualifications and other State work
| 16 | | of the respondents . | 17 | | (e) After evaluation, ranking, and selection, the | 18 | | responsible chief
procurement officer, State purchasing | 19 | | officer, or
his or her designee shall notify the chief | 20 | | procurement officer for matters other than construction
or the | 21 | | higher education chief procurement officer, whichever is | 22 | | appropriate,
of the successful respondent and shall forward
a | 23 | | copy of the signed contract for the chief procurement officer | 24 | | for matters other than construction or higher education chief
| 25 | | procurement officer's file. The chief procurement officer for | 26 | | matters other than construction or higher education chief
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| 1 | | procurement officer shall
publish the names of the
responsible | 2 | | procurement decision-maker,
the agency awarding letting the | 3 | | contract, the
successful respondent, a contract reference, and | 4 | | value of the awarded let contract
in the next appropriate | 5 | | volume of the Illinois Procurement Bulletin. | 6 | | (f) For all professional and artistic contracts procured | 7 | | under this Article with annualized value
that exceeds $25,000, | 8 | | evaluation and ranking by price are required. Any chief
| 9 | | procurement officer or State purchasing officer,
but not their | 10 | | designees, may select a respondent other than the lowest | 11 | | respondent by
price. When In any case, when the contract | 12 | | exceeds the $25,000 threshold and
the lowest respondent is not | 13 | | selected, the chief procurement officer or the State
purchasing | 14 | | officer shall publish the forward together
with the contract | 15 | | notice of who the low respondent by price was and a written | 16 | | decision as
to why another was selected as part of the notice | 17 | | of award to the chief procurement officer for matters other | 18 | | than construction or
the higher education chief procurement | 19 | | officer, whichever is appropriate.
The chief procurement | 20 | | officer for matters other than construction or higher education | 21 | | chief procurement officer shall publish as
provided in | 22 | | subsection (e) of Section 35-30,
but
shall include notice of | 23 | | the chief procurement officer's or State purchasing
officer's | 24 | | written decision . | 25 | | (g) The chief procurement officer for matters other than | 26 | | construction and higher education chief
procurement officer |
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| 1 | | may each refine, but not
contradict, this Section by | 2 | | promulgating rules
for submission to the Procurement Policy | 3 | | Board and then to the Joint Committee
on Administrative Rules. | 4 | | Any
refinement shall be based on the principles and procedures | 5 | | of the federal
Architect-Engineer Selection Law, Public Law | 6 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 7 | | Surveying Qualifications Based Selection
Act; except that | 8 | | pricing shall be an integral part of the selection process. | 9 | | (h) A request for proposals may be issued requesting the | 10 | | submission of offers to establish a competitively-selected | 11 | | pool of the most qualified vendors. When a specific need is | 12 | | identified, written requests for proposals will be directed to | 13 | | the pool of most qualified vendors to meet that need. | 14 | | Clarification, discussion, and best and finals shall be allowed | 15 | | as in a standard request for proposals in each step of the | 16 | | process. The contract for the need shall be made to the most | 17 | | qualified vendor with a fair and reasonable price. The chief | 18 | | procurement officer may re-open the pool periodically as needed | 19 | | to ensure reasonable competition. | 20 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 21 | | (30 ILCS 500/45-30)
| 22 | | Sec. 45-30. Illinois Correctional Industries. | 23 | | Notwithstanding anything to the
contrary in other law, each the | 24 | | chief procurement officer appointed pursuant to paragraph (4) | 25 | | of subsection (a) of Section 10-20 shall, in consultation
with |
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| 1 | | Illinois Correctional Industries, a division of the Illinois | 2 | | Department of Corrections (referred to as the "Illinois | 3 | | Correctional Industries" or "ICI") determine for all State | 4 | | agencies under their respective jurisdictions which articles, | 5 | | materials,
industry related services, food stuffs, and | 6 | | finished goods that are produced or
manufactured by persons | 7 | | confined in institutions and facilities of the Department of | 8 | | Corrections who are participating in Illinois Correctional | 9 | | Industries programs shall be purchased from Illinois | 10 | | Correctional Industries. Each
The chief procurement officer | 11 | | appointed pursuant to paragraph (4) of subsection (a) of | 12 | | Section 10-20 shall develop and distribute to the appropriate | 13 | | various
purchasing and using agencies a listing of all Illinois | 14 | | Correctional Industries products and procedures for | 15 | | implementing this Section.
| 16 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 17 | | (30 ILCS 500/45-45)
| 18 | | Sec. 45-45. Small businesses.
| 19 | | (a) Set-asides. Each chief procurement officer has | 20 | | authority to designate as
small business set-asides a fair
| 21 | | proportion of construction, supply, and service contracts for | 22 | | award
to small businesses in Illinois.
Advertisements for bids | 23 | | or offers for those contracts shall
specify designation as | 24 | | small business
set-asides. In awarding the contracts, only bids | 25 | | or offers from
qualified small businesses shall
be considered.
|
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| 1 | | (b) Small business. "Small business" means a business that
| 2 | | is independently owned and
operated and that is not dominant in | 3 | | its field of operation. The
chief procurement officer shall | 4 | | establish a detailed
definition by rule, using in addition to | 5 | | the foregoing criteria
other criteria, including the number
of | 6 | | employees and the dollar volume of business. When computing
the | 7 | | size status of a potential contractor,
annual sales and | 8 | | receipts of the potential contractor and all of its affiliates
| 9 | | shall be included. The maximum
number of employees and the | 10 | | maximum dollar volume that a small
business may have under
the | 11 | | rules promulgated by the chief procurement officer may vary | 12 | | from industry
to
industry to the extent necessary
to reflect | 13 | | differing characteristics of those industries, subject
to the | 14 | | following limitations:
| 15 | | (1) No wholesale business is a small business if its
| 16 | | annual sales for its most
recently completed fiscal year | 17 | | exceed $13,000,000.
| 18 | | (2) No retail business or business selling services is
| 19 | | a small business if its
annual sales and receipts exceed | 20 | | $8,000,000.
| 21 | | (3) No manufacturing business is a small business if it
| 22 | | employs more than 250
persons.
| 23 | | (4) No construction business is a small business if its
| 24 | | annual sales and receipts
exceed $14,000,000.
| 25 | | (c) Fair proportion. For the purpose of subsection (a), for | 26 | | State agencies
of the executive branch, a
fair proportion of |
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| 1 | | construction
contracts shall be no less than 25% nor more than | 2 | | 40% of the
annual total contracts for
construction.
| 3 | | (d) Withdrawal of designation. A small business set-aside
| 4 | | designation may be withdrawn
by the purchasing agency when | 5 | | deemed in the best interests of the
State. Upon withdrawal, all
| 6 | | bids or offers shall be rejected, and the bidders or offerors
| 7 | | shall be notified of the reason for
rejection. The contract | 8 | | shall then be awarded in accordance with
this Code without the
| 9 | | designation of small business set-aside.
| 10 | | (e) Small business specialist. The chief procurement | 11 | | officer shall
designate an individual a
State purchasing | 12 | | officer
who will be responsible for engaging an experienced | 13 | | contract
negotiator to serve as its small
business specialist . | 14 | | The small business specialists shall collectively work | 15 | | together to accomplish the following duties , whose duties shall | 16 | | include :
| 17 | | (1) Compiling and maintaining a comprehensive
list of | 18 | | potential small contractors. In this duty, he or she shall | 19 | | cooperate with the
Federal Small Business
Administration | 20 | | in locating potential sources for various products
and | 21 | | services.
| 22 | | (2) Assisting small businesses in complying with the
| 23 | | procedures for bidding
on State contracts.
| 24 | | (3) Examining requests from State agencies for the
| 25 | | purchase of property or
services to help determine which | 26 | | invitations to bid are to be
designated small business |
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| 1 | | set-asides.
| 2 | | (4) Making recommendations to the chief procurement | 3 | | officer for the
simplification of
specifications and terms | 4 | | in order to increase the opportunities
for small business | 5 | | participation.
| 6 | | (5) Assisting in investigations by purchasing agencies
| 7 | | to determine the
responsibility of bidders or offerors on | 8 | | small business set-asides.
| 9 | | (f) Small business annual report. Each small business | 10 | | specialist The State purchasing
officer designated under
| 11 | | subsection (e) shall annually before December 1 report in | 12 | | writing
to the General Assembly
concerning the awarding of | 13 | | contracts to small businesses. The
report shall include the | 14 | | total
value of awards made in the preceding fiscal year under | 15 | | the
designation of small business set-aside.
The report shall | 16 | | also include the total value of awards made to
businesses owned | 17 | | by minorities, females, and persons with disabilities, as
| 18 | | defined in the Business Enterprise for Minorities, Females, and | 19 | | Persons with
Disabilities Act, in the preceding fiscal year | 20 | | under the designation of small
business set-aside.
| 21 | | The requirement for reporting to the General Assembly shall
| 22 | | be satisfied by filing copies
of the report as required by | 23 | | Section 3.1 of the General Assembly
Organization Act.
| 24 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 25 | | (30 ILCS 500/45-57) |
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| 1 | | Sec. 45-57. Veterans. | 2 | | (a) Set-aside goal. It is the goal of the State to promote | 3 | | and encourage the continued economic development of small | 4 | | businesses owned and controlled by qualified veterans and that | 5 | | qualified service-disabled veteran-owned small businesses | 6 | | (referred to as SDVOSB) and veteran-owned small businesses | 7 | | (referred to as VOSB) participate in the State's procurement | 8 | | process as both prime contractors and subcontractors. Not less | 9 | | than 3% of the total dollar amount of State contracts, as | 10 | | defined by the Director of Central Management Services, shall | 11 | | be established as a goal to be awarded to SDVOSB and VOSB. That
| 12 | | portion of a contract under which the contractor subcontracts
| 13 | | with a SDVOSB or VOSB may be counted toward the
goal of this | 14 | | subsection. The Department of Central Management Services | 15 | | shall adopt rules to implement compliance with this subsection | 16 | | by all State agencies. | 17 | | (b) Fiscal year reports. By each November September 1, each | 18 | | chief procurement officer shall report to the Department of | 19 | | Central Management Services on all of the following for the | 20 | | immediately preceding fiscal year, and by each March 1 the | 21 | | Department of Central Management Services shall compile and | 22 | | report that information to the General Assembly: | 23 | | (1) The total number of VOSB, and the number of SDVOSB, | 24 | | who submitted bids for contracts under this Code. | 25 | | (2) The total number of VOSB, and the number of SDVOSB, | 26 | | who entered into contracts with the State under this Code |
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| 1 | | and the total value of those contracts. | 2 | | (c) Yearly review and recommendations. Each year, each | 3 | | chief procurement officer shall review the progress of all | 4 | | State agencies under its jurisdiction in meeting the goal | 5 | | described in subsection (a), with input from statewide | 6 | | veterans' service organizations and from the business | 7 | | community, including businesses owned by qualified veterans, | 8 | | and shall make recommendations to be included in the Department | 9 | | of Central Management Services' report to the General Assembly | 10 | | regarding continuation, increases, or decreases of the | 11 | | percentage goal. The recommendations shall be based upon the | 12 | | number of businesses that are owned by qualified veterans and | 13 | | on the continued need to encourage and promote businesses owned | 14 | | by qualified veterans. | 15 | | (d) Governor's recommendations. To assist the State in | 16 | | reaching the goal described in subsection (a), the Governor | 17 | | shall recommend to the General Assembly changes in programs to | 18 | | assist businesses owned by qualified veterans. | 19 | | (e) Definitions. As used in this Section: | 20 | | "Armed forces of the United States" means the United States | 21 | | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | 22 | | active duty as defined under 38 U.S.C. Section 101. Service in | 23 | | the Merchant Marine that constitutes active duty under Section | 24 | | 401 of federal Public Act 95-202 shall also be considered | 25 | | service in the armed forces for purposes of this Section. | 26 | | "Certification" means a determination made by the Illinois |
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| 1 | | Department of Veterans' Affairs and the Department of Central | 2 | | Management Services that a business entity is a qualified | 3 | | service-disabled veteran-owned small business or a qualified | 4 | | veteran-owned small business for whatever purpose. A SDVOSB or | 5 | | VOSB owned and controlled by females, minorities, or persons | 6 | | with disabilities, as those terms are defined in Section 2 of | 7 | | the Business Enterprise for Minorities, Females, and Persons | 8 | | with Disabilities Act, may also select and designate whether | 9 | | that business is to be certified as a "female-owned business", | 10 | | "minority-owned business", or "business owned by a person with | 11 | | a disability", as defined in Section 2 of the Business | 12 | | Enterprise for Minorities, Females, and Persons with | 13 | | Disabilities Act. | 14 | | "Control" means the exclusive, ultimate, majority, or sole | 15 | | control of the business, including but not limited to capital | 16 | | investment and all other financial matters, property, | 17 | | acquisitions, contract negotiations, legal matters, | 18 | | officer-director-employee selection and comprehensive hiring, | 19 | | operation responsibilities, cost-control matters, income and | 20 | | dividend matters, financial transactions, and rights of other | 21 | | shareholders or joint partners. Control shall be real, | 22 | | substantial, and continuing, not pro forma. Control shall | 23 | | include the power to direct or cause the direction of the | 24 | | management and policies of the business and to make the | 25 | | day-to-day as well as major decisions in matters of policy, | 26 | | management, and operations. Control shall be exemplified by |
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| 1 | | possessing the requisite knowledge and expertise to run the | 2 | | particular business, and control shall not include simple | 3 | | majority or absentee ownership. | 4 | | "Qualified service-disabled veteran" means a
veteran who | 5 | | has been found to have 10% or more service-connected disability | 6 | | by the United States Department of Veterans Affairs or the | 7 | | United States Department of Defense. | 8 | | "Qualified service-disabled veteran-owned small business" | 9 | | or "SDVOSB" means a small business (i) that is at least 51% | 10 | | owned by one or more qualified service-disabled veterans living | 11 | | in Illinois or, in the case of a corporation, at least 51% of | 12 | | the stock of which is owned by one or more qualified | 13 | | service-disabled veterans living in Illinois; (ii) that has its | 14 | | home office in Illinois; and (iii) for which items (i) and (ii) | 15 | | are factually verified annually by the Department of Central | 16 | | Management Services. | 17 | | "Qualified veteran-owned small business" or "VOSB" means a | 18 | | small business (i) that is at least 51% owned by one or more | 19 | | qualified veterans living in Illinois or, in the case of a | 20 | | corporation, at least 51% of the stock of which is owned by one | 21 | | or more qualified veterans living in Illinois; (ii) that has | 22 | | its home office in Illinois; and (iii) for which items (i) and | 23 | | (ii) are factually verified annually by the Department of | 24 | | Central Management Services. | 25 | | "Service-connected disability" means a disability incurred | 26 | | in the line of duty in the active military, naval, or air |
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| 1 | | service as described in 38 U.S.C. 101(16). | 2 | | "Small business" means a business that has annual gross | 3 | | sales of less than $75,000,000 as evidenced by the federal | 4 | | income tax return of the business. A firm with gross sales in | 5 | | excess of this cap may apply to the Department of Central | 6 | | Management Services for certification for a particular | 7 | | contract if the firm can demonstrate that the contract would | 8 | | have significant impact on SDVOSB or VOSB as suppliers or | 9 | | subcontractors or in employment of veterans or | 10 | | service-disabled veterans. | 11 | | "State agency" has the meaning provided in Section 1-15.100 | 12 | | of this Code. same meaning as in Section 2 of the Business | 13 | | Enterprise for Minorities, Females, and Persons with | 14 | | Disabilities Act. | 15 | | "Time of hostilities with a foreign country" means any | 16 | | period of time in the past, present, or future during which a | 17 | | declaration of war by the United States Congress has been or is | 18 | | in effect or during which an emergency condition has been or is | 19 | | in effect that is recognized by the issuance of a Presidential | 20 | | proclamation or a Presidential executive order and in which the | 21 | | armed forces expeditionary medal or other campaign service | 22 | | medals are awarded according to Presidential executive order. | 23 | | "Veteran" means a person who (i) has been a member of the | 24 | | armed forces of the United States or, while a citizen of the | 25 | | United States, was a member of the armed forces of allies of | 26 | | the United States in time of hostilities with a foreign country |
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| 1 | | and (ii) has served under one or more of the following | 2 | | conditions: (a) the veteran served a total of at least 6 | 3 | | months; (b) the veteran served for the duration of hostilities | 4 | | regardless of the length of the engagement; (c) the veteran was | 5 | | discharged on the basis of hardship; or (d) the veteran was | 6 | | released from active duty because of a service connected | 7 | | disability and was discharged under honorable conditions. | 8 | | (f) Certification program. The Illinois Department of | 9 | | Veterans' Affairs and the Department of Central Management | 10 | | Services shall work together to devise a certification | 11 | | procedure to assure that businesses taking advantage of this | 12 | | Section are legitimately classified as qualified | 13 | | service-disabled veteran-owned small businesses or qualified | 14 | | veteran-owned small businesses.
| 15 | | (g) Penalties. | 16 | | (1) Administrative penalties. The chief procurement | 17 | | officers appointed pursuant to Section 10-20 shall suspend | 18 | | any person who commits a violation of Section 17-10.3 or | 19 | | subsection (d) of Section 33E-6 of the Criminal Code of | 20 | | 2012 relating to this Section from bidding on, or | 21 | | participating as a contractor, subcontractor, or supplier | 22 | | in, any State contract or project for a period of not less | 23 | | than 3 years, and, if the person is certified as a | 24 | | service-disabled veteran-owned small business or a | 25 | | veteran-owned small business, then the Department shall | 26 | | revoke the business's certification for a period of not |
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| 1 | | less than 3 years. An additional or subsequent violation | 2 | | shall extend the periods of suspension and revocation for a | 3 | | period of not less than 5 years. The suspension and | 4 | | revocation shall apply to the principals of the business | 5 | | and any subsequent business formed or financed by, or | 6 | | affiliated with, those principals. | 7 | | (2) Reports of violations. Each State agency shall | 8 | | report any alleged violation of Section 17-10.3 or | 9 | | subsection (d) of Section 33E-6 of the Criminal Code of | 10 | | 2012 relating to this Section to the chief procurement | 11 | | officers appointed pursuant to Section 10-20. The chief | 12 | | procurement officers appointed pursuant to Section 10-20 | 13 | | shall subsequently report all such alleged violations to | 14 | | the Attorney General, who shall determine whether to bring | 15 | | a civil action against any person for the violation. | 16 | | (3) List of suspended persons. The chief procurement | 17 | | officers appointed pursuant to Section 10-20 shall monitor | 18 | | the status of all reported violations of Section 17-10.3 or | 19 | | subsection (d) of Section 33E-6 of the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 relating to this Section | 21 | | and shall maintain and make available to all State agencies | 22 | | a central listing of all persons that committed violations | 23 | | resulting in suspension. | 24 | | (4) Use of suspended persons. During the period of a | 25 | | person's suspension under paragraph (1) of this | 26 | | subsection, a State agency shall not enter into any |
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| 1 | | contract with that person or with any contractor using the | 2 | | services of that person as a subcontractor. | 3 | | (5) Duty to check list. Each State agency shall check | 4 | | the central listing provided by the chief procurement | 5 | | officers appointed pursuant to Section 10-20 under | 6 | | paragraph (3) of this subsection to verify that a person | 7 | | being awarded a contract by that State agency, or to be | 8 | | used as a subcontractor or supplier on a contract being | 9 | | awarded by that State agency, is not under suspension | 10 | | pursuant to paragraph (1) of this subsection. | 11 | | (Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13; | 12 | | 98-307, eff. 8-12-13; 98-1076, eff. 1-1-15 .) | 13 | | (30 ILCS 500/50-2) | 14 | | Sec. 50-2. Continuing disclosure; false certification. | 15 | | Every person that has entered into a multi-year contract and | 16 | | every subcontractor with a multi-year subcontract shall | 17 | | certify, by January July 1 of each fiscal year covered by the | 18 | | contract after the initial fiscal year, to the responsible | 19 | | chief procurement officer whether it continues to satisfy the | 20 | | requirements of this Article pertaining to eligibility for a | 21 | | contract award. If a contractor or subcontractor is not able to | 22 | | truthfully certify that it continues to meet all requirements, | 23 | | it shall provide with its certification a detailed explanation | 24 | | of the circumstances leading to the change in certification | 25 | | status. A contractor or subcontractor that makes a false |
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| 1 | | statement material to any given certification required under | 2 | | this Article is, in addition to any other penalties or | 3 | | consequences prescribed by law, subject to liability under the | 4 | | Illinois False Claims Act for submission of a false claim.
| 5 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 6 | | for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
| 7 | | (30 ILCS 500/50-10)
| 8 | | Sec. 50-10. Felons. | 9 | | (a) Unless otherwise provided, no person
or business | 10 | | convicted of
a felony shall do business with the State of | 11 | | Illinois or any State
agency, or enter into a subcontract, from | 12 | | the date of
conviction until 5 years after the date of | 13 | | completion of the
sentence for that felony, unless no
person | 14 | | held responsible by a prosecutorial office for the facts
upon | 15 | | which the conviction was
based continues to have any | 16 | | involvement with the business. For purposes of this subsection | 17 | | (a), "completion of sentence" means completion of all | 18 | | sentencing related to the felony conviction or admission and | 19 | | includes, but is not limited to, the following: incarceration, | 20 | | mandatory supervised release, probation, work release, house | 21 | | arrest, or commitment to a mental facility.
| 22 | | (b) Every bid or offer submitted to the State, every | 23 | | contract executed by the State, every subcontract subject to | 24 | | Section 20-120 of this Code, and every vendor's submission to a | 25 | | vendor portal shall contain a certification by the bidder, |
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| 1 | | offeror, potential contractor, contractor, or subcontractor, | 2 | | respectively, that the bidder, offeror, potential contractor, | 3 | | contractor, or subcontractor is not barred from being awarded a | 4 | | contract or subcontract under this Section and acknowledges | 5 | | that the chief procurement officer may declare the related | 6 | | contract void if any of the certifications required by this | 7 | | Section are false. If the false certification is made by a | 8 | | subcontractor, then the contractor's submitted bid or offer and | 9 | | the executed contract may not be declared void, unless the | 10 | | contractor refuses to terminate the subcontract upon the | 11 | | State's request after a finding that the subcontract's | 12 | | certification was false. | 13 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 14 | | (30 ILCS 500/50-10.5) | 15 | | Sec. 50-10.5. Prohibited bidders, offerors, potential | 16 | | contractors, and contractors. | 17 | | (a) Unless otherwise provided, no business shall bid, | 18 | | offer, enter into a
contract or subcontract under this Code, or | 19 | | make a submission to a vendor portal if the business or any
| 20 | | officer, director, partner, or other managerial agent of the | 21 | | business has been
convicted of a felony under the | 22 | | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | 23 | | the Illinois Securities Law of 1953 for a
period of 5 years | 24 | | from
the date of conviction. | 25 | | (b) Every bid and offer submitted to the State, every |
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| 1 | | contract executed by the State, every vendor's submission to a | 2 | | vendor portal, and every subcontract subject to Section 20-120 | 3 | | of this Code shall contain
a certification by the bidder, | 4 | | offeror, potential contractor, contractor, or subcontractor, | 5 | | respectively, that the bidder, offeror, potential contractor, | 6 | | contractor, or subcontractor is not barred
from being awarded a | 7 | | contract or subcontract under this Section and
acknowledges | 8 | | that the chief procurement officer shall declare the related | 9 | | contract void
if any of
the certifications completed pursuant | 10 | | to this subsection (b) are false. If the false certification is | 11 | | made by a subcontractor, then the contractor's submitted bid or | 12 | | offer and the executed contract may not be declared void, | 13 | | unless the contractor refuses to terminate the subcontract upon | 14 | | the State's request after a finding that the subcontract's | 15 | | certification was false. | 16 | | (c) If a business is not a natural person, the prohibition | 17 | | in subsection (a)
applies only if: | 18 | | (1) the business itself is convicted of a felony | 19 | | referenced in subsection
(a); or | 20 | | (2) the business is ordered to pay punitive damages | 21 | | based on the
conduct
of any officer, director, partner, or | 22 | | other managerial agent who has been
convicted of a felony | 23 | | referenced in subsection (a). | 24 | | (d) A natural person who is convicted of a felony | 25 | | referenced in subsection
(a) remains subject to Section 50-10. | 26 | | (e) No person or business shall bid, offer, make a |
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| 1 | | submission to a vendor portal, or enter into a contract under | 2 | | this Code if the person or business assisted an employee of the | 3 | | State of Illinois, who, by the nature of his or her duties, has | 4 | | the authority to participate personally and substantially in | 5 | | the decision to award a State contract, by reviewing, drafting, | 6 | | directing, or preparing any invitation for bids, a request for | 7 | | proposal, or request for information or provided similar | 8 | | assistance except as part of a publicly issued opportunity to | 9 | | review drafts of all or part of these documents. | 10 | | This subsection does not prohibit a person or business from | 11 | | submitting a bid or offer or entering into a contract if the | 12 | | person or business: (i) initiates a communication with an | 13 | | employee to provide general information about products, | 14 | | services, or industry best practices , and, if applicable, that | 15 | | communication is documented in accordance with Section 50-39 or | 16 | | (ii) responds to a communication initiated by an employee of | 17 | | the State for the purposes of providing information to evaluate | 18 | | new products, trends, services, or technologies , or (iii) asks | 19 | | for clarification regarding a contract solicitation so long as | 20 | | there is no competitive advantage to the person or business and | 21 | | the question and answer, if material, are posted to the | 22 | | Illinois Procurement Bulletin as an addendum to the contract | 23 | | solicitation . | 24 | | Nothing in this Section prohibits a vendor developing | 25 | | technology, goods, or services from bidding or offering to | 26 | | supply that technology or those goods or services if the |
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| 1 | | subject demonstrated to the State represents industry trends | 2 | | and innovation and is not specifically designed to meet the | 3 | | State's needs. | 4 | | Nothing in this Section prohibits a person performing | 5 | | construction related services from initiating contact with a | 6 | | business that performs construction for the purpose of | 7 | | obtaining market costs or production time to determine the | 8 | | estimated costs to complete the construction project. | 9 | | For purposes of this subsection (e), "business" includes | 10 | | all individuals with whom a business is affiliated, including, | 11 | | but not limited to, any officer, agent, employee, consultant, | 12 | | independent contractor, director, partner, or manager of a | 13 | | business. | 14 | | No person or business shall submit specifications to a | 15 | | State agency unless requested to do so by an employee of the | 16 | | State. No person or business who contracts with a State agency | 17 | | to write specifications for a particular procurement need shall | 18 | | submit a bid or proposal or receive a contract for that | 19 | | procurement need. | 20 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 21 | | (30 ILCS 500/50-40)
| 22 | | Sec. 50-40. Reporting and anticompetitive practices. When, | 23 | | for any reason,
any
vendor, bidder, offeror, potential | 24 | | contractor, contractor, chief procurement officer, State | 25 | | purchasing
officer, designee, elected official, or State
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| 1 | | employee suspects collusion or other anticompetitive practice | 2 | | among any
bidders, offerors, potential contractors, | 3 | | contractors, or employees of the State, a notice
of the | 4 | | relevant facts shall be transmitted to the appropriate | 5 | | Inspector General, the Attorney General and the
chief | 6 | | procurement officer. The reporting requirements shall be | 7 | | conveyed through ethics training under the State Officials and | 8 | | Employees Ethics Act. An employee who knowingly and | 9 | | intentionally violates this Section shall be subject to | 10 | | suspension or discharge.
| 11 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 12 | | (30 ILCS 500/50-45)
| 13 | | Sec. 50-45. Confidentiality. Any chief procurement | 14 | | officer, State
purchasing officer, designee, or executive | 15 | | officer , or State employee
who willfully uses or allows the use | 16 | | of specifications,
competitive solicitation documents, | 17 | | proprietary competitive information,
contracts, or selection | 18 | | information to compromise the fairness or integrity of
the | 19 | | procurement or contract process shall be subject to immediate
| 20 | | dismissal, regardless of the Personnel Code, any contract, or | 21 | | any
collective bargaining agreement, and may in addition be | 22 | | subject to criminal
prosecution.
| 23 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 24 | | (30 ILCS 500/50-39 rep.) |
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| 1 | | Section 15. The Illinois Procurement Code is amended by | 2 | | repealing Section 50-39. | 3 | | Section 20. The Small Business Contracts Act is amended by | 4 | | changing Sections 10 and 20 as follows: | 5 | | (30 ILCS 503/10)
| 6 | | Sec. 10. Award of State contracts. | 7 | | (a) Not less than 10% of the total dollar amount of State | 8 | | contracts shall be established as a goal to be awarded as a | 9 | | contract or subcontract to small businesses. | 10 | | (b) The percentage in subsection (a) relates to the total | 11 | | dollar amount of State contracts during each State fiscal year, | 12 | | calculated by examining independently each type of contract for | 13 | | each State official or agency which lets such contracts.
| 14 | | (Source: P.A. 97-307, eff. 8-11-11.) | 15 | | (30 ILCS 503/20)
| 16 | | Sec. 20. Annual report. Each chief procurement officer | 17 | | shall file no later than November March 1 of each year, an | 18 | | annual report that shall detail the level of achievement toward | 19 | | the goals specified in this Act over the 3 most recent fiscal | 20 | | years. The annual report shall include, but need not be limited | 21 | | to, the following: | 22 | | (1) a summary detailing State appropriations subject | 23 | | to the goals, the actual goals specified, and the goals |
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| 1 | | attained by each State official or agency; | 2 | | (2) a summary of the number of contracts awarded and | 3 | | the average contract amount by each State official or | 4 | | agency; and | 5 | | (3) an analysis of the level of overall goal | 6 | | achievement concerning purchases from small businesses.
| 7 | | (Source: P.A. 97-307, eff. 8-11-11.) | 8 | | Section 25. The Governmental Joint Purchasing Act is | 9 | | amended by changing Section 2 as follows:
| 10 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 11 | | Sec. 2. Joint purchasing authority. | 12 | | (a) Any governmental unit may purchase personal property, | 13 | | supplies
and services jointly with one or more other | 14 | | governmental units. All such joint
purchases shall be by | 15 | | competitive solicitation as provided in Section 4 of this Act.
| 16 | | The provisions of any other acts under which a governmental | 17 | | unit operates which
refer to purchases and procedures in | 18 | | connection therewith shall be superseded
by the provisions of | 19 | | this Act when the governmental units are exercising the
joint | 20 | | powers created by this Act.
| 21 | | (a-5) A chief procurement officer established in Section | 22 | | 10-20 of the Illinois Procurement Code may authorize the | 23 | | purchase of personal property, supplies, and services jointly | 24 | | with a governmental entity of this or another state or with a |
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| 1 | | consortium of governmental entities of one or more other | 2 | | states. Subject to provisions of the joint purchasing | 3 | | solicitation, the appropriate chief procurement officer may | 4 | | designate the resulting contract as available to governmental | 5 | | units in Illinois. The chief procurement officers shall submit | 6 | | to the General Assembly by November 1 of each year a report of | 7 | | procurements made under this subsection (a-5). | 8 | | (a-10) Each chief procurement officer appointed pursuant | 9 | | to Section 10-20 of the Illinois Procurement Code may authorize | 10 | | the purchase or lease of personal property, supplies, and | 11 | | services which have been procured through a competitive process | 12 | | by a federal agency, a consortium of governmental, educational, | 13 | | medical, research, or similar entities, or group purchasing | 14 | | organizations of which the chief procurement officer or State | 15 | | agency is a member or affiliate, including, without limitation, | 16 | | any purchasing entity operating under the federal General | 17 | | Service Administration, the federal Higher Education | 18 | | Cooperative Act, and the Midwestern Higher Education | 19 | | Cooperation Act. A chief procurement officer may authorize | 20 | | purchases and contracts established by other means if the chief | 21 | | procurement officer determines it is in the best interests of | 22 | | the State. Each chief procurement officer may establish | 23 | | detailed rules and policies and procedures for use of these | 24 | | cooperative solicitations and contracts, including, without | 25 | | limitation, that the State agency make a determination that the | 26 | | award or contract is in the best interest of the State and that |
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| 1 | | the contract include provisions required by Illinois law. | 2 | | Notice of awards or contracts shall be published by the chief | 3 | | procurement officer in the Illinois Procurement Bulletin at | 4 | | least 14 days prior to use of the award or contract. Each chief | 5 | | procurement officer shall submit to the General Assembly by | 6 | | November 1 of each year a report of procurements made under | 7 | | this subsection (a-10). | 8 | | (b) Any not-for-profit agency that qualifies under Section | 9 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 10 | | pursuant to a board
established by or controlled by a unit of | 11 | | local government or (2) receives
grant funds from the State or | 12 | | from a unit of local government, shall be
eligible to | 13 | | participate in contracts established by the State.
| 14 | | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| 15 | | Section 30. The Illinois Human Rights Act is amended by | 16 | | changing Section 2-101 as follows:
| 17 | | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| 18 | | Sec. 2-101. Definitions. The following definitions are | 19 | | applicable
strictly in the context of this Article.
| 20 | | (A) Employee.
| 21 | | (1) "Employee" includes:
| 22 | | (a) Any individual performing services for | 23 | | remuneration within this
State for an employer;
| 24 | | (b) An apprentice;
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| 1 | | (c) An applicant for any apprenticeship.
| 2 | | For purposes of subsection (D) of Section 2-102 of this | 3 | | Act, "employee" also includes an unpaid intern. An unpaid | 4 | | intern is a person who performs work for an employer under | 5 | | the following circumstances: | 6 | | (i) the employer is not committed to hiring the | 7 | | person performing the work at the conclusion of the | 8 | | intern's tenure; | 9 | | (ii) the employer and the person performing the | 10 | | work agree that the person is not entitled to wages for | 11 | | the work performed; and | 12 | | (iii) the work performed: | 13 | | (I) supplements training given in an | 14 | | educational environment that may enhance the | 15 | | employability of the intern; | 16 | | (II) provides experience for the benefit of | 17 | | the person performing the work; | 18 | | (III) does not displace regular employees; | 19 | | (IV) is performed under the close supervision | 20 | | of existing staff; and | 21 | | (V) provides no immediate advantage to the | 22 | | employer providing the training and may
| 23 | | occasionally impede the operations of the | 24 | | employer. | 25 | | (2) "Employee" does not include:
| 26 | | (a) Domestic servants in private homes;
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| 1 | | (b) Individuals employed by persons who are not | 2 | | "employers" as
defined by this Act;
| 3 | | (c) Elected public officials or the members of | 4 | | their immediate
personal staffs;
| 5 | | (d) Principal administrative officers of the State | 6 | | or of any
political subdivision, municipal corporation | 7 | | or other governmental unit
or agency;
| 8 | | (e) A person in a vocational rehabilitation | 9 | | facility certified under
federal law who has been | 10 | | designated an evaluee, trainee, or work
activity | 11 | | client.
| 12 | | (B) Employer.
| 13 | | (1) "Employer" includes:
| 14 | | (a) Any person employing 15 or more employees | 15 | | within Illinois during
20 or more calendar weeks within | 16 | | the calendar year of or preceding the alleged
| 17 | | violation;
| 18 | | (b) Any person employing one or more employees when | 19 | | a complainant
alleges civil rights violation due to | 20 | | unlawful discrimination based
upon his or her physical | 21 | | or mental disability unrelated to ability, pregnancy, | 22 | | or
sexual harassment;
| 23 | | (c) The State and any political subdivision, | 24 | | municipal corporation
or other governmental unit or | 25 | | agency, without regard to the number of
employees;
| 26 | | (d) Any party to a public contract without regard |
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| 1 | | to the number of
employees;
| 2 | | (e) A joint apprenticeship or training committee | 3 | | without regard to the
number of employees.
| 4 | | (2) "Employer" does not include any religious | 5 | | corporation,
association, educational institution, | 6 | | society, or non-profit nursing
institution conducted by | 7 | | and for those who rely upon treatment by prayer
through | 8 | | spiritual means in accordance with the tenets of a | 9 | | recognized
church or religious denomination with respect | 10 | | to the employment of
individuals of a particular religion | 11 | | to perform work connected with the
carrying on by such | 12 | | corporation, association, educational institution,
society | 13 | | or non-profit nursing institution of its activities.
| 14 | | (C) Employment Agency. "Employment Agency" includes both | 15 | | public and
private employment agencies and any person, labor | 16 | | organization, or labor
union having a hiring hall or hiring | 17 | | office regularly undertaking, with
or without compensation, to | 18 | | procure opportunities to work, or to
procure, recruit, refer or | 19 | | place employees.
| 20 | | (D) Labor Organization. "Labor Organization" includes any
| 21 | | organization, labor union, craft union, or any voluntary | 22 | | unincorporated
association designed to further the cause of the | 23 | | rights of union labor
which is constituted for the purpose, in | 24 | | whole or in part, of collective
bargaining or of dealing with | 25 | | employers concerning grievances, terms or
conditions of | 26 | | employment, or apprenticeships or applications for
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| 1 | | apprenticeships, or of other mutual aid or protection in | 2 | | connection with
employment, including apprenticeships or | 3 | | applications for apprenticeships.
| 4 | | (E) Sexual Harassment. "Sexual harassment" means any | 5 | | unwelcome sexual
advances or requests for sexual favors or any | 6 | | conduct of a sexual nature
when (1) submission to such conduct | 7 | | is made either explicitly or implicitly
a term or condition of | 8 | | an individual's employment, (2) submission to or
rejection of | 9 | | such conduct by an individual is used as the basis for
| 10 | | employment decisions affecting such individual, or (3) such | 11 | | conduct has the
purpose or effect of substantially interfering | 12 | | with an individual's work
performance or creating an | 13 | | intimidating, hostile or offensive working
environment.
| 14 | | (F) Religion. "Religion" with respect to employers | 15 | | includes all
aspects of religious observance and practice, as | 16 | | well as belief, unless an
employer demonstrates that he is | 17 | | unable to reasonably accommodate an
employee's or prospective | 18 | | employee's religious observance or practice
without undue | 19 | | hardship on the conduct of the employer's business.
| 20 | | (G) Public Employer. "Public employer" means the State, an | 21 | | agency or
department thereof, unit of local government, school | 22 | | district,
instrumentality or political subdivision.
| 23 | | (H) Public Employee. "Public employee" means an employee of | 24 | | the State,
agency or department thereof, unit of local | 25 | | government, school district,
instrumentality or political | 26 | | subdivision. "Public employee" does not include
public |
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| 1 | | officers or employees of the General Assembly or agencies | 2 | | thereof.
| 3 | | (I) Public Officer. "Public officer" means a person who is | 4 | | elected to
office pursuant to the Constitution or a statute or | 5 | | ordinance, or who is
appointed to an office which is | 6 | | established, and the qualifications and
duties of which are | 7 | | prescribed, by the Constitution or a statute or
ordinance, to | 8 | | discharge a public duty for the State, agency or department
| 9 | | thereof, unit of local government, school district, | 10 | | instrumentality or
political subdivision.
| 11 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 12 | | prior to contract award a
bid opening , has filed with the | 13 | | Department a properly completed, sworn and
currently valid | 14 | | employer report form, pursuant to the Department's | 15 | | regulations.
The provisions of this Article relating to | 16 | | eligible bidders apply only
to bids on contracts with the State | 17 | | and its departments, agencies, boards,
and commissions, and the | 18 | | provisions do not apply to bids on contracts with
units of | 19 | | local government or school districts.
| 20 | | (K) Citizenship Status. "Citizenship status" means the | 21 | | status of being:
| 22 | | (1) a born U.S. citizen;
| 23 | | (2) a naturalized U.S. citizen;
| 24 | | (3) a U.S. national; or
| 25 | | (4) a person born outside the United States and not a | 26 | | U.S. citizen who
is not an unauthorized alien and who is |
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| 1 | | protected from discrimination under
the provisions of | 2 | | Section 1324b of Title 8 of the United States Code, as
now | 3 | | or hereafter amended.
| 4 | | (Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15; | 5 | | 99-78, eff. 7-20-15.)
| 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect July 1, | 14 | | 2016.".
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