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90_HB0497
NEW ACT
SEE INDEX
Creates the Illinois Procurement Code. Amends the
Governmental Joint Purchasing Act and repeals various Acts
and Sections of Acts governing State purchasing. Provides
for the purchasing of supplies, services, and construction
and the leasing of real property and capital improvements by
the State. Establishes a Procurement Policy Board appointed
by the Governor to develop procurement policies and rules to
be implemented by a Chief Procurement Officer appointed by
the Board. Grants general procurement authority to 16 State
purchasing officers appointed by State officers of the
executive, legislative, and judicial branches and the
governing boards of State colleges and universities. Permits
delegation of procurement authority under certain
circumstances. Grants procurement authority for professional
or artistic services to individual State entities. Grants
procurement authority for construction to the Capital
Development Board, the Department of Transportation, the
Illinois Toll Highway Authority, and agencies otherwise
authorized to enter construction contracts. Makes
competitive sealed bidding the required method of source
selection, with exceptions for procurements of a small,
emergency, or sole source nature or as permitted by rule of
the Procurement Policy Board. Requires publication of an
Illinois Procurement Bulletin. Provides for procurement
preferences, contract requirements, auditing, prohibitions,
and penalties. Effective immediately.
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1 AN ACT to create the Illinois Procurement Code, and to
2 amend and repeal certain named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. Short title. This Act may be cited as the
8 Illinois Procurement Code.
9 Section 1-5. Public policy. It is the purpose of this
10 Code and is declared to be the policy of the State that the
11 principles of competitive bidding and economical procurement
12 practices shall be applicable to all purchases and contracts
13 by or for any State agency.
14 Section 1-10. Application. This Code applies only to
15 contracts entered into after the effective date of this Code
16 unless the parties agree to its application to a contract
17 entered into before the effective date.
18 Section 1-15. Definitions. For the purposes of this
19 Code, the words set forth in the following Sections of this
20 Article have the meanings set forth in those Sections.
21 Section 1-15.05. Board. "Board" means the Procurement
22 Policy Board.
23 Section 1-15.10. Business. "Business" means any
24 corporation, partnership, individual, sole proprietorship,
25 joint stock company, joint venture, or other private legal
26 entity.
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1 Section 1-15.15. Chief Procurement Officer. "Chief
2 Procurement Officer" means that person designated as such by
3 the Procurement Policy Board.
4 Section 1-15.20. Construction. "Construction" means
5 building, altering, repairing, improving, or demolishing any
6 public structure or building, or making improvements of any
7 kind to public real property. Construction does not include
8 the routine operation, routine repair, or routine maintenance
9 of existing structures, buildings, or real property.
10 Section 1-15.25. Construction agency. "Construction
11 agency" means the Capital Development Board for construction
12 or remodeling of State-owned facilities; the Illinois
13 Department of Transportation for construction or maintenance
14 of roads, highways, bridges, and airports; the Illinois Toll
15 Highway Authority for construction or maintenance of toll
16 highways; and any other State agency entering into
17 construction contracts as authorized by law or by delegation
18 from the Procurement Policy Board.
19 Section 1-15.30. Contract. "Contract" means all types
20 of State agreements, regardless of what they may be called,
21 for the procurement, use, or disposal of supplies, services,
22 professional or artistic services, construction, or real
23 property or capital improvement leases, and including master
24 contracts and contracts for financing through use of
25 installment or lease-purchase arrangements.
26 Section 1-15.35. Cost-reimbursement contract.
27 "Cost-reimbursement contract" means a contract under which a
28 contractor is reimbursed for costs that are allowable and
29 allocable in accordance with the contract terms and the
30 provisions of this Code, and a fee, if any.
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1 Section 1-15.40. Council. "Council" means the
2 Procurement Advisory Council.
3 Section 1-15.45. Invitation for bids. "Invitation for
4 bids" means the process by which a purchasing agency requests
5 information from bidders, including all documents, whether
6 attached or incorporated by reference, used for soliciting
7 bids.
8 Section 1-15.50. Negotiation. "Negotiation" means the
9 process of selecting a contractor other than by competitive
10 sealed bids, multi-step sealed bidding, or competitive sealed
11 proposals, whereby a purchasing agency can establish any and
12 all terms and conditions of a procurement contract by
13 discussion with one or more prospective contractors.
14 Section 1-15.55. Person. "Person" means any business,
15 public or private corporation, partnership, individual,
16 union, committee, club, unincorporated association or other
17 organization or group of individuals, or other legal entity.
18 Section 1-15.60. Professional and artistic services.
19 "Professional and artistic services" means those services
20 provided under contract to a State agency by a person or
21 business, acting as an independent contractor, qualified by
22 education, experience, and technical ability to advise and
23 assist in solving specific management and programmatic
24 problems involving the organization, planning, direction,
25 control, and operation of State agencies.
26 Section 1-15.65. Purchase description. "Purchase
27 description" means the words used in a solicitation to
28 describe the supplies, services, professional or artistic
29 services, construction, or real property or capital
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1 improvements to be procured or leased and includes
2 specifications attached to or made a part of the
3 solicitation.
4 Section 1-15.70. Purchasing agency. "Purchasing agency"
5 means a State agency that is authorized by this Code, by its
6 implementing rules, or by authorized delegation of a State
7 purchasing officer to enter into contracts.
8 Section 1-15.75. Request for proposals. "Request for
9 proposals" means the process by which a purchasing agency
10 requests information from offerors, including all documents,
11 whether attached or incorporated by reference, used for
12 soliciting proposals.
13 Section 1-15.80. Responsible bidder or offeror.
14 "Responsible bidder or offeror" means a person who has the
15 capability in all respects to perform fully the contract
16 requirements and the integrity and reliability that will
17 assure good faith performance.
18 Section 1-15.85. Responsive bidder. "Responsive bidder"
19 means a person who has submitted a bid that conforms in all
20 material respects to the invitation for bids.
21 Section 1-15.90. Services. "Services" means the
22 furnishing of labor, time, or effort by a contractor, not
23 involving the delivery of a specific end product other than
24 reports or supplies that are incidental to the required
25 performance.
26 Section 1-15.95. Specifications. "Specifications" means
27 any description, provision, or requirement pertaining to the
28 physical or functional characteristics or of the nature of a
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1 supply, service, or other item to be procured under a
2 contract. Specifications may include a description of any
3 requirement for inspecting, testing, or preparing a supply,
4 service, professional or artistic service, construction, or
5 other item for delivery.
6 Section 1-15.100. State agency. "State agency" means
7 all officers, boards, commissions, and agencies created by
8 the Constitution, whether in the executive, legislative, or
9 judicial branch, but other than the circuit court; all
10 officers, departments, boards, commissions, agencies,
11 institutions, authorities, universities, bodies politic and
12 corporate of the State; and administrative units or corporate
13 outgrowths of the State government that are created by or in
14 accordance with statute, other than units of local government
15 and their officers, school districts, and boards of election
16 commissioners; and all administrative units and corporate
17 outgrowths of State agencies and as may be created by
18 executive order of the Governor. "State agency" does not
19 include the Illinois Comprehensive Health Insurance Board.
20 Section 1-15.105. State purchasing officer. "State
21 purchasing officer" means a person appointed as provided in
22 Article 10 to exercise the procurement authority created by
23 this Code.
24 Section 1-15.110. Supplies. "Supplies" means all
25 personal property, including but not limited to equipment,
26 materials, printing, and insurance, and the financing of
27 those supplies.
28 Section 1-15.115. Using agency. "Using agency" means a
29 State agency that uses items procured under this Code.
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1 ARTICLE 5
2 POLICY ORGANIZATION
3 Section 5-5. Procurement Policy Board.
4 (a) Creation. There is created a Procurement Policy
5 Board.
6 (b) Authority and duties. The Board shall have the
7 authority and responsibility to promulgate rules, consistent
8 with this Code, governing the procurement, management,
9 control, and disposal of supplies, services, professional or
10 artistic services, construction, and real property and
11 capital improvement leases procured by the State. The Board
12 shall consider and decide matters of policy within the
13 provisions of this Code. The Board shall have the power to
14 audit and monitor the implementation of its rules and the
15 requirements of this Code but shall not exercise authority
16 over the award or administration of any particular contract
17 or over any dispute, claim, or litigation pertaining to a
18 particular contract.
19 (c) Members. The Board shall consist of 5 members
20 appointed by the Governor and confirmed by the Senate. No
21 more than 3 members may be of the same political party. Each
22 member shall have demonstrated sufficient business or
23 professional experience in the area of procurement to perform
24 the functions of the Board.
25 (d) Terms. Of the initial appointees, the Governor
26 shall designate one member to serve a one-year term, 2
27 members to serve 2-year terms, and 2 members to serve 3-year
28 terms. Subsequent terms shall be 4 years. Members may be
29 reappointed for succeeding terms.
30 (e) Reimbursement. Members shall receive no
31 compensation but shall be reimbursed for any expenses
32 reasonably incurred in the performance of their duties.
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1 Section 5-10. Chief Procurement Officer.
2 (a) Creation. There is created the Office of the Chief
3 Procurement Officer.
4 (b) Authority and duties. The Chief Procurement Officer
5 shall be responsible for overseeing implementation of the
6 Board's rules and policies and shall be appointed by a
7 majority vote of the Board. The Chief Procurement Officer
8 may be removed at the discretion of the Board.
9 (c) Compensation. The Chief Procurement Officer shall
10 be a full-time position compensated in an amount determined
11 by the Board. A member of the Board may not serve as Chief
12 Procurement Officer.
13 Section 5-15. Procurement Advisory Council.
14 (a) Creation. There is created the Procurement Advisory
15 Council. The Council shall consist of the Chief Procurement
16 Officer and the 16 State purchasing officers appointed as
17 provided in Article 10. The Chief Procurement Officer shall
18 act as chair of the Council.
19 (b) Purposes. The Council shall:
20 (1) advise the Board on procurement policies;
21 (2) coordinate purchases of the same item by more
22 than one purchasing agency to obtain volume discounts;
23 (3) recommend specific State purchasing officers or
24 State agencies as responsible for certain categories of
25 purchases; and
26 (4) assist State purchasing officers and State
27 agencies in planning, purchasing, installing, and using
28 certain technology, including telecommunications systems.
29 Section 5-20. Joint Purchasing Program Advisory Council.
30 There is created a Joint Purchasing Program Advisory Council.
31 Members of the Joint Purchasing Program Advisory Council
32 shall be appointed by the Board and shall consist of
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1 representatives of local governmental units and
2 representatives of the Procurement Advisory Council. The
3 Joint Purchasing Program Advisory Council shall advise and
4 consult with the Board on the scope and nature of joint
5 governmental purchasing.
6 Section 5-25. Rulemaking authority. A State agency
7 authorized to make procurements under this Code shall have
8 the authority to promulgate rules to carry out that
9 authority. All rules shall be promulgated in accordance with
10 the Illinois Administrative Procedure Act and shall be
11 subject to the approval of the Board.
12 ARTICLE 10
13 PROCUREMENT ORGANIZATION
14 Section 10-5. Exercise of procurement authority. The
15 State purchasing officers appointed by their respective State
16 officers or State agencies shall exercise the procurement
17 authority created by this Code except as otherwise provided
18 in this Code.
19 Section 10-10. Appointment of State purchasing officers.
20 (a) General appointments. The following State officers
21 shall each appoint a State purchasing officer to exercise
22 within his or her jurisdiction the procurement authority
23 created by this Code:
24 (1) Director of Central Management Services.
25 (2) Attorney General.
26 (3) Comptroller.
27 (4) Secretary of State.
28 (5) Treasurer.
29 (6) Auditor General.
30 (7) Supreme Court.
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1 (8) Speaker of the House of Representatives.
2 (9) President of the Senate.
3 (10) Minority leader of the House of
4 Representatives.
5 (11) Minority leader of the Senate.
6 (12) Chair of the Joint Committee on Legislative
7 Support Services.
8 (13) Board of Trustees of the University of
9 Illinois.
10 (14) Board of Trustees of Southern Illinois
11 University.
12 (15) Board of Governors of State Colleges and
13 Universities.
14 (16) Board of Regents of Regency Universities.
15 (b) Legislative support services agencies. The State
16 purchasing officer appointed under subsection (a) by the
17 chair of the Joint Committee on Legislative Support Services
18 shall serve as the State purchasing officer for the
19 legislative support services agencies during the term of the
20 chair.
21 (c) Central Management Services. The State purchasing
22 officer appointed under subsection (a) by the Director of
23 Central Management Services shall serve as the State
24 purchasing officer for all State agencies under the
25 jurisdiction of the Governor or Lieutenant Governor and all
26 State agencies outside the jurisdiction of any other State
27 purchasing officer.
28 Section 10-15. Delegation of authority. A State
29 purchasing officer may delegate procurement powers and duties
30 to any State agency under that officer's jurisdiction as
31 authorized by the Board.
32 ARTICLE 15
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1 PROCUREMENT BULLETIN
2 Section 15-5. Publisher. The Board shall designate a
3 State agency responsible for publishing the Illinois
4 Procurement Bulletin.
5 Section 15-10. Contents. The Illinois Procurement
6 Bulletin shall contain notices and other information required
7 by this Code or by rules promulgated under this Code to be
8 published in the Illinois Procurement Bulletin. Each issue
9 shall include a comprehensive index of its contents. A
10 purchasing agency may also choose, as applicable and in
11 accordance with rules of the Board, to place notices in the
12 official State newspaper or a newspaper circulating in a
13 locality relevant to the specified procurement.
14 Section 15-15. Publication. The Illinois Procurement
15 Bulletin shall be published at least twice monthly. It shall
16 be available through subscription for a minimal fee not
17 exceeding publication and distribution costs. The Illinois
18 Procurement Bulletin shall be distributed free to public
19 libraries within Illinois.
20 Section 15-20. Qualified bidders. Subscription to the
21 Illinois Procurement Bulletin shall not be required to
22 qualify as a bidder or offeror under this Code.
23 ARTICLE 20
24 SOURCE SELECTION AND CONTRACT FORMATION
25 Section 20-5. Method of source selection. Unless
26 otherwise authorized by law, all State contracts shall be
27 awarded by competitive sealed bidding, in accordance with
28 Section 20-10, except as provided in Sections 20-15, 20-20,
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1 20-25, 20-30, 20-35, 30-15, and 40-20.
2 Section 20-10. Competitive sealed bidding.
3 (a) Conditions for use. All contracts shall be awarded
4 by competitive sealed bidding except as otherwise provided in
5 Section 20-5.
6 (b) Invitation for bids. An invitation for bids shall
7 be issued and shall include a purchase description and the
8 material contractual terms and conditions applicable to the
9 procurement.
10 (c) Public notice. Public notice of the invitation for
11 bids shall be published in the Illinois Procurement Bulletin
12 at least 2 weeks before the date set in the invitation for
13 the opening of bids.
14 (d) Bid opening. Bids shall be opened publicly in the
15 presence of one or more witnesses at the time and place
16 designated in the invitation for bids. The name of each
17 bidder, the amount of each bid, and other relevant
18 information as may be specified by rule of the Board shall be
19 recorded. After the award of the contract, each bid and the
20 record of each bid shall be open to public inspection.
21 (e) Bid acceptance and bid evaluation. Bids shall be
22 unconditionally accepted without alteration or correction,
23 except as authorized in this Code. Bids shall be evaluated
24 based on the requirements set forth in the invitation for
25 bids, which may include criteria to determine acceptability
26 such as inspection, testing, quality, workmanship, delivery,
27 and suitability for a particular purpose. Those criteria
28 that will affect the bid price and be considered in
29 evaluation for award, such as discounts, transportation
30 costs, and total or life cycle costs, shall be objectively
31 measurable. The invitation for bids shall set forth the
32 evaluation criteria to be used. Only criteria set forth in
33 the invitation for bids may be used in the bid evaluation.
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1 (f) Correction or withdrawal of bids. Correction or
2 withdrawal of inadvertently erroneous bids before or after
3 award, or cancellation of awards of contracts based on bid
4 mistakes, shall be permitted in accordance with rules of the
5 Board. After bid opening, no changes in bid prices or other
6 provisions of bids prejudicial to the interest of the State
7 or fair competition shall be permitted. All decisions to
8 permit the correction or withdrawal of bids based on bid
9 mistakes shall be supported by written determination made by
10 a purchasing agency.
11 (g) Award. The contract shall be awarded with
12 reasonable promptness by written notice to the lowest
13 responsible and responsive bidder whose bid meets the
14 requirements and criteria set forth in the invitation for
15 bids.
16 (h) Multi-step sealed bidding. When it is considered
17 impracticable to initially prepare a purchase description to
18 support an award based on price, an invitation for bids may
19 be issued requesting the submission of unpriced offers to be
20 followed by an invitation for bids limited to those bidders
21 whose offers have been qualified under the criteria set forth
22 in the first solicitation.
23 Section 20-15. Competitive sealed proposals.
24 (a) Conditions for use. When, under this Code or under
25 rules promulgated by the Board, the purchasing agency
26 determines in writing that the use of competitive sealed
27 bidding is either not practicable or not advantageous to the
28 State, a contract may be entered into by competitive sealed
29 proposals. The Board may provide by rule that it is either
30 not practicable or not advantageous to the State to procure
31 specified types of supplies, services, or construction by
32 competitive sealed bidding.
33 (b) Request for proposals. Proposals shall be solicited
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1 through a request for proposals.
2 (c) Public notice. Public notice of the request for
3 proposals shall be published in the Illinois Procurement
4 Bulletin at least 2 weeks before the date set in the
5 invitation for the opening of proposals.
6 (d) Receipt of proposals. Proposals shall be opened
7 publicly in the presence of one or more witnesses at the time
8 and place designated in the request for proposals, but
9 proposals shall be opened in a manner to avoid disclosure of
10 contents to competing offerors during the process of
11 negotiation. A register of proposals shall be prepared and
12 shall be open for public inspection after contract award.
13 (e) Evaluation factors. The requests for proposals
14 shall state the relative importance of price and other
15 evaluation factors. Proposals shall be submitted in 2 parts:
16 the first, covering items except price; and the second,
17 covering price. The first part of all proposals shall be
18 evaluated and ranked prior to the opening of the second part
19 of all proposals.
20 (f) Discussion with responsible offerors and revisions
21 of proposals. As provided in the request for proposals and
22 under rules of the Board, discussions may be conducted with
23 responsible offerors who submit proposals determined to be
24 reasonably susceptible of being selected for award for the
25 purpose of clarifying and assuring full understanding of and
26 responsiveness to the solicitation requirements. Those
27 offerors shall be accorded fair and equal treatment with
28 respect to any opportunity for discussion and revision of
29 proposals. Revisions may be permitted after submission and
30 before award for the purpose of obtaining best and final
31 offers. In conducting discussions there shall be no
32 disclosure of any information derived from proposals
33 submitted by competing offerors.
34 (g) Award. Awards shall be made to the responsible
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1 offeror whose proposal is determined in writing to be the
2 most advantageous to the State, taking into consideration
3 price and the evaluation factors set forth in the request for
4 proposals. No other factors or criteria shall be used in the
5 evaluation. The contract file shall contain the basis on
6 which the award is made.
7 Section 20-20. Small purchases.
8 (a) Amount. Any individual procurement of supplies or
9 services other than professional or artistic services, not
10 exceeding $10,000 and any procurement of construction not
11 exceeding $25,000 may be made without competitive sealed
12 bidding. Procurements shall not be artificially divided so
13 as to constitute a small purchase under this Section.
14 (b) Adjustment. Each July 1, the small purchase maximum
15 established in subsection (a) shall be adjusted for inflation
16 as determined by the Consumer Price Index for All Urban
17 Consumers as determined by the United States Department of
18 Labor and rounded to the nearest $100.
19 Section 20-25. Sole source procurements. In accordance
20 with standards set by the Board, contracts may be awarded
21 without use of the specified method of source selection when
22 there is only one economically feasible source for the item.
23 At least 2 weeks before entering into a sole source contract,
24 the purchasing agency shall publish in the Illinois
25 Procurement Bulletin a notice of intent to do so along with a
26 description of the item to be procured and the intended sole
27 source contractor.
28 Section 20-30. Emergency purchases.
29 (a) Conditions for use. In accordance with standards
30 set by the Board, a purchasing agency may make emergency
31 procurements without competitive sealed bidding or prior
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1 notice when there exists a threat to public health or public
2 safety, or when immediate expenditure is necessary for
3 repairs to State property in order to protect against further
4 loss of or damage to State property, to prevent or minimize
5 serious disruption in State services, or to ensure the
6 integrity of State records. Emergency procurements shall be
7 made with as much competition as is practicable under the
8 circumstances and as required by the rule of the Board. A
9 written description of the basis for the emergency and
10 reasons for the selection of the particular contractor shall
11 be included in the contract file.
12 (b) Notice. Before the 10th of each month, the
13 purchasing agency shall publish in the Illinois Procurement
14 Bulletin a copy of each written description and reasons and
15 the total cost of each emergency procurement made during the
16 previous month. When only an estimate of the total cost is
17 known at the time of publication, the estimate shall be
18 identified as an estimate and published. When the actual
19 total cost is determined, it shall also be published in like
20 manner before the 10th day of the next succeeding month.
21 (c) Affidavits. A purchasing agency making a
22 procurement under this Section shall file affidavits with
23 the Board and the Auditor General within 10 days after the
24 procurement setting forth the amount expended, the name of
25 the contractor involved, and the conditions and circumstances
26 requiring the emergency procurement. When only an estimate
27 of the cost is available within 10 days after the
28 procurement, the actual cost shall be reported immediately
29 after it is determined. At the end of each fiscal quarter,
30 the Auditor General shall file with the Legislative Audit
31 Commission and the Governor a complete listing of all
32 emergency procurements reported during that fiscal quarter.
33 The Legislative Audit Commission shall review the emergency
34 procurements so reported and, in its annual reports, advise
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1 the General Assembly of procurements that appear to
2 constitute an abuse of this Section.
3 (d) Quick purchases. The Board may promulgate policies
4 extending the circumstances by which a purchasing agency may
5 make purchases under this Section, including but not limited
6 to the procurement of items available at a discount for a
7 limited period of time.
8 Section 20-35. Competitive selection procedures.
9 (a) Conditions for use. The services specified in
10 Article 35 shall be procured in accordance with this Section,
11 except as authorized under Sections 20-25 and 20-30 of this
12 Article or as authorized by the Board in accordance with the
13 provisions of this Code.
14 (b) Statement of qualifications. Potential contractors
15 may submit statements of qualifications and expressions of
16 interest. The Board may specify a uniform format for
17 statements of qualifications. Persons may amend these
18 statements at any time by filing a new statement.
19 (c) Public announcement and form of request for
20 proposals. Public notice of the need for the procurement
21 shall be given in the form of a request for proposals and
22 published in the Illinois Procurement Bulletin at least 2
23 weeks before the date set in the request for proposals for
24 the opening of proposals. The request for proposals shall
25 describe the professional or artistic services required, list
26 the type of information and data required of each offeror,
27 and state the relative importance of particular
28 qualifications.
29 (d) Discussions. The purchasing agency may conduct
30 discussions with any offeror who has submitted a proposal to
31 determine the offeror's qualifications for further
32 consideration. Discussions shall not disclose any
33 information derived from proposals submitted by other
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1 offerors.
2 (e) Award. Award shall be made to the offeror
3 determined in writing by the purchasing agency to be best
4 qualified based on the evaluation factors set forth in the
5 request for proposals and negotiation of compensation
6 determined to be fair and reasonable. If compensation cannot
7 be agreed upon with the best qualified offeror, then
8 negotiations shall be formally terminated with the selected
9 offeror. If proposals were submitted by one or more other
10 offerors determined to be qualified, negotiations may be
11 conducted with the other offeror or offerors, in the order of
12 their respective qualification ranking. The contract may be
13 awarded to the offeror then ranked as best qualified if the
14 amount of compensation is determined to be fair and
15 reasonable.
16 Section 20-40. Cancellation of invitations for bids or
17 requests for proposals. An invitation for bids, a request
18 for proposals, or any other solicitation may be cancelled, or
19 any and all bids or proposals may be rejected in whole or in
20 part as may be specified in the solicitation, when it is in
21 the best interests of the State in accordance with rules
22 promulgated by the Board. The reasons for cancellation or
23 rejection shall be made part of the contract file.
24 Section 20-45. Prequalification of suppliers. The Board
25 shall promulgate rules for the development of prequalified
26 supplier lists for appropriate categories of purchases and
27 the periodic updating of those lists.
28 Section 20-50. Specifications. Specifications shall be
29 prepared in accordance with standards promulgated by the
30 Board. Those standards shall include a prohibition against
31 the use of brand-name products except under specified
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1 circumstances and a restriction on the use of specifications
2 drafted by a potential bidder. All specifications shall seek
3 to promote overall economy for the purposes intended and
4 encourage competition in satisfying the State's needs and
5 shall not be unduly restrictive.
6 Section 20-55. Types of contracts. Subject to the
7 limitations of this Section and unless otherwise authorized
8 by law, any type of contract that will promote the best
9 interests of the State may be used, except that
10 cost-plus-a-percentage-of-cost contracts are prohibited. A
11 cost-reimbursement contract may be used only when a
12 determination is made in writing that a cost-reimbursement
13 contract is likely to be less costly to the State than any
14 other type or that it is impracticable to obtain the item
15 required except under that type of contract. The general
16 form of contracts shall be specified by the Comptroller.
17 Section 20-60. Duration of contracts.
18 (a) Maximum duration. A contract may be entered into
19 for any period of time deemed by the Board to be in the best
20 interests of the State but not exceeding 10 years. The
21 length of a lease for real property or capital improvements
22 may be in accordance with the provisions of Section 40-25.
23 (b) Renewal. The Board may develop rules permitting
24 renewal of contracts without additional competitive
25 procedures when that renewal is permitted by the terms of the
26 initial contract and is in the best interests of the State.
27 (c) Subject to appropriation. All contracts made or
28 entered into shall recite that they are subject to
29 termination and cancellation in any year for which the
30 General Assembly fails to make an appropriation to make
31 payments under the terms of the contract.
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1 Section 20-65. Right to audit records.
2 (a) Maintenance of books and records. Every contract
3 and subcontract shall require the contractor or
4 subcontractor, as applicable, to maintain books and records
5 relating to the performance of the contract or subcontract
6 and necessary to support amounts charged to the State under
7 the contract or subcontract. The books and records shall be
8 maintained by the contractor for a period of 3 years from the
9 later of the date of final payment under the contract or
10 completion of the contract and by the subcontractor for a
11 period of 3 years from the later of the date of final payment
12 under the subcontract or completion of the subcontract.
13 However, the 3-year period shall be extended for the duration
14 of any audit in progress at the time of that period's
15 expiration.
16 (b) Audit. Every contract and subcontract shall provide
17 that all books and records required to be maintained under
18 subsection (a) shall be available for review and audit by the
19 Auditor General and the purchasing agency. Every contract
20 and subcontract shall require the contractor and
21 subcontractor, as applicable, to cooperate fully with any
22 audit.
23 (c) Failure to maintain books and records. Failure to
24 maintain the books and records required by this Section shall
25 establish a presumption in favor of the State for the
26 recovery of any funds paid by the State for which required
27 books and records are not available.
28 Section 20-70. Finality of determinations.
29 Determinations made by a purchasing agency under this Code
30 are final and conclusive unless they are clearly erroneous,
31 arbitrary, capricious, or contrary to law.
32 Section 20-75. Disputes and protests. The Board shall
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1 by rule establish procedures to be followed by purchasing
2 agencies in resolving protested solicitations and awards and
3 contract controversies, for debarment or suspension of
4 contractors, and for resolving other procurement-related
5 disputes.
6 Section 20-80. Contract files.
7 (a) Written determinations. All written determinations
8 required under this Article shall be placed in the contract
9 file maintained by the purchasing agency.
10 (b) Filing with Comptroller. Whenever a contract
11 liability, except for:
12 (1) contracts paid from personal services, or
13 (2) contracts between the State and its employees
14 to defer compensation in accordance with Article 24 of
15 the Illinois Pension Code
16 exceeding $5,000 is incurred by any State agency, a copy of
17 the contract, purchase order, or lease shall be filed with
18 the Comptroller within 15 days thereafter. Any cancellation
19 or modification to any such contract liability shall be filed
20 with the Comptroller within 15 days of its execution.
21 (c) Late filing affidavit. When a contract, purchase
22 order, or lease required to be filed by this Section has not
23 been filed within 30 days of execution, the Comptroller shall
24 refuse to issue a warrant for payment thereunder until the
25 agency files with the Comptroller the contract, purchase
26 order, or lease and an affidavit, signed by the chief
27 executive officer of the agency or his or her designee,
28 setting forth an explanation of why the contract liability
29 was not filed within 30 days of execution. A copy of this
30 affidavit shall be filed with the Auditor General.
31 (d) Professional and artistic services contracts. No
32 voucher shall be submitted to the Comptroller for a warrant
33 to be drawn for the payment of money from the State treasury
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1 or from other funds held by the State Treasurer on account of
2 any contract for services involving professional or artistic
3 skills involving an expenditure of more than $5,000 for the
4 same type of service at the same location during any fiscal
5 year unless the contract is reduced to writing before the
6 services are performed and filed with the Comptroller. When
7 a contract for professional or artistic skills in excess of
8 $5,000 was not reduced to writing before the services were
9 performed, the Comptroller shall refuse to issue a warrant
10 for payment for the services until the State agency files
11 with the Comptroller:
12 (1) a written contract covering the services, and
13 (2) an affidavit, signed by the chief executive
14 officer of the State agency or his or her designee,
15 stating that the services for which payment is being made
16 were agreed to before commencement of the services and
17 setting forth an explanation of why the contract was not
18 reduced to writing before the services commenced.
19 A copy of this affidavit shall be filed with the Auditor
20 General. The Comptroller shall maintain professional or
21 artistic service contracts filed under this Section
22 separately from other filed contracts.
23 (e) Method of source selection. When a contract is
24 filed with the Comptroller under this Section, the
25 Comptroller's file shall identify the method of source
26 selection used in obtaining the contract.
27 ARTICLE 25
28 SUPPLIES AND SERVICES (EXCLUDING
29 PROFESSIONAL OR ARTISTIC)
30 Section 25-5. Applicability. All contracts for supplies
31 and services shall be procured in accordance with the
32 provisions of this Article.
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1 Section 25-10. Authority. State purchasing officers
2 shall have the authority to procure supplies and services,
3 except as that authority may be limited by the Board or
4 delegated by the State purchasing officer in accordance with
5 Section 10-15.
6 Section 25-15. Method of source selection.
7 (a) Competitive sealed bidding. Except as provided in
8 subsection (b) and Sections 20-20, 20-25, and 20-30, all
9 State contracts for supplies and services shall be awarded by
10 competitive sealed bidding in accordance with Section 20-10.
11 (b) Other methods. The Board shall establish by rule
12 categories of purchases that may be made without competitive
13 sealed bidding and the most competitive alternate method of
14 source selection that shall be used for each category of
15 purchase.
16 Section 25-20. Prevailing wage requirements.
17 (a) Applicability. All services furnished under
18 printing contracts and under service contracts exceeding
19 $2,000 or $200 per month shall be performed by employees of
20 the contractor receiving the prevailing wage rate and working
21 under conditions prevalent in the locality in which the work
22 is produced. A contract bidder or offeror, in order to be
23 considered a responsible bidder or offeror for the purposes
24 of this Code, shall certify to the State purchasing officer
25 that wages paid to its employees are no less, and fringe
26 benefits and working conditions of employees are not less
27 favorable, than those prevailing in the locality where the
28 contract is to be performed. Prevailing wages and working
29 conditions shall be determined by the Director of Labor.
30 Whenever a collective bargaining agreement is in effect
31 between an employer, other than a State agency, and service
32 or printing employees as defined in this Section who are
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1 represented by a responsible organization that is in no way
2 influenced or controlled by the management, that agreement
3 and its provisions shall be considered as conditions
4 prevalent in that locality and shall be the minimum
5 requirements taken into consideration by the Director of
6 Labor. Collective bargaining agreements between State
7 employees and the State of Illinois shall not be taken into
8 account by the Department of Labor in determining the
9 prevailing wage rate.
10 (b) Services and printing defined. As used in this
11 Section, "services" means janitorial cleaning services,
12 window cleaning services, food services, and security
13 services. "Printing" means all processes and operations
14 involved in printing and any type of photographic
15 reproduction or other duplicating process, including but not
16 limited to letterpress, offset, and gravure processes, the
17 multilith method, any type of photographic or other
18 duplicating process, and the operations of composition,
19 platemaking, presswork, and binding; and the end products of
20 those processes, methods, and operations. As used in this
21 Section "printing" does not include photocopiers used in the
22 course of normal business activities, photographic equipment
23 used for geographic mapping, printed matter used in the
24 normal day to day operations of the General Assembly, the
25 printing of State Lottery tickets, shares, or other State
26 Lottery game related materials, or preprinted or printed
27 matter that is commonly available to the general public from
28 contractor inventory.
29 (c) Inapplicability. This Section does not apply to
30 services furnished under contracts for professional or
31 artistic services. This Section does not apply to vocational
32 programs of training for persons with physical or mental
33 disabilities.
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1 Section 25-25. Printing cost offsets. The Board may
2 promulgate rules permitting the exchange of advertising
3 rights in or receipt of free copies of printed products
4 procured under this Article as a means of reducing printing
5 costs. The Board's rules shall specify the appropriate
6 method of source selection to be used to competitively
7 acquire printing cost offsets.
8 Section 25-30. More favorable terms. A supply or
9 service contract may include, if determined by a State
10 purchasing officer to be in the best interests of the State,
11 a clause requiring that if more favorable terms are granted
12 by the contractor to any similar state or local governmental
13 agency in any state in a contemporaneous agreement let under
14 the same or similar financial terms and circumstances for
15 comparable supplies or services, the more favorable terms
16 shall be applicable under the contract.
17 Section 25-35. Purchase of coal and postage stamps.
18 (a) Delivery of necessary supplies. To avoid
19 interruption or impediment of delivery of necessary supplies,
20 commodities, and coal, State purchasing officers may make
21 purchases of or contracts for supplies and commodities after
22 April 30 of a fiscal year when delivery of the supplies and
23 commodities is to be made after June 30 of that fiscal year
24 and payment for which is to be made from appropriations for
25 the next fiscal year.
26 (b) Postage. All postage stamps purchased from State
27 funds must be perforated for identification purposes. A
28 General Assembly member may furnish the U.S. Post Office with
29 a warrant so as to allow for the creation or continuation of
30 a bulk rate mailing fund in the name of the General Assembly
31 member or may furnish a postage meter company or post office
32 with a warrant so as to facilitate the purchase of a postage
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1 meter and its stamps. Any postage meter so purchased must
2 also contain a stamp that shall state "Official State Mail".
3 Section 25-40. Freight increases. If the Illinois
4 Department of Transportation provides by contract or
5 regulation that general increases in freight rates incurred
6 by a contractor after entering into the contract may be added
7 to the contract price or passed through to the Department,
8 then this remedy shall be available to the contractor whether
9 the increased general freight rates are for railroads, barge
10 lines, or motor carriers of property.
11 Section 25-45. Energy conservation program. State
12 purchasing officers may enter into energy conservation
13 program contracts that provide for utility cost savings. The
14 Board shall promulgate and adopt rules for the implementation
15 of this Section.
16 Section 25-50. Human services. Every purchasing agency
17 that contracts or provides grants for human services may,
18 upon request of the service provider, review the contract or
19 grant, upon notification by the provider that the cost of the
20 provider's property and casualty insurance has increased by
21 25% or more. The purchasing agency may adjust the existing
22 contract or grant with the service provider in accordance
23 with any agreement reached and subject to the limitations of
24 that agency's appropriated funds. For purposes of this
25 Section the revised contract amount shall not exceed the
26 percentage calculated by dividing the total contract or grant
27 amount by the provider's total budget as agreed to by the
28 purchasing agency.
29 Section 25-55. Annual reports. Every printed annual
30 report produced by a State agency shall bear a statement
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1 indicating whether it was printed by the State of Illinois or
2 by contract and indicating the printing cost per copy and the
3 number of copies printed. The Department of Central
4 Management Services shall prepare and submit to the General
5 Assembly on the fourth Wednesday of January in each year a
6 report setting forth with respect to each State agency for
7 the calendar year immediately preceding the calendar year in
8 which the report is filed the total quantity of annual
9 reports printed, the total cost, and the cost per copy and
10 the cost per page of the annual report of the State agency
11 printed during the calendar year covered by the report.
12 Section 25-60. General Assembly printing; session laws.
13 (a) Authority. Public printing for the use of either
14 House of the General Assembly shall be subject to its
15 control. Any printing or operation of printing that the
16 Legislative Printing Unit is unable to perform may be
17 purchased in accordance with this Article.
18 (b) Time of delivery. Daily calendars, journals, and
19 other similar printing for which manuscript or copy is
20 delivered to the Legislative Printing Unit by the clerical
21 officer of either House shall be printed so as to permit
22 delivery at any reasonable time required by the clerical
23 officer. Any petition, bill, resolution, joint resolution,
24 memorial, and similar manuscript or copy delivered to the
25 Legislative Printing Unit by the clerical officer of either
26 House shall be printed at any reasonable time required by
27 that officer.
28 (c) Style. The manner, form, style, size, and
29 arrangement of type used in printing the bills, resolutions,
30 amendments, conference reports, and journals, including daily
31 journals, of the General Assembly shall be as provided in the
32 Rules of the General Assembly.
33 (d) Daily journal. The Clerk of the House of
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1 Representatives and the Secretary of the Senate shall each
2 prepare and deliver to the Legislative Printing Unit,
3 immediately after the close of each daily session, a
4 printer's copy of the daily journal for their respective
5 House.
6 (e) Daily and bound journals.
7 (1) Subscriptions. The Legislative Printing Unit
8 shall have printed the number of copies of the daily
9 journal as may be requested by the clerical officer of
10 each House. The Secretary of the Senate and the Clerk of
11 the House of Representatives shall furnish a copy of each
12 daily journal of their respective House to those persons
13 who apply therefor upon payment of a reasonable
14 subscription fee established separately by the Secretary
15 of the Senate and the Clerk of the House for their
16 respective House. Each subscriber shall specify at the
17 time he or she subscribes the address where he or she
18 wishes the journals mailed. The daily journals shall be
19 furnished free of charge on a pickup basis to State
20 offices and to the public as long as the supply lasts.
21 The Secretary of the Senate and the Clerk of the House
22 shall determine the number of journals available for
23 pickup at their respective offices.
24 (2) Other copies. After the General Assembly
25 adjourns, the Clerk of the House and the Secretary of the
26 Senate shall prepare and deliver to the Legislative
27 Printing Unit a printer's copy of matter for the regular
28 House and Senate journals, together with any matter, not
29 previously printed in the daily journals, that is
30 required by law, by order of either House, or by joint
31 resolution to be printed in the journals. The
32 Legislative Printing Unit shall have printed the number
33 of copies of the bound journal as may be requested by the
34 clerical officer of each House. A reasonable number of
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1 bound volumes of the journal of each House of the General
2 Assembly shall be provided to State and local officers,
3 boards, commissions, institutions, departments, agencies,
4 and libraries requesting them through canvasses conducted
5 separately by the Secretary of the Senate and the Clerk
6 of the House. Reasonable fees established separately by
7 the Secretary of the Senate and the Clerk of the House
8 may be charged for bound volumes of the journal of each
9 House of the General Assembly.
10 (f) Session laws. Immediately after the General Assembly
11 adjourns, the Secretary of State shall prepare a printer's
12 copy for the "Session Laws of Illinois" that shall set forth
13 in full all Acts and joint resolutions passed by the General
14 Assembly at the session just concluded and all executive
15 orders of the Governor taking effect under Article V, Section
16 11 of the Constitution and the Executive Reorganization
17 Implementation Act. The printer's copy shall be furnished
18 and delivered to the Secretary of State by the Enrolling and
19 Engrossing Department of the 2 Houses. At the time an
20 enrolled law is filed with the Secretary of State, whether
21 before or after the conclusion of the session in which it was
22 passed, it shall be assigned a Public Act number, the first
23 part of which shall be the number of the General Assembly
24 followed by a dash and then a number showing the order in
25 which that law was filed with the Secretary of State. The
26 title page of each volume of the session laws shall contain
27 the following: "Printed by the authority of the General
28 Assembly of the State of Illinois". The laws shall be
29 arranged by the Secretary of State and printed in the
30 chronological order of Public Act numbers. At the end of
31 each Act the dates when the Act was passed by the General
32 Assembly and when the Act was approved by the Governor shall
33 be stated. Any Act becoming law without the approval of the
34 Governor shall be marked at its end in the session laws by
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1 the printed certificate of the Secretary of State. Executive
2 orders taking effect under Article V, Section 11 of the
3 Constitution and the Executive Reorganization Implementation
4 Act shall be printed in chronological order of executive
5 order number and shall state at the end of each executive
6 order the date it was transmitted to the General Assembly and
7 the date it takes effect. In the case of an amendatory Act,
8 the changes made by the amendatory Act shall be indicated in
9 the session laws in the following manner: (i) all new matter
10 shall be printed in italics; and (ii) all matter deleted by
11 the amendatory Act shall be shown crossed with a line. The
12 Secretary of State shall prepare and furnish a table of
13 contents and an index to each volume of the session laws.
14 (g) Distribution. The bound volumes of the session laws
15 of the General Assembly shall be made available to the
16 following:
17 (1) one copy of each to each State officer, board,
18 commission, institution, and department requesting a copy
19 in accordance with a canvass conducted by the Secretary
20 of State before the printing of the session laws except
21 judges of the appellate courts and judges and associate
22 judges of the circuit courts;
23 (2) 10 copies to the law library of the Supreme
24 Court; one copy each to the law libraries of the
25 appellate courts; and one copy to each of the county law
26 libraries or, in those counties without county law
27 libraries, one copy to the clerk of the circuit court;
28 (3) one copy of each to each county clerk;
29 (4) 10 copies of each to the library of the
30 University of Illinois;
31 (5) 3 copies of each to the libraries of the
32 University of Illinois at Chicago, Southern Illinois
33 University at Carbondale, Southern Illinois University at
34 Edwardsville, Northern Illinois University, Western
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1 Illinois University, Eastern Illinois University,
2 Illinois State University, Chicago State University,
3 Northeastern Illinois University, Chicago Kent College of
4 Law, DePaul University, John Marshall Law School, Loyola
5 University, Northwestern University, Roosevelt
6 University, and the University of Chicago;
7 (6) a number of copies sufficient for exchange
8 purposes to the Legislative Reference Bureau and the
9 University of Illinois College of Law Library;
10 (7) a number of copies sufficient for public
11 libraries in the State to the State Library; and
12 (8) the remainder shall be retained for
13 distribution as the interests of the State may require to
14 persons making application in writing or in person for
15 the publication.
16 (h) Messages and reports. The following shall be
17 printed in a quantity not to exceed the maximum stated in
18 this subsection and bound and distributed at public expense:
19 (1) messages to the General Assembly by the
20 Governor, 10,000 copies;
21 (2) the biennial report of the Lieutenant Governor,
22 1,000 copies;
23 (3) the biennial report of the Secretary of State,
24 3,000 copies;
25 (4) the biennial report of the State Comptroller,
26 5,000 copies;
27 (5) the biennial report of the State Treasurer,
28 3,000 copies;
29 (6) the annual report of the State Board of
30 Education, 6,000 copies; and
31 (7) the biennial report and annual opinions of the
32 Attorney General, 5,000 copies.
33 The reports of all other State officers, boards,
34 commissions, institutions, and departments shall be printed,
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1 bound, and distributed at public expense in a number of
2 copies determined from previous experience not to exceed the
3 probable and reasonable demands of the State therefor. Any
4 other report required by law to be made to the Governor
5 shall, upon his or her order, be printed in the quantity
6 ordered by the Governor, bound and distributed at public
7 expense.
8 (i) Prohibition. All books, pamphlets, documents, and
9 reports published through or by the State of Illinois or any
10 State agency, board, or commission shall have printed thereon
11 "Printed by authority of the State of Illinois", the date of
12 each publication, the number of copies printed, and the
13 printing order number. Each using agency shall be
14 responsible for ascertaining the compliance of printing
15 materials procured by or for it with this subsection. No
16 printing or reproduction contract shall be let and no
17 printing or reproduction shall be accomplished when that
18 wording does not appear on the material to be printed or
19 reproduced. No publication may have written, stamped, or
20 printed on it, or attached to it, "Compliments of ........
21 (naming a person)" or any words of similar import.
22 ARTICLE 30
23 CONSTRUCTION AND CONSTRUCTION-
24 RELATED PROFESSIONAL SERVICES
25 Section 30-5. Applicability. Construction and
26 construction-related professional services shall be procured
27 in accordance with this Article.
28 Section 30-10. Authority. Construction agencies shall
29 have the authority to procure construction and
30 construction-related professional services.
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1 Section 30-15. Method of source selection.
2 (a) Competitive sealed bidding. Except as provided in
3 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
4 20-30, all State construction contracts shall be awarded by
5 competitive sealed bidding in accordance with Section 20-10.
6 (b) Other methods. The Board shall establish by rule
7 construction purchases that may be made without competitive
8 sealed bidding and the most competitive alternate method of
9 source selection that shall be used.
10 (c) Construction-related professional services. All
11 construction-related professional services contracts shall be
12 awarded in accordance with the provisions of the
13 Architectural, Engineering, and Land Surveying Qualifications
14 Based Selection Act. "Professional services" means those
15 services within the scope of the practice of architecture,
16 professional engineering, structural engineering, or
17 registered land surveying, as defined by the laws of this
18 State.
19 (d) Correctional facilities. Remodeling and
20 rehabilitation projects at correctional facilities under
21 $25,000 funded from the General Revenue Fund are exempt from
22 the provisions of this Article. The Department of
23 Corrections may use inmate labor for the remodeling or
24 rehabilitation of correctional facilities on those projects
25 under $25,000 funded from the General Revenue Fund.
26 Section 30-20. Prequalification. The Board shall
27 promulgate rules for the development of prequalified supplier
28 lists for construction and construction-related professional
29 services and the periodic updating of those lists. All
30 construction and construction-related professional services
31 contracts over $25,000 shall be awarded only to prequalified
32 suppliers.
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1 Section 30-25. Retention of a percentage of contract
2 price. Whenever any contract entered into by a construction
3 agency for the repair, remodeling, renovation, or
4 construction of a building or structure, for the construction
5 or maintenance of a highway, as those terms are defined in
6 Article 2 of the Illinois Highway Code, or for the
7 reclamation of abandoned lands as those terms are defined in
8 Article I of the Abandoned Mined Lands and Water Reclamation
9 Act provides for the retention of a percentage of the
10 contract price until final completion and acceptance of the
11 work, upon the request of the contractor and with the
12 approval of the construction agency the amount so retained
13 may be deposited under a trust agreement with an Illinois
14 bank of the contractor's choice and subject to the approval
15 of the construction agency. The contractor shall receive any
16 interest on the deposited amount. Upon application by the
17 contractor, the trust agreement must contain, at a minimum,
18 the following provisions:
19 (1) the amount to be deposited subject to the
20 trust;
21 (2) the terms and conditions of payment in case of
22 default by the contractor;
23 (3) the termination of the trust agreement upon
24 completion of the contract; and
25 (4) the contractor shall be responsible for
26 obtaining the written consent of the bank trustee and for
27 any costs or service fees.
28 The trust agreement may, at the discretion of the
29 construction agency and upon request of the contractor,
30 become effective at the time of the first partial payment in
31 accordance with existing statutes and rules of the Board.
32 Section 30-30. Contracts in excess of $250,000. For
33 construction contracts in excess of $250,000, separate
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1 specifications shall be prepared for all equipment, labor,
2 and materials in connection with the following 5 subdivisions
3 of the work to be performed:
4 (1) plumbing;
5 (2) heating, piping, refrigeration, and automatic
6 temperature control systems, including the testing and
7 balancing of those systems;
8 (3) ventilating and distribution systems for
9 conditioned air, including the testing and balancing of
10 those systems;
11 (4) electric wiring; and
12 (5) general contract work.
13 The specifications must be so drawn as to permit separate
14 and independent bidding upon each of the 5 subdivisions of
15 work. All contracts awarded for any part thereof shall award
16 the 5 subdivisions of work separately to responsible and
17 reliable persons, firms, or corporations engaged in these
18 classes of work. The contracts, at the discretion of the
19 construction agency, may be assigned to the successful bidder
20 on the general contract work or to the successful bidder on
21 the subdivision of work designated by the construction agency
22 before the bidding as the prime subdivision of work, provided
23 that all payments will be made directly to the contractors
24 for the 5 subdivisions of work upon compliance with the
25 conditions of the contract. A contract may be let for one or
26 more buildings in any project to the same contractor. The
27 specifications shall require, however, that unless the
28 buildings are identical, a separate price shall be submitted
29 for each building. The contract may be awarded to the lowest
30 responsible bidder for each or all of the buildings included
31 in the specifications.
32 Section 30-35. Expenditure in excess of contract price.
33 (a) Germaneness. No funds in excess of the contract
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1 price may be obligated or expended unless the additional work
2 to be performed or materials to be furnished is germane to
3 the original contract. Even if germane to the original
4 contract, no additional expenditures or obligations may, in
5 their total combined amounts, be in excess of the percentages
6 of the original contract amount set forth in subsection (b)
7 unless they have received the prior written approval of the
8 construction agency. In the event that the total of the
9 combined additional expenditures or obligations exceeds the
10 percentages of the original contract amount set forth in
11 subsection (b), the construction agency shall investigate all
12 the additional expenditures or obligations in excess of the
13 original contract amount and shall in writing approve or
14 disapprove subsequent expenditures or obligations and state
15 in detail the reasons for the approval or disapproval.
16 (b) Written determination required. When the contract
17 amount is no more than $75,000, the percentage shall be 9%
18 (maximum $6,750). When the contract amount is between
19 $75,001 and $200,000, the percentage shall be 7% of the
20 amount above $75,000 plus $6,750, but not to exceed 7% of
21 $200,000 (maximum $14,000). When the contract amount is
22 between $200,001 and $500,000, the percentage shall be 5% of
23 the amount above $200,000 plus $14,000, but not to exceed 5%
24 of $500,000 (maximum $25,000). When the contract amount is
25 in excess of $500,000, the percentage shall be 3% of the
26 amount above $500,000 plus $25,000.
27 Section 30-40. Certification. Any contract entered into
28 or expenditure of funds by a construction agency for
29 remodeling, renovation, or construction, involving an
30 expenditure in excess of $5,000, shall be subject to the
31 supervision of a licensed architect or engineer. No payment
32 shall be made for the remodeling, renovation, or construction
33 unless the vouchers or invoice for the work is accompanied by
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1 a written certificate of the licensed architect or engineer
2 that the payment represents work satisfactorily completed,
3 labor, or materials incorporated in or stored at the site of
4 the work; provided, periodic payments can be made during the
5 course of the work upon a certificate of the licensed
6 architect or engineer indicating the proportionate amount of
7 the total work completed satisfactorily.
8 Section 30-45. Other Acts. This Article is subject to
9 applicable provisions of the following Acts:
10 (1) the Prevailing Wage Act;
11 (2) the Public Construction Bond Act;
12 (3) the Public Works Employment Discrimination Act;
13 (4) the Public Works Preference Act;
14 (5) the Employment of Illinois Workers on Public
15 Works Act;
16 (6) the Public Contract Fraud Act; and
17 (7) the Illinois Construction Evaluation Act.
18 ARTICLE 35
19 PROFESSIONAL OR ARTISTIC SERVICES
20 Section 35-5. Applicability. All contracts for
21 professional or artistic services shall be procured in
22 accordance with the provisions of this Article.
23 Section 35-10. Authority. Each State agency shall have
24 the authority to procure its own professional or artistic
25 services.
26 Section 35-15. Method of source selection.
27 (a) Competitive selection procedures. Except as
28 provided in subsection (b) and Sections 20-25 and 20-30, all
29 State contracts for professional or artistic services of
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1 $25,000 or more shall be awarded by competitive selection
2 procedures in accordance with Section 20-35.
3 (b) Other methods. The Board shall identify categories
4 of professional and artistic services and shall determine the
5 method of source selection that is in the best interests of
6 the State for each category. A State agency may award a
7 professional or artistic service contract by a method of
8 source selection other than the method designated by the
9 Board for that category of service only when justified in
10 writing to the Board and approved by the Board in advance of
11 the award.
12 Section 35-20. Prequalification. The Board shall
13 develop appropriate prequalification standards for each
14 category of professional and artistic services identified by
15 the Board under subsection (b) of Section 35-15.
16 Section 35-25. Service details. Before entering into a
17 contract for professional or artistic services, a State
18 agency shall detail in writing:
19 (1) the need for the service;
20 (2) the qualifications of the contractor; and
21 (3) a plan for post performance evaluation.
22 Section 35-30. Contract contents. A contract for
23 professional or artistic services other than a public
24 performance by an artistic performer shall include:
25 (1) a description of the goal to be achieved;
26 (2) the services to be performed;
27 (3) the duration of the contract with a schedule of
28 delivery dates when applicable;
29 (4) the rate of remuneration; and
30 (5) the maximum price.
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1 Section 35-35. Subcontractors.
2 (a) Use specified. Any contract for professional or
3 artistic services shall state whether the services of a
4 subcontractor will be used. The contract shall include the
5 names and addresses of all subcontractors and the anticipated
6 amount of money that they will receive under the contract.
7 (b) Amendment. If at any time a contractor for
8 professional or artistic services that had not intended to
9 use the services of a subcontractor decides to use a
10 subcontractor, the contractor and the State agency shall file
11 an amendment to the original contract with the Comptroller
12 stating the names and addresses of all subcontractors and the
13 anticipated amount of money that they will receive under the
14 original contract.
15 ARTICLE 40
16 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
17 Section 40-5. Applicability. All leases for real
18 property or capital improvements, including office and
19 storage space, buildings, and other facilities for State
20 agencies, shall be procured in accordance with the provisions
21 of this Article.
22 Section 40-10. Authority. State purchasing officers
23 shall have the authority to procure leases for real property
24 or capital improvements, except as that authority may be
25 limited by the Board or delegated by the State purchasing
26 officer in accordance with Section 10-15.
27 Section 40-15. Method of source selection.
28 (a) Request for information. Except as provided in
29 subsections (b) and (c), all State contracts for leases of
30 real property or capital improvements shall be awarded by a
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1 request for information process in accordance with Section
2 40-20.
3 (b) Other methods. A request for information process
4 need not be used in procuring any of the following leases:
5 (1) Property of less than 10,000 square feet.
6 (2) Rent of less than $100,000 per year.
7 (3) Duration of less than one year that cannot be
8 renewed.
9 (4) Specialized space available at only one
10 location.
11 (c) Leases with governmental units. Leases with other
12 governmental units may be negotiated without using the
13 request for information process when deemed by the Board to
14 be in the best interest of the State.
15 Section 40-20. Request for information.
16 (a) Conditions for use. Leases shall be procured by
17 request for information except as otherwise provided in
18 Section 40-15.
19 (b) Form. A request for information shall be issued and
20 shall include:
21 (1) the type of property to be leased;
22 (2) the proposed uses of the property;
23 (3) the duration of the lease;
24 (4) the preferred location of the property; and
25 (5) a general description of the configuration
26 desired.
27 (c) Public notice. Public notice of the request for
28 information for the availability of real property to lease
29 shall be published in the Illinois Procurement Bulletin at
30 least 30 days before the date set forth in the request for
31 receipt of responses and shall also be published in similar
32 manner in a newspaper of general circulation in the community
33 or communities where the using agency is seeking space.
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1 (d) Response. The request for information response
2 shall consist of written information sufficient to show that
3 the respondent can meet minimum criteria set forth in the
4 request. State purchasing officers may enter into
5 discussions with respondents for the purpose of clarifying
6 State needs and the information supplied by the respondents.
7 On the basis of the information supplied and discussions, if
8 any, a State purchasing officer shall make a written
9 determination identifying the responses that meet the minimum
10 criteria set forth in the request for information.
11 Negotiations shall be entered into with all qualified
12 respondents for the purpose of securing a lease that is in
13 the best interest of the State. A written report of the
14 negotiations shall be retained in the lease files and shall
15 include the reasons for the final selection. All leases
16 shall be reduced to writing and filed in accordance with the
17 provisions of Section 20-80.
18 Section 40-25. Length of leases.
19 (a) Maximum term. Leases shall be for a term not to
20 exceed 10 years and shall include a termination option in
21 favor of the State after 5 years.
22 (b) Renewal. Leases may include a renewal option. An
23 option to renew may be exercised only when a State purchasing
24 officer determines in writing that renewal is in the best
25 interest of the State.
26 (c) Subject to appropriation. All leases shall recite
27 that they are subject to termination and cancellation in any
28 year for which the General Assembly fails to make an
29 appropriation to make payments under the terms of the lease.
30 Section 40-30. Purchase option. Initial leases of all
31 space in entire, free-standing buildings shall include an
32 option to purchase exerciseable by the State.
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1 Section 40-35. Rent without occupancy. Except when
2 deemed by the Board to be in the best interest of the State,
3 no State agency may incur rental obligations before occupying
4 the space rented.
5 Section 40-40. Local site preferences. Upon the request
6 of the chief executive officer of a unit of local government,
7 leasing preferences may be given to sites located in
8 enterprise zones, tax increment districts, or redevelopment
9 districts.
10 ARTICLE 45
11 PREFERENCES
12 Section 45-5. Procurement preferences. To promote
13 business and employment opportunities in Illinois,
14 procurement preferences are established and shall be
15 applicable to any procurement made under this Code.
16 Section 45-10. Resident bidders.
17 (a) Amount of preference. When a contract is to be
18 awarded to the lowest responsible bidder, a resident bidder
19 shall be allowed a preference as against a non-resident
20 bidder from any state that gives or requires a preference to
21 bidders from that state. The preference shall be equal to
22 the preference given or required by the state of the
23 non-resident bidder. Further, if only non-resident bidders
24 are bidding, the purchasing agency is within its right to
25 specify that Illinois labor and manufacturing locations be
26 used as a part of the manufacturing process, if applicable.
27 This specification may be negotiated as part of the
28 solicitation process.
29 (b) Residency. A resident bidder is a person authorized
30 to transact business in this State and having a bona fide
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1 establishment for transacting business within this State
2 where it was actually transacting business on the date when
3 any bid for a public contract is first advertised or
4 announced. A resident bidder includes a foreign corporation
5 duly authorized to transact business in this State that has a
6 bona fide establishment for transacting business within this
7 State where it was actually transacting business on the date
8 when any bid for a public contract is first advertised or
9 announced.
10 (c) Federal funds. This Section does not apply to any
11 contract for any project as to which federal funds are
12 available for expenditure when its provisions may be in
13 conflict with federal law or federal regulation.
14 Section 45-15. Soybean oil-based ink. Contracts
15 requiring the procurement of printing services shall specify
16 the use of soybean oil-based ink unless a State purchasing
17 officer determines that another type of ink is required to
18 assure high quality and reasonable pricing of the printed
19 product.
20 Section 45-20. Recycled materials. When a public
21 contract is to be awarded to the lowest responsible bidder,
22 an otherwise qualified bidder who will fulfill the contract
23 through the use of products made of recycled materials may,
24 on a pilot basis or in accordance with a pilot study, be
25 given preference over other bidders unable to do so, provided
26 that the cost included in the bid of products made of
27 recycled materials is not more than 10% greater than the cost
28 of products not made of recycled materials.
29 Section 45-25. Recyclable paper. All paper purchased
30 for use by State agencies must be recyclable paper unless
31 recyclable paper cannot be used to meet the requirements of
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1 the State agencies. State agencies shall determine their
2 paper requirements to allow the use of recyclable paper
3 whenever possible, including without limitation using plain
4 paper rather than colored paper that is not recyclable.
5 Section 45-30. Correctional industries. All articles,
6 materials, industry related services, food stuffs, and
7 supplies that are produced or manufactured by persons
8 confined in institutions and facilities of the Department of
9 Corrections shall be given preference by purchasing agencies
10 procuring those items.
11 Section 45-35. Sheltered workshops for the severely
12 handicapped.
13 (a) Qualification. Supplies and services may be
14 procured without advertising or calling for bids from any
15 qualified not-for-profit agency for the severely handicapped
16 that:
17 (1) complies with Illinois laws governing private
18 not-for-profit organizations;
19 (2) is certified as a sheltered workshop by the
20 Wage and Hour Division of the United States Department of
21 Labor; and
22 (3) meets the Illinois Department of Rehabilitation
23 Services or the Department of Human Services as successor
24 to the Illinois Department of Rehabilitation Services
25 just standards for rehabilitation facilities.
26 (b) Participation. To participate, the not-for-profit
27 agency must have indicated an interest in providing the
28 supplies and services, must meet the specifications and needs
29 of the using agency, and must set a fair market price.
30 (c) Committee. There is created within the Department
31 of Central Management Services a committee to facilitate the
32 purchase of products and services of persons so severely
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1 handicapped by a physical or mental disability that they
2 cannot engage in normal competitive employment. The
3 committee shall consist of the Director of Central Management
4 Services, the Director of Mental Health and Developmental
5 Disabilities until July 1, 1997, the Director of
6 Rehabilitation Services until July 1, 1997, the Director of
7 Human Services, on or after July 1, 1997, and 2
8 representatives from private business and 2 public members
9 all appointed by the Governor who are knowledgeable in the
10 needs and concerns of rehabilitation facilities in Illinois.
11 The public members shall serve 2 year terms, commencing upon
12 appointment and every 2 years thereafter. A public member
13 may be reappointed, and vacancies may be filled by
14 appointment for the completion of the term. The members
15 shall serve without compensation but shall be reimbursed for
16 expenses at a rate equal to that of State employees on a per
17 diem basis by the Department of Central Management Services.
18 All members shall be entitled to vote on issues before the
19 committee.
20 The committee shall have the following powers and duties:
21 (1) To request from any State agency information as
22 to product specification and service requirements in
23 order to carry out its purpose.
24 (2) To meet quarterly or more often as necessary to
25 carry out its purposes.
26 (3) To request a quarterly report from each
27 participating qualified not-for-profit agency for the
28 severely handicapped describing the volume of sales for
29 each product or service sold under this Section.
30 (4) To prepare a report for the Governor annually.
31 (5) To prepare a publication that lists all
32 supplies and services currently available from any
33 qualified not-for-profit agency for the severely
34 handicapped. This list and any revisions shall be
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1 distributed to all purchasing agencies.
2 (6) To encourage diversity in supplies and services
3 provided by qualified not-for-profit agencies for the
4 severely handicapped and discourage unnecessary
5 duplication or competition among facilities.
6 (7) To develop guidelines to be followed by
7 qualifying agencies for participation under the
8 provisions of this Section. The guidelines shall be
9 developed within 6 months after the effective date of
10 this Code and made available on a nondiscriminatory basis
11 to all qualifying agencies.
12 (8) To review all bids submitted under the
13 provisions of this Section and reject any bid for any
14 purchase that is determined to be substantially more than
15 the purchase would have cost had it been competitively
16 bid.
17 (d) Former committee. The committee created under
18 subsection (c) shall replace the committee created under
19 Section 7-2 of the Illinois Purchasing Act, which shall
20 continue to operate until the appointments under subsection
21 (c) are made.
22 Section 45-40. Gas mileage.
23 (a) Specification. Contracts for the purchase or lease
24 of new passenger automobiles, other than station wagons,
25 vans, four-wheel drive vehicles, emergency vehicles, and
26 police and fire vehicles, shall specify the procurement of a
27 model that, according to the most current mileage study
28 published by the U.S. Environmental Protection Agency, can
29 achieve at least the minimum average fuel economy in miles
30 per gallon imposed upon manufacturers of vehicles under Title
31 V of The Motor Vehicle Information and Cost Savings Act.
32 (b) Exemptions. The State purchasing officer may exempt
33 procurements from the requirement of subsection (a) when
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1 there is a demonstrated need, submitted in writing, for an
2 automobile that does not meet the minimum average fuel
3 economy standards. The Board shall promulgate rules for
4 determining need consistent with the intent of this Section.
5 Section 45-45. Small businesses.
6 (a) Set-asides. The Board has authority to designate as
7 small business set-asides a fair proportion of construction,
8 supply, and service contracts for award to small businesses
9 in Illinois. Advertisements for bids or offers for those
10 contracts shall specify designation as small business
11 set-asides. In awarding the contracts, only bids or offers
12 from qualified small businesses shall be considered.
13 (b) Small business. "Small business" means a business
14 that is independently owned and operated and that is not
15 dominant in its field of operation. The Board shall
16 establish a detailed definition by rule, using in addition to
17 the foregoing criteria other criteria, including the number
18 of employees and the dollar volume of business. When
19 computing the size status of a bidder, annual sales and
20 receipts of the bidder and all of its affiliates shall be
21 included. The maximum number of employees and the maximum
22 dollar volume that a small business may have under the rules
23 promulgated by the Board may vary from industry to industry
24 to the extent necessary to reflect differing characteristics
25 of those industries, subject to the following limitations:
26 (1) No wholesale business is a small business if
27 its annual sales for its most recently completed fiscal
28 year exceed $7,500,000.
29 (2) No retail business or business selling services
30 is a small business if its annual sales and receipts
31 exceed $1,500,000.
32 (3) No manufacturing business is a small business
33 if it employs more than 250 persons.
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1 (4) No construction business is a small business if
2 its annual sales and receipts exceed $3,000,000.
3 (c) Fair proportion. For the purpose of subsection (a),
4 a fair proportion of construction contracts shall be no less
5 than 25% nor more than 40% of the annual total contracts for
6 construction.
7 (d) Withdrawal of designation. A small business
8 set-aside designation may be withdrawn by the purchasing
9 agency when deemed in the best interests of the State. Upon
10 withdrawal, all bids or offers shall be rejected, and the
11 bidders or offerors shall be notified of the reason for
12 rejection. The contract shall then be awarded in accordance
13 with this Code without the designation of small business
14 set-aside.
15 (e) Small business specialist. The Board shall
16 designate a State purchasing officer who will be responsible
17 for engaging an experienced contract negotiator to serve as
18 its small business specialist, whose duties shall include:
19 (1) Compiling and maintaining a comprehensive
20 bidders list of small businesses. In this duty, he or
21 she shall cooperate with the Federal Small Business
22 Administration in locating potential sources for various
23 products and services.
24 (2) Assisting small businesses in complying with
25 the procedures for bidding on State contracts.
26 (3) Examining requests from State agencies for the
27 purchase of property or services to help determine which
28 invitations to bid are to be designated small business
29 set-asides.
30 (4) Making recommendations to the Board for the
31 simplification of specifications and terms in order to
32 increase the opportunities for small business
33 participation.
34 (5) Assisting in investigations by purchasing
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1 agencies to determine the responsibility of bidders on
2 small business set-asides.
3 (f) Small business annual report. The State purchasing
4 officer designated under subsection (e) shall annually before
5 December 1 report in writing to the General Assembly
6 concerning the awarding of contracts to small businesses.
7 The report shall include the total value of awards made in
8 the preceding fiscal year under the designation of small
9 business set-aside.
10 The requirement for reporting to the General Assembly
11 shall be satisfied by filing copies of the report as required
12 by Section 3.1 of the General Assembly Organization Act.
13 Section 45-50. Illinois agricultural products. In
14 awarding contracts requiring the procurement of agricultural
15 products, preference may be given to an otherwise qualified
16 bidder or offeror who will fulfill the contract through the
17 use of agricultural products grown in Illinois.
18 Section 45-55. Corn-based plastics. In awarding
19 contracts requiring the procurement of plastic products,
20 preference may be given to an otherwise qualified bidder or
21 offeror who will fulfill the contract through the use of
22 plastic products made from Illinois corn by-products.
23 Section 45-60. Vehicles powered by agricultural
24 commodity-based fuel. In awarding contracts requiring the
25 procurement of vehicles, preference may be given to an
26 otherwise qualified bidder or offeror who will fulfill the
27 contract through the use of vehicles powered by ethanol
28 produced from Illinois corn or biodiesel fuels produced from
29 Illinois soybeans.
30 Section 45-65. Additional preferences. This Code is
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1 subject to applicable provisions of:
2 (1) the Public Purchases in Other States Act;
3 (2) the Illinois Mined Coal Act;
4 (3) the Steel Products Procurement Act;
5 (4) the Veterans Preference Act; and
6 (5) the Business Enterprise for Minorities,
7 Females, and Persons with Disabilities Act.
8 ARTICLE 50
9 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
10 Section 50-5. Bribery.
11 (a) Prohibition. No person or business shall be awarded
12 a contract or subcontract under this Code who:
13 (1) has been convicted under the laws of Illinois
14 or any other state of bribery or attempting to bribe an
15 officer or employee of the State of Illinois or any other
16 state in that officer's or employee's official capacity;
17 or
18 (2) has made an admission of guilt of that conduct
19 that is a matter of record but has not been prosecuted
20 for that conduct.
21 (b) Businesses. No business shall be barred from
22 contracting with any unit of State or local government as a
23 result of a conviction under this Section of any employee or
24 agent of the business if the employee or agent is no longer
25 employed by the business and:
26 (1) the business has been finally adjudicated not
27 guilty; or
28 (2) the business demonstrates to the governmental
29 entity with which it seeks to contract, and that entity
30 finds that the commission of the offense was not
31 authorized, requested, commanded, or performed by a
32 director, officer, or high managerial agent on behalf of
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1 the business as provided in paragraph (2) of subsection
2 (a) of Section 5-4 of the Criminal Code of 1961.
3 (c) Conduct on behalf of business. For purposes of this
4 Section, when an official, agent, or employee of a business
5 committed the bribery or attempted bribery on behalf of the
6 business and in accordance with the direction or
7 authorization of a responsible official of the business, the
8 business shall be chargeable with the conduct.
9 (d) Certification. Every bid submitted to and contract
10 executed by the State shall contain a certification by the
11 contractor that the contractor is not barred from being
12 awarded a contract or subcontract under this Section. A
13 contractor who makes a false statement, material to the
14 certification, commits a Class 3 felony.
15 Section 50-10. Felons. Unless otherwise provided, no
16 person or business convicted of a felony shall do business
17 with the State of Illinois or any State agency from the date
18 of conviction until one year after the date of completion of
19 the sentence for that felony, unless no person held
20 responsible by a prosecutorial office for the facts upon
21 which the conviction was based continues to have any
22 involvement with the business.
23 Section 50-15. Conflicts of interest.
24 (a) Prohibition. It is unlawful for any person holding
25 an elective office in this State, holding a seat in the
26 General Assembly, or appointed to or employed in any of the
27 offices or agencies of State government, or who is an officer
28 or employee of the Capital Development Board or the Illinois
29 Toll Highway Authority, or who is the spouse or minor child
30 of any such person to have or acquire any contract, or any
31 direct pecuniary interest in any contract therein, whether
32 for stationery, printing, paper, or any services, materials,
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1 or supplies, that will be wholly or partially satisfied by
2 the payment of funds appropriated by the General Assembly of
3 the State of Illinois or in any contract of the Capital
4 Development Board or the Illinois Toll Highway Authority.
5 (b) Interests. It is unlawful for any firm,
6 partnership, association, or corporation in which any person
7 listed in subsection (a) is entitled to receive more than 7
8 1/2%, or above a specific dollar amount established by rule
9 of the Board, of the total distributable income to have or
10 acquire any such contract or direct pecuniary interest
11 therein.
12 (c) Combined interests. It is unlawful for any firm,
13 partnership, association, or corporation in which any person
14 listed in subsection (a) together with his or her spouse or
15 minor children is entitled to receive more than 15%, in the
16 aggregate, of the total distributable income to have or
17 acquire any such contract or direct pecuniary interest
18 therein.
19 (d) Securities. Nothing in this Section invalidates the
20 provisions of any bond or other security previously offered
21 or to be offered for sale or sold by or for the State of
22 Illinois.
23 (e) Prior interests. This Section does not affect the
24 validity of any contract made between the State and an
25 officer or employee of the State or member of the General
26 Assembly, his or her spouse, minor child or any combination
27 of those persons if that contract was in existence before his
28 or her election or employment as an officer, member, or
29 employee. The contract is void, however, if it cannot be
30 completed within 6 months after the officer, member, or
31 employee takes office or is employed.
32 (f) Exceptions.
33 (1) Public aid payments. This Section does not
34 apply to payments made for a public aid recipient.
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1 (2) Teaching. This Section does not apply to a
2 contract for personal services as a teacher or school
3 administrator between a member of the General Assembly or
4 his or her spouse, or a State officer or employee or his
5 or her spouse, and any school district, public community
6 college district, the University of Illinois, Southern
7 Illinois University, or any institution under the control
8 of the Board of Governors of State Colleges and
9 Universities or under the control of the Board of
10 Regents.
11 (3) Ministerial duties. This Section does not
12 apply to a contract for personal services of a wholly
13 ministerial character, including but not limited to
14 services as a laborer, clerk, typist, stenographer, page,
15 bookkeeper, receptionist, or telephone switchboard
16 operator, made by a spouse or minor child of an elective
17 or appointive State officer or employee or of a member of
18 the General Assembly.
19 (4) Child and family services. This Section does
20 not apply to payments made to a member of the General
21 Assembly, a State officer or employee, his or her spouse
22 or minor child acting as a foster parent, homemaker,
23 advocate, or volunteer for or in behalf of a child or
24 family served by the Department of Children and Family
25 Services.
26 (f) Penalty. Any person convicted of a violation of
27 this Section is guilty of a business offense and shall be
28 fined not more than $2,500.
29 Section 50-20. Negotiations.
30 (a) Prohibition. Except as provided in Section 50-25,
31 it is unlawful for any person employed in or on a continual
32 contractual relationship with any of the offices or agencies
33 of State government to participate in contract negotiations
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1 on behalf of that office or agency with any firm,
2 partnership, association, or corporation with whom that
3 person has a contract for future employment or is negotiating
4 concerning possible future employment.
5 (b) Penalty. Any person violating this Section is
6 guilty of a business offense and shall be fined not more than
7 $2,500.
8 Section 50-25. Exemptions. With the approval of the
9 administrative head of the State agency involved, the
10 Governor may exempt named individuals from the prohibitions
11 of Sections 50-15 and 50-20 when, in his or her judgment, the
12 public interest in having the individual in the service of
13 the State outweighs the public policy evidenced in those
14 Sections. An exemption is not effective unless the Governor
15 files with the Secretary of State and Comptroller a statement
16 naming the individual, setting forth all the pertinent facts
17 that would make those Sections applicable, setting forth the
18 reasons for the exemption, and declaring that the individual
19 is exempted from those Sections. The Governor shall publish
20 notice of the exemption in the Illinois Procurement Bulletin.
21 Section 50-30. Inducement. Any person who offers or
22 pays any money or other valuable thing to any person to
23 induce him or her not to bid for a State contract or as
24 recompense for not having bid on a State contract is guilty
25 of a Class 4 felony. Any person who accepts any money or
26 other valuable thing for not bidding for a State contract or
27 who withholds a bid in consideration of the promise for the
28 payment of money or other valuable thing is guilty of a Class
29 4 felony.
30 Section 50-35. Former employees. Former State employees
31 whose duties with the State were directly related to
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1 procurement are prohibited from doing business that is
2 substantially similar to their prior duties with the State
3 agency formerly employing them for a period of one year from
4 the termination of their employment with the State. The
5 Board shall by rule define the nature of procurement
6 activities that are subject to this prohibition and the
7 meaning of "substantially similar" as it is used in this
8 Section. The Board shall not be authorized to grant any
9 waiver or exemption from this prohibition.
10 Section 50-40. Disclosures by contractors and bidders.
11 Each person who submits a bid in relation to any purchase in
12 excess of $5,000 under this Code must disclose in his or her
13 application to be placed on a bidder list the name of each
14 individual having a beneficial interest of more than 7 1/2%
15 in the bidding enterprise and, if the bidder is a
16 corporation, the names of all its officers and directors.
17 The bidder shall notify the purchasing agency of any changes
18 in its ownership or officers at the time the changes occur.
19 Section 50-45. Disclosures by State employees and
20 officers.
21 (a) Contract negotiations. Any person participating in
22 the making of a contract, or who enters into a contract, on
23 behalf of an office or agency of State government with the
24 knowledge that his or her spouse, child, parent, or sibling
25 is entitled to receive more than 7 1/2% of the total
26 distributable income of the other contracting party, or in
27 which that child, parent, or sibling, together with his or
28 her spouse or minor children, is entitled to receive more
29 than 15%, in the aggregate, of the total distributable income
30 of the other contracting party, shall immediately file a
31 written statement setting out the facts of the transaction.
32 The statement shall be filed with the administrative head of
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1 the office or agency and be kept available for public
2 inspection. A person failing to file a statement or filing a
3 false statement is guilty of a business offense and shall be
4 fined not more than $2,500. Any such contract is contrary to
5 public policy and may be voided at the option of the State
6 unless it is shown to be in the best interests of the State.
7 Moreover, if fraud or substantial monetary harm to the State
8 results from the nepotic element of the transaction, the
9 government officer or employee involved in the element is
10 guilty of a Class A misdemeanor.
11 (b) Other positions and contracts. Each State employee
12 is responsible for annually notifying his or her State
13 employer of contracts held by the employee or by the
14 employee's spouse and minor children and of other payroll
15 positions held by the employee. The State employee shall
16 notify his or her employer of any changes in this
17 notification at the time the changes occur.
18 Section 50-50. Identical bids. Every State agency that
19 obtains 2 or more identical bids under this Code shall inform
20 the Attorney General in writing of those facts within 30 days
21 after the disposition of all bids received in response for
22 bids, whether by the awarding of the contract or other
23 action. The Attorney General shall prescribe the form and
24 manner of notification.
25 Section 50-55. Reporting of anticompetitive practices.
26 When for any reason collusion or other anticompetitive
27 practices are suspected among any bidders or offerors, a
28 notice of the relevant facts shall be transmitted to the
29 Attorney General.
30 Section 50-60. Use of confidential information. It is
31 unlawful for any current or former elected or appointed State
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1 official or State employee to knowingly use confidential
2 information available only by virtue of that office or
3 employment for actual or anticipated personal gain or for the
4 actual or anticipated personal gain of another person.
5 Section 50-65. Supply inventory. Every State agency
6 shall inventory or stock no more than a 12-month need of
7 equipment, supplies, commodities, articles, and other items,
8 except as otherwise authorized by the State agency's
9 regulations. Every State agency shall periodically review
10 its inventory to ensure compliance with this Section. If,
11 upon review, an agency determines it has more than a 12-month
12 supply of any equipment, supplies, commodities, or other
13 items, the agency shall undertake transfers of the
14 oversupplied items or other action necessary to maintain
15 compliance with this Section. This Section shall not apply
16 to lifesaving medications, mechanical spare parts, and items
17 for which the supplier requires a minimum order stipulation.
18 Section 50-70. Void contracts. If any contract is
19 entered into or purchase or expenditure of funds is made in
20 violation of this Code, the rules promulgated under this
21 Code, or any other law, the contract may be declared void by
22 the purchasing agency or may be ratified and affirmed,
23 provided the purchasing agency determines that ratification
24 is in the best interests of the State. If the contract is
25 ratified and affirmed, it shall be without prejudice to the
26 State's rights to any appropriate damages.
27 Section 50-75. Suspension and debarment. Any contractor
28 may be suspended for violation of this Code or for failure to
29 conform to specifications or terms of delivery. Suspension
30 may be for a period of up to one year, or longer if no
31 procurement for which the contractor was qualified to provide
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1 occurred within that period. Contractors may be debarred in
2 accordance with rules promulgated by the Board or as
3 otherwise provided by law.
4 Section 50-80. Additional provisions. This Code is
5 subject to applicable provisions of the following Acts:
6 (1) Article 33E of the Criminal Code of 1961;
7 (2) the Illinois Human Rights Act;
8 (3) the Discriminatory Club Act;
9 (4) the Illinois Governmental Ethics Act;
10 (5) the State Prompt Payment Act;
11 (6) the Public Officer Prohibited Activities Act;
12 and
13 (7) the Drug Free Workplace Act.
14 Section 50-85. Other violations. Except as otherwise
15 provided in this Code, whoever violates this Code or the
16 rules promulgated under it is guilty of a Class A
17 misdemeanor.
18 ARTICLE 55
19 MISCELLANEOUS PROVISIONS
20 Section 55-5. References to repealed provisions. After
21 the effective date of this Act, all references to the
22 provisions of law repealed by this Act shall be construed,
23 where necessary and appropriate, as references to the
24 Illinois Procurement Code.
25 Section 55-10. Exclusive exercise of powers. On and
26 after 120 days following the effective date of this Act, the
27 powers granted under this Code shall be exercised exclusively
28 as granted under this Code, and no State agency may
29 concurrently exercise any such power, unless specifically
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1 authorized otherwise by a later enacted law. This Code is
2 not intended to impair any contract entered into before the
3 effective date of this Act.
4 Section 55-15. Severability. If any provision of this
5 Code or any application of it to any person or circumstance
6 is held invalid, that invalidity shall not affect other
7 provisions or applications of this Code that can be given
8 effect without the invalid provision or application, and to
9 this end the provisions of this Code are declared to be
10 severable.
11 ARTICLE 95
12 AMENDATORY AND REPEALING PROVISIONS
13 Section 95-5. The Governmental Joint Purchasing Act is
14 amended by changing Section 3 as follows:
15 (30 ILCS 525/3) (from Ch. 85, par. 1603)
16 Sec. 3. Any agreement of the governmental units which
17 desire to make joint purchases, one of the governmental units
18 shall conduct the letting of bids. Where the State of
19 Illinois is a party to the joint purchase agreement, the
20 Department of Central Management Services shall conduct the
21 letting of bids. Expenses of such bid-letting may be shared
22 by the participating governmental units in proportion to the
23 amount of personal property, supplies or services each unit
24 purchases.
25 When the State of Illinois is a party to the joint
26 purchase agreement, the acceptance of bids shall be in
27 accordance with the Illinois Procurement Code and rules
28 promulgated under that Code. When the State of Illinois is
29 not a party to the joint purchase agreement, the acceptance
30 of bids shall be governed by the agreement.
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1 The personal property, supplies or services involved
2 shall be distributed or rendered directly to each
3 governmental unit taking part in the purchase. The person
4 selling the personal property, supplies or services may bill
5 each governmental unit separately for its proportionate share
6 of the cost of the personal property, supplies or services
7 purchased.
8 The credit or liability of each governmental unit shall
9 remain separate and distinct. Disputes between bidders and
10 governmental units shall be resolved between the immediate
11 parties.
12 (Source: P.A. 87-860.)
13 (15 ILCS 405/11 rep.)
14 (15 ILCS 405/15 rep.)
15 Section 95-10. The State Comptroller Act is amended by
16 repealing Sections 11 and 15.
17 (20 ILCS 5/29 rep.)
18 (20 ILCS 5/30 rep.)
19 (20 ILCS 405/35.7b rep.)
20 (20 ILCS 405/67.01 rep.)
21 (20 ILCS 405/67.04 rep.)
22 Section 95-15. The Civil Administrative Code of Illinois
23 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
24 67.04.
25 (20 ILCS 1015/13 rep.)
26 Section 95-20. The Public Employment Office Act is
27 amended by repealing Section 13.
28 (30 ILCS 505/Act rep.)
29 Section 95-25. The Illinois Purchasing Act is repealed.
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1 (30 ILCS 510/Act rep.)
2 Section 95-30. The State Paper Purchasing Act is
3 repealed.
4 (30 ILCS 515/Act rep.)
5 Section 95-35. The State Printing Contracts Act is
6 repealed.
7 (30 ILCS 615/Act rep.)
8 Section 95-40. The State Vehicle Mileage Act is
9 repealed.
10 ARTICLE 99
11 EFFECTIVE DATE
12 Section 99-5. Effective date. This Act takes effect upon
13 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 525/3 from Ch. 85, par. 1603
4 15 ILCS 405/11 rep.
5 15 ILCS 405/15 rep.
6 20 ILCS 5/29 rep.
7 20 ILCS 5/30 rep.
8 20 ILCS 405/35.7b rep.
9 20 ILCS 405/67.01 rep.
10 20 ILCS 405/67.04 rep.
11 20 ILCS 1015/13 rep.
12 30 ILCS 505/Act rep.
13 30 ILCS 510/Act rep.
14 30 ILCS 515/Act rep.
15 30 ILCS 615/Act rep.