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90_HB3809
SEE INDEX
Creates the Illinois Procurement Code. 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 promulgate procurement policies and rules.
Provides for an Inspector General appointed by the Governor
to oversee implementation of the Board's policies. Grants
general procurement and rulemaking authority to 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. Makes
competitive sealed bidding the required method of source
selection, with exceptions for procurements of a small,
emergency, or sole source nature. Provides for procurement
preferences, contract requirements, auditing, prohibitions,
and penalties. Amends the Governmental Joint Purchasing Act,
the Civil Administrative Code of Illinois, and the Personnel
Code and repeals various Acts and Sections of Acts governing
State purchasing. Creates the Human Services Delivery Act.
Effective immediately, in part, and January 1, 1999, in part.
LRB9008460JMsb
LRB9008460JMsb
1 AN ACT concerning State purchases and delivery of
2 services.
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.
15 (a) This Code applies only to procurements for which
16 contractors were first solicited on or after January 1, 1999.
17 This Code shall not be construed to affect or impair any
18 contract, or any provision of a contract, entered into prior
19 to the implementation date of this Code as described in
20 Article 99, including but not limited to, any covenant
21 entered into with respect to any revenue bonds or similar
22 instruments.
23 (b) This Code applies regardless of the source of the
24 funds with which the contracts are paid, including federal
25 assistance moneys. This Code does not apply to: (1)
26 contracts between the State and its political subdivisions or
27 other governments, or between State governmental bodies
28 except as specifically provided in this Code; (2) grants; (3)
29 purchase of care; (4) contracts for personal services as an
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1 employee rather than as an independent contractor; or (5)
2 collective bargaining contracts. Nothing in this Code or in
3 rules promulgated hereunder shall prevent any State
4 governmental body from complying with the terms and
5 conditions of any grant, gift, bequest, or cooperative
6 agreement.
7 Section 1-15. Definitions. For the purposes of this
8 Code, the words set forth in the following Sections of this
9 Article have the meanings set forth in those Sections.
10 Section 1-15.03. Bidder or offeror. "Bidder" or
11 "offeror" means any person who submits a bid, proposal, or
12 other type of offer. These terms may be used
13 interchangeably.
14 Section 1-15.05. Board. "Board" means the Procurement
15 Policy Board.
16 Section 1-15.10. Business. "Business" means any
17 corporation, partnership, individual, sole proprietorship,
18 joint stock company, joint venture, or other private legal
19 entity.
20 Section 1-15.17. Concession. "Concession" means any use
21 of State property, primarily real estate, by a party not
22 associated with State government, whether or not a charge is
23 levied for that use.
24 Section 1-15.20. Construction. "Construction" means
25 building, altering, repairing, improving, or demolishing any
26 public structure or building, or making improvements of any
27 kind to public real property. Construction does not include
28 the routine operation, routine repair, or routine maintenance
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1 of existing structures, buildings, or real property.
2 Section 1-15.25. Construction agency. "Construction
3 agency" means the Capital Development Board for construction
4 or remodeling of State-owned facilities; the Illinois
5 Department of Transportation for construction or maintenance
6 of roads, highways, bridges, and airports; the Illinois Toll
7 Highway Authority for construction or maintenance of toll
8 highways; and any other State agency entering into
9 construction contracts as authorized by law or by delegation
10 from the Procurement Policy Board.
11 Section 1-15.30. Contract. "Contract" means all types
12 of State agreements, regardless of what they may be called,
13 for the procurement or use of goods, services, including
14 professional or artistic services, construction, or real
15 property leases, and including master contracts and contracts
16 for financing through use of installment or lease-purchase
17 arrangements.
18 Section 1-15.35. Cost-reimbursement contract.
19 "Cost-reimbursement contract" means a contract under which a
20 contractor is reimbursed for costs that are allowable and
21 allocable in accordance with the contract terms and the
22 provisions of this Code, and a fee, if any.
23 Section 1-15.42. Goods. "Goods" means all personal
24 property, including but not limited to, equipment, materials,
25 printing, and insurance, and the financing of those goods.
26 Section 1-15.44. Grant. "Grant" means the furnishing by
27 the State of assistance, whether financial or otherwise, to
28 any person to support a program authorized by law. It does
29 not include an award, the primary purpose of which is to
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1 procure an end product for the direct benefit or use of the
2 State governmental body making the grant, whether in the form
3 of goods, services, or construction; a contract resulting
4 from such an award is not a grant but a procurement contract.
5 Section 1-15.47. Inspector General. "Inspector General"
6 means that person appointed by the Governor as Inspector
7 General for Procurement under Section 5-10.
8 Section 1-15.50. Invitation for bids. "Invitation for
9 bids" means the process by which a purchasing agency requests
10 information from bidders, including all documents, whether
11 attached or incorporated by reference, used for soliciting
12 bids.
13 Section 1-15.53. Negotiation. "Negotiation" means the
14 process of selecting a contractor other than by competitive
15 sealed bids, or multi-step sealed bidding, whereby a
16 purchasing agency can establish any and all terms and
17 conditions of a procurement contract by discussion with one
18 or more prospective contractors.
19 Section 1-15.55. Person. "Person" means any business,
20 public or private corporation, partnership, individual,
21 union, committee, club, unincorporated association or other
22 organization or group of individuals, or other legal entity.
23 Section 1-15.56. Personal services. "Personal services"
24 means services rendered to the State by an individual, as an
25 employee and not an independent contractor, and for whom
26 federal income taxes are withheld.
27 Section 1-15.57. Price. "Price" means any dollar
28 related factor relevant to the State, including but not
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1 limited to, discounts and transportation, and where specified
2 in purchase specifications or descriptions, "price" means
3 total or life cycle costs.
4 Section 1-15.58. Procurement. "Procurement" means
5 buying, renting, leasing, licensing, or otherwise acquiring
6 any goods, services, construction, or real estate lease. It
7 also includes all functions that pertain to the obtaining
8 same, including describing requirements, selection and
9 soliciting sources, preparing and awarding contracts, and all
10 phases of contract administration.
11 Section 1-15.60. Professional and artistic services.
12 "Professional and artistic services" means those services
13 provided under contract to a State agency by a person or
14 business, acting as an independent contractor, qualified by
15 education, experience, and technical ability to advise and
16 assist in solving specific management and programmatic
17 problems involving the organization, planning, direction,
18 control, and operation of State agencies.
19 Section 1-15.65. Purchase description. "Purchase
20 description" means the words used in a solicitation to
21 describe the supplies, services, professional or artistic
22 services, construction, or real property or capital
23 improvements to be procured or leased and includes
24 specifications attached to or made a part of the
25 solicitation.
26 Section 1-15.67. Purchase of care. "Purchase of care"
27 means a contract with a person for the furnishing of medical,
28 educational, psychiatric, vocational, rehabilitative, social,
29 or human services directly to a recipient of a State aid
30 program.
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1 Section 1-15.70. Purchasing agency. "Purchasing agency"
2 means a State agency that is authorized by this Code, by its
3 implementing rules, or by authorized delegation of a State
4 purchasing officer to enter into contracts.
5 Section 1-15.75. Request for proposals. "Request for
6 proposals" means the process by which a purchasing agency
7 requests information from offerors, including all documents,
8 whether attached or incorporated by reference, used for
9 soliciting proposals.
10 Section 1-15.80. Responsible bidder or offeror.
11 "Responsible bidder or offeror" means a person who has the
12 capability in all respects to perform fully the contract
13 requirements and the integrity and reliability that will
14 assure good faith performance.
15 Section 1-15.85. Responsive bidder. "Responsive bidder"
16 means a person who has submitted a bid that conforms in all
17 material respects to the invitation for bids.
18 Section 1-15.90. Services. "Services" means the
19 furnishing of labor, time, or effort by a contractor, not
20 involving the delivery of a specific end product other than
21 reports or supplies that are incidental to the required
22 performance.
23 Section 1-15.93. Solicitation. "Solicitation" means an
24 invitation for bids, request for proposals, request for
25 information, or other means of requesting contractors to
26 respond with offers or qualifications.
27 Section 1-15.95. Specifications. "Specifications" means
28 any description, provision, or requirement pertaining to the
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1 physical or functional characteristics or of the nature of a
2 supply, service, or other item to be procured under a
3 contract. Specifications may include a description of any
4 requirement for inspecting, testing, or preparing a supply,
5 service, professional or artistic service, construction, or
6 other item for delivery.
7 Section 1-15.100. State agency. "State agency" means
8 all officers, boards, commissions, and agencies created by
9 the Constitution, whether in the executive, legislative, or
10 judicial branch, but other than the circuit court; all
11 officers, departments, boards, commissions, agencies,
12 institutions, authorities, universities, bodies politic and
13 corporate of the State; and administrative units or corporate
14 outgrowths of the State government that are created by or in
15 accordance with statute, other than units of local government
16 and their officers, school districts, and boards of election
17 commissioners; and all administrative units and corporate
18 outgrowths of State agencies and as may be created by
19 executive order of the Governor. "State agency" does not
20 include the Illinois Comprehensive Health Insurance Board.
21 Section 1-15.105. State purchasing officer. "State
22 purchasing officer" means a person appointed as provided in
23 Article 10 to exercise the procurement authority created by
24 this Code.
25 Section 1-15.110. Supplies. "Supplies" means all
26 personal property, including but not limited to equipment,
27 materials, printing, and insurance, and the financing of
28 those supplies.
29 Section 1-15.112. Supported employee. "Supported
30 employee" means an individual who has a severe physical or
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1 mental disability that seriously limits functional capacities
2 including, but not limited to, mobility, communications,
3 self-care, self-direction, work tolerance, or work skills and
4 for whom competitive employment has not traditionally
5 occurred or for whom competitive employment has been
6 interrupted or intermittent as a result of a severe
7 disability and who, because of the nature and the severity of
8 that person's disability, needs intensive supported
9 employment services or extended services in order to perform
10 work.
11 Section 1-15.115. Using agency. "Using agency" means a
12 State agency that uses items procured under this Code.
13 ARTICLE 5
14 POLICY ORGANIZATION
15 Section 5-5. Procurement Policy Board.
16 (a) Creation. There is created a Procurement Policy
17 Board.
18 (b) Authority and duties. The Board shall have the
19 authority and responsibility to promulgate rules, consistent
20 with this Code, governing the procurement, management,
21 control, and disposal of supplies, services, professional or
22 artistic services, construction, and real property and
23 capital improvement leases procured by the State. All rules
24 shall be promulgated and published in accordance with the
25 Illinois Administrative Procedure Act. The Board shall
26 consider and decide matters of policy within the provisions
27 of this Code. The Board shall have the power to audit and
28 monitor the implementation of its rules and the requirements
29 of this Code but shall not exercise authority over the award
30 or administration of any particular contract or over any
31 dispute, claim, or litigation pertaining to a particular
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1 contract, except as provided in Sections 20-30 and 20-37. The
2 Board shall maintain a list of all State vendors,
3 contractors, and bidders from information supplied by the
4 State purchasing officers.
5 (c) Members. The Board shall consist of 5 members
6 appointed by the Governor, with the advice and consent of the
7 Senate, three-fifths of the members elected concurring by
8 record vote. No more than 3 members may be of the same
9 political party. Each member shall have demonstrated
10 sufficient business or professional experience in the area of
11 procurement to perform the functions of the Board.
12 (d) Terms. Of the initial appointees, the Governor
13 shall designate one member to serve a one-year term, 2
14 members to serve 2-year terms, and 2 members to serve 3-year
15 terms. Subsequent terms shall be 4 years. Members may be
16 reappointed for succeeding terms.
17 (e) Reimbursement. Members shall receive annual
18 compensation of $20,000 and shall also be reimbursed for any
19 expenses reasonably incurred in the performance of their
20 duties.
21 (f) Staff support. The Board shall have sufficient
22 staff to perform the duties required by this Code.
23 Section 5-10. Inspector General for Procurement.
24 (a) Creation and appointment. There is created the
25 Office of the Inspector General for Procurement. The
26 Governor, with the advice and consent of the Senate,
27 three-fifths of the members elected concurring by record
28 vote, shall appoint the Inspector General for a 6-year term.
29 (b) Authority and duties. The Inspector General shall
30 be responsible for overseeing implementation of the Board's
31 rules and policies. The Inspector General shall report any
32 suspected violations to the appropriate agency, the State's
33 Attorney in the county in which the suspected violation
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1 occurs, and the Attorney General.
2 (c) Compensation. The Inspector General shall be a
3 full-time position compensated in an amount equal to the
4 compensation of the Auditor General. A member of the Board
5 may not serve as Inspector General.
6 (d) Staff support. The Inspector General shall have
7 sufficient staff to perform the duties required by this Code.
8 (e) The Inspector General shall file semi-annual reports
9 with the Legislative Audit Commission.
10 Section 5-25. Rulemaking authority. The Board may
11 authorize a State agency to promulgate rules to make
12 procurements when the Board determines that specific rules
13 are necessary. All rules shall be promulgated in accordance
14 with the Illinois Administrative Procedure Act and shall be
15 subject to the approval of the Board.
16 ARTICLE 10
17 PROCUREMENT ORGANIZATION
18 Section 10-5. Exercise of procurement authority.
19 (a) The State purchasing officers appointed by their
20 respective State officers or State agencies shall exercise
21 the procurement authority created by this Code except as
22 otherwise provided in this Code.
23 (b) (1) Procurements for all construction, construction
24 related services, operation of any facility, and the
25 provision of any service or activity committed by law to the
26 jurisdiction or responsibility of the Illinois Department of
27 Transportation, including the direct or reimbursable
28 expenditure of all federal funds for which the Department of
29 Transportation is responsible or accountable for the use
30 thereof in accordance with federal law, regulation or
31 procedure, shall be exercised by the Secretary of
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1 Transportation if required to comply with federal law.
2 (2) Procurements for all construction, construction
3 related services, operation of any facility, and the
4 provision of any service or activity committed by law to the
5 jurisdiction or responsibility of the Illinois Toll Highway
6 Authority, including the direct or reimbursable expenditure
7 of all federal funds for which the Authority is responsible
8 or accountable for the use thereof in accordance with federal
9 law, regulation or procedure, shall be delegated to the
10 Authority if required to comply with federal law.
11 Section 10-10. Appointment of State purchasing officers.
12 (a) General appointments. The following State officers
13 shall each appoint a State purchasing officer to exercise
14 within his or her jurisdiction the procurement authority
15 created by this Code:
16 (1) Director of Central Management Services.
17 (2) Attorney General.
18 (3) Comptroller.
19 (4) Secretary of State.
20 (5) Treasurer.
21 (6) Auditor General.
22 (7) Supreme Court.
23 (8) Speaker of the House of Representatives.
24 (9) President of the Senate.
25 (10) Minority leader of the House of
26 Representatives.
27 (11) Minority leader of the Senate.
28 (12) Chair of the Joint Committee on Legislative
29 Support Services.
30 (13) Board of Trustees of the University of
31 Illinois.
32 (14) Board of Trustees of Southern Illinois
33 University.
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1 (15) Board of Trustees of Chicago State University.
2 (16) Board of Trustees of Eastern Illinois
3 University.
4 (17) Board of Trustees of Governors State
5 University.
6 (18) Board of Trustees of Illinois State
7 University.
8 (19) Board of Trustees of Northeastern Illinois
9 University.
10 (20) Board of Trustees of Northern Illinois
11 University.
12 (21) Board of Trustees of Western Illinois
13 University.
14 (22) Illinois State Board of Education.
15 No new personnel position may be created to fill the
16 position of State purchasing officer.
17 (b) Legislative support services agencies. The State
18 purchasing officer appointed under subsection (a) by the
19 chair of the Joint Committee on Legislative Support Services
20 shall serve as the State purchasing officer for the
21 legislative support services agencies during the term of the
22 chair.
23 (c) Central Management Services. The State purchasing
24 officer appointed under subsection (a) by the Director of
25 Central Management Services shall serve as the State
26 purchasing officer for all State agencies under the
27 jurisdiction of the Governor or Lieutenant Governor and all
28 State agencies outside the jurisdiction of any other State
29 purchasing officer.
30 (d) Vendor list. Each State purchasing officer shall
31 maintain a list of vendors, contractors, and bidders and
32 forward that list to the Board at least once per month in
33 accordance with Board rules.
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1 Section 10-15. Delegation of authority. A State
2 purchasing officer may delegate procurement powers and duties
3 to an employee under that officer's jurisdiction as
4 authorized by the Board.
5 ARTICLE 15
6 PROCUREMENT BULLETIN
7 Section 15-5. Publisher. The Board shall designate a
8 State agency responsible for publishing the Illinois
9 Procurement Bulletin.
10 Section 15-10. Contents. The Illinois Procurement
11 Bulletin shall contain notices and other information required
12 by this Code or by rules promulgated under this Code to be
13 published in the Illinois Procurement Bulletin. The rules of
14 the Board promulgated under this Section shall require
15 inclusion in the Bulletin sufficient information to
16 adequately inform the public of the nature of each contract.
17 Each issue shall include a comprehensive index of its
18 contents. A purchasing agency may also choose, as applicable
19 and in accordance with rules of the Board, to place notices
20 in the official State newspaper or a newspaper circulating in
21 a locality relevant to the specified procurement.
22 Section 15-15. Publication. The Illinois Procurement
23 Bulletin shall be published at least twice monthly. It shall
24 be available through subscription for a minimal fee not
25 exceeding publication and distribution costs. The Illinois
26 Procurement Bulletin shall be distributed free to public
27 libraries within Illinois. A purchasing officer may on his
28 or her own authority authorize publication in electronic form
29 or in the official newspaper in addition to publication in
30 the Illinois Procurement Bulletin.
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1 Section 15-20. Qualified bidders. Subscription to the
2 Illinois Procurement Bulletin shall not be required to
3 qualify as a bidder or offeror under this Code.
4 ARTICLE 20
5 SOURCE SELECTION AND CONTRACT FORMATION
6 Section 20-5. Method of source selection. Unless
7 otherwise authorized by this Code or by other law, all State
8 contracts shall be awarded by competitive sealed bidding, in
9 accordance with Section 20-10.
10 Section 20-10. Competitive sealed bidding.
11 (a) Conditions for use. All contracts shall be awarded
12 by competitive sealed bidding except as otherwise provided in
13 Section 20-5.
14 (b) Invitation for bids. An invitation for bids shall
15 be issued and shall include a purchase description and the
16 material contractual terms and conditions applicable to the
17 procurement.
18 (c) Public notice. Public notice of the invitation for
19 bids shall be published in the Illinois Procurement Bulletin
20 at least 28 days before the date set in the invitation for
21 the opening of bids.
22 (d) Bid submission and opening. Bids shall be submitted
23 in a sealed form and shall be opened publicly in the presence
24 of one or more witnesses at the time and place designated in
25 the invitation for bids. The rules may provide for the
26 acceptance of bids submitted by fax, electronic data
27 exchange, or by other methods. The name of each bidder, the
28 amount of each bid, and other relevant information as may be
29 specified by rule shall be recorded. After the award of the
30 contract, the winning bid and the record of each unsuccessful
31 bid shall be open to public inspection.
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1 (e) Bid acceptance and bid evaluation. Bids shall be
2 unconditionally accepted without alteration or correction,
3 except as authorized in this Code. Bids shall be evaluated
4 based on the requirements set forth in the invitation for
5 bids, which may include criteria to determine acceptability
6 such as inspection, testing, quality, workmanship, delivery,
7 and suitability for a particular purpose. Those criteria
8 that will affect the bid price and be considered in
9 evaluation for award, such as discounts, transportation
10 costs, and total or life cycle costs, shall be objectively
11 measurable. The invitation for bids shall set forth the
12 evaluation criteria to be used. Only criteria set forth in
13 the invitation for bids may be used in the bid evaluation.
14 (f) Correction or withdrawal of bids. Correction or
15 withdrawal of inadvertently erroneous bids before or after
16 award, or cancellation of awards of contracts based on bid
17 mistakes, shall be permitted in accordance with rules of the
18 Board. After bid opening, no changes in bid prices or other
19 provisions of bids prejudicial to the interest of the State
20 or fair competition shall be permitted. All decisions to
21 permit the correction or withdrawal of bids based on bid
22 mistakes shall be supported by written determination made by
23 a purchasing agency.
24 (g) Award. The contract shall be awarded with
25 reasonable promptness by written notice to the lowest
26 responsible and responsive bidder whose bid meets the
27 requirements and criteria set forth in the invitation for
28 bids.
29 (h) Multi-step sealed bidding. When it is considered
30 impracticable to initially prepare a purchase description to
31 support an award based on price, an invitation for bids may
32 be issued, in accordance with the rules of the Board,
33 requesting the submission of unpriced offers to be followed
34 by an invitation for bids limited to those bidders whose
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1 offers have been qualified under the criteria set forth in
2 the first solicitation.
3 Section 20-20. Small purchases.
4 (a) Amount. Any individual procurement of supplies or
5 services not exceeding $5,000 may be made without competitive
6 sealed bidding. Procurements shall not be artificially
7 divided so as to constitute a small purchase under this
8 Section.
9 (b) Adjustment. Each July 1, the small purchase maximum
10 established in subsection (a) shall be adjusted for inflation
11 as determined by the Consumer Price Index for All Urban
12 Consumers as determined by the United States Department of
13 Labor and rounded to the nearest $100.
14 Section 20-25. Sole source procurements. Contracts may
15 be awarded without notice or competition when there is only
16 one economically feasible source for the item, including but
17 not limited to, contracts for specific works of art and for
18 the services of a particular artist. Procurements under this
19 Section must be approved in advance by the Board. The
20 procuring agency shall maintain a list of contracts awarded
21 on a sole source basis including the reasons for determining
22 the contractor was the sole economically feasible source.
23 The list and the reasons shall be open to inspection, and
24 shall be published in the Illinois Procurement Bulletin in
25 the issue published after the contract is awarded.
26 Section 20-30. Emergency purchases.
27 (a) Conditions for use. In accordance with standards
28 set forth in rules promulgated by the Board, a purchasing
29 agency may make emergency procurements without competitive
30 sealed bidding or prior notice when there exists a threat to
31 public health or public safety, or when immediate expenditure
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1 is necessary for repairs to State property in order to
2 protect against further loss of or damage to State property,
3 to prevent or minimize serious disruption in State services,
4 or to ensure the integrity of State records. Emergency
5 procurements shall be made with as much competition as is
6 practical under the circumstances and as required by the rule
7 of the Board. Emergency procurements must be approved in
8 advance by at least one member of the Board. A written
9 description of the basis for the emergency and reasons for
10 the selection of the particular contractor shall be included
11 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 Inspector 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. The Board shall review the
30 affidavits for each emergency procurement at least once a
31 month, and any member of the Board may append comments. At
32 the end of each fiscal quarter, the Inspector General shall
33 file with the Auditor General, the Legislative Audit
34 Commission, and the Governor a complete listing of all
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1 emergency procurements reported during that fiscal quarter.
2 The Legislative Audit Commission shall review the emergency
3 procurements so reported and, in its annual reports, advise
4 the General Assembly of procurements that appear to
5 constitute an abuse of this Section.
6 (d) Quick purchases. The Board may promulgate policies
7 extending the circumstances by which a purchasing agency may
8 make purchases under this Section, including but not limited
9 to the procurement of items available at a discount for a
10 limited period of time.
11 Section 20-35. Competitive selection procedures.
12 (a) Conditions for use. The services specified in
13 Article 35 shall be procured in accordance with this Section,
14 except as authorized under Sections 20-25 and 20-30 of this
15 Article or as authorized by the Board in accordance with the
16 provisions of this Code.
17 (b) Statement of qualifications. Potential contractors
18 may submit statements of qualifications and expressions of
19 interest. The Board may specify a uniform format for
20 statements of qualifications. Persons may amend these
21 statements at any time by filing a new statement.
22 (c) Public announcement and form of request for
23 proposals. Public notice of the need for the procurement
24 shall be given in the form of a request for proposals and
25 published in the Illinois Procurement Bulletin at least 14
26 days before the date set in the request for proposals for the
27 opening of proposals. The request for proposals shall
28 describe the services required, list the type of information
29 and data required of each offeror, and shall state the
30 relative importance of particular qualifications.
31 (d) Discussions. The purchasing agency may conduct
32 discussions with any offeror who has submitted a proposal to
33 determine the offeror's qualifications for further
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1 consideration. Discussions shall not disclose any
2 information derived from proposals submitted by other
3 offerors.
4 (e) Award. Award shall be made to the offeror
5 determined in writing by the purchasing agency to be best
6 qualified based on the evaluation factors set forth in the
7 request for proposals and negotiation of compensation
8 determined to be fair and reasonable. If compensation cannot
9 be agreed upon with the best qualified offeror, then
10 negotiations shall be formally terminated with the selected
11 offeror. If proposals were submitted by one or more other
12 offerors determined to be qualified, negotiations may be
13 conducted with the other offeror or offerors, in the order of
14 their respective qualification ranking. The contract may be
15 awarded to the offeror then ranked as best qualified if the
16 amount of compensation is determined to be fair and
17 reasonable.
18 Section 20-37. Legal, medical, and related services. If
19 premature disclosure of the need for legal and related
20 services or of the name of the law firm, attorney, or related
21 service provider might jeopardize the State's ability to
22 formulate policy or its position in litigation, or similar
23 reasons, legal and related services may be procured without
24 notice of competition. Procurements under this Section must
25 be approved in advance by at least one member of the Board.
26 If a person's health is in jeopardy, medical services may be
27 procured without notice of competition. The procuring agency
28 shall maintain a list of contracts awarded under these
29 provisions including the reason why a competitive method of
30 source selection was not used. The list and the reasons
31 shall be open to inspection after the purchasing officer
32 determines that release of the list would no longer
33 jeopardize the State's ability to formulate policy or its
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1 position in litigation, or similar reasons, no longer exist.
2 Section 20-38. Other government contracts. Notice and
3 competition are not required by the United States General
4 Services Administration, or when the Board determines that
5 use of a contract established by another governmental entity
6 is in the State's best interest.
7 Section 20-39. Sheltered workshops and supported
8 employees. Goods and services may be procured without notice
9 and competition from businesses that meet the requirements
10 set forth in Sections 45-35 and 45-37.
11 Section 20-40. Cancellation of invitations for bids or
12 requests for proposals. An invitation for bids, a request
13 for proposals, or any other solicitation may be cancelled, or
14 any and all bids or proposals may be rejected in whole or in
15 part as may be specified in the solicitation, when it is in
16 the best interests of the State in accordance with rules
17 promulgated by the Board. The reasons for cancellation or
18 rejection shall be made part of the contract file.
19 Section 20-45. Prequalification of suppliers. The Board
20 shall promulgate rules for the development of prequalified
21 supplier lists for appropriate categories of purchases and
22 the periodic updating of those lists.
23 Section 20-50. Specifications. Specifications shall be
24 prepared in accordance with standards set forth in rules
25 promulgated by the Board. Those standards shall include a
26 prohibition against the use of brand-name products except
27 under specified circumstances and a restriction on the use of
28 specifications drafted by a potential bidder. All
29 specifications shall seek to promote overall economy for the
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1 purposes intended and encourage competition in satisfying the
2 State's needs and shall not be unduly restrictive.
3 Section 20-55. Types of contracts. Subject to the
4 limitations of this Section and unless otherwise authorized
5 by law, any type of contract that will promote the best
6 interests of the State may be used, except that
7 cost-plus-a-percentage-of-cost contracts are prohibited. A
8 cost-reimbursement contract may be used only when a
9 determination is made in writing that a cost-reimbursement
10 contract is likely to be less costly to the State than any
11 other type or that it is impracticable to obtain the item
12 required except under that type of contract. The general
13 form of contracts shall be specified by the Comptroller.
14 Section 20-57. Contracts of $100,000 or more in a fiscal
15 year.
16 (a) Approval or signature. With respect to new
17 contracts, contract renewals, orders against master
18 contracts, and leases in the amount of $100,000 or more in a
19 fiscal year, and with respect to contract amendments or
20 changes to existing contracts, including change orders, task
21 orders, or requisitions that increase the value of such
22 contract to or by $100,000 or more in a fiscal year, no State
23 agency has authority to enter into any such new contract,
24 renewal, order, amendment, or change, or to file it with the
25 Comptroller, or to make payment thereon, unless and until it
26 has been approved in writing or signed by at least the
27 following 3 individuals:
28 (1) the director, secretary, or chief executive of
29 the State agency;
30 (2) the agency's State purchasing officer; and
31 (3) the chief legal counsel of the State agency;
32 provided, however, that if it does not employ a chief
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1 legal counsel, then a senior administrative official of
2 the State agency.
3 (b) Artificial division. Procurements shall not be
4 artificially divided to avoid the requirements of this
5 Section.
6 (c) Notification. The State purchasing officer shall
7 notify the Board and the Inspector General within 10 days of
8 the execution of any contract pursuant to this Section.
9 Section 20-60. Duration of contracts.
10 (a) Maximum duration. A contract may be entered into
11 for any period of time deemed by the Board to be in the best
12 interests of the State but not exceeding 10 years. The
13 length of a lease for real property or capital improvements
14 may be in accordance with the provisions of Section 40-25.
15 (b) Subject to appropriation. All contracts made or
16 entered into shall recite that they are subject to
17 termination and cancellation in any year for which the
18 General Assembly fails to make an appropriation to make
19 payments under the terms of the contract.
20 Section 20-65. Right to audit records.
21 (a) Maintenance of books and records. Every contract
22 and subcontract shall require the contractor or
23 subcontractor, as applicable, to maintain books and records
24 relating to the performance of the contract or subcontract
25 and necessary to support amounts charged to the State under
26 the contract or subcontract. The books and records shall be
27 maintained by the contractor for a period of 5 years from the
28 later of the date of final payment under the contract or
29 completion of the contract and by the subcontractor for a
30 period of 5 years from the later of the date of final payment
31 under the subcontract or completion of the subcontract.
32 However, the 5-year period shall be extended for the duration
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1 of any audit in progress at the time of that period's
2 expiration.
3 (b) Audit. Every contract and subcontract shall provide
4 that all books and records required to be maintained under
5 subsection (a) shall be available for review and audit by the
6 Auditor General and the purchasing agency. Every contract
7 and subcontract shall require the contractor and
8 subcontractor, as applicable, to cooperate fully with any
9 audit.
10 (c) Failure to maintain books and records. Failure to
11 maintain the books and records required by this Section shall
12 establish a presumption in favor of the State for the
13 recovery of any funds paid by the State for which required
14 books and records are not available.
15 Section 20-70. Finality of determinations.
16 Determinations made by a purchasing agency under this Code
17 are final and conclusive unless they are clearly erroneous,
18 arbitrary, capricious, or contrary to law.
19 Section 20-75. Disputes and protests. The Board shall
20 by rule establish procedures to be followed by purchasing
21 agencies in resolving protested solicitations and awards and
22 contract controversies, for debarment or suspension of
23 contractors, and for resolving other procurement-related
24 disputes.
25 Section 20-80. Contract files.
26 (a) Written determinations. All written determinations
27 required under this Article shall be placed in the contract
28 file maintained by the purchasing agency.
29 (b) Filing with Comptroller. Except for (1) contracts
30 paid from personal services or (2) contracts between the
31 State and its employees to defer compensation in accordance
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1 with Article 24 of the Illinois Pension Code, whenever a
2 contract liability exceeding $5,000 is incurred by any State
3 agency, a copy of the contract, purchase order, or lease
4 shall be filed with the Comptroller within 15 days
5 thereafter. Any cancellation or modification to any such
6 contract liability shall be filed with the Comptroller within
7 15 days after its execution.
8 (c) Late filing affidavit. When a contract, purchase
9 order, or lease required to be filed by this Section has not
10 been filed within 30 days after execution, the Comptroller
11 shall refuse to issue a warrant for payment thereunder until
12 the agency files with the Comptroller the contract, purchase
13 order, or lease and an affidavit, signed by the chief
14 executive officer of the agency or his or her designee,
15 setting forth an explanation of why the contract liability
16 was not filed within 30 days after execution. A copy of this
17 affidavit shall be filed with the Inspector General.
18 (d) Professional and artistic services contracts. No
19 voucher shall be submitted to the Comptroller for a warrant
20 to be drawn for the payment of money from the State treasury
21 or from other funds held by the State Treasurer on account of
22 any contract for services involving professional or artistic
23 skills involving an expenditure of more than $5,000 for the
24 same type of service at the same location during any fiscal
25 year unless the contract is reduced to writing before the
26 services are performed and filed with the Comptroller. When
27 a contract for professional or artistic skills in excess of
28 $5,000 was not reduced to writing before the services were
29 performed, the Comptroller shall refuse to issue a warrant
30 for payment for the services until the State agency files
31 with the Comptroller:
32 (1) a written contract covering the services, and
33 (2) an affidavit, signed by the chief executive
34 officer of the State agency or his or her designee,
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1 stating that the services for which payment is being made
2 were agreed to before commencement of the services and
3 setting forth an explanation of why the contract was not
4 reduced to writing before the services commenced.
5 A copy of this affidavit shall be filed with the Inspector
6 General. The Comptroller shall maintain professional or
7 artistic service contracts filed under this Section
8 separately from other filed contracts.
9 (e) Method of source selection. When a contract is
10 filed with the Comptroller under this Section, the
11 Comptroller's file shall identify the method of source
12 selection used in obtaining the contract.
13 Section 20-85. List of State contractors and bidders.
14 Each State Purchasing Officer and each Construction Agency
15 shall compile and maintain a list of all vendors, bidders,
16 and contractors who submit a bid, proposal, or other type of
17 offer, whether successful or unsuccessful. The list shall be
18 forwarded to the Board as provided by Board rules. The Board
19 shall compile and maintain a complete list of all bidders for
20 all State agencies. The Board shall update the list at least
21 semi-annually. The list shall be made publicly available.
22 ARTICLE 25
23 SUPPLIES AND SERVICES (EXCLUDING
24 PROFESSIONAL OR ARTISTIC)
25 Section 25-5. Applicability. All contracts for supplies
26 and services shall be procured in accordance with the
27 provisions of this Article.
28 Section 25-10. Authority. State purchasing officers
29 shall have the authority to procure supplies and services,
30 except as that authority may be limited by the Board or
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1 delegated by the State purchasing officer in accordance with
2 Section 10-15.
3 Section 25-20. Prevailing wage requirements.
4 (a) Applicability. All services furnished under
5 printing contracts exceeding $25,000 and under service
6 contracts exceeding $2,000 or $200 per month shall be
7 performed by employees of the contractor receiving the
8 prevailing wage rate and working under conditions prevalent
9 in the locality in which the work is produced. A contract
10 bidder or offeror, in order to be considered a responsible
11 bidder or offeror for the purposes of this Code, shall
12 certify to the State purchasing officer that wages paid to
13 its employees are no less, and fringe benefits and working
14 conditions of employees are not less favorable, than those
15 prevailing in the locality where the contract is to be
16 performed. Prevailing wages and working conditions shall be
17 determined by the Director of Labor. Whenever a collective
18 bargaining agreement is in effect between an employer, other
19 than a State agency, and service or printing employees as
20 defined in this Section who are represented by a responsible
21 organization that is in no way influenced or controlled by
22 the management, that agreement and its provisions shall be
23 considered as conditions prevalent in that locality and shall
24 be the minimum requirements taken into consideration by the
25 Director of Labor. Collective bargaining agreements between
26 State employees and the State of Illinois shall not be taken
27 into account by the Department of Labor in determining the
28 prevailing wage rate.
29 (b) Services and printing defined. As used in this
30 Section, "services" means janitorial cleaning services,
31 window cleaning services, food services, and security
32 services. "Printing" means all processes and operations
33 involved in printing and any type of photographic
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1 reproduction or other duplicating process, including but not
2 limited to letterpress, offset, and gravure processes, the
3 multilith method, any type of photographic or other
4 duplicating process, and the operations of composition,
5 platemaking, presswork, and binding; and the end products of
6 those processes, methods, and operations. As used in this
7 Section "printing" does not include photocopiers used in the
8 course of normal business activities, photographic equipment
9 used for geographic mapping, printed matter used in the
10 normal day to day operations of the General Assembly, the
11 printing of State Lottery tickets, shares, or other State
12 Lottery game related materials, or preprinted or printed
13 matter that is commonly available to the general public from
14 contractor inventory.
15 (c) Inapplicability. This Section does not apply to
16 services furnished under contracts for professional or
17 artistic services. This Section does not apply to vocational
18 programs of training for persons with physical or mental
19 disabilities.
20 Section 25-25. Printing cost offsets. The Board may
21 promulgate rules permitting the exchange of advertising
22 rights in or receipt of free copies of printed products
23 procured under this Article as a means of reducing printing
24 costs. The Board's rules shall specify the appropriate
25 method of source selection to be used to competitively
26 acquire printing cost offsets.
27 Section 25-30. More favorable terms. A supply or
28 service contract may include, if determined by a State
29 purchasing officer to be in the best interests of the State,
30 a clause requiring that if more favorable terms are granted
31 by the contractor to any similar state or local governmental
32 agency in any state in a contemporaneous agreement let under
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1 the same or similar financial terms and circumstances for
2 comparable supplies or services, the more favorable terms
3 shall be applicable under the contract.
4 Section 25-35. Purchase of coal and postage stamps.
5 (a) Delivery of necessary supplies. To avoid
6 interruption or impediment of delivery of necessary supplies,
7 commodities, and coal, State purchasing officers may make
8 purchases of or contracts for supplies and commodities after
9 April 30 of a fiscal year when delivery of the supplies and
10 commodities is to be made after June 30 of that fiscal year
11 and payment for which is to be made from appropriations for
12 the next fiscal year.
13 (b) Postage. All postage stamps purchased from State
14 funds must be perforated for identification purposes. A
15 General Assembly member may furnish the U.S. Post Office with
16 a warrant so as to allow for the creation or continuation of
17 a bulk rate mailing fund in the name of the General Assembly
18 member or may furnish a postage meter company or post office
19 with a warrant so as to facilitate the purchase of a postage
20 meter and its stamps. Any postage meter so purchased must
21 also contain a stamp that shall state "Official State Mail".
22 Section 25-40. Freight increases. If the Illinois
23 Department of Transportation provides by contract or
24 regulation that general increases in freight rates incurred
25 by a contractor after entering into the contract may be added
26 to the contract price or passed through to the Department,
27 then this remedy shall be available to the contractor whether
28 the increased general freight rates are for railroads, barge
29 lines, or motor carriers of property.
30 Section 25-45. Energy conservation program. State
31 purchasing officers may enter into energy conservation
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1 program contracts that provide for utility cost savings. The
2 Board shall promulgate and adopt rules for the implementation
3 of this Section.
4 Section 25-50. Human services. Every purchasing agency
5 that contracts or provides grants for human services may,
6 upon request of the service provider, review the contract or
7 grant, upon notification by the provider that the cost of the
8 provider's property and casualty insurance has increased by
9 25% or more. The purchasing agency may adjust the existing
10 contract or grant with the service provider in accordance
11 with any agreement reached and subject to the limitations of
12 that agency's appropriated funds. For purposes of this
13 Section the revised contract amount shall not exceed the
14 percentage calculated by dividing the total contract or grant
15 amount by the provider's total budget as agreed to by the
16 purchasing agency.
17 Section 25-55. Annual reports. Every printed annual
18 report produced by a State agency shall bear a statement
19 indicating whether it was printed by the State of Illinois or
20 by contract and indicating the printing cost per copy and the
21 number of copies printed. The Department of Central
22 Management Services shall prepare and submit to the General
23 Assembly on the fourth Wednesday of January in each year a
24 report setting forth with respect to each State agency for
25 the calendar year immediately preceding the calendar year in
26 which the report is filed the total quantity of annual
27 reports printed, the total cost, and the cost per copy and
28 the cost per page of the annual report of the State agency
29 printed during the calendar year covered by the report.
30 Section 25-60. General Assembly printing; session laws.
31 (a) Authority. Public printing for the use of either
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1 House of the General Assembly shall be subject to its
2 control. Any printing or operation of printing that the
3 Legislative Printing Unit is unable to perform may be
4 purchased in accordance with this Article.
5 (b) Time of delivery. Daily calendars, journals, and
6 other similar printing for which manuscript or copy is
7 delivered to the Legislative Printing Unit by the clerical
8 officer of either House shall be printed so as to permit
9 delivery at any reasonable time required by the clerical
10 officer. Any petition, bill, resolution, joint resolution,
11 memorial, and similar manuscript or copy delivered to the
12 Legislative Printing Unit by the clerical officer of either
13 House shall be printed at any reasonable time required by
14 that officer.
15 (c) Style. The manner, form, style, size, and
16 arrangement of type used in printing the bills, resolutions,
17 amendments, conference reports, and journals, including daily
18 journals, of the General Assembly shall be as provided in the
19 Rules of the General Assembly.
20 (d) Daily journal. The Clerk of the House of
21 Representatives and the Secretary of the Senate shall each
22 prepare and deliver to the Legislative Printing Unit,
23 immediately after the close of each daily session, a
24 printer's copy of the daily journal for their respective
25 House.
26 (e) Daily and bound journals.
27 (1) Subscriptions. The Legislative Printing Unit
28 shall have printed the number of copies of the daily
29 journal as may be requested by the clerical officer of
30 each House. The Secretary of the Senate and the Clerk of
31 the House of Representatives shall furnish a copy of each
32 daily journal of their respective House to those persons
33 who apply therefor upon payment of a reasonable
34 subscription fee established separately by the Secretary
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1 of the Senate and the Clerk of the House for their
2 respective House. Each subscriber shall specify at the
3 time he or she subscribes the address where he or she
4 wishes the journals mailed. The daily journals shall be
5 furnished free of charge on a pickup basis to State
6 offices and to the public as long as the supply lasts.
7 The Secretary of the Senate and the Clerk of the House
8 shall determine the number of journals available for
9 pickup at their respective offices.
10 (2) Other copies. After the General Assembly
11 adjourns, the Clerk of the House and the Secretary of the
12 Senate shall prepare and deliver to the Legislative
13 Printing Unit a printer's copy of matter for the regular
14 House and Senate journals, together with any matter, not
15 previously printed in the daily journals, that is
16 required by law, by order of either House, or by joint
17 resolution to be printed in the journals. The
18 Legislative Printing Unit shall have printed the number
19 of copies of the bound journal as may be requested by the
20 clerical officer of each House. A reasonable number of
21 bound volumes of the journal of each House of the General
22 Assembly shall be provided to State and local officers,
23 boards, commissions, institutions, departments, agencies,
24 and libraries requesting them through canvasses conducted
25 separately by the Secretary of the Senate and the Clerk
26 of the House. Reasonable fees established separately by
27 the Secretary of the Senate and the Clerk of the House
28 may be charged for bound volumes of the journal of each
29 House of the General Assembly.
30 (f) Session laws. Immediately after the General Assembly
31 adjourns, the Secretary of State shall prepare a printer's
32 copy for the "Session Laws of Illinois" that shall set forth
33 in full all Acts and joint resolutions passed by the General
34 Assembly at the session just concluded and all executive
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1 orders of the Governor taking effect under Article V, Section
2 11 of the Constitution and the Executive Reorganization
3 Implementation Act. The printer's copy shall be furnished
4 and delivered to the Secretary of State by the Enrolling and
5 Engrossing Department of the 2 Houses. At the time an
6 enrolled law is filed with the Secretary of State, whether
7 before or after the conclusion of the session in which it was
8 passed, it shall be assigned a Public Act number, the first
9 part of which shall be the number of the General Assembly
10 followed by a dash and then a number showing the order in
11 which that law was filed with the Secretary of State. The
12 title page of each volume of the session laws shall contain
13 the following: "Printed by the authority of the General
14 Assembly of the State of Illinois". The laws shall be
15 arranged by the Secretary of State and printed in the
16 chronological order of Public Act numbers. At the end of
17 each Act the dates when the Act was passed by the General
18 Assembly and when the Act was approved by the Governor shall
19 be stated. Any Act becoming law without the approval of the
20 Governor shall be marked at its end in the session laws by
21 the printed certificate of the Secretary of State. Executive
22 orders taking effect under Article V, Section 11 of the
23 Constitution and the Executive Reorganization Implementation
24 Act shall be printed in chronological order of executive
25 order number and shall state at the end of each executive
26 order the date it was transmitted to the General Assembly and
27 the date it takes effect. In the case of an amendatory Act,
28 the changes made by the amendatory Act shall be indicated in
29 the session laws in the following manner: (i) all new matter
30 shall be printed in italics; and (ii) all matter deleted by
31 the amendatory Act shall be shown crossed with a line. The
32 Secretary of State shall prepare and furnish a table of
33 contents and an index to each volume of the session laws.
34 (g) Distribution. The bound volumes of the session laws
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1 of the General Assembly shall be made available to the
2 following:
3 (1) one copy of each to each State officer, board,
4 commission, institution, and department requesting a copy
5 in accordance with a canvass conducted by the Secretary
6 of State before the printing of the session laws except
7 judges of the appellate courts and judges and associate
8 judges of the circuit courts;
9 (2) 10 copies to the law library of the Supreme
10 Court; one copy each to the law libraries of the
11 appellate courts; and one copy to each of the county law
12 libraries or, in those counties without county law
13 libraries, one copy to the clerk of the circuit court;
14 (3) one copy of each to each county clerk;
15 (4) 10 copies of each to the library of the
16 University of Illinois;
17 (5) 3 copies of each to the libraries of the
18 University of Illinois at Chicago, Southern Illinois
19 University at Carbondale, Southern Illinois University at
20 Edwardsville, Northern Illinois University, Western
21 Illinois University, Eastern Illinois University,
22 Illinois State University, Chicago State University,
23 Northeastern Illinois University, Chicago Kent College of
24 Law, DePaul University, John Marshall Law School, Loyola
25 University, Northwestern University, Roosevelt
26 University, and the University of Chicago;
27 (6) a number of copies sufficient for exchange
28 purposes to the Legislative Reference Bureau and the
29 University of Illinois College of Law Library;
30 (7) a number of copies sufficient for public
31 libraries in the State and the State Library; and
32 (8) the remainder shall be retained for
33 distribution as the interests of the State may require to
34 persons making application in writing or in person for
-34- LRB9008460JMsb
1 the publication.
2 (h) Messages and reports. The following shall be
3 printed in a quantity not to exceed the maximum stated in
4 this subsection and bound and distributed at public expense:
5 (1) messages to the General Assembly by the
6 Governor, 10,000 copies;
7 (2) the biennial report of the Lieutenant Governor,
8 1,000 copies;
9 (3) the biennial report of the Secretary of State,
10 3,000 copies;
11 (4) the biennial report of the State Comptroller,
12 5,000 copies;
13 (5) the biennial report of the State Treasurer,
14 3,000 copies;
15 (6) the annual report of the State Board of
16 Education, 6,000 copies; and
17 (7) the biennial report and annual opinions of the
18 Attorney General, 5,000 copies.
19 The reports of all other State officers, boards,
20 commissions, institutions, and departments shall be printed,
21 bound, and distributed at public expense in a number of
22 copies determined from previous experience not to exceed the
23 probable and reasonable demands of the State therefor. Any
24 other report required by law to be made to the Governor
25 shall, upon his or her order, be printed in the quantity
26 ordered by the Governor, bound and distributed at public
27 expense.
28 (i) Prohibition. All books, pamphlets, documents, and
29 reports published through or by the State of Illinois or any
30 State agency, board, or commission shall have printed thereon
31 "Printed by authority of the State of Illinois", the date of
32 each publication, the number of copies printed, and the
33 printing order number. Each using agency shall be
34 responsible for ascertaining the compliance of printing
-35- LRB9008460JMsb
1 materials procured by or for it with this subsection. No
2 printing or reproduction contract shall be let and no
3 printing or reproduction shall be accomplished when that
4 wording does not appear on the material to be printed or
5 reproduced. No publication may have written, stamped, or
6 printed on it, or attached to it, "Compliments of ........
7 (naming a person)" or any words of similar import.
8 Section 25-65. Federal requirements. A State agency
9 receiving federal funds shall have authority to adapt its
10 procedures, rules, project statements, drawings, maps,
11 surveys, plans, specifications, contract terms, estimates,
12 bid forms, bond forms, and other documents or practices
13 necessary to comply with the regulations, policies, and
14 procedures of the designated authority, administration or
15 department of the United States in order to remain eligible
16 for such federal funds; provided that procurement by any such
17 State agency using non-federal funds shall be subject to the
18 provisions of this Code.
19 Section 25-70. Foreign country procurements.
20 Procurements to meet the needs of State offices located in
21 foreign countries shall comply with the provisions of this
22 Code to the extent practical.
23 Section 25-75. Donations. Nothing in this Code or in
24 the rules promulgated hereunder shall prevent any State
25 agency from complying with the terms and conditions of any
26 grant, gift, or bequest which calls for the procurement of a
27 particular good or service, or use of a particular
28 contractor, provided the grant, gift, or bequest provides
29 complete funding for the contract.
30 ARTICLE 30
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1 CONSTRUCTION AND CONSTRUCTION-
2 RELATED PROFESSIONAL SERVICES
3 Section 30-5. Applicability. Construction and
4 construction-related professional services shall be procured
5 in accordance with this Article.
6 Section 30-10. Authority. Construction agencies shall
7 have the authority to procure construction and
8 construction-related professional services.
9 Section 30-15. Method of source selection.
10 (a) Competitive sealed bidding. Except as provided
11 otherwise by this Code or by other law, all State
12 construction contracts shall be awarded by competitive sealed
13 bidding in accordance with Section 20-10.
14 (b) Construction-related professional services. All
15 construction-related professional services contracts shall be
16 awarded in accordance with the provisions of the
17 Architectural, Engineering, and Land Surveying Qualifications
18 Based Selection Act and Article 35 of this Code.
19 "Professional services" means those services within the scope
20 of the practice of architecture, professional engineering,
21 structural engineering, or registered land surveying, as
22 defined by the laws of this State.
23 (c) Correctional facilities. Remodeling and
24 rehabilitation projects at correctional facilities under
25 $25,000 are exempt from the provisions of this Code only when
26 the Department of Corrections uses inmate labor for the
27 remodeling or rehabilitation.
28 Section 30-20. Prequalification. The Board shall
29 promulgate rules for the development of prequalified supplier
30 lists for construction and construction-related professional
-37- LRB9008460JMsb
1 services and the periodic updating of those lists.
2 Construction and construction-related professional services
3 contracts over $25,000 may be awarded to any qualified
4 suppliers pursuant to the provisions of this Code.
5 Section 30-25. Retention of a percentage of contract
6 price. Whenever any contract entered into by a construction
7 agency for the repair, remodeling, renovation, or
8 construction of a building or structure, for the construction
9 or maintenance of a highway, as those terms are defined in
10 Article 2 of the Illinois Highway Code, or for the
11 reclamation of abandoned lands as those terms are defined in
12 Article I of the Abandoned Mined Lands and Water Reclamation
13 Act provides for the retention of a percentage of the
14 contract price until final completion and acceptance of the
15 work, upon the request of the contractor and with the
16 approval of the construction agency the amount so retained
17 may be deposited under a trust agreement with an Illinois
18 bank of the contractor's choice and subject to the approval
19 of the construction agency. The contractor shall receive any
20 interest on the deposited amount. Upon application by the
21 contractor, the trust agreement must contain, at a minimum,
22 the following provisions:
23 (1) the amount to be deposited subject to the
24 trust;
25 (2) the terms and conditions of payment in case of
26 default by the contractor;
27 (3) the termination of the trust agreement upon
28 completion of the contract; and
29 (4) the contractor shall be responsible for
30 obtaining the written consent of the bank trustee and for
31 any costs or service fees.
32 The trust agreement may, at the discretion of the
33 construction agency and upon request of the contractor,
-38- LRB9008460JMsb
1 become effective at the time of the first partial payment in
2 accordance with existing statutes and rules of the Board.
3 Section 30-30. Contracts in excess of $250,000. For
4 construction contracts in excess of $250,000, separate
5 specifications shall be prepared for all equipment, labor,
6 and materials in connection with the following 5 subdivisions
7 of the work to be performed:
8 (1) plumbing;
9 (2) heating, piping, refrigeration, and automatic
10 temperature control systems, including the testing and
11 balancing of those systems;
12 (3) ventilating and distribution systems for
13 conditioned air, including the testing and balancing of
14 those systems;
15 (4) electric wiring; and
16 (5) general contract work.
17 The specifications must be so drawn as to permit separate
18 and independent bidding upon each of the 5 subdivisions of
19 work. All contracts awarded for any part thereof shall award
20 the 5 subdivisions of work separately to responsible and
21 reliable persons, firms, or corporations engaged in these
22 classes of work. The contracts, at the discretion of the
23 construction agency, may be assigned to the successful bidder
24 on the general contract work or to the successful bidder on
25 the subdivision of work designated by the construction agency
26 before the bidding as the prime subdivision of work, provided
27 that all payments will be made directly to the contractors
28 for the 5 subdivisions of work upon compliance with the
29 conditions of the contract. A contract may be let for one or
30 more buildings in any project to the same contractor. The
31 specifications shall require, however, that unless the
32 buildings are identical, a separate price shall be submitted
33 for each building. The contract may be awarded to the lowest
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1 responsible bidder for each or all of the buildings included
2 in the specifications.
3 Section 30-35. Expenditure in excess of contract price.
4 (a) Germaneness. No funds in excess of the contract
5 price may be obligated or expended unless the additional work
6 to be performed or materials to be furnished is germane to
7 the original contract. Even if germane to the original
8 contract, no additional expenditures or obligations may, in
9 their total combined amounts, be in excess of the percentages
10 of the original contract amount set forth in subsection (b)
11 unless they have received the prior written approval of the
12 construction agency. In the event that the total of the
13 combined additional expenditures or obligations exceeds the
14 percentages of the original contract amount set forth in
15 subsection (b), the construction agency shall investigate all
16 the additional expenditures or obligations in excess of the
17 original contract amount and shall in writing approve or
18 disapprove subsequent expenditures or obligations and state
19 in detail the reasons for the approval or disapproval.
20 (b) Written determination required. When the contract
21 amount is no more than $75,000, the percentage shall be 9%
22 (maximum $6,750). When the contract amount is between
23 $75,001 and $200,000, the percentage shall be 7% of the
24 amount above $75,000 plus $6,750, but not to exceed 7% of
25 $200,000 (maximum $14,000). When the contract amount is
26 between $200,001 and $500,000, the percentage shall be 5% of
27 the amount above $200,000 plus $14,000, but not to exceed 5%
28 of $500,000 (maximum $25,000). When the contract amount is
29 in excess of $500,000, the percentage shall be 3% of the
30 amount above $500,000 plus $25,000.
31 Section 30-40. Certification. Any contract entered into
32 or expenditure of funds by a construction agency for
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1 remodeling, renovation, or construction, involving an
2 expenditure in excess of $5,000, shall be subject to the
3 supervision of a licensed architect or engineer. No payment
4 shall be made for the remodeling, renovation, or construction
5 unless the vouchers or invoice for the work is accompanied by
6 a written certificate of the licensed architect or engineer
7 that the payment represents work satisfactorily completed,
8 labor, or materials incorporated in or stored at the site of
9 the work; provided, periodic payments can be made during the
10 course of the work upon a certificate of the licensed
11 architect or engineer indicating the proportionate amount of
12 the total work completed satisfactorily. Architect or
13 engineer supervision and certification shall not apply to
14 refurbishing, repair, or maintenance projects that are
15 determined by the Illinois Capital Development Board's
16 Executive Director or its designated technical staff as not
17 being the practice of architecture as defined in Section 3 of
18 the Illinois Architecture Practice Act of 1989, nor the
19 practice of professional engineering as defined in Section 3
20 of the Professional Engineering Practice Act of 1989, nor the
21 practice of structural engineering as defined in Section 5 of
22 the Structural Engineering Licensing Act of 1989.
23 Section 30-45. Other Acts. This Article is subject to
24 applicable provisions of the following Acts:
25 (1) the Prevailing Wage Act;
26 (2) the Public Construction Bond Act;
27 (3) the Public Works Employment Discrimination Act;
28 (4) the Public Works Preference Act;
29 (5) the Employment of Illinois Workers on Public
30 Works Act;
31 (6) the Public Contract Fraud Act; and
32 (7) the Illinois Construction Evaluation Act.
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1 ARTICLE 35
2 PROFESSIONAL OR ARTISTIC SERVICES
3 Section 35-5. Applicability. All contracts for
4 professional or artistic services shall be procured in
5 accordance with the provisions of this Article.
6 Section 35-10. Authority. Each State agency shall have
7 the authority to procure its own professional or artistic
8 services.
9 Section 35-15. Method of source selection. Competitive
10 selection procedures. Except as provided otherwise by this
11 Code or by other law, all State contracts for professional or
12 artistic services of more than $5,000 but less than $50,000
13 shall be awarded by a competitive request for proposal
14 process in accordance with this Section and Section 20-35.
15 Except as provided otherwise by this Code or by other law,
16 all State contracts for professional or artistic services of
17 $50,000 or more shall be awarded by competitive sealed
18 bidding in accordance with Section 20-10. Nothing in this
19 Section shall prohibit a contract of more than $5,000 but
20 less than $50,000 from being awarded by competitive sealed
21 bidding in accordance with Section 20-10.
22 Section 35-20. Uniformity in procurement.
23 (a) The Board shall develop, cause to be printed, and
24 distribute uniform documents for the solicitation, review,
25 and acceptance of all professional and artistic services.
26 (b) All State purchasing officers and their designees
27 shall use the uniform procedures and forms specified in this
28 Code for all professional and artistic services.
29 (c) These forms shall include in detail, in writing, at
30 least:
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1 (1) a description of the goal to be achieved;
2 (2) the services to be performed;
3 (3) the need for the service;
4 (4) the qualifications that are necessary; and
5 (5) a plan for post-performance review.
6 Section 35-25. Uniformity in contract.
7 (a) The Board shall develop, cause to be printed, and
8 distribute uniform documents for the contracting of
9 professional and artistic services.
10 (b) All State purchasing officers and their designees
11 shall use these uniform contracts and forms in contracting
12 for all professional and artistic services.
13 (c) These contracts and forms shall include in detail,
14 in writing, at least:
15 (1) the detail listed in subsection (c) of Section
16 35-20;
17 (2) the duration of the contract, with a schedule
18 of delivery, when applicable;
19 (3) the method for charging and measuring cost
20 (hourly, per day, etc.);
21 (4) the rate of remuneration; and
22 (5) the maximum price.
23 Section 35-35. Subcontractors.
24 (a) Use specified. Any contract for professional or
25 artistic services shall state whether the services of a
26 subcontractor will be used. The contract shall include the
27 names and addresses of all subcontractors and the anticipated
28 amount of money that they will receive under the contract.
29 (b) Amendment. If at any time a contractor for
30 professional or artistic services that had not intended to
31 use the services of a subcontractor decides to use a
32 subcontractor, the contractor and the State agency shall file
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1 an amendment to the original contract with the Comptroller
2 stating the names and addresses of all subcontractors and the
3 anticipated amount of money that they will receive under the
4 original contract.
5 ARTICLE 40
6 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
7 Section 40-5. Applicability. All leases for real
8 property or capital improvements, including office and
9 storage space, buildings, and other facilities for State
10 agencies, shall be procured in accordance with the provisions
11 of this Article.
12 Section 40-10. Authority. State purchasing officers
13 shall have the authority to procure leases for real property
14 or capital improvements, except as that authority may be
15 limited by the Board or delegated by the State purchasing
16 officer in accordance with Section 10-15.
17 Section 40-15. Method of source selection.
18 (a) Request for information. Except as provided in
19 subsections (b) and (c), all State contracts for leases of
20 real property or capital improvements shall be awarded by a
21 request for information process in accordance with Section
22 40-20.
23 (b) Other methods. A request for information process
24 need not be used in procuring any of the following leases:
25 (1) Property of less than 10,000 square feet.
26 (2) Rent of less than $100,000 per year.
27 (3) Duration of less than one year that cannot be
28 renewed.
29 (4) Specialized space available at only one
30 location.
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1 (c) Leases with governmental units. Leases with other
2 governmental units may be negotiated without using the
3 request for information process when deemed by the Board to
4 be in the best interest of the State.
5 Section 40-20. Request for information.
6 (a) Conditions for use. Leases shall be procured by
7 request for information except as otherwise provided in
8 Section 40-15.
9 (b) Form. A request for information shall be issued and
10 shall include:
11 (1) the type of property to be leased;
12 (2) the proposed uses of the property;
13 (3) the duration of the lease;
14 (4) the preferred location of the property; and
15 (5) a general description of the configuration
16 desired.
17 (c) Public notice. Public notice of the request for
18 information for the availability of real property to lease
19 shall be published in the Illinois Procurement Bulletin at
20 least 14 days before the date set forth in the request for
21 receipt of responses and shall also be published in similar
22 manner in a newspaper of general circulation in the community
23 or communities where the using agency is seeking space.
24 (d) Response. The request for information response
25 shall consist of written information sufficient to show that
26 the respondent can meet minimum criteria set forth in the
27 request. State purchasing officers may enter into
28 discussions with respondents for the purpose of clarifying
29 State needs and the information supplied by the respondents.
30 On the basis of the information supplied and discussions, if
31 any, a State purchasing officer shall make a written
32 determination identifying the responses that meet the minimum
33 criteria set forth in the request for information.
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1 Negotiations shall be entered into with all qualified
2 respondents for the purpose of securing a lease that is in
3 the best interest of the State. A written report of the
4 negotiations shall be retained in the lease files and shall
5 include the reasons for the final selection. All leases
6 shall be reduced to writing and filed in accordance with the
7 provisions of Section 20-80.
8 (e) Exceptions. A request for information process need
9 not be used and the procurement may be negotiated when,
10 according to Board rules, the purchasing officer determines
11 that negotiations are in the best interest of the State in
12 the following situations:
13 (1) renewal or extension of leases;
14 (2) temporary space as defined by rule; or
15 (3) specialized space available at only one
16 location and parking.
17 Section 40-25. Length of leases.
18 (a) Maximum term. Leases shall be for a term not to
19 exceed 10 years and shall include a termination option in
20 favor of the State after 5 years.
21 (b) Renewal. Leases may include a renewal option. An
22 option to renew may be exercised only when a State purchasing
23 officer determines in writing that renewal is in the best
24 interest of the State.
25 (c) Subject to appropriation. All leases shall recite
26 that they are subject to termination and cancellation in any
27 year for which the General Assembly fails to make an
28 appropriation to make payments under the terms of the lease.
29 Section 40-30. Purchase option. Initial leases of all
30 space in entire, free-standing buildings shall include an
31 option to purchase exerciseable by the State, unless the
32 purchasing officer determines that inclusion of such purchase
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1 option is not in the State's best interest and makes that
2 determination in writing along with the reasons for making
3 that determination. Leases from governmental units and
4 not-for-profit entities are exempt from requirements of this
5 Section.
6 Section 40-35. Rent without occupancy. Except when
7 deemed by the Board to be in the best interest of the State,
8 no State agency may incur rental obligations before occupying
9 the space rented.
10 Section 40-40. Local site preferences. Upon the request
11 of the chief executive officer of a unit of local government,
12 leasing preferences may be given to sites located in
13 enterprise zones, tax increment districts, or redevelopment
14 districts.
15 ARTICLE 42
16 CONCESSIONS
17 Section 42-10. Concessions and leases of State property.
18 (a) Authority. Concessions, including the assignment,
19 license, sale, or transfer of interests in or rights to
20 discoveries, inventions, patents, or copyrightable works, and
21 leases of State property, including easements, may be entered
22 into by the State agency with jurisdiction over the property,
23 whether tangible or intangible.
24 (b) Awards. All concessions and leases of State
25 property shall be reduced to writing and shall be awarded
26 under the provisions of Article 20, except that the contract
27 shall be awarded to the highest and best bidder or offeror.
28 Section 42-20. Contract duration and terms. The
29 duration and terms of concessions and leases of State
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1 property shall be in accordance with applicable law or rule.
2 ARTICLE 45
3 PREFERENCES
4 Section 45-5. Procurement preferences. To promote
5 business and employment opportunities in Illinois,
6 procurement preferences are established and shall be
7 applicable to any procurement made under this Code.
8 Section 45-10. Resident bidders.
9 (a) Amount of preference.
10 (1) A resident contractor shall be allowed a
11 preference as against a non-resident contractor in the
12 event of a tie bid.
13 (2) A resident contractor shall be allowed a
14 preference as against a non-resident contractor from any
15 state that gives or requires a preference to contractors
16 from that state. The preference shall be equal to the
17 preference given or required by the state of the
18 non-resident contractor.
19 (3) If only non-resident contractors are competing,
20 the purchasing agency is within its right to specify that
21 Illinois labor and manufacturing locations be used as a
22 part of the manufacturing process, if applicable. This
23 specification may be negotiated as part of the
24 procurement process.
25 (b) Residency. A resident bidder is a person authorized
26 to transact business in this State and having a bona fide
27 establishment for transacting business within this State
28 where it was actually transacting business on the date when
29 any bid for a public contract is first advertised or
30 announced. A resident bidder includes a foreign corporation
31 duly authorized to transact business in this State that has a
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1 bona fide establishment for transacting business within this
2 State where it was actually transacting business on the date
3 when any bid for a public contract is first advertised or
4 announced.
5 (c) Federal funds. This Section does not apply to any
6 contract for any project as to which federal funds are
7 available for expenditure when its provisions may be in
8 conflict with federal law or federal regulation.
9 Section 45-15. Soybean oil-based ink.
10 (a) Contracts requiring the procurement of printing
11 services shall specify the use of soybean oil-based ink
12 unless a State purchasing officer determines that another
13 type of ink is required to assure high quality and reasonable
14 pricing of the printed product.
15 (b) All other printing done by or for the State shall
16 use soybean oil-based ink unless the agency by or for whom
17 the printing is done determines that another type of ink is
18 required to assure high quality and reasonable pricing of the
19 printed product. Printing done by or for the State in
20 soybean oil-based ink shall state, if practical, that soybean
21 oil-based ink was used.
22 Section 45-20. Recycled materials. When a public
23 contract is to be awarded to the lowest responsible bidder,
24 an otherwise qualified bidder who will fulfill the contract
25 through the use of products made of recycled materials may,
26 on a pilot basis or in accordance with a pilot study, be
27 given preference over other bidders unable to do so, provided
28 that the cost included in the bid of products made of
29 recycled materials is not more than 10% greater than the cost
30 of products not made of recycled materials.
31 Section 45-25. Recyclable paper. All paper purchased
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1 for use by State agencies must be recyclable paper unless
2 recyclable paper cannot be used to meet the requirements of
3 the State agencies. State agencies shall determine their
4 paper requirements to allow the use of recyclable paper
5 whenever possible, including without limitation using plain
6 paper rather than colored paper that is not recyclable.
7 Section 45-30. Correctional industries. Notwithstanding
8 any other provision to the contrary, the Board shall, in
9 consultation with the Department of Corrections, determine
10 which articles, materials, industry related services, food
11 stuffs, and supplies that are produced or manufactured by
12 persons confined in institutions and facilities of the
13 Department of Corrections shall be given preference by
14 purchasing agencies procuring those items. The Board shall
15 develop and distribute to the various Procurement and Using
16 Agencies procedures for executing this Section.
17 Section 45-35. Sheltered workshops for the severely
18 handicapped.
19 (a) Qualification. Supplies and services may be
20 procured without advertising or calling for bids from any
21 qualified not-for-profit agency for the severely handicapped
22 that:
23 (1) complies with Illinois laws governing private
24 not-for-profit organizations;
25 (2) is certified as a sheltered workshop by the
26 Wage and Hour Division of the United States Department of
27 Labor; and
28 (3) meets the Department of Human Services just
29 standards for rehabilitation facilities.
30 (b) Participation. To participate, the not-for-profit
31 agency must have indicated an interest in providing the
32 supplies and services, must meet the specifications and needs
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1 of the using agency, and must set a fair market price.
2 (c) Committee. There is created within the jurisdiction
3 of the Board a committee to facilitate the purchase of
4 products and services of persons so severely handicapped by a
5 physical or mental disability that they cannot engage in
6 normal competitive employment. The committee shall consist
7 of the Director of Central Management Services, the Director
8 of Human Services, and 2 representatives from private
9 business and 2 public members all appointed by the Governor
10 who are knowledgeable in the needs and concerns of
11 rehabilitation facilities in Illinois. The public members
12 shall serve 2 year terms, commencing upon appointment and
13 every 2 years thereafter. A public member may be
14 reappointed, and vacancies may be filled by appointment for
15 the completion of the term. The members shall serve without
16 compensation but shall be reimbursed for expenses at a rate
17 equal to that of State employees on a per diem basis by the
18 Board. All members shall be entitled to vote on issues before
19 the 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 and the
31 Board annually.
32 (5) To prepare a publication that lists all
33 supplies and services currently available from any
34 qualified not-for-profit agency for the severely
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1 handicapped. This list and any revisions shall be
2 distributed to all purchasing agencies.
3 (6) To encourage diversity in supplies and services
4 provided by qualified not-for-profit agencies for the
5 severely handicapped and discourage unnecessary
6 duplication or competition among facilities.
7 (7) To develop guidelines to be followed by
8 qualifying agencies for participation under the
9 provisions of this Section. The guidelines shall be
10 developed within 6 months after the effective date of
11 this Code and made available on a nondiscriminatory basis
12 to all qualifying agencies.
13 (8) To review all bids submitted under the
14 provisions of this Section and reject any bid for any
15 purchase that is determined to be substantially more than
16 the purchase would have cost had it been competitively
17 bid.
18 (d) Former committee. The committee created under
19 subsection (c) shall replace the committee created under
20 Section 7-2 of the Illinois Purchasing Act, which shall
21 continue to operate until the appointments under subsection
22 (c) are made.
23 Section 45-37. Purchases from qualified private business
24 with a supported employment work force. A State agency may
25 buy products and services, without advertising or using
26 competitive procedures, from a qualified private business
27 that:
28 (1) complies with Illinois laws governing private,
29 for-profit enterprises;
30 (2) employs individuals meeting the definition of
31 supported employee;
32 (3) provides necessary supports to its supported
33 employees to assist them in maintaining their employment;
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1 (4) provides its employees with an integrated
2 setting in which:
3 (A) at least 5% and not more than 20% of
4 employees are supported employees approved by the
5 Department of Human Services;
6 (B) most interpersonal interactions of a
7 supported employment worker that are in or
8 associated with the work place are with employees of
9 that work place who are not supported employment
10 workers; and
11 (C) most (at least 50%) of the work expended
12 to produce the amount of the goods and services to
13 be sold to the State is provided by supported
14 employees;
15 (5) completes a Bidders Application form that is on
16 file with the Department of Central Management Services;
17 and
18 (6) meets the bid specifications or the needs of
19 the purchasing agency at a fair market price.
20 Those businesses must file a quarterly report with
21 Department of Central Management Services listing all
22 contracts with State agencies.
23 The State Use Committee is responsible for interpreting
24 the provisions of this Section and for monitoring and making
25 decisions regarding contracts under this Section.
26 Section 45-40. Gas mileage.
27 (a) Specification. Contracts for the purchase or lease
28 of new passenger automobiles, other than station wagons,
29 vans, four-wheel drive vehicles, emergency vehicles, and
30 police and fire vehicles, shall specify the procurement of a
31 model that, according to the most current mileage study
32 published by the U.S. Environmental Protection Agency, can
33 achieve at least the minimum average fuel economy in miles
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1 per gallon imposed upon manufacturers of vehicles under Title
2 V of The Motor Vehicle Information and Cost Savings Act.
3 (b) Exemptions. The State purchasing officer may exempt
4 procurements from the requirement of subsection (a) when
5 there is a demonstrated need, submitted in writing, for an
6 automobile that does not meet the minimum average fuel
7 economy standards. The Board shall promulgate rules for
8 determining need consistent with the intent of this Section.
9 Section 45-45. Small businesses.
10 (a) Set-asides. The Board has authority to designate as
11 small business set-asides a fair proportion of construction,
12 supply, and service contracts for award to small businesses
13 in Illinois. Advertisements for bids or offers for those
14 contracts shall specify designation as small business
15 set-asides. In awarding the contracts, only bids or offers
16 from qualified small businesses shall be considered.
17 (b) Small business. "Small business" means a business
18 that is independently owned and operated and that is not
19 dominant in its field of operation. The Board shall
20 establish a detailed definition by rule, using in addition to
21 the foregoing criteria other criteria, including the number
22 of employees and the dollar volume of business. When
23 computing the size status of a bidder, annual sales and
24 receipts of the bidder and all of its affiliates shall be
25 included. The maximum number of employees and the maximum
26 dollar volume that a small business may have under the rules
27 promulgated by the Board may vary from industry to industry
28 to the extent necessary to reflect differing characteristics
29 of those industries, subject to the following limitations:
30 (1) No wholesale business is a small business if
31 its annual sales for its most recently completed fiscal
32 year exceed $7,500,000.
33 (2) No retail business or business selling services
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1 is a small business if its annual sales and receipts
2 exceed $1,500,000.
3 (3) No manufacturing business is a small business
4 if it employs more than 250 persons.
5 (4) No construction business is a small business if
6 its annual sales and receipts exceed $3,000,000.
7 (c) Fair proportion. For the purpose of subsection (a),
8 a fair proportion of construction contracts shall be no less
9 than 25% nor more than 40% of the annual total contracts for
10 construction.
11 (d) Withdrawal of designation. A small business
12 set-aside designation may be withdrawn by the purchasing
13 agency when deemed in the best interests of the State. Upon
14 withdrawal, all bids or offers shall be rejected, and the
15 bidders or offerors shall be notified of the reason for
16 rejection. The contract shall then be awarded in accordance
17 with this Code without the designation of small business
18 set-aside.
19 (e) Small business assistance. The purchasing officers
20 shall assist small businesses by:
21 (1) Compiling and maintaining a comprehensive
22 bidders list of small businesses. In this duty, he or
23 she shall cooperate with the Federal Small Business
24 Administration in locating potential sources for various
25 products and services.
26 (2) Assisting small businesses in complying with
27 the procedures for bidding on State contracts.
28 (3) Examining requests from State agencies for the
29 purchase of property or services to help determine which
30 invitations to bid are to be designated small business
31 set-asides.
32 (4) Making recommendations to the Board for the
33 simplification of specifications and terms in order to
34 increase the opportunities for small business
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1 participation.
2 (5) Assisting in investigations by purchasing
3 agencies to determine the responsibility of bidders on
4 small business set-asides.
5 (f) Small business annual report. The State purchasing
6 officer designated under subsection (e) shall annually before
7 December 1 report in writing to the General Assembly
8 concerning the awarding of contracts to small businesses.
9 The report shall include the total value of awards made in
10 the preceding fiscal year under the designation of small
11 business set-aside.
12 The requirement for reporting to the General Assembly
13 shall be satisfied by filing copies of the report as required
14 by Section 3.1 of the General Assembly Organization Act.
15 Section 45-50. Illinois agricultural products. In
16 awarding contracts requiring the procurement of agricultural
17 products, preference may be given to an otherwise qualified
18 bidder or offeror who will fulfill the contract through the
19 use of agricultural products grown in Illinois.
20 Section 45-55. Corn-based plastics. In awarding
21 contracts requiring the procurement of plastic products,
22 preference may be given to an otherwise qualified bidder or
23 offeror who will fulfill the contract through the use of
24 plastic products made from Illinois corn by-products.
25 Section 45-60. Vehicles powered by agricultural
26 commodity-based fuel. In awarding contracts requiring the
27 procurement of vehicles, preference may be given to an
28 otherwise qualified bidder or offeror who will fulfill the
29 contract through the use of vehicles powered by ethanol
30 produced from Illinois corn or biodiesel fuels produced from
31 Illinois soybeans.
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1 Section 45-65. Additional preferences. This Code is
2 subject to applicable provisions of:
3 (1) the Public Purchases in Other States Act;
4 (2) the Illinois Mined Coal Act;
5 (3) the Steel Products Procurement Act;
6 (4) the Veterans Preference Act; and
7 (5) the Business Enterprise for Minorities,
8 Females, and Disabled Persons Act.
9 ARTICLE 50
10 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
11 Section 50-5. Bribery.
12 (a) Prohibition. No person or business shall be awarded
13 a contract or subcontract under this Code who:
14 (1) has been convicted under the laws of Illinois
15 or any other state of bribery or attempting to bribe an
16 officer or employee of the State of Illinois or any other
17 state in that officer's or employee's official capacity;
18 or
19 (2) has made an admission of guilt of that conduct
20 that is a matter of record but has not been prosecuted
21 for that conduct.
22 (b) Businesses. No business shall be barred from
23 contracting with any unit of State or local government as a
24 result of a conviction under this Section of any employee or
25 agent of the business if the employee or agent is no longer
26 employed by the business and:
27 (1) the business has been finally adjudicated not
28 guilty; or
29 (2) the business demonstrates to the governmental
30 entity with which it seeks to contract, and that entity
31 finds that the commission of the offense was not
32 authorized, requested, commanded, or performed by a
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1 director, officer, or high managerial agent on behalf of
2 the business as provided in paragraph (2) of subsection
3 (a) of Section 5-4 of the Criminal Code of 1961.
4 (c) Conduct on behalf of business. For purposes of this
5 Section, when an official, agent, or employee of a business
6 committed the bribery or attempted bribery on behalf of the
7 business and in accordance with the direction or
8 authorization of a responsible official of the business, the
9 business shall be chargeable with the conduct.
10 (d) Certification. Every bid submitted to and contract
11 executed by the State shall contain a certification by the
12 contractor that the contractor is not barred from being
13 awarded a contract or subcontract under this Section. A
14 contractor who makes a false statement, material to the
15 certification, commits a Class 3 felony.
16 Section 50-10. Felons. Unless otherwise provided, no
17 person or business convicted of a felony shall do business
18 with the State of Illinois or any State agency from the date
19 of conviction until 5 years after the date of completion of
20 the sentence for that felony, unless no person held
21 responsible by a prosecutorial office for the facts upon
22 which the conviction was based continues to have any
23 involvement with the business.
24 Section 50-15. Conflicts of interest.
25 (a) Prohibition. It is unlawful for any person holding
26 an elective office in this State, holding a seat in the
27 General Assembly, or appointed to or employed in any of the
28 offices or agencies of State government, or who is an officer
29 or employee of the Capital Development Board or the Illinois
30 Toll Highway Authority, or who is the spouse or minor child
31 of any such person to have or acquire any contract, or any
32 direct pecuniary interest in any contract therein, whether
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1 for stationery, printing, paper, or any services, materials,
2 or supplies, that will be wholly or partially satisfied by
3 the payment of funds appropriated by the General Assembly of
4 the State of Illinois or in any contract of the Capital
5 Development Board or the Illinois Toll Highway Authority.
6 (b) Interests. It is unlawful for any firm,
7 partnership, association, or corporation in which any person
8 listed in subsection (a) is entitled to receive (i) more than
9 7 1/2% of the total distributable income, or (ii) an amount
10 in excess of the salary of the Governor, whichever is lower,
11 to have or acquire any such contract or direct pecuniary
12 interest therein.
13 (c) Combined interests. It is unlawful for any firm,
14 partnership, association, or corporation in which any person
15 listed in subsection (a) together with his or her spouse or
16 minor children is entitled to receive (i) more than 15%, in
17 the aggregate, of the total distributable income, or (ii) an
18 amount in excess of 2 times the Governor's salary, whichever
19 is lower, to have or acquire any such contract or direct
20 pecuniary interest therein.
21 (d) Securities. Nothing in this Section invalidates the
22 provisions of any bond or other security previously offered
23 or to be offered for sale or sold by or for the State of
24 Illinois.
25 (e) Prior interests. This Section does not affect the
26 validity of any contract made between the State and an
27 officer or employee of the State or member of the General
28 Assembly, his or her spouse, minor child or any combination
29 of those persons if that contract was in existence before his
30 or her election or employment as an officer, member, or
31 employee. The contract is void, however, if it cannot be
32 completed within 6 months after the officer, member, or
33 employee takes office or is employed.
34 (f) Exceptions.
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1 (1) Public aid payments. This Section does not
2 apply to payments made for a public aid recipient.
3 (2) Teaching. This Section does not apply to a
4 contract for personal services as a teacher or school
5 administrator between a member of the General Assembly or
6 his or her spouse, or a State officer or employee or his
7 or her spouse, and any school district, public community
8 college district, or the State colleges and universities
9 and their governing boards.
10 (3) Ministerial duties. This Section does not
11 apply to a contract for personal services of a wholly
12 ministerial character, including but not limited to
13 services as a laborer, clerk, typist, stenographer, page,
14 bookkeeper, receptionist, or telephone switchboard
15 operator, made by a spouse or minor child of an elective
16 or appointive State officer or employee or of a member of
17 the General Assembly.
18 (4) Child and family services. This Section does
19 not apply to payments made to a member of the General
20 Assembly, a State officer or employee, his or her spouse
21 or minor child acting as a foster parent, homemaker,
22 advocate, or volunteer for or in behalf of a child or
23 family served by the Department of Children and Family
24 Services.
25 (g) Penalty. Any person convicted of a violation of
26 this Section is guilty of a business offense and shall be
27 fined not less than $1,000 nor more than $5,000.
28 Section 50-20. Negotiations.
29 (a) Prohibition. Except as provided in Section 50-25,
30 it is unlawful for any person employed in or on a continual
31 contractual relationship with any of the offices or agencies
32 of State government to participate in contract negotiations
33 on behalf of that office or agency with any firm,
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1 partnership, association, or corporation with whom that
2 person has a contract for future employment or is negotiating
3 concerning possible future employment.
4 (b) Penalty. Any person violating this Section is
5 guilty of a business offense and shall be fined not less than
6 $1,000 and not more than $5,000.
7 Section 50-25. Exemptions. The Board may exempt named
8 individuals or business from the prohibitions of Section
9 50-5, 50-10, or 50-15 when, in the discretion of the Board,
10 it is determined that the public interest in having the
11 individual in the service of the State outweighs the public
12 policy evidenced in those Sections. An exemption is
13 effective only when it is filed with the Secretary of State
14 and the Comptroller and includes a statement setting forth
15 the name of the individual and all the pertinent facts that
16 would make that Section applicable, setting forth the reason
17 for the exemption, and declaring the individual exempted from
18 that Section. Notice of each exemption shall be published in
19 the Illinois Procurement Bulletin.
20 Section 50-30. Inducement. Any person who offers or
21 pays any money or other valuable thing to any person to
22 induce him or her not to bid for a State contract or as
23 recompense for not having bid on a State contract is guilty
24 of a Class 4 felony. Any person who accepts any money or
25 other valuable thing for not bidding for a State contract or
26 who withholds a bid in consideration of the promise for the
27 payment of money or other valuable thing is guilty of a Class
28 4 felony.
29 Section 50-35. Revolving door prohibition. State
30 employees whose duties with the State were directly related
31 to procurement may not, for a period of 2 years following
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1 separation of service with the employing agency, have a
2 contract with that agency, or engage in lobbying that agency
3 whether directly or as an employee or agent of another.
4 Section 50-40. Disclosures by contractors and bidders.
5 (a) All offers from responsive bidders or offerors with
6 an annual value of more than $5,000 shall be accompanied by
7 disclosure of the financial interests of the contractor,
8 bidder, or proposer. The financial disclosure of each
9 successful bidder or offeror shall become part of the
10 publicly available contract or procurement file. The nature
11 and extent of the disclosure required by this Section shall
12 be established in rules formulated by the Board.
13 (b) The disclosure in subsection (a) is not intended to
14 prohibit or prevent any contract. The disclosure is meant to
15 fully and publicly disclose any potential conflict.
16 Section 50-45. Disclosures by State employees and
17 officers.
18 (a) Contract negotiations. Any person participating in
19 the making of a contract, or who enters into a contract, on
20 behalf of an office or agency of State government with the
21 knowledge that his or her spouse, child, parent, or sibling
22 is entitled to receive (i) more than 7.5% of the total
23 distributable income of the other contracting party or (ii)
24 an amount in excess of the salary of the Governor, whichever
25 is lower, or in which that child, parent, or sibling,
26 together with his or her spouse or minor children, is
27 entitled to receive (i) more than 15%, in the aggregate, of
28 the total distributable income of the other contracting party
29 or (ii) an amount in excess of 2 times the salary of the
30 Governor, whichever is lower, 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 copy of the statement shall be forwarded by
3 the administrative head to the Inspector General. A person
4 failing to file a statement or filing a false statement is
5 guilty of a business offense and shall be fined not less than
6 $1,000 and not more than $5,000. Any such contract is
7 contrary to public policy and may be voided at the option of
8 the State unless it is shown to be in the best interests of
9 the State. Moreover, if fraud or substantial monetary harm
10 to the State results from the nepotic element of the
11 transaction, the government officer or employee involved in
12 the element is guilty of a Class A misdemeanor.
13 (b) Other positions and contracts. Each State employee
14 is responsible for annually notifying his or her State
15 employer of contracts held by the employee or by the
16 employee's spouse and minor children and of other payroll
17 positions held by the employee. The State employee shall
18 notify his or her employer of any changes in this
19 notification at the time the changes occur.
20 Section 50-50. Identical bids. Every State agency that
21 obtains 2 or more identical bids under this Code shall inform
22 the Inspector General and the Attorney General in writing of
23 those facts within 30 days after the disposition of all bids
24 received in response for bids, whether by the awarding of the
25 contract or other action. The Attorney General shall
26 prescribe the form and manner of notification.
27 Section 50-55. Reporting of anticompetitive practices.
28 When for any reason collusion or other anticompetitive
29 practices are suspected among any bidders or offerors, a
30 notice of the relevant facts shall be transmitted to the
31 Inspector General and the Attorney General.
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1 Section 50-58. Confidentiality. The Inspector General
2 or any State purchasing officer, designee, or executive
3 officer who willfully uses or allows the use of
4 specifications, competitive bid documents, proprietary
5 competitive information, proposals, contracts, or selection
6 information to compromise the fairness or integrity of the
7 procurement, bidding, or contract process shall be subject to
8 discipline up to and including immediate dismissal,
9 regardless of the Personnel Code, and may in addition be
10 subject to criminal prosecution.
11 Section 50-60. Insider information. It is unlawful for
12 any current or former elected or appointed State official or
13 State employee to knowingly use confidential information
14 available only by virtue of that office or employment for
15 actual or anticipated personal gain or for the actual or
16 anticipated personal gain of another person.
17 Section 50-65. Supply inventory. Every State agency
18 shall inventory or stock no more than a 12-month need of
19 equipment, supplies, commodities, articles, and other items,
20 except as otherwise authorized by the State agency's
21 regulations. Every State agency shall periodically review
22 its inventory to ensure compliance with this Section. If,
23 upon review, an agency determines it has more than a 12-month
24 supply of any equipment, supplies, commodities, or other
25 items, the agency shall undertake transfers of the
26 oversupplied items or other action necessary to maintain
27 compliance with this Section. This Section shall not apply
28 to lifesaving medications, mechanical spare parts, and items
29 for which the supplier requires a minimum order stipulation.
30 Section 50-75. Suspension and debarment. Any contractor
31 may be suspended for violation of this Code or for failure to
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1 conform to specifications or terms of delivery. Suspension
2 shall be for cause and may be for a period of up to 2 years
3 at the discretion of the applicable State procurement
4 officer. Contractors may be debarred in accordance with
5 rules promulgated by the Board or as otherwise provided by
6 law.
7 Section 50-80. Additional provisions. This Code is
8 subject to applicable provisions of the following Acts:
9 (1) Article 33E of the Criminal Code of 1961;
10 (2) the Illinois Human Rights Act;
11 (3) the Discriminatory Club Act;
12 (4) the Illinois Governmental Ethics Act;
13 (5) the State Prompt Payment Act;
14 (6) the Public Officer Prohibited Activities Act;
15 and
16 (7) the Drug Free Workplace Act.
17 Section 50-85. Other violations.
18 (a) The Inspector General or any State purchasing
19 officer or designee who willfully violates or allows the
20 violation of this Code shall be subject to discipline up to
21 and including immediate dismissal, regardless of the
22 Personnel Code.
23 (b) Except as otherwise provided in this Code, whoever
24 violates this Code or the rules promulgated under it is
25 guilty of a Class A misdemeanor.
26 ARTICLE 90
27 MISCELLANEOUS PROVISIONS
28 Section 90-5. References to repealed provisions. After
29 the effective date of this Act, all references to the
30 provisions of law repealed by this Act shall be construed,
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1 where necessary and appropriate, as references to the
2 Illinois Procurement Code.
3 Section 90-10. Severability. If any provision of this
4 Code or any application of it to any person or circumstance
5 is held invalid, that invalidity shall not affect other
6 provisions or applications of this Code that can be given
7 effect without the invalid provision or application, and to
8 this end the provisions of this Code are declared to be
9 severable.
10 Section 90-20. Voidable contracts. If any contract is
11 entered into or purchase or expenditure of funds is made in
12 violation of this Code or any other law, the contract may be
13 declared void by the purchasing officer, or may be
14 terminated, ratified and affirmed, provided it is determined
15 that ratification is in the best interests of the State. If
16 the contract is ratified and affirmed, it shall be without
17 prejudice to the State's rights to any appropriate damages.
18 ARTICLE 95
19 AMENDATORY AND REPEALING PROVISIONS
20 Section 95-5. The Governmental Joint Purchasing Act is
21 amended by changing Section 3 as follows:
22 (30 ILCS 525/3) (from Ch. 85, par. 1603)
23 Sec. 3. Any agreement of the governmental units which
24 desire to make joint purchases, one of the governmental units
25 shall conduct the letting of bids. Where the State of
26 Illinois is a party to the joint purchase agreement, the
27 Department of Central Management Services shall conduct the
28 letting of bids. Expenses of such bid-letting may be shared
29 by the participating governmental units in proportion to the
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1 amount of personal property, supplies or services each unit
2 purchases.
3 When the State of Illinois is a party to the joint
4 purchase agreement, the acceptance of bids shall be in
5 accordance with the Illinois Procurement Code and rules
6 promulgated under that Code. When the State of Illinois is
7 not a party to the joint purchase agreement, the acceptance
8 of bids shall be governed by the agreement.
9 The personal property, supplies or services involved
10 shall be distributed or rendered directly to each
11 governmental unit taking part in the purchase. The person
12 selling the personal property, supplies or services may bill
13 each governmental unit separately for its proportionate share
14 of the cost of the personal property, supplies or services
15 purchased.
16 The credit or liability of each governmental unit shall
17 remain separate and distinct. Disputes between bidders and
18 governmental units shall be resolved between the immediate
19 parties.
20 (Source: P.A. 87-860.)
21 (15 ILCS 405/11 rep.)
22 (15 ILCS 405/15 rep.)
23 Section 95-10. The State Comptroller Act is amended by
24 repealing Sections 11 and 15.
25 (20 ILCS 5/29 rep.)
26 (20 ILCS 5/30 rep.)
27 (20 ILCS 405/35.7b rep.)
28 (20 ILCS 405/67.01 rep.)
29 (20 ILCS 405/67.04 rep.)
30 Section 95-15. The Civil Administrative Code of Illinois
31 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
32 67.04.
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1 Section 95-16. The Civil Administrative Code of Illinois
2 is amended by changing Section 67.02 as follows:
3 (20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
4 Sec. 67.02. (a) To lease or purchase office and storage
5 space, buildings, land and other facilities for all State
6 agencies, authorities, boards, commissions, departments,
7 institutions, bodies politic and all other administrative
8 units or outgrowths of the executive branch of State
9 government except the Constitutional officers, the State
10 Board of Education and the State colleges and universities
11 and their governing bodies. However, before leasing or
12 purchasing any office or storage space, buildings, land or
13 other facilities in any municipality the Department shall
14 survey the existing State-owned and State-leased property to
15 make a determination of need. Such leases shall be for a
16 term not to exceed 5 years, except that such leases may
17 contain a renewal clause subject to acceptance by the State
18 after that date or an option to purchase. Such purchases
19 shall be made through contracts which may provide for the
20 title to the property to transfer immediately to the State or
21 a trustee or nominee for the benefit of the State and which
22 shall: provide for the consideration to be paid in
23 installments to be made at stated intervals during a certain
24 term not to exceed 30 years from the date of the contract and
25 may provide for the payment of interest on the unpaid balance
26 at a rate that does not exceed a rate determined by adding 3
27 percentage points to the annual yield on United States
28 Treasury obligations of comparable maturity as most recently
29 published in the Wall Street Journal at the time such
30 contract is signed. Such leases and purchase contracts shall
31 be and shall recite that they are subject to termination and
32 cancellation in any year for which the General Assembly fails
33 to make an appropriation to pay the rent or purchase
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1 installments payable under the terms of the lease or purchase
2 contract. Additionally such purchase contract shall specify
3 that title to the office and storage space, buildings, land
4 and other facilities being acquired under such a contract
5 shall revert to the Seller in the event of the failure of
6 the General Assembly to appropriate suitable funds.
7 However, this limitation on the term of such leases does not
8 apply to leases to and with the Illinois Building Authority,
9 as provided for in the Act enacted by the Seventy-second
10 General Assembly entitled the Building Authority Act, which
11 leases to and with said Authority may be entered into for a
12 term not to exceed 30 years and shall be and shall recite
13 that they are subject to termination and cancellation in any
14 year for which the General Assembly fails to make an
15 appropriation to pay the rent payable under the terms of such
16 lease. These limitations do not apply where the lease or
17 purchase contract contains a provision limiting the liability
18 for the payment of the rentals or installments thereof solely
19 to funds received from the Federal government.
20 (b) To lease from an airport authority office, aircraft
21 hangar and service buildings constructed upon a public
22 airport under the Airport Authorities Act for the use and
23 occupancy of the State Department of Transportation, which
24 lease may be entered into for a term not to exceed 30 years.
25 (c) To establish training programs for teaching State
26 leasing procedures and practices to new employees of the
27 Department and to keep all employees of the Department
28 informed about current leasing practices and developments in
29 the real estate industry.
30 (d) To enter into an agreement with a municipality or
31 county to construct, remodel or convert a structure for the
32 purposes of its serving as a correctional institution or
33 facility pursuant to paragraph (c) of Section 3-2-2 of the
34 Unified Code of Corrections.
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1 (e) To enter into an agreement with a private
2 individual, trust, partnership or corporation or a
3 municipality or other unit of local government, when
4 authorized to do so by the Department of Corrections, whereby
5 such individual, trust, partnership or corporation or
6 municipality or other unit of local government will
7 construct, remodel or convert a structure for the purposes of
8 its serving as a correctional institution or facility and
9 then lease such structure to the Department for the use of
10 the Department of Corrections. A lease entered into pursuant
11 to the authority granted in this subsection shall be for a
12 term not to exceed 30 years, but may grant to the State the
13 option to purchase the structure outright.
14 Such leases shall be and shall recite that they are
15 subject to termination and cancellation in any year for which
16 the General Assembly fails to make an appropriation to pay
17 the rent payable under the terms of the lease.
18 (f) On and after September 17, 1983, the powers granted
19 to the Department under this Section shall be exercised
20 exclusively by the Department and no other State agency may
21 concurrently exercise any such power, unless specifically
22 authorized otherwise by a later enacted law. This subsection
23 is not intended to impair any contract existing as of
24 September 17, 1983.
25 However, no lease for more than 10,000 square feet of
26 space shall be executed unless the Director in consultation
27 with the Executive Director of the Capital Development Board
28 has certified that leasing is in the best interest of the
29 State, considering programmatic requirements, availability of
30 vacant State-owned space, the cost-benefits of purchasing or
31 constructing new space and other criteria as he shall
32 determine. The Director shall not permit multiple leases for
33 less than 10,000 square feet to be executed in order to evade
34 this provision.
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1 (g) To develop and implement, in cooperation with the
2 Interagency Energy Conservation Committee, a system for
3 evaluating energy consumption in facilities leased by the
4 Department, and to develop energy consumption standards for
5 use in evaluating prospective lease sites.
6 (h) (1) After the effective date of this amendatory Act
7 of 1997, the Department shall not enter into an agreement
8 for the installment purchase or lease purchase of
9 buildings, land, or facilities unless:
10 (A) the using agency certifies to the
11 Department that the agency reasonably expects the
12 building, land, or facilities being considered for
13 purchase will meet a permanent space need;
14 (B) the building or facilities will be
15 substantially occupied by State agencies after
16 purchase (or after acceptance in the case of a build
17 to suit);
18 (C) the building or facilities shall be in new
19 or like new condition and have a remaining economic
20 life exceeding the term of the contract;
21 (D) no structural or other major building
22 component or system shall have a remaining economic
23 life of less than 10 years;
24 (E) the building, land or facilities:
25 (i) is free of any identifiable
26 environmental hazard, or
27 (ii) is subject to a management plan,
28 provided by the seller and acceptable to the
29 State, to address the known environmental
30 hazard;
31 (F) the building, land, or facilities satisfy
32 applicable handicap accessibility and applicable
33 building codes; and
34 (G) the State's cost to lease purchase or
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1 installment purchase the building, land, or
2 facilities is less than the cost to lease space of
3 comparable quality, size, and location over the
4 lease purchase or installment purchase term.
5 (2) The Department shall establish the methodology
6 for comparing lease costs to the costs of installment or
7 lease purchases. The cost comparison shall take into
8 account all relevant cost factors including, but not
9 limited to, debt service, operating and maintenance
10 costs, insurance and risk costs, real estate taxes,
11 reserves for replacement and repairs, security costs, and
12 utilities. Such methodology shall also provide:
13 (A) that the comparison will be made using
14 level payment plans; and
15 (B) that a purchase price must not exceed the
16 fair market value of the buildings, land, or
17 facilities, and that such price must be
18 substantiated by an appraisal or by a competitive
19 selection process in accordance with the Illinois
20 Procurement Code.
21 (3) If the Department intends to enter into an
22 installment purchase or lease purchase agreement for
23 buildings, land, or facilities under circumstances that
24 do not satisfy the conditions specified by this Section,
25 it must issue a notice to the Secretary of the Senate and
26 the Clerk of the House. Such notice shall contain (i)
27 specific details of the State's proposed purchase,
28 including the amounts, purposes, and financing terms;
29 (ii) a specific description of how the proposed purchase
30 varies from the procedures set forth in this Section; and
31 (iii) a specific justification, signed by the Director,
32 of why it is in the State's best interests to proceed
33 with the purchase. The Department may not proceed with
34 such an installment purchase or lease purchase agreement
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1 if, within 60 calendar days after delivery of the notice,
2 the General Assembly, by joint resolution, disapproves
3 the transaction. Delivery may take place on a day and at
4 an hour when the Senate and House are not in session so
5 long as the offices of Secretary and Clerk are open to
6 receive the notice. In determining the 60 day period
7 within which the General Assembly must act, the day on
8 which delivery is made to the Senate and House shall not
9 be counted. If delivery of the notice to the 2 houses
10 occurs on different days, the 60 day period shall begin
11 on the day following the later delivery.
12 (4) On or before February 15 of each year, the
13 Department shall submit an annual report to the Director
14 of the Bureau of the Budget and the General Assembly
15 regarding installment purchases or lease purchases of
16 buildings, land, or facilities that were entered into
17 during the preceding calendar year. The report shall
18 include a summary statement of the aggregate amount of
19 the State's obligations under such purchases; specific
20 details pertaining to each purchase, the amounts,
21 purposes, and financing terms and payment schedule for
22 each purchase; and any other matter that the Department
23 deems advisable.
24 The requirement for reporting to the General
25 Assembly shall be satisfied by filing copies of the
26 report with the Auditor General, the Speaker, the
27 Minority Leader, and the Clerk of the House of
28 Representatives and the President, the Minority Leader,
29 and the Secretary of the Senate, the Chairs of the
30 Appropriations Committees, and the Legislative Research
31 Unit, as required by Section 3.1 of the General Assembly
32 Organization Act, and filing such additional copies with
33 the State Government Report Distribution Center for the
34 General Assembly as is required under paragraph (t) of
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1 Section 7 of the State Library Act.
2 (5) Installment purchase and lease purchase
3 agreements for buildings, land, and facilities, whether
4 entered into under this Section or as specified in
5 paragraph (3) of this subsection, are subject to the
6 Illinois Procurement Code.
7 (Source: P.A. 90-520, eff. 6-1-98.)
8 Section 95-17. The Personnel Code is amended by adding
9 Section 25 as follows:
10 (20 ILCS 415/25 new)
11 Sec. 25. Illinois Procurement Code. This Code is
12 subject to the provisions of the Illinois Procurement Code.
13 (20 ILCS 1015/13 rep.)
14 Section 95-20. The Public Employment Office Act is
15 amended by repealing Section 13.
16 (30 ILCS 505/Act rep.)
17 Section 95-25. The Illinois Purchasing Act is repealed.
18 (30 ILCS 510/Act rep.)
19 Section 95-30. The State Paper Purchasing Act is
20 repealed.
21 (30 ILCS 515/Act rep.)
22 Section 95-35. The State Printing Contracts Act is
23 repealed.
24 (30 ILCS 563/Act rep.)
25 Section 95-37. The Real Estate Leasing Act is repealed.
26 (30 ILCS 615/Act rep.)
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1 Section 95-40. The State Vehicle Mileage Act is
2 repealed.
3 Section 95-45. The Toll Highway Act is amended by
4 changing Sections 3, 8, 16, and 16.1 as follows:
5 (605 ILCS 10/3) (from Ch. 121, par. 100-3)
6 Sec. 3. There is hereby created an Authority to be known
7 as The Illinois State Toll Highway Authority, which is hereby
8 constituted an instrumentality and an administrative agency
9 of the State of Illinois. The said Authority shall consist of
10 11 directors; the Governor and the Secretary of the
11 Department of Transportation, ex officio, and 9 directors
12 appointed by the Governor with the advice and consent of the
13 Senate, from the State at large, which said directors and
14 their successors are hereby authorized to carry out the
15 provisions of this Act, and to exercise the powers herein
16 conferred. Of the 9 directors appointed by the Governor, no
17 more than 5 shall be members of the same political party.
18 Vacancies shall be filled for the unexpired term in the same
19 manner as original appointments. All appointments shall be in
20 writing and filed with the Secretary of State as a public
21 record. It is the intention of this section that the
22 Governor's appointments shall be made with due consideration
23 to the location of proposed toll highway routes so that
24 maximum geographic representation from the areas served by
25 said toll highway routes may be accomplished insofar as
26 practicable. The said Authority shall have the power to
27 contract and be contracted with, in accordance with the
28 Illinois Procurement Code in the case of procurement
29 contracts, to acquire, hold and convey personal and real
30 property or any interest therein including rights of way,
31 franchises and easements; to have and use a common seal, and
32 to alter the same at will; to make and establish resolutions,
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1 by-laws, rules, rates and regulations, and to alter or repeal
2 the same as the Authority shall deem necessary and expedient
3 for the construction, operation, relocation, regulation and
4 maintenance of a system of toll highways within and through
5 the State of Illinois.
6 Appointment of the additional directors provided for by
7 this amendatory Act of 1980 shall be made within 30 days
8 after the effective date of this amendatory Act of 1980.
9 (Source: P.A. 86-1164.)
10 (605 ILCS 10/8) (from Ch. 121, par. 100-8)
11 Sec. 8. The Authority shall have the power:
12 (a) To acquire, own, use, hire, lease, operate and
13 dispose of personal property, real property, any interest
14 therein, including rights-of-way, franchises and easements.
15 (b) To enter into all contracts and agreements necessary
16 or incidental to the performance of its powers under this
17 Act. All employment contracts let under this Act shall be in
18 conformity with the applicable provisions of the Prevailing
19 Wage Act "An Act regulating wages of laborers, mechanics and
20 other workers employed under contracts for public works,"
21 approved June 26, 1941, as amended.
22 (c) To employ and discharge, without regard to the
23 requirements of any civil service or personnel act, such
24 administrative, engineering, traffic, architectural,
25 construction, and financial experts, and inspectors, and such
26 other employees, as are necessary in the Authority's judgment
27 to carry out the purposes of this Act; and to establish and
28 administer standards of classification of all of such persons
29 with respect to their compensation, duties, performance, and
30 tenure; and to enter into contracts of employment with such
31 persons for such periods and on such terms as the Authority
32 deems desirable.
33 (d) To appoint by and with the consent of the Attorney
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1 General, assistant attorneys for such Authority, which said
2 assistant attorneys shall be under the control, direction and
3 supervision of the Attorney General and shall serve at his
4 pleasure.
5 (e) To retain special counsel, subject to the approval
6 of the Attorney General, as needed from time to time, and fix
7 their compensation, provided however, such special counsel
8 shall be subject to the control, direction and supervision of
9 the Attorney General and shall serve at his pleasure.
10 (f) To acquire, construct, relocate, operate, regulate
11 and maintain a system of toll highways through and within the
12 State of Illinois. However, the Authority does not have the
13 power to acquire, operate, regulate or maintain any system of
14 toll highways or toll bridges or portions of them (including
15 but not limited to any system organized pursuant to Division
16 108 of Article 11 of the Illinois Municipal Code) in the
17 event either of the following conditions exists at the time
18 the proposed acquisition, operation, regulation or
19 maintenance of such system is to become effective:
20 (1) the principal or interest on bonds or other
21 instruments evidencing indebtedness of the system are in
22 default; or
23 (2) the principal or interest on bonds or other
24 instruments evidencing indebtedness of the system have been
25 in default at any time during the 5 year period prior to the
26 proposed acquisition.
27 To facilitate such construction, operation and
28 maintenance and subject to the approval of the Division of
29 Highways of the Department of Transportation, the Authority
30 shall have the full use and advantage of the engineering
31 staff and facilities of the Department.
32 The powers of the Authority are subject to the Illinois
33 Procurement Code.
34 (Source: P.A. 83-1258.)
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1 (605 ILCS 10/16) (from Ch. 121, par. 100-16)
2 Sec. 16. All contracts let for the construction of any
3 work authorized to be done under the provisions of the Act
4 shall be procured in accordance with the Illinois Procurement
5 Code, where the amount thereof is in excess of the sum of
6 $10,000, shall be let to the lowest responsible bidder, or
7 bidders, on open, competitive bidding after public
8 advertisement made at least 15 days prior to the opening of
9 bids, in a newspaper of general circulation published in each
10 of the seven largest cities of the State, as determined by
11 the last preceding Federal census, in such manner and at such
12 intervals, as may be prescribed by the Authority except for
13 contracts for the completion of a terminated or defaulted
14 contract. The successful bidders for such work shall enter
15 into contracts furnished and prescribed by the Authority.
16 Such Contracts shall contain a provision that a such
17 successful bidder shall indemnify and save harmless the State
18 of Illinois for any accidental injuries or damages arising
19 out of his or her negligence in the performance of such
20 contract, and shall, and in addition, execute and give bonds,
21 payable to the Authority, with a corporate surety authorized
22 to do business under the laws of the State of Illinois, equal
23 to at least 50% of the contract price, one conditioned upon
24 faithful performance of the contract and the other for the
25 payment of all labor furnished and materials supplied in the
26 prosecution of the contracted work.
27 (Source: P.A. 86-1164.)
28 (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
29 Sec. 16.1. (A) All contracts for services or supplies
30 required from time to time by the Authority in the
31 maintenance and operation of any toll highway or part thereof
32 under the provisions of this Act or all direct contracts for
33 supplies to be used in the construction of any toll highway
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1 or part thereof to be awarded under this Section, rather than
2 as a part of a contract pursuant to Section 16 of this Act,
3 shall be procured in accordance with the Illinois Procurement
4 Code, when the amount of any such supplies or services is in
5 excess of the sum of $7,500 shall be let to the lowest
6 responsible bidder or bidders, on open, competitive bidding
7 after public advertisement made at least 5 days prior to the
8 opening of bids, in a newspaper of general circulation in any
9 city of over 500,000 population, or in any county through
10 which the tollway passes, in such manner and on one or more
11 occasions as may be prescribed by the Authority, except that
12 bidding shall not be required in the following cases:
13 1. Where the goods or services to be procured are
14 economically procurable from only one source, such as
15 contracts for telephone service, electric energy and
16 other public utility services, housekeeping services,
17 books, pamphlets and periodicals and specially designed
18 business equipment and software.
19 2. Where the services required are for
20 professional, technical or artistic skills.
21 3. Where the services required are for advertising,
22 promotional and public relations services.
23 4. In emergencies, provided that an affidavit of
24 the person or persons authorizing the expenditure shall
25 be filed with the Authority and the Auditor General
26 within 10 days after such authorization setting forth the
27 conditions and circumstances requiring the emergency
28 purchase, the amount expended and the name of the vendor
29 or contractor involved; if only an estimate is available,
30 however, within the 10 days allowed for filing the
31 affidavit, the actual cost shall be reported immediately
32 after it is determined.
33 5. In case of expenditures for personal services.
34 6. Contracts for equipment and spare parts in
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1 support thereof for the maintenance and operation of any
2 toll highway, or any part thereof, whenever, the
3 Authority shall, by resolution, declare and find that a
4 particular make and type of equipment is required for
5 efficient maintenance and operation and proper servicing,
6 for uniformity in and integration with the spare parts
7 program and inventory control, or for other reasons
8 peculiar to the problems of the toll highway or its
9 previously acquired equipment; however, competition and
10 competitive bids shall be obtained by the Authority with
11 respect to such specified equipment or spare parts,
12 insofar as possible, and when effective, pursuant to
13 public advertisement as hereinbefore provided.
14 7. Contracts for insurance, fidelity and surety
15 bonds.
16 8. Contracts or agreements for the completion of a
17 terminated or defaulted contract or agreement.
18 (B) The solicitation for bids shall be in conformance
19 with accepted business practices and the method of
20 solicitation shall be set out in detail in the rules and
21 regulations of the Authority.
22 (C) Proposals received pursuant to public advertisement
23 shall be publicly opened at the day and hour and at the place
24 specified in the solicitation for such bids.
25 (D) Successful bidders for such services and supplies
26 shall enter into contracts furnished and prescribed by the
27 Authority.
28 (E) All purchases, contracts or other obligations or
29 expenditures of funds by the Authority shall be in accordance
30 with rules and regulations governing the Authority's
31 procurement practice and procedures and
32 The Authority shall promulgate and publish its
33 procurement such practices and procedures in sufficient
34 number for distribution to persons interested in bidding on
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1 purchases or contracts to be let by the Authority. Such rules
2 and regulations shall be kept on file with the Secretary of
3 the Authority at all times and shall be available for
4 inspection by members of the public at all reasonable times
5 and hours.
6 Such rules and regulations shall be filed and become
7 effective in connection with the Illinois Administrative
8 Procedure Act.
9 (F) Any contract entered into for purchase or
10 expenditure of funds of the Authority made in violation of
11 this Act or the rules and regulations in pursuance thereof is
12 void and of no effect.
13 (G) Warrant. All sellers to the Authority shall attach a
14 statement to the delivery invoice attesting that the
15 standards set forth in the contracts have been met. The
16 statement shall be substantially in the following form:
17 "The Seller,.... hereby certifies that the goods,
18 merchandise and wares shipped in accordance with the attached
19 delivery invoice have met all the required standards set
20 forth in the purchasing contract.
21 ....(Seller)."
22 Failure to attach the statement (H) Whoever violates the
23 provisions of this Section, or the rules and regulations
24 adopted in pursuance thereof, is guilty of a Class A
25 misdemeanor.
26 (Source: P.A. 86-1164.)
27 ARTICLE 98
28 HUMAN SERVICES DELIVERY ACT
29 Section 98-1. Short title. This Article may be cited as
30 the Human Services Delivery Act.
31 Section 98-5. Legislative findings and declaration of
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1 policy.
2 (a) The purpose of this Article is to set forth a
3 program to better provide human services to needy citizens of
4 the State of Illinois. The State of Illinois contracts with
5 or provides grants to private entities for the purpose of
6 providing residential and day treatment services to the
7 mentally ill and developmentally disabled. The State of
8 Illinois enters into these contracts and provides these
9 grants in order to best provide the human services necessary
10 for the care and development of its neediest citizens.
11 (b) The legislature finds that the needs of its mentally
12 ill and developmentally disabled citizens cannot be met if
13 the services provided to them through contracts or grants
14 between the State of Illinois and private providers are
15 subject to disruption. The legislature further finds that
16 the services are most likely to be disrupted if the private
17 providers of the services have illegally interfered with the
18 rights of the private providers' employees under federal law.
19 Private providers or employers found guilty of violating the
20 National Labor Relations Act are most likely to be subject to
21 strikes and other work stoppages by their employees, which
22 strikes or work stoppages have a detrimental effect on the
23 services being provided to Illinois citizens who are mentally
24 ill or developmentally disabled.
25 (c) It is hereby declared to be the policy of the State
26 of Illinois that in order to prevent the disruption of
27 residential and day treatment services to the mentally ill
28 and developmentally disabled citizens, the State of Illinois
29 shall not contract with or provide grants to private
30 providers to provide these services if the private provider
31 has been found to have violated the National Labor Relations
32 Act by committing 3 or more unfair labor practices in any 24
33 month period in the 3 years preceding the effective date or
34 renewal date of the contract, agreement, or grant.
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1 Section 98-10. Definitions. As used in this Article,
2 unless the context otherwise requires:
3 "Contractor or grantee" means an entity other than the
4 State of Illinois, a department of the State of Illinois, or
5 political subdivision of the State of Illinois which has a
6 contractual or other relationship with the State of Illinois
7 or a department of the State of Illinois to provide
8 residential or day treatment services to the mentally ill or
9 developmentally disabled, which contract is funded in whole
10 or in part by the State of Illinois or through the Medicaid
11 Program of the State of Illinois.
12 "National Labor Relations Act" means the federal statute,
13 found at 29 U.S.C. Section 101, et seq., as amended.
14 "Violation of the National Labor Relations Act" means a
15 decision by the National Labor Relations Board that the
16 National Labor Relations Act has been violated.
17 Section 98-20. Certification. No grantee or contractor
18 shall receive a grant or be considered for the purposes of
19 being awarded a contract for providing residential or day
20 treatment services for the mentally ill or developmentally
21 disabled, unless that grantee or contractor has certified to
22 the State of Illinois or to the granting or contracting
23 agency that it has not been found to have committed 3 or more
24 unfair labor practices during a 24 month period in the 3
25 years preceding the effective date of the contract or grant.
26 Section 98-25. Suspension or termination of the contract
27 or grant. Each contract or grant awarded by the State of
28 Illinois shall be subject to suspension of payments or
29 termination or both if it is determined that:
30 (a) The contractor or grantee has made a false
31 certification under Section 98-20 of this Article; or
32 (b) The contractor or grantee, after the effective date
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1 of the contract or grant, is found to have committed 3 or
2 more unfair labor practices during a 24 month period under
3 the National Labor Relations Act.
4 Section 98-30. Debarment. Any contractor or grantee who
5 files a false certification under Section 98-20 or whose
6 contract or grant is suspended or terminated under Section
7 98-25 shall be debarred from seeking or obtaining a new
8 contract or grant covered under this Article for a period of
9 one year from the date that the contract or grant was
10 terminated or suspended.
11 Section 98-35. Suspension, termination or debarment
12 proceedings; remediation.
13 (a) In any determination proceeding for suspension of
14 payment, termination, or debarment pursuant to this Article,
15 the only question shall be whether the contractor or grantee
16 has violated the National Labor Relations Act as defined by
17 this Article.
18 (b) All proceedings for suspension of payment,
19 termination, or debarment pursuant to this Article shall be
20 conducted in accordance with the Illinois Administrative
21 Procedure Act.
22 (c) Upon notice to the Department of Human Services from
23 a labor organization that a complaint has been issued by the
24 National Labor Relations Board against a contractor or
25 grantee, the Department shall at the request of the labor
26 organization convene a remediation session between the labor
27 organization and the contractor or grantee. The Department
28 shall establish rules concerning the conduct of the sessions.
29 (d) As minor violations of a technical nature are not
30 likely to result in interference with employees' rights
31 sufficient to cause significant disruption in the provision
32 of essential services, nothing herein shall preclude the
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1 Department from making a finding that the violations were of
2 a technical nature with only de minimus impact on the rights
3 guaranteed under the National Labor Relations Act.
4 ARTICLE 99
5 EFFECTIVE DATE
6 Section 99-5. Effective date and transition. This
7 Article 99 and Article 98 take effect upon becoming law.
8 Article 95 takes effect January 1, 1999. Articles 1 through
9 90 take effect upon becoming law solely for the purposes of
10 appointment of the Procurement Policy Board and allowing the
11 Procurement Policy Board and State agencies designated under
12 Article 5 to promulgate rules to implement this Code.
13 Articles 1 through 90, for all other purposes, take effect
14 January 1, 1999.
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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 405/67.02 from Ch. 127, par. 63b13.2
12 20 ILCS 415/25 new
13 20 ILCS 1015/13 rep.
14 30 ILCS 505/Act rep.
15 30 ILCS 510/Act rep.
16 30 ILCS 515/Act rep.
17 30 ILCS 563/Act rep.
18 30 ILCS 615/Act rep.
19 605 ILCS 10/3 from Ch. 121, par. 100-3
20 605 ILCS 10/8 from Ch. 121, par. 100-8
21 605 ILCS 10/16 from Ch. 121, par. 100-16
22 605 ILCS 10/16.1 from Ch. 121, par. 100-16.1