Bill Amendment: IL HB2770 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCUREMENT-VETERAN SET-ASIDE

Status: 2022-05-06 - Public Act . . . . . . . . . 102-0721 [HB2770 Detail]

Download: Illinois-2021-HB2770-Senate_Amendment_002.html

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Sen. Antonio Muñoz

Filed: 4/8/2022

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AMENDMENT TO HOUSE BILL 2770
AMENDMENT NO. ______. Amend House Bill 2770, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 1-10, 1-12, 1-13, 1-15.12, 1-15.107,
1-15.108, 20-20, 20-60, 20-75, 20-120, 35-40, 40-25, 50-11,
50-35, and 50-39 and by adding Sections 30-60, 45-105, 50-90,
and 55-25 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation

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prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10

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calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the

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Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification

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required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural

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water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination

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that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor

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and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by its other similarly
situated employees without disabilities, and (iv) that
allow a customer, client, claimant, or member of the
public seeking State services full use and enjoyment of
and access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that

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is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) (19) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and Section
16-108.18 of the Public Utilities Act or an ombudsman
pursuant to Section 16-107.5 of the Public Utilities Act,
a facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a

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report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).

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(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures

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necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
eff. 9-15-21; revised 11-23-21.)
(30 ILCS 500/1-12)
Sec. 1-12. Applicability to artistic or musical services.
(a) This Code shall not apply to procurement expenditures
necessary to provide artistic or musical services,
performances, or theatrical productions held at a venue
operated or leased by a State agency.
(b) Notice of each contract with an annual value of more
than $100,000 entered into by a State agency that is related to
the procurement of goods and services identified in this
Section shall be published in the Illinois Procurement
Bulletin within 14 calendar days after contract execution. The
chief procurement officer shall prescribe the form and content
of the notice. Each State agency shall provide the chief
procurement officer, on a monthly basis, in the form and
content prescribed by the chief procurement officer, a report
of contracts that are related to the procurement of supplies
and services identified in this Section. At a minimum, this

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report shall include the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. A copy of any or all of these contracts shall be
made available to the chief procurement officer immediately
upon request. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) (Blank).
(d) The General Assembly finds and declares that:
(1) This amendatory Act of the 100th General Assembly
manifests the intention of the General Assembly to remove
the repeal of this Section.
(2) This Section was originally enacted to protect,
promote, and preserve the general welfare. Any
construction of this Section that results in the repeal of
this Section on December 31, 2016 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.
It is hereby declared to have been the intent of the
General Assembly that this Section not be subject to repeal on
December 31, 2016.
This Section shall be deemed to have been in continuous
effect since August 3, 2012 (the effective date of Public Act

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97-895), and it shall continue to be in effect henceforward
until it is otherwise lawfully repealed. All previously
enacted amendments to this Section taking effect on or after
December 31, 2016, are hereby validated.
All actions taken in reliance on or pursuant to this
Section in the procurement of artistic or musical services are
hereby validated.
In order to ensure the continuing effectiveness of this
Section, it is set forth in full and re-enacted by this
amendatory Act of the 100th General Assembly. This
re-enactment is intended as a continuation of this Section. It
is not intended to supersede any amendment to this Section
that is enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of this Section is set forth as amended by Public Act
98-1076. Striking and underscoring is used only to show
changes being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-13)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher

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education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall
not apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public
institution of higher education, an employee of a public
institution of higher education, or a student at a public
institution of higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a
majority of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
athletic, artistic or musical services, performances,
events, or productions by or for a public institution of
higher education.
(5) Procurement expenditures for periodicals, books,
subscriptions, database licenses, and other publications
procured for use by a university library or academic

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department, except for expenditures related to procuring
textbooks for student use or materials for resale or
rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and for
medical residencies and rotations.
(7) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(8) Procurement expenditures necessary to perform
sponsored research and other sponsored activities under
grants and contracts funded by the sponsor or by sources
other than State appropriations.
(9) Contracts with a foreign entity for research or
educational activities, provided that the foreign entity
either does not maintain an office in the United States or
is the sole source of the service or product.
Notice of each contract with an annual value of more than
$100,000 entered into by a public institution of higher
education that is related to the procurement of goods and
services identified in items (1) through (9) of this
subsection shall be published in the Procurement Bulletin
within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of
the notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in

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the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name
of the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the
provisions of this Code shall not apply to contracts for
medical supplies, and to contracts for medical services
necessary for the delivery of care and treatment at medical,
dental, or veterinary teaching facilities utilized by Southern
Illinois University or the University of Illinois and at any
university-operated health care center or dispensary that
provides care, treatment, and medications for students,
faculty and staff. Other supplies and services needed for
these teaching facilities shall be subject to the jurisdiction
of the Chief Procurement Officer for Public Institutions of
Higher Education who may establish expedited procurement
procedures and may waive or modify certification, contract,

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hearing, process and registration requirements required by the
Code. All procurements made under this subsection shall be
documented and may require publication in the Illinois
Procurement Bulletin.
(b-10) Procurements made by or on behalf of the University
of Illinois for investment services scheduled to expire June
2022 2021 may be extended through June 2024 2022 without being
subject to the requirements of this Code. Any contract
extended, renewed, or entered pursuant to this exception shall
be published on the Executive Ethics Commission's website
within 5 days of contract execution. This subsection is
inoperative on and after July 1, 2024 2022.
(c) Procurements made by or on behalf of public
institutions of higher education for the fulfillment of a
grant shall be made in accordance with the requirements of
this Code to the extent practical.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive contract,
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply
with the provisions of this Code. The Chief Procurement

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Officer shall provide written justification for any waivers.
By November 1 of each year, the Chief Procurement Officer
shall file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after
contract execution. The Chief Procurement Officer shall
prescribe the form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a
business entity and any affiliated entities or affiliated
persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid

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or contract is essential to research administered by the
public institution of higher education and it is in the best
interest of the public institution of higher education to
accept the bid or contract. For purposes of this subsection,
"business" includes all individuals with whom a business is
affiliated, including, but not limited to, any officer, agent,
employee, consultant, independent contractor, director,
partner, manager, or shareholder of a business. The Executive
Ethics Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of
the grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) (Blank).
(h) The General Assembly finds and declares that:

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(1) Public Act 98-1076, which took effect on January
1, 2015, changed the repeal date set for this Section from
December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules
on the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 100th General Assembly
manifests the intention of the General Assembly to remove
the repeal of this Section.
(4) This Section was originally enacted to protect,
promote, and preserve the general welfare. Any
construction of this Section that results in the repeal of
this Section on December 31, 2014 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.
It is hereby declared to have been the intent of the
General Assembly that this Section not be subject to repeal on
December 31, 2014.
This Section shall be deemed to have been in continuous
effect since December 20, 2011 (the effective date of Public
Act 97-643), and it shall continue to be in effect
henceforward until it is otherwise lawfully repealed. All
previously enacted amendments to this Section taking effect on

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or after December 31, 2014, are hereby validated.
All actions taken in reliance on or pursuant to this
Section by any public institution of higher education, person,
or entity are hereby validated.
In order to ensure the continuing effectiveness of this
Section, it is set forth in full and re-enacted by this
amendatory Act of the 100th General Assembly. This
re-enactment is intended as a continuation of this Section. It
is not intended to supersede any amendment to this Section
that is enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of the reenacted Section is set forth as amended by
Public Act 98-1076. Striking and underscoring is used only to
show changes being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21.)
(30 ILCS 500/1-15.12)
Sec. 1-15.12. Change order. "Change order" means a change
in a contract term, other than as specifically provided for in
the contract, which authorizes or necessitates any increase or
decrease in the cost of the contract or the time for completion
for procurements subject to the jurisdiction of the chief
procurement officers appointed pursuant to Section 10-20.

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(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract. "Subcontract" means a contract
between a person and a person who has a contract subject to
this Code, pursuant to which the subcontractor provides to the
contractor, or, if the contract price exceeds the small
purchase maximum established by Section 20-20 of this Code
$50,000, another subcontractor, some or all of the goods,
services, real property, remuneration, or other monetary forms
of consideration that are the subject of the primary contract
and includes, among other things, subleases from a lessee of a
State agency. For purposes of this Code, a "subcontract" does
not include purchases of goods or supplies that are incidental
to the performance of a contract by a person who has a contract
subject to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.108)
Sec. 1-15.108. Subcontractor. "Subcontractor" means a
person or entity that enters into a contractual agreement with
a total value that exceeds the small purchase maximum
established by Section 20-20 of this Code of $50,000 or more
with a person or entity who has a contract subject to this Code
pursuant to which the person or entity provides some or all of
the goods, services, real property, remuneration, or other

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monetary forms of consideration that are the subject of the
primary State contract, including subleases from a lessee of a
State contract. For purposes of this Code, a person or entity
is not a "subcontractor" if that person only provides goods or
supplies that are incidental to the performance of a contract
by a person who has a contract subject to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-20)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual
procurement of professional or artistic services not exceeding
$100,000 may be made without competitive source selection.
Procurements shall not be artificially divided so as to
constitute a small purchase under this Section. Any
procurement of construction not exceeding $100,000 may be made
by an alternative competitive source selection. The
construction agency shall establish rules for an alternative
competitive source selection process. This Section does not
apply to construction-related professional services contracts
awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum

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established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
(d) Certification. All small purchases with an annual
value that exceeds $50,000 shall be accompanied by Standard
Illinois Certifications in a form prescribed by each Chief
Procurement Officer.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals. Third parties may
lease State-owned dark fiber networks for any period of time
deemed to be in the best interest of the State, but not
exceeding 20 years. The length of a lease for real property or
capital improvements shall be in accordance with the
provisions of Section 40-25. The length of energy conservation
program contracts or energy savings contracts or leases shall

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be in accordance with the provisions of Section 25-45. A
contract for bond or mortgage insurance awarded by the
Illinois Housing Development Authority, however, may be
entered into for any period of time less than or equal to the
maximum period of time that the subject bond or mortgage may
remain outstanding.
(b) Subject to appropriation. All contracts made or
entered into shall recite that they are subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to make payments under the
terms of the contract.
(c) The chief procurement officer shall file a proposed
extension or renewal of a contract with the Procurement Policy
Board and the Commission on Equity and Inclusion prior to
entering into any extension or renewal if the cost associated
with the extension or renewal exceeds $249,999. The
Procurement Policy Board or the Commission on Equity and
Inclusion may object to the proposed extension or renewal
within 14 30 calendar days and require a hearing before the
Board or the Commission on Equity and Inclusion prior to
entering into the extension or renewal. If the Procurement
Policy Board or the Commission on Equity and Inclusion does
not object within 14 30 calendar days or takes affirmative
action to recommend the extension or renewal, the chief
procurement officer may enter into the extension or renewal of
a contract. This subsection does not apply to any emergency

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procurement, any procurement under Article 40, or any
procurement exempted by Section 1-10(b) of this Code. If any
State agency contract is paid for in whole or in part with
federal-aid funds, grants, or loans and the provisions of this
subsection would result in the loss of those federal-aid
funds, grants, or loans, then the contract is exempt from the
provisions of this subsection in order to remain eligible for
those federal-aid funds, grants, or loans, and the State
agency shall file notice of this exemption with the
Procurement Policy Board or the Commission on Equity and
Inclusion prior to entering into the proposed extension or
renewal. Nothing in this subsection permits a chief
procurement officer to enter into an extension or renewal in
violation of subsection (a). By August 1 each year, the
Procurement Policy Board and the Commission on Equity and
Inclusion shall each file a report with the General Assembly
identifying for the previous fiscal year (i) the proposed
extensions or renewals that were filed and whether such
extensions and renewals were objected to and (ii) the
contracts exempt from this subsection.
(d) Notwithstanding the provisions of subsection (a) of
this Section, the Department of Innovation and Technology may
enter into leases for dark fiber networks for any period of
time deemed to be in the best interests of the State but not
exceeding 20 years inclusive. The Department of Innovation and
Technology may lease dark fiber networks from third parties

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only for the primary purpose of providing services (i) to the
offices of Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, or Treasurer and State
agencies, as defined under Section 5-15 of the Civil
Administrative Code of Illinois or (ii) for anchor
institutions, as defined in Section 7 of the Illinois Century
Network Act. Dark fiber network lease contracts shall be
subject to all other provisions of this Code and any
applicable rules or requirements, including, but not limited
to, publication of lease solicitations, use of standard State
contracting terms and conditions, and approval of vendor
certifications and financial disclosures.
(e) As used in this Section, "dark fiber network" means a
network of fiber optic cables laid but currently unused by a
third party that the third party is leasing for use as network
infrastructure.
(f) No vendor shall be eligible for renewal of a contract
when that vendor has failed to meet the goals agreed to in the
vendor's utilization plan, as defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, unless the State agency or public
institution of higher education has determined that the vendor
made good faith efforts toward meeting the contract goals. If
the State agency or public institution of higher education
determines that the vendor made good faith efforts, the agency
or public institution of higher education may issue a waiver

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after concurrence by the chief procurement officer, which
shall not be unreasonably withheld or impair a State agency
determination to execute the renewal. The form and content of
the waiver shall be prescribed by each chief procurement
officer, but shall not impair a State agency or public
institution of higher education determination to execute the
renewal. The chief procurement officer shall post the
completed form on his or her official website within 5
business days after receipt from the State agency or public
institution of higher education. The chief procurement officer
who shall maintain on his or her official website a database of
waivers granted under this Section with respect to contracts
under his or her jurisdiction. The database shall be updated
periodically and shall be searchable by contractor name and by
contracting State agency or public institution of higher
education.
(Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5,
Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
effective date of P.A. 101-657, Article 5, Section 5-5);
101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff.
6-25-21.)
(30 ILCS 500/20-75)
Sec. 20-75. Disputes and protests. The chief procurement
officers shall by rule establish procedures to be followed in
resolving protested solicitations and awards and contract

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controversies, for debarment or suspension of contractors, and
for resolving other procurement-related disputes. At a
minimum, the established procedures must include the
requirement that the chief procurement officer resolve the
protest by means of a written determination within 30 days of
receiving all relevant requested information, unless an action
concerning the protest has commenced in a court or
administrative body, in which case, the chief procurement
officer may defer resolution of the protest pending the
judicial or administrative proceeding.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A.
96-793 for the effective date of changes made by P.A.
96-795).)
(30 ILCS 500/20-120)
Sec. 20-120. Subcontractors.
(a) Any contract granted under this Code shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all known
subcontractors with subcontracts with an annual value that
exceeds the small purchase maximum established by Section
20-20 of this Code of more than $50,000, the general type of
work to be performed by these subcontractors, and the expected
amount of money each will receive under the contract. Upon the
request of the chief procurement officer appointed pursuant to
paragraph (2) of subsection (a) of Section 10-20, the

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contractor shall provide the chief procurement officer a copy
of a subcontract so identified within 15 calendar days after
the request is made. A subcontractor, or contractor on behalf
of a subcontractor, may identify information that is deemed
proprietary or confidential. If the chief procurement officer
determines the information is not relevant to the primary
contract, the chief procurement officer may excuse the
inclusion of the information. If the chief procurement officer
determines the information is proprietary or could harm the
business interest of the subcontractor, the chief procurement
officer may, in his or her discretion, redact the information.
Redacted information shall not become part of the public
record.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer,
State purchasing officer, or their designee of the names and
addresses of each new or replaced subcontractor and the
general type of work to be performed. Upon the request of the
chief procurement officer appointed pursuant to paragraph (2)
of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer a copy of any new or
amended subcontract so identified within 15 calendar days
after the request is made.
(c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the

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subcontractor's certifications required by Article 50 of the
Code.
(d) This Section applies to procurements solicited on or
after the effective date of this amendatory Act of the 96th
General Assembly. The changes made to this Section by this
amendatory Act of the 97th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 97th General Assembly.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/30-60 new)
Sec. 30-60. Change order reports.
(a) During the period described in subsection (b), the
Capital Development Board and the Department of Transportation
shall each prepare quarterly reports on the status of change
order requests concerning price that have been received by
either the Board or the Department and that have not been acted
upon within 45 days. The reports shall be made available to the
public on the Internet websites of the Capital Development
Board and the Department of Transportation, and shall also be
submitted to the Governor and the General Assembly. The
reports shall include as much information as possible,
including, but not limited to: (i) the number of change order
requests concerning price that have been received by the Board
or the Department within the applicable reporting quarter and
have not been acted upon within 45 days after their receipt;

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and (ii) for those change order requests concerning price that
are agreed to by the Board or the Department, information on
the number of days that passed between the date the change
order request was received and the date it was agreed to by the
Board or Department.
(b) There shall be 12 quarterly reports in total. The
first report shall be published on or before January 15, 2023,
and the last report shall be published on or before December
15, 2025.
(c) The reports may include a narrative section that
explains any internal improvements made and any plans to
reduce the number of contracts with a change order in which an
agreement on price is not reached within 45 days after receipt
of the change order request.
(d) This Section is repealed on January 1, 2026.
(30 ILCS 500/35-40)
Sec. 35-40. Subcontractors.
(a) Any contract granted under this Article shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all
subcontractors with an annual value that exceeds the small
purchase maximum established by Section 20-20 of this Code of
more than $50,000, the general type of work to be performed by
these subcontractors, and the expected amount of money each
will receive under the contract. Upon the request of the chief

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procurement officer appointed pursuant to paragraph (2) of
subsection (a) of Section 10-20, the contractor shall provide
the chief procurement officer a copy of a subcontract so
identified within 15 calendar days after the request is made.
A subcontractor, or contractor on behalf of a subcontractor,
may identify information that is deemed proprietary or
confidential. If the chief procurement officer determines the
information is not relevant to the primary contract, the chief
procurement officer may excuse the inclusion of the
information. If the chief procurement officer determines the
information is proprietary or could harm the business interest
of the subcontractor, the chief procurement officer may, in
his or her discretion, redact the information. Redacted
information shall not become part of the public record.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their designee of the
names and addresses and the expected amount of money each new
or replaced subcontractor will receive. Upon request of the
chief procurement officer appointed pursuant to paragraph (2)
of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer a copy of any new or
amended subcontract so identified within 15 calendar days

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after the request is made.
(c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the
subcontractor's certifications required by Article 50 of this
Code.
(d) For purposes of this Section, the changes made by this
amendatory Act of the 98th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/40-25)
Sec. 40-25. Length of leases.
(a) Maximum term. Except as otherwise provided under
subsection (a-5), leases shall be for a term not to exceed 10
years inclusive, beginning January, 1, 2010, of proposed
contract renewals and shall include a termination option in
favor of the State after 5 years. The length of energy
conservation program contracts or energy savings contracts or
leases shall be in accordance with the provisions of Section
25-45.
(a-5) Extended term. A lease for real property owned by a
public institution of higher education to be used for
healthcare uses, academic facilities, dormitory facilities, or
other support uses the University of Illinois to be used by the
University of Illinois at Chicago for an ambulatory surgical

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center, which would include both clinical services and retail
space, may exceed 10 years in length when where: (i) the lease
requires the lessor to make capital improvements in excess of
$100,000; and (ii) the Board of Trustees of the public
institution of higher education University of Illinois
determines a term of more than 10 years is necessary and is in
the best interest of the institution University. A lease under
this subsection (a-5) may not exceed 30 years in length.
(b) Renewal. Leases may include a renewal option. An
option to renew may be exercised only when a State purchasing
officer determines in writing that renewal is in the best
interest of the State and notice of the exercise of the option
is published in the appropriate volume of the Procurement
Bulletin at least 30 calendar days prior to the exercise of the
option.
(c) Subject to appropriation. All leases shall recite that
they are subject to termination and cancellation in any year
for which the General Assembly fails to make an appropriation
to make payments under the terms of the lease.
(d) Holdover. Beginning January 1, 2010, no lease may
continue on a month-to-month or other holdover basis for a
total of more than 6 months. Beginning July 1, 2010, the
Comptroller shall withhold payment of leases beyond this
holdover period.
(e) On December 31, 2023, and every year thereafter, any
institution of higher education that enters into a lease under

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this Section shall file with both houses of the General
Assembly a report outlining each lease entered into under this
Section that is current as of the date of the report.
(Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19;
101-426, eff. 1-1-20.)
(30 ILCS 500/45-105 new)
Sec. 45-105. Bid preference for Illinois businesses.
(a) For the purposes of this Section:
"Illinois business" means a contractor that: (i) is
headquartered in Illinois and providing, at the time that an
invitation for a bid or notice of contract opportunity is
first advertised, construction or construction-related
professional services for Illinois-based projects; (ii)
conducts meaningful day-to-day business operations at a
facility in Illinois that is the place of employment for the
majority of its regular, full-time workforce; (iii) holds all
appropriate State licenses; and (iv) is subject to applicable
State taxes. "Illinois business" does not include any
subcontractors.
"Illinois-based project" means an individual project of
construction and other construction-related services for a
construction agency that will result in the conduct of
business within the State or the employment of individuals
within the State.
(b) It is hereby declared to be the public policy of the

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State of Illinois to promote the economy of Illinois through
the use of Illinois businesses for all State construction
contracts.
(c) Construction agencies procuring construction and
construction-related professional services shall make
reasonable efforts to contract with Illinois businesses.
(d) Beginning in 2022, each construction agency shall
submit a report to the Governor and the General Assembly by
September 1 of each year that identifies the Illinois
businesses procured by the construction agency, the primary
location of the construction project, the percentage of the
construction agency's utilization of Illinois businesses on
the project as a whole, and the actions that the construction
agency has undertaken to increase the use of Illinois
businesses.
(e) In procuring construction and construction-related
professional services for projects with a total construction
cost of more than $100,000, construction agencies shall
provide a bid preference to a responsible bidder that is an
Illinois business as defined in this Section. The construction
agency shall allocate to any responsible bidder that is an
Illinois business a bid preference of 4% of the contract base
bid.
(f) This Section does not apply to any contract for any
project for which federal funds are available for expenditure
when its provisions may be in conflict with federal law or

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federal regulation.
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) If a No person submits shall submit a bid or offer for,
enters enter into a contract or subcontract under this Code,
or makes make a submission to a vendor portal and if that
person knows or should know that he or she or any affiliate is
delinquent in the payment of any debt to the State, that person
or affiliate must cure the debt delinquency within 7 calendar
days by satisfying the entire debt, or unless the person or
affiliate must enter has entered into a deferred payment plan
to pay off the debt, subject to the Comptroller's ability to
process the payment, or must be actively disputing or seeking
a resolution of the debt. For purposes of this Section, the
phrase "delinquent in the payment of any debt" shall be
determined by the Debt Collection Bureau. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (a), a
person controls an entity if the person owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder

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the right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(b) Every bid and offer submitted to the State, every
vendor's submission to a vendor portal, every contract
executed by the State and every subcontract subject to Section
20-120 of this Code shall contain a certification by the
bidder, offeror, potential contractor, contractor, or
subcontractor, respectively, that the bidder, offeror,
respondent, potential contractor, contractor or the
subcontractor and its affiliate is not barred from being
awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer may declare
the related contract void if any of the certifications
completed pursuant to this subsection (b) are false. If the
false certification is made by a subcontractor, then the
contractor's submitted bid or offer and the executed contract
may not be declared void, unless the contractor refuses to
terminate the subcontract upon the State's request after a
finding that the subcontract's certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-35)
Sec. 50-35. Financial disclosure and potential conflicts

10200HB2770sam002 - 41 - LRB102 12716 HLH 39024 a
of interest.
(a) All bids and offers from responsive bidders, offerors,
vendors, or contractors with an annual value that exceeds the
small purchase threshold established under subsection (a) of
Section 20-20 of this Code of more than $50,000, and all
submissions to a vendor portal, shall be accompanied by
disclosure of the financial interests of the bidder, offeror,
potential contractor, or contractor and each subcontractor to
be used. In addition, all subcontracts identified as provided
by Section 20-120 of this Code with an annual value that
exceeds the small purchase threshold established under
subsection (a) of Section 20-20 of this Code of more than
$50,000 shall be accompanied by disclosure of the financial
interests of each subcontractor. The financial disclosure of
each successful bidder, offeror, potential contractor, or
contractor and its subcontractors shall be incorporated as a
material term of the contract and shall become part of the
publicly available contract or procurement file maintained by
the appropriate chief procurement officer. Each disclosure
under this Section shall be signed and made under penalty of
perjury by an authorized officer or employee on behalf of the
bidder, offeror, potential contractor, contractor, or
subcontractor, and must be filed with the Procurement Policy
Board and the Commission on Equity and Inclusion.
(b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than

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60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
bidder, offeror, potential contractor, contractor, or
subcontractor (i) is a publicly traded entity subject to
Federal 10K reporting, in which case it may submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a
privately held entity that is exempt from Federal 10k
reporting but has more than 100 shareholders, in which case it
may submit the information that Federal 10k reporting
companies are required to report under 17 CFR 229.401 and list
the names of any person or entity holding any ownership share
that is in excess of 5% in place of the prescribed disclosure.
The form of disclosure shall be prescribed by the applicable
chief procurement officer and must include at least the names,
addresses, and dollar or proportionate share of ownership of
each person identified in this Section, their instrument of
ownership or beneficial relationship, and notice of any
potential conflict of interest resulting from the current
ownership or beneficial relationship of each individual
identified in this Section having in addition any of the
following relationships:
(1) State employment, currently or in the previous 3
years, including contractual employment of services.
(2) State employment of spouse, father, mother, son,
or daughter, including contractual employment for services
in the previous 2 years.

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(3) Elective status; the holding of elective office of
the State of Illinois, the government of the United
States, any unit of local government authorized by the
Constitution of the State of Illinois or the statutes of
the State of Illinois currently or in the previous 3
years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any appointive
government office of the State of Illinois, the United
States of America, or any unit of local government
authorized by the Constitution of the State of Illinois or
the statutes of the State of Illinois, which office
entitles the holder to compensation in excess of expenses
incurred in the discharge of that office currently or in
the previous 3 years.
(6) Relationship to anyone holding appointive office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(7) Employment, currently or in the previous 3 years,
as or by any registered lobbyist of the State government.
(8) Relationship to anyone who is or was a registered
lobbyist in the previous 2 years; spouse, father, mother,
son, or daughter.
(9) Compensated employment, currently or in the

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previous 3 years, by any registered election or
re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or any
political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father, mother,
son, or daughter; who is or was a compensated employee in
the last 2 years of any registered election or re-election
committee registered with the Secretary of State or any
county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of
State or the Federal Board of Elections.
(b-1) The disclosure required under this Section must also
include the name and address of each lobbyist required to
register under the Lobbyist Registration Act and other agent
of the bidder, offeror, potential contractor, contractor, or
subcontractor who is not identified under subsections (a) and
(b) and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer. The disclosure under this subsection is a
continuing obligation and must be promptly supplemented for
accuracy throughout the process and throughout the term of the
contract if the bid or offer is successful.
(b-2) The disclosure required under this Section must also
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the

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previous 10 years: suspension or debarment from contracting
with any governmental entity; professional licensure
discipline; bankruptcies; adverse civil judgments and
administrative findings; and criminal felony convictions. The
disclosure under this subsection is a continuing obligation
and must be promptly supplemented for accuracy throughout the
process and throughout the term of the contract if the bid or
offer is successful.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the
chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send
the contract to the Procurement Policy Board and the
Commission on Equity and Inclusion. In accordance with the
objectives of subsection (c), if the Procurement Policy Board
or the Commission on Equity and Inclusion finds evidence of a
potential conflict of interest not originally disclosed by the
bidder, offeror, potential contractor, contractor, or
subcontractor, the Board or the Commission on Equity and
Inclusion shall provide written notice to the bidder, offeror,
potential contractor, contractor, or subcontractor that is

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identified, discovered, or reasonably suspected of having a
potential conflict of interest. The bidder, offeror, potential
contractor, contractor, or subcontractor shall have 15
calendar days to respond in writing to the Board or the
Commission on Equity and Inclusion, and a hearing before the
Board or the Commission on Equity and Inclusion will be
granted upon request by the bidder, offeror, potential
contractor, contractor, or subcontractor, at a date and time
to be determined by the Board or the Commission on Equity and
Inclusion, but which in no event shall occur later than 15
calendar days after the date of the request. Upon
consideration, the Board or the Commission on Equity and
Inclusion shall recommend, in writing, whether to allow or
void the contract, bid, offer, or subcontract weighing the
best interest of the State of Illinois. All recommendations
shall be submitted to the Executive Ethics Commission. The
Executive Ethics Commission must hold a public hearing within
30 calendar days after receiving the Board's or the Commission
on Equity and Inclusion's recommendation if the Procurement
Policy Board or the Commission on Equity and Inclusion makes a
recommendation to (i) void a contract or (ii) void a bid or
offer and the chief procurement officer selected or intends to
award the contract to the bidder, offeror, or potential
contractor. A chief procurement officer is prohibited from
awarding a contract before a hearing if the Board or the
Commission on Equity and Inclusion recommendation does not

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support a bid or offer. The recommendation and proceedings of
any hearing, if applicable, shall be available to the public.
(e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or submission to a vendor portal. The
chief procurement officer, the State purchasing officer, or
their designees shall be responsible for using any reasonably
known and publicly available information to discover any
undisclosed potential conflict of interest and act to protect
the best interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if
he or she deems it in the best interest of the State of
Illinois and, at his or her discretion, may be cause for
barring from future contracts, bids, offers, proposals,
subcontracts, or relationships with the State for a period of
up to 2 years.
(g) Intentional, willful, or material failure to disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if
he or she deems it in the best interest of the State of
Illinois and shall result in debarment from future contracts,
bids, offers, proposals, subcontracts, or relationships for a
period of not less than 2 years and not more than 10 years.

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Reinstatement after 2 years and before 10 years must be
reviewed and commented on in writing by the Governor of the
State of Illinois, or by an executive ethics board or
commission he or she might designate. The comment shall be
returned to the responsible chief procurement officer who must
rule in writing whether and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, bids, offers, proposals,
subcontracts, leases, or other ongoing procurement
relationships the bidder, offeror, potential contractor,
contractor, or subcontractor has with any other unit of State
government and shall clearly identify the unit and the
contract, offer, proposal, lease, or other relationship.
(i) The bidder, offeror, potential contractor, or
contractor has a continuing obligation to supplement the
disclosure required by this Section throughout the bidding
process during the term of any contract, and during the vendor
portal registration process.
(j) If a bid or offer is received from a responsive bidder,
offeror, vendor, contractor, or subcontractor with an annual
value of more than $100,000 and the bidder, offeror, vendor,
contractor, or subcontractor has an active contract with that
same entity and already has submitted their financial
disclosures and potential conflicts of interest within the
last 12 months, the bidder, offeror, vendor, contractor, or
subcontractor may submit a signed affidavit attesting that the

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original submission of its financial disclosures and potential
conflicts of interests has not been altered or changed. The
form and content of the affidavit shall be prescribed by the
applicable chief procurement officer.
(Source: P.A. 101-657, eff. 1-1-22.)
(30 ILCS 500/50-90 new)
Sec. 50-90. Certifications. All contracts under this Code
with an annual value that exceeds $50,000 annually shall be
accompanied by Standard Illinois Certifications in a form
prescribed by each chief procurement officer.
(30 ILCS 500/55-25 new)
Sec. 55-25. State Procurement Task Force.
(a) There is hereby created the State Procurement Task
Force.
(b) The task force shall survey the State procurement
process and make recommendations to: (i) ensure that the
process is equitable and efficient; (ii) provide departments
with the flexibility needed to be successful; (iii) change the
current structure of the procurement process; (iv) update the
process to reflect modern procurement methods; (v) increase
women-owned and minority-owned business participation; (vi)
increase participation by Illinois vendors; and (vii) reduce
costs and increase efficiency of State procurements.
(c) The task force shall consist of the following members:

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(1) 4 members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(2) 4 members of the Senate, appointed by the
President of the Senate;
(3) 3 members of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(4) 3 members of the Senate, appointed by the Minority
Leader of the Senate;
(5) 1 member representing State institutions of higher
education, appointed by the President of the Senate;
(6) 1 member representing State institutions of higher
education, appointed by the Speaker of the House of
Representatives;
(7) 5 members representing vendors, with one each
appointed by the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority
Leader of the House of Representatives, and the Minority
Leader of the Senate;
(8) 5 members of the public representing women-owned
and minority-owned businesses, with one each appointed by
the Governor, the Speaker of the House of Representatives,
the President of the Senate, the Minority Leader of the
House of Representatives, and the Minority Leader of the
Senate;
(9) 1 member from the Department of Central Management

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Services, appointed by the Governor;
(10) 1 member from the Department of Transportation,
appointed by the Governor;
(11) 1 member from the Department of Information and
Technology, appointed by the Governor;
(12) 1 Chief Procurement Officer, appointed by the
Governor; and
(13) the Chairperson of the Commission on Equity and
Inclusion, who shall serve as Chair of the Task Force.
(d) Members of the task force shall serve without
compensation for the duration of the task force.
(e) As soon as practicable after all members have been
appointed, the task force shall hold its first meeting. The
task force shall hold at least 7 meetings.
(f) The Department of Central Management Services shall
provide administrative and other support to the task force.
(g) The task force shall from time to time submit reports
of its findings and recommendations on its survey of State
procurement processes to the Governor and the General
Assembly. By November 1, 2022, the task force shall submit a
report to the Governor and General Assembly reporting findings
and recommendations specifically including any proposed
recommendations to: (i) alter the current structure and number
of Chief Procurement Officers; (ii) enact or modify cure
periods in the Procurement Code that allow a potentially
successful vendor to correct technical deficiencies in the

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vendor's bid; (iii) enact measures that increase efficiency,
modernization, or reduce costs within the procurement system;
and (iv) increase women-owned and minority-owned business
participation. On or before January 1, 2024, the task force
shall submit a report of its findings and recommendations on
its survey of State procurement processes to the Governor and
the General Assembly.
(h) This Section is repealed on January 1, 2025.
Section 10. The Procurement of Domestic Products Act is
amended by changing Sections 5, 10, and 25 and by adding
Sections 3 and 35 as follows:
(30 ILCS 517/3 new)
Sec. 3. Policy. It is hereby declared to be the public
policy of the State of Illinois for each purchasing agency to
use the terms and conditions of State financial assistance
awards and State procurements to maximize the use of goods,
products, and materials produced in Illinois.
(30 ILCS 517/5)
Sec. 5. Definitions. As used in this Act:
"Manufactured in Illinois" means, in the case of assembled
articles, materials, or supplies, having been designed,
finally assembled, processed, packaged, tested, or otherwise
processed in Illinois in a manner that adds value, quality, or

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reliability.
"Manufactured in the United States" means, in the case of
assembled articles, materials, or supplies, that design, final
assembly, processing, packaging, testing, or other process
that adds value, quality, or reliability occurs in the United
States.
"Procured products" means assembled articles, materials,
or supplies purchased by a State agency.
"Purchasing agency" has the meaning ascribed to that term
in Section 1-15.70 of the Illinois Procurement Code means a
State agency.
"State agency" has the meaning ascribed to that term in
Section 1-15.100 of the Illinois Procurement Code means each
agency, department, authority, board, or commission of the
executive branch of State government, including each
university, whether created by statute or by executive order
of the Governor.
"United States" means the United States and any place
subject to the jurisdiction of the United States.
(Source: P.A. 98-463, eff. 8-16-13.)
(30 ILCS 517/10)
Sec. 10. Domestic United States products.
(a) Each purchasing agency making purchases of procured
products shall promote the purchase of and give preference to
manufactured articles, materials, and supplies that have been

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manufactured in the United States. Procured products
manufactured in the United States shall be specified and
purchased unless the purchasing agency determines that any of
the following applies:
(1) The procured products are not manufactured in the
United States in reasonably available quantities.
(2) The price of the procured products manufactured in
the United States exceeds by an unreasonable amount the
price of available and comparable procured products
manufactured outside of the United States by 12% or more.
(3) The quality of the procured products manufactured
in the United States is substantially less than the
quality of the comparably priced, available, and
comparable procured products manufactured outside of the
United States.
(4) The purchase of the procured products manufactured
outside of the United States better serves the public
interest by helping to protect or save life, property, or
the environment.
(5) The purchase of the procured products is made in
conjunction with contracts or offerings of
telecommunications, fire suppression, security systems,
communications services, Internet services, or information
services.
(6) The purchase is of pharmaceutical products, drugs,
biologics, vaccines, medical devices used to provide

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medical and health care or treat disease or used in
medical or research diagnostic tests, and medical
nutritionals regulated by the Food and Drug Administration
under the federal Food, Drug and Cosmetic Act.
(7) The purchase is an emergency purchase authorized
under Section 20-30 of the Illinois Procurement Code.
(8) The purchase is a sole source or sole economically
feasible source purchase authorized under Section 20-25 of
the Illinois Procurement Code.
(b) If there is a tie between 2 bidders or offerors who
have certified that they will provide products manufactured in
the United States, the bidder or offeror that certifies it
will provide products manufactured in Illinois shall be given
preference.
(c) In determining the price of procured products for
purposes of this Section, consideration shall be given to the
life-cycle cost, including maintenance and repair of those
procured products.
(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
(30 ILCS 517/25)
Sec. 25. Penalties. If a contractor is awarded a contract
through the use of a preference under this Act and knowingly
supplies procured products under that contract that are not
manufactured in Illinois or the United States, as applicable,
then (i) the contractor is barred from obtaining any State

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contract for a period of 5 years after the violation is
discovered by the purchasing agency, (ii) the purchasing
agency may void the contract, and (iii) the purchasing agency
may recover damages in a civil action in an amount 3 times the
value of the preference.
(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
(30 ILCS 517/35 new)
Sec. 35. Compliance reports. Beginning within 180 days
after the effective date of this amendatory Act of the 102nd
General Assembly, and annually thereafter, each purchasing
agency shall submit to the chief procurement officer a report
on: (i) the purchasing agency's compliance with the Act,
including details on any incidents of noncompliance; (ii) the
purchasing agency's analysis of goods, products, and materials
not subject to the Act, including details of any procured
products purchased under an exception listed in subsection (a)
of Section 10; and (iii) any recommendations for how to
further effectuate the policy set forth in this Act.
Section 15. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Section 5 as follows:
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2024)

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Sec. 5. Business Enterprise Council.
(1) To help implement, monitor, and enforce the goals of
this Act, there is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Chairperson of the
Commission on Equity and Inclusion, the Secretary of Human
Services and the Directors of the Department of Human Rights,
the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of
Transportation and the Capital Development Board, or their
duly appointed representatives, with the Comptroller, or his
or her designee, serving as an advisory member of the Council.
Ten individuals representing businesses that are
minority-owned, women-owned, or owned by persons with
disabilities, 2 individuals representing the business
community, and a representative of public institutions of
higher education shall be appointed by the Governor. These
members shall serve 2-year terms and shall be eligible for
reappointment. Any vacancy occurring on the Council shall also
be filled by the Governor. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for
which his or her predecessor was appointed shall be appointed
for the remainder of such term. Members of the Council shall
serve without compensation but shall be reimbursed for any
ordinary and necessary expenses incurred in the performance of
their duties.

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The Chairperson of the Commission shall serve as the
Council chairperson and shall select, subject to approval of
the Council, a Secretary responsible for the operation of the
program who shall serve as the Division Manager of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Division of the Commission on Equity and
Inclusion.
The Director of each State agency and the chief executive
officer of each public institution of higher education shall
appoint a liaison to the Council. The liaison shall be
responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be
to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately
classified as businesses owned by minorities, women, or
persons with disabilities and a registration procedure to
recognize, without additional evidence of Business
Enterprise Program eligibility, the certification of
businesses owned by minorities, women, or persons with
disabilities certified by the City of Chicago, Cook
County, or other jurisdictional programs with requirements
and procedures equaling or exceeding those in this Act.
(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, women, or

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persons with disabilities to provide to State agencies and
public institutions of higher education.
(c) Review rules and regulations for the
implementation of the program for businesses owned by
minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and public institution of higher education pursuant
to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the
program.
(f) Serve as a central clearinghouse for information
on State contracts, including the maintenance of a list of
all pending State contracts upon which businesses owned by
minorities, women, and persons with disabilities may bid.
At the Council's discretion, maintenance of the list may
include 24-hour electronic access to the list along with
the bid and application information.
(g) Establish a toll-free telephone number to
facilitate information requests concerning the
certification process and pending contracts.
(h) Adopt a procedure to grant automatic certification
to businesses holding a certification from at least one of
the following entities: (i) the Illinois Unified
Certification Program; (ii) the Women's Business
Development Center in Chicago; (iii) the Chicago Minority

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Supplier Development Council; or (iv) any other similar
entity offering such certification to businesses.
(i) Develop and maintain a repository for
non-certified vendors that: (i) have applied for
certification and have been denied; (ii) have started, but
not completed, the certification process; (iii) have
achieved certification, but did not seek renewal; or (iv)
are known businesses owned by minorities, women, or
persons with disabilities.
(3) No premium bond rate of a surety company for a bond
required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be higher
than the lowest rate charged by that surety company for a
similar bond in the same classification of work that would be
written for a business not owned by a minority, woman, or
person with a disability.
(4) Any Council member who has direct financial or
personal interest in any measure pending before the Council
shall disclose this fact to the Council and refrain from
participating in the determination upon such measure.
(5) The Secretary shall have the following duties and
responsibilities:
(a) To be responsible for the day-to-day operation of
the Council.
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, women, and

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persons with disabilities and as the information and
referral center for all State initiatives for businesses
owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal
officer that the State exercise its legal remedies which
shall include (1) termination of the contract involved,
(2) prohibition of participation by the respondent in
public contracts for a period not to exceed 3 years, (3)
imposition of a penalty not to exceed any profit acquired
as a result of violation, or (4) any combination thereof.
Such procedures shall require prior approval by Council.
All funds collected as penalties under this subsection
shall be used exclusively for maintenance and further
development of the Business Enterprise Program and
encouragement of participation in State procurement by
minorities, women, and persons with disabilities.
(d) To devise appropriate policies, regulations, and
procedures for including participation by businesses owned
by minorities, women, and persons with disabilities as
prime contractors, including, but not limited to: (i)
encouraging the inclusions of qualified businesses owned
by minorities, women, and persons with disabilities on
solicitation lists, (ii) investigating the potential of
blanket bonding programs for small construction jobs, and
(iii) investigating and making recommendations concerning

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the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Chairperson of the Commission on Equity and
Inclusion, grants related to the purposes of this Act; to
conduct seminars related to the purpose of this Act and to
charge reasonable registration fees; and to sell
directories, vendor lists, and other such information to
interested parties, except that forms necessary to become
eligible for the program shall be provided free of charge
to a business or individual applying for the Business
Enterprise Program.
(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21; 102-558, eff. 8-20-21.)
Section 20. The Illinois Human Rights Act is amended by
changing Section 2-105 as follows:
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment

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and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative, and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and
Commission; and (vii) protection against retaliation as
provided by Sections 6-101 and 6-101.5 of this Act. A copy
of the policies shall be provided to the Department upon
request. Additionally, each bidder who submits a bid or
offer for a State contract under the Illinois Procurement
Code shall have a written copy of the bidder's sexual
harassment policy as required under this paragraph (4). A
copy of the policy shall be provided to the State agency

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entering into the contract upon request.
The Department, by rule, shall establish a reasonable
opportunity to cure any noncompliance with this subsection by
a bidder prior to the awarding of a contract.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action. ;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of
these affirmative action plans, the race and national
origin categories to be included in the plans are:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander.
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and

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disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category
that the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex, and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint
a full-time Equal Employment Opportunity officer, subject

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to the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who
are in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices, and qualifications and reporting to the
head of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex, or disability or any other category that
the Department may require by rule, and to assist in

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the recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this
Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or
advise the State employee during the course of such
meeting, investigation, negotiation, conference, or
other proceeding. Nothing in this Section shall be
construed to permit any person who is not licensed to
practice law in Illinois to deliver any legal services
or otherwise engage in any activities that would

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constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference, or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain, and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative, and complaint process available through

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the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and
(vii) protection against retaliation as provided by
Section 6-101 of this Act. The policy shall be
reviewed annually.
(b) Post in a prominent and accessible location
and distribute in a manner to assure notice to all
agency employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an
emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee
targeted for layoff, the employee's union

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representative (if applicable), and the State
Dislocated Worker Unit at the Department of Commerce
and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice
shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights
violation for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this

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Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance
with affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall
be afforded to the public contractor or eligible bidder
before the Department may issue formal notice of
non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa.
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other

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Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
revised 9-22-21.)
Section 99. Effective date. This Act takes effect January
1, 2023, except that this Section and the changes made to
Sections 1-13 and 55-25 of the Illinois Procurement Code take
effect upon becoming law.".